Measurement of tower height for the purpose of determining compliance with all requirements of this local law shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than twenty (20) feet over the top of the tower structure itself. Tower height shall be measured from grade.

Towers shall not be artificially lighted except as required by the Federal Aviation Administration or other federal or state authority for a particular tower. Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the Federal Aviation Administration.

Antennas, towers and accessory structure shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is indicated by federal or state authorities such as the Federal Aviation Administration. Every antenna, tower and accessory structures shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure, provided however, that directional or panel antenna and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.

All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The Village may require landscaping in excess of the requirements in the Village Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any accessory structure shall be landscaped. Towers and accessory structures shall be provided with security fencing to prevent unauthorized entry.

A.parcel of land upon which a tower is located must provide access to at least one (1) paved vehicular parking space on site. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.

All towers shall be of stealth design.

Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least fifty (50) feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Board of Trustees, establish the following at the time plans are submitted for a special use permit.

A. That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than twenty (20) feet;

B. That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the Village. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than eighteen (18) inches from the side of such an antenna support structure.

A. A tower existing prior to the effective date of this local law, which was in compliance with the village's Code immediately prior to the effective date of this local law, may continue in existence as a nonconforming structure. Such non-conforming structure may be modified or demolished and rebuilt without complying with any of the additional requirements of this local law, except for Sections 31.10, "Separation or Buffer Requirements", 31.19, "Certification and Inspections", and 31.20, "Maintenance", provided:

(1) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size, and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.

(2) An application for a special use permit is made to the Board of Trustees which shall have the authority to issue a special use permit without further approval. The grant of a special use permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.

(3) The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this local law.

B. Except as provided in this local law, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This local law shall not be interpreted to legalize any structure or use existing at the time this local law is adopted which structure or use is in violation of the Village Code prior to enactment of this local law.

A. All towers , shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopoly towers, such certification shall be submitted with an application pursuant to Section 31.4 of this local law and every five (5) years thereafter. For existing monopole towers, certification shall be submitted within sixty (60) days of the effective date of this local law and then every two (2) years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

B. The Village or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Village Code and all other construction standards provided by the Village Code and federal and state law.

C. The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the Village shall be borne by the tower owner.

A. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

B. Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

C. All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

D. All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel.

E. All towers shall maintain compliance with current RF emission standards of the FCC.

F. In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued.

A. Notwithstanding the tower requirements provided in this local law, a modification to the requirements may be approved by the Board of Trustees as a conditional use in accordance with the following.

(1) In addition to the requirement for a tower application, the application for modification shall include the following:

(a) description of how the plan addresses any adverse impact that might occur as a result of approving the modification.

(b) A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.

(c) A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modification and its relationship to surrounding rights-of-way and properties.

(d) For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts.

(e) The Board of Trustees may require the application to be reviewed by an independent engineer under contract to the Village to determine whether the antenna study supports the basis for the modification requested. The costs of the review by the Village's engineer shall be reimbursed to the Village by the applicant.

(2) The Board of Trustees shall consider the application for modification based on the following criteria:

(a) That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.

(b) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

(c) In addition, the Board of Trustees may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification.

B. In addition to the requirements of subparagraph (A) of this Section, in the following cases, the applicant must also demonstrate, with written evidence, the following:

(1) In the case of a requested modification to the setback requirements, Section 31.8, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.

(2) In the case of a requested modification to the separation and buffer requirements from other towers of Section 31.10, that the proposed site is zoned "Industrial" or "Heavy Industrial" and the proposed site is at least the double minimum standard for separation from residentially zoned lands as provided for in Section 31.10.

(3) In the case of a requested modification of the separation and buffer requirements from residentially zoned land of Section 31.10, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.

(4) In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to: i) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written technical evidence from an engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.

A. If any tower shall cease to be used for a period of 365 consecutive days, the Board of Trustees shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Board of Trustees that such site has been abandoned. The owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the Board of Trustees shall issue a final determination' of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within seventy-five (75) days, dismantle and remove the tower.

B. In the event a tower is not removed within the relevant time period, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the owner.

C. Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.

If any clause, section, or other part of this local law shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this local law shall not be affected thereby, but shall remain in full force and effect.

All local laws or parts of local laws in conflict herewith are hereby repealed.

The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

The operator of every tower, antenna and accessory structure shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such tower, antenna and accessory structure and shall maintain. such licenses and permits and provide evidence of renewal or extension thereof when granted.

Every special use permit granting approval of an antenna, tower or accessory structure shall state that any assignment or transfer of the special use permit or of any rights thereunder may be made only with the approval of the Village.

The special use permit shall be subject to review by the Board of Trustees at five (5) year intervals to determine the following:

A. whether the -technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified; and

B. whether the special use permit should be modified or terminated as a result of any such change.

This local law shall become effective immediately upon filing with the Secretary of State.

HISTORICAL NOTE

This Chapter was adopted by Local Law #27 of the year 2000 on May 17, 2000.