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7.b)1) Code Requirements for Wireless Communications Antennas and Towers � Meeting Date: 06/21/11 Agenda Item: �"� /,� ! ! � L.f City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: As recommended by the Planning Commission, adopt Ordinance No. 126, amending the Development Code requirements for wireless communications antennas and towers. Deadline/Timeline: N/A Background: • The Planning Commission studied the regulations for wireless communications antennas and towers at its March, April and May meetings. A public hearing was held on June 7, 2011 meeting. • At the hearing, comments in support of the ordinance were received from one citizen and the National Park Service. The Commission recommended approval of the ordinance with no changes to the public hearing draft. Recommendation: Staff recommends that the Council adopt the ordinance, as recommended by the Planning Commission. Attachments/ • Excerpt of June 7, 2011 Planning Commission Minutes (Not Materials provided: Approved) • Press Release dated May 9, 2011 • 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) • Article from St. Paul Pioneer Press/TwinCities.com, "Scandia, St. Croix River Valley Groups Stand up to Cellphone Towers", May 28, 2011 ' Contact(s): Sherri Buss, City Planner (651 292-4582) Prepared by: Anne Hurlburt, City Administrator (Ordinance 126 wireless antenna and towers) Page 1 of 1 06/09/11 � /UDT� �P�i�O�f� . June 7, 2011 The Scandia Planning Commission held their regular monthly meeting on the above date. Commission Chair Maefsky called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance,roll call was taken. The following were in attendance: Commission Chair Christine Maefsky, Commissioners Jan Hogle, Tom Krinke, Steve Philippi and Peter Schwarz. Staff present: City Administrator Anne Hurlburt, Clty PlaririeT Sherri Buss and Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA.MINUTES Schwarz, second by Philippi, moved to approve the agenda as presented. The motion carried 5-0. Schwarz, second by Krinke, moved to approve the May 3, 2011 minutes as presented. The motion carried 5-0. ..�� ORDINANCE NO. 126: DEVELOPMENT CODE REOUIREMENTS FOR WIRELESS COMMUNICATIONS ANTENNAS AND TOWERS A public hearing was held for the purpose of amending the development code requirements for wireless communications antennas and towers. The Planning Commission studied the regulations at three prior meetings. The recommended changes were incorporated into proposed Ordinance No. 126. City Planner Sherri Buss summarized the key changes from the current regulations. The maximum height of towers would be reduced from 300 feet to 195 feet. The setback between towers would increase from 1 mile to 2 miles. Towers would be limited to 75 feet in sensitive locations, and must be of stealth design. Sensitive areas are defined as within a quarter mile of Highway 95, within a designated scenic viewshed or in the historic village area. A definition of stealth will be added to Chapter lof the development code. The permitting process would change from a Conditional Use Permit to an Interim Use Permit, one that terminates at some time in the future. The ordinance contains language which strengthens and clarifies screening requirements, and also references new technology, such as Wi-Fi antennas. Commission Chair Maefsky opened the public hearing. Jan Brown, 23110 Manning Trail: Ms. Brown stated that she was interested in hearing the content of the proposed ordinance and that it sounded good to her. Jill Medland, Environmental Coordinator with the National Parks Service, St. Croix Falls, WI.• Ms. Medland relayed the position of the National Parks Service which supports the adoption and implementation of the proposed ordinance. They were encouraged that protection of the scenic triverway has been included. As there were no other comments, Chair Maefsky closed the public hearing. June 7,2011 Scandia Planning Commission Page 2 of 3 Commissioner Schwarz questioned the term zoning permit in Section 4.30(2)(D). Administrator Hurlburt explained that zoning permits include CUPs, IUPs and Administrative Permits. It is possible that a building permit could be required for the antennas and towers described in this section. The Commissioners discussed several wording options to Performance Standards Section (S)(K) 2, to allow for discretion on setbacks. Consensus was to remain with the original wording as contained in this section. Commissioner Krinke stated that he is comfortable with the ordinance as it`was presented. Schwarz, seconded by Krinke, moved to recommend to the City Council approval of draft Ordinance Na 126, amending the Development Code requirements for wireless communications towers and antennas. The motion carried 5-0. WORK SESSION ON DRAFT OF CHAPTER 3, SCANDIA DEVELOPMENT CODE— SUBDIVISION REGULATIONS The Planning Commission moved into a workshop setting to continue discussion of the update to the development code concerning subdivision regulations. The Commission began a review of this topic at their May meeting. Administrator Hurlburt lead a review of each section. Section 5 defines premature subdivisions which shall not be approved by the City Council. This new section lists criteria that if not met, can allow the city to deem the subdivision as premature. Section 6, Minor Subdivisions, allows for a less costly and time consuming process for simple lot divisions, which result in no more than three parcels. Hurlburt explained that this section allows for conveyance of land using metes and bounds descriptions rather than platting the new lots. Washington County is strongly recommending that all future subdivisions be recorded as plats. The County prefers this as a way to reduce errors, plus it simplifies future conveyance of the land. The code has been written as consistent with the current practice, but Hurlburt recommended that the Commission further discuss this. Staff was asked to consult with local surveyors as to the cost of platting versus identifying land descriptions using metes and bounds. Section 7, Lot Consolidation/Lot Line Adjushnent, is also a new process which allows for a simple administrative procedure for the consolidation of 2 or more lots into 1 parcel, or to adjust a common lot line affecting existing parcels. If the adjustment is more complex, a major ' subdivision platting may be required. Section 8, Major Subdivisions - Concept Review, will be the first plan an applicant will submit for review of procedural requirements and standards of a major subdivision. The Zoning Administrator will determine if the concept plan should be reviewed by the Planning Commission or Park and Recreation Committee. PRESS RELEASE Scandia Considers Updated Regulations for Wireless Communications Antennas and Towers City of Scandia 14727 209�' St.North Scandia,Minnesota 55073 (651)433-2274 www.ci.scandia.mn.us May 9,2011 For Immediate Release At its June 7, 2011 meeting(7:00 p.m. at the Community Center)the Scandia Planning Commission will hold a public hearing on amendments to the city's zoning regulations for wireless communications antennas and towers. The Commission's review of the code language was sparked by a recent review and approva] of a new communications tower for AT&T earlier this year. Some of the changes to be considered are: � The maximum height of communications towers would be reduced from 300 feet to 195 feet. (At 200 feet, the FAA requires lighting on the tower.) • The setback between towers would increase from l mile to 2 miles. • Towers would be limited to 75 feet in height in sensitive locations, such as within a quarter mile of Highway 95, within a designated scenic viewshed or in the historic village area, and must be of stealth design. • "Stealth" communications towers—towers that are disguised or camouflaged to blend into the surrounding landscape—would be encouraged, along with placing antennas on existing structures or utility poles. ` The permitting process would change from a Conditional Use Permit to an Interim Use Permit. The key difference between these types of permits is that an Interim Use Permit terminates at some time in the future. � Problematic language requiring towers to be"visually inconspicuous"in certain locations has been eliminated, and screening requirements were clarified and strengthened. • Reference to new technology—WiFi antennas—has been added. � Copies of the existing code, and the proposed new ordinance, are available for review at the city's website (www.ci.scandia.mn.us)or during regular hours(Monday through Friday, 9:00 a.m.to Noon and 1:00 p.m. to 4:00 p.m.) at the city office at the Community Center, 14727 209�'St N. Contact: Anne Hurlburt, City Administrator 651 433-2274 e-mail: a.hurlburt(cr�,ci.scandia.mn.us - i (A) The tower climbing apparatus shall not be located within l2 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. (l 1) The color of the structure shall be either gray or off-white. (l2) 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. 430 Wireless Communication Antennas and Towers (l) Purpose and Findin�s. The Cit�finds that the Federal Communications Act of 1934 as amended bv the Telecommw�ications Act of 1996 and subsequent revisions, grants the Federal Communications Commission exclusive jurisdiction over the regulation of the environmental effects of radio frequencxemissions from telecommunications facilities and the re��ulation of radio si�na] interference among users of the radio frequencv s ecp trum. Consistent with the Act the regulation of towers and telecommunications facilities in the City is not intended to have the effect of prohibitin�y_person from providin�,wireless telecommunications services. The eneral purpose of this Section is to reQulate 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) ReQulate the location of telecommunication towers and facilities. (-��_Accommodate the communication needs of residents and businesses while protecting public health and safety; (��C1 Minimize adverse visual effects of towers through careful design,a�siting, s��s landscapinQ and innovative camouflagin techniques; (�'�(D1 Avoid potential damage to adjacent properties from tower failure through structural standards and setback reyuirements; � (E) Ma�cimize 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. (2) Permits. (A) The following may be allowed with the issuance of a�e�e�}-an interim use permit in all zoning districts except in the Agricultural Preserves District (AP), provided the conditions contained in this Chapter are met: City of Scandia Development Code,Chapter 2 Page 2-85 i � 1. The construction of a new tower in excess of 35 feet. �-(B)The followin�mav be allowed with the issuance of an interim use pennit in all zoning districis provided the conditions contained in this Chapter are met: �1_Satellite dish or Wi-Fi antenna(s) larger than�6 meters in diameter. 2. The construction of a tower within the easement of a hi�h volta�e overhead transmission line, or within 50 feet of the transmission line easement on the same side of the road. (C) The followin� may be allowed in all zoning districts with the issuance of an administrative�ermit provided the conditions in this Chapter are met: 3:1_The addition of a new antenna on an existing permitted tower or the constructio�l of a new tower up to 35 feet in hei�ht. 4:2_The construction of a new tower attached to an existing building and extending more than 15 feet above the highest point of that building. 3. ii-uirsnr�i=s�ivn t;..a �:,4,;., cn F o, „f'rha rr�„�.,,:��:,,., t;,,o o ... ,,,,.t,o� > si�e-e€��e-xea�:Antennas to be attached to a public structure. �:4 Satellite dish or Wi-Fi antennas larger than 2 meters but smaller than 6 meters in size. ��n� A -zonin _permit is not required for the followin�, in all zoning districts: 1. #�e�sel��Radio,television, Wi-Fi and short-wave radio receiving or transmittinQ antenna(s),or tower(s)attached to an existing���•�� structure, extending less than ]5 feet above the highest point of that structure. �2. Satellite dish or Wi-Fi antennas smaller than 2 meters in size and attached to an existin�utilit�pole or tower. �3_Amateur radio antennas and towers,provided that the conditions contained in Subsections 6(A); 8(D�}),(E�)and(3F);9(EB),(D),(G),(H),(I), (J) and(N); and l2 are met. 3-4_Adjustment,repair or replacement of the elements of an antenna. 4.5_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. I Any existing tower that becomes non-conforming as a result of the adoption of this r-�� Section 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 City of Scandia Development Code,Chapter 2 Page 2-86 . i is of the same type (guyed, self-supporting or monopole), same height, same marking(lighting � and painting)and it will be located within�103 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 Ithis��Section. (4) Variance. � (A) A variance from any requirement of this Ssection 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 Ssection 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 ce�-it-ie�a�-interim use or administrati�e permit for towers requiring e�et�1 �sesuch permits shall remain in effect so long as the conditions in the permits are met. (B) The grounds for revocation of a -permit shall be based on a finding that: 1. 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 ]2 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 shal]be subject to federa] 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. E'��—�'"� ���e�as a��d �}.}e,�;�,. .. �,ti� �,,,..a.,..,a� ; o ,.�,��: City of Scandia Development Code,Chapter 2 Page 2-87 i , -� 7 Th .,.7.7:+:.,,, „f.. ., .,*e.,.,., ., ;��;.,�.r.,.,,or F r�„h;..l, � ...7;*;.,,,�1 , �$�� � A �.,+all:f� .7:�1, .,,,+o.,.,� l�r�,or r},�Y.r,� .�„�..r.. �Y,�l:�morarl���t��t� ao`i;.,�,rl,«o� o+or� ;., .7'� o+o,- C!1 400r .,f'tl.�tr.,..�.�.:��:.,., l;.�o o .,♦ .,.,tl,o � �:.io ..F+L.� �.,.,.7 *,. � .., ho;�.hr�,f 1 S[1 f T_ 4. n f oo �+�„a:.... *.,�„o.o ooa;,,n 2� f ot :��a;.�l�+ h..t�.,r� ao.7;,��, t S/l f�ot ; �' �. A r .,t+.,..L.o.7 t., � :�.:.,., L..,;1.�;.,�, o�.*a,,.�l;,,., ., o�h�.. 1 G f ar�l.l..,o� ����..,�,,,,,, ho:.,l,t �.f 1 C!1 f o♦ lQ�Tr�-lEtHiuiC'viS��}c�—cvi@-t-riv !�\ .,.,.7 A R „1*.,ro Uro�ar.,o� Tl:�f�:..r /A i3 1-�}e ��ir� -1--�'�ie-��}�t�e�&�ew a��e�a-a�-a�e�si�g t9�veF-€e�-�r+-��e� .�,;, ; r� � c + lt'+o,7•�1-, ra.,...,/�� l.,r,.or rh�.,r��,�, ror� ' �I;�.,�,o*or =-LJFTGTI1Tri'CT]:TZl-4TITGTS1TCl�'T'fRI�GT-CIIQII L V O I]IGCGI�III RICTItIG[CI. ^1 �. �� ,� n . ..*,,,,.woa «„ � :�.:.,,.�..,;�a;,,,, .,*o..a;.,,, ,�, o.h.,., �c-€ee�--�'�ie�e-��e , City of Scandia Development Code,Chapter 2 Page 2-88 . i C�\ l..,i,��*,-:.,I D�.-L T1;��t�iUl Tho F il�,�,,;.,rt., .�,�.:+�0.7 . ,;+h ., .,.i;r;...,�1 , .-,�.-.;r; �� �. C.,toll:+e .i:�h .,.,ro.....,/�\ 1.,«..o.-tl,�.,r.,,�,..�otor� ;., .�l:�,ti,otor �-6f�ho+..,..�..,;��;�,., 1:.,,, o ..♦ .... rhe � �;.�le �,Ftl,o r.�.,,�1 r., ., ...t'��E�#�.f3�1-�1o;nL,t a��brrz ���vrzvv�,c� �.- - (7) Preferred Locations and Support Structures. �A� If co-location is not feasible,the preference for location of new towers within the City is, in order of priori 1. On industrially-zoned property. 2. On existin�public lands or structures. 3. Adjacent to existing buildinQs two or more stories in hei� 4. Athletic facilities,public parks and �olf courses. 5. Parkin�lots, if the monopole replicates, incorporates or substantially blends with the overall lighting standards of the lot. 6. Agricultural property, if located to cause minimal disruption to a�ricultural operations. (B) Preferred support structures. The following are preferred structures for co-location of antennas (no priority indicated by order): L Co-location on existing antenna support structures. 2. Church steeples. 3. Sides of buildin�s or structures. 4. Existin�power, li�ht or telephone poles. (8) Performance Standards��e�s. .,,�� ., .,,�:+;,,..�i , .-,,,;+ ; �o� r .,rato�� ,.f.......:..:..�t �,,,,,,,a.,r:o� City of Scandia Development Code,Chapter 2 Page 2-89 i � �_A proposa] 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: ]. 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^�^�'���rinterim use permit is currently pending before the City of Scandia. (B) No tower shall be over 195 feet in heiQht or within 2 miles of another tower for which an interim use�ermit is required regardless of municipa] boundaries. (C) Towers shall be a maximum of 75 feet in height and shall be of stealth desi n if located within one-quarter mile of State Hi�zhway 95, witllin a desi�nated Scandia scenic viewshed, or within the Historic Village Area(VMU A Zoninp District). A stealth desi�n is preferred for towers in other locations. (D) The hei�ht of a tower shall allow for the co-location or additional antennas as follows: 1. Structures from ]00 to 125 feet- a minimum of 2 tenants. 2. Structures from 125 to 195 feet- a minimum of 3 tenants. (E) If s�ace is available on a tower, the tower owners shall, in Qood faith, ]ease space to other users so long as there is no disruption in the existin�service provided by the tower's existing_users and no negative structural impact upon the tower � + a -r .. i cn �o,;,,�.�:,,�,, �t,.,tt ,,,,, �,o ,. „�rr,�,.toa , ,;*h;,, cnn f o*„��„�, ,..,,, , �.....��... ..,..�.., ..._• •.... '--' -•--•--a•.._------ ---- -- ------------ ��------- --- --- -- —v '.a «+:.,t .7.,ell: ,.rl.a,-+1.�.,rho .�1�,all; �sl�a� ol „l��rl��l�io �r�,ho �� /Il\ T�1n t '2f f ot , L.., �.l,r �h.,il l,0 1., .',t�`a �1�.,..r th�.. .,,...- Y�-rarll/A�.r.�lo*� �vj--�-�v . ., . ... a :�:: .. �., �� . . . e o � f C .�l' D 1. Tr.,'1� ll..,,�., C...,..o .,.,.7 Do�Yo > > ............. . ...... > > e �6�e���,:�-��c �' . �, ii t„ r ,a '��.:,, i in ,,,:te „s�+t,o cr �..,.;., o:.��.-n.,o.t,,., r�:�tr:,.. „ ,:,�.:., i in ...:io „�'., r��,�o .,r„to,.*„a i„i,,,��;`.� (-6-�(F) No temporary antennaltower sites are permitted except in the case of equipment failure, equipment testing or in the case of an emergency situation as authorized by the City of Scandia Development Code,Chapter 2 Page 2-90 . i 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. � (#�(G) Permanent platforms or structures, exclusive of antennas, other than those necessary for safety purposes or for tower maintenance are prohibited. � (-��(H) No antennas or tower shall ha�e 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. {d��No advertising or identification signs shall be placed on towers or antennas. �n� nor�r,,,.,,, � e,.,.,,�.,rar > o r�• , :,., �nv� r_o„or.,i o,,.�i n;�,.:,.r �r-n� ��:ii.,,,e rio:,,t,t,,,.h,,,,a�.� � ��t�.i� ��;tt�rto �n' a i i�� n n;�,..;,.+���r,n T n� ..��:il�,.o �,�;.,aa i r�o n n;�r.;,.r � > � > h� C ., rl.. ., .,+ .. al ..f 1�.,.�1 ;,, tho i.,.�l„�rr;�l A�rL Il;�rr;�*lll�l�,r D.,r�l �Pax�t�-v-rzu"cT . se�t�e��t?�ie--� (J) 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. (K) All towers and accessorv equipment must comply with the following setback requirements: 1. Towers and accessory equipment shall meet the setbacks of the zoning district in which thev are located. Setback requirements far towers are measured from the base of the tower to the property line of the parcel on which it is located. The tower mak not encroach upon anv easements. 2. Towers located closer to a propertY line than a distance equal to the height of the tower shall be desi�ned and en�ineered to collapse progressively within the distance between the tower and�ropertv line. The applicant for any tower shall submit written documentation from a qualified structural en ineer speci ing that any collapse of the tower will occur within a lesser distance than the setback under al] foreseeable circumstances, and provide assurance that blowing or fallin�ice can be contained on the subject property. 3. The setback for a tower or accessory equipment mav be reduced or its location in relation to a�ublic street varied, at the discretion of the Cit��,to allow the City of Scandia Development Code,Chapter 2 Page 2-9] i inte�ration of the structure into an existingor proposed structure such as a li�ht standard, power line support device or similar structure. f� �ista�ce�et�Fee��e�owe��e�E�-}'„ -rho .,,,,,�;,..,�* �r ., „.,,.,,o,.�ti.,�i r,,,.,�r �l,.,ll .. ..1„ , ,;+h tho ,,, �orh��L > C(`\ A ♦....,�r�l,..lt 1.� I,,...,+0.7 ., ol �,f 1��„1 r�_�s�_�a fl,o lo��r� z�on 2�}H}��}��}@�$}��-3i�„ .,.,t;.�a ; ��t�,4'rho r�„ �l,�ll ho �.,..f;,,a.�l � „h;..l, �h�r.,..,�.-:� 1..,..,to,7 �n . (-Bj(L) The tower location shall provide*',�m��:.„„•„ ^m�„�' �f screening#�e�-from off- site views of the facility to the extent reasonabl�feasible. The city may require creative design measures to screen or camouflage facilities by integrating them with existing buildings and among other existing uses. The citv may require increased setbacks if needed to ensure more effective screenin�. Existing on-site vegetation shall be preserved to the maximum extent practicable. !�\ Th 1, ' 1,+ f., r....,or 1, 11 ]1 , F r .,�� �� f'.,11.. C Trn�,—ncisnrvrzx-cmrc-r �Tm� 'a�x^voL �vi ��38 66 �6E8�3AT!6�8E��1�36I38� a31�8.. ., .... ............ �. �'vE�i-t}�eS--€�'e���E}�a--��3 #eet ,.�� ra...,.,,� � c,,.,,,.,,,,.o� t�,,,,,��5�6��8�2et--��-r�����„-:r: � e,r,,,.+,,,-a� �,,.,o �nn � + �. ,, ia��,t,.,., �nn � �. r�nucrmcsuvv�c-cvv-iccc v'ac xco.��xian �vo xL2� 8#�3�111}3)�113�6-��8�38}i�S. f�M) 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. (��_Self-supporting towers(i.e.those without the use of wires, cables,beams or other means of support)are required. In all zoning districts,exce�where towers of stealth design are required or preferred,monopole towers se�si�c-�e�-are required. (#�(0) Associated receiving/transmitting or switching equipment shall be located within a structure or within the 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 f I��The tower shall be a color demonstrated to minimize visibility unless otherwise required by FAA regulations. (3�(Q) Metal towers shall be constructed of,or treated with,corrosive resistant material. (�}—�€ b�ee�-a �r�„ „a �.,:,�, ,o e� , , •,fvmc�.ii,�ci�_�v�ny�Q��*�-cncic�..'r'rvv7i§iuP�}6��:"• tho o :�r;.,.. � ,;rlofl h�, tho '„ 'b City of Scandia Development Code,Chapter 2 Page 2A2 i , .,a „ ..a;�:,,..,,, � ,-,,,;, *t,a �;t„�,,.,,,,.;� �t� ,�;�,.,.ot;,,,, r �*tio � � �6-e�eHe�a�� �_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. I ��S) Antenna and tower owners may be required to conduct an annual inspection of their facilities to insure continuing compliance with this Ssection. A copy of the � annual inspection report shall be provided to the City. � (-�3(T) All antennas and towers shall be adequately insured to cover injury and property damage caused by collapse or other catastrophic failure. � (�13}(9) Application-New Tower. ( In addition to the submittal requirements required elsewhere in this Ssection or in Chapter 1 of this Development Code,applications for e��a�-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: l. 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; 6. specifies the distance to any DNR protected lake or river,the St.Croix River� �ea��es�g�ra�ed:� ���':^^ '4"�,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: ]. 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). City of Scandia Development Code,Chapter 2 Page 2-93 i 2. Provide a list of ail 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 1337 shall be classified as non-public data. (C) Written acknowledgment by the landowner/lessee that he/she/it will abide by all applicable E�-interim use permit conditions. (D) The City�e�e�-}-may, in its discretion,require visual impact demonstrations including mock-ups and/or photo montages; screening and painting plans; network I maps; � analysis 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. � f�� l� 0) 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(�89)(A)(6)and (�9)(B) shall not apply. I l 1 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 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) Al]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. City of Scandia Development Code,Chapter 2 Page 2-94 . i (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 l0 acres. (2) Composting,storage,transfer, loading and processing activities shall be set back as follows: (A)Property lines 1b0 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 a]] 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,tuming, and aeration operations; a shredder for reducing new materia] to a smaller particle size for faster decomposition; a source of water or watering trucks; and a screen to improve the quality and marketability of the final product. (9) The operator shall provide plans showing all equipment maintenance and storage azeas.Plans shall show the location of all fuel storage facilities,hazardous material storage and hazardous waste disposal. (]0) The decomposition process shall be properly managed and maintained in an aerobic condition to prevent all unnecessary odors. The yard waste shall be decomposed through a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. The composted yard waste shall contain no sharp objects greater than one inch in diameter. (l 1) Composting,processing and trucking activities shall be conducted only between the hours of City of Scandia Development Code,Chapter 2 Page 2-95 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, �Vlinnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scan�ia Development Code, Chapter One, Section 4.2, Definitions, shall be amended to add the following definition: Tower, Stealth: A communications tower that is disguised or camouflaged to blend into the surrounding landscape. Examples include towers that are designed to appear as trees, church towers, silos, historic windmills, flag poles or other structures that blend with the local landscape. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code, Chapter Two, Section 4.30 shall be amended to read as follows: 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 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. (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; (2) Pertnits. (A) The following may be allowed with the issuance of an interim use permit in all zoning districts except in the Agricultural Preserves Dis"trict(AP),provided the conditions contained in this Chapter are met: 1. The construction of a new tower in excess of 35 feet. (B) The following may be allowed with the issuance of an interim usepermit in all zoning districts provided the conditions contained in this Chapter are met: 1. Satellite dish or Wi-Fi antenna(s)larger than 6 meters in diameter. 2. The construction of a tower within the easement of a high voltage overhead transmission line, or�vithin 50 feet of the transmission line easement on the same side of the road. (C) The following may be allowed in all zoning districts 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 or the construction of a new tower up to 35 feet in height. 2. The construction of a new tower attached to an existing building and extending more thanl5 feet above the highest point of that building. 3. Antennas to be attached to a public structure. 4. Satellite dish or Wi-Fi antennas larger than 2 meters but smaller than 6 meters in size. (D) A zoning permit is not required for the following, in all zoning districts: 1. Radio,television, Wi-Fi and short-wave radio receiving or transmitting antenna(s), or tower(s)attached to an existing structure,extending less than 15 feet above the highest point of that structure. 2. Satellite dish or Wi-Fi antennas smaller than 2 meters in size and attached to an existing utility pole or tower. 3. 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. 4. Adjustment,repair or replacement of the elements of an antenna. 2 � Ordinance No. 126 5. 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 Section 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 Section. (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 interim use or administrative permit for towers requiring such permits shall remain in effect so long as the conditions in the permits are met. (B) The grounds for revocation of a permit shall be based on a finding that: 1. 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. (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 3 . Ordinance No. 126 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) Preferred Locations and Support Structures. (A) 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. 4. Athletic facilities, public parks and golf courses. 5. Parking lots,if the monopole replicates, incorporates or substantially blends with the overall lighting standards of the lot. 6. Agricultural property, if located to cause minimal disruption to agricultural operations. (B) Preferred support structures. The following are preferred structures for co-location of antennas (no priority indicated by order): 1. Co-location on existing antenna support structures. 2. Church steeples. 3. Sides of buildings or structures. 4. Existing power, light or telephone poles. (8) Performance Standards. (A) 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: L 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. (B) No tower shall be over 195 feet in height or within 2 miles of another tower for which an interim use permit is required regardless of municipal boundaries. (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,within a designated Scandia 4 Ordinance No. 126 scenic viewshed, or within the Historic Village Area(VMU A Zoning District). A stealth design is preferred for towers in other locations. (D) 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 195 feet -a minimum of 3 tenants. (E) 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 (F) 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 Sherif£ 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. (G) Permanent platforms or structures, exclusive of antennas, other than those necessary for safety purposes or for tower maintenance are prohibited. (H) 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. (I) No advertising or identification signs shall be placed on towers or antennas. (J) 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. (K) All towers and accessory equipment must comply with the following setback requirements: 1. Towers and accessory equipment shall meet the setbacks of the zoning district in which they are 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. 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 from a qualified structural engineer specifying that any collapse of the tower will occur within a lesser distance than the setback under all foreseeable circumstances,and provide assurance that blowing or falling ice can be contained on the subject property. 5 Ordinance No. 126 � 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. (L) The tower location shall provide screening from off-site views of the facility to the extent reasonably feasible. The city may require creative design measures to screen or camouflage facilities by integrating them with existing buildings and among other existing uses. The city may require increased setbacks if needed to ensure more effective screening. Existing on-site vegetation shall be preserved to the maximum extent practicable. (M) 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. (N) Self-supporting towers(i.e.those without the use of wires,cables,beams or other means of support) are required. In all zoning districts, except where towers of stealth design are required or preferred,monopole towers are required. (0) Associated receiving/transmitting or switching equipment shall be located within a structure or within the 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. (P) The tower shall be a color demonstrated to minimize visibility unless otherwise required by FAA regulations. (Q) Meta1 towers shall be constructed of, or treated with, corrosive resistant material. (R) 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. (S) 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. (T) All antennas and towers shall be adequately insured to cover injury and property damage caused by collapse or other catastrophic failure. (9) 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 pennits 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; 6 , Ordinance No. 126 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; 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: 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 technologyj. 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 may, in its discretion, require visual impact demonstrations including mock- ups and/or photo montages; screening and painting plans; network maps; analysis 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 andlor 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. (10) Application-Existing Tower/New Antenna. In the event that an application is only to add a new antenna to an existing permitted tower or 7 Ordinance No. 126 � structure,the requirements as delineated under Subsection(9)(A)(6)and(9)(B) shall not apply. (11) 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 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. Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this day of , 2011. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk 8 Format Dynamics :: C1eanPrint :: http://www.twincities.com/washington/ci_18158916?nc... Page 1 of 2 � ■ ■ �� � � ��� � ��� �*����f� �� ����� �����, "The county decision was arbitrary, unreasonable, �� s • under an erroneous theory of and without evidence t���F� �,�U � ����� � to support it,"according to the petition filed with Y � � �' �' � the Minnesota Court of Appeals. �� ��t���Q�� 4Q���� An attorney for the citizens group and the residents, Karen Kurth,said Thursday that the group isn't necessarily opposed to the construction of a By n�ary Divine cellphone tower. "What they would like to see is a stealth design, so that it blends into the mdivine@pioneerpress.com surrounding environment and doesn't negatively updated o5i28�2o�� �o os�8�nn C�T affect the scenic value of the river valley,"she said. The controversy over cellphone towers in the St. Officials from Chisago County and AT&T said Croix River Valley is heating up again. Thursday that they could not comment on pending litigation. A group called Concerned River Valley Citizens and 10 nearby property owners have taken legal action PARK WANTS STEALTH TOWER against Chisago County and AT&T to stop the construction of a 150-foot tower on private land in The issue of cellphone towers is playing out in Franconia Township, near Taylors Falls, Minn. national parks across tne country as officials struggle with how to protect scenic views while Meanwhile,the city of Scandia is taking action to providing the cellphone service users want, said strengthen its restrictions on locations of cellphone Chris Stein, superintendent of the St. Croix National towers. Scenic Riverway,a division of the National Park Service. Under Scandia's proposed plan,towers would be limited to 75 feet and would have to be of a "stealth" "�Ne are very much in favor of proper design in sensitive locations such as within a telecommunications,"Stein said. "We are an quarter-mile of Minnesota 95,a state-designated emergency-responder agency, and we need this scenic byway.A public hearing on the proposed type of communication ability to properly carry out changes will be June 7. our responsibilities-but we should not be compromising the values of why Congress For the most part,towers are not allowed within the established this great national park.We should boundaries of the National St. Croix Wild and Scenic figure out alternatives, and there are alternatives out Riverway,which is about one-fourth of a mile on there." either side of the river. � - The tower in Franconia Township is to be built ���-l� �O`,+�,7��� ,�+, about a mile from the river,on private property � �.� ,� � `'! southeast of the intersection of U.S. 8 and ��j` �j�j�' �('.(',��]�j� r� , ,� Minnesota 95.The Chisago County board approved `� ,r� '�'�; �-y � the plan in January,despite objections from ���� ��� k �' � conservationists who say the tower is too high and � �_ ` obtrusive for an area so close to the St. Croix River. `� ^� f��r�n2 ��� Concerned River Valley Citizens and the private � �� residents took legal action in March,claiming the '� ` +S�1 county had improperly issued a conditional-use ��� ` �� , � permit for the tower. The Minnesota Court of �� ( ['(�l� ����'4'f_',1:S' Appeals is hearing the matter because it �o,�. Oft�r 4tJLY avai4gt�i6 e� involves an appeal of a county board decision. � ` �7t'�'1�{0l�v'@F''S.��tl'11f1$p��f Or cal!y.$77.$pq.1133 _ . ._ _ _ ,_. „ .. Print Powered By 'F t�'i��+�r7 iU tC�yt�am�cs � http://www.twincities.com/fdcp?unique=1306851248409 5/31/2011