6.b) • _ I i
Meeting Date: 05/03/11
Agenda Item: 6>
Planning Commission/City Council
Agenda Report
City of Scandia
14727 209th St.North
Scandia, MN 55073 (651)433-2274
Action Requested: Review and discuss draft amendments to the Development Code
requirements for Wireless Communications Antennas and Towers
(Chapter 2, Section 4.30.)
Deadline/Timeline: N/A
Background: • At the February 1 meeting, after recommending approval of a
CUP for AT&Ts proposed cell phone tower near Manning and
240th St.,the Commission decided to continue discussion of the
regulations for such uses at the March 1 meeting.
• Based on that discussion, Planner Sherri Buss drafted some
possible ordinance amendments which were reviewed at the April
5 meeting. The Planning Commission requested changes which
have been incorporated into a new version for discussion at the
May 3 meeting.
Recommendation: I recommend that the Commission review the draft amendments,
making changes as necessary. The next step would be to schedule a
public hearing at a future meeting,potentially on June 7.
Attachments/ • TKDA Memorandum dated April 26,2011
Materials provided: • Redlined Version of Chapter 2, Section 4.30 of the Scandia
Development Code
• Draft Ordinance No. 126--includes amendment to Definitions
section (Chapter 1, Section 4.2) and new Wireless
Communications Antennas and Towers requirements (Chapter 2,
Section 4.30) as revised
Contact(s): Sherri Buss, City Planner(651 292-4582)
Prepared by: Anne Hurlburt, City Administrator
(Wireless Comm Regulations Draft May)
Page 1 of 1
04/26/11
TKDA 444 Cedar Street Suite 1500
Saint Paul,MN 55101
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The right time.The right people.The right eeenpaupc (651)292(651)292-00830083 Fax
www.tkda.cam
MEMORANDUM
To: Scandia Planning Commission Reference: Wireless Communications Antennas
and Towers Ordinance Update
Copies To: Anne Hurlburt, City Administrator
Dave Herbert, City Attorney
Proj.No.: 14530.000
From: Sherri Buss, RLA, Planner Routing:
Date: April 26, 2011
Attached is a draft of the amended Wireless Communication Antennas and Towers section of the
Development Code(Section 4.31),based on our discussions at the March and April Planning Commission
meetings. Steve Stulz of AT&T also reviewed the draft and provided some comments,which are included in
the discussion items below. We will review the revised draft on May 3, and determine whether it is ready for
a public hearing at the June meeting.
Copies of the ordinance amendment are attached with and without the changes from the current ordinance
identified,based on the Commission's request at the April meeting.
Section 1. Proposed definition for"stealth towers"
• We added historic windmills as one of the examples,per the Planning Commission request.
Section 8. Prohibitions. Issues for discussion include the following:
• Item (A)—determination of a maximum tower height and required separation between towers
is a key issue for the ordinance. The overall issue is whether the City prefers to have fewer,
taller towers, or a larger number of shorter towers. Many communities are moving toward
having a larger number of shorter towers that are co-located with buildings or road rights-of-
way,with a philosophy that shorter, co-located towers may be less obvious that tall towers
with large setbacks from buildings,roadways and infrastructure.
o The maximum tower height in the current ordinance is 300 feet, with a one-mile
separation from other towers.
o At the April meeting, a PC member proposed a maximum height of 195 feet(this
height was suggested because towers over 200 feet in height must meet FCC/FAA
requirements and have lights)with a two-mile minimum separation between towers.
o Many rural communities' ordinances currently include a 150-foot maximum height
with a one-mile separation requirement. Urban areas often have a shorter maximum
height with no separation requirement, as it is easier to co-locate towers with
buildings,poles, etc., in urban areas.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Scandia Planning Commission Page 2 May 3,2011
Wireless Communications Ordinance
o The Planning Commission should make a final recommendation regarding the
maximum tower height and minimum separation. Staff will update the ordinance as
needed to make it consistent throughout.
• The following information was provided for the previous meeting, and is included again to
assist with the Commission discussion of the tower height/separation issue: Steve Stulz of
ARES/AT&T provided the following information that helps to explain the differing ordinance
requirements between rural and urban areas. This information may help the Planning
Commission to discuss options for tower height, and the way that this affects the number of
towers that may be needed to serve a given geographic area:
o A 150' tower can generally serve an area of 3-4 square miles. A 75' tower can
generally serve about 1 square mile (these distances vary somewhat due to
topography). So 3-4 75' towers would typically be needed to cover the same area as a
150' tower.
o It is not feasible to collocate multiple antennas on 75' towers. Each antenna needs a
10' separation from adjoining antennas, so the lower antennas become too low to
provide effective service. Towers that are 100' tall can collocate 2 antennas. Towers
that are 125' or more in height can collocate 3 antennas.
o Any maximum tower height from 75' and higher is technically feasible. Shorter
towers generally mean more towers to serve the same geographic area. In urban areas,
there are many options for placing antennas on utility poles,buildings, etc., so they are
not as visually obvious. There are fewer structures that can host antennas in rural
communities, so ordinances often allow towers there to be taller,to reduce the number
of towers through larger service areas and opportunities to collocate antennas on the
towers.
Section 9. Performance Standards. Issues for discussion include the following:
• Planning Commission members should review the revised performance standards section,to
determine whether members agree with the revised setback requirements, and to consider
whether the requirements are consistent with the proposed maximum tower height and
minimum separation between towers.
• Item (D): Steve Stulz questioned the language regarding"creative design measures,"
indicating that some carriers may not know what is meant by this term. The language could
be revised to clarify that the City may require "creative design measures to screen or
camouflage facilities."Requirements for creative tower design(i.e., stealth design) are
included in other sections of the proposed amendment.
• Item (H): Steve Stulz suggested a revision to clarify this section,that would read"Associated
receiving/transmitting or switching equipment shall be located within the monopole tower..."
• Item (K): This section includes a sentence indicating that the City Council reserves the right
to act as an arbiter between tower owners and potential tenants if disputes arise. Staff asked
the City Attorney to provide some guidance on whether there may be concerns related to the
Scandia Planning Commission Page 3 May 3, 2011
Wireless Communications Ordinance
Council acting in this role. Dave suggested that the sentence should be taken out. He noted
that the City will review the evidence produced by each of the companies and decide whether
the second antenna is feasible and the parties are acting in good faith. The City would not
really acting as an arbiter.
Section 10. Application:
• Item (D): Steve Stulz requested a clarification of the term "alternative site analysis." Staff
suggest we change this term to"analysis of alternative sites"to clarify the intended analysis.
Y �rs. Cee - edwizet
EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
•
(A) The tower climbing apparatus shall not be located within 12 feet of the ground.
(B) A locked anti-climb device shall be installed on the tower.
(C) A protective fence at least 6 feet in height.
(11) The color of the structure shall be either gray or off-white.
(12) In the event of permit revocation or if the wind energy conversion system is no longer used,
the wind energy conversion system shall be removed and the site restored to its original
condition within 120 days.
4.30 Wireless Communication Antennas and Towers
(1) Purpose and Findings.
The City fmds that the Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and subsequent revisions,grants the Federal
Communications Commission exclusive jurisdiction over the regulation of the environmental
effects of radio frequency emissions from telecommunications facilities and the regulation of
radio signal interference among users of the radio frequency spectrum.
Consistent with the Act,the regulation of towers and telecommunications facilities in the City
is not intended to have the effect of prohibiting any person from providing wireless
telecommunications services. The general purpose of this Section is to regulate the placement,
construction and modification of telecommunications towers and facilities in order to protect
the health,safety and welfare of the public,while not unreasonably interfering with the
development of the competitive wireless communications marketplace in the City. The
purpose of this Section is to:
(A) Regulate the location of telecommunication towers and facilities.
(A)0 Accommodate the communication needs of residents and businesses while
protecting public health and safety;
(B)(C) Minimize adverse visual effects of towers through careful designs and-siting.
staffs landscaping and innovative camouflaging techniques;
(G)(D) Avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements;
(E) Maximize the use of existing and approved towers and buildings to accommodate
multiple wireless telecommunication antennas to reduce the number of towers needed
to serve the community.-1
(D)ff) Ensure that telecommunication towers and facilities are compatible with
surrounding land uses.
(2) Permits.
City of Scandia Development Code,Chapter 2 Page 2-85
I EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
(A) The following may be allowed with the issuance of a-eenditienal-an interim use
permit,provided the conditions contained in this Chapter are met:
1. The construction of a new tower in excess of 35 feet.
2. Satellite dish antenna(s)larger than twe-6 meters in diameter.
3. 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.
(B) The following may be allowed with the issuance of an administrative permit,provided
the conditions in this Chapter are met:
3 1_The addition of a new antenna on an existing permitted tower.
4:2_The construction of a new tower attached to an existing building and extending
more thanl 5 feet above the highest point of that building.
3.
sideside-ef-the-read7 Antennas to be attached to a public structure.
574. Satellite dish antennas larger than 2 meters but smaller than 6 meters in size.
eenditieftal-use-zoning permit is not required for the following:
1. Household radio,television and short-wave radio receiving antenna(s),or tower(s)
attached to a residential structure,extending less than 15 feet above the highest
point of that structure.
2. Amateur radio antennas and towers,provided that the conditions contained in
Subsections 6(A); 8(_>?H),(El)and(JE); 9(G1), (D),(G),(H),(I),(J)and(N); and
12 are met.
3. Adjustment,repair or replacement of the elements of an antenna.
4. The construction of a new tower attached to an existing building,extending less
than 15 feet above the highest point of that building.
(3) 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(10)feet of the tower to be replaced.The only
permitted reasons for replacement of an existing,nonconforming tower will be to increase the
number of antennas or to preserve the structural integrity of the structure.If a tower requires
replacement for any other reason, such replacement tower shall meet all of the standards of
this Chapter.
City of Scandia Development Code,Chapter 2 Page 2-86
EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
(4) 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.
(5) Term of Permit and Revocation.
(A) An eenditional-interim use or administrative permit for towers requiring a-eenditional
usesuch permits shall remain in effect so long as the conditions in the permits are met.
(B) The grounds for revocation of a e-permit shall be based on a fmding
that:
1. The permiee 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.
(6) 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 pertaining 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 revocation 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.
(7) 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) Agriculture Core District(AG C),General Rural District(GR),Village Neighborhood
District(VN),Village Mixed Use A District(VMU A),Village Mixed Use B District
(VMU B),Industrial Park District(LP)and Rural Commercial District(R COMM).
The following are permitted with a-eenditieual-an interim use permit:
1. The addition of a new antenna on an existing tower for which a-eenditienal-an
interim use permit is required.
City of Scandia Development Code,Chapter 2 Page 2-87
EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
2. A satellite dish antenna larger than twe-2 meters in diameter but not exceeding
three meters in diameter.
3. 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 to a
maximum height of 150 feet.
4. A free standing tower exceeding 35 feet in height besot excee gup to 150 feet
in height.
5. A tower attached to an existing building extending more than 15 feet above the
highest point of the building up to a maximum height of 150 feet.
5.6. Towers proposed in the Agriculture Core District(AG C)shall be placed on
existing buildings and utility easements or rights-of-way where feasible, and
located to cause minimal disruption to agricultural operations.
(B) Agriculture Preserves District(AP.)The
following are permitted with a conditional an interim use permit:
1. The addition of a new antenna on an existing tower for which man
interim use permit is required.
2. Satellite dish antennas)larger than 2 meters in diameter.
3. A tower within the easement of a high power overhead transmission line or within
50 feet of the transmission line on the same side of the road to a maximum height
of 200-195 feet.
4. A tower attached to an existing building,extending more than 15 feet above the
highest point of the building up to a maximum height of 300-195 feet.
(C) Preferred Locations. If co-location is not feasible,the preference for location of new
towers within the City is,in order of priority:
1. On Industrially-zoned property.
2. On existing public lands or structures.
3. Adjacent to existing buildings two or more stories in height.Athletic facilities,
public parks and golf courses.
4. Within County and State Highway 97 roadway rights-of-way.
5. Parking lots,if the monopole replicates,incorporates or substantially blends with
the overall lighting standards of the lot.
6. Agricultural property.
City of Scandia Development Code,Chapter 2 Page 2-88
,EFFECTIVE NOVEMBER 3,2010jupdated through Ordinance 126,(date),2011) Chapter Two 0 Zoning Regulations
(D) Preferred support structures. The following are preferred structures for co-location of
antennas(no priority indicated by order):
1. Collation on existing antenna support structures.
2. Church steeples.
3. Sides of buildings or structures.
4. Existing power,light or telephone poles.
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(8) Prohibitions.
(A) No tower shall be over 195 feet in height or within ene-2 miles of another tower
for which an conditional-interim use permit 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 for the proposed tower
cannot be accommodated:
1. on an existing tower; or
2. on a tower that has been permitted by the City of Scandia
or another jurisdiction(even though it may not yet be constructed);or
3. on a tower whose application for an interim use permit is currently
pending before the City of Scandia.
City of Scandia Development Code,Chapter 2 Page 2-89
EFFECTIVE NOVEMBER 3,2010jupdated through Ordinance 126,(date),2011) Chapter Two 0 Zoning Regulations
•
loeated,
,
Hig ways cic and rn and Count y R oads n 1 c and c� „lei it ca be demonstrated
(G)(C) No temporary antenna/tower sites are permitted except in the case of equipment
failure,equipment testing or in the case of an emergency situation as authorized by the
Washington County Sheriff.Use of temporary antenna/tower sites for testing purposes
shall be limited to 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 emergency
situation shall be limited to a term of 30 days.These limits may be extended by the
Zoning Administrator.
Permanent platforms or structures,exclusive of antennas,other than those
necessary for safety purposes or for tower maintenance are prohibited.
4)LEINo 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.
(- No advertising or identification signs shall be placed on towers or antennas.
(9) Performance Standards.
(VN) Village Mixed Use A DistrictV'll 11.(' e U D 7l' t_:
be c , e O a vac ant parcel of land._the 7«du tr l k D tr; t iron n l
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(A) All towers and accessory equipment must comply with the following minimum
setback requirements:
1. Towers and accessory equipment shall meet the setbacks of the zoning district in
which it is located. Setback requirements for towers are measured from the base of
City of Scandia Development Code,Chapter 2 Page 2-90
- I,EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
the tower to the property line of the parcel on which it is located. The tower may
not encroach upon any easements.
2. The tower shall be setback from the nearest residential structure on another lot at
least twice the height of the tower. Exceptions to such setback may be granted if a
qualified structural engineer specifies in writing that any collapse of the pole will
occur within a lesser distance under all foreseeable circumstances.
3. The setback for a tower or accessory equipment may be reduced or its location in
relation to a public street varied,at the discretion of the City,to allow the
integration of the structure into an existing or proposed structure such as a light
standard,power line support device or similar structure.
(B}4.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 between the tower and property line.The applicant for any tower shall
submit written documentation explaining tower construction and possible failure
and provide assurance that blowing or falling ice can be contained on the subject
property. e4ewer shame r-eqtrifeme
..ts of tL,e ..hiel it is to „te.t
(B) A tower shall be located on a parcel of land so as to 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 the tower is located.
(C) Towers shall be a maximum of 75 feet in height and shall be of stealth design if
located within one-quarter mile of State Highway 95,along a designated Scandia
scenic by-way,or within the Historic Village Area(VMU A Zoning District). A
stealth design is preferred for towers in other location.
(D) The tower location shall provide the maximum amount of screening for off-site views
of the facility.The city may require creative design measures to screen or 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 for the co-location of additional antennas as follows:
1. Structures from 100 to 125 feet-a minimum of 2 tenants.
2. Structures from 125 to 200-195 feet-a minimum of 3 tenants.
3 S t, bove 200 feet-but4ess 300-fie
(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/or towers
of stealth construction are required.
City of Scandia Development Code,Chapter 2 Page 2-91
EFFECTIVE NOVEMBER 3,2010(uodated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
• •
(H) Associated receiving/transmitting or switching equipment shall be located within a
structure or within the monopole tower.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) The 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 tower owners shall, in good faith,lease space to
other users so long as there is no disruption in the existing service provided by the
tower's existing users and no negative structural impact upon the tower.Ifza-a diispp'u`te
to-ether
(L) All towers shall be reasonably protected against unauthorized climbing. The bottom of
the tower from ground level to 12 feet above ground shall be designed in a manner to
preclude unauthorized climbing or shall be enclosed by a 6 feet high chain link fence
with a locked gate.
(M) Antenna and tower owners 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.
(10) 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 interim use permits for new towers and
antennas shall be accompanied by the following information:
(A) A report from a qualified and licensed professional engineer which:
1. describes the tower height and design including a cross section and elevation;
2. certifies the tower's compliance with structural and electrical standards;
3. describes the tower's capacity, including the potential number and type of antennas
that it can accommodate;
4. describes the lighting to be placed on the tower if 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;
City of Scandia Development Code,Chapter 2 Page 2-92
•
• .EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
6. specifies the distance to any DNR protected lake or river,the St. Croix Rivery
and any boundary of a city, state or county park.
(B) Each application shall include a 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 5 year plan.The plan shall be updated with each
submittal as necessary:
1. Written description of type of consumer services each company/carrier will
provide to its customers over the next 5 years(cellular,personal communication
services, specialized mobile radio,paging,private radio or other anticipated
communication technology).
2. Provide a list of all existing sites,existing sites to be upgraded or replaced and
proposed sites within the City for the services provided by the company.
3. Provide a presentation size map of the City which shows the five year plan for
sites, or if individual properties are not known,the geographic service areas of the
site.
4. The information provided as part of the 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 landowner/lessee that he/she/it will abide by all
applicable interim use permit conditions.
(D) The City Council may, in its discretion,require visual impact demonstrations
including mock-ups and/or photo montages; screening and painting plans;network
maps; alternative of alternative sites; lists of other nearby
telecommunication facilities; or facility design alternatives for the proposed tower.
(E) The Zoning Administrator is explicitly 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
subject to the terms and conditions of a properly executed non-disclosure agreement.
(11) Application-Existing Tower/New Antenna.
In the event that an application is only to add a new antenna to an existing permitted tower or
structure,the requirements as delineated under Subsection(10)(A)(6)and(10)(B)shall not
apply.
(12) Amateur Radio Antennas and Towers.
This subsection is applicable only to federally licensed amateur radio operators.
(A) All amateur radio towers shall be installed in accordance with the instructions
furnished by the manufacturer for the tower model to be installed.Because of the
experimental nature of the amateur radio service,antennas mounted on such a tower
City of Scandia Development Code,Chapter 2 Page 2-93
EFFECTIVE NOVEMBER 3,2010(updated through Ordinance 126.(date).2011) Chapter Two 0 Zoning Regulations
may be modified or changed at any time so long as the published allowable load on
the tower is not exceeded and the structure of the tower remains in accordance with
the manufacturer's specifications.
(B) No tower 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 from the nearest property line.At a minimum,
the tower shall comply with the minimum setback requirements of the zone in which it
is located.
(E) No part of any antenna or 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-of-way,public
street,road,highway, sidewalk,utility or drainage easement or property line.
4.32 Yard Waste Facilities. A yard waste facility shall comply with all of the following standards:
(1) The minimum lot area required for yard waste facilities is 10 acres.
(2) Composting, storage,transfer,loading and processing activities shall be set back as follows:
(A)Property lines 100 feet
(B) Existing residential uses not on the property 500 feet
(C) DNR protected watercourse 200 feet
(D)Wetland 75 feet
(3) The yard waste facility shall be screened from view from all•adjacent properties and
roadways according to the landscaping and screening requirements of this Chapter.
(4) Access to the site shall be controlled to prevent unauthorized dumping during non-business
hours.
(5) A plan for collection,retention and drainage of storm water shall be provided for review and
approval.The storm water facilities shall meet current National Pollutant Discharge
Elimination System requirements and employ Minnesota Pollution Control Agency's best
management practices.
(6) The materials which can be processed are limited to garden waste,leaves,lawn cuttings,
weeds, shrub and tree waste and prunings.
(7) The operator shall,upon request,provide information to the City specifying the volume of
waste brought onto the property for processing or composting
(8) The operator shall provide sufficient equipment to properly manage the composting and
processing activities.At a minimum this shall include a front end loader or similar machinery
for loading,unloading,turning,and aeration operations; a shredder for reducing new material
City of Scandia Development Code,Chapter 2 Page 2-94
• \
CITY OF SCANDIA
ORDINANCE NO.: 126
AN ORDINANCE AMENDING ORDINANCE NO: 122,
THE CITY OF SCANDIA DEVELOPMENT CODE
The City Council of the City of Scandia, Washington County,,u;. s.sota hereby ordains:
A,xY
Section 1. Amendment. Ordinance No. 122, the City of Sc r. k evelopment Code, Chapter
One, Section 4.2, Definitions, shall be amended to add the fol owing try nition:
Tower, Stealth: A communications tower that is disguised or cam k j „aged to blend into
the surrounding landscape. Examples include towers that are designed.*appear as trees,
church towers, silos, historic windmills, flag poles or other structures that blend with the
local landscape.
Section 2. Amendment. Ordinance NOT 122, the City of Scandia Development Code, Chapter
{r. x
Two, Section 4.30 shall be amended to read s fi llows:
4.30 Wireless Communication Antennas and Towers
(1) Purpose and Findings. `;
The City finds'that the Federal Communications`Act of 1934 as amended by the
Telecommunications,Act of 19R6 and subsequent revisions, grants the Federal
ComA.munications Cominission exclusive jurisdiction over the regulation of the environmental
� , ects o "`frequency emiss• ions from telecommunications facilities and the regulation of
radio signal i fence on users of the radio frequency spectrum.
t" : sistent with thhtt,the regulation of towers and telecommunications facilities in the City
is ,intended to hthe effect of prohibiting any person from providing wireless
telec ,ti' i 'cationrvices. The general purpose of this Section is to regulate the
placeme construdtion and modification of telecommunications towers and facilities in order
to protect t ) lth,safety and welfare of the public,while not unreasonably interfering with
the developnfti of the competitive wireless communications marketplace in the City. The
purpose of this Section is to:
(A) Regulate the location of telecommunication towers and facilities.
(B) Accommodate the communication needs of residents and businesses while protecting
public health and safety;
(C) Minimize adverse visual effects of towers through careful design, siting,landscaping
and innovative camouflaging techniques;
Ordinance No. 126 • ,
(D) Avoid potential damage to adjacent properties from tower failure through structural
standards and setback requirements;
(E) Maximize the use of existing and approved towers and buildings to accommodate
multiple wireless telecommunication antennas to reduce the number of towers needed
to serve the community;
(F) Ensure that telecommunication towers and facilities are compatible with surrounding
land uses.
(2) Permits.
(A) The following may be allowed with the issuance of an interim use permit,provided
the conditions contained in this Chapter are met:
1. The construction of a new tower in exc 'of 35 feet.
2. Satellite dish antenna(s)larger than 6 meters in diameter.
3. The construction of a tower within the eaasement of a high voltage overhead
transmission line,or within 50 feet of theismission line easement on the same
side of the road.
(B) The following may be allowed With the issuance of an administrative permit,provided
the conditions in this Chapter are Met: :,.
1. The addition of a new antenna on an existing permitted tower.
•
2. The"constru- .:. of a new tower attached to an existing building and extending
mire than)5 above the highest point of that building.
3. Ant I . .11 p t51ic structure.
4. Satellite dis ` nnas larger than 2 meters but smaller than 6 meters in size.
r �
(C) A zoning permit is not�required for the following:
1. Household radio,television and short-wave radio receiving antenna(s),or tower(s)
attached to a residential structure,extending less than 15 feet above the highest
point ofrthat structure.
2. Amateur radio antennas and towers,provided that the conditions contained in
Subsections 6(A); 8(D), (E)and(F); 9(B),(D), (G), (H), (I), (J)and(N); and 12
are met.
3. Adjustment,repair or replacement of the elements of an antenna.
4. The construction of a new tower attached to an existing building,extending less
than 15 feet above the highest point of that building.
(3) Nonconformity.
Any existing tower that becomes non-conforming as a result of the adoption of this Chapter
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OrE1inance No. 126
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 10 feet of the tower to be replaced. The only
permitted reasons for replacement of an existing,nonconforming tower will be to increase the
number of antennas or to preserve the structural integrity of the structure. If a tower requires
replacement for any other reason,such replacement tower shall meet all of the standards of
this Chapter.
(4) Variance.
(A) A variance from any requirement of this section mayybe sought by the applicant and
heard in accordance with the procedures,but not the a ards, set forth in Chapter
One of this Development Code. �
(B) The criteria for granting a variance under this section shall be p sentation of
engineering data demonstrating that services cannot be provided*the applicant
within its service area without the variance.
(5) Term of Permit and Revocation.
(A) An interim use or administrative permit for towers requiring such permits shall remain
in effect so long as the cOliditions in the permits are met.
•
(B) The grounds for revocation 6f a permit;shall be based a finding that:
1. The permiee has failed to c Opplywith coidions of'approval imposed; or
2. The facility has not been properly maintained; or
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3. The facility is no longer in use and has not been in use for the previous 12 months.
(6) Other R ents
(A) All ru regulations of the FCC and FAA shall be met and complied with.All
h fr antennas -" for the transmission of electromagnetic waves shall be subject to
federal and , to regulations pertaining to non-ionizing radiation and other health
hazards relat to such facilities. If new,more restrictive standards are adopted,the
,aiitenna instillations shall be brought into compliance with the new standards by the
Owner and Aerator.The cost of verification of compliance shall be borne by the
o " operator of the antenna.
(B) In the event of revocation 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.
(7) 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.
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•
Ordinance No. 126
(A) Agriculture Core District(AG C),General Rural District(GR),Village Neighborhood
District(VN),Village Mixed Use A District(VMU A),Village Mixed Use B District
(VMU B),Industrial Park District(IP)and Rural Commercial District(R COMM).
The following are permitted with an interim use permit:
1. The addition of a new antenna on an existing tower for which an interim use
permit is required.
2. A satellite dish antenna larger than 2 meters in diameter but not exceeding three
meters in diameter.
3. A tower within the easement of a high voltage overhead transmission line or
within 50 feet of the transmission line easement €;the same side of the road to a
maximum height of 150 feet.
4. A free standing tower exceeding 35 feet in height up to 150 feet in height.
Y ,5. A tower attached to an existing building extending more than 151eet above the
highest point of the building up to a maximum height of 150 feet.`' -'=
6. Towers proposed in the Agriculture Core District(AG C)shall be placed on
existing buildings anal:utility easements or`rights-of-way where feasible,and
located to cause minim disruption to agricultural operations.
(B) Agriculture Preserves District(AP)The following are permitted with an interim use
permit:
1. The addition of a new antenna`on an existing tower for which an interim use
permit is required.
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2. Satellite dish aritenna(s)larger than 2 meters in diameter.
A tower within the easement of a high power overhead transmission line or within
Arc-' of the tr nsmission line on the same side of the road to a maximum height
of l t
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,s, 4. A towe t ached to an existing building,extending more than 15 feet above the
highest pOint of the building up to a maximum height of 195 feet.
(C) Preferred Lacations. If co-location is not feasible,the preference for location of new
toNif*Iwithin the City is, in order of priority:
1. On Industrially-zoned property.
2. On existing public lands or structures.
3. Adjacent to existing buildings two or more stories in height.Athletic facilities,
public parks and golf courses.
4. Within County and State Highway 97 roadway rights-of-way.
5. Parking lots,if the monopole replicates,incorporates or substantially blends with
the overall lighting standards of the lot.
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Ordinance No. 126
6. Agricultural property.
(D) Preferred support structures. The following are preferred structures for co-location of
antennas(no priority indicated by order):
1. Collation on existing antenna support structures.
2. Church steeples.
3. Sides of buildings or structures.
4. Existing power,light or telephone poles.
(8) Prohibitions.
(A) No tower shall be over 195 feet in height Or within 2 miles of another tower for which
an interim use permit is required re ardless of mwnicipal boundaries.
(B) A proposal for a new tower shall not be approved:unless it can be shown by the
applicant that the telecommunication a ui pp q pnen planned for the proposed tower
cannot be accommodated:
1. on an existing tower; or,
2. on a tower that has been permitted by the City of Scandia or another jurisdiction
(even though it may not yet be constructed);or
3. o "a`tower 'y application for an interim use permit is currently pending before
fliefity of Sc a.
(C) No tempo r sites are permitted except in the case of equipment
failure,equi• ; testing • case of an emergency situation as authorized by
the Washington V., ty Sheriff.Use of temporary antenna/tower sites for testing
purposes shall be • to 24 hours and shall be subject to an administrative permit.
Use of temporary ant:t tower sites for equipment failure or in the case of an
emergency situation shall be limited to a term of 30 days. These limits may be
extended by rte Zoning Administrator.
(D) Permanent platforms or structures,exclusive of antennas,other than those necessary
for safety purposes or for tower maintenance are prohibited.
(E) 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.
(F) No advertising or identification signs shall be placed on towers or antennas.
(9) Performance Standards.
(A) All towers and accessory equipment must comply with the following minimum
setback requirements:
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Ordinance No. 126
1. Towers and accessory equipment shall meet the setbacks of the zoning district in
which it is located. Setback requirements for towers are measured from the base
of the tower to the property line of the parcel on which it is located. The tower
may not encroach upon any easements.
2. The tower shall be setback from the nearest residential structure on another lot at
least twice the height of the tower. Exceptions to such setback may be granted if a
qualified structural engineer specifies in writing that any collapse of the pole will
occur within a lesser distance under all foreseeable circumstances.
3. The setback for a tower or accessory equipment maduced or its location in
relation to a public street varied,at the discretion, he City,to allow the
integration of the structure into an existing or structure such as a light
standard,power line support device or simil=stru tted 6
4. Towers located closer to a property line than a distance&NV.tp the height of the
tower shall be designed and engineered to collapse progressiitd within the
distance between the tower and property line.The applicant forforinyrtower shall
submit written documentation explaining tower construction and possible failure
and provide assurance that blowing or falling ice can be contained-on the subject
property.
(B) A tower shall be located of a parcel of land so as to 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 t tower is located.
(C) Towers shall be a maximum of 75 feet in height nnd shall be of stealth design if
located within one-quarter mile osState Highway 95,along a designated Scandia
scenic by-way,or within the Historic Village Area(VMU A Zoning District). A
stealth design is preferred for tower ,other location.
(D x e tower location shall providetie maximum amount of screening for off-site views
�4 acility The pity may require creative design measures to screen or camouflage
facie integrating them with existing buildings and among other existing uses.
Existing site vegetation-shall be preserved to the maximum extent practicable.
The height kf a tower shall allow for the co-location of additional antennas as follows:
1. Structur0 from 100 to 125 feet-a minimum of 2 tenants.
2. Structures from 125 to 195 feet-a minimum of 3 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/or towers
of stealth construction are required.
(H) Associated receiving/transmitting or switching equipment shall be located within a
structure or within the monopole tower. The base of the tower and any tower
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,Ordinance No. 126
accessory structures shall be landscaped where practical. Tower accessory structures
shall be constructed of materials designed to minimize visibility to the neighborhood.
(I) The 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 tower owners shall, in good faith,lease space to
other users so long as there is no disruption in the existing service provided by the
tower's existing users and no negative structural impactimpact,,Att:the tower.
(L) All towers shall be reasonably protected against zed climbing.The bottom
of the tower from ground level to 12 feet above,.. Sun be designed in a manner
to preclude unauthorized climbing or shall be enclosed by a 6-feet high chain link
fence with a locked gate.
(M) Antenna and tower owners 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 collapsesbr other catastrophic failure.
(10) Application-New Tower.
In addition to the submittal requirements required elsewhere in this section or in Chapter 1 of
this Development Code,applications for/interim use permits for new towers and antennas
shall be accompanied by the following information:
(A) A report from a qualified and licensed professional engineer which:
1. describes the tower height and design including a cross section and elevation;
2. certifies the towers"compliance with structural and electrical standards;
3. describes"the tower's capacity, including the potential number and type of
antennas tthat it can accommodate;
4. describes the lighting to be placed on the tower if 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 and
any boundary of a city, state or county park.
(B) Each application shall include a 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 5 year plan.The plan shall be updated with each
submittal as necessary:
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Ordinance No. 126 ,
1. Written description of type of consumer services each company/carrier will
provide to its customers over the next 5 years(cellular,personal communication
services, specialized mobile radio,paging,private radio or other anticipated
communication technology).
2. Provide a list of all existing sites, existing sites to be upgraded or replaced and
proposed sites within the City for the services provided by the company.
3. Provide a presentation size map of the City which shows the five year plan for
sites,or if individual properties are not known,the geographic service areas of the
site.
4. The information provided as part of the 5 year facility plan that is a trade secret
pursuant to Minnesota Statute Section 13.37=shall beclassified as non-public data.
(C) Written acknowledgment by the landowner/lessee that he/she/it will abide by all
applicable interim use permit conditions'.'`
(D) The City Council may, in its discretio£ require visual impact demonstrations
�p.t
including mock-ups and/or photo montages:screening and painting plans;network
maps; analysis of alternative sites; lists of of nearby telecommunication facilities;
or facility design alternatives for the proposed wer.
n` 2g,m
(E) The Zoning Administrator is explicitly authorized tv ploy 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
subject to the tee and conditions of a properly executed non-disclosure agreement.
(11) Application 'existing Tower/New Antenna:.
In the event that an p<`cation only t�d a new antenna to an existing permitted tower or
structi e,therequireris as delineated under Subsection(10)(A)(6)and(10)(B) shall not
apply.
(12), Amateur Radio Antennas and owers.
This subsection is applicable only to federally licensed amateur radio operators.
(A) All'amateur radio towers shall be installed in accordance with the instructions
furnished by the manufacturer for the tower model to be installed.Because of the
experimental nature of the amateur radio service,antennas mounted on such a tower
maybe modified or changed at any time so long as the published allowable load on
the tower is not exceeded and the structure of the tower remains in accordance with
the manufacturer's specifications.
(B) No tower 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 from the nearest property line.At a minimum,
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Ordinance No. 126
I. •
the tower shall comply with the minimum setback requirements of the zone in which
it is located.
(E) No part of any antenna or 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-of-way,public
street,road,highway, sidewalk,utility or drainage easement or property line.
Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
a
eif
Passed and adopted by the City Council of the City of ScaFh74, tia t day of
2011.
Randall Simonson,Mayor
ATTEST:
Anne Hurlburt,Administrator/Clerk
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