For the next four months, the Village of Leonard will not be considering or making any decisions regarding the placement of cellular towers within its borders as officials update their zoning ordinance with regard to this use.
Last week, the village council approved a zoning moratorium on telecommunications towers for 120 days effective Feb. 18 (see the public notice on page 22).
‘The intent is to (amend the zoning ordinance) within the 120 days,? said village President Mike McDonald. ‘We really have to work on it fast to get all of that done.?
According to McDonald, the current ordinance provision ‘doesn’t reflect the true state of affairs in the village.?
Right now, the zoning ordinance allows telecommunications towers, antennas and related structures to be placed on properties zoned limited and/or light industrial with a minimum of 10 acres.
However, no site in town currently meets those requirements.
‘There are no other 10-acre industrial parcels in the village,? McDonald said. ‘Our ordinance didn’t reflect the reality of the situation.?
The last piece of industrial property that met those requirements is owned by former township Supervisor Bob Koski.
But McDonald said Koski’s property, which was a little over 10 acres, was divided up years ago and portions were sold, so it no longer qualifies.
Unfortunately, village officials weren’t aware of this.
‘It was basically a communication problem between the village council at the time and the planning commission,? McDonald explained. ‘The planning commission was never told the only parcel that effectively met the ordinance requirements was no longer the proper size.?
The oversight was discovered during Verizon Wireless? recent bid to erect a 195-foot cellular monopole on a 4.04-acre limited industrial parcel owned by Koski.
Ultimately, the village planning commission rejected the plan in November 2008.
McDonald said the deficiency needs to be corrected so the village can’t be accused of engaging in ‘exclusionary zoning? and challenged in court.
A zoning ordinance may be exclusionary in its effect if it allows a use, but the requirements are such that the reality of the situation actually prohibits it.
McDonald said ‘it’s not beyond the realm of possibility? for someone to rezone one of the village’s existing 10-acre or more parcels as limited/light industrial.
‘But the reality is we don’t have it right now,? he said.
McDonald noted the only other place the ordinance allows telecommunications towers is on village-owned property and there’s no acreage minimum. ‘We haven’t been approached yet by anybody,? he said.
Despite the rejection, Verizon Wireless has apparently not given up on the idea of placing a tower in Leonard.
McDonald said the company still has an application on file with the village council (which also serves as the Zoning Board of Appeals) requesting three variances concerning placing the tower on the Koski property. The requested variances are related to tower height, lot size and setbacks.
‘They haven’t withdrawn anything,? he said. ‘We’re treating it as though we are proceeding with it.?
There’s some disagreement between the village and Verizon as to whether all the necessary fees have been paid and that’s held up the application process.
‘In order for the village to hear it, all of the ancillary fees, etc. have to be paid,? McDonald said. ‘Anybody can fill out an application and turn it in, but it’s not considered fully submitted until all the necessary fees have been paid.?
‘The village’s position has been that (Verizon’s is) not a complete application because not all of the outstanding fees for attorney reviews and planner reviews have been paid . . . The village hasn’t even been paid for the (Freedom of Information Act) requests related to the original planning commission consideration. I’m sure it will be worked out.?
But even if the whole fee issue was resolved, the ZBA hearing would have to wait four months in light of the moratorium.
‘Verizon is not real happy with us because (the moratorium) basically puts them on hold,? McDonald said. ‘However, that wasn’t the purpose of doing it. We just wanted to get things updated.?