HomeMy WebLinkAboutOrdinance 5423 ORDINANCE NO. 5423
AN ORDINANCE TO AMEND §163.13 WIRELESS COMMUNICATIONS
FACILITIES OF THE UNIFIED DEVELOPMENT CODE TO ADD AN
EXEMPTION NECESSARY FOR ADEQUATE EMERGENCY SERVICE
COMMUNICATIONS
WHEREAS, normal cell towers must be limited to a maximum of 150 feet which would
include any antenna attached to the top of a tower; and
WHEREAS, because of unusual topography an emergency services antenna for the
existing 140 foot cell tower at 3450 N. Hemlock for the Mud Creek valley area south of the
Northwest Arkansas Mall would need to extend to about 155 feet to provide vital, full radio
coverage for our emergency responders; and
WHEREAS, this cell tower which was constructed to resemble a flag pole (with internal
antennas only) to be less intrusive, should also be allowed to have a necessary microwave dish
antenna which is about four feet in width installed to ensure proper communication with 911
Dispatch and the Arkansas emergency services radio network.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§163.13 Wireless Communications Facilities of the Unified Development Code to add an
exemption necessary for adequate emergency service communications by enacting a new
subsection (5)to subsection(E)Exemptions as shown below.
"(5) Emergency services pole antennas and microwave dish antennas.
(a) Mayoral determination. If sufficient information concerning gaps in
vital emergency services radio coverage or microwave relay capability and
the lack of any reasonable alternative is presented to the Mayor who
concludes an exemption to the 150 foot height limitation or to a
requirement that antennas must be within a permitted cell tower should be
made to ensure public safety, the Mayor may grant the following
exemptions.
(b) Emergency services antenna. The Mayor may authorize the
placement or extension of an emergency services pole antenna affixed to
the top of a permitted cell phone tower as long as the top of this antenna
does not exceed 155 feet above the ground, nor has a diameter larger than
four inches.
(c) Emergency services microwave dish antenna. The Mayor may
authorize the placement of an emergency services microwave dish antenna
on the outside of a permitted cell phone tower as long as this dish antenna
does not have a diameter more than four feet.
PASSED and APPROVED this 19th day of July, 2011.
APPROVED: ATTEST:
By: By: c�
�jdbNELD J , Mayor SO DRA E. SMITH, City Clerk/Treasurer
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r :FAYETTEVILLE:
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
City Council Meeting Date
Agenda Items Only
Chief Greg Tabor Police Police
Submitted By Division Department
Action Required:
Request Council to approve a minor amendment to Fayetteville code of Ordinances-Title XV (Unified Development
Code) 163.13 Wireless Communications Facilities Exemptions to allow a microwave to be mounted externally and
and antenna extension for public safety purposes.
N/A $ -
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Departme Date
Original Contract Date:
1 Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in Citi 7-0 1— 1 1 A09 :5 0 R CV D
Clerk's Office
f7
Chief of Sta Date
Received in J f
Mayor's Office
M r D e
Comments:
Revised January 15,2009
■
�r1 THE CITY OF FAYETTEVILLE,ARKANSAS
Y 1 DEPARTMENT CORRESPONDENCE ay
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and Members of the Fayetteville City Council
Thru: Greg Tabor, Chief of Police
From: Kathleen Stocker, Dispatch Manager
Date: June 30, 2011
Subject: Amendment to Fayetteville Code of Ordinances—Title XV (Unified Development Code)
163.13.E.5 Wireless Communications Facilities Exemptions
PROPOSAL:
City Council amends the Fayetteville Code of Ordinances, Title XV (Unified Development Code) 163.13
Wireless Communications Facilities to allow an exemption for an antenna extension and external mounting of a
microwave. This amendment is needed to obtain the level of coverage needed for public safety standards and to
ensure that adequate coverage is provided for emergency responders.
The Fulbright site (3450 N. Hemlock Ave) utilizes a tower design that allows antennas to be mounted inside of
a fiberglass shroud, which creates the appearance of a solid"flagpole." However, this design was created for
small antennas that are used by cellular phone service providers and it was not intended to contain larger
antennas such as those used by microwave systems. The microwave antenna to be installed at Fulbright is
approximately three feet in diameter and therefore must be mounted to the exterior of the tower structure. The
antenna will be mounted at 97 feet above ground level,which is the minimum height required for overcoming
nearby trees and other terrain. In addition, an antenna will be base mounted at 140 feet top to extend to 154.4
feet. The Fulbright site provided the best coverage for the area. The Township water tank, the Smith Two Way
tower site on Township and the tower sites located in Johnson were considered as possible sites during the
project design and the Fulbright site provided the best coverage due to the terrain of that area. In consultation
with Motorola and Smith Two Way the antenna needs to be mounted at the Fulbright tower location to extend
to 154.4 feet. If the antenna was lowered it would not provide adequate coverage needed.
The radio system uses multiple radio sites that transmit or receive in unison in order to provide an increased
coverage area. The sites work together to create a single system and they must be connected by a highly
reliable network. The City chose to construct a dedicated point-to point connection between each site in the
system. Each site must be equipped with microwave antennas that are mounted on the radio tower.
The Fulbright site is an important part of the radio project for public safety reasons. Public Safety and City
Personnel in the Fayetteville area routinely experience difficulty communicating with each other due to poor
radio coverage. This project also involves us connecting to the Arkansas Wireless Information Network which
is a shared-use communication system designed to improve the protection of the public by enhancing and
augmenting public safety agencies response to emergency situations.
THE CITY OF FAYETTEVILLE, ARKANSAS
RECOMMENDATION:
Staff recommends approval of the amendment to Title XV 163.13 Wireless Communications Facilities to allow
for the external microwave and extension on the antenna for emergency services purposes.
BUDGET IMPACT:
There would be no budget impact in approving this amendment.
1
VHLP3-11W
Installed at;
Fulhright (CL) 97 feet Springdale (CL) 181.
1.0 m 1 3 ft VaIuLine@ High Performance Low Profile Antenna, single-polarized, 10.125-
11.70a GHz, PDR100, white antenna, polymer white radome without Flash, standard pack—
one-piece reflector
Depth 47.2"
Height 41.9"
Weight 67.9 LB
Sinclair 432D-F6DF-144G6 Antenna
Used at Fulbright
1) Base mounted at 140 feet top of the antenna will be at 154.4 feet
Mechanical Specifications
Length/Haight in (mm) 172:5 (4382)
Width in (mm) 3.5 (89)
Depth in (mm) 3.5 (89)
Shipping dimensions in (mm) 198x54x54inches79.2x4.5x4.5cm {}
Weight lbs (kg) 34(15.4)
Actual Shipping weight lbs (kg) 75 (34.5)
Length in (mm) 172.5 (4382)
Connector 7115 DIN (female)
Weight iced lbs (kg)56 (30)
Base pipe diameter in (mm) 3.5 (89)
ORDINANCE NO.
AN ORDINANCE TO AMEND §163.13 WIRELESS COMMUNICATIONS
FACILITIES OF THE UNIFIED DEVELOPMENT CODE TO ADD AN
EXEMPTION NECESSARY FOR ADEQUATE EMERGENCY SERVICE
COMMUNICATIONS
WHEREAS, normal cell towers must be limited to a maximum of 150 feet which would
include any antenna attached to the top of a tower; and
WHEREAS, because of unusual topography an emergency services antenna for the
existing 140 foot cell tower at 3450 N. Hemlock for the Mud Creek valley area south of the
Northwest Arkansas Mall would need to extend to about 155 feet to provide vital, full radio
coverage for our emergency responders; and
WHEREAS, this cell tower which was constructed to resemble a flag pole (with internal
antennas only) to be less intrusive, should also be allowed to have a necessary microwave dish
antenna which is about four feet in width installed to ensure proper communication with 911
Dispatch and the Arkansas emergency services radio network.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§163.13 Wireless Communications Facilities of the Unified Development Code to add an
exemption necessary for adequate emergency service communications by enacting a new
subsection (5)to subsection (E)Exemptions as shown below.
"(5) Emergency services pole antennas and microwave dish antennas.
(a) Mayoral determination. If sufficient information concerning
gaps in vital emergency services radio coverage or microwave relay
capability and the lack of any reasonable alternative is presented to
the Mayor who concludes an exemption to the 150 foot height
limitation or to a requirement that antennas must be within a
permitted cell tower should be made to ensure public safety, the
Mayor may grant the following exemptions.
(b) Emergency services antenna. The Mayor may authorize the
placement or extension of an emergency services pole antenna affixed
to the top of a permitted cell phone tower as long as the top of this
antenna does not exceed 155 feet above the ground, nor has a diameter
larger than four inches.
(c) Emergency services microwave dish antenna. The Mayor may
authorize the placement of an emergency services microwave dish
antenna on the outside of a permitted cell phone tower as long as this
dish antenna does not have a diameter more than four feet.
PASSED and APPROVED this 10' day of July, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
G � ✓fee*.t IAw
Fayetteville Code of Ordinances
(2) The configuration of the property, existing (5) Setback. Each tandem lot shall have a
surrounding development, and/or terrain of minimum building setback requirement of 15
the area in which the tandem lot is proposed feet from all property lines unless a
is such that subdivision of said area into a variance is granted by the Fayetteville Board
standard block in accordance with of Adjustment.
Development,Chapter 166 is not feasible.
(Ord.5313,4-20-10)
(C) Requirements. Development of a tandem lot shall
be subject to the following requirements: 163.13 Wireless Communications
Facilities
(1) The tandem lot shall have access to a public
street by way of a private drive with a (A) The following general requirements shall apply to
minimum width and specification, such as a all new wireless communications facilities.
vehicular turnaround, as determined by
emergency response providers in (1) Noise requirements. Equipment used in
accordance with applicable local, state, and connection with a tower or antenna array
federal codes.The tandem lot owner shall be shall not generate noise that can be heard
responsible for maintaining said private drive beyond the site. This prohibition does not
so that emergency vehicles have safe apply to air conditioning units no noisier than
access to the dwelling located on the lot. ordinary residential units or generator used
Parking of vehicles in the designated private in emergency situations where regular power
drive for emergency vehicle access shall not supply for a facility is temporarily interrupted;
be permitted. The tandem lot owner shall provided that any permanently installed
have title to, or a perpetual private easement generator shall be equipped with a functional
in, the private drive. If the private drive residential muffler.
intersects a paved street, the private drive
shall be paved for a minimum distance of 18 (2) Compliance with federal regulations.
feet from said right-of-way in accordance Applicant shall comply with all applicable
with the driveway design standards in federal regulations. Proof of compliance shall
Fayetteville Unified Development Code be provided upon request of the Zoning and
Chapter 172. Development Administrator.
(2) The distance between the private drive of a (3) Lighting and signage.
tandem lot and any adjacent driveway shall
not be less than the minimum distance (a) Wireless communications facilities shall
between curb cuts in Fayetteville Unified be lighted only if required by the Federal
Development Code Chapter 166 Street Aviation Administration (FAA). Security
Design and Access Management Standards. lighting or motion-activated lighting may
3 The tandem lot, excluding the private drive, be used around the base of a tower and
( ) g P within the wireless communication
shall conform to the minimum lot width and facility, provided that the lighting is
lot area requirements of the zoning district in shielded in such a way that no light is
which it is located, unless a variance is directed towards adjacent properties or
otherwise granted by the Fayetteville Board rights-of-way.
of Adjustment.
4 Solid waste service for the tandem lot shall (b) Signs shall be limited to those needed to
( ) identify the property and the owner and
be provided by customers placing standard warn of any danger. No signs, symbols,
residential garbage carts, recycling bins,and identifying emblems, flags, or banners
yard waste at a designated collection point shall be allowed on towers.
on trash day in accordance with City of
Fayetteville Code of Ordinances Chapter (B) New towers. New wireless communications
50.20 (B). The designated collection point towers shall meet the following requirements:
shall be identified at the time the tandem lot
is created, in coordination with the City Solid (1) Type of towers allowed. New towers shall
Waste Division. Garbage carts and recycling be limited to monopole type structures or
bins shall not be placed at the collection alternative tower structures.
point more than 12 hours before or after
regular trash pickup in accordance with (2) Tower or antenna height limitations. Towers
Chapter 50.20(B) or alternative tower structures are permitted
to a maximum height of 150 feet.
CD 163:8
TITLE XV. UNIFIED DEVELOPMENT CODE
(3) Fall zone. The minimum distance from the setbacks, and proximity of single-family
base of any tower to any residential dwelling residences;
unit shall be the lower height or required
setback, whichever is greater, unless all (f) Describe your efforts to co-locate your
persons owning said residence or the land facility on one of the poles or towers that
on which said residences are located currently exists,or is under construction.
consent in a sign writing to the construction The applicant should demonstrate a
of said tower. This setback is considered a good faith effort to co-locate with other
"fall zone." In the event that an existing carriers. The Planning Commission may
structure is proposed as a mount for a deny a permit to an applicant that has
wireless communication facility, a fall zone not demonstrated a good faith effort to
shall not be required. provide for co-location. Such good faith
effort includes:
(4) Camouflaging or stealth technology for new
towers. If the applicant demonstrates that it (i) A survey of all existing structures
is not feasible to locate on an existing that may be feasible sites for co-
structure, towers shall be designed to be locating wireless communications
camouflaged to the greatest extent possible facilities;
including, but not limited to, use of (ii) Contact with all other wireless
compatible building materials and colors, communications facilities;
screening, landscaping, and placement
within trees. (iii) Sharing information necessary to
determine if co-location is feasible
(5) Color of towers. To the extent that any under the design configuration most
antenna extending above the height of the accommodating to co-location; and
vegetation immediately surrounding it, they
shall be a neutral color, painted or (iv) Letter from tower owner stating why
unpainted, unless the FAA requires co-location is not feasible.
otherwise.
(g) Describe how you will accommodate
(6) Information required to process new tower other antenna arrays that could co-
requests. locate on your facility. Describe how
this accommodation will impact both
(a) Provide a map of the geographic area your pole or tower, and your ground
that your project will serve; mounted facilities. Provide
documentation of your provider's
(b) Provide a map that shows other existing willingness to accommodate other
or planned facilities that will be used by providers who may be able to co-locate
the wireless communication service on your facility.
provider who is making the application;
(7) Required (after condition) balloon test and
(c) Provide a map that shows other crane test photographs. The proposed tower
potential stand alone locations for your shall be photographed from four locations
facility that have been explored; taken 90° apart and 300 feet from the center
of the tower. The proposed tower shall be
(d) Provide a scaled site plan containing superimposed on the photographs. A
information showing the property balloon or crane test shall be performed to
boundaries, proposed tower, existing illustrate the height of the tower and
land use, surrounding land uses and photographed from the same four locations.
zoning, access road(s) location and The time period, not to exceed one week,
surface material, existing and proposed within which the test will be performed, shall
structures and topography. The plan be advertised in a newspaper of general
shall indicate proposed landscaping, circulation in the city at least 14 days,but not
fencing, parking areas, location of any more than 21 days prior to the test. The four
signage and specifications on proposed locations shall be approved by the Zoning
lighting of the facility; and Development Administrator.
(e) Describe why the proposed location is (8) Sight line representation. A sight line
superior,from a community perspective, representation shall be drawn from four
to other potential locations. Factors to points 90° apart and 100 feet from the
consider in the community perspective proposed tower. Each sight line shall be
should include: visual aspects, depicted in profile, drawn at one inch equals
CD163:9
Fayetteville Code of Ordinances
40 feet. The profiles shall show all and understory vegetation in all directions to
intervening trees and buildings. create an effective year-round visual buffer.
Trees and vegetation may be existing on the
(9) Structural integrity and inspections of towers. subject property or installed as part of the
proposed facility or a combination of both.
(a) The applicant shall provide a
certification letter that states the tower (12)Setbacks from property lines. Wireless
meets or exceeds design criteria and all communication facilities shall meet current
local, state, and federal requirements setbacks as required by zoning.
regarding the construction,
maintenance, and operation of the (C) Co-location.
tower.
The Zoning and Development Administrator,
(b) If a tower fails to comply with the following an administrative review without the
requirements and criteria above and requirement of an issuance "of conditional use
constitutes a danger to persons or permit, may approve the following antenna
property, then upon written notice being installation,
provided to the owner of the tower, the
owner shall have 30 days to bring such (1) Locating on existing structures. Installation
tower into compliance with such of an antenna on an existing structure other
requirements and criteria. If the owner than a tower (such as a building, sign, light
fails to bring such tower into compliance pole, electric transmission tower and
within 30 days, the city may terminate similarly scaled public utilities/facilities, water
the owner's conditional use permit tower, or other free-standing nonresidential
and/or cause the removal of such tower structure), provided that the addition of the
(at the owner's expense). antenna does not add more than 20 feet of
height to the original structure.
(c) By making application hereunder, the
applicant agrees to regularly maintain (2) Locating on existing tower not previously
and keep in a reasonably safe and approved through §163.14 of the U.D.C.
workmanlike manner all towers, antenna Existing towers that do not have cell
arrays, fences and outbuildings owned antennas or arrays may not add such
by applicant which are located in the capability without securing a conditional use.
city. The applicant further agrees to Antennas may be replaced by similar
conduct inspections of all such facilities antennas at the same height and for the
not less frequently than every 12 same basic usage as the antennas being
months. The applicant agrees that said replaced.
inspections shall be conducted by one
or more designated persons holding a (3) Locating on existing towers previously
combination of education and approved through §163.14. Additional
experience so that they are reasonably antennas may be placed upon any tower
capable of identifying functional already approved through §163.14 of the
problems with the facilities. U.D.C. so long as such additional antenna
would not violate any requirements of the
(10)Security fencing and anti-climbing device. conditional use permit or other provisions of
Through the use of security fencing, towers §163.14.
and equipment shall be enclosed by wood
board fencing not less than six feet in height. (4) For the purpose of co-location, the applicant
The tower shall also be equipped with an must submit information from a licensed
appropriate anti-climbing device. The facility professional engineer certifying the capacity
shall place signs indicating "No of the tower for additional providers and a
Trespassing," "High Voltage," or other letter of intent from the applicant indicating
pertinent information on the outside of the their intent to share space.
fence, unless it is decided that the goals of
this ordinance would be better served by (D) Other requirements.
waiving this provisions in a particular
instance. Barbed wire fencing or razor wire (1) Wireless communications facilities placed on
shall be prohibited. top of buildings. When a wireless
communications facility extends above the
(11)Vegetative screening requirements. roof height of a building on which it is
Wireless communications facilities shall be mounted, every effort shall be made to
surrounded by buffers of dense tree growth conceal the facility within or behind existing
CD163:10
