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7.b)4) Staff Report-Wireless Ordinance Update � : � ;��� ;��: � � SCANDIA Staff Report Date of Meeting: August 20, 2013 To: City Council From: Kristina Handt, Administrator Re: Wireless Ordinance Update Agenda Item #: 7.b)4) Background: Chris Richner, a resident who lives near the cell tower on Old Marine Trail contacted the City concerned about changes approved to the existing tower last falL The current ordinances only require a photo simulation for new cell towers, not equipment replacements on existing ones. Mr. Richner has suggested the City require photo simulations for all cell tower applications-new and existing. The Planning Commission held a public hearing on the proposed changes to the ordinance at their August 6th meeting, which Mr. Richner attended, and is recommending approval. Issue: Should the City Council update the ordinance for cell towers to require visual simulations? Proposal Details: Planner Buss will go over the proposed changes at the meeting. The most significant changes are in section 1 l and 12 where visual simulations to scale are required. Other work was done to better organize the sections that describe when a CUP is required versus an Administrative Permit. The adjustment, repair or replacement of equipment with equivalent equipment is allowed by an Administrative permit. More substantial changes require a CUP. Fiscal Impact: NA Options: 1) Approve Ordinance No. 142 2) Amend and then Approve Ordinance No. 142 3) Make no changes to the existing ordinance Recommendation: Option 1. CITY OF SCANDIA ORDINANCE NO.: 142 AN ORDINANCE AMENDING ORDINANCE NO: 122, THE CITY OF SCANDIA DEVELOMENT CODE The City Council of the City of Scandia,Washington County.Minnesota hereby ordains: Sectionl. Amendment. Ordinance 122,the City of Scandia Development code,Chapter Two. Section 4.31, Wireless Communication Antennas and Towers,shall be amended to read as follows 1.1 Wireless Communication Antennas and To�•ers (1) Purpose.The purpose of this Section is to: (A) Accommodate thc communication needs of residents and businesses while protecting public health and safety; (E3) Minimize adverse visual effects of towers through careful design and siting standards: (C) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; (D) Maximize the use oi�existing and approved towers and buildings to accommodate multiple wireless telecommunication antennas to reduce the number of towers needed to serve the community. (2) Conditional Use Permits. (A) The following may be allowed with the issuance of a conditional use permit, provided the conditions contained in this Chapter are met: I. The construction of a new tower in excess of 35 feet. 2. Satellite dish antenna(s)larger than two meters in diameter. � 3. The addition of a new antenna or othcr cyuipmrut on an existing permitted to��er. 4. The construction of a new tower attached to an existing building and extending 15 feet above the highest point of that building. I 5. The construction of a tower within the easement of a high voltage overhead transmission line,or within 50 feet of the transmission line easement on the same side of the road. IBI ;A runditional usepennit is not required�or the follo�cine_ l. Household radio,television and shoR-wave radio receiving antenna(s),or tower(s)attached to a residential structure,extendin¢,less than 15 feet above the hi�hest�oint of that structure. 2. Amateur radio antennas and to���ers.provided that the conditions contained in Subsections 6(A);8(H),(1)and IJ);9(C),(D).(Gl.(H),(I),(Jl and(M: and 12 are met. 3. The construction of a new tower attached to an existing buildin� extendin�less than I S teet above the hiahest point of that buildinQ. �;) ndministrative Permit � Formatted:Heading 3 {,1) The follo��ing niakbe allo�ved��ith the issuance of an Administrative Permit. provided the conditions contained in this Chapter are met: I. Adjus[ment,repair or replacement of an antenna or other equipment that is cUuivalent to the existin�equipment on an existin tower. S- � Formatted:Normal i��� n .,..,,t:.:,...,.1..,..,...,�...:.:........a,..,:.o.l f,.��1,�1;,11�,,..;,,.,� .. I l 1. ,.,�7.,.1,�..,,J:.. •,.1.�..:..:.........J..1....� ..,.1:�.r ..../..l .. �. ..l.. ,.1.,.,J• ..:,7,� .,1.. ...1'.,..lo �1,., 1 C{� I... �1.,.1.',.M,� ..F�1,,, �. ...J',. ..,!� ,:.J.�.1�4,� �l,o ...J'r o.i .,o.�.,,,..:�.,,.<�n�.o�u� m.,..,t�n.nii�� m� irn �u� n� i ii,...a iwn. .,a i�,. � . . . , . , . �,7:..,.«....,«. ..I.,,.e..,o.,r.,f�1,.�.�I..m�.....,.s....,. -l. T1._ .,.....�� ,.,:,...,.l'.................�,.e...,.1.,�,7....,,,.....:..�:....1...:1.7;.,., .,l'. 1, rl... I[ %.�.��.,1....�..rl�.�1.:.,1....��...�..ul.l'�1...�1. :1,J:..,. �-=,_I� Nonconformity. Any existing tower that becomes non-conforming as a result of'the adoption of this Chapter may continue its use and additional antennas may be attached to the tower structure.If the tower needs to be replaced,it may be permitted with an administrative permit so long as it is of the same type(guyed,self-supporting or monopole),same height,same marking(lighting and painting)and it will be located within ten(]0)feet of the to�+er to be replaced.The only perniitted reasons for replacement of an existing, nonconforming to��er will be to increase the number ofante�nas or to preserve thc structural integrity of the struc[ure. If a tower requires replacement for any other reason,such replacement tower shall meet all of the standards of this Chapter. -;:�i Variance. (A) A variance from any requirement of this section may be sought by the applicant and heard in accordance with the procedures,but not the standards, set forth in Chapter One of this Development Code. (B) The criteria for granting a variance under this section shall be: presentation of engineering data demonstrating that services cannot be provided by the applicant within its service area without the variance. (���_Term of Permit and Revocation. (A) A conditional use permit for towers requiring a conditional use permit shall remain in eftect so long as the conditions in[he permit are met. (B) The grounds for revocation of a conditional use permit shall be based on a finding that: l. The permitee has failed to comply with conditions of approval imposed;or 2. The facility has not been properly maintained:or 3. The facility is no longer in use and has not been in use for the previous 12 months. 1�i 7�_Other Requirements. (A) All rules and regulations of the FCC and FAA shall be met and complied with. All antennas used for the transmission of electromagnetic waves shall be subject to federal and state regulations periaining to non-ionizing radiation and other health hazards related to such facilities. If new,more restrictive standards are adopted,the antenna installations shall be brought into compliance with the new standards by the owner and operator.The cost of verification of compliance shall be borne by the owner and operator of the antenna. (B) In the event of cevocation of a permit,the tower and all accessory structures shall be removed and the site restored to its original condition within 120 days.Failure to do so will result in the City completing the removal and site restoration and the City's cost shall be assessed against the property and collected as a real estate tax. � (��r8 Districts. Antennas and towers are regulated differently depending on the zoning district in which the property is located.The following are the standards in each district. (A) Village Neighborhood District(VN),Village Mixed Use A District(VMU A), Village Mixed Use B District(VMU B)and Rural Commercial District(R COMM).The rollowing are permitted with a conditional use permit: 1. The addition of a new antenna on an existing tower for which a conditional use permit is required. 2. A satellite dish antenna larger than two meters in diameter but not exceeding three meters in diameter. 3. A tower within the easement of a high voltage overhead transmission line or��-ithin 50 feet of the transmission line easement on the same side of the road to a maximum height of I50 feet. 4. A free standing tower exceeding 35 feet in height but not exceeding 150 feet in height. 5. A tower attached to an existing building extending more than I S teet above the highest point of the building up to a maximum height of 150 feet. (B) Agriculture Uistrict—Core(AG C)and Agriculture Preserves District(AP.) '1'he following are permiried with a conditional use permit: 1. The addition of a ne�v antenna on an existing tower for���hich a conditional use permit is required. 2. Satellite dish antenna(s)larger than two metcrs in diameter. 3. A tower within the easement of a high power overhead transmission line or ��°ithin 50 feet of the transmission line on the same side of the road to a masimum height of 200 teet. 4. A tower attached to an existing building,extending more than I S f'eet above the highest point of the building up to a maximum height of 300 feet. (C) Industrial Park District(IP).The follo��ing are permi[ted with a conditional use permit: I. The addition of a new antenna on an existing tower for which a conditional use permit is required. 2. Satellite dish antenna(s)larger than two meters in diameter. 3. A free standing tower exceeding 35 feet in height but not exceeding 300 feet in height. 4. A tower within the easement oTa high voltage overhead transmission line or within 50 feet of the transmission line easement on the same side of the road to a maxim�m height o1�200 feet. 5. A tower attached to an existing building extending more than I S feet above the highest point of�the building up to a maximum height of 300 feet. - Prohibitions. (A) No tower shall be over 300 fect in height or within one mile of another tower for���hich a conditional use perniit is required regardless of municipal boundaries. (B) A proposal for a new tower shall not be approved unless it can be shown by the applicant that the telecommunication equipment planned tor the proposed tower cannot be accommodated: 1. on an existing tower;or 2. on a tower that has been permitted by Washington Cbunty or the City of Scandia(even though it may not yet be constructed);or 3. on a tower whose application for a conditional use permit is currently pending before the City o1�Scandia. (C) 'I'oti�ers up to 150 feet in height shall not be constructed within 300 feet of any residential dwelling other than[he dwelling on the parcel on which the tower is to be located.To�+ers over I50 feet in height shall not be conslructed within 500 feet of any residential dwelling other than the d��clling on the parcel on which the to�°er is to be located. (D) No tower over 35 feet in height shall be located closer than one-quar[er(I/4) mile[o the outside boundary of an existing state,counry or city park, or of a proposed state,count�•or cit�park identified in the Washington County Park Master Plan or the City of Scandia Parks.Trails,Opean Space and Recreation Plan (E) No to��er over 35 feet shall be erected�vithin one-quarter(1/4)mile trom the centerline of State High��ays 95 and 97 and County Koads 3,4, I S and 52, unless it can be demonstrated through visual impact demonstration that the to��er will be visually inconspicuous as viewed trom the road on a year-round basis. (F) No tower over 35 feet shall be erected within one-quarter(1/4)mile ol�the St. Croix River Overlay District or within one-quarter(I/4)mile of a DNR protected lake or river. (G) No temporary antenna/tower sites are permitted except in the case or equipment failure,equipment testing or in the case of an emergency situation as authorized by the Washingron County Sherit'1�.llse of temporary antenna/tower sites for testing purposes shall be limited to twenty-four(24) hours and shall be subject to an administrative permit. Use of temporary antenna/tower sites for equipment failure or in the case of an emer�ency situa[ion shall be limited to a term of thirty(30)days.�'hese limits can be extended by the Zoning Administrator. (H) Permanent platforms or structures,exclusive of antennas,other than those necessary for safety purposes or for tower maintenance are prohibited. (I) No antennas or tower shall have lights,reflectors,flashers,daytime strobes, steady night time red lights or other illuminating devices affixed or attached to it unless required by the FAA or FCC. (J) No advertising or identification signs shall be placed on towers or antennas. (� I(( 1I Performance Standards. (A) On a vacant parcel of land in the Agriculture District—Core(AG C), Agriculture Preserves District(AP)Village Neighborhood District(VN), Village Mixed Use A District(VMU A), or Village Mixed Use B District (VMU B),the minimum lot size for construction of a tower over 35 feet in height shall be five acres.On a vacant parcel of land in the Industrial Park District(IP)or Rural Commercial District(R COMM),the minimum lot size shall be two and one-half acres.On a parcel of land on which a principal use exists,a tower shall be considered an accessory use and a smaller parcel of land may be leased provided all standards contained in this section can be met. (B) Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse progressively within the distance berii�een the tower and property line.The applicant for any tower shall submit�rritten documentation explaining tower construction and possible failure and provide assurance that blowing or falling ice can be contained on the subject property.At a minimum,the tower shall comply with the minimum setback requirements of the zone in which it is located. (C) A tower shall be located on a parcel of land so as ro have the least impact on adjoining properties and any negative impact of the tower shall be confined as much as possible to the property on which[he tower is located. (D) The tower location shall provide the maximum amount of screening for off- site views ofthe faciliry.The city may require creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses.Existing on-site vegetation shall be preserved to the maximum extent practicable. (E) The height of a tower shall allow far the co-location of additional antennas as follows: 1. Structures from ]00 to 125 feet-a minimum of two tenants. 2. Structures from 125 to 200 feet-a minimum of three tenants. 3. Structures above 200 feet but less than 300 feet-a minimum of four tenants. (F) Structural design,mounting and installation of the antenna and tower shall be in compliance with manufacturers specifications.Plans shall be approved and certified by a registered professional engineer. (G) Self-supporting towers(i.e.those without the use of wires,cables,beams or other means of support)are required. In all zoning districts,monopole towers and/ar towers of stealth construction are required. (H) Associated receiving/transmitting or switching equipment shall be located within a structure.The base of the tower and any tower accessory structures shall be landscaped where practical.Tower accessory structures shall be constructed of materials designed to minimize visibility to the neighborhood. (I) 'I'he tower shall be a color demonstrated to minimize visibility unless otherwise required by FAA regulations. (J) Metal towers shall be constructed of,or treated with,corrosive resistant material. (K) If space is available on a tower,the Iower o�+�ners shall,in good faith,lease space to other users so long as there is no disruption in the existing service provided by the to�ver�s existing users and no negative structural impact upon the to�aer.If a dispute arises,and as a condition to any perniit,thc City Council,in its discretion.reserves the right to act as arbiter in determining if a to��er o��ner is acting in good faith in leasing to other tenants. (L) All toti°ers shall be reasonably protected against unauthorized climbing.The bottom of the to�+er from ground level to 12 feet above ground shall be designed in a manner to precludc unauthorized dimbing or shall be enclosed by a six(6)feet high chain link fenee with a locked gate. (M) Antenna and tower o�mners may be required to conduct an annual inspection of their facilities to insure continuing compliance with this section.A copy of the annual inspection report shall be provided to the City. (N) All antennas and towers shall be adequately insured to cover injury and property damage caused by collapse or other catastrophic failure. � �f ii;�:I I i Application-New Tower. In addition to the submittal requirements required elsewhere in this section or in Chapter 1 of this Development Code,applications for conditional use permits for new towers and antennas and a�plicauun,tur administrati�e_n�nnits liir rcplarement ol antenna,au�1��uipment on c�istin�to��crs shall be accompanied by the following information: (A) A report from a qualified and licensed professional engineer which: l. describes the tower height and design induding a cross section and elevation: 2. certifies the tower's compliance with structural and electrical standards; 3. describes the towers capacity,including the potential number and type of antennas that it can accommodate; 4. describes the lighting to be placed on the tower i1�such lighting is required by the FCC or FAA; 5. states that the applicant will avoid causing destructive interference to co- located,previously established public safety communications; 6. specifies the distance to any DNR protected lake or river,the St Croix River,any road designated in Section(8)(G)and any boundary ora city, state or county park. � (B) Each C�l��P application shall include a tive(5)year facility plan.The City will maintain an inventory of all existing and proposed site installations and all carriers shall provide the following information in each tive(5)year plan.The plan shall be updated with each submittal as necessar}�: I. Written description of type of consumer services each company/carrier will provide to its customers over the next tive years(cellular,personal communication services,specialized mobile radio,paging,private radio or other anticipated communication technology). 2. Provide a list of all existing sites.e�isting sites to be upgraded or replaced and proposed sites within the City tor the services provided b��the compan�. 3. Provide a presentation size map of the Citt��vhich sho�vs thc tive�-ear plan for sites,or if individual properties are not kno���n,the geographic service areas ofthe site. 4. The information provided as part of the tive(5)year facility plan that is a trade secret pursuant to Minnesota Statute Section 13.37 shall be classified as non-public data. (C) Written acknowledgment by the lando�mer/lessee that he/she/it will abide by all applicable conditional use permit conditions. t� Visual imp<icl dcmonstrutiun�.includ�ng mock-ups an�;or photo�imulations that accuratelv show the existing and proposed tower and eauipment drawn accuratel��to scale as cie���ed from adj�iccnt homes and roadwa�sl,or other �ic����oint�.as dircctcd h� thc C�it�. �-;;1_i __The City Council may,in its discretion,require� � screcning and painting plans;network maps;alternative site analysis;lists of other nearby telecommunication facilities;or facility design alternatives for the proposed towcr. � :I r1 I�; The 7.oning Administrator is expliciUy authorized to employ on behalf of the City,an independent technical expert to review technical materials submitted by the applicant.The applicant shall pay the costs of said review and/or independent analysis.Any proprietary information disclosed to the City expert shall remain non-public and suhject to tbe terms and conditions of a properly executed non-disclosure agreement. _ J i I_'� Application-Existing To�+er/Ne�+Antenna. � Formatted:Indent:�eR: 038",Hanging: 0.81",Tab stops: 0.81",Left+Not at OJ" t'�1 In the event that an application is r�,-ti�r an:��Iniinisuali�r I'crmit to rc laccadEi an+���+-c�istina ante�ma t��n an existing permitted tower or structure,the requirements as delineated under Subsection(I N I)(A)(6)and (1N1)(B)shall not apply. Itcm, I I In) I-5 an�l Ilcros I I (C')and(I)1.u�r rcyuircd. �I�hc/oning Administrator maY rcquirc Items I I (li)and(F)as n�eded to re��ie�� the application for an Administrative Permit. , --- 1 B)The�licant shall submit accurate dra�vings at lhe same scale of - Formatted:Normai,indenr.�e�t: r', thc c�istin<�and proposcd e uc�i mcnt. Nanginq: o.zs" N-I-� t�=<; I � Amateur Radio Antennas and Towers. This subsection is applicable only to federally licensed amateur radio operators. (A) All amateur radio to�i�ers shall be installed in accordance��ith the instructions furnished b�°the manufacturer for thc to���er model to be installed.Because of the experimental nature of the amateur radio service.antennas mounted on such a to�ver may be moditied or changed at an��time so long as the published allo��°able load on the to�°er is not exceeded and the structure of the tower remains in accordance�aith the manufacturef s specifications. (B) No toN�er shall be located within public or private utility and drainage easements. (C) All towers shall be reasonably protected against unauthorized climbing. (D) Towers located closer to a property line than a distance equal to the height of the tower shall be setback as far as possible tiom the nearest property line.At a minimum,the tower shall comply with the minimum setback requirements of the zone in wfiich it is located. (E) No part of any antenna ar tower,nor any lines,cable,equipment,wires or braces shall at any time be located on or extend across or over any part of any right-ot=way,public street,road,highway,sidewalk,utility or drainage easement or property line.