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HomeMy WebLinkAbout2021-06-30-2211 AN ORDINANCE GOVERNING THE CONSTRUCTION AND MAINTENANCE OF COMMUNICATION TOWERS IN THE CITY OF WAUKEE, IOWA. §221.1 Telecommunications Ordinance. This ordinance shall be known and may be cited and referred to as the “Telecommunications Ordinance” of the City of Waukee, Iowa, and shall be referred to herein as “this ordinance.” §221.2 Purpose. The purpose of this Chapter is to establish general guidelines for the location or siting of telecommunication towers and equipment. The goal of this chapter is to encourage the location of communication towers and equipment in areas of the city which would be least adversely impacted by the visual, aesthetic and safety implications of their siting; minimize the number of towers throughout the city; strongly encourage the joint use of new and existing tower sites; and enhance the ability of the providers of telecommunication services to provide such services to the community quickly, efficiently and effectively. Section 221.3 Requirements. The following criteria will be consistently applied to all telecommunication providers that request a permit to do business in the City of Waukee: A. Communication towers are permitted in C-1 or M zoning districts. 1. A site plan is required for all new communication tower and equipment facility construction, expansion of existing facilities or major modifications of existing facilities. The following must be included as part of the site plan and telecommunication development request: a. Map showing the location of the applicant’s proposed facility and any existing facilities within three miles of the proposed site. b. Report from a structural engineer showing the tower antennae 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. Evidence that a valid FCC license for the proposed activity has been issued. d. A written agreement signed by the communication facility owner and property owner to remove the tower and any other equipment within sixty (60) days after abandonment. As used herein, the term ‘abandonment’ shall mean that the communication tower has not been used for its intended and approved purpose for more than one hundred eighty (180) days. e. Establish that the use of and frequencies emitted from the tower and equipment will not interfere with the 2 transmissions of law enforcement, fire, emergency response, public works, or other service agencies. f. Additional information as required to determine that all applicable zoning and siting regulations are met. 2. Communication towers and equipment must meet the following design standards: a. Communication towers shall be set back from all property lines and all other principle structures a distance not less than one half of the tower’s height, unless a tower is adjacent to a commercial or residential district or a city park, in which case the tower will be set back a distance not less than the full tower’s height. b. Communication towers shall have a maximum height of forty-five (45) feet. c. When possible towers shall be located atop existing structures (i.e. water tower or co-op grain tower) or disguised as other objects that better blend in with the local environment. d. Communication towers that are not located atop another structure as recommended in 3-c shall be disguised to reduce the visual impact of typical tower installations. Appearance of the tower must be approved by staff. e. Lights and signage shall not be permitted on any tower unless specifically required and permitted by the Federal Communications Commission, Federal Aviation Administration or the City of Waukee. f. Security fencing, eight feet in height, shall surround the communication towers, equipment facilities and guy wires. g. Communication tower equipment facilities and accessory structures shall be designed to be architecturally compatible with the surrounding area. h. Communication tower facilities mounted to a building wall shall be painted to blend with the color and materials of the surface to which it is attached. All wiring and accessory equipment shall be concealed from view. Communication facilities located above the roof of the structure shall be appropriately screened from view through use of panels, walls, fences or other screening techniques approved by the City. 3. Providers may be required to co-locate and enter into co- location agreements to minimize the overall number of towers within the city. a. All new communication towers, and any pre-existing 3 communication towers, owned by a licensed carrier, upon which this chapter permits co-location of additional communication facilities, shall be made available for use by the owner or initial use thereof, together with as many other licensed carriers as can be technically co-located thereon. However, nothing in this chapter shall prevent licensed carriers from charging a reasonable fee for the co-location of additional communication facilities upon said tower, which does not exceed the fair market value of the space occupied. b. All licensed carriers shall cooperate with each other in co-locating additional communication facilities upon such towers. All licensed carriers shall exercise good faith in co- locating with other licensed carriers and in the sharing of towers, including technical information to evaluate the feasibility of co-location. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this chapter for a new communication tower. 4. Communication towers and equipment shall meet or exceed the current standards and regulations of the Federal Aviation Administration and any other agency of the federal government with the authority to regulate communication towers and equipment. C. The Community Development Director is authorized to submit a telecommunication development application to an independent technical expert to review any technical materials submitted including, but not limited to, those required in this chapter. The applicant shall pay all reasonable costs of this review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or to the technical expert hired shall remain confidential and shall not be disclosed to any third party. [November 11, 1986] (Repealed in its entirety) May 20, 2002 – Ordinance 2376