[Ord. No. 146, 3-5-2007]
The purpose of this article is to provide a procedure for the
application, siting, regulation, construction and operation of towers,
structures and related facilities that utilize the radio frequency
spectrum for the purpose of transmitting, re-broadcasting or receiving
radio signals.
[Ord. No. 146, 3-5-2007]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The location of two or more wireless communication providers
of wireless communication facilities on a common structure, tower,
or building, in an effort to reduce the overall number of structures
required to support wireless communication antennas within the community.
Collocation shall be deemed to be feasible for purposes of
this section where all of the following are met:
The wireless communication provider entity under consideration
for colocation will undertake to pay market rent or other market compensation
for colocation.
The site on which collocation is being considered, taking into
consideration reasonable modification or replacement of a facility,
is able to provide structural support.
The collocation being considered is technologically reasonable
(e.g.; the collocation will not result in unreasonable interference),
given appropriate physical and other adjustments in relation to the
structure, antennas, and the like.
The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Village, taking into consideration the several standards contained in § 34-364.
Includes all structures and accessory facilities relating
to the use of radio frequency spectrum for the purpose of transmitting
or receiving radio signals. This may include, but shall not be limited
to, radio towers, television towers, telephone devices and exchanges,
microwave relay facilities, telephone transmission equipment buildings
and private and commercial mobile radio facilities. The term "telecommunications
tower" does not include citizen band radio facilities; short wave
receiving facilities; radio and television broadcast reception facilities;
federally licensed amateur (ham) radio facilities; satellite dishes,
and governmental facilities which are subject to state or federal
law or regulations which pre-empt municipal regulatory authority.
[Ord. No. 146, 3-5-2007]
(a)
Special land use permit requirements under this article are as follows:
(1)
Permit required. No telecommunication tower shall be erected
in the Village without first having acquired a permit as described
in this article.
(2)
Application. An application shall be submitted by the owner
of record with the application fee as required by Council resolution.
Such application shall be submitted to the Village Clerk, or Council
designee, who shall then review the application for completeness,
pursuant to the conditions contained herein.
(3)
Contents. In addition to the information required on the application
form, an application submitted under this article shall include:
a.
A statement describing the efforts by the applicant utilized
to the feasibility of collocation. If collocation is unavailable or
not practical the applicant shall provide a statement which identifies
the facts, characteristics and/or circumstances which render collocation
unavailable or technically not practical for the coverage area and
capacity needs. Any such documentation must be verified by a certified
state professional engineer.
b.
A site plan prepared in accordance with proper ordinances shall
so identify the zoning districts of all property within two miles
of the proposed site.
c.
An engineering drawing of the tower design signed by a certified
state structural or professional engineer verifying that the tower
design meets all wind load and soil load bearing requirements for
the intended site.
d.
A maintenance plan, and any applicable maintenance agreement,
shall be presented and approved as part of the site plan for the proposed
facility. Such plan shall be designed to ensure longterm, continuous
maintenance to a reasonably prudent standard.
e.
The name, address and phone number of the person to contact
for engineering, maintenance and other notice purposes. This information
shall be continuously updated by the applicant during all times the
facility is on the premises.
f.
A list of all property owners within a one-half mile radius
of the proposed site.
g.
A map showing the locations, name and address of the owner and/or
operators of any other telecommunication tower within the Village
and any other tower within a five-mile radius of the proposed site,
identifying any other collocation utilized on each tower.
h.
An application fee in the amount established for special use
permits along with a sufficient deposit to cover any mailing and publication
costs required for the public hearing.
[Ord. No. 146, 3-5-2007]
Providing all the requirements of § 34-361 have been satisfied, the Village Council shall schedule a public hearing to be held no sooner than 28 days after the board meeting at which the public hearing was scheduled. All property owners within a half-mile radius of the proposed site shall be notified by first class mail of the public hearing.
[Ord. No. 146, 3-5-2007]
(a)
The following site and developmental requirements shall apply:
(1)
The proposed site must meet all front, side and rear yard setback
minimum road frontage requirements that may be established.
(2)
The use of guy wires is strictly prohibited. All towers shall
be self-supporting.
(4)
Telecommunication towers shall only be located in industrial
districts.
(5)
Any such site which is approved shall maintain a separate access
road or driveway. No other use shall be served by said driveway or
road.
[Ord. No. 146, 3-5-2007]
(a)
Enumerated.
(1)
The tower must be set back from all property lines a distance
equal to its height, unless engineering plans and specifications have
been verified by the Village engineer that the structural integrity
of the tower will withstand high winds and impacts, and the likelihood
of a tower failure is minimal. The applicant shall bear all costs
associated with the Village engineering review.
(2)
Accessory structures are limited to uses associated with the
operation of the tower and may not be located any closer to any property
line than 30 feet.
(3)
Accessory structures shall not exceed 600 square feet of gross
building area.
(4)
All buffer yard requirements within this chapter shall be otherwise
satisfied.
(5)
The division of property for the purpose of locating a wireless
communication facility is prohibited unless all requirements and conditions
of this chapter are met.
(6)
The tower construction plans shall be certified by a registered
structural engineer licensed in the state.
(7)
The applicant shall provide verification that the antenna mount
and structure have been reviewed and approved by a professional engineer
and that the installation is in compliance with all applicable codes.
(8)
All towers must meet the standards of the Federal Aviation Administration
(FAA) and the Federal Communications Commission (FCC).
(9)
Communication towers in excess of 100 feet in height above grade
level shall be prohibited within a two-mile radius of a heliport.
(10)
No part of any tower or antenna shall be constructed, located
or maintained at any time, permanently or temporarily, on or upon
any required setback area for the district in which the antenna or
tower is to be located. In no case shall a tower or antenna be located
within 30 feet of a property line. The applicant may apply to the
Zoning Board of Appeals for a setback variance.
(11)
Metal towers shall be constructed of, or treated with, corrosive-resistant
material.
(12)
Antenna and metal towers shall be grounded for protection against
a direct strike by lightning and shall comply as to electrical wiring
and connections with all applicable local statutes, regulations and
standards.
(13)
Towers and antenna shall be designed to withstand a uniform
wind loading as prescribed in the state construction code.
(14)
All signals and remote control conductors of low energy extending
substantially horizontally above the ground between a tower or antenna
and a structure, or between towers, shall be at least eight feet above
the ground at all points, unless buried underground.
(15)
Towers shall be located and designed so they do not interfere
with telephone, radio and television reception in nearby residential
areas.
(16)
Towers shall be located so as to allow maintenance vehicles
to maneuver on the property.
(17)
The base of the tower shall occupy no more than 500 square feet.
(18)
Minimum spacing between communication tower locations shall
be two miles to prevent a concentration of towers in the Village.
(19)
The height of the tower shall not exceed 300 feet from grade.
(20)
Towers shall be artificially lighted only to the extent required
by the FAA, or by the Village Council, whichever is greater. Where
possible, considering all site restrictions, any such lighting shall
not unduly interfere with the peace and repose of the surrounding
land uses, whether or not in the same zoning district.
(21)
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
(22)
No advertisement or identification of any kind, except as required
for emergency purposes, shall be displayed or erected on the property.
(23)
The antenna shall be painted to match the exterior treatment
of the tower. The paint scheme shall minimize the off-site visibility
of the antenna and tower.
(24)
Structures shall be subject to any state and federal regulations
concerning nonionizing electromagnetic radiation. If more restrictive
standards are adopted in the future, the antenna shall be made to
conform to said regulation within 30 days or the special land use
approval will be subject to revocation by the Village Council. All
costs for testing and verification of compliance shall be borne by
the operator of the antenna.
(25)
There shall be no employees located on the site. Occasional
or temporary repair service activities are excluded from this restriction.
(26)
Where the property adjoins residentially zoned property or land
use, the developer shall plant two alternating rows of evergreen trees
having a minimum height at time of planting of five feet on ten foot
centers along the entire perimeter of the tower and related structures.
In no case shall the evergreens be any closer than 20 feet to any
structure. These trees shall be maintained by the applicant, and dead
trees shall be replaced during the following planting season. Any
necessary replacements shall also be a minimum height of five feet
at the time of replacement. These trees shall be maintained by the
applicant perpetually, and dead trees shall be replaced during the
following planting season.
(27)
All new and modified wireless communication facilities shall
be designed and constructed so as to accommodate collocation.
(28)
The site and tower shall be maintained in compliance with all
applicable laws, codes and ordinances. The Village may require landscaping
or other improvements to the site so as to minimize the aesthetic,
or other damage the tower causes to the surrounding properties.
[Ord. No. 146, 3-5-2007]
(a)
Abandonment. A telecommunication tower that is no longer used for
its intended purpose is deemed abandoned. The tower shall be removed
by the property owner within six months of being abandoned. If the
owner fails to do so within six months of abandonment, the special
use shall be considered revoked. The Village may, at its sole discretion,
enter the property and cause the demolition of the tower, antenna,
and any necessary structure if an abandoned tower is not removed within
six months. Prior to demolition, the Village shall provide written
notice of demolition via first class mail to the applicant not less
than 30 days prior to demolition. All costs, including attorney fees,
associated with demolition shall be placed on the tax bill of the
property as a special assessment.
(b)
Enforcement. Any person who violates any provision of this article
shall be responsible for a municipal civil infraction. Nothing in
this article shall be construed to preclude the township from seeking
injunctive relief or any other relief as may be permitted by law or
equity to cure, preclude or abate a violation of this article.
