No antenna or tower shall hereafter be used, erected, changed or altered except after obtaining a special exception permit in conformity with this article.

The Board is hereby authorized to review and approve, approve with modifications or disapprove special exception permits pursuant to this article. The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower or accessory structures and the protection of the health, safety and welfare of the Village, including, but not limited to, the aesthetics thereof.

Any application for a special exception permit under this Article XIIA shall be submitted on behalf of and signed by all of the following persons or entities, all of whom shall collectively be considered the applicant for the permit:

The following shall be exempt from the provisions of this article:

All legally permitted wireless telecommunications facilities, constructed as permitted, and existing on or before the effective date of the local law enacting this provision, shall be allowed to continue as they currently exist; provided, however, that any substantial or visible modification of an existing wireless telecommunications facility will require the complete facility and any new installation to comply with this article.

A proposal for a tower shall not be approved unless the Board finds that the antenna 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:

Any proposed freestanding tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least five additional users. Freestanding towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

The applicant shall submit to the Board a letter of intent committing the applicant, and its successors in interest, to negotiate in good faith for shared use of the proposed tower by other users in the future. The issuance of a permit (assuming the tower is approved according to this article) shall commit the new tower owner and its successors in interest to:

In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, an applicant shall submit to the Board an affidavit that it has sent, by registered or certified mail, return receipt requested, at least 15 days prior to the public hearing, a notification to all of the Village Clerks of each village, the fire departments, and the water authorities within two miles of the location of the proposed tower. Such notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.

The applicant shall provide the Village with the drawings, plans and specifications relating to all other towers and antennas already located on such building or structure.

The applicant shall provide the Village with all of the contracts, leases and other agreements relating to other towers and antennas already located on such building or structure.

The applicant shall provide the Village with engineering and design studies demonstrating the effect of the proposed tower or antenna on other towers or antennas already located on such building or structure in terms of power requirements, interference, servicing and other relevant factors; how the cumulative effect of all towers and antennas to be located on said building or structure can be most effectively minimized in terms of aesthetics, safety, transmission, radiation and other relevant factors; and whether the structure or building will be able to accommodate additional towers or antennas subsequent to the tower or antenna to be installed.

The applicant shall inform the Village, in an appropriate binding manner, whether the owner of the structure or building is willing to limit the number of additional towers or antennas that may be subsequently installed on the building or structure.

Letter of intent.

In no event shall towers or antennas operated by more than four commercial service providers be located on the same building or structure.

In no event shall the total base area of all towers and accessory structures located on the roof of a building or structure, when combined with the base area of preexisting bulkheads or other authorized structures on the roof, exceed 30% of the roof area of said building or structure.

In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, an applicant to install an antenna on a building or structure shall submit to the Board an affidavit that it has sent, by registered or certified mail, return receipt requested, at least 15 days prior to the public hearing, a notification to all of the Village Clerks of each village, the fire departments, and the water authorities within two miles of the proposed location of the antenna or tower for which approval is sought. Such notification shall include the exact location of the proposed antenna or tower and a general description of the project.

The Village may reject an application not meeting the requirements set forth in this article or which is otherwise incomplete. Within 10 days of receiving an application for a small cell wireless facility, and within 30 days of receiving any other application for a wireless telecommunications facility, the Village shall notify the applicant if the application is incomplete and identify the missing information and documents. The applicant may resubmit a revised application within 10 days without additional charge, in which case the Village shall have 10 days to confirm that the application is complete, or notify the applicant that the application remains incomplete, or deny the application based on the failure to submit a complete application. Each additional resubmission by an applicant shall be treated in the same manner.

The Village shall require a license agreement for any new wireless telecommunications facility to be located in, upon, above, along, across or over municipal facilities, municipal property and/or the public right-of-way.

The Village shall require an attachment agreement for any new wireless telecommunications facility that attaches to municipal property.

The license and attachment agreements referenced above shall specify the term of the agreement; shall state that the scope of the agreement is limited to the installation, operation and maintenance of the wireless telecommunications facility; shall specify the fees to be paid; shall state that the agreement is not a warranty of the Village's title or interest in the public right-of-way; shall state that the license granted is nonexclusive; shall specify the time period within which the wireless telecommunications facility shall be constructed and installed; and shall include such other and further terms as may be necessary and appropriate, including, but not limited to, the indemnification and insurance requirements listed in this article.

The Village shall prefer locating wireless telecommunications facilities on existing towers or structures without increasing their height, as opposed to constructing new towers or structures. For this purpose, the applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within one mile of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and demonstrate conclusively why an existing tower or other suitable structure cannot be used.

An applicant for a special exception permit under this article must provide documentation to demonstrate and prove that there is a need for the proposed wireless telecommunications facility in order to provide service primarily within the Village. In the event that the facility is not needed to provide service primarily within the Village, then documentation must be provided to demonstrate why such facility cannot be located in the area which it will primarily serve. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or, if a capacity need, including an analysis of current and projected usage.

Applications for a wireless telecommunications facility shall contain the following information:

Proof of noninterference from antenna. Each application for installation of an antenna shall include either a preliminary or a certified statement that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event that only a preliminary statement is submitted with the application, a final certified statement of noninterference shall be provided, subject to the approval of the Village, prior to the issuance of a permit. The statement shall be prepared and certified by a professional engineer.

Antenna safety.

Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, and approved by the Board, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to a freestanding tower.

Uses, signs and advertising on towers.

Tower height limitations. The maximum height of a freestanding tower is limited to 50 feet above the ground upon which the antenna is placed. The ground elevation may not be raised to increase the height of the tower. The maximum height of a roof tower shall not exceed the height of any authorized preexisting structure or bulkhead on said roof.

Building requirements for freestanding towers.

Access to freestanding towers. A road and parking shall be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.

Setbacks for towers and accessory structures.

Screening and security of freestanding towers and accessory structures.

Design of antennas, towers and accessory structures. 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. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site and the aesthetics of the neighboring structures.

Other safety features.

In connection with an application for a wireless telecommunications facility, the Village may direct the applicant to hold one or more balloon tests to illustrate the visibility of the proposed installation from various locations. The specifications for the balloon tests shall be determined at a preapplication meeting.

All special exception permits approved pursuant to this article shall expire 10 years from the date of issuance unless, between 12 months and six months prior to the ten-year anniversary date of the special exception permit being issued, and all subsequent ten-year anniversaries of the issuance of the original special exception permit for wireless telecommunications facilities, the holder of a special exception permit for such facility shall submit a signed, written request to the Board for recertification.

After such review, if the Board determines that the permitted wireless telecommunications facility is in compliance with the special exception permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations currently in effect, then the Board shall issue a recertification of the special exception permit for the wireless telecommunications facility, which may include any new provisions or conditions that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facility is not in compliance with the special exception permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification of the special exception permit for the wireless telecommunications facility. The applicant for recertification shall be notified of the Board's refusal to recertify in writing. The wireless telecommunications facility shall thereafter he brought into compliance within 30 days. In the event the wireless telecommunications facility is not brought into compliance within 30 days from the date of the decision of the Board, the facility shall be subject to a new special exception permit application, which shall be promptly filed, or the structure and/or facility shall be removed by the permittee in accordance with the provisions of this article.

If, on review, the Board determines that the wireless telecommunications facility can be replaced by a facility of improved visual appearance through the use of stealth technology, the special exception permit shall be renewed on the condition that the wireless telecommunications facility shall be replaced by a wireless telecommunications facility of improved stealth technology as approved by the Board.

There shall be paid to the Village by the approved applicant an annual fee of $750 for each location within the Village at which an approved applicant maintains a roof tower or freestanding tower, which fee shall be inclusive of the fees for any antennas or related equipment located by said applicant at the same location.

With respect to an antenna or related equipment (such as repeaters) maintained by an approved applicant at a location separate from the location of a roof tower or freestanding tower, there shall be paid by the approved applicant to the Village an annual fee of $100 for each such antenna or item of related equipment.

The above-referenced fees shall be paid to the Village on or before June 1 of each year.

The Village shall not act on or consider any application for a permit or other approvals by an applicant that maintains towers, antennas or related equipment within the Village with respect to which all requisite annual fees have not been paid.

Each wireless telecommunications facility which makes use of a Village-owned pole or structure shall pay an annual fee which shall be specified in an attachment agreement with the Village, the amount of which shall be determined based on the nature of the facility and the installation.

Each wireless telecommunications facility which makes use of a Village-owned pole or structure, or of a pole or structure within the public right-of-way, shall pay a "make ready" fee, which shall be determined on a site-specific engineering basis, to pay for costs necessarily and reasonably incurred by the Village in making a particular pole or structure, or the public right-of-way, suitable for the wireless telecommunications facility, which fee shall be paid within 10 days after the Village notifies the applicant, in writing, of the amount of said fee.

Each wireless facility located in the public right-of-way shall pay an annual license fee which shall be specified in a license agreement with the Village, the amount of which shall be determined based on the nature of the facility and the installation.

The applicant for a special exception permit for a wireless telecommunications facility shall be required to pay the application fee and all other costs and deposits in connection with the application as specified in § 225-136 of this chapter. These same fees, costs and deposits shall also be required in applications for recertifications.

An applicant for a special exception permit shall pay all generally applicable nondiscriminatory fees otherwise specified in the Village Code for necessary permits such as electrical permits, street opening permits and building permits.

The fees and costs imposed by the Village in connection with applications for wireless telecommunications facilities shall not exceed amounts permitted by applicable federal and state law or regulation.

Upon the termination of the permit granted pursuant to this article, or upon the abandonment or discontinuance of use of any antennas, towers or portions of towers or associated facilities, whichever is the first to occur, such antennas, towers or portions of towers or associated facilities shall be removed as follows:

Performance bond.

Antennas and 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 article.

If such antenna or tower is hereafter damaged or destroyed due to any reason or cause whatsoever, the antenna or tower may be repaired and restored to its former use, location and physical dimensions without complying with this article; provided, however, that if the cost of repairing the antenna or tower to the former use, physical dimensions and location would be 20% 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 article. Furthermore, no such damaged or destroyed antenna may be repaired or restored without complying with this article in the absence of proof that the power requirements and radiation emission from said antenna will not exceed those of the replaced antenna.

No wireless telecommunications facilities shall be installed, constructed or modified until the complete application is reviewed and approved by the Village and a special exception permit has been issued.

Except as otherwise set forth herein, there shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues that will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit if there has not been a prior site visit for the requested site. In the event an applicant submits an application without a preapplication meeting, then, if the application is in fact complete, the requirement of a preapplication meeting may be waived. In any event, the requirement of a preapplication meeting shall not delay the commencement of any time period applicable to the consideration and review of a properly completed application.

The Village may retain consultants and experts to assist it in reviewing and evaluating applications, the construction and modifications of a site, and site inspections. The reasonable costs and fees of such consultants and experts shall be paid by the applicant as specified in § 225-104.13C of this chapter.

Hearing.

The Board shall have the right to waive and/or modify the provisions of this article to the extent reasonable and necessary if it is shown that any of the foregoing provisions of this article are not enforceable by the Village because of a federal or state preemption.

The Board shall also have the right, in its discretion, to waive and/or modify the provisions of this article to the extent reasonable and necessary in circumstances where an applicant has demonstrated by qualified experts that it cannot feasibly provide the services for which it is licensed if it is compelled to conform with the provisions of this article. In making such determination, the Board shall consider all relevant factors, including the nature of the services provided by the applicant; the nature of the waiver or modification sought; the degree of hardship to the applicant; the extent of divergence between the waiver or modification sought and the provisions of this article; costs and other financial factors; the availability of ameliorative measures; and the effect of the waiver or modification on the health, welfare, and safety of the Village and its residents, including aesthetic concerns.

An applicant desiring relief, waiver or exemption from any aspect or requirement of this article may request such, provided that the relief or exemption is contained in the submitted application or, in the case of an existing or previously granted special permit, a request for modification. Such relief may be temporary or permanent, partial or complete. The burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove.

The applicant shall bear all costs of the Village in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant effect on the health, safety and welfare of the Village, its residents and service providers.

All holders of a special exception permit for a wireless telecommunications facility under this article shall secure, and maintain in effect for the duration of the special exception permit, insurance coverage of the following kinds and amounts:

The commercial general liability insurance policy shall specifically include the Board, the Village and its officers, boards, employees, committee members, attorneys, agents and consultants as additional insureds.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A."

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Village with at least 30 days' prior written notice in advance of the cancellation or material modification of the policy.

Renewal or replacement policies or certificates shall be delivered to the Village at least 15 days before the expiration of the insurance that such policies are to renew or replace.

Before construction of permitted wireless telecommunications facilities is initiated, but in no case later than 15 days after the granting of the special exception permit, the holder of the special exception permit shall deliver to the Village a copy of each of the policies or certificates representing the insurance in the required amounts.

In the event of a violation of this article, or of the provisions of any special exception permit issued pursuant to this article, the Village may impose and collect, and the holder of the special exception permit for wireless telecommunications facilities shall pay to the Village, fines or penalties as set forth in Article XX of Chapter 225 of the Village Code.

The failure of the holder of a special exception permit to comply with provisions of this article or with the provisions of the special exception permit shall constitute a violation and shall subject the applicant to the sanctions, penalties and procedures set forth in Article XX of Chapter 225 of the Village Code.

Notwithstanding anything in this article, the holder of the special exception permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this article or any section of this article. An attempt to do so shall subject the holder of the special exception permit to termination and revocation of the special exception permit. The Village may also seek injunctive relief to prevent the continued violation of this article, without limiting other remedies available to the Village.

Where feasible, as new technology becomes available, the holder of a special exception permit for a small cell wireless facility shall replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals from the Village.

All small cell wireless facilities shall have an adequate fall zone to minimize the possibility of damage or injury resulting from pole collapse or failure, ice fall or debris fall, and to avoid and minimize all other impacts on neighboring properties.

The applicant for a special exception permit shall make every effort to locate small cell wireless facilities as far as possible from any permanent dwelling located in a residential zoning district.

No small cell wireless facility will be allowed on the Village's Central Park Sentry Street poles or on any historic structures.

With respect to any single or co-located small cell wireless facility that is connected to a utility pole, light pole, decorative pole or telephone pole:

No wireless telecommunications facility located in the public right-of-way shall interfere with the use of the public right-of-way by the Village, by the general public or by other persons authorized to use or be present in or upon the public right-of-way.

No wireless telecommunications facility located in the public right-of-way shall exceed the height of any preexisting pole, tower or other structure in the public right-of-way within 250 feet of the wireless telecommunications facility.

A wireless telecommunications facility located in the public right-of-way shall not interfere with existing facilities or structures in the public right-of-way and shall be located in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts the public right-of-way.

Unless otherwise required by applicable law, whenever any existing electric utilities or other communications facilities within a public right-of-way are located underground, a wireless telecommunications facility authorized to occupy the same portion of the public right-of-way shall be required, at its own expense, to be located underground, to the extent possible. For wireless telecommunications facilities, or components thereof, that by their nature cannot operate unless located above ground, the Village Board may authorize a suitable location for such facilities or components, which may be outside the public right-of-way.

Installation of a wireless telecommunications facility in the public right-of-way shall comply with all traffic and safety control measures specified by the Village Commissioner of Public Services to protect, warn and guide the public (vehicular and pedestrian) through the work zone, including, but not limited to: the erection of barriers around the perimeter of any excavation; the provision of traffic control lights, signs and devices; and the utilization of traffic and signal control personnel.

To the extent that the holder of a special exception permit for wireless telecommunications facilities has not received relief, or is not otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special exception permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting and security, are changed and/or are modified during the duration of a special exception permit for wireless telecommunications facilities, then the holder of such a special exception permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

Where this article differs or conflicts with other applicable laws, rules or regulations, this article shall apply, unless it is preempted or prohibited by binding applicable state or federal law or regulation, and then only to the extent of such exemption or prohibition.

This article is not intended to, nor shall it be interpreted or applied to: