As used in this Chapter, the following terms shall have the meanings indicated:

ALTERNATIVE TOWER STRUCTURE: Natural or manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA: Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

APPLICANT: The person who applies for a permit for an installation.

CTC: The Communication Tower Committee, which shall consist of the Village President and chairman of zoning and plat committee of the Village Board, or such other persons as are so designated from time to time by the Village Board.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

HEIGHT: When referring to a tower or other structure, the distance measured from ground level to the highest point on the antenna, tower or other structure.

INSTALLATION: The combination of antenna, tower, support building, and related structures and improvements which collectively permit the reception and retransmission of telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

PERMITTEE: The person who receives a permit for an installation.

PERSON: Means and includes any individual, corporation, partnership, association, or any other legal entity.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

VILLAGE: The Village of Wadsworth. (Ord. 98-494, 2-17-1998)

   A.   District Height Limitations: The requirements set forth in this Chapter shall govern the location of towers that exceed, and antennas that are installed at, a height in excess of the height limitations specified for each zoning district.

   B.   Public Property: Antennas or towers located on property owned, leased, or otherwise controlled by the Village shall be exempt from the requirements of this Chapter, provided a license or lease authorizing such antenna or tower has been approved by the Village.

   C.   Amateur Radio Antennas: This Chapter shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally licensed amateur radio station operator for that purpose only. (Ord. 98-494, 2-17-1998)

   A.   Purpose; Goals:

      1.   The purpose of this Chapter is to establish general guidelines for the siting of towers and antennas.

      2.   The goals of this Chapter are to:

         a.   Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

         b.   Encourage strongly the joint use of new and existing tower sites;

         c.   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

         d.   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

         e.   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

   B.   Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot or parcel shall not preclude the installation of an antenna or tower on such lot or parcel. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot or parcel shall control, even though the antennas or towers may be located on leased parcels within such lots or parcels. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

   C.   Inventory Of Existing Sites: Each applicant for an antenna and or tower shall provide to the Village an inventory of its existing towers that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Village may share such information with other applicants applying for permits under this Chapter or other organizations seeking to locate antennas within the Village, provided, however, that the Village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

   D.   Aesthetics: The guidelines set forth in this Section shall govern the location of all towers, and the installation of all antennas, governed by this Chapter; provided, however, that the Village may waive these requirements to the extent necessary if it determines that the goals of this Chapter are better served thereby.

      1.   Finish: Towers shall have a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

      2.   Design: At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and existing structures.

      3.   Supporting Structure: 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.   Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Village shall review the available lighting alternatives and approve the design that would cause the least visual disturbance. No illumination system may be utilized to illuminate the support building or the balance of the installation, except as explicitly required by Federal law.

   E.   Federal Requirements: All installations must comply with the National Environmental Policy Act of 1969, all other applicable Federal and State laws and regulations, as well as the standards contained in the Wadsworth Building Code 1 and must specifically meet or exceed current standards and regulations of the FAA, the FCC, and any other applicable Federal or State regulations. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

   F.   Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with the Village Building Codes 2 and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards, and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the Village may remove such tower at the owner's expense.

   G.   General Criteria For All Installations:

      1.   A cash bond to be deposited equivalent to one hundred twenty five percent (125%) of the estimated cost of maintenance for a ten (10) year period and the cost of removal and disposal of the entire installation, as determined by the Village Engineer or such other expert designated by the Village from time to time.

      2.   As to each installation, the entire site, including the tower and outbuilding, must be kept maintained and in good condition, as reasonably determined by the Village Engineer. If the owner of the installation fails to maintain the site, the Village, upon thirty (30) days' prior written notice, or in the event of an emergency such prior notice, if any, which is practicable, may perform the necessary repairs, maintenance, or removal of the installation, as it deems appropriate, and all costs so incurred shall be the responsibility of the owner of the installation.

      3.   No installation may be situated within five hundred feet (500') of residence situated in an SE, SR, or SD District. No installation shall be permitted in the Historic Overlay District or within any scenic corridor.

      4.   Sufficient vegetative screening shall be installed so that within ten (10) years of planting, the base portion of the site, to a height of twenty five feet (25'), shall not be visible from any adjacent parcel, or a public right of way, when viewed from six feet (6') above existing grade on the adjacent parcel or right of way. All trees to be planted shall be of approved type as specified in the Wadsworth Landscape Ordinance 3 .

      5.   No permit shall be issued if another technology is reasonably available that eliminates the need for a communication tower.

      6.   The base support building shall not exceed twelve feet (12') in height nor shall the footprint of the building be larger than twelve feet by fifteen feet (12' x 15'). For multiple user installations, the footprint may be expanded if reasonably necessary, provided that the footprint shall be no larger than absolutely necessary and shall be subject to the prior review and approval of the Plan Commission. Each such building must have a conventional peaked roof, as opposed to a flat roof, to facilitate its melding into the community.

      7.   For all new installations, the tower shall be constructed in such a fashion to accommodate three (3) antenna/transmitter devices. Competitors shall be required to collocate their respective facilities on the same installation to the extent reasonably possible, with each party responsible for its proportionate share of the cost of the facilities. In the event that said parties cannot agree on the appropriate allocation of costs, then each party shall appoint an arbitrator, who collectively shall select an additional arbitrator, who shall thereafter as a panel arbitrate the dispute and issue a binding decision on the respective parties.

      8.   No tower shall be located in such a fashion that if it were to collapse it could fall on any structure which is occupied by humans, excluding the support building, or could fall off-site from the parcel upon which it is located.

      9.   The installation must be operated in such a fashion so that it does not disrupt television or radio signals to residents or occupants within the Village, impact on hearing aid operation or other medical devices such as pacemakers, or otherwise disrupt or have a harmful effect on any existing operations, installations, or technologies existent within the Village.

      10.   No installation may be installed in any wetland or flood plain, nor in any other location where it is likely to harm or cause damage to human or animal life or to property. Notwithstanding the foregoing, the tower portion of the installation may be located in a conservancy district area if no damage would occur to the conservancy district area and the tower would be structurally sound.

      11.   The permittee must indemnify and hold harmless the Village from any and all liability on a Village-approved form.

      12.   The permittee shall post and maintain in full force and effect a general liability policy with the Village as named insured in an amount no less than three million dollars ($3,000,000.00) per occurrence and five million dollars ($5,000,000.00) in the aggregate.

      13.   The maximum height of the tower shall not exceed one hundred twenty five feet (125') above existing grade at the situs of the tower.

      14.   The permittee must obtain and maintain all required Federal licenses and permits, and effectuate and maintain all required registrations.

      15.   A landscape plan must be reviewed and approved by the CTC, or the Plan Commission, if a conditional use permit is required.

      16.   The permittee must demonstrate that other facilities are not reasonably available for intended installation, such as, but not limited to, towers of competitors and other available towers or sites such as Commonwealth Edison transmission towers.

      17.   The permittee must demonstrate sufficient financial resources to install, maintain, and operate the installation and associated tower grid. Towers built on speculation by applicants who do not have the ability to provide service are prohibited.

   H.   Permit Fee: The permit applicant shall pay a permit fee of one thousand dollars ($1,000.00) at the time of permit application. (Ord. 98-494, 2-17-1998)

   A.   General: The uses listed in this Section are deemed to be permitted uses and shall not require a conditional use permit. Nevertheless, all such uses shall comply with subsections 10-9-3D through H of this Chapter and all other applicable chapters of this Code.

   B.   Specific Permitted Uses: The following uses are specifically permitted:

      1.   Installing an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other freestanding nonresidential structure) that is fifty feet (50') in height or greater, so long as said additional antenna adds no more than twenty feet (20') to the height of the existing structure; and

      2.   Installing an antenna on any tower existing as of February 1, 1998, of any height, so long as the addition of the antenna adds no more than twenty feet (20') to the height of the existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with the antenna. (Ord. 98-494, 2-17-1998)

   A.   CTC Authority: This Chapter shall be administered by the CTC. All decisions of the CTC to approve or deny a permit shall be in writing.

   B.   Appeals: The decision of the CTC shall be subject to appeal to the Village Board by the applicant or any other interested party. Any such appeal must be in writing, be captioned "notice of appeal", and be filed with the Village Clerk no later than thirty (30) days subsequent to the date of the CTC's written decision. The failure to file a timely notice of appeal shall forever bar any appeal to the Village Board.

   C.   Review And Evaluation: The Village may retain a consulting engineer and/or other experts to review and evaluate applications for permits, necessary maintenance, and for general enforcement of this Chapter.

   D.   Specific Administrative Approved Uses: The following uses may be approved by the CTC after conducting an administrative review:

      1.   Installing an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other freestanding nonresidential structure) that is less than fifty feet (50') in height, so long as such addition does not add more than twenty feet (20') to the height of the existing structure;

      2.   Installing an antenna on an existing tower of any height, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet (20') to the height of said existing tower;

      3.   Locating any alternative tower structure in a zoning district other than SE, SR, or SD Districts that in the judgment of the CTC is in conformity with the goals set forth in subsection 10-9-3A of this Chapter;

      4.   No conditional use permit required if installation is to be located in the CR, OR, LI, or PL Districts, and satisfies the criteria in subsection D3 of this Section and the following criteria:

         a.   Located at least two hundred feet (200') from perimeter of parcel upon which it is to be situated.

         b.   All-year screening presently exists which will screen installation from view from adjacent property when viewed from grade level on adjacent site immediately adjacent to parcel upon which will be situated the installation.

         c.   No installation shall be located within one mile of any other installation. (Ord. 98-494, 2-17-1998)

   A.   General: The Zoning Board of Appeals shall hold a public hearing and make its recommendation to the Village Board thereafter. The conditional use permit process shall conform to the requirements of Section 10-5-5 of this Title except as otherwise explicitly set forth in this Chapter. The following provisions shall govern the issuance of conditional use permits:

      1.   If the tower or antenna is not a permitted use under Section 10-9-4 of this Chapter or permitted to be approved administratively pursuant to Section 10-9-5 of this Chapter, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

      2.   In granting a conditional use permit, the Village may impose conditions to the extent the Village concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

      3.   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

      4.   A conditional use permit shall only be issued if the applicant establishes that no other viable alternatives exist and all reasonable alternatives have been thoroughly studied and considered.

      5.   A conditional use permit shall be permitted in the SE, SR, or SD Districts only as a last resort when all other alternatives have been studied and determined to be not feasible.

   B.   Information Required: Each applicant requesting a conditional use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Village to be necessary to assess compliance with this Chapter.

   C.   Factors Considered: The Village shall consider the following factors in determining whether to issue a conditional use permit, although the Village may waive or reduce the burden on the applicant of one or more of these criteria if the Village concludes that the goals of this Chapter are better served thereby:

      1.   Height of the proposed tower;

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

      3.   Nature of uses on adjacent and nearby properties;

      4.   Surrounding topography;

      5.   Surrounding tree coverage and foliage;

      6.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

      7.   Proposed ingress and egress; and

      8.   Availability of suitable existing towers and other structures as discussed in subsection D of this Section.

   D.   Availability Of Suitable Existing Towers Or Other Structures: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

      1.   No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

      2.   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

      3.   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

      4.   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

      5.   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

      6.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

   E.   Setbacks And Separation: The following setbacks and separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

      1.   Towers must be set back a distance equal to the height of the tower from any off-site residential structure.

      2.   Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

      3.   In zoning districts other than CR, OR, LI, LI-1 or PL, towers over ninety feet (90') in height shall not be located within one-quarter (1/4) of a mile from any existing tower that is over ninety feet (90') in height.

   F.   Security Fencing: Towers shall be enclosed by approved security fencing not less than six feet (6') in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Village may waive such requirements, as it deems appropriate.

   G.   Landscaping: The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Village may waive such requirements if the goals of this Chapter would be better served thereby:

      1.   Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound. The perimeter of the installation site shall be planted with canopy trees to screen towers from view from off-site.

      2.   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

      3.   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. (Ord. 98-494, 2-17-1998)

If the applicant demonstrates to the satisfaction of the Village Board that any provision or combination of provisions of this Chapter individually or collectively render it not reasonably possible to install a functioning installation and all other possibilities have been exhausted, the Village Board may waive, reduce, or substitute from the requirements of this Chapter to permit a functioning installation which will still be consistent with the purpose and goals of this Chapter. (Ord. 98-494, 2-17-1998)

   A.   If the installation is maintained or operated in such a fashion to be in violation of subsection 10-9-3E or F or any other provisions of this Chapter and the owner has failed to eliminate the violation within thirty (30) days of the mailing of written notice of violation to its last known address, the Village may remove such antenna or tower at the owner's expense, and may use the posted bond to the extent necessary with the owner responsible for any costs exceeding the available bond.

   B.   Any installation that is not operated for a continuous period of six (6) months shall be considered abandoned, provided that if there are two (2) or more users of a single tower, the tower shall not be considered abandoned until all users cease using the tower. The owner of such installation shall remove same within thirty (30) days of the mailing of written notice of abandonment to its last known address. If the owner fails to remove the installation within the thirty (30) day period, then the Village may remove such installation at the owner's expense, and may use the posted bond to the extent necessary with the owner responsible for any costs exceeding the available bond. (Ord. 98-494, 2-17-1998)