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HomeMy WebLinkAbout1997 09 08 Regular Item C COMMISSION AGENDA ITEM C REGULAR X CONSENT INFORMATIONAL September 8, 1997 Meeting REQUEST: The Community Development Department - Planning Division requests the Commission to approve the second reading and adoption of Ordinance # 678 regulating the siting and construction of Telecommunication Towers within the City. PURPOSE: The purpose of this Board Item is to request the Commission approve the second reading and adoption of Ordinance # 678 regulating the location, construction, and impacts of Telecommunications Towers in the City that will protect the health, safety, and welfare of the residents and businesses in the City. APPLICABLE LAW AND PUBLIC POLICY: The Federal Telecommunications Act of 1996 (signed by the President on February 8, 1996) which states in part: Any state or local government which regulates the placement, construction, or modification of personal wireless service facilities shall not unreas~nably discriminated among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of wireless services. [47 U.S.c. Sec. 332(c)(7)(B)(I) aka Public Law 104-104] The Federal Telecommunications Act of 1966 110 Stat. 62 "State and Local Government Authority" which states: Nothing in this section affects the authority of a state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunication providers, on a competitively neutral and nondiscriminatory basis, if the compensation required is publicly disclosed by such government. SEPTEMBER 8, 1997 AGENDAITEM C Page 2 CONSIDERATIONS: 1. Ordinance No. 646 was passed as an emergency ordinance by the City Commission on January 27, 1997 to extend for sixty (60) days the moratorium to complete a proper study and drafting of a tower siting ordinance and to prevent construction or erection of telecommunications towers during this moratorium period. 2. The City staff reworked a draft "Telecommunications Tower" Ordinance (# 645) and presented it to the Planning and Zoning Board for their review at its January 2, 1997 meeting. The P & Z Board made changes. The changes to draft Ordinance # 645 were presented to the City Commission on January 27, 1997. 3. City staff met with the telecommunications industry representatives to receive input on the draft Telecommunication Towers Ordinance (# 645). 4. The City Commission held a workshop on March 17, 1997 and reviewed with staff possible sites for Telecommunication Towers. The Commission requested staff to make changes to draft Ordinance # 645 incorporating the five (5) locations for Telecommunications Towers as indicated on the map presented at the workshop. 5. The City Commission on March 24, 1997 adopted emergency Ordinance 657 extending to April 30, 1997 the moratorium on the construction and/or erection of any Telecommunications Tower in the City. On April 28th, the moratorium was extended through June 23, ] 997. 6. The City Commission held a workshop on April 7, 1997 on the draft Ordinance 645 and requested staff to make changes as indicated at the workshop. 7. The City Commission held a workshop on May 5, 1997 on the draft Ordinance 645 and reviewed the changes and set a first reading of the ordinance for June 9th. 8. The City Commission approved the first reading of Ordinance 645 on June 9th, and directed staff to incorporate the Commission's request that the separation of Telecommunication Towers from residential structures be ] 25% of the height of the tower to a maximum of two-hundred and twenty-five (225) feet. The Commission also directed staff to discuss with Elizabeth Gregg about her concerns about the tower location near the Ranchlands area. The staff has incorporated such language in Section I (f)(2) page 6 of Ordinance 645. Staff has discussed the tower location near the Ranchlands with Bill Fernandez and has incorporated his request that the location be southeastward to the southeast quadrant of Site 16 of the City Wastewater Treatment Plan! West Effluent Disposal Site. Staff will also continue to try and contact Elizabeth Gregg. SEPTEMBER 8, 1997 AGENDA ITEM C Page 3 9. The City Commission voted to hold a third reading in view of substantial changes to be made to Ordinance 645 for the next public hearing. The Commission passed Emergency Ordinance 645-C on June 23, 1997 extending the moratorium 60 days on construction/erection of Telecommunication Towers in the City. 10. The City Commission at its July 14, 1997 meeting, voted to approve Ordinance 645. 11. Mayor vetoes Ordinance 645 on July 21, 1997. 12. City Commission votes on override of veto. Veto stands. City attorney indicates he will present an ordinance (# 678) that addresses the concerns expressed. 13. City Commission at its August 25, 1997 meeting, approved the first reading of Ordinance 678 that incorporated various concerns expressed about vetoed Ordinance 645, and requested certain additional changes. FUNDING: This Ordinance does not require an expenditure. RECOMMENDA TION: Staff recommends that the City Commission adopt Ordinance # 678. IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading and public hearing to adopt Ordinance # 678 on September 8, 1997. The Ordinance would take effect immediately upon adoption per Section IV of Ordinance # 645 in accordance with 166.041(4) F.S. and Section 4.15 City Charter. ATTACHMENTS: Draft Ordinance # 678 (with changes requested at the 8/25/97 Commission meeting). COMMISSION ACTION: AUG 29 '97 04:44PM KRUPPEN8ACHER & ASSC P.3/19 ORDINANCE NO. 678 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS I FLORIDA, AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES BY CREATING SECTION 20-434 "TELECOMMUNICATIONS TOWERS II ; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LOCATION; PROVIDING FOR PERFORMANCE STANDARDS/DESIGN CRITERIA; PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR CO-LOCATION; PROVIDING FOR ABANDONMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Spr1ngs, Florida to regulate the location, design and other matters relating to Telecommunications Towers in the City of Winter Springs, Florida; and WHEREAS, the Code of Ordinances of the City of Winter Springs does not provide regulations which reflect changes in technology and federal regulations for such Telecommun1cations Towers; WHEREAS, the City of Winter Springs seeks to guide and control future development within the City to preserve and maintain the character of its established land use and zoning districts and has an objective (Objective B of the Future Land Use Element in the City's Comprehensive Plan, Vol. 2 of 2) ?~)~ ~C~-~23-7~~~ : : - .:: '3 - ~ ... :' ~ : :; 3 ? ;Ir ?03 RUG 29' 97 04:44PM KRUPPEf'IBRCHER 8. RSSC P,4/19 which requires that "land development regulations shall provide criteria to ensure such (public and quasi-public) facilities are located and designed to be compatible with adjacent land uses"; WHEREAS, the City Commission realizes that our society is becoming dependent on cellular and other types of communication requiring transmission towers and that provision of Telecommunication Tow~rs and utility service facilities within the City of Winter Springs serves the public health, safety and welfare; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA. THAT: SECT!ON T - City of Winter Springs Code, Chapter 20, "Zoningll, is hereby amended by adding a new section, Section 20-434 to read as follows; Sec. 20-434. Telecommunications Towers. (a) Definitions. ANTENNA shall mean a transmitting and/or rece~v~ng device used in telecommunications that radiates or captures electromagnetic waves, including directional Antennas, such as panel and microwave dish Antennas, and omni-directional Antennas, such as whips, excluding radar Antennas, amateur radio Antennas and satellite earth stations. CO-I.OCATION shall mean Telecommunications Towers that have the potential to have. three or more carrier Antennas located on it. DEVEr,OPMENT REVIEW COMMITTF.F. shall mean the Ci ty staff composed of the City Manager, Land Development Coordinator, Ci ty Engineer, Public Works/Utili ties Director, Community Development Coordinator, Building Official, Police Chief, Fire Chief. 2 ?? : ,J . :"'1 ,., _ .1 ,*, ..:.. _ ~ - .:: ... .... -' .... - . - .:. - ""' :: - :.... . ~ -. ~ '; ~ : ~ 3 ? ~[ ?0~ AUG 29 '97 04:44PM KRUPP EN BACHER & ASSC P.5/19 GUYf,O ~O~ shall mean a Telecommunications Tower that is supported, in whole or in part, by guy wires and ground anchors. LATTICE TOWER shall mean a Telecommunications Tower that is constructed with a series of struts forming a non-solid surface tower, without guy wires standing on and fastened to an in-ground pier. MICROWAVE shall mean a dish antenna, or a dish-like antenna used to link communication sites together by wireless transmission of voice or data. MONOPOLE TOWER shall mean a Telecommunications Tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires with ground anchors. PANEL ANTENNA shall mean an array of Antennas designed to concentrate a radio signal in a particular area. STEAt,TH FA~TT.ITY shall mean any Telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted Antennas, Antennas integrated into architectural elements, and Telecommunications Towers designed to look like light poles, mono-power poles or trees. ' TELECOMMUNICATIONS TOWER shall mean a monopole tower constructed as a free-standing structure greater than 35 feet and no more than ~ feet in height including antenna, which supports communication, transmission or receiving equipment. The term includes towers for the transmission or receiving television, AM/PM radio, digital, microwave, cellular tele~hones, or similar forms of electronic communication. The term excludes radar towers, radio support structures l~censed by the FCC, transportable communication devices, private home use of satellite dishes and television antennas and satellite earth stations. Wli!P ANTENNA shall mean a cylindrical Antenna that transmits signals in 360 degrees. (b) Findings and Intent. The City has with increasing frequency received requests to approve sites for Telecommunications Towers. Land development regulations have not adequately identified specific procedures to address recurring issues relating to the approval of locations for Telecommunications 3 = :- ~. r . ...--, "'':_-~':- "T. .... _ . .:_~::-J- ?:',! j.\ = RUG 29 '97 04:45PM KRUPPENBRCHER & RSSC P.6/19 Towers. Therefore, it is the intent of this ordinance (to be codified as Sec. 20-434 of the Code of Ordinances of the City of Winter Springs) to address the recurrent issues pertaining to the approval of Telecommunications Towers upon parcels located in the City of Winter Springs. Accordingly, the City Commission finds that the promulgation of this ordinance is warranted and necessary: (1) To protect residential areas and land uses from the potential adverse impacts of Telecommunications Towers when placed at inappropriate locations or permitted without adequate controls and regulation consistent with the provisions of law; (2) To minimize the adverse visual impacts resulting from Telecommunications Towers through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with generally acceptable engineering and planning principles and the public health, safety and welfare; (3) To avoid potential damage to adj acent properties through sound engineering and planning and the prudent and careful approval of Telecommunications Tower sites and structures; (4) To require shared use/co-location of existing and new Telecommunications Towers (capability of having space for thr~~ or more carriers) to avoid proliferation of towers throughout the City of Winter Springs. One co-located position shall be reserved exclusively for the use of the City of Winter Springs; (5) To ensure that location of Telecommunications Towers is consistent with the provisions of the City of Winter Springs Comprehensive Plan, the East Central Florida Regional Policy Plan, the State Comprehensi ve Plan as well as the provisions of State and Federal Law; and, (6) To fix a fair and reasonable compensation, by resolution of the City Commission, to be paid to the City for the privilege to locate a Telecommunications Tower in the City and defray the administrative costs of reviewing the applications. Also, a fee shall apply separately to each antenna user on the Tower or other support structure. Fee rates shall be renegotiable when contract expires. 4 ? ?; ':' ~'.! .4,': ~ - ~ .: ~ - - ... -:- - :~-:3-~7 lJ~:~3 ?~[ ? I} ~ AUG 29 '97 84: 45PM KRUPPEI'IBACHER & ASSC P.7/19 (c) Applicability. (1) All new Telecommunications Towers and antennas in the City of Winter Springs shall be subj ect to these regulations and all other applicable regulations. For purposes of measurement, Telecommunications Tower setbacks as listed in subsection (f) (1) shall be calculated and applied to facilities located in the City of Winter Springs, irrespective of other municipal and county jurisdictional boundaries. (2) All new communications Antennas (i.e. stealth rooftop or building mounted antennas) which are not attached to Telecommunications Towers shall comply with subsection (f) (11). (3) All Telecommunication Towers existing on July 14, 1997 shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on an existing Telecommunications Tower shall comply with the requirements of this section. (4) For purposes of implementing this section, a Telecommunications Tower that has received City approval or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired. (d) Location, Permitted Uses and Special Exceptions. (1) Telecommunications Towers shall be a permitted use at the following sites (see map attachment Figure 1 dated July 14, 1997) subject to other regulations which may apply: * City of Winter Springs Wastewater Treatment Plant #1\West Plant. * Proximate area of the Seminole County School Board Consolidated Services Facility (a/k/a Bus Earn). * City of Winter Springs West Effluent Disposal Sites: at the southeast quadrant of Site 16 east of the southern percolation pon~s. * City of Winter Springs City Hall. 5 ::=_., ,4_ ,~~ ~___ . . ... -.. - or _: - ": 4' .... ..,..... .. - - . lJ ~ : r.: -: ?:,! ? 1:1- AUG 29 '97 04:46PM KRUPPENEACHER & ASSC P.8/19 (2) A monopole shall be the permitted type of Telecommunications Tower within the City of Winter Springs. Stealth-designed monopoles are encouraged by the City. (3) Additional Tel~cornrnunication Tower sites shall only be permitted as a Special Exception pursuant to this ordinance. A property declared eligible for consideration as an additional Telecommunication Tower site is City of Winter Springs Fire Station #3 to be located on the south side by S.R. 434 in Tuscawilla Tract 15, Parcel 3 (approximately 2,300 feet west of Vistawilla Drive). The Telecommunications Tower located on this site shall require a special exception from the Winter Springs City Commission in accordance with this ordinance and applicable City code provisions. The Tower on this site shall not exceed a height of 120 I and shall only be available as a tower site following approval by City Commission as part of the grant of the Special Exception. Following approval and construction of the four (4) towers described in this subsection, additional towers may be applied for and justified in accordance with the applicable standards for a special exception in the City Code, as well as these standards: (a) The tower at proposed Fire stations #3 and any subsequent additional telecommunication tower is required for public safety communication needs; or, (b) Technical data is presented by an applicant indicating that the proposed tower is the only technically feasible available site to assure telecommunications services coverage needs to area citizens; and, (c) Such Technical. data specified in subsection (b), above, is not for speculative, untried telecommunications uses but is for current technology recognized or approved for service area needs and market conditions under applicable state, federal or local laws, regulations or ordinances; and, (d) All such Technical data shall be provided at cost to the applicant. The City may, in approxl.mate cases in its sole 6 :- :' -., , ....... - , ~.: - ~....::,.... ""t _ ...- _ _ - -, -"."\ ....... ~,- .. - ., _. _ 4 . : -i : .-. ?:.r ? rJ :: HUG 29 '97 04:46PM KRUPP EN BACHER & ASSC P.9/19 discretion, retain the service of technically competent consultants to evaluate the data submitted by an applicant to justify an additional tower pursuant to this ordinance. The applicant shall post a deposit with the City Manager or his designee in a sum such that the applicant for the addi tional Telecommunication Tower pays the full cost of technical review of such tower by City's consultant; and, (e) Initial review of any additional Telecommunication Tower sites shall be by the city's Development Review Committee. The Special Exception shall also be considered by the Planning and zoning Eoard which shall make a recommendation to the Ci ty Commission concerning said Special Exception; and, (f) Additional tower sites shall be: (i) .' :~~:!f'(. . :" :~' " : Y., ., ;,.. ,.... U........ : 'Ioea fed' as' far as pos's'ible from residentially zoned property (and at least the minimum set forth in this ordinance); and (ii) Erected to a height that is the minimum height necessary to technically serve the applicant's needs, but not exceeding the lesser of ~ or a height calculated based on a tower setback of 125% of the tower height measured at grade from the base of the tower to the closest residentially zoned property line; and (iii) the use of steal th tower is encouraged in accordance with this ordinance. 7 , "--' ~...:._.........:- ..... . ... - - : 3 - .: '3 - .~- ., ' . =, ~ - ::" i :: AUG 29 ' 97 04: 47PM KRUPPEI'IBACHER & ASSC P.10/19 (e) Site Plan. Any Telecommunications company or entity that intends to install a Telecommunications Tower in the City shall file a site plan (as defined in Chapter 20 II Zoning II . if applicable and/or Chapter 9 "Land Development" Code of Ordinances. City of Winter Springs) with the Land Development Coordinator. Said site plan shall be reviewed by the Development Review Committee. (f) Performance Standards/Design Criteria. (1) Setbacks. a. Telecommunications Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. b. The setback requirements shall be a minimum of ten (10) feet from any lot line and shall comply with setback requirements in this ordinance or the City Code for setbacks from adjoining uses. (2) Separation of towers from off-site uses used to calculate maximum tower height. Separation distances between Telecommunications Towers and the lot line of any residential zoned property shall be used to determine the maximum height of a proposed tower. The maximum height of any tower shall not exceed ~ provided however that the distance from the tower base to the nearest lot line of residentially zoned property shall be a minimum of 125% of the tower height. (3) Measurement of Height. a. Measurement of Telecommunications Tower height shall include Antenna, base pad, and any and all other appurtenances and shall be measured from the finished grade of the parcel on which the Telecommunications Tower is located. b. Telecommunications Towers shall not exceed one bundred sixty five (1651) feet in height which shall include the antenna. (4) Illumination. g ? 2 ):.I 4. i) '7 - ~'::. _...,...,., -;' : 3 - 2 9 - 'j ~ l) ~ ; 5:' =- . I PI!) AUG 29 '97 04:47PM KRUPPEl'lBACHER & ASSC P.ll/19 Telecommunications Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration. (5) Flnished color. Telecommunications Towers not requiring FAA painting/marking shall be of such color that will blend with the surrounding environment. (6) Structural Design. a. Site plan(s) are required and shall be submitted for approval as defined in Chapter 20 zoning (if applicable) and/or Chapter 9 Land Development, Code of Ordinances, City of Winter Springs, Florida. b. Telecommunications Towers shall be constructed in accordance with the EIA/TIA 222-E Standards as published by the Electronic Industries Association, which may be amended from time to time, ASCE 7-95/ "Minimum Design Load for Buildings and Structures", (Wind Loads Chapter), as published by the American Society of Civil Engineers I and further defined by ASCE 7-88, "Guide to the Use of the Wind Load Provi.sions", both which may be amended from time to time, and all City of Winter Springs construction/building codes as indicated in a statement signed, sealed and dated by a professional engineer licensed to practice in the State of Florida. c. Such statement shall also describe the tower's capacity, number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load imposed by the tower. d. All new Telecommunications Towers, and those existing towers to be modified, shall have the capability of having space for thr~e or more carriers. One of these spaces shall be reserved exclusively for the use of the City of Winter Springs. Tower owners shall accommodate other antenna users on their towers. 9 ::: :. = :,! .i.'J ,- - .~ ~ -: - '7 '7 r: "7 :' :3 - .:: '; - ~ ~ 'J ~ ' -; ~ ? ~.l ? ~ l AUG 29' 97 04:47PM KRUPPEI'IEACHER & ASSC P.12/19 e. Further, any improvements and/ or addi tions (i.e., Antenna, satellite dishes, etc.) shall require submission of a site plan signed, sealed and dated by a professional engineer licensed in the State of Florida which provides substantial competent evidence of compliance with the EIT /TIA 222-E Standards ASCE 7-95, "Minimum Design Load for BUildings and Structuresll, (Wind Loads Chapter), as published by the American Society of Civil Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind Load Provisions", both which may be amended from time to time, in effect at the time of said improvement or addition. (7) Public Notice. Notice of any request, under this ordinance, shall be published (in a newspaper of general circulation) and personal notification shall be given to all property owners located within three times the height of the tower area. Personal notification shall mean notice sent by first class U.S. mail, and to the Board of Directors of duly recognized homeowners associations. (8) Signage. No commercial signage or advertising shall be permitted on a Telecommunication Tower unless otherwise required by law or the signage pertains only to the posting of the property relative to trespassing. The use of any portion of a tower or perimeter fence/wall for signs or advertising purposes, including company name, banners, streamers, etc., shall be prohibited. (9) Fencing. a. A vinyl coated chain-link fence or masonry wall not less than eight (8) feet in height from finished grade shall be installed by the applicant around each Telecommunications Tower. Barbed wire or other fencing method to prevent pedestrian access to the tower, not to exceed two (2) feet in height, shall be installed along the top of the fence or wall, but shall not be included when calculating the height of the fence or wall. 10 ?:: :;:I! t -,...._, :..:._~-..:;- .... ~ .,. - - . _ : - .2 13 - '3 ': tj ~ ; """l ~ ? =.,r Pt2 AUG 29 '97 04:48PM KRUPPENBACHER & ASSC P.13/19 b. Access to the tower through the fence or wall shall be through a gate which shall be locked at all times the tower site is not being occupied by the person or entity in charge of the Telecommunications Tower or site. (10) Landscaping. The visual impacts of a Telecommunications Tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures in order to maintain visual aesthetics for those who must view the site on a regular basis including, but not limited to, proximate residents and the travelling public. The following landscaping and buffering requirements shall be required around the perimeter of the tower and accessory structures; a. A row of shade trees of minimum of eight (8) feet tall that will reach heights of 40+ feet, two and one-half (2 1/2) inches in caliper, and a maximum of ten (10) feet apart shall be planted around the outside perimeter of the fence/wall; b, A continuous hedge shall be planted in front of the tree line referenced abovei it shall be at least thirty (30) inches high at planting capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above; c. All landscaping shall be of the evergreen variety being a min~um quality of Florida #1. d. All landscaping shall be xeriscape tolerant and shall be properly maintained by the Telecommunications Tower owner/operator to ensure good health and viability. The use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements. (11) Antennas on Buildings. Stealth rooftop or building mounted antennas shall only be permitted after buildout to three co- 11 == ~~r ~ :''';'-~2'-:-7'76'":' : : - 2 'j - ? - ,'". =, ? :.1 ? 1 3 AUG 29 ' 97 04: 48PM KRUPPEf'IBACHER & ASSC P.14/19 loca tions on each of the four (4) tower sites indicated in subsection (d) above. After buildout occurs, then stealth rooftop or building mounted antennas may be erected. Any stealth rooftop or building mounted antennas which are not attached to a Telecommunications Tower, shall be a permitted ancillary use to any commercial, industrial, Public Buildings, Utility Installation, and Recreation (sites greater than ten [10J acres in size) land uses indicated on the Future Land Use Map of the City's Comprehensive Plan provided that: a. antennas shall only be permitted on buildings which are at least fifty (50) feet in height (the height requirement may be waived if public safety needs warrant the antenna) ; b. antennas may not extend more than twenty (20) feet above the highest point of a roof (this requirement may be waived if public safety needs warrant additional height); c. antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; d. no commercial advertising shall be allowed on an antenna or supporting structure; 8. no signals, lights, illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA): and f. No more than one (1) total unmanned equipment building shall contain more than seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet in height. All building shall be subj ect to regulations of the Building Department; and (12) Equipment Storage Mobile or immobile equipment not used in direct support of a Telecommunications Tower facility shall not be stored or parked on the site of the tower unless repairs to the tower are being made, 12 ;: 2 :)M .;.: ~ - ~ .::- - -...., -3 '7 :~-2;-;~ 04:53 ?~J ?~-* AUG 29 '97 04: 49PM KRUPPEI'IEACHER 8. ASSC P.15/19 and are in progress. (13) Schedule of Structural Integrity Telecommunication Tower owners/operators shall submit to the Building Department a certified statement from a qualified, registered, professional engineer, licensed in the state of Florida, attesting to the structural and electrical integrity of the tower on the following schedule: (a) All towers examined one year after initial construction. (b) All towers every five (5) years; (d) The City may require such certified statement after a nearby unusually severe storm event as determined by the (NOAA) national weather ser~ice. (14) Transmission/Reception Interference. Each application to allow construction or modification of a Telecommunications Tower shall include a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting that the construction of the tower, including receiving and transmitting functions, shall not interfere with public safety communications and the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and non-residential properties. ( 1 5) Telecommunications Towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and cOrrosive or dangerous chemicals. (g) Co-location of Communications Antennas. The City of Winter Springs desires to minimize the number and general proliferation of communication towers. This section is intended to insure that Telecommunication Towers that are permitted within the City of Winter Springs are utilized in a manner that provides for the maximum number of service providers upon each tower within the context of technical feasibility and safety. 13 ;: ::: :' ;,[ ~ i) '; - ~ ~ -: - - -- '3 -:- :. 3 -:: ~ - '~ '7 I} -.t. : ...., ? ),,1 ?tS AUG 29 '97 134: 49PM KRUPPEI'IBACHER & ASSC P.16/19 Further, this section is intended to minimize the number of such towers wi thin the City. Specifically, as a minimum, Telecommunications Towers exceeding one hundred (100) feet in height shall be engineered and constructed to accommodate rhree (3) communication providers. The City shall have the authority to require, specify and otherwise stipulate that Telecommunication Towers be engineered and constructed in a manner that provides for three(3) co-locat1ons as part of the conditional use and/or site plan approval processes. As a condition of approval of all Telecommunication Towers and to the extent that co-location is technically feasible, all owners of existing Telecommunication Towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional communication service providers upon such existing Telecommunication Tower. Applicants desiring to construct new Telecommunication Towers shall submit written documentation that clearly explains the need for and reasons for the proposed construction of a new Telecommunication Tower rather than locating proposed antenna array/communication equipment upon an existing tower. Such documentation shall include plans of existing and future towers by the applicant/provider in question, correspondence with existing Telecommunication Tower owners and may include a cost analysis of alternatives. Existing service providers, e.g., existing Telecommunication Tower owners, that are unwilling, upon request of another service provider, to allow co-location upon such existing tower, shall submit written documentation to the City with reasons and justification as to why such co-location cannot be accomplished. Competition between service providers shall not be considered to be a valid reason for preventing or otherwise obstructing co-location., The City shall determine whether the applicant and/or existing provider are reasonable and correct in their respective assertions. If the city determines that either party is being unreasonable or otherwise uncooperative, the City shall deny the applicant1s request for a new tower and/or the City may cause the existing Telecommunication Tower's approval to be revoked and said existing tower to be removed. Such determination involving existing tower owners shall be made in writing and adopted by a majority vote of the City Commission upon holding an advertised public hearing and notification of the owner at least 14 ? ~ : :,! 4'~ ~ - ~ : -: - ""1 --; '3 '7 : ~ - .: '~ - l~ '7 0 ~ : :: 3 . .'. ?l: AUG 29 '97 04:50PM KRUPPENBACHER & ASSC P.17/19 fifteen (15) days prior to such hearing. Upon adoption of such determination by the City Commission, the existing tower owner and the property upon which such tower is located shall be considered to be a violation of the City's Land Development Regulations and shall be subject to any and all remedies and penalties thereof. To minimize adverse visual impacts associated with the proliferation and clustering of Telecommunications Towers, co-location of communications Antennas by more than one (1) carrier on existing or new Telecommunication Towers shall take precedent over the construction of new single-use Telecommunications Towers as follows: (1 ) Proposed communications Antennas shall co-locate onto existing Telecommunications Towers. (2) Type of Construction. A Telecommunications Tower which is reconstructed to accommodate the Co- location of an additional communications Antenna shall be of a monopole tower type. Steal th- designed monopoles are encouraged. (3) Height. An existing Telecommunications Tower may be modified or rebuilt to the allowed height including antennas by compliance with this ordinance; (4) Onsite-location. a. A Telecommunications Tower which is being rebuilt to accommodate the Co-location of an additional communications Antenna may be moved onsi te, but shall comply with or maximize setback requirements from residentially zoned property. b. After a Telecommunication Tower is rebuilt to accommodate Co-location, only one (1) tower shall remain on the site; (h) Certification of Compliance with Federal Communications Commission (FCC) NIER Standards Prior to receiving final inspeccion by the Winter Springs Building Department, documented certification shall be submitted to the FCC, with copy to the Land Development Coordinator, certifying that the telecommunications facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER). (i) Abandonment. IS ;: ~. : :.,[ I . - _ I ... ,= _ -- -..:.... .... _ -T _ . . P _ 4.. ~ ~ ... - - - . IJ ~ : ~ 3 :: ' , AUG 29 '97 04:50PM KRUPPENBACHER & ASSC P.18/19 (1) In the event the use of any Telecommunications Tower has been discontinued for a period of one- hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official who shall have the right to request documentation and/or affidavits from the Telecommunications Tower owner/operator regarding the issue of tower usage. The Telecommunications Tower owner/operator shall provide all requested information wi thin ten (10) working days of a request being made, and failure to so provide shall be deemed to constitute 180 days of non-use of the Tower. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) days within whiCh to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (ii) dismantle and remove the tower. With regard to towers that received special exception approval,' ninety (90) days after dismantling or the expiration of the two-hundred seventy (270) day period as set forth in this Section, the special exception and/or variance for the tower shall automat1cally expire. (2) The City of Winter Springs, upon abandonment, and at its discretion, may assume ownership of the tower at no cost, or require the owner to dismantle the tower at the owner's expense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and returned to its natural state. (3) An appropriate Surety Instrument to assure dismantling costs shall be provided by the owner prior to a tower construction permit. SECT TON II - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. Also, if any portion is deemed invalid, unlawful or unconstitutional, then a ninety (90) day moratorium on the construction and/or erection and/or 16 ? ? ::-.1 T .. ~ _ , .....;= _.... '7': - .,. . .,. - - - : -: - 2 'j - .; ~ -, .f . ::: ~ ?:.! ? ! 3 AUG 29' 97 04:50PM KRUPPEI'IBACHER 8. ASSC P.19/19 locat~on and placement of any Telecommunication Towers within the City of Winter Springs, Florida, shall automatically go into effect upon said findings of invalidity, unlawfulness or unconsti tutiona11 ty to enable the City time to properly prepare, consider and enact a new tower ordinance to protect the public health, safety and welfare. SECTION TIT - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SEC~ION IV - This Ordinance shall take effect immediately upon its adoption, in accordance with 166.041 (4) Florida Statutes. PASSED AND ADOPTED this____day of , 1997. PAUL P. PARTYKA, MAYOR CITY OF WINTER SPRINGS ATTEST: MARGO HOPKINS, CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING 17 -- ~~--~::---~~ - - -. ~ -- . - -. . Oel:S: ~" ? 1 '~