(A) Permits. A person that provides wireless communications service or otherwise makes available infrastructure for wireless communications service must apply for a permit through the permit authority to:
(1) Construct or locate a new small cell facility or wireless support structure;
(2) Perform a substantial modification to a wireless support structure; or
(3) Collocate wireless facilities on existing structures.
(B) Permit fee. The permit Fee for each application submitted under this chapter $100, excluding any fees for the construction, placement or use of small cell facilities on utility poles owned or controlled by the town.
(C) Antenna shielding preference. The town desires to maintain the beauty of its community. Where possible, applicants shall place the antenna inside the pole when erecting a new pole or replacing a current pole.
(D) Collocation preference. The permit authority may propose, as an alternative location for a proposed small cell facility or wireless facility, that the 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.
(E) Specifications. New wireless facilities and wireless support structures located within the town’s ROW shall meet the following specifications:
(1) Overall maximum antenna and tower height. Thirty-five feet from AGL (at grade level). The antenna, including antenna panels, whip antennas, or dish-shaped antennas, cannot have a surface area of more than seven cubic feet in volume.
(2) Minimum tower separation and clearance requirements. Wireless support structures may be attached to a utility pole, existing wireless support structures or small cell facilities and city-owned infrastructure only where such pole, structure or infrastructure is located no closer than a distance equal to 100% of the height of such facility to any residential building and no closer than 1,200 feet from any other personal wireless telecommunication facility. If the facilities are located in the public ROW, a separation or lesser clearance may be allowed by the permit authority an administrative variance to this chapter when the applicant establishes that the lesser separation or clearance is necessary to close a significant coverage or capacity gap in the applicant’s services, or to otherwise provide adequate services to customers, and the proposed antenna or facility is the least intrusive means to do so within the ROW.
(3) Wireless support structures or small cell facilities must consist of metal poles matching the town’s street light poles, per engineering specifications as may be amended from time to time by the Town Building and Planning Department. Wireless support structures and small cell facilities shall include luminaires that match the town’s specifications for lighting and be maintained in good working order at the cost of the applicant, including, but not limited to the cost of electricity. Any antenna equipment, components, or facilities mounted to the support structures (antenna or other permitted equipment) shall also be matching in color to the pole.
(4) 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 overall height. Under special circumstances based on a mutual agreement, the permit authority may allow a pole mounted cabinet with dimension 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 shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, the Town Building and Planning Department shall intervene and make a determination.
(5) All support structures shall have a plaque identifying the structure, the owner and the owner’s contact information, and said plaque shall not exceed one-quarter of a square foot.
(6) All wiring and fiber shall be concealed within the wireless support structure or small cell facility, and all conduit, wiring and fiber shall be buried between structures and/or structures and ground mounted cabinets. All service lines (e.g., electric lines) to the wireless support structure or small cell facility must be buried, unless the service lines in the area adjacent to the wireless support structure or small cell facility are aerial. If so, the service lines to the wireless support structure or small cell facility can also be aerial, except for any service drop crossing a street or roadway. In this situation, the service lines would need to be bored and located under such street or roadway.
(7) Wireless support structures and small cell facilities and their components, shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment and 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 the aesthetics of the wireless support structures and small cell facilities and their components shall be in accordance with standards established by the Town Building and Planning Department, from time to time.
(8) Grounding. The wireless support structure or small cell facility, and its components must be grounded in accordance with the requirements of the electrical code currently in effect in the town.
(F) Continued operation. A person receiving a permit for: (1) new construction of a 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, inherently agrees that if the wireless support structure, small cell facility, or wireless facilities are not used for the intended purpose for a period of six consecutive months, they will be removed by the facilities owner at its expense. Should such owner fail to remove the wireless support structure, small cell facility, or wireless facility after 30 business days from the date a 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 cleanup of the site. A failure to timely pay such fee may result in the imposition of a lien against the facility owner and the prohibition of the issuance of a new permit under this chapter. The owner of any facility shall annually file a copy of any inspections completed on such wireless support structure, small cell facility or wireless facilities with the permit authority for continued operation with the use of the wireless support structure, small cell facility, or wireless facilities.
(G) Confidential information. All confidential information submitted by an applicant shall be maintained to the extent authorized by IC 5-14-3 et seq.
(Ord. 2022-05, passed 4-27-22)