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Any person who violates this subchapter shall have 30 days following written notification of noncompliance in which to comply without fine or other penalty.
(Ord. 388, passed 6-27-84) Penalty, see § 94.99
UNDERGROUND AND BURIED UTILITIES DISTRICT
(A) The town hereby establishes an Underground and Buried Utilities District (“area”) to be in effect and apply throughout the town’s right-of-way, within the municipal corporate boundaries, and is herein defined as follows:
(1) In all areas of the town where no overhead or aboveground utilities, utility facilities, overhead lines or associated overhead structures used or useful in supplying electric, communication or similar and associated services currently exist;
(2) In all areas of the town where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including but not limited to electric, communication or similar and associated services; and
(3) All other areas of right-of-way or proposed right-of-way throughout the town, whether or not aboveground utilities or utility facilities currently exist.
(B) The purpose of this subchapter is to implement regulations and procedures to provide for sensible and reasonable land use standards to:
(1) Allow for the provision of adequate reliable public and private electrical supply and telecommunication services;
(2) Provide for and serve the needs of the town through the use of small cell facilities for telecommunications; and
(3) Minimize the adverse and undesirable visual effects of said provisions for said facilities within the town.
(Ord. 1266, passed 4-28-17; Am. Ord. 1269, passed 6-20-17)
(A) The provisions of this subchapter shall not apply to: private streets, private access easements, internal drives in a commercial development, railroad rights-of-way, or highways under the jurisdiction of INDOT.
(B) Small cell facilities for telecommunications are not permitted within public right-of-way having “Local” or “Rural” functional classification as defined in the Town Thoroughfare or Transportation Plan.
(C) In accordance with IC 8-1-32.3-17(a), the town may not discriminate among communications service providers or public utilities with respect to:
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities;
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the town.
(D) In accordance further with IC 8-1-32.3-17(a), the town may not require an applicant to submit information about, and may not evaluate an applicant’s business decisions with respect to, the applicant’s designed service, customer demand, service quality, or desired signal strength to a particular location.
(E) A permit is not required for any of the following:
(1) The routine maintenance of wireless facilities.
(2) The replacement of wireless facilities with wireless facilities that are substantially similar to, or the same size or smaller than, the wireless facilities being replaced.
(3) The installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by a communications service provider that is authorized to use the public rights-of-way.
(Ord. 1269, passed 6-20-17)
For purposes of this subchapter and consistent with IC 8-1-32.3 et seq. the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ANTENNA.” Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
“BASE STATION.” A station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
“COLLOCATION OR CO-LOCATION.” The placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.
“COMMUNICATIONS SERVICE PROVIDER.” The meaning set forth in IC 8-1-2.6-13.
“CONSTRUCTION PLAN.” A written plan (minimum size 11 x 17, based on a standard engineering or architectural scale, dimensioned in feet and inches) that describes the proposed wireless support structure and all equipment and network components including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment. The plan shall also include information that demonstrates that the aesthetics of the wireless support structure is substantially similar to other structures located nearest the proposed location; includes the total height and width of the wireless facility and wireless support structure, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, and calculations for the foundation capacity. All drawings shall be sealed, signed, and dated by a registered professional engineer, licensed in the State of Indiana.
“ELECTRICAL TRANSMISSION TOWER.” A structure that physically supports high voltage overhead power lines. The term does not include a utility pole.
“EQUIPMENT COMPOUND.” The area that:
(1) Surrounds or is near the base of a wireless support structure; and
(2) Encloses wireless facilities.
“EXISTING STRUCTURE.” Excludes a utility pole or an electrical transmission tower.
“MICRO WIRELESS FACILITY.” A small cell facility to which both of the following apply:
(1) The dimensions are no more than 24 inches in length, 15 inches in width and 12 inches in height; and
(2) An exterior antenna is no longer than 11 inches.
“PERMIT AUTHORITY.” The Town of Cedar Lake Building and Planning Department and Town Council.
“SMALL CELL FACILITY.” A wireless facility defined by divisions (1) or (2) below:
(1) A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as in effect on July 1, 2015; or
(2) A wireless facility that satisfies the following requirements:
(a) Each antenna, including exposed elements, has a volume of three cubic feet or less;
(b) All antennas, including exposed elements, have a total volume of six cubic feet or less; and
(c) The primary equipment enclosure located with the facility has a volume of 37 cubic feet or less.
(3) For purposes of division (2)(c) above, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure:
(a) Electric meters;
(b) Concealment equipment;
(c) Telecommunications demarcation boxes;
(d) Ground-based enclosures;
(e) Back-up power systems;
(f) Grounding equipment;
(g) Power transfer switches; or
(h) Cut-off switches.
“SMALL CELL NETWORK.” A collection of interrelated small cell facilities designed to deliver wireless service.
“SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE.” The mounting of a wireless facility on a wireless support structure in a manner that:
(1) Increases the height of the wireless support structure by the greater of:
(a) 10% of the original height of the wireless support structure; or
(b) 20 feet;
(2) Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:
(a) 20 feet; or
(b) The width of the wireless support structure at the location of the appurtenance; or
(3) Increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet.
(4) The term “SUBSTANTIAL MODIFICATION” does not include the following:
(a) Increasing the height of a wireless support structure to avoid interfering with an existing antenna;
(b) Increasing the diameter or area of a wireless support structure to:
1. Shelter an antenna from inclement weather; or
2. Connect an antenna to the wireless support structure by cable.
“UTILITY PLAN.” A plan (minimum size 11 x 17, based on a standard engineering or architectural scale, dimensions shown in feet and inches) demonstrating the location and relationship to existing utilities within the vicinity of the proposed wireless support structure. The plan is includes drawings of:
(1) The project area showing location and all dimensions;
(2) The wireless support structure dimensions (size, height, etc.);
(3) Vicinity map showing the location of the proposed wireless facility and the surrounding street;
(4) Proximity map showing distance and dimensions from public facilities (curb, sidewalk, street landscape area, street centerline, right-of-way line, etc.) and adjacent buildings;
(5) Ground disturbance plan showing depth and dimensions of disturbance and excavation parameters;
(6) Adjacent utility plan, showing location and distances of all adjacent above ground and below ground utility facilities; and
(7) Documentation of coordination with utilities, including a conflict analysis and work plan which documents that there are no conflicts with existing utilities and a restoration plan if there are any conflicts.
“UTILITY POLE.” A structure that is:
(1) Owned or operated by:
(a) A public utility;
(b) A communications service provider;
(c) Amunicipality;
(d) An electric membership corporation; or
(e) A rural electric cooperative; and is
(2) Designed and used to:
(a) Carry lines, cables, or wires for telephone, cable television, or electricity;
(b) Provide lighting;
(c) Provide traffic control; or
(d) Provide signage.
(3) The term does not include a wireless support structure or an electrical transmission tower.
“WIRELESS COMMUNICATIONS SERVICE.” Services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum.
“WIRELESS FACILITY.” The set of equipment and network components that are owned and operated by a communications service provider; and necessary to provide wireless communications service. The term does not include a wireless support structure.
“WIRELESS SUPPORT STRUCTURE.” A freestanding structure designed to support, or capable of supporting wireless facilities. The term does not include a utility pole or an electrical transmission tower.
(Ord. 1269, passed 6-20-17)
(A) An applicant that provides wireless communications service, owns or otherwise makes available infrastructure for wireless communications services may apply for a utility permit to the Planning and Building Department for the following actions in the Underground and Buried Utility District:
(1) Construction of a new wireless support structure;
(2) Substantial modification of a wireless support structure;
(3) Collocation of wireless facilities on an existing structure; or
(4) Construction, placement, and use of small cell facilities.
(B) A permit is not required for the following:
(1) Routine maintenance of wireless facilities;
(2) Replacement of wireless facilities with equipment that is:
(a) Substantially similar to, or
(b) The same size or smaller than the existing; and
(3) Installation, maintenance, or replacement of micro wireless facilities that are suspended on cable(s) between existing utility poles in compliance with applicable codes by a communications service provider authorized to use public rights-of-way.
(C) An application for placement of a small cell facility and the supporting structure is exempt from local zoning review if the total height of the supporting structure does not exceed the greater of:
(1) 50 feet above grade; or
(2) The height of any utility pole in place on July 1, 2017, within 500 feet of the proposed small cell facility, plus 10 feet.
(D) The applicant shall forward an application determined complete, with supporting documentation, to the appropriate authority and obtain a certificate of appropriateness, if the proposed location is within an area:
(1) Designated as a historic preservation district under IC 36-7-11; or
(2) esignated as a historic preservation area under IC 36-7-11.1.
(E) An applicant shall demonstrate that the proposed wireless facility, wireless support structure or substantial modification thereof complies with the requirements of this subchapter.
(F) The applicant shall pay a fee in accordance with the then current and applicable building and zoning fee ordinance, as amended from time to time.
(Ord. 1269, passed 6-20-17)
(A) An application for construction of a new wireless support structure must include all of the following:
(1) Name, address and contact information for applicant;
(2) Location of proposed wireless support structure;
(3) A construction plan as defined above;
(4) Evidence supporting choice of location, including sworn statement in accordance with IC 8-1-32.3-20;
(5) Evidence showing that the application complies with zoning ordinance requirements for special exception, special use, contingent or conditional use; or if location is except from said requirements; and
(6) Evidence showing that application complies with zoning ordinance requirements for variance of use, if wireless support structure is not a permitted use in the underlying zoning district.
(B) Within ten business days of receipt, the Building Administrator shall notify the applicant in writing of all defects in the application. If notice is not given within ten business days, the application is considered complete.
(C) The applicant may cure defects and resubmit the corrected application within 30 days of receiving the notice. The applicant shall notify the town within the 30-day period if additional time is required to cure the defects.
(D) Upon determination of a complete application, a notice shall be posted on the town website and sent via first class mail to all interested parties. An interested party is defined as:
(1) a neighborhood association or homeowners association that is registered with the town; and
(2) Owners of record, as identified by the Lake County Auditor’s Office, abutting the proposed location and lying on the opposite side of the right-of-way from the proposed location and abutting parcels.
(E) Not more than 90 days after determination of a complete application, the Town Engineer or designee, with concurrence of the Building Administrator, shall review the application to determine if it complies with applicable laws and ordinances governing land use and zoning, and notify the applicant in writing if application is approved or denied.
(1) If the applicant requested additional time to cure defects, the 90-day period is extended for a corresponding amount of time.
(2) If the application requires a variance of use, the 90-day period may be extended for not more than an additional 30 days.
(Ord. 1269, passed 6-20-17)
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