Tower Ordinance Amendment

Transcription

1 Tower Ordinance Amendment

2 Ordinance Number AN ORDINANCE AMENDING CHAPTER 172 ZONING CODE COMMUNICATION TOWERS AND ANTENNAS OF THE NORTH LIBERTY CODE OF ORDINANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA: SECTION 1. AMENDMENT. That Chapter 172, "Zoning Code Communication Towers and Antennas," of the North Liberty Code of Ordinances be and the same is hereby amended by amending Chapter 172 to read as follows: CHAPTER 172 ZONING CODE COMMUNICATION TOWERS AND ANTENNAS Purpose and Policy Amendments Definitions Home Rule Local Regulation Facilities Located on City Property Setback and Maximum Height Requirements Noise and Emission Standards Abandonment Approval Process for All Towers PURPOSE AND POLICY. 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 DEFINITIONS. As used in this chapter: Antenna means a device, dish, or array used to transmit or receive telecommunication signals. Communications tower means a tower, pole, or similar structure which supports a telecommunications 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. Telecommunications 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, by a means which requires the approval or licensing by the Federal Communications Commission LOCAL REGULATION. 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 Page: 1

3 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 FACILITIES LOCATED ON CITY PROPERTY 1. LEASE REQUIRED. No tower or antenna owner shall use any public property without first obtaining a lease from the City. The Council may terminate any lease if it is determined that any one of the following conditions exists: A. A potential user of a higher priority cannot find another adequate location and the potential use would be incompatible with the existing tower use. B. An antenna owner s frequency broadcast unreasonably interferes with other uses of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis. C. A tower or antenna owner violates any of the standards in this Ordinance or the conditions or terms of the lease agreement with the City. D. Before taking any such termination action, the City will provide notice of the intended termination and the reasons for it to the owner and provide an opportunity for a hearing before City Council regarding the proposed action. This procedure need not be followed in emergency situations. 2. FEES AND REIMBURSABLE COSTS REQUIRED. No lease for the use of public property shall be granted without requiring the lessee thereof to pay a reasonable and competitively neutral fee for the use of that public property. 3. INSURANCE REQUIRED. The tower owner will produce proof of adequate liability insurance for potential damage that could reasonably be caused to City property and facilities by the location of the towers, antennas or facilities on City property. 4. LIMIT ON TERM. No lease for the use of public property under this chapter shall be granted for a term of more than 20 years. 5. SECURITY FOR REMOVAL REQUIRED. Upon reasonable notice the towers, antennas, or facilities may be required to be removed at the tower owner s expense. The tower owner shall submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of removing any tower, antenna, or related facilities. 6. PRIORITIES. Priority of the use of City-owned land will be given to the following entities in descending order of priority: A. All functions of the City. Page: 2

4 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 licensed commercial 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. 7. 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 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 SETBACK AND MAXIMUM HEIGHT REQUIREMENTS. 1. A tower must be set back: A. From all ID or residential lot lines a distance equal to or greater than the tower height. B. From lot lines of all other districts a distance equal to or greater than the height of the tower; however, if the tower manufacturer certifies the that the tower is designed to collapse within a smaller area, the setbacks may be reduced consistent with said certification but shall in no case be less than 50% of the height of the tower. Use of the tower manufacturer s certification to reduce the Page: 3

5 set back as described herein is subject to the review and approval of the City Engineer. 2. Any communications facilities located on the roof of an antenna support structure must be set back at least one foot from the edge of the roof of the structure. This setback requirement shall not apply to communications facilities located above the roof of the structure, if the facilities are: A. Appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the City; or B. Camouflaged antennas that are mounted to the exterior of the antenna support structures below the roof but do not protrude more than 24 inches from the side of such an antenna support structure. 3. The following height conditions apply: A. Commercial and Public Use Districts. Freestanding or guyed tower with a height not exceeding 200 feet. B. Industrial Districts. Freestanding or guyed tower with height not exceeding 360 feet NOISE AND EMISSION STANDARDS. No equipment shall be operated at towers or telecommunications facilities so as to produce noise in excess of applicable standards under WAC173-60, except during emergencies or periodic routine maintenance which requires the use of a backup generator where the noise standards may be exceeded temporarily ABANDONMENT. In the event the use of any communications tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Administrator, who shall have the right to request documentation and/or affidavits from the communications tower owner regarding the issue of tower usage. At 181 days after the date of abandonment, without reactivating or upon completion of dismantling or removal, any approval for the tower shall automatically expire. Upon abandonment, the owner of the tower shall have an additional 90 days within which to reactivate the use of the tower, transfer the tower to another owner who makes actual use of the tower within the 90 days, or dismantle and remove the tower. If not done within this 90 day period, the City may dismantle and remove the tower with all costs assessed to the tower owner APPROVAL PROCESS FOR ALL TOWERS. The following procedures shall apply to all communication tower or antenna facilities on public or private property. 1. Submission Materials and Basis for Approval or Denial. The following information shall be submitted to the City Planning Director and will be utilized by the City in review of the application, except that items C, E, F, G, I and O are not required if the antenna is proposed to be located on a tower owned by the City or a tower constructed at the City s direction and intended to be used for colocation of antennas: A. The fee as set for Site Plan Review Applications. Page: 4

6 B. One copy of specifications for proposed structures and antennas, including a description of the design characteristics and material to be used. C. A Site Plan drawn to scale showing existing features including property lines; existing structures and other improvements; proposed features including tower location, tower height, guy wires and anchors, photographs or elevation drawings depicting design of the proposed structures, parking, fences, and landscape plan. The Site Plan is not required if the antenna is to be mounted on an existing structure. D. A current map or update for an existing map on file showing the locations of the owner s existing antennas or facilities and proposed towers. E. A report from a structural engineer showing the tower antenna capacity by type and number and a certification that the tower is designed to withstand winds in accordance with ANS/EIA/TIA-222 (latest revision) standards. C. Identification of the owners of all antennas and equipment to be located on the site. D. Written authorization from the site owner for the application. F. Evidence that a valid FCC license for the proposed activity has been applied for or issued. G. A line of site analysis that shows the potential visual impacts of a tower, as directed by the City Planning Director. The analysis may be required for up to 6 different vantage points to fully understand the impact on North Liberty neighborhoods. H. A written agreement to remove the tower, antenna, and/or facilities within 180 days after cessation of use. E. A map showing all structures within 200 feet of the proposed tower. I. Certificate from a registered engineer indicating that the proposed facility will contain only equipment meeting FCC rules. J. Agreement in writing from the owner to provide indemnification of the municipality and proof of liability insurance or financial ability to respond to claims in an amount set by the City Administrator. K. Additional information, as requested by the City, to determine that all applicable zoning regulations are met. L. The names, addresses, and telephone numbers of all owners of other towers or usable tower support structures within a half mile radius of the proposed new tower site, including City-owned property; and written documentation that the owner made diligent but unsuccessful efforts for a minimum of 40 days prior to the submission of the application to install or collocate the proposed telecommunications facilities on towers or usable antenna support structures owned by the City and other owners located within a half mile radius of the proposed tower site; or written technical evidence from a structural engineer that (a) the proposed tower or facilities cannot be installed or collocated on another owner s tower or support structure within one-half mile radius of the proposed tower and (b) must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. Page: 5

7 3. Review and Action. The following process shall be observed in the review and final city action on any application: A. Upon receipt of the application, the City Clerk shall forward copies of the material to a City staff committee made up of the City Administrator, the City Clerk, the City Attorney, the City Engineer, the City Building Official and the City Planning Director who shallcoordinate its activities. B. The City Staff Committee shall review the application for conformance to City Code provisions and issue a draft report for the owner s review and response. Said report may contain additional submission requirements, recommendation for approval with or without special conditions, or recommendation for denial with rationale; and shall be prepared within 30 days of the application filing. C. The owner shall provide a response to the draft report in writing, and the staff report shall be finalized and placed on the City Council meeting agenda together with the owner s submission materials and all related documents within 30 days of receipt of the response and any additional information required in the draft report. D. The City Council may approve the application with no conditions, approve the application with conditions, or disapprove the application by simple majority vote AMENDMENTS. The antenna or tower owner may petition the Council, which with such requirements or limitations as it deems necessary to protect public health, safety and welfare, may provide for an amendment of an existing approval through the process outlined in section HOME RULE. This chapter is intended to be and shall be construed as consistent with the reservation of local authority contained in the 25th Amendment to the Iowa Constitution granting cities home rule powers. To such end, any limitation on the power of the City contained herein is to be strictly construed, and the City reserves to itself the right to exercise all power and authority to regulate and control its local affairs, and all ordinances and regulations of the City shall be enforced against the owners of any towers or antennas. District Use Tables Changes: Add towers and antennas subject to approval as provided in Chapter 172 : C-2-A, C- 2-B, Public Use, I- 1, I-2 Not added to: ID, all residential zones, C-1-A, C-1-B, CRV,O/RP SECTION 7. REPEALER. All Ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 8. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 9. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Page: 6

8 First reading passed on. Second reading passed on. PASSED AND APPROVED on third and final reading on. CITY OF NORTH LIBERTY By: Thomas A. Salm, Mayor Attest: Tracey Mulcahey, City Clerk Drafted and approved as to form by City Attorney: Scott C. Peterson, City Attorney I certify that the forgoing was published as Ordinance No. in the North Liberty Leader on the day of, 20. Tracey Mulcahey, City Clerk Page: 7