HomeMy WebLinkAbout2002-05-20-Ordinance 2376_Communication TowersORDINANCE NO.2376
AN ORDINANCE AMENDING SECTION 221,WAUKEE MUNICIPAL CODE,
COMMUNICATION TOWERS,BY REPEALING SECTION 221 AND
SUBSTITUTING IN LIEU THEREOF SECTION 221 AMENDING SPEClFICATIONS
AND REGULATIONS OF LOCATION,DESIGN AND CONSTRUCTION OF TOWERS
AND EQUIPMENT WITHIN THE CITY OF WAUKEE;PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT THEREOF,AND PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONFLICT THEREWITH.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE,IOWA:
Section 1.Communication Towers.Section 221,Waukee
Municipal Code,Communication Towers,is hereby repealed,and the
following ordinance is hereby enacted in lieu thereof:
Section 221.1.Title.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."
Section 221.2.Purpose.The purpose of Chapter 221 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.
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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-I or M zoning
districts.
I.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 ofthe proposed site.I
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/EWTIA
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 transmissions oflaw 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 disgnised 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 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 ofthe 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
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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 techoical 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.
Section 221.4 Repealer.All ordinances or parts of ordinances
in conflict with the provisions of this ordinance are hereby repealed.
Section 221.5 Severability Clause.If any section,provision
or part ofthis ordinance shall be adjudged invalid or unconstitutional,such
adjudication shall not affect the validity of the ordinance as a whole or any
section,provision,or part thereof not adjudged invalid or unconstitutional.
Section 221.6 Effective Date.This ordinance shall be in
effect upon its fmal passage,approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 20th
May 2002 and approved this 20th day of May 2002.
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Mark J.Arent e ,City Administrator lerk