(a)   “Antenna” means the specific device the surface of which is used to capture an incoming and/or to transmit an outgoing radio frequency signal. Includes the following types:

   (b)   “Co-location” means the use of a single support structure and/or site by more than one wireless communications provider.

   (c)   “Equipment enclosure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals.

   (d)   “Personal wireless service” means a broad range of spectrum-based services including commercial mobile services such as personal communications services (PCS), cellular radio mobile services and paging services.

   (e)   “Substantial expansion” means an increase in the size of an existing facility by twenty-five percent (25%) or more, of the height or width of tower and/or equipment enclosure or a twenty-five percent (25%) or more increase in the footprint of the existing site's ancillary structures (i.e., fencing, etc.)

   (f)   “Support structure” means the structure to which antenna and other necessary associated hardware is mounted. Support structures include, but are not limited to, the following:

   (g)   “Telecommunications” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

   (h)   “Wireless communications facility” means an unstaffed facility for the transmission and reception of radio or microwave signals used for communications. It includes the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

(Ord. 98-37. Passed 6-2-98.)

   New wireless communications facilities may be located only on non-residentially used properties in the following areas: municipal/government, schools, and/or public parks. Additionally, wireless communication facilities may be located inside/attached to existing electric high tension towers.

   These facilities shall be subject to the Regulations set forth in this chapter and the regulations of the particular zoning district in which the facility is proposed to be located, but only to the extent such regulations do not conflict with the regulations set forth in this chapter.

   Wireless communication providers are expected to co-locate facilities. In the event a new structure is necessary, providers are expected to site the facilities in locations which are substantially sheltered from view. Facilities requiring construction of a support structure should be located on a site that is effectively isolated from view by structures or terrain features, or the structure should be made to appear as an architectural element such as a flag pole or light fixture. The location of the facility shall comply with all natural resource protection standards, including those for floodplain wetlands, and steep slopes.

(Ord. 98-37. Passed 6-2-98.)

   (a)   Applications are to be filed first with the Village Zoning Office for its review, after which they shall be forwarded to the Planning and Zoning Commission for its review of the proposed wireless communication antenna and/or tower site(s). This review shall be conducted at a regularly scheduled meeting of the Planning and Zoning Commission after the applicant's submission of a site plan showing the location, type of structure and height being proposed, and surrounding land uses. The applicant shall provide:

   (b)   Approval for construction of new telecommunication facilities or expansion of existing facilities by the Planning and Zoning Commission shall become effective only following review and public hearing by Village Council. A copy of the approval of the Planning and Zoning Commission shall be filed with the Fiscal Officer by the Clerk of the Planning and Zoning Commission. If, within the thirty day period next succeeding such filing, Council, by a majority vote, disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued. Otherwise, it, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the thirty day period. However, should Council approve the action of the Commission within the thirty day period, the permit becomes in full force and effect from the date of the approval. Any decision to deny a permit to place, construct, or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of Council. A time limit of one year shall be included in the permit for commencement of construction.

   (c)   Fees for the construction of new facilities or substantial expansion of existing facilities shall be as follows:

         (Ord. 98-37. Passed 6-2-98.)

   (a)   Applicants for co-location on existing facilities are to appear before the Planning and Zoning Commission after submission of a plan detailing the co-location. The applicant shall provide:

   (b)   The requirement for review and public hearing by Village Council may be waived upon notification of Council by the Planning and Zoning Commission that the co- location or existing facilities does not require the construction of a new tower or associated facilities, and the applicant's proposal will have no significant impact on the existing appearance of the facility.

   (c)   Fees for the co-location on existing facilities, or minimal expansion of existing facilities shall be as follows:

         (Ord. 98-37. Passed 6-2-98.)

   Wireless communication monopole tower constructed up to, but not including, 200 feet in height above the finished grade, unless a lesser height is technically feasible to service the geographical service area of the applicant and potential co-locators.

   All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the finished grade. Such structure shall be designed to have sufficient structural capacity for the Village to allow for at least three providers to be located on the structure when constructed to the maximum allowable height. The wireless communication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment building large enough to accommodate at least three users. If an equipment building is initially constructed to accommodate only one user, space shall be reserved on site for equipment building expansions to accommodate at least three users. The maximum size of above-ground equipment buildings is 300 square feet for one provider and no more than 750 square feet in total.

   Towers and antennas shall be designed in accordance with the Ohio Basic Building Code for winds and design loads.

(Ord. 98-37. Passed 6-2-98.)

   (a)   Free-standing telecommunications facilities (i.e., those not located on or in existing electric high tension towers) shall conform to the following site development standards:

   (b)   Equipment enclosures shall be placed underground, or partially underground, unless site conditions do not permit such construction.

   The maximum size of equipment buildings is 300 square feet for one provider and no more than 750 square feet in total. If there are multiple users, the equipment must be sheltered in a single building, unless the applicant can show a technical necessity for a separate building; in which case multiple buildings must appear to be a single building.

   (c)   Fencing shall be constructed for both aesthetic and public safety reasons. Fencing shall be at least six feet in height, but no more than eight feet. Barbed wire at the top of the fence may be permitted upon approval of the Village Planning Commission. The type of fence must meet the approval of the Planning and Zoning Commission.

   (d)   Existing vegetation shall be preserved to the maximum extent possible. A buffer area of not less than ten feet in depth shall be placed between the facility and the public right- of-way, and any adjacent residential uses. This buffer shall be landscaped with hardy evergreen shrubbery or trees in a tight configuration at least six feet in height, so as to screen the facility. The landscaping shall be maintained and promptly restored when necessary by the owner of the tower.

(Ord. 98-37. Passed 6-2-98.)

   A permittee shall cooperate with other providers in co-locating additional antennas on support structures. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use. Such good faith shall include sharing technical information to evaluate the feasibility of co-location. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.

(Ord. 98-37. Passed 6-2-98.)

   (a)   "No Trespassing" signs shall be posted around the facility with a telephone number of a contact in case of emergency.

   (b)   The owner or operator of the facility shall agree to remove a non-functioning facility within six months of ceasing its use. The owner of the antenna and/or tower shall annually file a declaration with the Village as to the continuing operation of every facility installed by the owner and shall consent to an inspection of the facility upon request of the Village Engineer.

   (c)   The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Village Solicitor of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless communication tower which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna and/or tower shall be removed within six months of cessation of use and abandonment. Any co-locator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower.

   (d)   Outdoor storage of any supplies, vehicles, or equipment related to the use of the facility is prohibited, except during initial construction or to supply emergency power in the event of a power outage.

   (e)   Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted only with prior approval of the Planning and Zoning Commission.

   (f)   No advertising shall be permitted on the facility.

   (g)    There shall be a separation of at least one-half mile between new wireless communication towers. The Planning and Zoning Commission may waive this requirement with the approval of the Village Council for the purposes of clustering of towers within electric high-tension towers right-of-way.

   (h)   Vehicular access to the equipment and facility shall be integrated with existing parking and drives to the extent feasible, taking into consideration existing traffic flow and safety.

   (i)   If an access road is developed exclusively for the facility, a locking gate shall be installed to prevent unauthorized use of the access road.

   (j)   The wireless telecommunications facility shall be fully automated and unstaffed except for periodic and necessary maintenance (except in the event of an emergency or during construction).

   (k)   Construction activity shall comply with Section 511.03(b) of the Codified Ordinances to minimize the impact of construction noise on nearby residents.

   (l)   The owner/operator shall provide the Village with information identifying procedures and contacts in the event of an emergency.

(Ord. 98-37. Passed 6-2-98.)