A. Procedure.
1. All Telecommunications facilities must apply for a location improvement permit that indicates compliance with the standards listed herein.
B. Setbacks.
1. All telecommunication towers shall be set back from any property line a distance equal to at least eighty percent (80%) of the height of the tower;
2. A telecommunication tower shall be five hundred feet (500') from any residential structure; and
3. Telecommunication towers are generally not permitted in established front yards, except where evidence provided by the petitioner demonstrates that placement in an established front yard would provide the best camouflage for the tower.
C. Buffer Requirements.
1. The location of the tower and equipment buildings shall comply with all local, State and federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a telecommunication facility:
a. An eight-foot (8') high wood fence or brick masonry wall shall completely surround the entire telecommunications facility, excluding guy wires;
b. A live evergreen screen consisting of a hedge, planted five feet (5') on center maximum, or a row of evergreen trees planted a maximum of ten feet (10') on center shall be planted outside the fence around the entire telecommunication facility and each of the guy wires and anchors, if used, and the height of all plants at the time of planting shall be no less than five feet (5');
c. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible on the entire site;
d. Existing evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.
D. Access. Proposed telecommunication towers and antennas shall meet the following access requirements:
1. Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible; and
2. The telecommunication facility shall be fully automated and unattended daily, and may be visited only for periodic maintenance, emergencies, installations or equipment removal.
E. Design. Proposed telecommunication towers and antennas shall meet the following design requirements:
1. All telecommunication towers shall be a monopole design.
2. Telecommunication towers and antennas shall be designed to blend into the surrounding environment using camouflaging, color and architectural treatment, except in an instance where the color is dictated by federal or State authorities such as the Federal Aviation Administration (FAA).
3. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. If the facility is screened one hundred percent (100%) during all seasons with an eight-foot (8') tall wood privacy fence and evergreen screen, other materials may be approved.
4. Lighting for safety or security reasons or required by the FAA or other federal or State authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.
F. Collocation Requirements.
1. At a minimum, a monopole shall be constructed to support the initial user plus the anticipated loading of the number of additional users required in accordance with this Ordinance.
2. Minimum number of additional antenna sites to be provided on an eighty (80)-foot tower is two (2).
3. The site of the initial telecommunication tower and telecommunication facility shall be of sufficient area to allow for the location of additional equipment.
4. Any proposed telecommunication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate both the initial use and the additional users as required in accordance with this Ordinance. Telecommunication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.
G. Siting Requirements. A proposal for a new telecommunication tower shall not be approved unless the petitioner submits verification that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or buildings or other structure due to one or more of the following reasons:
1. The planned telecommunication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost.
2. The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost.
3. The existing or approved towers, buildings or structures within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
4. Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved tower, building or structure.
5. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings or structures.
6. Additional land area is not available at the base of existing towers, buildings or structures to accommodate the proposed telecommunication facility.
H. Construction Requirements. All antennas, telecommunication towers, accessory structures and any other wiring constructed within the Plan Commission’s jurisdiction shall comply with the following requirements:
1. All applicable provisions of this Ordinance and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable.
2. All telecommunication towers and telecommunication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Building Code, as amended, and the Electronics Industry Association.
3. Except for necessary electric and telephone service and connection lines approved by the Board of Public Works and Safety (BPWS), no part of any telecommunication equipment, telecommunication tower, lines, cables, equipment, wires or braces in connection with either shall, at any time, extend across or over any part of a right-of-way, public street, highway, sidewalk, trail or property line without appropriate approval in writing.
4. All telecommunication towers and telecommunication equipment shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
5. All telecommunication towers and telecommunication equipment shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).
6. All signal and remote-control conductors of low energy extending substantially horizontally above the ground between a tower and other telecommunication equipment, or between towers, shall be at least ten feet (10') above the ground at all points, unless buried underground.
7. All telecommunication towers and telecommunication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
8. An engineer’s certification shall be submitted for all telecommunication towers and all other telecommunication equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all collocation sites, strength requirements to withstand natural forces such as ice, wind, earth movements, etc.
9. All telecommunication towers and telecommunication equipment shall be designed and constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with one-half (½) inch of ice and to accommodate all collocation sites as required by this Ordinance.
I. Existing Structures. The following shall apply to existing antennas, telecommunication towers and telecommunication equipment:
1. Existing structures may continue in use for the purpose now used and as now existing but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this Ordinance.
2. All requests to install any telecommunication equipment on an existing approved or “grandfathered” tower, building or structure shall be submitted to City Engineer for approval. All such requests will only require an electrical permit, City Engineer approval, and the contract between the petitioner and the owner of the existing tower, building or structure, unless other approvals are required as set out in this Ordinance.
J. Inspection of Towers. The following shall apply to the inspection of telecommunication towers:
1. All telecommunication towers may be inspected at least once every year - or more often as needed to respond to complaints received - by the City Engineer, and/or a qualified and licensed consulting engineer to determine compliance with the original construction standards. Deviation from original construction for which any permit was obtained constitutes a violation of this Ordinance.
2. Notice of Violation will be sent by registered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner is required to notify the City Engineer that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
K. Abandoned Towers. Any telecommunication tower unused or left abandoned for six (6) months will be removed by the tower owner at its expense. Should the owner fail to remove the telecommunication tower after thirty (30) days from the date a notice of violation is issued, the City may remove the telecommunication tower and bill the owner for the costs of removal and cleanup of the site.
L. Small Cell Wireless Facilities. The placement of small cell facilities and associated supporting structures in the right-of-way is considered a permitted use and exempt from local zoning review as per the State of Indiana so long as the height does not exceed fifty feet (50'), or the height of any utility pole placed on or before July 1, 2017 within five hundred (500) of the proposed small cell facility, plus ten feet (10'). Small cell wireless facilities must comply with additional standards set by the Federal Communications Commission (FCC).
(Ord. 20-29, § 2, 9-21-20)