Cell phone towers are seen all across America, but there is new technology coming online to enhance cell phone coverage without adding a large number of old-fashioned towers. This involves placing micro cell antennas on existing utility poles.
A task force has been at work hashing out the language of a new text amendment to the Unified Development Ordinance (UDO) in the form of a new city ordinance allowing and restricting such micro cell towers located in the City of Fishers.
The Fishers Plan Commission will hold a public hearing on the proposed text amendment to the UDO, a zoning issue, at the August 11th meeting, at City Hall, starting as 6:30pm.
The proposed text amendment would allow the micro cell towers, but require that they be placed 1,000 feet apart, meet specific standards as to how they appear and would not be allowed in residential neighborhoods.
Below you will find the actual proposed ordinance that will be the subject of the public hearing. Note that such as ordinance would need the approval of the Fishers City Council in order to become law.
SMALL CELL FACILITIES STANDARDS (SCTC)
5.106 SCTC-01: Small Cell Telecommunication Facilities; JURIS-OL
Statement of Purpose: The purpose of this section is to provide for sensible and reasonable land use standards to allow for the provision of adequate reliable public and private telecommunication service; and whereas, there is a need for the use of small cell facilities for telecommunications in order to serve the telecommunications needs of the area; and whereas, there is a need to minimize the adverse, undesirable visual effects of such small cell facilities and to provide for the reasonable location of such facilities in the City of Fishers.
This Small Cell Facilities Standards (SCTC) section applies to the following zoning district:
A. Definitions: For purposes of this Section 5.106 SCTC-01, consistent with Ind. Code 8-1-32, et. seq., the words and phrases below are defined as follows:
1. “antenna” means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
2. “base station” means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
3. “collocation” means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.
4. “construction plan” when referring to a new wireless support structure means a written plan for construction that demonstrates that the aesthetics of the wireless support structure is substantially similar to the street lights located nearest the proposed location; 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; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity; the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and wireless support structure and all easements and existing structures within one thousand (1,000) feet of such wireless facility or wireless support structure. “construction plan” when referring substantial modification of an existing wireless facility or wireless support structure means 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.
5. “electrical transmission tower” means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole.
6. “equipment compound” means the area that: (1) surrounds or is near the base of a wireless support structure; and (2) encloses wireless facilities.
7. “existing structure” does not include a utility pole or an electrical transmission tower.
8. “permit authority” means the staff of the City of Fishers and the applicable board of zoning appeals within the jurisdiction of the City of Fishers.
9. “person” means an a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
10. “small cell facility” means: (1) a personal wireless service facility as defined by the Act or (2) a wireless service facility that satisfies the following requirements: (a) each antenna, including exposed elements, has a volume of three (3) cubic feet or less; (b) all antennas, including exposed elements, have a total volume of six (6) cubic feet or less; and (c) the primary equipment enclosure located with the facility has a volume of seventeen (17) cubic feet or less.
11. “small cell network” means a collection of interrelated small cell facilities designed to deliver wireless service.
12. “substantial modification of a wireless support structure” means the mounting of a wireless facility on a wireless support structure in a manner that: (1) increases the height of the wireless support structure by the greater of: (a) ten percent (10%) of the original height of the wireless support structure; or (b) twenty (20) feet; (2) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of: (a) twenty (20) feet; or (b) the width of the wireless support structure at the location of the appurtenance; or (3) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred (2,500) square feet.
The term substantial modification does not include the following: (1) increasing the height of a wireless support structure to avoid interfering with an existing antenna; (2) increasing the diameter or area of a wireless support structure to: (a) shelter an antenna from inclement weather; or (b) connect an antenna to the wireless support structure by cable.
13. “utility pole” means a structure that is: (1) owned or operated by: (a) a public utility; (b) a communications service provider; (c) a municipality; (d) an electric membership corporation; or (e) a rural electric cooperative; and (2) designed and used to: (a) carry lines, cables, or wires for telephone, cable television, or electricity; or (b) provide lighting.
14. “wireless facility” means the set of equipment and network components necessary to provide wireless communications service. The term does not include a wireless support structure.
15. “wireless support structure” means a freestanding structure designed to support wireless facilities. The term does not include a utility pole or an electrical transmission tower
B. Limitation to JURIS-OL: Small cell facilities for telecommunications are limited to placement in the zoning district of JURIS-OL. Small cell facilities for telecommunications are not permitted within JURIS-OL right-of-way having “Local” functional classification as defined in the City’s Transportation Plan.
C. General Standards.
1. Permits. A person that provides wireless communications service or otherwise makes available infrastructure for wireless communications services may apply for a permit to (a) locate a wireless facility or wireless support structure, (b) perform a substantial modification or (c) collocate wireless facilities on existing structures in the JURIS-OL.
An applicant shall demonstrate that the proposed wireless facility, wireless support structure or substantial modification thereof complies with the requirements of this JURIS-OL.
2. Collocation Preference.
(a) At a minimum, new wireless facilities shall be a monopole constructed to support the initial user plus the anticipated loading of at least one additional user.
(b) The site of the initial wireless facility at any location shall be of sufficient area to allow for the location of one (1) additional wireless facility.
(c) 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 support structure shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the structure and to accept cellular communication equipment and antennas mounted at varying heights.
(d) A proposal for a new wireless support structure shall not be approved unless the person submits verification 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 (1) or more of the following reasons:
(1) 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
(2) The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunication 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
(3) The existing or approved utility pole or electrical transmission tower, buildings or structures within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; or
(4) Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved utility pole or electrical transmission tower, building or structure; or
(5) 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.
3. Specifications. Beginning on the effective date of August 1, 2015, new wireless facilities and wireless support structures shall meet the following specifications:
(a) Maximum Tower Height: 46 feet.
(b) Minimum Tower Separation: 1,000 feet between any other support structure primarily used for telecommunications, measured in any direction between support structures, not necessarily a dimension measured parallel to a road right-of-way.
(c) Support structures must match the City’s street light poles, per engineering specifications as may be amended from time to time by the Fishers Board of Public Works and shall be “Fishers Green” which is commonly called Lilly Industries “Holiday Green” RAL 6004. Support structures shall include luminaires that match the City’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
(d) All facility equipment at a single facility, with the exception of the antenna itself, shall be ground mounted in a cabinet having dimensions no greater than 44” wide by 24” deep by 52” height, as may be amended from time to time by the City’s Board of Public Works. Maximum Antenna dimensions: ________, ________ and ________.
(e) 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.
(f) 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.
(g) Wireless support structures and 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 standards established by the Fishers Board of Public Works, from time to time.
4. Continued Operation. A person receiving a permit for a new (1) construction of a new wireless support structure; (2) substantial modification of a wireless support structure; or (3) collocation 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 (6) consecutive months, they will be removed by the facilities owner at its expense. Should such owner fail to remove the wireless support structure or wireless facilities after thirty (30) days from the date a Notice of Violation is issued by the City, the City 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.
5. Confidential Information. All confidential information submitted by an applicant shall be maintained to the extent authorized by Ind. Code 5-14-3 et.
D. New Wireless Support Structures.
1. Contents of Application. An application for a permit 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;
(c) A construction plan, as defined herein, 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) Evidence supporting the choice of location, including, without limitation
(1) maps or plats showing the proposed location(s) of applicant’s proposed wireless support structure; and
(2) 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.
2. Single Application. An applicant ma y submit one (1) application for multiple wireless service facilities that are located within JURIS-OL. The permit authority may issue a single permit for all wireless support structures and service facilities included in the application rather than individual permits for each wireless support structure and service facility.
3. Special, Contingent or Conditional Use or Special Exception. If the underlying zoning designation requires a special exception, special use, contingent use, or conditional use be approved for the proposed wireless support structure, the applicant shall additionally submit evidence showing that the application complies with the criteria set forth in the zoning ordinance with respect to the special exception, special use, contingent use, or conditional use must be included with the application.
4. Variances. If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, the applicant shall additionally submit evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance.
5. Procedure.
(a) Determination of Completion/Defects. Within ten (10) 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 thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(b) Decision by Permit Authority. Not more than fourteen (14) days after the permit authority makes an initial determination of completeness, the permit authority shall: (1) review the application to determine if it complies with applicable requirements of this 5.106 SCTC-01; (2) review the application to determine if it complies with standards required as established by the permit authority, and (3) 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 fourteen (14) days shall be extended for a corresponding, reasonable amount of time.
6. Written Determinations. A written determination shall state clearly 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.
E. Substantial Modification.
1. Contents of Application. An application for substantial modification of a wireless support structure shall include:
(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; and
(c) A construction plan, as defined herein, 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.
2. Single Application. An applicant may submit one (1) application for multiple modifications of wireless support structures and service facilities that are located within JURIS-OL. The permit authority may issue a single permit for all wireless support structures and service facilities included in the application rather than individual permits for each wireless support structure and service facility.
3. Special, Contingent or Conditional Use or Special Exception. If an applicable zoning ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed substantial modification of a wireless support structure, the application shall include evidence showing that the application complies with the criteria set forth in the ordinance with respect to the special exception, special use, contingent use, or conditional use.
4. Variances. If the proposed substantial modification of a wireless support structure is not a permitted use under an applicable zoning ordinance, the application shall include evidence showing that the application complies with the criteria for a variance of use from the terms of the underlying zoning ordinance
5. Procedure.
(a) Determination of Completion/Defects. Within ten (10) days of receipt of an application, the permit authority shall review an 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 thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty
(30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(b) Decision by Permit Authority. Not more than fourteen (14) days after the permit authority makes an initial determination of completeness, the permit authority shall: (1) review the application to determine if it complies with applicable requirements of this 5.106 SCTC-01; (2) review the application to determine if it complies with standards required as established by the permit authority; and (3) 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 fourteen (14) days shall be extended for a corresponding, reasonable amount of time.
6. Written Determinations. A written determination shall state clearly 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.
F. Collocation. An application for a permit for collocation shall include:
1. Contents of Application. An application for collocation of a wireless support structure shall include:
(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; and
(c) Evidence of conformance with applicable building permit requirements.
2. Single Application. An applicant may submit one (1) application to collocate multiple wireless service facilities that are located within JURIS-OL. The permit authority shall issue a single permit or all wireless service facilities
3. Procedure.
(a) Determination of Completion/Defects. Within ten (10) days of receipt of an application, the permit authority shall review an 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 thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(b) Decision by Permit Authority. Not more than fourteen (14) days after the permit authority makes an initial determination of completeness, the permit authority shall: (1) review the application to determine if it complies with applicable requirements of this 5.106 SCTC-01; (2) review the application to determine if it complies with standards required as established by the permit authority; and (3) 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 fourteen (14) days shall be extended for a corresponding, reasonable amount of time.
4. Written Determinations. A written determination shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include 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.
G. Construction Requirements: All antennas, telecommunication towers, accessory structures and any other wiring constructed within the Plan Commission jurisdiction shall comply with the following requirements:
1. All applicable provisions of this Unified Development Ordinance and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable.
2. 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.
3. All wireless facilities and support structures shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
4. All wireless facilities and support structures shall be constructed to conform with the requirements of the Occupational Safety and Health Administration (OSHA).
5. 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.
6. An engineer’s certification shall be submitted for all wireless facilities and support structures to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all collocation sites, strength requirements to withstand natural forces such as ice, wind, earth movements, etc.
7. All wireless facilities and support structures shall be designed and constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with one‑half (½) inch of ice and to accommodate all collocation sites as required by this Unified Development Ordinance.