[Added 4-28-1998 by L.L. No. 3-1998[1]]
[1]
Editor's Note: This local law also repealed
former Art. XIIB, regarding microwave and satellite antennas, added
11-26-1996 by L.L. No. 16-1996.
A.
Purpose.
(1)
The purpose of this section is to establish
general guidelines for the siting of wireless communications towers
and antennas. The goals of this section are to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the community.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2)
In furtherance of these goals, the village shall
give due consideration to the village's Comprehensive Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed, so long as such approval is current and not
expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only
antennas. This section shall not apply to any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
by a federally-licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this
section, an AM array, consisting of one or more tower units and a
supporting ground system which functions as one AM broadcasting antenna,
shall be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
(5)
Television reception and satellite-reception-only
antennas. Notwithstanding any other provision of this section, antennas
extending not more than four feet in height above the building or
structure upon which they are located, and used only for reception
of television signals, and antennas used only for the purposes of
receiving satellite signal transmissions, and having a diameter of
not more than two meters when located in a business district, or not
more than one meter in diameter when located in a residential or multifamily
residential district, are not subject to regulation pursuant to this
section and do not require a building permit, provided that such antenna
is located on the roof of a principal building or within a building.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers
may be considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide to the Building Official
an inventory of its existing towers, antennas or sites approved for
towers or antennas that are either within the jurisdiction of the
village or within one mile of the border thereof, including specific
information about the location, height and design of each tower. The
Building Official may share such information with other applicants
applying for administrative approvals or special use permits under
this section or other organizations seeking to locate antennas within
the jurisdiction of the village; provided, however, that the Building
Official is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the
following requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. if lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Building Official concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied
to facilities located in the village irrespective of municipal and
county jurisdictional boundaries.
(9)
Nonessential services. Towers and antennas shall
be regulated and permitted pursuant to this section and shall not
be regulated or permitted as essential services, public utilities
or private utilities.
(10)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the village have been obtained and shall file a copy of all required
franchises with the Building Official.
(11)
Public notice. For purposes of this section,
any special use request, variance request or appeal of an administratively
approved use or special use shall require public notice to all abutting
property owners and all property owners of properties that are located
within the corresponding separation distance listed in Subsection
G(2)(e)[1][b], Table 1, in addition to any notice otherwise required
by the Village Code for such applications.
(12)
Signs. No signs shall be allowed on an antenna
or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H of this section.
(14)
Multiple antenna/tower plan. The village encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
E.
F.
Administratively approved uses.
(1)
General. The following provisions shall govern
the issuance of administrative approvals for towers and antennas:
(b)
Each applicant for administrative approval shall apply to the Building Official by providing the information set forth in Subsection G(2)(a) and (c) of this section and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the village for the costs of reviewing the application.
(d)
The Building Official shall respond to each
such application within 60 days after receiving it by either approving
or denying the application. If the Building Official fails to respond
to the applicant within said 60 days, then the application shall be
deemed to be approved.
(f)
In connection with any such administrative approval,
the Building Official may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing tower to
monopole construction.
(2)
List of administratively approved uses. The
following uses may be approved by the Building Official after conducting
an administrative review:
(a)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, in any office building or business zoning
district.
(b)
Locating antennas on lawful existing structures or towers consistent with the terms of Subsection F(2)(b)[1] and [2] below.
[1]
Antennas on existing structures.
Any antenna which is not attached to a tower may be approved by the
Building Official as an accessory use to any commercial, industrial,
professional, institutional or multifamily structure of eight or more
dwelling units, provided that:
[2]
Antennas on existing towers. An
antenna which is attached to an existing tower may be approved by
the Building Official and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, collocation of antennas
by more than one carrier on existing towers shall take precedence
over the construction of new towers, provided that such collocation
is accomplished in a manner consistent with the following:
[a]
A tower which is modified or reconstructed
to accommodate the collocation of an additional antenna shall be of
the same tower type as the existing tower, unless the Building Official
allows reconstruction as a monopole.
[b]
Height.
(c)
(Reserved)
(d)
Locating any alternative tower structure in a nonresidential zoning district that in the judgment of the Building Official is in conformity with the goals set forth in Subsection A of this section.
(e)
Installing a cable microcell network through
the use of multiple low-powered transmitters/receivers attached to
existing wireline systems, such as conventional cable or telephone
wires, or similar technology that does not require the use of towers.
G.
Special use permits.
(1)
General. The following provisions shall govern
the issuance of special use permits for towers or antennas by the
Board of Trustees.
(a)
If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(c)
In granting a special use permit, the Board
of Trustees may impose conditions to the extent that the Board of
Trustees concludes such conditions are necessary to minimize any adverse
effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(2)
Towers.
(a)
Information required. In addition to any information
required for applications for special use permits pursuant to this
chapter, applicants for a special use permit for a tower shall submit
the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Building Official to be necessary to assess compliance with this section.
[2]
Legal description of the parent
tract and leased parcel (if applicable).
[3]
The setback distance between the
proposed tower and the nearest residential unit, platted residentially
zoned properties and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific
landscape materials.
[6]
Method of fencing, finished color
and, if applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant
as to whether construction of the tower will accommodate collocation
of additional antennas for future users.
[9]
Identification of the entities
providing the backhaul network for the tower(s) described in the application
and other cellular sites owned or operated by the applicant in the
municipality.
[10]
A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[11]
A description of the feasible
location(s) of future towers or antennas within the village based
upon existing physical, engineering, technological or geographical
limitations in the event that the proposed tower is erected.
(b)
Factors considered in granting special use permits
for towers. In addition to any standards for consideration of special
use permit applications pursuant to this chapter, the Board of Trustees
shall consider the following factors in determining whether to issue
a special use permit, although the Board of Trustees may waive or
reduce the burden on the applicant of one or more of these criteria
if the Board of Trustees concludes that the goals of this section
are better served thereby:
[1]
Height of the proposed tower.
[2]
Proximity of the tower to residential
structures and residential district boundaries.
[3]
Nature of uses on adjacent and
nearby properties.
[4]
Surrounding topography.
[5]
Surrounding tree coverage and foliage.
[6]
Design of the tower, with particular
reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness.
[7]
Proposed ingress and egress.
(c)
Availability of suitable existing towers, other
structures or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the Board of Trustees that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the Board of Trustees related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[1]
No existing towers or structures
are located within the geographic area which meet the applicant's
engineering requirements.
[2]
Existing towers or structures are
not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do
not have sufficient structural strength to support the applicant's
proposed antenna and related equipment.
[4]
The applicant's proposed antenna
would cause electromagnetic interference with the antenna on the existing
towers or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
[5]
The fees, costs or contractual
provisions required by the owner in order to share an existing tower
or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed
to be unreasonable.
[6]
The applicant demonstrates that
there are other limiting factors that render existing towers and structures
unsuitable.
[7]
The applicant demonstrates that
an alternative technology that does not require the use of towers
or structures, such as a cable microcell network using multiple low-powered
transmitters/receivers attached to a wireline system, is unsuitable.
Costs of alternative technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback requirements
shall apply to all towers for which a special use permit is required;
provided, however, that the Board of Trustees may reduce the standard
setback requirements if the goals of this section would be better
served thereby.
(e)
Separation. The following separation requirements
shall apply to all towers and antennas for which a special use permit
is required; provided, however, that the Board of Trustees may reduce
the standard separation requirements if the goals of this section
would be better served thereby.
[1]
Separation from off-site uses/designated
areas.
[a]
Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided
in Table 1.
[b]
Separation requirements for towers
shall comply with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/
Designated Area
|
Separation Distance
| |
|
Single-family or two-family residential units
|
200 feet or 300% height of tower, whichever
is greater
| |
|
Vacant residentially zoned land
|
200 feet or 300% height of tower,1 whichever is greater
| |
|
Multifamily residential units
|
100 feet or 100% height of tower, whichever
is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
| |
|
Notes:
1 Separation measured
from base of tower to closest building setback line.
| ||
[c]
Separation distances between towers.
Separation distances between towers shall be applicable for and measured
between the proposed tower and preexisting towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant
to a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown in Table 2.
|
Table 2
| ||||
|---|---|---|---|---|
|
Separation Distances Between Existing
Towers and Proposed Towers
| ||||
|
Type of Tower
|
Lattice
|
Guyed
|
Monopole 75 Ft. in Height or Greater
|
Monopole Less Than 75 Ft. in Height
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 ft. in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 ft. in height
|
750
|
750
|
750
|
750
|
(f)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anti-climbing device; provided, however,
that the Board of Trustees may waive such requirements, as it deems
appropriate.
(g)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a special use
permit is required; provided, however, that the Board of Trustees
may waive such requirements if the goals of this section would be
better served thereby.
[1]
Tower facilities shall be landscaped
with a buffer of plant materials that effectively screens the view
of the tower compound from property used for residences. The standard
buffer shall consist of a landscaped strip at least four feet wide
outside the perimeter of the compound.
[2]
In locations where the visual impact
of the tower would be minimal, the landscaping requirement may be
reduced or waived.
[3]
Existing mature tree growth and
natural land forms on the site shall be preserved to the maximum extent
possible. In some cases, such as towers sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
H.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennas
shall comply with the following:
(a)
The cabinet or structure shall not contain more
than 300 square feet of gross floor area or be more than 15 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
200 square feet of gross floor area or eight feet in height, shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 15% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
(a)
In residential districts, the equipment cabinet
or structure may be located:
[1]
In a front or side yard, provided
that the cabinet or structure is no greater than 10 feet in height
or 300 square feet of gross floor area and the cabinet/structure is
located a minimum of 20 feet from all lot lines. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of
at least 48 inches and a planted height of at least 36 inches.
[2]
In a rear yard, provided that the
cabinet or structure is no greater than 15 feet in height or 300 square
feet in gross floor area. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least eight feet
and a planted height of at least 36 inches.
(b)
In commercial or industrial districts, the equipment
cabinet or structure shall be no greater than 15 feet in height or
600 square feet in gross floor area. The structure or cabinet shall
be screened by an evergreen hedge with an ultimate height of at least
eight feet and a planted height of at least 36 inches. In all other
instances, structures or cabinets shall be screened from view of all
residential properties which abut or are directly across the street
from the structure or cabinet by a solid fence eight feet in height
or an evergreen hedge with an ultimate height of at least eight feet
and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned
equipment structure shall not contain more than 600 square feet of
gross floor area or be more than 15 feet in height and shall be located
in accordance with the minimum yard requirements of the zoning district
in which located.
I.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of six months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
village notifying the owner of such abandonment. Failure to remove
an abandoned antenna or tower within said 90 days shall be grounds
to remove the tower or antenna at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
J.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that
are constructed, and antennas that are installed, in accordance with
the provisions of this section shall not be deemed to constitute the
expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers lawfully
constructed shall be allowed to continue as they presently exist.
Routine maintenance (including replacement with a new tower of like
construction and height) shall be permitted on such preexisting towers.
New construction other than routine maintenance on a preexisting tower
shall comply with the requirements of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the provisions of Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Subsection G(2)(d) and (e). The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.
