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HomeMy WebLinkAboutD-2355-17 Requirements for Small Cell FacilitiesSPONSOR(s): Councilor Carter Rider ORDINANCE NO. D-2355-17 VERSION A AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ADDING SECTION 6-162 OF CHAPTER 6, ARTICLE 5, DIVISION VIII TO THE CARMEL CITY CODE Synopsis: Provides requirements and regulations for the erection of new Wireless Support Structures and Small Cell Facilities, the Co -location of Wireless Support Structures and Small Cell Facilities, and Modifications of Existing Wireless Support Structures and Small Cell Facilities within the City of Carmel's Public Rights -of -Way. WHEREAS, pursuant to Indiana statutory and constitutional provisions, the City of Carmel, Indiana ("City") enjoys control over the public rights-of-way ("ROW") within its corporate limits, including, but not limited to, the placement by third parties of facilities used for the provision of personal wireless services (See I.C. 8-1-32.3-15); and WHEREAS, the City has the power to, among other things, require that any third party wishing to locate facilities within the ROW first obtain written consent from the City; and WHEREAS, the City desires to adopt additional standards specifically concerning the placement, construction and modification of Wireless Facilities, Wireless Support Structures, and Small Cell Facilities and related equipment in the City's ROW, as growing demand for personal wireless telecommunications services has resulted in increased requests nationwide and locally to `place these structures on utility and street light poles and other structures within the public ROW; and WHEREAS, while State and federal law limit the authority of local governments to enact laws that unreasonably discriminate among providers of functionally equivalent services, prohibit, or have the effect of prohibiting the provision of telecommunications services by wireless service providers, the City is authorized, under existing State and federal law, to enact appropriate regulations and restrictions relative to Small Cell Facilities, distributed Antenna systems, and other personal wireless telecommunications facility installations in the public ROW; and WHEREAS, since the City's ROW is a limited public resource held by the City for the benefit of its citizens, and the City has a custodial duty to ensure the ROW is used and maintained in a manner that best serves the public interest, in the anticipation of continued increased demand for placement of small cell facilities, distributed Antenna systems, and other personal wireless telecommunication facility installations within the public ROW, the City Council of the City of Carmel now finds that it is in the best interests of the public health, safety, and general welfare of its citizens to adopt the regulations set forth below in order to establish generally applicable standards for construction, installation, use, maintenance, and repair of such facilities, systems and installations within the public ROW. Tbis Ordinance was originally prepared by Ashley M. Ulbricht, Cannel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. APPLICABILITY. This Ordinance shall apply to all rights-of-way ("ROW") within the City of Carmel, Indiana (the "City"), as designated from time -to -time, and is intended to implement provisions of IC 8-1-32.3. Section 3. Small Cell and Telecommunication Facilities. This Section shall apply throughout the entire City's ROW: A. Definitions: For purposes of this Ordinance, along with the applicable definitions listed in Chapter 3 of the City's Zoning Code, the following definitions shall apply: 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. "Co -location" means the placement or installation of Wireless Facilities on existing structures that include a Wireless Facility, Small Cell 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. Ordinance D-2355-17 Version A, 3-6-17 Page Two of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Cannel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.doca SPONSOR(s): Councilor Carter Rider 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, and the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from the applicant that shows the proposed location of the Wireless Facility, Small Cell Facility, or Wireless Support Structure, and all easements and existing structures within one thousand two hundred (1,200) feet of such Wireless Facility, Small Cell Facility, or Wireless Support Structure. "Construction Plan" when referring substantial modification of an existing Wireless Facility, Small Cell Facility, or Wireless Support Structure means a plan that describes the proposed modifications to the Wireless Support Structure or Small Cell Facility, 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 or Small Cell Facility; and (2) encloses Wireless Facilities. 7. "Existing Structure" does not include a Utility Pole or an Electrical Transmission Tower. 8. "Permit Authority" means the City Engineer or his designee. 9. "Person" means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person. 10. "ROW" shall have the meaning as set forth in IC 8-1-2-101, as if stated verbatim herein. Ordinance D-2355-17 Version A, 3-6-17 Page Three of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider 11. "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 forty (40) cubic feet or less. 12. "Small Cell Network: means a collection of interrelated small cell facilities designed to deliver wireless service. 13. "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. 14. "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. 15. "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. 16. "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. Ordinance D-2355-17 Version A, 3-6-17 Page Four of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Cannel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider B. General Standards. 1. Permits. A person that provide_ s wireless communications service or otherwise makes available infrastructure for wireless communications services must apply for a permit through the Permit Authority to (a) locate a Wireless Facility, Small Cell Facility, or Wireless Support Structure, (b) perform a substantial modification or (c) co -locate Wireless Facilities on existing structures. 2. Permit Fee: The Permit Fee for each application submitted under this Section is One Hundred ($100.00) Dollars. 3. Antenna Shielding Preference. The City desires to maintain the beauty of its community by requiring applicants to place the Antenna inside the pole when erecting a new pole or replacing a current pole. 4. Co -location Preference. (a) At a minimum, new Wireless Facilities, Small Cell Facilities, or Wireless Support Structures shall be constructed to support the initial user plus the anticipated loading of one (1) additional user. (b) The site of the initial Wireless Facility, Small Cell Facility, or Wireless Support Structure at any location in the ROW shall be of sufficient area to allow for the location of one (1) additional Wireless Facility. (c) Any proposed Wireless Support Structure, or Small Cell Facility, 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 or Small Cell Facility 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. Ordinance D-2355-17 Version A, 3-6-17 Page Five of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht. for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider (d) No new Wireless Support Structure or Small Cell Facility shall be approved unless the person submits an affidavit that the telecommunication equipment planned for the proposed Wireless Support Structure or Small Cell Facility 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 or licensed technician, 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 as verified in a financial analysis submitted to the City, 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 as verified in a financial analysis submitted to the City; 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 impractical to locate the planned telecommunication equipment upon an existing or approved Utility Pole or Electrical Transmission Tower, building or structure. 5. Specifications. New Wireless Facilities, Small Cell Facilities, and Wireless Support Structures located within the City's ROW shall meet the following specifications: (a) Overall Maximum Antenna and Tower Height: Thirty-five (35) feet from AGL (at grade level). The Antenna, including Antenna panels, whip Antennas, or dish - shaped Antennas, cannot have a surface area of more than seven (7) cubic feet in volume. Ordinance D-2355-17 Version A, 3-6-17 Page Six of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docs SPONSOR(s): Councilor Carter Rider (b) Minimum Tower Separation and Clearance Requirements: Wireless Support Structure or Small Cell Facilities may be attached to a Utility Pole, existing Wireless Support Structures or Small Cell Facilities and City -owned infrastructure only where such pole, structure or infrastructure is located no closer than a distance equal to one hundred (100) per cent of the height of such facility to any residential building and no closer than one thousand two hundred (1,200) feet from any other personal wireless telecommunication facility. If the facilities are located in the public ROW, a separation or lesser clearance may be allowed by the Board of Public Works ("BPW") as an administrative variance to this Ordinance when the applicant establishes that the lesser separation or clearance is necessary to close a significant coverage or capacity gap in the applicant's services, or to otherwise provide adequate services to customers, and the proposed Antenna or facility is the least intrusive means to do so within the ROW. (c) Wireless Support Structures or Small Cell Facilities must consist of metal poles matching the City's street light poles, per engineering specifications as may be amended from time to time by the City's BPW. Wireless Support Structures and Small Cell Facilities 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, but not limited to the cost of electricity. Any Antenna equipment, components, or facilities mounted to the support structures (Antenna or other permitted equipment) shall also be matching in color to the pole. (d) 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 overall height. Under special circumstances based on a mutual agreement, the Permit Authority may allow a pole mounted cabinet with dimension 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 shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, the City's BPW shall intervene and make a determination. (e) All support structures shall have a plaque identifying the structure, the owner and the owner's contact information, and said plaque shall not exceed 0.25 square feet. Ordinance D-2355-17 Version A, 3-6-17 Page Seven of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider (f) All wiring and fiber shall be concealed within the Wireless Support Structure or Small Cell Facility, 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 Wireless Support Structure or Small Cell Facility must be buried, unless the service lines in the area adjacent to the Wireless Support Structure or Small Cell Facility are aerial. If so, the service lines to the Wireless Support Structure or Small Cell Facility can also be aerial, except for any service drop crossing a street or roadway. In this situation, the service lines would need to be bored and located under such street or roadway. (g) Wireless Support Structures and Small Cell Facilities and their components, 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 the aesthetics of the Wireless Support Structures and Small Cell Facilities and their components shall be in accordance with standards established by the City's BPW, from time to time. (h) Grounding. The Wireless Support Structure or Small Cell Facility, and its components must be grounded in accordance with the requirements of the electrical code currently in effect in the City. 6. Continued Operation. A person receiving a permit for: (1) new construction of a Wireless Support Structure or Small Cell Facility; (2) substantial modification of a Wireless Support Structure or Small Cell Facility; or (3) Co -location of Wireless Facilities on an existing structure, inherently agrees that if the Wireless Support Structure, Small Cell Facility, or Wireless Facilities are not used for the intended purpose 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, Small Cell Facility, or Wireless Facilities after thirty (30) business 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. A failure to timely pay such fee may result in the imposition of a lien against the facility owner and the prohibition of the issuance of a new permit under this Ordinance. The owner of any facility shall annually file a copy of any inspections completed on such Wireless Support Structure, Small Cell Facility or Wireless Facilities with the Permit Authority for continued operation with the use of the Wireless Support Structure, Small Cell Facility, or Wireless Facilities. Ordinance D-2355-17 Version A, 3-6-17 Page Eight of Seventeen 'niis Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.doca SPONSOR(s): Councilor Carter Rider 7. Appeal. If a permit is denied by the Permit Authority, the applicant may appeal the Permit Authority's decision through the City's BPW. If the BPW denies an applicant's appeal, the applicant may appeal such a decision to the City's Board of Zoning Appeals (`BZA"). If an appeal to the City's BZA is made, Section 25.28 controls the review of the application and the approval or denial of the permit. 8. Confidential Information. All confidential information submitted by an applicant shall be maintained to the extent authorized by Ind. Code 5-14-3 et. seq. C. New Wireless Support Structures. Contents of Application. An application for a new Wireless Support Structure or Small Cell Facility permit shall include the following: (a) A statement that the applicant is a Person that either provides Wireless Communications Service or owns or otherwise makes available infrastructure required for that Service. (b) The name, business address, and point of contact for the applicant. (c) The location of the proposed or affected Wireless Support Structure or Wireless Facility. (d) A new Wireless Support Structure or Small Cell Facility will not be allowed in an area of the City zoned residential. (e) A Construction Plan, as defined herein, that describes the proposed Wireless Support Structure or Small Cell Facility, the height of the proposed structure, and all equipment and network components, including Antennas, transmitters, receivers, Base Stations, power supplies, cabling, and related equipment sufficient to determine compliance with the standards set forth herein. The Construction Plan must also include evidence of conformance with all applicable building permit requirements. Ordinance D-2355-17 Version A, 3-6-17 Page Nine of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-1355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.doc� SPONSOR(s): Councilor Carter Rider (f) 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 or Small Cell Facility; and (2) a sworn statement from the individual responsible for the choice of location demonstrating that Co -location of Wireless Facilities on an existing Wireless Support Structure or Small Cell Facility was not a viable option because Co - location: a. would not result in the same Wireless Communications Serive functionality, coverage and capacity; b. is technically infeasible; or c. is an economic burden to the applicant. 2. Application. An applicant may submit one (1) application requesting no more than five (5) wireless service facilities permits. The Permit Authority may issue a single permit for all Wireless Support Structures, Small Cell Facilities, and service facilities included in the application rather than individual permits for each Wireless Support Structure, Small Cell Facility and service facility. If the applicant takes no action as requested under the application, the permit shall expire after ninety (90) days of inaction. 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. 4. Procedure/Review of Permit. The Permit Authority, shall promptly review for completeness every application duly filed with the City which requests authorization to place or construct personal Wireless Facilities, Wireless Support Structures, or Small Cell Facilities within the City's ROW. Every applicant shall be notified within ten (10) business days of the City's receipt of an application as to whether its application is complete and whether a public hearing will be required regarding its request. Whenever no public hearing is required, the Permit Authority shall take final action on the request within a reasonable period of time after the request is duly filed. Whenever a public hearing is required regarding a request, the BPW shall conduct the hearing and take final action on the request within a reasonable period of time. Ordinance D-2355-17 Version A, 3-6-17 Page Ten of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider Within ninety (90) days of receipt of the completed application, or not more than one hundred twenty (120) days in any case in which the approval of a variance of use is necessary, the Permit Authority shall review the application to determine if the application complies with the standards set forth by this Ordinance and the Permit Authority. 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 has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding amount of time. 5. 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 the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the Permit Authority. 6. Failure to Notify. Any failure by the Permit Authority, to notify an applicant within ten (10) business days whether its application is complete, or any failure by the Permit Authority to notify an applicant within ninety (90) (or one hundred twenty (120) days for zoning approval) whether its application has been approved or denied, shall be considered a non -final zoning decision within the meaning of IC 36-7-4- 1602(c), with the applicant consequently entitled to expedited judicial review of the non -final zoning decision pursuant to the provisions set forth in the City's Zoning Code. 7. Deadlines for Final Actions: For purposes of Section C(4) above, a reasonable period of time is not more than ninety (90) days from the date that the applicant is notified that the application is complete, or not more than one hundred twenty (120) days in any case in which the approval of a variance of use is necessary. If a Use Variance is deemed necessary by the Permit Authority, the BZA shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the BZA after a public hearing conducted in accordance with this Section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review under the IC 36-7-4-1600 series. Ordinance D-2355-17 Version A, 3-6-17 Page Eleven of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider D. Substantial Modification. 1. Contents of Application. An application for substantial modification of a Wireless Support Structure or Small Cell Facility shall include: (a) The name, business address, and point of contact for the applicant, and a statement that indicates the applicant is a Person that either provides Wireless Communication Service or owns or otherwise makes available infrastructure required for that service; (b) The location of the proposed or affected Wireless Support Structure, Small Cell Facility 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. The Construction Plan must also include evidence of conformance with all applicable building permit requirements. 2. Application. An applicant may submit one (1) application requesting modifications to no more than five (5) wireless service facilities. 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. If the applicant takes no action as requested under the application, the permit shall expire after ninety (90) days of inaction. 3. 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. A Permit Authority may delay its decision indefinitely if the applicant is seeking a special use variance from the zoning authority. 4. Procedure/Review of Application. The Permit Authority shall promptly review for completeness every application duly filed with the City which requests authorization to modify personal Wireless Facilities, Wireless Support Structures, or Small Cell Facilities in the City's ROW. Every applicant shall be notified within ten (10) business days of the City's receipt of an application as to whether its application is complete and whether a public hearing will be required regarding its request. Whenever no public hearing is required, the Permit Authority shall take final action on the request within a reasonable period of time after the request is duly filed. Whenever a public hearing is required regarding a request, the BPW shall conduct the hearing and take final action on the request within a reasonable period of time. Thus Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Reguladons for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider Within ninety (90) days of receipt of the completed application, or not more than one hundred twenty (120) days in any case in which the approval of a variance of use is necessary, the Permit Authority shall review the application to determine if the application complies with the standards set forth by this Ordinance and the Permit Authority. 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 has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding amount of time. 5. 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 such basis for denial. A notice is considered written if it is included in the minutes of a public meeting of the Permit Authority. 6. Failure to Notify. Any failure by the Permit Authority, to notify an applicant within ten (10) business days whether its application is complete, or any failure by the Permit Authority to notify an applicant within ninety (90) (or one hundred twenty (120) days for zoning approval) whether its application has been approved or denied, shall be considered a non -final zoning decision within the meaning of IC 36-7-4- 1602(c), with the applicant consequently entitled to expedited judicial review of the non -final zoning decision pursuant to the provisions set forth in the City's Zoning Code. 7. Deadlines for Final Actions: For purposes of Section D(4) above, a reasonable period of time is not more than ninety (90) days from the date that the applicant is notified that the application is complete, or not more than one hundred twenty (120) days in any case in which the approval of a variance of use is necessary. If a Use Variance is deemed necessary by the Permit Authority, the Board of Zoning Appeals shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the Board of Zoning Appeals after a public hearing conducted in accordance with this Section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review under the IC 36-7-4-1600 series. Ordinance D-2355-17 Version A, 3-6-17 Page Thirteen of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider E. Co -location. An application for a permit for Co -location shall include: 1. Contents of Application. An application for Co -location of a Wireless Support Structure shall include: (a) The name, business address, and point of contact for the applicant and a statement that indicates the applicant is a Person that either provides Wireless Communication Service or owns or otherwise makes available infrastructure required for that service; (b) The location of the proposed or affected Wireless Support Structure or Wireless Facility; and (c) A Construction Plan that includes evidence of conformance with applicable building permit requirements. 2. Application. An applicant may submit one (1) application requesting no more than five (5) wireless service facilities for Co -location. 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. If the applicant takes no action as requested under the application, the permit shall expire after ninety (90) days of inaction. 3. Procedure/Review of Application. The Permit Authority shall promptly review for completeness every application duly filed with the City which requests authorization to place, construct, or modify personal Wireless Facilities in the City's ROW. Every applicant shall be notified within ten (10) business days of the City's receipt of an application as to whether its application is complete and whether a public hearing will be required regarding its request. Whenever no public hearing is required, the Permit Authority shall take final action on the request within a reasonable period of time after the request is duly filed. Whenever a public hearing is required regarding a request, the BPW shall conduct the hearing and take final action on the request within a reasonable period of time. Within ninety (90) days a receipt of a completed application, the Permit Authority shall review the application to determine if the application complies with the standards set forth by this ordinance and the Permit Authority. 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. This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Reguladons for Small Cells in ROW clean Version A 3-6-17.docs SPONSOR(s): Councilor Carter Rider If an applicant has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding 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 the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the Permit Authority. 5. Failure to Notify. Any failure by the Permit Authority to notify an applicant within ten (10) business days whether its application is complete shall be considered a non - final zoning decision within the meaning of IC 36-7-4-1602(c), with the applicant consequently entitled to expedited judicial review of the non -final zoning decision. 6. Deadlines for Final Actions: For purposes of Section E(3) above, a reasonable period of time is not more than forty-five (45) days from the date that the applicant is notified that the application is complete. An application for Co -location only is not subject to a public hearing before the BPW, but the Permit Authority may review the application for compliance with applicable building permit requirements before issuing the applicant a Permit. F. Construction Requirements: All Antennas, telecommunication towers, accessory structures and any other wiring constructed within the City right of way 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, Small Cell Facilities, and Wireless 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, Small Cell Facilities, and Wireless Support Structures shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended. Ordinance D-2355-17 Version A, 3-6-17 Page Fifteen of Seventeen This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\sliared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx SPONSOR(s): Councilor Carter Rider 4. All Wireless Facilities, Small Cell Facilities and Wireless Support Structures shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA). 5. All Wireless Facilities, Small Cell Facilities, and Wireless Support Structures shall be designed and constructed to all application standards of the American National Standards Institute (ANSI) manual, as amended. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 4. Nothing in this Ordinance is meant to supersede or conflict with the procedures and requirements set forth within Carmel City Code Section 25.28. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this 2d day of GAG , 2017, by a vote of (0 ayes and Q nays. COMMON COUNCIL FOR THE CITY OF CARMEL Su F' kam, Lsident H. Bruce Kimball Laura D. Campbell Ronald E. Carter , D-2355-17 Version A, 3-6-17 Page Sixteen of Seventeen N6� 0 6'e5: -(7r\ � Kevin D. Rider This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-1355-17-Regulations for Small Cells in ROTC/ clean Version A 3-6-17.docs SPONSOR(s): Councilor Carter y. Rider ATTEST: c.� Ch ' ey, Clerk -Treasurer Zd �j Presented by me to the Mayor of the City of Carmel di this day I " 2017, at '_2, Z ,�� M. a Christine S. Pauley, erk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this Z&P day of "Yap w : 2017, at //" fM. Ordinance D-2355-17 Version A, 3-6-17 Page Seventeen of Seventeen James Brainard, Mayor This Ordinance was originally prepared by Ashley M. Ulbricht, Carmel City Attorney, on 3/6//17 at 11:22 a..m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. S:\shared\ORDINANCES\2017\D-2355-17-Regulations for Small Cells in ROW clean Version A 3-6-17.docx