The purpose of this chapter is to establish a set of comprehensive regulations pertaining to the location, siting, development, design and permitting of wireless communications facilities ("WCFs") within all zoning districts established within the Village in order to: a) facilitate the development of WCF infrastructure for commercial, public and emergency use, b) encourage the collocation of WCFs, c) encourage owners, operators or users of WCFs to configure them in a manner that minimizes the adverse impacts thereof, d) enhance the ability of providers of WCF services to provide such services within the Village quickly, efficiently, and effectively, e) establish the rules and procedures for reviewing zoning applications for WCFs and f) minimize the total number of WCFs within the Village limits and consistent with the provisions of the Telecommunications Act of 1996. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

This chapter shall apply to all WCFs, whether such WCFs are established as a principal use or an accessory use unless otherwise exempted from this chapter. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

The following uses and activities are exempt from the provisions of this chapter:

   (A)   Satellite dishes forty inches (40") or less in diameter;

   (B)   Any tower or antenna owned and operated by a Federally licensed amateur radio station operator, citizen's band radio operator or for private noncommercial radio or television reception or which is used exclusively to receive and not to transmit, provided that no such exempt receive only antenna shall exceed the highest point on the nearest rooftop of any residential dwelling or structure by more than ten feet (10');

   (C)   Antennas or equipment located entirely within a structure, in existence as of the adoption of this chapter, used to enhance or facilitate communication functioning of other structures on the same site as the structure in question;

   (D)   WCFs located on property owned or leased or otherwise controlled by the Village provided that the Village has entered into a license or lease with respect thereto that has been authorized by the Board of Trustees;

   (E)   Except as otherwise hereinafter specifically provided, WCFs in existence as of the adoption of this chapter (including the routine maintenance thereof that does not materially alter the visual impact or appearance thereof) shall be exempt from this chapter, but any modifications or changes thereto shall comply fully with the requirements of this chapter;

   (F)   Any WCF used exclusively for governmental law enforcement, fire, emergency medical service or emergency management service communications; and

   (G)   The requirements of this chapter requiring certain minimum lot sizes or depths, bulk ratios or lot coverage ratios or prohibiting multiple structures on a zoning lot or tract of land shall not apply to special use permit applications made under this chapter. Notwithstanding the foregoing, no tower to be used in connection with a WCF may be located on a residentially zoned lot used for residential purposes consisting of less than two (2) acres. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

ANCILLARY BUILDING: The buildings, structures, enclosures and equipment required for the operation of a WCF, including, but not limited to, repeaters, equipment housing, relay equipment, ventilators and electrical and mechanical equipment.

ANTENNA: A system of electrical conductors that transmit or receive electromagnetic waves, or radio frequency signals, including waves or signals for radio, television, cellular, paging, personal wireless, personal telecommunications or other communications services.

COLLOCATION: The use of the same tower or structure to carry two (2) or more antennas for the provision of radio, television, cellular, paging, personal telecommunications or other communications services.

GUYED TOWER: Any tower that is supported by the use of guywires or cables that are permanently anchored to the ground.

HEIGHT: The distance measured between the ground level at the base of any WCF or component thereof and the tallest point thereon.

LATTICE TOWER: Any tower that utilizes an open framework of lateral cross members to stabilize the tower.

MAST: Any vertical element such as a tube or rod that supports an antenna.

MONOPOLE TOWER: Any tower consisting of a single upright pole designed and engineered to be self-supporting and that does not use guywires, cables or any form of lattice or lateral cross members for support or stability.

PERSONAL WIRELESS SERVICES: Communications services consisting of commercial mobile services, unlicensed wireless services, or common carrier wireless exchange access services.

STEALTH DESIGN: The process of locating and constructing a WCF (including its antennas and towers and ancillary structures) in such a manner as to camouflage, conceal or disguise the WCF or otherwise render the WCF unrecognizable as a WCF.

TOWER: Any vertical structure intended primarily for supporting any antenna or mast for use in connection with the provision of radio, television, cellular, paging, personal telecommunications or other communications services.

WIRELESS COMMUNICATION FACILITY (WCF): An unstaffed facility used for transmitting or receiving waves or signals for radio, television, cellular, paging, personal wireless, personal telecommunications or other communications services, including antennas, towers, support structures other than towers, and ancillary buildings. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

   (A)   Equipment: Mobile or immobile equipment of any kind not actively or continuously being used in the operation, maintenance, repair or upkeep of a WCF shall not be stored, parked or kept on any site where a WCF is located. Backup generators shall only be utilized during actual power outages, and for testing and maintenance purposes. Testing and maintenance of generators shall only occur on weekdays between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M.

   (B)   Lighting: No signals or lights or illumination shall be permitted on a WCF unless required by the Federal Communications Commission (FCC), the Federal Aviaton Administration (FAA), or by Village ordinances. If lighting is required, a lighting plan must also be submitted to the Village depicting the effect of light emanating therefrom on all residential dwellings located within one thousand five hundred feet (1,500') of the WCF.

   (C)   Signs: Except as otherwise required or permitted by the FCC, no WCF shall be used or serve as a sign or bear any advertising emblem or logo other than the name of the owner or operator of the WCF, its address and emergency contact information, and such signage shall not exceed four (4) square feet.

   (D)   Aesthetics:   WCFs and the component portions thereof shall comply with the following requirements:

      1.   Towers shall, subject to any applicable standards of the FAA, maintain a galvanized metal finish or shall be painted a neutral color that minimizes contrast with the surrounding environment so as to reduce visual obtrusiveness.

      2.   At a WCF site, the design of the buildings and related structures shall, to the fullest extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.

      3.   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

      4.   Any tower constructed after the adoption of this chapter shall utilize a monopole design.

   (E)   Location: The following types of locations for WCFs are listed below in order of their desirability for constructing a proposed WCF:

      1.   Collocation on an existing WCF;

      2.   On an existing structure utilizing stealth design;

      3.   On an existing structure of sufficient height not requiring the construction of a new or additional tower;

      4.   On property owned by a unit of government;

      5.   On nonresidentially zoned property;

      6.   On residentially zoned property not presently used for residential purposes;

      7.   On residentially zoned property used for residential purposes consisting of more than two (2) acres.

   (F)   Setbacks: No portion of any WCF shall be located less than thirty feet (30') from any lot line. No tower located in any zoning district shall be closer to any lot line than that distance equal to the height of the tower.

   (G)   Height: No tower constructed in any nonresidential zoning district shall exceed one hundred fifty feet (150') in height. No portion of any WCF in any residential zoning district shall exceed seventy five feet (75') in height. All future modifications of existing towers or WCFs shall comply with the foregoing requirements. No collocation or location of any WCF in or on an existing structure shall increase the height thereof by more than fifteen feet (15').

   (H)   Cessation Of Use: Upon discontinuance or cessation of use of the WCF, the facility shall be removed, first by the owner of the WCF, and secondly by the entities that may be collocated on the facility. It is to be encouraged that all contracts for lease of property for the use of a WCF contain a provision requiring the WCF owner to remove the WCF at cessation of use. If there is no viable entity with means to remove the WCF due to bankruptcy, dissolution or the like, the obligation to remove the WCF shall become that of the owner of the land upon which the WCF is located. Upon removal, efforts shall be made to restore the land used by the WCF to either its pre-WCF condition or to be compatible with the then current condition of the surrounding land. If the removal is not performed in a timely manner, the Village may remove the WCF, restore the land, and assess the cost of removal and restoration to the owner of the WCF, any collocated carriers, or the owner of the land upon which the WCF is situated. By virtue of applying for a permit for a WCF, the owner of the WCF consents to pay for all reasonable removal and restoration charges that may be incurred by the Village, but that does not eliminate the landowner's obligations if collection from the owner of the WCF is impracticable or impossible. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

   (A)   Permit Required: No WCF (or any other structure or facility intended primarily to serve or function as a component of a WCF) shall be established, constructed, maintained, altered, reconstructed or operated within the Village without first obtaining a special use permit in accordance with the applicable requirements of this chapter, and in accordance with all other applicable special use permit requirements established under this title, provided, however, that in the event of any conflict between the provisions of this chapter and the provisions of any permit for a WCF, the provisions of this chapter and the provisions of any other portion of this title concerning the application process for a special use permit for a WCF, the provisions of this chapter shall be deemed controlling. No application for a WCF special use permit shall be deemed to have been submitted to the Village unless and until all submittal requirements established by this chapter have been satisfied. Applicants are strongly encouraged to schedule a preapplication conference with Village staff to review the requirements of this chapter and to assist in facilitating the expeditious preparation and review of the application.

   (B)   Application Submittal Requirements: All applications for special use permits to establish, construct, operate or maintain a WCF within the Village shall be accompanied by the following documentation, and shall be made on such form as the Village shall adopt from time to time:

      1.   A scaled site plan clearly indicating the location, type and height of the proposed WCF, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Comprehensive Plan classification of the site and all adjoining, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this chapter.

      2.   Written "technical" evidence attesting to the fact that in order to satisfy its function in the applicant's telecommunications system or network, the proposed tower, antenna and/or related equipment must be located at the proposed site and that it cannot be installed or "collocated" on another person's tower or usable alternative support structure or building located within a one-half (1/2) mile radius of the proposed tower site.

      3.   Written "technical" evidence attesting to the fact the proposed height of the tower, antenna and/or related equipment is the minimum height necessary to fulfill its function in the applicant's telecommunications system or network.

      4.   A written statement attesting to the fact that the applicant has made diligent, but unsuccessful, efforts to obtain permission to install or "collocate" the applicant's telecommunications antenna and/or related equipment on existing towers or potentially usable alternative support structures or buildings, which are at least seventy five percent (75%) of the proposed design height of the tower, located within a one-half (1/2) mile radius of the proposed tower site.

      5.   Copies of all licenses, franchises or permits of any nature or kind required to lawfully construct and operate the proposed WCF (other than the special use permit that is the subject of the application).

      6.   Legal description of the parent tract and leased parcel (if applicable) and the zoning classification thereof. Such information shall be provided on a survey prepared by an Illinois licensed surveyor.

      7.   The setback distance between the proposed WCF and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties, as well as from all lot lines of the proposed WCF site.

      8.   An inventory of all existing WCFs in the Village or WCFs authorized and/or under construction within the Village.

      9.   The separation distance from other WCFs described in the inventory of existing sites submitted hereunder shall be shown on an updated site plan or map. Such map shall also depict the radio frequency range and coverage areas of all such existing WCFs, with an overlay indicating the radio frequency range and coverage area of the proposed WCF. The applicant shall also identify the type of construction of the existing WCFs and the owner/operator of the existing WCFs, if known.

      10.   A landscape plan showing specific landscape materials, and which demonstrates, at a minimum, full landscape screening of all ancillary buildings associated with a WCF.

      11.   Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

      12.   A description of the means by which the applicant will achieve compliance with this chapter and all applicable Federal, State or local laws.

      13.   An affidavit attesting to the ability of the tower to accommodate collocation of additional antennas for future users, and a feasibility study indicating the ability of the proposed WCF to accommodate at least two (2) additional antenna collocations in the future.

      14.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Municipality.

      15.   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new WCF.

      16.   A description of the feasible location(s) of future towers or antennas within the Village based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

      17.   An affidavit from the applicant attesting to the applicant's receipt of a copy of this chapter, and that the individual signing the application on behalf of the applicant has knowledge of the contents of the application and supporting submittals and the truth and completeness thereof. If the owner of the site where the WCF is proposed to be located is different from the applicant, the owner shall also sign a like affidavit as well as the application form.

      18.   A statement that the proposed WCF shall be maintained in accordance with the provisions of this chapter, all other applicable ordinances of the Village of Grant Park and with all applicable State and Federal laws, and consistent with the best practices of the WCF industry as the same shall evolve from time to time.

      19.   A certification that the proposed WCF will not cause interference with existing telecommunications devices or services within the Village signed by an Illinois licensed professional engineer.

      20.   A certification signed by a licensed Illinois professional engineer stating that the site of the proposed WCF has been reviewed and found to be geologically and topographically capable of supporting the proposed WCF safely. Such certification shall be provided in addition to all other engineering plans and submittals required by Village ordinance for any land development activity.

      21.   A written disclosure of the existence of any agreement in existence prior to the date of the application that would preclude or have the effect of precluding the applicant from allowing others to collocate antennas at or on its WCF.

      22.   With respect to applications involving the construction of a new WCF, a report detailing all efforts by the applicant to obtain collocation at or on an existing WCF, to obtain the use of appropriate buildings or structures within the Village as a location for antennas without the construction of any new tower, and the location and zoning classification of all other possible WCF site locations investigated by the applicant. Such report shall in particular explain the reasons for any departures from the locational preferences established in section 9-18-5 of this chapter.

      23.   A visual impact study including a depiction of all locations within the Village from which the WCF may be seen, artist's renderings of the appearance of the proposed WCF location as it exists at the time of the application and the proposed appearance of the WCF upon completion of the constructed WCF.

      24.   A written report indicating whether or not the proposed WCF or any component thereof will require lighting under any applicable FAA rule or regulation. If the report indicates that the FAA may require lighting, the applicant shall also be required to provide written documentation from the FAA detailing the specific lighting requirements applicable to the proposed WCF, and the manner in which the applicant intends to comply therewith.

      25.   A written report prepared by an Illinois licensed professional engineer analyzing the necessity of the proposed height of any tower proposed to be part of the WCF in order to render adequate service within the corporate limits of the Village, and shall further demonstrate that the proposed tower height is the minimum height capable of rendering adequate service.

      26.   The Planning Commission or Village Board may require an applicant to supplement any information that it considers inadequate or that the applicant has failed to supply. A conditional use permit may be denied on the basis that the applicant has not satisfactorily supplied the information required in this section.

         (C)   Application Review Process:

      1.   Upon receipt of a completed application for a special use permit, the Village shall schedule a hearing before its Plan Commission upon not more than thirty (30) nor less than fifteen (15) days' notice published in a newspaper of general circulation within the Village. The applicant shall, not more than thirty (30) nor less than fifteen (15) days before the date of the public hearing, post signage on the site of the proposed WCF indicating the date, time and place of the public hearing. One sign shall be posted for every five hundred feet (500') of street frontage of the proposed site, but in no event shall less than one sign be posted on the property. All such signage shall be visible from an adjacent public right-of-way. The date of such public hearing shall be not more than sixty (60) days after the date of the receipt of the completed special use permit application.

      2.   At or before the public hearing, the applicant shall provide evidence to the Village that all landowners within one thousand five hundred feet (1,500') of the proposed WCF site have been notified by certified mail, return receipt requested of the date, time and place of the public hearing not less than ten (10) days before the date of the public hearing.

      3.   At the public hearing, the Plan Commission shall take sworn testimony from all persons desiring to speak on the subject of the application. Upon request of the Village and at the expense of the applicant, the applicant shall provide a court reporter to transcribe the proceedings at the hearing and shall thereafter furnish the Village with a transcript of such hearing not more than five (5) days after the conclusion thereof.

      4.   Within fifteen (15) days from the date of the public hearing, the Plan Commission shall present its written recommendation to the Village Board for approval or denial of the special use permit application based upon the record formed at the public hearing.

      5.   Within thirty (30) days after its receipt of the written recommendation of the Plan Commission regarding the special use permit application, the Village Board shall place the special use permit application on its agenda for consideration at one or more public meetings of the Village Board. Upon request of the Village and at the expense of the applicant, the applicant shall provide a court reporter to transcribe the proceedings at the meeting(s) pertinent to the application, and shall thereafter furnish the Village with a transcript of such meeting(s) not more than five (5) days after the conclusion thereof. After such consideration, the Village Board shall render a final written decision on the application not more than sixty (60) days after its receipt of the written recommendation of the Plan Commission. Such written decision shall be based upon substantial evidence advanced at the aforesaid public hearing and public meetings. In no event shall the time between the Village's receipt of a complete application and the Village Board's rendering of a written decision on the special use permit application exceed one hundred eighty (180) days, unless otherwise consented to by the applicant.

      6.   All WCF special use permit applications shall be fully subject to the applicable professional fee reimbursement ordinances of the Village, as the same are amended from time to time.

   (D)   Application Review Standards And Criteria: The Plan Commission and Village Board shall consider the following standards and criteria in determining whether to recommend or issue a special use permit:

      1.   Proximity of the tower to residential structures and residential district boundaries;

      2.   Nature of uses of adjacent and nearby properties;

      3.   Surrounding topography;

      4.   Surrounding tree coverage and foliage;

      5.   Proposed ingress and egress;

      6.   Design of any tower to be part of the WCF, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness and design characteristics relevant to the structural safety or soundness of any such tower;

      7.   The impact of the WCF on the area within the Village reasonably affected by the WCF;

      8.   The efforts made by the applicant to investigate alternative sites for the WCF that would reduce the impact of the WCF on the surrounding area;

      9.   The efforts made by the applicant to pursue collocation or to design a WCF that does not require the construction of a new tower;

      10.   The effects of the construction of the WCF on the future development of the Village in accordance with the Comprehensive Plan;

      11.   The effect of the construction of the WCF on the provision and availability of telecommunications services within the Village; and

      12.   The effort, if any, made by the applicant to utilize stealth design in connection with the proposed WCF. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

   (A)   Applicants seeking a special use permit for a WCF may apply to the Village for a variance from the provisions of this chapter on such form as may be prescribed from time to time by the Village. Variance applicants shall be responsible to provide the Village with all submittals required in connection with a special use permit application, but one or more required submittals may be waived upon the determination that the nature of the variance being sought does not necessitate the consideration of a particular submittal. Notwithstanding the foregoing, all variance applicants shall submit a written report with the variance application detailing the necessity and rationale for the requested variance, which report shall at a minimum, refer to the variance standards and criteria hereinafter set forth.

   (B)   In the review and consideration of variance applications, the following standards and criteria shall be utilized:

      1.   Whether the variance sought will allow the applicant to employ collocation or to eliminate the necessity for the construction of a new tower;

      2.   Whether the need for the variance has been created by any act of the applicant or of the owner of the site of the proposed WCF;

      3.   Whether the conditions supporting the application for the variance are unique in some way to the applicant and not generally applicable to all parties proposing to construct or operate WCFs;

      4.   Whether the application for the variance relies exclusively or predominantly upon a desire to avoid the costs of compliance with this section or to generate additional revenue from the WCF;

      5.   Whether the application for the variance demonstrates a genuine hardship in connection with its efforts to comply with this chapter as opposed to a mere inconvenience;

      6.   Whether the granting of the variance would increase any detrimental effects of the WCF on the area surrounding the site of the proposed WCF when compared to compliance with the provisions of this chapter;

      7.   Whether and to what extent the applicant has made a good faith effort to fully comply with all of the provisions of this chapter. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the building codes adopted by the Village and all other construction standards set forth by Federal and State law. For new towers, such certification shall be submitted upon completion of construction of the tower, and every five (5) years thereafter. For existing towers, certification shall be submitted within one hundred eighty (180) days of the effective date of these regulations and then every five (5) 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/or electrical integrity of the tower is jeopardized.

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's adopted building codes and all other construction standards adopted by the Village, and all applicable Federal and State laws. The Village shall reserve 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. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)

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. Towers, telecommunications antennas and/or equipment, including wires, cables, fixtures, and other equipment shall be maintained in substantial compliance with the requirements of all Federal, State, and local regulations, and in such manner that will not interfere with the use of other property, and, 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. (Ord. 11-05-02-2, 5-2-2011; amd. Ord. O-9-17-3, 9-18-2017)