172.01 Purpose and Policy | 172.07 Abandonment |
172.02 Definitions | 172.08 Approval Process for All Towers |
172.03 Local Regulation | 172.09 Amendments |
172.04 Facilities Located on City Property | 172.10 Home Rule |
172.05 Setback and Maximum Height Requirements | 172.11 Permitting and Inspections |
172.06 Noise and Emission Standards | 172.12 Notifications |
The Council finds that in order to ensure public safety; provide efficient delivery of services by the City and others wishing to utilize wireless communication technologies; ensure the health, safety, and welfare of the population; provide for the regulation and administration and orderly location of antenna arrays and towers; and secure the rights of the City to regulate its public property and charge a reasonable fee for use of public property, it is necessary for the City to establish these uniform rules, regulations and policies.
As used in this chapter:
"Antenna" means a device, dish, or array used to transmit or receive telecommunication signals.
"Communications" means the electronic, telephonic, or other high-tech transmission, reception, or exchange of data or information between or among points specified by the user of information of the user's choosing, without change in the form or content of the information as sent or received.
"Communications tower" means a tower, pole, or similar structure which supports a communications antenna operated for commercial purposes above ground in a fixed location, whether free standing, guyed, or on a building.
"Height" means the distance from ground level at the base of the tower or the base of any supporting structure to the top of the structure including any antenna(s) or other appurtenances.
The Telecommunications Act of 1996 prohibits the City from establishing policies that discriminate against one or a group of providers in favor of another or another group of providers or potential providers. The following objectives shall be applied consistently to all telecommunications providers that request a location for their communication towers and antennas:
1. To minimize the overall number of towers located in the City, providers may be required to participate in collocation agreements.
2. To ensure that new towers will blend into their environment, providers will propose designs consistent with site characteristics.
3. To maximize safety new towers will be located away from population and employment centers and siting of new towers will include fall zone setbacks as specified herein.
1. Lease Required. No tower or antenna owner shall use any public property without first obtaining a lease from the City.
2. Insurance Required. The tower owner will produce proof of adequate liability insurance for potential damage that could reasonably be caused to City personnel, property and facilities by the location of the towers, antennas or facilities on City property.
3. Priorities. Priority of the use of City-owned land or structures will be given to the following entities in descending order of priority:
A. All functions of the City.
B. Public safety agencies that are not part of the City, including law enforcement, fire and ambulance services, and private entities with a public safety agreement with the City.
C. Other governmental agencies for uses which are not related to public safety.
D. Entities providing communication services, including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public for business and/or personal use.
4. Placement of Facilities. The placement and maintenance of communication towers, antennas, and facilities on City-owned sites, such as water towers and parks, will be considered when the following requirements are met:
A. Water Tower or Reservoir Sites. The City's water tower and reservoir represent a large public investment in water pressure stabilization and peak capacity reserves, and its protection is of prime importance. For that reason, the placement of communication towers or antennas on water towers or reservoir sites will be allowed only when the following requirements are found by the City to be met:
(1) The owner must have approval from the City each time access to any equipment mounted on a water tower is desired. This will minimize the risk of contamination to the water supply.
(2) There is sufficient room on the structure and/or the grounds to accommodate the owner's facilities.
(3) The presence of the facility will not substantially increase the water tower or reservoir maintenance costs to the City.
(4) The presence of the facility will not be harmful to the health or safety of workers maintaining the water tower or reservoir.
B. Parks. The presence of communications towers, antennas, or similar facilities represents a potential conflict with the purpose of City-owned parks and recreational facilities. Communications towers and antennas will be considered only in park facilities that are remote from places where people regularly live, work or gather and large enough to accommodate the use without significant impact to adjacent property owners, after recommendation of the Parks and Recreation Commission and approval of the Council.
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