(A) Generally.
(1) Except in historic preservation districts and in the South Clarksville Mixed Use district, an application for a permit for a small cell facility is considered a permitted use and is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of:
(a) 50 feet measured from grade; or
(b) The height of any utility pole in place on July 1, 2017, and within 500 feet of the proposed small cell facility, plus ten feet;
(c) Such a facility is not subject to public hearing.
(2) A small cell facility that exceeds the height limits specified in division (A)(1) above is subject to zoning controls and review under the town's zoning ordinance;
(3) The Authority shall allow an applicant to submit a single consolidated application to collocate multiple wireless service facilities that are located within the jurisdiction of the Authority. The Authority shall issue a single permit for all wireless service facilities included in the application rather than individual permits for each wireless service facility.
(B) Application contents. An application for a permit for a micro or small cell wireless facility shall include the following:
(1) The name, business address, and point of contact for the applicant;
(2) The location of the proposed or affected wireless support structure or wireless facility as shown by both;
(3) The location of the proposed or affected wireless support structure or wireless facility, shown by both;
(a) Geographic Positioning System location, showing degrees, minutes and seconds carried to at least one decimal place; and
(b) A scaled drawing at a scale not smaller than 1 inch=1 foot, showing the street, all public or private improvements within 50 feet of the proposed location and the exact location of the proposed pole or facility; and
(4) An accurate drawing or, if available, manufacturer's brochure with pictures and dimensions showing the proposed installation; and
(5) Evidence of conformance with applicable building permit requirements;
(6) Documentation of permission for the applicant to use any utility pole or other property not owned by the town but to be used to implement the facilities proposed in the application;
(7) General engineering studies indicating that the poles that will be used have the structural and physical capacity to support the proposed facilities, with more detailed studies to be submitted for each of the proposed poles after general approval of this permit but before installation of the facilities;
(8) If any facility included in the application will be located in an area that has been:
(a) Designated as a historic preservation district under IC 36-7-11; or
(b) Designated as a historic preservation area under IC 36-7-11.1; the application shall include a certificate of appropriateness from the Clarksville Historic Preservation Commission;
(9) Certification from an engineer or from the applicable manufacturer that the proposed facilities will comply with the Federal Communications Commission limitation that the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. §1.1307(b);
(10) Certification of the "fall zone" required for the proposed facility and documentation that the location of the facility will not, in the case of a fall, imperil any public infrastructure or private improvements; and
(11) Any other material required under IC 8-1-32.3-19(b).
(C) Determination of completeness.
(1) The Authority shall review an application within ten business days of its receipt to determine if the application is complete. If the Authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application.
(2) An applicant that receives a written notice under division (C)(1) above may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within 15 days of receiving the notice. If an applicant is unable to cure the defects within the 15-day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(3) An application that contains the information required under division (B) above is considered complete.
(D) Action.
(1) Not more than 45 days after making an initial determination of completeness under division (C) above, the Authority shall:
(a) Review the application to determine its conformity with applicable building permit requirements; and
(b) Notify the applicant in writing whether the application is approved or denied.
(2) However, if the applicant requested additional time under division (C)(2) above to cure defects in the application, the 45-day period is extended for a corresponding amount of time.
(E) Notice to neighborhood association(s). The Authority shall allow a neighborhood association or a homeowners association to register with the Authority to receive notice by United States mail of any application filed with the permit authority for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in an area within the jurisdiction of the neighborhood association or homeowners association. The Authority shall post on the town's internet web site instructions for how a neighborhood association or homeowners association may register to receive notice under this division.
(F) Other design standards.
(1) Identification. A small cell facility and/or an associated supporting structure shall comply with applicable requirements and standards for identifying the owner's name and contact information:
(a) Federal Communications Commission requirements; and
(b) Industry standards;
(2) Pole-mounted facilities preferred. To minimize the interference with automobile and pedestrian traffic and for aesthetic reasons, the town expresses a strong preference for pole-mounted facilities rather than ground-mounted cabinets. Any application for ground-mounted facilities shall contain a detailed justification and an explanation of why pole-mounted facilities will not work.
(3) Alternative locations. With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, the Authority may propose, as an alternative location for the proposed small cell facility, that the small cell facility be collocated on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within 50 feet of the location proposed in the application. The applicant shall use the alternative location proposed by the permit authority if:
(a) The applicant's right to use the alternative location is subject to reasonable terms and conditions; and
(b) The alternative location will not result in technical limitations or additional costs, as determined by the applicant.
(4) Color. Poles and facilities shall be manufactured or painted in colors that are compatible with and not contrasting with the colors of other facilities in the right-of-way. The Town Council hereby determines that the colors black and brown meet this criterion.
(G) Attachment limitations. No small cell or other personal wireless telecommunication antenna or facility within the right-of-way will be attached to a utility pole, alternative antenna structure, tower, or town-owned infrastructure unless all of the following conditions are satisfied:
(1) Surface area of antenna. The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish-shaped antennas, cannot have a surface area of more than six cubic feet in volume.
(2) Size of above-ground small personal wireless telecommunication facility. The total combined volume of all above-ground equipment and appurtenances comprising a small personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed 28 cubic feet. For purposes of this division (G)(2), the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure:
(a) Electrical 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) Cutoff switches.
(3) Height of equipment sheds. The operator of a small personal wireless telecommunication facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight feet above grade; the administrator may grant an administrative variance from this standard if the applicant demonstrates that:
(a) Meeting the standard would involve a significant hardship; and
(b) The proposed alternative is compatible with the public infrastructure and private buildings located within 100 feet of the proposed site.
(4) Height of antenna. The height of the small cell facility shall not exceed the greater of:
(a) 50 feet measure from grade; or
(b) The height of any utility pole in place on July 1, 2017, and within 500 feet of the proposed small cell facility plus ten feet.
(H) Installation in right-of-way; removal; liability.
(1) Any disturbance to the public right-of-way as a result of the construction of a new pole shall be restored to its original condition post construction to the satisfaction of the Public Works Department;
(2) A provider pole shall be maintained in good condition and repair by qualified maintenance and constructional personnel at the cost of the responsible party that operates the pole so that the pole shall not endanger the life of any person or any property in the town;
(3) Insurance by each owner or operator of a provider pole shall provide to the town a certificate of insurance, in a form acceptable to the Town Attorney, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the new pole;
(4) Each owner or operator of a provider pole shall, at its sole cost and expense, indemnify, defend and hold harmless the town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the provider pole. This indemnification shall include acts of third parties involving traffic accidents or normal traffic operations. This indemnification shall not include claims arising from the town's sole negligence. Each person that owns or operates a provider pole shall defend any actions or proceedings against the town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation maintenance or removal of a provider pole. Such indemnification shall be provided to the town prior to the issuance of a construction permit in a form acceptable to the Town Attorney.
(5) The agreement authorizing the installation of the pole or other facility shall provide that upon receiving 180 days' notice (or, in the case of a bona fide emergency) 30 days' notice, the owner or operator of the provider pole or facility will, at its sole expenses, move the pole or facility as necessary to accommodate changes or improvements to the public roads.
(6) Each owner and operator of a provider pole or facility shall, prior to any work in the right-of-way, execute a document releasing the town and its officials and employees for any liability for damage to the pole or facility resulting from traffic or traffic accidents, from road construction or road maintenance and from other actions by the town or other parties unless there is an act by the town or an agent which action is clearly negligent under Indiana law.
(7) The removal and replacement of a provider pole and/or its related equipment for the purposes of upgrading or repairing the pole is permitted, so long as the site repair or upgrade does not increase the overall size, height or design of the originally approved pole. Any modification shall require a new permit and authorization by the town.
(8) Should it be the intent of the owner or operator of a provider pole to abandon the pole and discontinue its use, the owner or operator shall provide written notice to the town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned provider poles shall be removed as follows:
(a) All unused or abandoned provider poles and accessory facilities shall be removed within six months of the cessation of operations at the site unless otherwise extended by the town;
(b) If the provider pole and all related facilities are not removed within six months of the cessation of operations at the site, or within any longer period approved by the town, the DAS pole and all its related facilities may be removed by the town and the cost of removal assessed against the owner of the DAS pole.
(Ord. 2019-G-23, passed 10-1-19)