(A) Purpose and intent. The purpose of these telecommunication facility standards is to provide for adequate, reliable public and private telecommunications service while maximizing the use of transmission wireless support structures and wireless support structure sites. These requirements also seek to minimize the adverse, undesirable visual impact of wireless support structures through minimizing needed wireless support structures and wireless support structure sites, careful design and siting, and screening.
(B) Validity clause. If any part, section, division, subdivision, paragraph, subparagraph, sentence, phrase, clause, term, or word in this subchapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this subchapter.
(C) General regulations applicable to wireless telecommunication facilities.
(1) Abandonment. Abandoned or unused wireless support structures or portions of wireless support structures shall be removed. The owner of a wireless facility shall file annually a declaration with the Administrative Officer or his or her duly authorized designee as to the continuing operation of every facility installed subject to these regulations. In addition, the owner shall file annually a certificate of insurance from the owner’s insurance carrier listing the town and the Town Council as additional insureds for the purposes of general liability with regard to bodily injury, personal injury and property damage from all possible risks in an aggregate amount of not less than $5,000,000 per incident with a further provision that the insurance carrier shall notify the Town Council 30 days in advance of either cancellation and/or non-renewal of the policy of insurance. Failure to do any of the above requirements shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the following:
(2) Removal. All abandoned or unused wireless support structures and associated facilities shall be removed within 180 days of the cessation of operations at the site unless a time extension is approved by the Administrative Officer or his or her duly authorized designee. A copy of the relevant portions of a signed lease which requires the applicant to remove the wireless support structure and associated facilities upon cessation of operations at a site shall be submitted at the time of application. In the event that a wireless support structure is not removed within 180 days of the cessation of operations at a site, the wireless support structure and associated facilities may be removed by the town and the costs of removal, enforcement including attorney’s fees shall be assessed against the property; and/or the property owners.
(3) Time constraint. Unused portions of wireless support structures above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a wireless support structure previously removed requires the issuance of a new wireless facility permit.
(4) Materials. The use of residentially compatible high quality materials such as wood, brick, or stone is required for associated accessory structures within or adjacent to the equipment compound, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area.
(5) Design. Wireless telecommunication support structures shall be of a monopole design and, when located within or adjacent to an environmentally or aesthetically sensitive area, or a residential district, be designed to architecturally camouflage the wireless telecommunication support structure as much as reasonably practical to blend into the surroundings.
(6) Support structure height.
(a) In any commercial zoning district the maximum height of the wireless support structure shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.
(b) In any industrial zoning district the maximum height of the wireless support structure shall be 200 feet. The maximum height of any accessory structure shall be 15 feet.
(c) In any residential district the maximum height of the wireless support structure shall be 100 feet. The maximum height of any accessory structure shall be 15 feet.
(7) Interference. No new telecommunications facility shall result in any interference with public safety telecommunications.
(8) Proximity. No wireless support structure equipment compound shall be placed closer than 500 feet to any property included in a residential zoning district.
(9) Setback. The minimum front, side, and rear yard setback for all wireless support structures shall be a minimum of the area within which the wireless support structure is designed to collapse, as set forth in the applicant’s engineering certification for the wireless support structure. No part of a wireless telecommunications facility, including the equipment compound, security fence, any required guide wires or bracing shall be permitted in the required setback of the applicable zoning district. Landscape screening may be provided in the setback area.
(10) Right-of-way encroachment. No part of any wireless telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of an existing or planned public right-of-way, street, highway, sidewalk, or property line.
(11) Fence height. An eight-foot high security fence/wall shall completely surround the wireless support structure equipment compound and accessory equipment building site.
(12) Screening area. An area ten feet in width shall remain outside of the fence/wall for the purpose of providing the landscape screening described in this section.
(13) Access gates. In all zoning districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick, or stone construction. Opaque eight-foot tall wooden, composite wood, or metal gates shall be provided to access the facility.
(14) Landscape screening. Evergreen buffer plantings shall be located around the outermost perimeter of the security fence of all wireless telecommunications facilities, including any wires and anchors. If evergreen hedges are used they shall be a minimum of two feet tall at the time of planting (measured from ground level) and shall be planted a maximum of three feet on center. If evergreen trees are used they shall be a minimum of five feet tall at the time of planting (measured from the top of the root-ball), and shall be planted a maximum of ten feet on center. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(D) Required approvals.
(1) Installation of new collocation.
(a) The placement or installation of new wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. This includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.
(b) In addition to the requirements provided elsewhere in this chapter, applications for collocation 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.
3. Evidence of conformance with applicable building permit requirements.
(2) Substantial modification of wireless support structure.
(a) The installation or mounting of a wireless facility on a wireless support structure in a manner that:
1. Increases the height of the wireless structure by the greater of:
A. Ten percent of the original height of the wireless support structure; or
B. Twenty feet.
2. Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:
A. Twenty feet; or
B. The width of the wireless support structure at the location of the appurtenance; or
C. Increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet.
(b) Any substantial modification that increases height, width, adds an appurtenance, or increases the size of the equipment compound requires a special exception from the Board of Zoning Appeals (BZA).
(c) In addition to the requirements provided elsewhere in this chapter, applications for substantial modifications to wireless support structures 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.
3. A construction plan 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. Such plan shall be provided by a professional engineer licensed in the State of Indiana, and include the engineer's stamp and registration number.
4. If a special exception is required by this chapter, evidence showing that the application complies with the criteria set forth in this chapter with respect to the special exception.
(3) Installation of new wireless support structure.
(a) The installation of any new wireless support structure(s) shall be reviewed either by the Administrative Officer in the case of a permitted use or by the Board of Zoning Appeals as a special exception use consistent with the provisions of this chapter.
(b) In addition to the requirements provided elsewhere in this chapter for the receipt of a special exception use approval and an improvement location permit, applications for new wireless support structures or a complete replacement of an existing wireless support structure with a new wireless support structure 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.
3. A construction plan 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. Such plan shall be provided by a professional engineer licensed in the State of Indiana, and include the engineer’s stamp and registration number.
4. Evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option because collocation:
A. Would not result in the same wireless service functionality, coverage, and capacity;
B. Is technically infeasible; or
C. Is an economic burden to the applicant.
5. If a special exception is required by this chapter, evidence showing that the application complies with the criteria set forth in the chapter with respect to the special exception.
(4) Replacement of existing, legal nonconforming wireless support structure. Existing legal nonconforming wireless support structures may continue in use for their current purpose but may not be replaced unless either the replacement wireless support structure is an exact match to the height, setback, and other features of the removed wireless support structure, or the replacement wireless support structure complies in all respects to the requirements in this chapter. If such wireless support structures are hereafter damaged or destroyed due to any reason or cause whatsoever, the wireless support structure may be repaired and restored to its former location and physical dimensions upon obtaining an improvement location permit.
(E) Small-cellular facilities.
(1) Location. Small-cellular facilities are permitted in the R/WCO District, except for right-of-way having a "local" or "local-collector" functional classification as identified in the town's thoroughfare plan, and "alleys."
(2) Permitting. Any person or entity seeking to install small-cellular facilities, related equipment, a substantial modification, or collocate shall seek a right-of-way permit and telecommunications facility permit from the town. Additionally, a right-of-way bond and certificate of liability insurance, in amounts determined appropriate by the town, shall be required.
(3) Development standards.
(a) New small-cellular facilities shall be monopole design constructed to support the initial user and at least one additional user.
(b) A proposal for a new wireless support structure or wireless facilities shall not be approved unless the petitioner submits an affidavit that the telecommunications equipment planned for the proposed structure cannot be accommodated on an existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure due to one or more of the following reasons:
1. The planned telecommunications equipment would exceed the structural capacity of the existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure as documented by a qualified and licensed professional engineer and the existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost;
2. The planned telecommunications 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 the interference cannot be prevented at a reasonable cost;
3. The existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure 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 make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure; or
5. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure.
(c) The overall maximum antenna and tower height shall be 50 feet from grade level.
(d) The minimum tower separation shall be 1,000 feet between any other support structures primarily used for telecommunications, as measured in any direction between support structures, not necessarily a dimension measured parallel to a road right-of-way.
(e) Support structures must be metal or fiberglass monopoles matching the design and color of the town's non-residential street lights, as amended. The town reserves the right to require luminaires on support structures that match the town's street light luminaire specifications. Such luminaires shall be maintained in good working order, be illuminated consistent with the timing of other street lights along the corridor, at the cost of the applicant, including the cost of electricity.
(f) Any antenna equipment mounted to the support structure shall also be matching in color to the support structure.
(g) All facility equipment at a single facility (with the exception of the antenna itself) shall be ground mounted in a cabinet having an area not to exceed 40 cubic feet and no greater than 48 inches in overall height. Under special circumstances, contingent upon a mutual agreement, the town may allow a pole mounted cabinet with dimensions not exceeding 20 inches by 20 inches by six inches (20" x 20" x 6"), ground mounted cabinet not to exceed two feet by two feet by one foot (2' x 2' x 1') and other considerations, such as, but not limited to, the addition of shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, then the town Public Works Committee shall intervene and make a determination.
(h) All support structures shall have a plaque identifying the structure, the owner, and the owner's contact information; said plaque shall not exceed 0.25 square feet.
(i) All support structures shall avoid conflicts with sidewalks, multi-use trails, and other roadway and utility infrastructure.
(j) All conduit, wiring and fiber shall be concealed within the support structure and/or shall be buried underground. All new electrical service lines to the support structure and/or equipment shall also be underground. Existing aerial electrical service lines may remain. Under no circumstance shall any service drop crossing a street or roadway be run in any manner other than underground via a bore.
(k) Wireless support structures and facilities shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment 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. Specific requirements for aesthetics of the wireless support structures and facilities shall be in accordance with the standards established by the Public Works Committee, from time to time.
(4) Operation. A petitioner receiving a permit for a: (1) new construction of a wireless support structure; (2) substantial modification of wireless support structure; or (3) collocation of wireless facilities on an existing structure inherently agrees that if the wireless support structure or wireless facilities are not used for a period of six months, they will be removed by the facilities owner at its expense. Should such owner fail to remove the wireless support structure or wireless facilities after 30 days from the date of notice of violation is issued by the town, the town may remove such structure or facilities and bill the owner for the costs of removal and clean-up and restoration of the site. The owner of any facility shall annually file a copy of any inspections completed on such wireless support structure or wireless facilities with the town for continued operation and use of the structure or facility, and provide documentation of compliance with the financial assurance provisions of division (C) of this section.
(5) Confidential. All confidential information submitted by the petitioner shall be maintained to the extent authorized by I.C. 5-14-3 et seq.
(6) Application process.
(a) New wireless support structures.
1. Contents of application. An application for a permit shall include the following:
a. The name, business address, email address, telephone number, and point of contact for the applicant;
b. The location address, and Latitude and Longitude of the proposed or affected wireless support structure or wireless facility, and identify all small cell towers within 1,500 feet of the proposed new support structure;
c. A small cell facility construction plan, as defined herein, 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 sufficient to determine compliance with these standards; and
d. Evidence supporting the choice of location, including, without limitation:
(i) Maps or plats showing the proposed location(s) of applicant's proposed wireless support structure; and
(ii) A sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option based upon documentation by a qualified and licensed professional engineer.
2. Single application. An applicant may submit one application for multiple wireless service facilities that are located within R/WCO. The permit authority may issue a single permit for all wireless support structures and service facilities included in the application rather than individual permits for each wireless support structure and service facility.
3. Procedure.
a. Determination of completion/defects. Within ten business days of receipt of an application, the permit authority shall review the application to determine if the application is complete. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing, which shall be an email within the specified time period, and followed-up by a mailed letter which may not be within the specified time period, of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 30 business days of receiving the notice. If an applicant is unable to cure the defects within the 30 day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
b. Decision by permit authority. Not more than 14 business days after the permit authority makes an initial determination of completeness, the permit authority shall: (1) review the application to determine if it complies with applicable requirements of this division (E); (2) review the application to determine if it complies with standards required as established by the permit authority; and (3) notify the applicant in writing, which shall be an email within the specified time period, and followed-up by a mailed letter which may not be within the specified time period, whether the application is approved or denied. However, if the applicant requested additional time to cure defects in the application, the 14 business days shall be extended for a corresponding, reasonable amount of time.
4. Written determinations. A written determination, which shall be delivered via an email within the specified time period and followed-up by a mailed letter which may not be within the specified time period, shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include substantial evidence in support of the denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority.
(b) Substantial modification.
1. Contents of application. An application for substantial modification of a wireless support structure shall include: (a) the name, business address, email address, telephone number, and point of contact for the applicant; (b) the location of the proposed or affected wireless support structure or wireless facility; and (c) a small cell facility construction plan, as defined herein, that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.
2. Single application. An applicant may submit one application for multiple modifications of wireless support structures and service facilities that are located within R/WCO. The permit authority may issue a single permit for all wireless support structures and service facilities included in the application rather than individual permits for each wireless support structure and service facility.
3. Procedure.
a. Determination of completion/defects. Within ten business days of receipt of an application, the permit authority shall review the application to determine if the application is complete. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing, which shall be an email within the specified time period, and followed-up by a mailed letter which may not be within the specified time period, of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 30 business days of receiving the notice. If an applicant is unable to cure the defects within the 30 day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
b. Decision by permit authority. Not more than 14 business days after the permit authority makes an initial determination of completeness, the permit authority shall: (1) review the application to determine if it complies with applicable requirements of this division (E) of this section; (2) review the application to determine if it complies with standards required as established by the permit authority; and (3) notify the applicant in writing, which shall be an email within the specified time period, and followed-up by a mailed letter which may not be within the specified time period, whether the application is approved or denied. However, if the applicant requested additional time to cure defects in the application, the 14 business days shall be extended for a corresponding, reasonable amount of time.
4. Written determinations. A written determination, which shall be delivered via an email within the specified time period and followed-up by a mailed letter which may not be within the specified time period, shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include substantial evidence in support of the denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority.
(c) Collocation.
1. Contents of application. An application for collocation of a wireless support structure shall include:
a. The name, business address, email address, telephone number, and point of contact for the applicant;
b. The location of the proposed or affected wireless support structure or wireless facility;
c. Evidence of conformance with applicable building permit requirements; and
d. Evidence from a qualified and licensed professional engineer demonstrating the existing support structure can handle the additional equipment.
2. Single application. An applicant may submit one application to collocate multiple wireless service facilities that are located within R/WCO. The permit authority shall issue a single permit or all wireless service facilities included in the application rather than individual permits for each wireless service facility.
3. Procedure.
a. Determination of completion/defects. Within ten business days of receipt of an application, the permit authority shall review the application to determine if the application is complete. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing, which shall be an email within the specified time period, and followed-up by a mailed letter which may not be within the specified time period, of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 30 business days of receiving the notice. If an applicant is unable to cure the defects within the 30 day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
b. Decision by permit authority. Not more than 14 business days after the permit authority makes an initial determination of completeness, the permit authority shall: (1) review the application to determine if it complies with applicable requirements of this division (E) of this section; (2) review the application to determine if it complies with standards required as established by the permit authority; and (3) notify the applicant in writing, which shall be an email within the specified time period, and followed-up by a mailed letter which may not be within the specified time period, whether the application is approved or denied. However, if the applicant requested additional time to cure defects in the application, the 14 business days shall be extended for a corresponding, reasonable amount of time.
4. Written determinations. A written determination, which shall be delivered via an email within the specified time period and followed-up by a mailed letter which may not be within the specified time period, shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include substantial evidence in support of the denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority.
(7) Construction requirements. All wireless support structures, wireless facilities, telecommunication towers, accessory structures, and any associated equipment and wiring shall comply with the following requirements:
(a) All applicable provisions of the town's municipal code, zoning ordinance, subdivision control ordinance, and all other town ordinances, as amended.
(b) All applicable provisions of the Federal Communications Commission (FCC).
(c) All applicable provisions of the Building Code of the State of Indiana, as amended.
(d) All wireless facilities and support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code, as amended, and the Electronics Industry Association.
(e) All wireless facilities and support structures shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electric Code, as amended.
(f) All wireless facilities and support structures shall be constructed to conform with the requirements of the Occupational Safety and Health Administration (OSHA).
(g) All wireless facilities and support structures shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014; Ord. 041216-A, passed 4-12-2016; Ord. 101116-A, passed 10-11-2016)