The following regulations are adopted to protect the public health, safety and welfare, and to minimize visual impact, which furthers the development of enhanced telecommunication services to the Village. The regulations herein are designed to comply with the Telecommunications Act of 1996 as amended and revised, as well as all other applicable law.

All towers if permitted and built, must be operated by a federally-licensed commercial or non-profit organization. Owners of any towers shall provide copies of the commercial or non-profit organization operator’s license that are or will operate the owner’s tower to the Village Board either at the time any application is made for the construction of a new communication tower or at the time the owner enters into any agreement or lease with a licensed commercial or non-profit organization for operation of the tower.

1. "Building Permit" shall mean the required application permit as defined in Chapter 9, Section 9-102, that must, along with the Special Communications Tower Permit, be approved by the Village Board before the start of any construction.
2. "Design" shall mean the appearance of any personal wireless service facilities, including such features as their materials, colors, texture, scale, and shape.
3. "Height" shall mean the vertical distance above grade to the highest point of the antenna support structure, including the lightening rod and antenna.
4. "Modification" shall mean the changing of any portion of a personal wireless service facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design, height, number of location of antennas.
5. "Personal wireless service, personal wireless service facilities, personal wireless facilities and facilities" used in this Article shall be defined in the same manner as in Title 47, United State Code, Section 332 (c)(7)(C), as amended, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communication services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.
6. "Provider" shall mean every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over personal wireless service facilities.
7. "Site" shall mean a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, building, accessory buildings, and parking and may include other uses associated with and ancillary to personal wireless services.
8. "Special communications tower permit" shall mean a process or approval as described in section 12-705 of this Chapter, or as set forth in additional Village Ordinances and/or revisions to the Code.
9. "Tower" shall mean any structure that is designed constructed or used for the primary purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term encompasses personal wireless service facilities including microwave towers, common-carrier towers, cellular telephone towers or personal communication service towers, alternative tower structures, and the like.
10. "Collocation" shall mean the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
    

1. No person shall locate an antenna or tower for personal wireless services or alter any existing personal wireless services facility upon any lot or parcel except as provided within this Code.
2. Maintenance or repair of a personal wireless service facility and related equipment, excluding structural work or changes in height, dimensions or number of antenna, towers, or buildings, is excluded from the requirement to obtain a building permit and special communications tower permit.
3. Application for the construction of a communication tower requires the submission of an application for a building permit to the Village Board along with a special communication tower permits as set out fully below.

Any party applying to build a Communication Tower as defined herein must provide to the Village Board of Trustees along with the Building Permit a document entitled as a Special Communication Tower Permit. This permit document must include the following:

1. Name, address, and telephone number of the owner and if applicable, the lessees of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed personal wireless facility. The application shall be executed by all applicants.
2. The legal description and address of the tract of land on which the tower is to be located.
3. The names, address, and telephone number of any known contractual operators of the proposed tower. This requirement shall continue and all subsequent operators shall provide this information to the Village Clerk.
4. Written technical evidence from an engineer that the proposed tower will meet the established Building Code, and all other applicable construction standards set forth by the Village Board of Trustees, Lancaster County, Federal and State along with all ANSI standards.
5. Description and diagrams of the proposed tower, telecommunication facilities and/or antenna, manufacturers literature, appurtenance such as buildings driveways, parking areas, and fences or other security enclosures as required by this statute in significant details to allow the Village Board to understand the kind and nature of the proposed facility.
6. Proof of insurance, including liability insurance, held by any owner, operator, or company or entity that will be constructing any of the tower or personal wireless facility must be presented along with the application.
7. A report prepared by a licensed professional engineer shall contain the height, design, and proof of compliance with nationally-accepted structural standards published by the American National Standards Institute/Electronic Industry Association, Section 222-G, as may be amended hereafter, taking into consideration withstanding winds of at least 80 miles per hour, and specifying ice loads.
8. A soil report complying with the standards of ANSI/EIA 222-G (Annex I: Geotechnical Investigations for Towers), as amended hereafter, shall document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
9. Verification and determination of actual need for a tower at the proposed location, including inquiry about potential collocation opportunities at all technically feasible locations – including a copy of letters sent and responses received from the owners of the existing facilities which must be considered under this Code for collocation.
   

1. Towers shall be set-back so that the distance from the base of the tower to any adjoining property line or the supporting structure of another separate tower is a minimum of 100% of the tower height, with the exception that any industrially-zoned property with an existing tower may build another tower which shall be in as close of proximity to the existing tower as is possible under safety and national design standards.
2. Any tower facility shall be designed to be aesthetically and architecturally compatible with the building environment of the Village of Malcolm. Associated support buildings shall be designed with materials that are consistent with those in the surrounding neighborhood. Metal exteriors shall not be permitted on any support accessory buildings without the approval of the Village Board.
3. All tower facilities shall feature landscaped peripheral yards or grounds and with a minimum depth of 40 feet.
   

The Structural Standards for Steel Antenna Towers and Antenna Supporting Structures is hereby adopted, together with amendments thereto as may be made.

1. All towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).
2. All towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access.
   

The Village of Malcolm reserves the right to conduct inspection of towers, antenna support structures, telecommunications facilities and antenna, either by Village employees or agents hired by the Village to do professional engineering inspections, upon notice to the tower owner or operator to determine compliance with this Code and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public.

The towers, antenna support structures, telecommunications facilities and antennas shall be kept and maintained in good condition, order and repair by the owner and/or operator of the said personal wireless facility. Those found in violation will be subject to the penalties for nuisances as contained in Chapter 4 of the Village Code.

If any tower shall cease to be used or fail to start operation for a period of one year, the Village Board, through the Village Attorney, shall notify the tower owner that the site will be subject to a determination by the Village Board that the site has been abandoned. Said tower owner will then have thirty days (30) to make a sufficient showing that the tower has been in use or under repair during the period of the apparent abandonment.

If the tower owner has made no showing or failed to make sufficient showing of use or repair the Village Board shall issue a final determination of abandonment of the site. The tower owner shall then have ninety (90) days thereafter to dismantle and move all semblance of the tower or tower materials to prevent the site from becoming an attractive nuisance. In the event the tower owner has failed to comply with the dismantle and removal of the tower, the tower will be declared a public nuisance by the Village and the tower owner will be assessed a daily fine in an amount set by the Village Board by separate ordinance until said tower is removed. If said abandoned tower has not been removed by the tower owner within a period of 30 days after the tower has been declared a public nuisance, the Village shall hire an engineering firm of good repute who will remove the tower and dispose of the tower materials. The costs of such removal will then be assessed against the real estate on which the tower was located or the owner of record of the said real estate.