Telecommunications towers, antennas, and all other facilities associated with this type of use will be regulated by the requirements contained in this chapter. The requirements of this chapter supersede any other requirements in this title. (Ord. 754, 5-15-2000)

For this chapter, the following terms and phrases shall be defined as provided in this section:

CO-USE: The location of two (2) or more telecommunications antennas and other telecommunications devices at a single, preexisting telecommunications facility.

FREESTANDING: A telecommunications facility that consists of a stand alone support structure (typically a guyed tower, self- supporting tower or a monopole), antennas and associated equipment storage shelter.

STEALTH: A telecommunications facility that incorporates antennas and other telecommunications devices upon existing buildings and/or structures, does not extend more than twenty feet (20') above the maximum existing structure height, and is appropriately painted and screened so as to harmonize with the existing building and/or structure.

TELECOMMUNICATIONS FACILITY: An unmanned facility consisting of an equipment building, shelter or cabinet, accessory equipment and an existing or new structure to support communications including, but not limited to, paging, enhanced specialized mobile radio (ESMR), personal communications services (PCS), domestic public radio telecommunications services and similar technologies. (Ord. 754, 5-15-2000)

Telecommunications facilities will be classified into the use groups for the districts given below:

   A.   Telecommunications facility, co-use: Permitted by special use in I districts.

   B.   Telecommunications facility, freestanding: Permitted by special use in I districts. The facilities are strictly prohibited from all other zoning districts.

   C.   Telecommunications facility, stealth: Permitted by special use in SR-1, MR-1, MR-2, B-1, B-2, and I districts.

   D.   Location within a nonresidentially zoned lot is preferred. (Ord. 754, 5-15-2000; amd. 2012 Code)

The following additional standards and regulations shall be applied to all telecommunications facilities:

   A.   All new telecommunications facilities greater than eighty feet (80') in height shall be constructed of sufficient strength to accommodate the co-use of at least three (3) providers.

   B.   Towers shall not exceed two hundred feet (200') in height. When considering a special use permit, the village may consider the height and the corresponding setbacks in relationship to nearby residential uses.

   C.   Structures other than the tower shall comply with the applicable setback requirements of that district. Guyed towers shall be set back at least sixty percent (60%) of the tower height. Support towers and monopoles shall be set back at least one foot (1') for each two feet (2') of height.

   D.   No part of the telecommunications facility (building or tower) should encroach onto any recorded easement without the prior written approval of the easement grantee.

   E.   Encroachment onto an existing septic field is prohibited.

   F.   Placements shall comply with applicable floodplain restrictions.

   G.   Trees in excess of three inches (3") in diameter, measured twenty four inches (24") from the base, shall be preserved when possible. Any trees meeting this size requirement and destroyed and removed must be replaced. The applicant shall file a tree removal/replacement plan.

   H.   All facilities shall be fenced. Facilities located within five hundred feet (500') of any residential district shall be enclosed with a fence at least six feet (6') high of the solid screen type. All other facilities shall be enclosed by a fence at least six feet (6') high and topped by barbed wire.

   I.   Any building that is part of the facility that is located within five hundred feet (500') of any residential district shall be designed with exterior materials and colors that are reasonably compatible with the residential character of the area.

   J.   When considering the impact upon residential areas, the residential areas of the village, adjacent subdivisions and platted subdivisions shall be considered.

   K.   Lighting shall be installed for security and safety purposes and, with the exception of FAA and FCC required lighting, shielded to prevent glare from extending substantially beyond the boundaries of the facility.

   L.   Co-use is preferred and shall be encouraged by the village. Therefore, no two (2) telecommunications facilities requiring a special use permit shall be allowed within one-half (1/2) mile of each other unless the applicant provides documentation that a co-use or a stealth facility is not possible. The village reserves the right, at the expense of the applicant, to hire a qualified independent consultant to verify any findings alleging that a co-use facility is not possible.

   M.   Applicants for a telecommunications facility must supply the administrator with five (5) copies of the site plan. These will be distributed to the appropriate departments and agencies for their review. Public safety co-use shall be provided on the tower or on the ground at no cost.

   N.   The applicant for the telecommunications facility shall be required to notify the administrator in its application of those entities contracted for co-use of the facility. Furthermore, any entity contacted for co-use after issuance of the special use permit shall be reported to the administrator for his records. The applicant shall report to the administrator any written requests received for co-use of space and the special use permit. Failure to do so within ninety (90) days of said written request shall automatically void the special use permit.

   O.   The plans for the communications facility shall be signed and sealed by a qualified licensed professional with an Illinois license or certification. A professional engineer, structural engineer or architect shall provide this license or certification.

   P.   All antennas and support structures shall meet or exceed current standards and regulations of the FAA such as FAA part 77 and advisory circular AC-70/7460-1 and FCC part 17 and any other state or federal agency with authority to regulate communications antennas, support structures or telecommunications facilities. Should such standards or regulations be amended, the owner shall bring such devices into compliance with the revised standards or regulations at such time any substantive work is done. (Ord. 754, 5-15-2000)

Any telecommunications facility that was existing on April 15, 2000, is grandfathered under these regulations. Any grandfathered structure that is modified, has any substantive work done at the facility or will be used as a co-use facility shall comply with these regulations. Grandfathered facilities shall also comply with the regulations relating to obsolete facilities. (Ord. 754, 5-15-2000)

Any telecommunications facility that is no longer in use for a communications purpose permitted under this chapter shall be removed at the owner's expense. All obsolete and abandoned telecommunications facilities shall be removed within one year of cessation of use. The owner shall notify the village within sixty (60) days that a facility is obsolete. (Ord. 754, 5-15-2000)

   A.   Bond Requirements: The applicant shall provide a bond to the village in the amount of ten thousand dollars ($10,000.00) or twenty percent (20%) of the construction costs, whichever is less. This bond shall be kept in full force during the time the telecommunications facility is in operation and for a twenty four (24) month period thereafter. The bond shall be conditioned upon: 1) full indemnity to the village should the facility become obsolete and the owner fails to remove the facility within one year of becoming obsolete; and 2) demolition of the structure in the event it falls into a state of disrepair.

   B.   Fees:

      1.   The owner of the telecommunications facility shall pay:

         a.   An application fee of five hundred dollars ($500.00).

         b.   The expenses of consultants retained on behalf of the village to review and advise the village regarding any application.

         c.   The expense of any publication required for an application.

      2.   These fees and expenses are in addition to any other penalty, fee or expense of the village that may otherwise be applicable. (Ord. 754, 5-15-2000)