(A) Required approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
(1) Installation of new antenna. The installation of new antennas on existing towers, including legal nonconforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Administrator subject to all requirements of this section. Any new antenna that will add either 10% or 25 feet, whichever is less, above the highest point of any existing tower or alternative structure is subject to the provisions of this article for the installation of new towers.
(2) Installation of a new tower. The installation of any new tower is reviewed as a special exception use by the Board of Zoning Appeals.
(3) Installation of new accessory structures. The installation of new accessory structures, such as equipment buildings, to support the installation of additional antennas on existing towers, or alternative structures may be approved by the Administrator.
(B) Removal. Any tower unused or left abandoned for 12 consecutive months must be removed by the property owner at his or her expense. Regardless of the tower ownership, the property owner is responsible for removal. Upon the request of the Administrator, the operator of any facility to which this section applies must provide documentation of the use of that facility for the purpose of verifying any abandonment.
(C) Interference with public safety facilities. No new wireless communications facilities or tower will result in any interference with public safety telecommunications.
(D) Required documentation for all facilities. In addition to the requirements provided in this chapter for receipt of special exception use approval, applications for new towers, new antenna, and new related facilities must include the following. Where the equipment is mounted on an existing building, the comparable information for that structure shall be provided.
(1) Engineer's report. A report from a professional engineer licensed in the State of Indiana that:
(a) Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
(b) Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antenna it can accommodate;
(c) Certifies compliance of the construction specifications with all applicable building codes (including, the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces; ice, wind, earth movements, etc.);
(d) Certifies that the facility will not interfere with established public safety telecommunication facilities; and
(e) Includes the engineer's seal and registration number.
(2) Letter of intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
(3) Proof of compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and all other appropriate state and federal agencies.
(4) Removal affidavit. A letter committing all parties, including the property owner and his or her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for 12 consecutive months). The removal affidavit must be recorded in the Office of the Johnson County Recorder, with a copy of the recorded affidavit provided to the Administrator.
(E) Determination of new tower need. Any proposal for a new telecommunications tower will only be approved if the applicant submits verification from a professional engineer licensed in the State of Indiana stating the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two-mile radius of the proposed tower location due to one or more of the following reasons:
(1) Inadequate structural capacity. The antennas would exceed the structural capacity of the existing or approved tower or other structure.
(2) Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
(3) Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
(4) Land availability. Additional land area is not available (when necessary).
(F) Design requirements for new towers and related facilities. All telecommunications facilities must meet the following design requirements:
(1) Lighting. Tower lighting must only be installed as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting must be oriented inward to not to project onto surrounding properties and must have 90-degree cut-off luminaries (shielded downlighting).
(2) Co-location. All telecommunication towers must be designed, and engineered structurally, electrically and in all respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height exceeding 75 feet.
(a) Each additional user is assumed to have an antenna loading capability equal to that of the initial user.
(b) Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
(3) Height. All towers and antenna must conform to all FAA tall structure requirements. The maximum height of all accessory structures is 15 feet.
(4) Signs. Signs for all telecommunications facilities are permitted up to a total of four square feet per user and must only be located on the security fence or the wall of accessory equipment buildings within the security fence.
(G) Site requirements for new towers and related facilities. All telecommunications facilities must meet the following site requirements:
(1) Vehicular access. Vehicle access drives may be gravel or paved and must be located within an access easement that is a minimum of 20 feet in width. Any portion of the entrance located in a public right-of-way must meet the applicable public street or road design, construction, and pavement requirements of the jurisdiction responsible for that street.
(2) Site area. The lot (or lease area) where the tower is located must be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site must also sufficient to allow the location of one additional tower and associated support facilities.
(a) The arrangement of the initial tower and the topography of the site is considered in determining the sufficiency of the site area.
(b) The width of the tower site cannot be less than the height of the tower and the depth of the tower site cannot be less than the tower height. The tower must be placed within the property, so it is no closer to any lot line than 50% of the tower height.
(c) All tower supporting and stabilizing wires must be located within the site area.
(3) Setback. The required setbacks for related accessory facilities are as follows:
(a) Side and rear setback. The minimum side and rear setback for all buildings and related facilities, including the security fence is 25 feet.
(b) Front setback. The minimum front setback for all buildings and related facilities is as specified by this chapter for the zoning district where it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing is permitted in any required front setback.
(c) Additional setback from residential zoning districts. No tower may be placed closer than 150% of the total height of the tower or 200 feet, whichever is greater, to any surrounding property in a residential district.
(d) Additional landscaping. Landscape screening may be provided in the setback area.
(4) Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires, or braces may extend across or over any part of a public right-of-way, sidewalk, or property line.
(5) Fencing. An eight-foot-high security fence must surround the tower and accessory equipment building site. Barbed wire, concertina wire, or sharpened stakes, if used, must be at least six feet above grade. An area ten feet in width must remain outside of the fence for the purpose of providing the landscape screening described below.
(H) Landscape screening. In addition to the landscaping required in § 154.110, evergreen buffer plantings must be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site must provide plants in number and design to provide a screen of the fence, all equipment, and the base of the tower, as determined by the Board of Zoning Appeals. A combination of trees and shrubs is encouraged. The maximum spacing of evergreen shrubs is five feet on center. The maximum spacing of evergreen trees is ten feet on center.
(Ord. 2022-17, passed 7-19-2022)