(a)

The purpose of this Article is to provide specific regulations governing special review permits for the placement, construction and modification of personal wireless service ("PWS") facilities.

(b)

The provisions of this Article are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this Article be applied in such a manner as to discriminate unreasonably between providers of functionally equivalent personal wireless services.

(c)

To the extent that any provision or provisions of this Article are inconsistent or in conflict with any other provision of this Code or any ordinance of the City, the provisions of this Article shall be deemed to control.

(d)

The goals of this Article are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the City;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas least likely to negatively affect residential property or other uses;

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual-impact of the towers and antennas; and

(5)

Enhance the ability of the providers of personal wireless services to provide such services throughout the City quickly, effectively and efficiently.

(Ord. 585 §1, 2001)

For the purpose of this Article, the following terms shall have the following meanings:

Antenna means any exterior apparatus designed for telephonic, radio, data, Internet or television communications through the sending and/or receiving of electromagnetic waves, including equipment attached to a tower or building for the purpose of providing personal wireless services, including but not limited to cellular, enhanced specialized mobile radio and personal communications services, and its attendant base station. For purposes of this Article, the term antenna shall not include an antenna used by an amateur radio operator or "ham" operator, nor shall it include an exterior antenna or satellite dish used for the private or noncommercial receipt of television or radio signals.

Antenna height means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Antenna support structure means any pole, telescoping mast, tower, tripod or other structure which supports a device used in the transmitting or receiving of radio frequency signals.

Cell site means a tract or parcel of land that contains personal wireless service facilities, including any antenna, support structure, accessory building and parking, and may include other uses associated with and ancillary to personal wireless services.

EIA means the Electronic Industries Association.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Personal wireless services and personal wireless service facilities mean commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services and the facilities for the provision of such services, as defined in 47 U.S.C. § 332, as amended from time to time.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. The term encompasses PWS facilities, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, personal communications services towers and alternative tower structures.

(Ord. 585 §1, 2001)

(a)

Co-location can be an effective way of minimizing the overall impact of PWS facilities in the City. When done properly, co-location of facilities can minimize the number of individual PWS facilities and concentrate them in one (1) or several appropriate locations where view and aesthetic impacts are minimal. To minimize adverse visual impacts associated with the proliferation of towers, the City encourages co-location of antennas by more than one (1) carrier on existing towers or structures.

(b)

An existing tower may be modified or reconstructed to accommodate the co-location of an additional antenna. Modification of an existing tower to accommodate additional antennas shall be permitted in all zone districts, subject to the requirements of the zone district and the following criteria:

(1)

An existing tower may be modified or rebuilt to a taller height, not to exceed twenty (20) feet over the tower's existing height, to accommodate the co-location of an additional antenna. The tower as modified shall comply with the other provisions of this Chapter.

(2)

A tower which is being modified to accommodate the co-location of an additional antenna may be moved to a different location on the same property within fifty (50) feet of its existing location so long as it remains within the same zone district. After the tower is rebuilt to accommodate co-location, only one (1) tower shall remain on the property.

(3)

The tower, as modified, shall comply with the provisions of this Chapter in all respects.

(c)

No PWS facility owner, operator, lessee or any officer or employee thereof, shall act to exclude any PWS provider from using the same facility, building, structure or location. PWS facility owners or lessees or officers or employees thereof shall cooperate in good faith to achieve co-location of PWS facilities and equipment with other PWS providers. Upon request by the City, the owner or operator shall provide evidence establishing why co-location is not feasible. The City shall not attempt to affect fee negotiations between private parties concerning co-location.

(d)

If a PWS provider attempts to co-locate a facility on an existing or approved facility or location and the parties cannot reach agreement concerning the co-location, the City may require a third party technical study at the expense of either or both parties to resolve the dispute.

(Ord. 585 §1, 2001)

(a)

To provide an additional incentive for the construction and use of co-location facilities, the installation of an additional PWS facility on an existing co-location site may be approved through an administrative review if the proposal meets the general design requirements of this Article and the specific requirements approved in the initial site approval.

(b)

The applicant shall submit detailed plans to the City Engineer for an administrative review to determine if the special review permit process can be waived. Suitability of the existing structure for the co-location of an antenna shall be determined based upon the structure's capacity to accommodate the antenna, the antenna's architectural compatibility with the structure and compliance with Subsections 16-556(1), (2), (4), (5), (6)c, (7), (8), (10), (11) and (12), and Section 16-557. No building permit shall be issued unless approval is granted by the City Engineer or, if no such approval is granted, unless the applicant completes the full special review process.

(Ord. 585 §1, 2001)

(a)

In order to reduce the number of towers needed in the City in the future, every new tower shall be designed to accommodate antennas for more than one (1) user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

(b)

Unless the City Engineer determines that co-location is not feasible, the site plan for every new tower shall delineate an area near the base of the tower to be used for the placement of additional equipment or buildings for other users. The site plan for towers in excess of one hundred (l00) feet shall propose space for two (2) or more other comparable tower users, while the site plan for towers under one hundred (100) feet shall propose space for one (1) other comparable tower user.

(c)

The City may deny an application to construct a new tower if the applicant has not demonstrated a good faith effort to co-locate the antenna on an existing structure or tower.

(Ord. 585 §1, 2001)

Applicants for approval of PWS facilities shall submit the information required by this Section with their application, except that the City Engineer may waive certain submittal requirements if the information requested is deemed by the City Engineer not to be necessary under the circumstances of a particular application:

(1)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other proposed structures. The site plan shall indicate all cell sites, showing the antenna, antenna support structure, building, fencing, buffering and all other items required in this Chapter.

(2)

A current map and aerial as provided by the county assessor's office showing the location of the proposed tower;

(3)

Legal description of the parcel upon which the personal wireless service facilities are to be located;

(4)

A statement on the site plan indicating the distance between the proposed tower and the nearest residential dwelling unit, platted residentially zoned properties and unplatted residentially zoned properties. If the proposed tower is to be located within three hundred (300) feet of any residentially zoned property, then the distances, locations and identifications of said residential properties shall be shown on an updated City map;

(5)

A landscape plan showing specific landscape materials;

(6)

Method of fencing, finished color and, if applicable, the method of camouflage and illumination;

(7)

Evidence demonstrating compliance with all provisions of this Article and the zone district in which the PWS facilities are to be located;

(8)

A notarized letter signed by the applicant stating the tower will comply with all EIA Standards and all applicable federal and state laws and regulations (including specifically FAA and FCC regulations);

(9)

A statement by the applicant as to whether construction of any new tower will accommodate co-location of additional antennas for future users;

(10)

Certification by a qualified, third-party engineer that the antenna usage will not interfere with other adjacent, neighboring or City-wide transmissions or reception functions;

(11)

Documentation evidencing that the applicant is licensed by the FCC if required to be licensed under FCC regulations; or in the event the applicant is not the telecommunications service provider, proof of lease agreements with an FCC-licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;

(12)

Information demonstrating how the proposed site fits into the applicant's overall network within the City; and

(13)

Documentation evidencing the applicant's FCC authorization to provide personal wireless services or to place PWS facilities within the City or geographic area which includes the City.

(Ord. 585 §1, 2001)

Every PWS facility shall comply with the following design criteria:

(1)

Architectural compatibility. PWS facilities shall be architecturally compatible with the surrounding buildings and land uses in the zone district, or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facilities.

(2)

No significant adverse impact. The applicant shall demonstrate that the placement of antennas or towers on property will have no significant adverse impact on surrounding private or public property.

(3)

Setbacks. Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographical limitations, in residential zone districts, towers shall be set back from all property lines a distance equal to three hundred percent (300%) of tower height as measured from ground level. Towers shall comply with the minimum setback requirements of the area in which they are located in all other zone districts.

(4)

Color. Towers and antennas shall be of a color that generally matches the building, surroundings or background and minimizes their visibility, unless a different color is required by the FCC or FAA. Muted colors, earth tones and subdued colors shall be used wherever possible.

(5)

Lights, signals and signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA.

(6)

Equipment structures. Ground level equipment and buildings and the tower base shall be screened. The standards for equipment buildings are as follows:

a.

The maximum floor area shall be three hundred fifty (350) square feet and the maximum height shall be twelve (12) feet.

b.

Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing or other appropriate means, as specified in this Chapter or in this Code.

c.

Equipment mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted, subject to good engineering practices. Equipment, buildings, antenna and related equipment shall occupy no more than twenty-five percent (25%) of the total roof area of a building.

(7)

FCC requirements. All towers and antennas shall meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within three (3) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(8)

Structural design. Towers shall be constructed to the FCC and EIA Standards, which may be amended from time to time, and all applicable construction/building codes. Any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the FCC and EIA standards and all other good industry practices in effect at the time of said improvement or addition. Said plans shall be submitted and reviewed at the time building permits are requested.

(9)

Fencing. A well-constructed wood, stucco, masonry or stone wall, not less than six (6) feet in height from finished grade, shall be provided around each tower. Security fencing should be colored or should be of a design that blends into the character of the existing environment. Access to the tower shall be through a locked gate.

(10)

Antenna and tower height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height required to function shall be approved. Towers shall be no taller than the maximum permitted height for other structures contained within the applicable zone district, except as permitted pursuant to special review within such zone district.

(11)

Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

(12)

Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, adequate off-street parking shall be provided and documentation evidencing that adequate off-street parking is available shall be provided to the City.

(13)

Landscaping and/or screening. Landscaping and/or screening shall be provided and maintained as specified in Section 16-558.

(14)

Site characteristics. Site location and development shall preserve the preexisting character of the site to the maximum extent feasible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques shall be evaluated by the City Engineer, taking into consideration the site as built.

(Ord. 585 §1, 2001)

Any antenna mounted on any tower, building or other structure shall comply with the following requirements:

(1)

The antenna shall be architecturally compatible with the building and wall on which it is mounted so as to minimize any adverse aesthetic impact and shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.

(2)

The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless for technical reasons the antenna needs to project above the wall. In no event shall an antenna project more than ten (10) feet above the height of the building. Building heights shall be calculated pursuant to Section 16-29.

(3)

The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires.

(4)

No antenna, antenna array or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located. No guy or other support wires shall be used in connection with such antenna, antenna array or its support structure except when used to anchor the antenna, antenna array or support structure to an existing tower to which such antenna, antenna array or support structure is attached.

(5)

The antenna may be attached to an existing mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than ten (10) feet above the enclosure.

(6)

If an accessory equipment shelter is present, such building shall blend with the surrounding buildings in architectural character and color.

(7)

On buildings thirty (30) feet or less in height, the antenna may be mounted on the roof if:

a.

The City Engineer finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

b.

The antenna or antennas and related base stations cover no more than an aggregate total of twenty-five percent (25%) of the roof area of a building.

c.

Roof-mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color and materials of the building.

d.

No portion of the antenna may extend more than ten (10) feet above the height of the existing building as calculated in accordance with Section 16-29.

(8)

If a proposed antenna is located on a building or a lot subject to a special review site plan, written City approval is required prior to the issuance of a building permit for the antenna.

(9)

No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district or site, unless such antenna has been approved in accordance with this Code and written permission is obtained from the City.

(10)

No antenna shall cause localized interference with the reception or transmission of any other communications signals including, but not limited to, public safety signals, and television and radio broadcast signals.

(Ord. 585 §1, 2001)

(a)

Landscaping shall be required to screen as much of the support structure as possible. The fence surrounding the support structure and any other ground level features (such as a building) shall be designed to soften the appearance of the cell site. The City may permit any combination of existing vegetation, berming, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If an antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required, except as otherwise required for the existing use.

(b)

The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures:

(1)

A row of evergreen trees a minimum of ten (10) feet tall at planting and a maximum of ten (10) feet apart shall be planted around the perimeter of the fence; and

(2)

A continuous hedge, at least thirty-six (36) inches high at planting and capable of growing to at least forty-eight (48) inches in height within eighteen (18) months, shall be planted at the base of the fence.

(c)

Landscaping shall be installed on the outside of all fences. An automatic irrigation system, meeting the water conservation standards of the City, shall be provided for all landscaped areas. Existing vegetation shall be preserved to the maximum extent feasible and may be used as a substitute for or in supplement towards meeting landscaping requirements.

(d)

All landscaping shall be provided, protected and maintained in a healthy and growing condition. Any dead or diseased plant or other landscaping materials shall be immediately removed and replaced with the same type, size and quantity of materials as originally installed.

(Ord. 585 §1, 2001)

(a)

The placement of PWS facilities on City-owned sites and facilities must comply with the following minimum requirements:

(1)

The PWS facility will not interfere, electronically or otherwise, with the primary intended purpose for which the City owns the site or facility.

(2)

The applicant must obtain adequate liability insurance and commit to a license or permit agreement that includes equitable compensation for the use of public sites and facilities and other necessary provisions and safeguards. The fees shall be established by the City administrator or the administrator's designee after considering the rates paid for comparable sites and facilities, potential expenses, risks to the City and other appropriate factors consistent with this Article.

(3)

The applicant shall furnish a letter of credit or other security acceptable to the City to cover the costs of removal of the PWS facilities to be installed.

(4)

The applicant must demonstrate that the PWS facility will not interfere with other user of higher priority as discussed in Section 16-560 below.

(5)

Upon reasonable notice, the City may require removal of the PWS facilities at the applicant's expense.

(6)

The applicant must reimburse the City for any costs the City incurs because of the presence of the applicant's PWS facilities.

(7)

The applicant must obtain all necessary land approvals and comply with the provisions of this Article and any other applicable laws, ordinances, rules or regulations.

(8)

The applicant will cooperate with the City's objective to promote co-location and thus limit the number of separate tower sites as requested.

(b)

The use of certain City-owned sites and facilities, such as water towers, tanks, reservoirs, plants and parks, for locating PWS facilities results in special concerns due to the nature of such sites. Therefore, the City will allow placement of PWS facilities on these special City-owned sites only upon satisfaction of the following requirements, which are in addition to the requirements set forth in Subsection (a) above. Any of the following special requirements addressing health and safety issues are subject to the provisions of 47 U.S.C. § 332(c)(7)(B)(iv).

(1)

Water sites and facilities. The City's water towers, tanks, reservoirs, plants and other facilities (water sites and facilities) represent a large public investment. As access to the City's water system increases, the potential for contamination of the public water supply increases. Therefore, the City will consider placement of PWS facilities at or on water sites and facilities only after considering the recommendations of the City Engineer and upon approval by the City administrator when the placement will satisfy the following requirements:

a.

The applicant's access to the PWS facility will not increase the risks of contamination of the City's water supply;

b.

There is sufficient room on the site or facility to accommodate the applicant's PWS facility;

c.

The presence of the PWS facility will not increase operation or maintenance costs to the City; and

d.

The presence of the PWS facility will not impair the health or safety of workers or other persons operating, maintaining or frequenting the water site or facility.

(2)

Parks. The presence of certain PWS facilities may present a potential conflict with the purpose of some City-owned park sites and facilities. If the PWS facility will not impair the health of workers or other persons operating, maintaining or frequenting the park facility, the City will consider siting PWS facilities in the following park sites and facilities after considering the recommendation of the City administrator:

a.

Public parks of a sufficient scale and character, adjacent to an existing commercial or industrial use;

b.

Commercial recreation areas and major play fields; and

c.

Park maintenance facilities.

(c)

Notwithstanding the foregoing, the City reserves the right to deny, for any reason, the use of any or all City-owned sites or facilities to any or all applicants.

(Ord. 585 §1, 2001)

The City will give priority in the use of City-owned sites and facilities for PWS facilities to the following entities in descending order:

(1)

The City of Dacono.

(2)

Public safety agencies, including law enforcement, fire and ambulance services that are not part of the City and private entities for uses that serve public safety.

(3)

Other governmental agencies, for uses not related to public safety.

(4)

Entities providing licensed commercial personal wireless services marketed to the public.

(Ord. 585 §1, 2001)

(a)

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable City building codes, regulations of the FCC and the applicable standards for towers that are published by the EIA, as amended from time to time. If, upon inspection, the City Engineer concludes that a tower fails to comply with such codes, regulations or standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes, regulations and standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense, the costs of which shall constitute a lien against the property.

(b)

Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC Standards and, within sixty (60) days of the inspection, file a report with the City Building Official.

(Ord. 585 §1, 2001)

(a)

In the event the use of any tower has been discontinued for a period of sixty (60) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Engineer. The City Engineer shall have the right to request documentation and/or affidavits from the tower owner/operator regarding the issue of tower usage.

(b)

Upon such abandonment, the owner/operator of the tower shall have an additional sixty (60) days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower. If such tower is not removed within said sixty (60) days, the City may remove such tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Unnecessary sections of the tower shall be removed.

(c)

At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, City approval for the tower shall automatically expire.

(d)

If abandonment of a tower occurs by all of the permittees or licensees and the owner of the tower, the owner of the tower shall remain primarily responsible if the tower ceases to be used for its intended purposes by either it or other permittees or licensees for the transmission or reception of personal wireless services. In the event that the tower ceases to be licensed by the FCC for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled.

(Ord. 585 §1, 2001)

(a)

PWS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of personal wireless services, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the PWS provider. The City Engineer may require such a technical review to be paid for by the applicant for the PWS facilities. The selection of the third party expert may be by mutual agreement between the applicant and City or at the discretion of the City Engineer, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the PWS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

(1)

The accuracy and completeness of the submission;

(2)

The applicability of analysis techniques and methodologies;

(3)

The validity of conclusions reached;

(4)

Any specific technical issues designated by the City.

(b)

Based on the results of the third party review, the City Engineer may require changes to the application for the PWS facilities that comply with the recommendations of the expert.

(Ord. 585 §1, 2001)