The purpose of this Chapter is to provide specific regulations for the placement, construction and modification of personal wireless telecommunications facilities. (Ord. 709, 10-5-1999)

For the purpose of this Chapter, the following words shall have the meanings as ascribed to them in this Section:

   ANTENNA: The surface from which wireless radio signals are sent and received by a personal wireless service facility. Antenna should not be used as a synonym for cell site.

   CARRIER: A company that provides wireless services.

   COLLOCATION: The use of a single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building or antenna by more than one carrier.

   CORPORATE AUTHORITIES: The Village President and Board of Trustees of the Village of Manhattan.

   LICENSED CARRIER: A company authorized by the Federal Communications Commission (FCC) to construct and operate a commercial mobile radio services system.

   MOUNT: The structure or surface upon which antennas are mounted. There are four (4) types of mounts: a) roof mount – mounted on the roof of a building; b) side mount – mounted on the side of a building; c) ground mount – mounted on the ground (freestanding); d) structure mount – mounted on a structure other than a building.

   PERSONAL WIRELESS SERVICE FACILITY: A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996, as may have been or may be amended. A personal wireless service facility is the appropriate term for cell site in ordinances and other official documents.

   PERSONAL WIRELESS SERVICES: The commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services.

   TELECOMMUNICATIONS: Any transmission, emission, or reception of signs, signals, writing, images, and sounds or information of any nature by wire, radio, visual, or the electromagnetic system. (Ord. 709, 10-5-1999)

   A.   Permitted Locations:

      1.   Subject to site plan approval, personal wireless service facilities shall be permitted in all zoning districts only if located on Village-owned property pursuant to an executed agreement with the corporate authorities and further provided that such facilities are so designed as to allow and encourage collocation by other users.

      2.   Subject to site plan approval, personal wireless service facilities shall be a permitted use within the I-2 or I-3 Zoning Districts. Antennas mounted in connection with buildings or other structures shall not extend to a height greater than twenty feet (20') higher than the height of the building to which the personal wireless service facility is attached.

      3.   Subject to site plan approval, personal wireless service facilities shall be a permitted use if installed upon existing churches if camouflaged as steeples or bell towers.

   B.   Special Uses:

      1.   Subject to site plan approval, personal wireless service facilities shall be permitted as a special use, if the personal wireless service facility complies with the standards for a special use established in Section 4-12-5 of the zoning code, in the C-1, C-2, C-3, CBD and I-1 Zoning Districts, if the personal wireless service facility complies with the standards for a special use established in Section 4-12-5 of the zoning code and the provisions of this Chapter. Antennas mounted in connection with buildings or other structures shall not extend to a height greater than ten percent (10%) or twenty feet (20'), whichever is less, of the building to which the personal wireless service facility is attached.

      2.   In considering a request for approval of a special use or variation to permit the installation of a personal wireless service facility or facilities as described in this Chapter, the Zoning Board of Appeals, or the Board of Trustees, as the case may be, shall, in addition to the standards for review set forth herein, also give due consideration and weight to whether the plans submitted will provide for collocation of other personal wireless service equipment on the same structure, so as to minimize the proliferation of antenna- supporting structures. (Ord. 709, 10-5-1999)

Prior to the erection or mounting of a personal wireless service facility or facilities, the owner shall obtain a permit. A permit shall not be granted until such time as the Building Commissioner or his designee has verified the personal wireless service facility has complied with all building codes and all local, State and Federal regulations and the provisions of this Chapter as provided for herein, has an approved site plan and paid the required permit fees. Permit fees for each personal wireless service facility shall be sufficient to cover all of the Village's costs for plan review and inspections plus ten percent (10%). Permit fees shall be calculated by the Building Commissioner or his designee and shall be final. (Ord. 709, 10-5-1999)

   A.   Mount:

      1.   Personal wireless service facilities may be ground-mounted (freestanding), roof-mounted, side-mounted, or structure- mounted. Water towers are to be considered roof-mounted and antennas shall not extend more than twenty feet (20') in height when mounted to a water tower.

      2.   Roof-, side- and structure-mounted facilities shall match or blend with the building to which they are attached and shall not be visible to the casual observer.

   B.   Construction Requirements:

      1.   Personal wireless service facilities shall be designed in accordance with the building code of the Village, as may be amended from time to time, and all State and Federal regulations. Notwithstanding the foregoing, antenna towers shall be constructed with at least one release point so as to bend and fold over on themselves.

      2.   Personal wireless service facilities shall be fully automated.

      3.   All utility buildings and structures constituting or accessory to a personal wireless service facility shall be architecturally designed to blend in with the surrounding environment and be compatible with neighboring buildings, and shall be subject to the approval of the Building Commissioner or his designee, said approval shall not be unreasonably withheld. Support structures and antennas shall have a noncontrasting blue, gray or similar color that minimizes their visibility and is compatible with the surrounding landscape.

      4.   Guyed or lattice towers shall be prohibited.

      5.   The maximum height for a single antenna tower shall be one hundred twenty five feet (125').

   C.   Location Requirements:

      1.   All utility buildings and structures constituting or accessory to a personal wireless service facility must meet the minimum setback requirements of the underlying zoning district and be a minimum of five hundred feet (500') from any residential district.

      2.   Antenna towers must be separated by a minimum of two thousand (2,000) lineal feet.

   D.   Screening:

      1.   A combination of landscaping, berming, fencing or other screening materials shall be utilized to maintain or enhance the existing character of the surrounding area, and shall be subject to the approval of the Building Commissioner or his designee, said approval shall not be unreasonably withheld. Ground-mounted personal wireless service facilities shall have a one hundred percent (100%) complete screening when visible from residential and public rights of way. (Ord. 709, 10-5-1999)

An application for a permit to construct or locate a personal wireless service facility shall include the following information:

   A.   A report from a qualified and licensed professional engineer which:

      1.   Describes the tower height and design, including a cross section and elevation;

      2.   Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

      3.   Describes the tower's capacity, including the number and types of antennas that it can accommodate;

      4.   Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

      5.   Includes site and landscape screening plans drawn to scale;

      6.   Demonstrates the tower's compliance with Federal structural and electrical standards;

      7.   Includes an engineer's stamp and registration number; and

      8.   Includes any other information required by the Village to evaluate the request.

   B.   Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration.

   C.   Proof of ownership of the proposed site or authorization to utilize it. If leased, a copy of the lease, which shall specify maintenance responsibilities. Collocation leases shall renew or expire on the same date so a facility or tower may be dismantled and removed in accordance with the provisions herein.

   D.   A letter of intent committing the tower owner and successors to allow the shared use of the same if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

   E.   Ambient, predictive, and cumulative measurements of radio frequency radiation emissions for the site, in order to establish a preoperational baseline for future analysis.

   F.   A copy of the intermodulation interference report submitted to the FCC.

   G.   A map to scale showing the lot lines, land uses, and tree coverage, including average tree height, for all properties within three hundred feet (300') of the proposed site.

   H.   A map showing the existing personal wireless service facilities within the Village and one and one-half (11/2) miles outside the Village limits.

Following receipt of the application, the Building Commissioner or his designee shall determine whether the application meets the standards set forth in this Chapter or a special use permit is required. In the course of reviewing any request for an approval required under this Chapter made by the applicant to provide personal wireless service or to install personal wireless service facilities, the Building Commissioner, Zoning Board of Appeals or the Board of Trustees, as the case may be, shall act within a reasonable period of time after the request is duly filed with the Village, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. Should the application of this Chapter have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the Village, such provider may petition the Board of Trustees for an amendment to this Chapter, in the manner provided in Section 4-12-6 of the zoning code. The Board of Trustees, upon receipt of such a petition, shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable period of time, following the holding of any public hearings as may be required, taking into account the nature and scope of the petition, and any reason to deny such a petition shall be in writing and supported by evidence contained in the written record. (Ord. 709, 10-5-1999)

The Village strongly encourages collocation of personal wireless service facilities in order to minimize the proliferation of antenna-supporting structures. The Village may grant access to Municipal property (water tower, rights of way, etc.) and/or lower permit fees to applicants locating as a second or more user on a single tower or other location. In order to be eligible for a separate personal wireless service facility, the applicant shall:

   A.   Supply documentation showing the proposed antenna cannot be accommodated on an existing or permitted tower or building within a quarter mile of the proposed tower due to one or more of the following reasons:

      1.   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;

      2.   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;

      3.   Existing or approved towers and buildings within a quarter mile cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer; or

      4.   Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

   B.   Any proposed commercial wireless telecommunication service facility shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antenna(s) and compatible antenna(s) for at least two (2) additional antennas if the tower is over eighty feet (80') in height or for at least three (3) additional antennas if the tower is over one hundred feet (100') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (Ord. 709, 10-5-1999)

The use of any portion of a personal wireless service facility tower for signs other than warning or equipment information is prohibited. Signs used for warnings or equipment information shall be no larger than as are required by FCC regulations. (Ord. 709, 10-5-1999)

All personal wireless service facilities must maintain compliance with the approved plans and specifications. If the personal wireless service facility becomes noncompliant with the approved plans and specifications due to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage or general disrepair, or failure to maintain the required landscaping, berming and/or screening; then the owners of the personal wireless service facility and the owner of the building or lot on which the personal wireless service facility is located will be jointly and severally responsible for remedying the specific nonconformities. These nonconformities must be remedied within forty five (45) days after written notice, detailing these nonconformities, is sent by the Village to the owner of the personal wireless service facility and the owner of the building or lot. Failure to remedy all of the cited nonconformities, within the forty five (45) day time period, shall be punishable by a fine not exceeding five hundred dollars ($500.00) per day that the violation continues. (Ord. 709, 10-5-1999)

Abandoned or unused facilities, towers, or portions of towers shall be removed as follows:

   A.   Facilities which cease operations shall notify the FCC and Village within ten (10) days of ceasing operations. Such facilities shall be removed within three (3) months of notifying the FCC and Village of intent to cease operations at the site unless a time extension is approved by the corporate authorities. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower and associated facilities is not removed within three (3) months of the cessation of operations at a site, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property.

   B.   Unused portions of towers above a manufactured connection shall be removed within two (2) months of the time of antenna relocation. The replacement of portions of a tower previously removed shall require the issuance of a new permit following review and approval by the Village in accordance with the provisions herein. (Ord. 709, 10-5-1999)

Existing personal wireless service facilities located within the corporate limits of the Village at the time of the adoption of this Chapter, which currently are the properties located at 100 Park Road and 100 Elwood/Brown Road, shall be exempt from the provisions of this Chapter until such time they cease operations in accordance with the provisions herein or the existing personal wireless service facility is modified to conform with the provisions of this Chapter. (Ord. 709, 10-5-1999)