(A) Applicability. The regulations in this section shall apply to small cell networks and facilities located within the public right-of-way within the planning and zoning jurisdiction of the city. Those facilities not located in the public right-of-way shall be subject to the regulations of § 159.129, Wireless Telecommunications Service Facilities.
(B) Application Requirements.
(1) Contents of Application. An application for a wireless support structure and wireless facility shall include the following:
(a) The name, business address, and point of contact for the applicant;
(b) The location of the proposed or affected wireless support structure or wireless facility, including location map, address, and latitude and longitude;
(c) 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;
(d) The location of all existing wireless support structures within 1,500 feet of the proposed wireless support structure; and
(e) If applicable, 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 co-location of wireless facilities on an existing wireless support structure was not a viable option because co-location:
1. Would not result in the same wireless service functionality, coverage, and capacity;
2. Is technically infeasible; or
3. Is an economic burden to the applicant.
(f) A copy of any applicable encroachment or location permits from entities other than the city. In the event that an application is submitted for a facility that is in the planning and zoning jurisdiction of the city, but requires an encroachment or location permit from an entity other than the city, the applicant shall first obtain all other required permits. A copy of those permits shall be submitted to the city with the permit application.
(g) Construction plans for the proposed facility shall include the following elements:
1. A written plan for construction of a new wireless support structure which demonstrates that the aesthetics of the wireless support structure is substantially similar to the street lights located nearest the proposed location;
2. 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;
3. A structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundation’s capacity;
4. The identity and qualifications of each person directly responsible for the design and construction; and
5. Signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and wireless support structure and all easement and existing structures within 200 feet of the wireless facility or wireless support structure, including the distances from roadways, sidewalks, trails, driveways, and entrances.
6. For a substantial modification of an existing wireless facility or wireless support structure, a plan 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, along with any relevant engineering information relating to the support structure.
(2) An applicant may submit one application for multiple wireless support structures and wireless service facilities that are located within the city. A single permit shall be issued for those multiple locations, but a fee shall be assessed for each location.
(3) Procedure.
(a) Determination of a complete application. Within ten business days of receipt of an application, the department shall determine if the application is complete. If the application is not complete, the applicant shall be notified in writing of all defects in the application. If the applicant is not notified an in writing of all defects in the application, the application is considered complete.
(b) An applicant that receives written notice of an incomplete application or an application with deficiencies may cure the defects and resubmit the corrected application within 30 days of receiving the notice. If an applicant is unable to cure the defects within the 30-day period, the applicant shall notify the department of the additional time the applicant requires to cure the defects.
(c) Not more than 90 days after making an initial determination of completeness, the department 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 whether the application is approved or denied. If the applicant has requested additional time to cure the defects, the 90-day period is extended for a corresponding amount of time.
(d) A written determination shall state clearly the basis for the decision to approve or deny an application. If the department denies the 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.
(e) In all instances, the Department of Planning shall transmit to the Street Department a copy of the permit application as notice of encroachment locations.
(C) Location Limitations.
(1) There must be a minimum of 1,320 feet between any support structures used for telecommunications, measured in any direction between support structures. This measurement is not necessarily a dimension measured parallel to a road right-of-way.
(2) The wireless support structure shall be placed so as to not interfere with the construction, maintenance, or safe operation of vehicular and pedestrian transportation infrastructure. The support structures shall be at least two feet from the edge of pavement for pedestrian transportation infrastructure. The support structures shall be outside the clear zone per the Indiana Design Manual for vehicular transportation infrastructure.
(3) The wireless support structure must be located on a roadway with a classification on the Noblesville Thoroughfare Plan of expressway, primary arterial, secondary arterial, or collector streets.
(4) Wireless support structures are prohibited on local streets, as defined in § 159.016.
(5) The applicant must make reasonable efforts to avoid obstruction or location in front of existing ground signage and entry features. Whenever feasible, the facilities shall be placed so as to not be located within ten feet of edge of the ground signage or entry feature.
(D) Specifications. New wireless facilities and wireless support structures shall meet the following specifications.
(1) Maximum Height. The wireless support structure shall not be taller than adjacent existing utility poles within 1,320 feet. If there are no existing utility poles, the wireless support structures may be no more than 40 feet in height in residential areas, and 50 feet in height in non-residential areas.
(2) Support structures must be metal or fiberglass poles matching the city’s street light poles, per the city standards contained in Appendix F of the Unified Development Ordinance, which may be amended from time to time. The support structures, cabinets, and any antenna mounted to the support structures shall be painted Deep Hemlock (Porter Paints, Color No. 6348-5).
(3) At a minimum, new wireless support structures shall be a monopole constructed to support the initial user plus the anticipated loading of one additional user.
(4) Any proposed wireless support structure shall be designed and engineered structurally, electrically, and in all other respects, to accommodate both the initial wireless facility and one additional wireless facility.
(5) 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 dimensions not exceeding 20 inches by 20 inches by six inches, and a ground-mounted cabinet not exceeding two feet by two feet by one foot. If a pole-mounted cabinet is permitted, the facility will need to include additional shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, then the Board of Public Works shall intervene and make a determination.
(6) All support structures shall have a plaque identifying the structure, the owner, and the owner’s contact information. This plaque shall not exceed 0.25 square feet.
(7) All wiring and fiber for the facility shall be concealed within the support structure. All conduit, wiring, and fiber shall be buried between structures and/or structures and ground-mounted cabinets. All service lines, including fiber optic and electric lines, to the support structure must also be buried, unless service lines in the area of the support structure are aerial. If the aerial service lines are located on the opposite side of the street or roadway, the service drop crossing would need to be bored and placed under the street or roadway. No aerial crossings or pavement cuts are permitted.
(8) If relocation of wireless support structures is necessary to accommodate vehicular and/or pedestrian transportation improvements, the wireless support structure is to be moved at the utility company’s expense.
(9) Wireless support structures must be separated from existing underground utility facilities per industry standards. For larger diameter pipes (water, gas, sewer, and the like) the support structure must be offset the depth of the pipe, with a minimum of three feet separation.
(10) The wireless support structure and wireless facilities shall comply with the requirements of the Building Code of the State of Indiana, as amended, the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), when applicable.
(11) 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 Building Code of the State of Indiana, as amended, and the Electronics Industry Association.
(12) All wireless facilities and support structures 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.
(13) All wireless facilities and support structures shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).
(14) 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.
(E) Continued Operation. A person receiving a permit for the construction of a new wireless support structure, substantial modification of a wireless support structure, or co-location 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 consecutive months, they will be removed by the facility owner at their expense. Should the owner fail to remove the wireless support structure or wireless facilities after 30 business days from the date a notice of violation is issued by the city, the city may remove the structure or facilities and bill the owner for the costs of its removal and cleanup of the site.
(Ord. 01-01-17, passed 1-24-17)