The purposes of this chapter are:

   A.   To promote and protect the public health, safety and welfare by regulating personal wireless service facilities and antennas;

   B.   To ensure the provision of personal wireless services within the boundaries of, and for the benefit of the residents of, the village;

   C.   To minimize the visual impact of personal wireless service facilities, antennas, and associated buildings through design and siting standards;

   D.   To maximize the use of existing and approved facilities and buildings to accommodate multiple antennas in order to reduce the number of facilities needed to serve the village; and

   E.   To avoid damage to adjacent properties from facility failure through structural standards and setback requirements. (Ord. 570, 3-23-2006)

For purpose of this chapter, the following terms have the following meanings:

ANTENNA: A type of personal wireless service facility equipment used to provide personal wireless services, which is attached to a tower, building or other structure. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas that comply with existing regulations.

BASE TRANSCEIVER STATION: Equipment that provides the link between wireless communications and land based public telephone switching networks, including radio frequency transceivers, backup power amplifiers, and signal processing hardware, typically contained in a small building or cabinet.

COLLOCATION: The location of personal wireless service equipment from more than one provider on a common tower, building or structure.

PERSONAL WIRELESS SERVICE FACILITIES (PWSF): Facilities for the provision of personal wireless services, including, but not limited to, structures, other than a building, such as a monopole or self-supporting or guyed tower, designed and used to support communication antennas.

PERSONAL WIRELESS SERVICES (PWS): Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging and similar services.

STEALTH TOWER: A PWSF tower which appropriately models or mimics in size, shape, and color something in the immediate landscape which could legally be placed there at the time the application is submitted, such as a silo in farm settings, a flagpole in an urban area, or a tree in forested areas and which is unrecognizable to a casual observer as a tower. (Ord. 570, 3-23-2006)

No request for the construction of a PWSF will be approved unless the finding is made that the PWSF cannot reasonably be accommodated on an existing conforming collocation tower, structure, utility pole or other PWSF, inside or outside the village borders, due to one or more of the following reasons:

   A.   The proposed or planned PWS equipment, if installed, would exceed the structural capacity of any existing or approved tower, structure, utility pole, or other PWSF, as documented by a licensed structural engineer, and all existing and approved towers, structures, utility poles or other PWSF cannot be reenforced, modified or replaced to accommodate the planned PWS equipment at a reasonable cost.

   B.   The planned PWS equipment would cause interference materially impacting the usability of other existing or planned equipment at an existing or approved tower, structure, utility pole or other PWSF, as documented by a licensed professional engineer, and interference cannot be prevented at a reasonable cost.

   C.   Existing or approved towers, structures, utility poles or other PWSF cannot accommodate the planned PWS equipment at a height necessary to function reasonably, as documented by a licensed professional engineer.

   D.   The owner(s) or lessor(s) of existing or approved towers, structures, utility poles or other PWSF are unwilling to allow collocation upon their facilities at a reasonable cost.

   E.   Other unforeseen reasons make it unfeasible to locate the proposed or planned PWS equipment upon an existing or approved tower, structure, utility pole, or other PWSF, as documented by a licensed professional engineer, as appropriate. (Ord. 570, 3-23-2006)

   A.   Any PWSF to be constructed following the effective date hereof, if a tower, shall only be approved if the PWSF is either 1. a "stealth tower" or 2. a monopole tower not exceeding seventy-two (72) inches in diameter, with no external support system (e.g. guy wires).

Utility buildings, equipment sheds or structures housing a base transceiver station or related equipment shall be architecturally designed to blend in with the surrounding environment. Such utility buildings, sheds or structures shall meet the minimum setback requirements of the underlying zoning district and shall be secured with fencing and a locked gate. Further, the utility buildings, sheds or structures shall be screened from view, either by means of the security fencing or by vegetation. If screening is accomplished by means of the security fencing, the site shall incorporate landscaping elements to blend the site into the surroundings. (Ord. 570, 3-23-2006)

   A.   All obsolete, unused or abandoned PWSF, antennas or accompanying accessory utility buildings shall be removed within twelve (12) months of the cessation of operations unless a time extension is approved by the village board of trustees. The owner of the PWSF or antennas shall provide the village with a copy of any notice to the FCC of the intent to cease operations.

   B.   The owner of a PWSF, antenna or accompanying accessory utility building shall deposit cash security with the village or provide the village with a bond or an irrevocable letter of credit in an amount that will secure the cost of removing a PWSF, antenna or accessory utility building that has been abandoned or is obsolete or unused.

   A.   All applicants requesting a special use permit for the construction of a PWSF or antenna shall submit the following information:

      1.   Written findings and related information by the applicant, and by a licensed professional engineer, as appropriate, evidencing compliance with each provision of this chapter.

      2.   A description of the PWSF or antenna height and design, including a cross section in elevation.

      3.   Photographs of the proposed site, and an artist or architect sketch, concept or rendition of the site as built which demonstrates that the proposed site will be, as aesthetically as possible, in keeping with its surroundings, including elevations, landscaping, screening, appropriate camouflage, and fencing.

      4.   An estimate of the cost of removing the proposed PWSF, antennas and accessory utility buildings so as to establish the amount of the cash security or letter of credit described in subsection 9-12-6B of this chapter.

      5.   Written proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction, operation, or collapse of the PWSF, antennas and/or accessory utility buildings. In addition to the insurance required, the applicant shall agree to execute and deliver to the village an agreement in which the applicant agrees to save and hold the village, its trustees, officers, agents and employees, harmless from any and all liabilities of any kind or nature whatsoever which may arise as a result of the applicant being issued a special use permit as described herein, including, but not limited by, enumeration, reasonable attorney fees and court costs incurred by the village in defending against any such claim. In addition, the applicant shall enter into a written agreement that it will reimburse the village for all reasonable attorney fees, costs and expenses the village may incur in enforcing the requirements of this chapter. The above written documents shall be executed prior to the issuance of a special use permit.

      6.   A scaled site plan which shows property lines, public roadways, locations of the PWSF and/or antennas, setback distances, any accessory utility buildings, fencing and proposed landscaping, and all other information necessary for the village to evaluate the request in accordance with the requirements of this chapter.

   B.   The village shall charge reasonable fees to evaluate applications. Such fees shall include the following:

      1.   Application Fee: The basic application fee shall be one thousand five hundred dollars ($1,500.00).

      2.   Special Fee: The village may retain engineers or other technical consultants and/or experts as it deems necessary to properly evaluate applications for PWSF and antennas. These special fees shall be charged to the applicant and shall include, but shall not be limited to, the hourly rate of the engineer, technical consultant or expert.

      3.   Other Fees: Any other fee imposed under the provisions of this title.