This chapter shall be known as the TELECOMMUNICATIONS TOWER AND EQUIPMENT CODE OF THE CITY OF ALEDO, ILLINOIS, and may be so cited and pleaded and shall be referred to herein as this chapter. (Ord. 09/2016, 6-20-2016)

The primary intent of this chapter is to regulate telecommunications towers and equipment to be located within the city of Aledo. Therefore, the purpose of this chapter shall be to:

   (A)   Comply with all federal and state regulations regarding the placement, use, and maintenance of telecommunications towers and equipment.

   (B)   Encourage the continued improvement of wireless telecommunications service in the city.

   (C)   Minimize, to the extent permitted by law, the proliferation of unsightly towers and equipment throughout the city.

   (D)   Promote both proper maintenance and renovation of telecommunications equipment.

   (E)   Encourage the use of collocation of telecommunications towers by multiple providers so as to reduce the number of towers needed within the city.

   (F)   Ensure that these regulations are compatible with the zoning regulations.

   (G)   Recognize the commercial communication requirements of all sectors of the business and residential community. (Ord. 09/2016, 6-20-2016)

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

   ANTENNA: Any structure or device not exceeding fifteen feet (15') in height which is used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes and omnidirectional antennas, such as whip antennas; provided, however, that any structure or device that functions solely to provide television service to a single residential customer, such as a satellite dish or roof mounted television antenna, shall not be considered an "antenna" for purposes of this chapter and shall not be subject to the regulations set forth in this chapter.

   COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

   TOWER: Any ground or roof mounted pole, spire, antenna, structure, or combination thereof taller than fifteen feet (15') (excepting ham radio towers used for the purpose of collecting or transmitting signals originated by amateur radio operators for noncommercial purposes) including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

   TOWER, MULTIUSER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

   TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter. (Ord. 09/2016, 6-20-2016)

All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:

   (A)   A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius of the proposed tower due to one or more of the following reasons:

      1.   The planned equipment would exceed the structural capacity of all existing or approved towers or buildings, as documented by a qualified and licensed professional engineer, and all of the existing or approved towers cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

      2.   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at a tower or building as documented by a qualified and licensed professional engineer and interference cannot be prevented at a reasonable cost.

      3.   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

      4.   Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

   (B)   Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height, or for at least one additional user if the tower is over sixty feet (60') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (Ord. 09/2016, 6-20-2016)

   (A)   Preferences: The following general preference standards apply to tower and antenna siting locations within the city:

      1.   Wherever feasible, a distributed antenna system ("DAS") is preferred to a tower.

      2.   Siting is preferred on city owned property on which towers and antennas can be unobtrusively located with due regard to visibility, aesthetic issues, traffic flow, public safety, health and welfare. Such sites may include locating on existing buildings, collocating on existing towers, screened rooftop mounts, water towers, billboards, electric substations, or other camouflaged sites, but shall not include new towers. Barring such a location's viability, siting is preferred on city owned sites in which the facility is minimally obtrusive, has a minimal impact on the surrounding area, is an appropriate distance from residential land uses, and has minimal impact on residential uses, with due regard being given to the scale of the facility and the surrounding area and the impact on the location.

      3.   Tower sites are preferred that, in comparison to alternative sites, use lesser height, greater use of repeaters and incorporate reduced tower visibility or camouflage technologies.

      4.   Preferable sitings are in the lowest possible areas of population density and where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening and have the least long range visual effect.

      5.   Unless adequate coverage and adequate capacity cannot otherwise be achieved, siting in high visual impact areas, environmentally sensitive areas, and scenic or historic areas are not preferred.

   (B)   Limitations:

      1.   No tower shall be located on R-1, R-2, or R-3 residential district property unless a licensed engineer certifies that the applicant will be prohibited from providing commercial wireless telecommunication services unless a tower is constructed in a residential zoning district. Construction, maintenance, and use of a tower or antenna is otherwise authorized as a special use for all other nonresidential property within the city.

      2.   No tower may be constructed, repaired, maintained or used on any property unless first a permit is obtained under this chapter and a special use permit is issued in compliance with this title. (Ord. 09/2016, 6-20-2016)

   (A)   Permits:

      1.   It shall be unlawful for any person, firm, or corporation to erect, construct in a place, place or re-erect, replace or repair any tower without first making application to the city and securing a permit therefor as hereinafter provided.

      2.   The applicant shall provide, at the time of application, sufficient information to indicate that construction, installation and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

      3.   Unless the applicant agrees otherwise, the city shall generally take action on a request to collocate within ninety (90) days, and within one hundred fifty (150) days for all other requests.

   (B)   Fee: The applicant shall pay a building permit fee in the amount of two hundred fifty dollars ($250.00).

   (C)   Construction Requirements: All antennas and towers erected, constructed or modified within the city and all wiring therefor, shall comply with the following requirements:

      1.   All applicable provisions of this code.

      2.   The tower shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the national building code (BOCA) and the Electronics Industry Association.

      3.   With the exception of necessary electric and telephone service connection lines, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line.

      4.   Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the national electrical code.

      5.   All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower and antenna and a structure, or between towers, shall be at least eight feet (8') above the ground at all points unless buried underground.

      6.   Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

      7.   All towers shall be constructed to conform with the requirements of the occupational safety and health administration.

      8.   Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances.

   (D)   Existing Antennas And Towers: Antennas and towers in existence as of the passage of May 9, 2016, which do not conform to or comply with this chapter, are subject to the following provisions:

      1.   Towers may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this chapter.

      2.   If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent (10%) or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored, except in full compliance with this chapter. (Ord. 09/2016, 6-20-2016)

Proposed or modified towers and antennas shall meet the following design requirements:

   (A)   Towers and antennas 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 dictated by federal or state authorities, such as the federal aviation administration. For the purpose of this subsection, camouflaging architectural treatment shall consist of disguising the applicable tower as an object which would otherwise be fully consistent with the surrounding area, such as a tree, church steeple, or building spire, as appropriate. The camouflaging shall disguise the existence of the tower, while retaining the natural or improved appearance of the surrounding area, to the maximum extent possible.

   (B)   Commercial wireless telecommunication service towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment. (Ord. 09/2016, 6-20-2016)

Towers shall conform with each of the following minimum setback requirements:

   (A)   Towers shall meet the setback requirements of buildings found in the underlying zoning district unless otherwise specified herein; provided, however, no tower shall be set back a distance less than fifty percent (50%) of its height from the top of tower to existing grade or, if the tower was originally attached to a building, to the point of attachment. (Ord. 09/2016, 6-20-2016)

Towers shall not exceed one hundred twenty five feet (125') in height from existing grade or, if attached to an existing building, one hundred fifty feet (150') less the distance from the existing grade to the point of attachment. A variation to this height requirement may be granted by the zoning board of appeals after receiving an application therefor and holding a public hearing at a regularly scheduled or special meeting. Notice of the time and place of the hearing, together with a brief description of the subject matter shall be published one time not more than thirty (30) nor less than fifteen (15) days prior to the hearing in a newspaper of general circulation in the city. A variation from the height requirement in this section shall be granted by the zoning board of appeals only if the applicant establishes by clear and convincing evidence that it will be unable to provide wireless communication services without such a variation. Under no circumstance shall a tower be erected to a height greater than that required to provide wireless communication services. (Ord. 09/2016, 6-20-2016)

Towers shall not be illuminated by artificial means and shall not display any strobe or flashing lights unless such lighting is required by the federal aviation administration or other federal or state authority for a particular tower. (Ord. 09/2016, 6-20-2016)

Reasonably sized signs displaying warning or equipment information may be placed on towers. All other signs, including signs used for advertising purposes, are prohibited. (Ord. 09/2016, 6-20-2016)

All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment. Further, such buildings shall meet minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation and/or landscaping, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding area, in which case, such nonvegetative screening shall be utilized. (Ord. 09/2016, 6-20-2016)

Abandoned or unused towers or portions of towers shall be removed as follows:

   (A)   All abandoned or unused towers and associated facilities shall be removed within six (6) months of the cessation of operations at a site unless a time extension is requested, in writing, by the person or entity owning such tower and/or facility, in which case such person or entity shall be allowed an additional six (6) months to remove the applicable tower and/or facility. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed in a timely manner as provided herein, the tower and associated facilities may be removed by the city and the cost of removal assessed against the property.

   (B)   Unused portions of towers above utilized communications or other electrical equipment 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 building permit and special use permit as applicable. (Ord. 09/2016, 6-20-2016)

No new or existing telecommunication service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new services or changes in existing service, telecommunication providers shall notify the city at least ten (10) calendar days in advance of such changes and allow the city to monitor interference levels during the testing process. (Ord. 09/2016, 6-20-2016)

Development applications for towers shall include written documentation evidencing compliance with each provision of this chapter as well as the applicable zoning regulations in addition to the following supplemental information:

   (A)   A report from a qualified and licensed professional engineer which:

      1.   Describes the tower height and design, including a cross section in elevation;

      2.   Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

      3.   Describes the tower's capacity, including the number and type of antennas that it can accommodate;

      4.   Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

      5.   Includes an engineer's stamp and registration number;

      6.   Includes other information necessary to evaluate the request.

   (B)   Architectural drawings depicting the constructed tower with camouflaging treatment set in the surrounding area. These drawings shall include at least one perspective from the north, south, east and west.

   (C)   An overhead map of the city showing the subject tower's location as well as the location of each of the applicant's existing and planned future tower sites.

   (D)   For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

   (E)   Before the issuance of a building permit, the following supplemental information shall be provided:

      1.   Proof that the proposed tower complies with regulations administered by the federal aviation administration; and

      2.   Proof that the proposed tower complies with the emission standards promulgated by the Federal Communications Commission; and

      3.   Report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforesaid structural and electrical standards. (Ord. 09/2016, 6-20-2016)

   (A)   Conflict: If any portion of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety, or other ordinance of this Code, the provision which establishes the higher standard shall prevail.

   (B)   Severability: If any section, subsection, sentence, clause or phrase of this chapter or its application to any person or circumstance is held invalid by the decision of any court or administrative tribunal of competent jurisdiction, the remainder of this chapter, or the application of the provision to other persons or circumstances is in effect and shall remain in full force and effect. (Ord. 09/2016, 6-20-2016)

Any person violating or failing to comply with any provisions of this chapter, shall, upon conviction, be fined pursuant to title 12, "Schedule Of Fines", of this Code. (Ord. 25/2017, 6-19-2017)