The following words and phrases used in this chapter shall have the following definitions and meanings:

ANTENNA ARRAY: One or more rods, panels, disks or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disk). The antenna array does not include the support structure.

ATTACHED WIRELESS COMMUNICATION FACILITY (ATTACHED WCF): An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

COLLOCATION/SITE SHARING: Use of a common WCF or common site by two (2) or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

EQUIPMENT FACILITY: Any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build out of an existing structure, pedestals, and other similar structures.

HEIGHT: When referring to a WCF, height shall mean the distance measured from ground level to the highest point on the WCF, including the antenna array.

SETBACK: The required distance from the property line of the parcel on which the WCF is located to the support structure.

SUPPORT STRUCTURE: A structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guywire support tower and other similar structures or towers. Any device (attachment device) which is used to attach an attached WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

TEMPORARY WIRELESS COMMUNICATION FACILITY (TEMPORARY WCF): A WCF to be placed in use for ninety (90) or fewer days.

VILLAGE: The president and board of trustees of the village of Erie.

WIRELESS COMMUNICATION FACILITY (WCF): Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure or attachment structure to achieve the necessary elevation.

WIRELESS COMMUNICATIONS: Any personal wireless services as defined in the telecommunications act of 1996, as may be amended, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. (Ord. 538, 8-14-2001)

Any person desiring to construct, install, develop, attach or otherwise connect a WCF or antenna array in the village or within one and one-half (11/2) miles of the corporate limits of the village shall complete an application in the form approved by the village and submit the completed application to the village building official and must obtain a building permit. No new support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the village that no existing support or structure can accommodate the applicant's proposed antenna array. Collocation/site sharing shall be preferred instead of construction of a new support structure. Evidence submitted to demonstrate that no existing support or structure can accommodate the applicant's proposed antenna array may consist of any of the following:

   (A)   No existing support structures are located within the geographic area required to meet applicant's engineering requirements.

   (B)   Existing support structures are not of sufficient height to meet applicant's engineering requirements.

   (C)   Existing support structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

   (D)   The applicant's proposed antenna array would cause electromagnetic interference with the antenna array on the existing support structures, or the antenna array on the existing support structures would cause interference with the applicant's proposed antenna array.

   (E)   The fees, costs, or contractual provisions required by the owner in order to share an existing support structure or to adapt an existing support structure for sharing are unreasonable. Costs exceeding new support structure development and construction are presumed to be unreasonable.

   (F)   The applicant demonstrates that there are other limiting factors that render existing support structures unsuitable. (Ord. 538, 8-14-2001)

   (A)   Permits:

      1.   It shall be unlawful for any person, firm, or corporation to erect, construct, place, reerect, replace or repair any support structure without first making application to the village 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 array and support structure will not create a safety hazard or damage to the property of other persons.

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

   (C)   Construction Requirements: All antenna array and support structures erected, constructed or modified within the village and all wiring therefor, shall comply with the following requirements:

      1.   All applicable provisions of this code.

      2.   The support structure 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 array or support structure, 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.   Support structure and associated antenna array 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 support structure and antenna array and a structure, or between support structures, shall be at least eight feet (8') above the ground at all points unless buried underground.

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

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

      8.   Antenna array and support structures shall not be erected in residential zoning districts in violation of the following restrictions:

         (a)   Notwithstanding the general provisions of this code, the required setback for an antenna array or support structure attached directly to the ground shall be equal to the height of the antenna array and support structure. Those antenna array and support structures attached to a building and whose base is not on the ground, may be constructed if set back a distance equal to the height of the support structures less the distance from the point of attachment on the building to the ground.

         (b)   No support structure shall exceed a height equal to the distance from the base of the antenna array and support structure to the nearest overhead electrical power line which serves more than one dwelling or place of business. Those antenna array and support structures originally attached to a building, and whose base is not on the ground, shall not exceed an overall height from the point of attachment to the top of support structure which is greater than the distance from the point of attachment to the nearest overhead electrical power line serving more than one dwelling or business.

         (c)   Metal support structures shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances.

         (d)   The applicant will provide a written statement from a licensed engineer certifying that the applicant will be prohibited from providing commercial wireless telecommunication services unless a support structure is constructed in a residential zoning district.

   (D)   Accommodation Of Additional Antenna Array: Any proposed commercial wireless telecommunication service support structure shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antenna array and comparable antenna array for at least two (2) additional users if the support structure is over one hundred feet (100') in height, or for at least one additional user if the support structure is over sixty feet (60') in height. Support structures must be designed to allow for future rearrangement of antenna array upon the support structure and to accept antenna array mounted at varying heights. (Ord. 538, 8-14-2001)

Proposed or modified support structure and antenna array shall meet the following design requirements:

   (A)   Support structure and antenna array 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 support structure 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 support structure, while retaining the natural or improved appearance of the surrounding area, to the maximum extent possible.

   (B)   Commercial wireless telecommunication service support structures shall be of a monopole design unless the village board determines that an alternative design would better blend into the surrounding environment. (Ord. 538, 8-14-2001)

The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antenna array, equipment, and equipment shelters. As determined feasible, and in order of preference, the sites are:

   (A)   Publicly used structures and sites, attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts,

   (B)   Collocation/site sharing on existing broadcast and relay towers or support structures,

   (C)   Industrial district sites,

   (D)   Outlying business district sites,

   (E)   Central business district site,

   (F)   Residential district sites. (Ord. 538, 8-14-2001)

For village owned properties and industrial districts, attached WCFs and support structures are allowable with approved building permit and necessary agreements. All other districts require a special use permit as provided under the village's zoning code. (Ord. 538, 8-14-2001)

Support structures 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 support structure. (Ord. 538, 8-14-2001)

Signs displaying warning or equipment information and meeting reasonable size limitations may be placed on support structures. All other signs, including signs used for advertising purposes, are prohibited. (Ord. 538, 8-14-2001)

All equipment facilities and structures accessory to a support structure 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. 538, 8-14-2001)

Abandoned or unused support structures or portions of support structures shall be removed as follows:

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

   (B)   Unused portions of antenna array above utilized communications or other electrical equipment shall be removed within six (6) months of the time of antenna array relocation. The replacement of portions of a support structure previously removed requires the issuance of a new building permit and special use permit as applicable. (Ord. 538, 8-14-2001)

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 village at least ten (10) calendar days in advance of such changes and allow the village to monitor interference levels during the testing process. (Ord. 538, 8-14-2001)

Development applications for support structures shall include written documentation evidencing compliance with each provision of this code 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 support structure height and design, including a cross section in elevation;

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

      3.   Describes the support structure's capacity, including the number and type of antenna array 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 support structure 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 village showing the subject support structure's location as well as the location of each of the applicant's existing and planned future support structure sites.

   (D)   A letter of intent committing the support structure owner and his or her successors to allow the shared use of the support structure if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (Ord. 538, 8-14-2001)

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

   (B)   Severability: If any section, subsection, sentence, clause or phrase of this code 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 code, or the application of the provision to other persons or circumstances is in effect and shall remain in full force and effect. (Ord. 538, 8-14-2001)

Violation of or failure to comply with any of the provisions of this chapter is declared to be a misdemeanor. Any person violating any provisions of this chapter, shall, upon conviction, be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation continues shall be deemed a separate offense. (Ord. 538, 8-14-2001)