An Ordinance Amending Zoning Ordinance No. 121410, As Amended, and Subdivision Control
ORDINANCE NO. ______
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 121410, AS AMENDED, AND SUBDIVISION CONTROL ORDINANCE NO. 121410A, AS AMENDED, OF THE CODE OF ORDINANCES OF THE TOWN OF McCORDSVILLE, INDIANA
WHEREAS, §322(c)(7) of the Telecommunications Act of 1996, 47 U.S.C. (the “Act”), preserves state and local authority over zoning and land use decisions for personal wireless service facilities, including wireless facilities, wireless support structures and related equipment;
WHEREAS, the Town Council of the Town of McCordsville, Indiana, has heretofore adopted Zoning Ordinance No. 121410, as amended, and Subdivision Control Ordinance No. 121410A, as amended, and has adopted as a part of the Code of Ordinances of the Town of McCordsville, Indiana; and
WHEREAS, the Zoning & Subdivision Control Ordinances include standard and rules governing land use, and now specifically desires to adopt additional standards concerning the placement, construction and modification of wireless facilities, wireless support structures and related equipment in the Town’s right-of-way;
WHEREAS, the Town Council of the Town of McCordsville desires to adopt standards consistent with the Act and Indiana law that (a) do not discriminate among providers of functionally equivalent cellular services; (b) do not have the effect of prohibiting the provision of personal wireless services; (c) require action on applications and basic development standards for wireless facilities and wireless support structures; and (d) require written denial, supported by substantial evidence in a written record of any denial of a permit for wireless facilities and wireless support structure;
WHEREAS, to the extent permitted by applicable law, this Ordinance shall be interpreted to minimize the negative impact of wireless facilities and wireless support structures, establish fair and efficient process for review and approval of application, assure an integrated review designed to benefit the health, safety, and welfare of McCordsville residents;
WHEREAS, the Town Council of McCordsville, has, after a public hearing was held on March 15, 2016, received a favorable recommendation from the McCordsville Advisory Plan Commission; and
WHEREAS, the Town Council has found that such amendments are in the best interest of the health, safety, and welfare of the citizens of the Town of McCordsville, Indiana.
THEREFORE BE IT ORDAINED by the Town Council of the Town of McCordsville, Indiana that Zoning Ordinance No. 121410, as amended, is hereby amended as described in Exhibit A, attached hereto.
This ordinance was introduced and filed on the ___ day of ______, 2016. A motion to consider on first reading on the day of introduction was offered and sustained by a vote of __ in favor __ opposed pursuant to I.C. 36-5-2-9.8.
This ordinance was duly ordained and passed on this ___ day of ______, 2016 by the Town Council of the Town of McCordsville, Hancock County, Indiana, having been passed by a vote of __ in favor and __ opposed. This Ordinance becomes effective immediately upon its passage.
TOWN OF McCORDSVILLE, INDIANA, BY ITS TOWN COUNCIL
Voting Affirmative: Voting Opposed:
______
Larry Longman Larry Longman
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Bryan Burney Bryan Burney
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Tom Strayer Tom Strayer
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Branden Williams Branden Williams
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Barry Wood Barry Wood
ATTEST:
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Catherine C. Gardner
Clerk Treasurer
This instrument was prepared by Ryan Crum, 6280 W 800 N, McCordsville, IN 46055.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Ryan Crum.
Exhibit A
Article III. Section 3.02(D) shall be amended to include:
(3) R/WCO, Right-of-way Corridor Overlay – The R/WCO district is intended to address land uses and facilities located within all public rights-of-way within the incorporated limits of the Town of McCordsville. The purpose of this overlay district is to provide for functional and appropriate land use and development standards that will allow for suitable, reliable public and private telecommunications services. The Town recognizes the need for the use of small-cell facilities for telecommunications in order to serve the needs of the area, and in doing so, there is a need to minimize the adverse, undesirable impacts of such facilities.
Article IV. Section 4.15 shall be amended to include:
(E) Small-cellular Facilities
(1) Location: small-cellular facilities are permitted in the R/WCO District, except for right-of-way having a “local” or “local-collector” functional classification as identified in the Town’s Thoroughfare Plan.
(2) Permitting: Any person or entity seeking to install small-cellular facilities, related equipment, a substantial modification, or collocate shall seek a Right-of-way Permit and Telecommunications Facility Permit from the Town.
(3) Development Standards:
a) New small-cellular facilities shall be monopole design constructed to support the initial user and at least one additional user.
b) A proposal for a new wireless support structure or wireless facilities shall not be approved unless the petitioner submits an affidavit that the telecommunications equipment planned for the proposed structure cannot be accommodated on an existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure due to one (1) or more of the following reasons:
i) The planned telecommunications equipment would exceed the structural capacity of the existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure as documented by a qualified and licensed professional engineer and the existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost, or
ii) The planned telecommunications 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 the interference cannot be prevented at a reasonable cost; or
iii) The existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure 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
iv) Other unforeseen reasons make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure; or
v) The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure.
c) The overall maximum antenna and tower height shall be fifty (50) feet from grade level.
d) The minimum tower separation shall be one thousand (1,000) feet between any other support structures primarily used for telecommunications, as measured in any direction between support structures, not necessarily a dimension measured parallel to a road right-of-way.
e) Support structures must be metal or fiberglass monopoles matching the design and color of the Town’s non-residential street lights, as amended. The Town reserves the right to require luminaires on support structures that match the Town’s street light luminaire specifications. Such luminaires shall be maintained in good working order, be illuminated consistent with the timing of other street lights along the corridor, at the cost of the applicant, including the cost of electricity.
f) Any antenna equipment mounted to the support structure shall also be matching in color to the support structure.
g) 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 forty (40) cubic feet and no greater than forty-eight (48) inches in overall height. Under special circumstances, contingent upon a mutual agreement, the Town may allow a pole mounted cabinet with dimensions not exceeding twenty (20) inches by twenty (20) inches by six (6) inches (20” x 20” x 6”), ground mounted cabinet not to exceed two (2) feet by two (2) feet by one (1) foot (2’ x 2’ x 1’) and other considerations, such as, but not limited to, the addition of shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, then the Town of McCordsville Public Works Committee shall intervene and make a determination.
h) 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.
i) All conduit, wiring and fiber shall be concealed within the support structure and/or shall be buried underground. All new electrical service lines to the support structure and/or equipment shall also be underground. Existing aerial electrical service lines may remain. Under no circumstance shall any service drop crossing a street or roadway be run in any manner than underground via a bore.
j) Wireless support structures and facilities shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment. 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 McCordsville Public Works Committee, from time to time.
(4) Operation: A petitioner receiving a permit for a (1) new construction of a wireless support structure; (2) substantial modification of 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) 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 of 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 clean-up and restoration 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 Town for continued operation and use of the structure or facility.
(5) Confidential: All confidential information submitted by the petitioner shall be maintained to the extent authorized by Indiana Code 5-14-3 et. seq.
(6) Application Process:
a) New Wireless Support Structures:
i) 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 address, and Latitude and Longitude of the proposed or affected wireless support structure or wireless facility, and identify all small cell towers within one thousand five hundred (1 ,500) feet of the proposed new support structure, (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 sufficient to determine compliance with these standards, and (d) evidence supporting the choice of location, including, without limitation: (i) maps or plats showing the proposed location(s) of applicant's proposed wireless support structure; and (ii) 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.
ii) Single Application: An applicant may submit one (1) application for multiple wireless service facilities that are located within R/WCO. 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.
iii) Procedure:
(1) Determination of Completion/Defects: Within ten (10) 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 thirty (30) business 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.
(2) Decision by Permit Authority: Not more than fourteen (14) business 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 Section 4.15(E); (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) business days shall be extended for a corresponding, reasonable amount of time.
iv) 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.
b) Substantial Modification:
i) 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.
ii) Single Application: An applicant may submit one (1) application for multiple modifications of wireless support structures and service facilities that are located within R/WCO. 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.