(1) General standards.
(a) Permits. A person that provides wireless communications services or otherwise makes available infrastructure for wireless communications services may apply for a permit to: locate a wireless facility or wireless support structure; perform a substantial modification; or collocate wireless facilities on existing structures in the ROW Overlay District.
1. An applicant shall demonstrate that the proposed wireless facility, wireless support structure, or substantial modification thereof complies with the requirements of this ROW Overlay District.
2. The following require a special exception to be granted or modified by the Board of Zoning Appeals prior to administrative appeal of the permit application.
a. Locating or constructing a new wireless facility or wireless support structure.
b. Perform a substantial modification on an existing wireless facility or wireless support structure.
3. The following may be approved administratively.
a. Collocate wireless facilities on an existing structure in the ROW Overlay District.
(b) Collocation preference.
1. At a minimum, new wireless facilities shall be a monopole constructed to support the initial user plus the anticipated loading or one additional user.
2. The site of the initial wireless facility at any location shall be of sufficient area to allow for the location of one additional wireless facility.
3. 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. The wireless support structure shall be designed to allow for the future rearrangement of cellular communications equipment and antennas upon the structure and to accept cellular communications equipment and antennas mounted at varying heights.
4. A proposal for a new wireless support structure shall not be approved unless the person submits an affidavit that the telecommunication equipment planned for the proposed wireless support structure cannot be accommodated on an existing or approved utility pole or electrical transmission tower or other structure due to one or more of the following reasons:
a. The planned telecommunication equipment would exceed the structural capacity of the existing or approved utility pole or electrical transmission tower, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved utility pole or electrical transmission tower, buildings, or structures cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost; or
b. The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunications 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; or
c. The existing or approved utility pole or electrical transmission tower, buildings, or structures within the search radius cannot accommodate the planned telecommunications equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; or
d. The person has been unable to enter a commonly reasonable lease term with the owners of existing utility pole or electrical transmission tower, buildings, or structures.
(c) Specifications. Beginning on the effective date, new wireless facilities and wireless support structures shall meet the following specifications:
1. Overall maximum antenna and tower height: Forty feet from grade.
2. Minimum tower separation: One thousand feet between any other wireless support structure primarily used for telecommunications, measured in any direction between wireless support structures, not necessarily in a dimension measured parallel to a road right-of-way.
3. Wireless support structures must be metal or fiberglass poles matching the town’s approved street light poles, per engineering specifications as may be amended from time to time by the Town Council. Support structures 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 the cost of electricity. Any antenna equipment mounted to the support structures (antenna or other permitted equipment) shall also be matching in color to the support structure.
4. All facility equipment at a single facility with the exception of the antenna itself shall be mounted in one of these three manners in order of preference:
a. In an underground vault no greater than 50 cubic feet flush mounted at grade.
b. Ground mounted in a cabinet having an area not to exceed 40 cubic feet and no greater than 48 inches in overall height.
c. Pole-mounted equipment may be permitted within a cylindrical cabinet or an approved town street identification monolith, subject to the following requirements:
i. Cabinet.
A. Cabinet shall be mounted flush with the grade and shall not exceed five feet in height;
B. The cabinet must not extend more than two feet from the pole. The pole structure need not extend to the ground if the cylindrical cabinet has sufficient structural integrity to support the weight of the pole and equipment;
C. The cabinet must be painted to match the approved pole;
D. All equipment must be placed within the cabinet in a manner so that it is not visible from any point on the public rights-of-way;
E. The top of the cylinder must taper back to the pole in a manner that minimizes the visual impact of the cylinder. This tapered section may extend one foot above the cylinder; and
F. The owner of the structure is responsible for all maintenance of the structure and cabinets.
ii. Town identification monolith.
A. Monolith style equipment cabinets shall not be allowed more than 100 feet from an intersection;
B. Monolith shall be mounted flush with the grade and shall not exceed ten feet in height;
C. Monolith sides shall not exceed four feet in width;
D. The information panel must use the logo, typeface, and colors approved in the town graphic standards and the message must be approved by the Plan Commission;
E. Streets and not-for-profits/government facilities (i.e. Plainfield/Guilford Township Public Library, Richard A. Carlucci Rec Center, Plainfield Baptist Church, Plainfield High School);
F. All equipment must be placed within the monolith in a manner so that it is not visible from any point on the public rights-of-way; and
G. The owner of the structure is responsible for all maintenance of the structure, monolith, and approved information panels on the monolith.
5. 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.
6. All wiring and fiber shall be concealed within the support structure 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 support structure must also be buried unless service lines in the area of the support structure are aerial. The service lines to the support structure can also be aerial, except for any service drop crossing street or roadway which would need to be bored and placed under such street or roadway.
7. Wireless support structures and wireless facilities 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 aesthetics of the wireless support structures and facilities shall be in accordance with the standards established by the Plainfield Town Council, from time to time.
(d) Continued operation. A person receiving a permit for a new construction of a new wireless support structure; substantial modification of a wireless support structure; or collocation of wireless facilities on an existing structure inherently agrees that if the wireless support structure or wireless facilities are not used for six consecutive months, they will be removed by the facilities owner at its expense. Should 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 town, the town may remove such structure or facilities and bill the owner for the costs of removal and cleanup 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 permit authority for continued operation and use of the wireless support structure or wireless facilities.
(e) Confidential information. All confidential information submitted by an applicant shall be maintained to the extent authorized by I.C. 5-14-3 et seq.
(2) Application and procedure. The following shall be required for all new wireless support structures, substantial modifications, or collocation.
(a) Contents of application. An application for a permit shall include the following:
1. The name, business address, and point of contact for the applicant;
2. The location address, and latitude and longitude of the proposed or affected wireless support structure or wireless facility, and identify all small cell facilities within 1,500 feet of the proposed new support structure;
3. A construction plan, as defined herein, that describes the proposed wireless support structure and all equipment and network components, including antenna, transmitters, receivers, base stations, power supplies, cabling, and related equipment sufficient to determine compliance with these standards; and
4. Evidence supporting the choice of location, including, without limitation:
a. Maps of plats showing the proposed location (s) of the applicant’s proposed wireless support structure; and
b. 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.
(b) Single application. An applicant may submit one application for up to three wireless service facilities that are located with ROW Overlay District. The permit authority may issue a single permit for all wireless support structures and service facilities included in the applicant rather than individual permits for each wireless support structure and service facility. Each individual facility will be assessed a fee as if the applications had been submitted separately.
(c) Variances. If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, the applicant shall additionally submit evidence showing the application complies with the criteria for a variance of use from the terms of the zoning ordinance.
(d) Procedure.
1. 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 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.
2. Decision by the permit authority. Not more than 14 business days after the permit authority makes an initial determination of completeness, the permit authority shall:
a. Review the application to determine if it complies with the applicable requirements of this Article;
b. Review the application to determine if it complies with the standards as required as established by the permit authority; and
c. Notify the applicant in writing 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.
(e) Written determination. A written determination shall clearly state 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.
(3) Construction requirements. All antennas, telecommunications towers, accessory structures, and any other wiring constructed shall comply with the following requirements:
(a) All applicable provisions of the Zoning Ordinance and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable;
(b) 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;
(c) All wireless facilities and support structures shall be designed to conform with the accepted electrical engineering methods and practices and to comply with the provisions of the National Electric Code, as amended;
(d) All wireless facilities and support structures shall be constructed to conform with the requirements of the Occupational Safety and Health Administration (OSHA); and
(e) All wireless facilities and wireless support structures shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
( Ord. 16-2016, passed 7-11-2016)