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Wireless Tower Ordinance

AN ORDINANCE ESTABLISHING REGULATIONS REGARDING THE SITING, PLACEMENT AND ERECTION OF WIRELESS COMMUNICATIONS FACILITIES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

WHEREAS, the Federal Government through the Federal Communications Commission (FCC) has issued wireless communications licenses for cellular, personal communication services, paging and other providers of wireless antenna services; and

WHEREAS, the demand by citizens for new wireless communications services has produced an increased need for installation of wireless antennas and wireless communications facilities (WCF) to serve the public, including the citizens of Faulkner County; and

WHEREAS, wireless communications facilities (WCF) are supportive of the public health, safety and welfare in that they provide useful portable communications services for personal convenience, business and emergency purposes; and

WHEREAS, additional WCF are required to provide quality communication services to meet the growing needs of the public and business for wireless communications and should be accommodated in Faulkner County, and

WHEREAS, the siting, erection and placement of WCF should be reasonably regulated to minimize potential health, safety and aesthetic impacts on the surrounding area.

NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT OF THE COUNTY OF FAULKNER, STATE OF ARKANSAS, AS FOLLOWS:

Section 1 PURPOSE AND GOALS

A. Purpose. The purpose of this Ordinance is to establish general guidelines for the siting, placement and erection of WCF, and to provide for a penalty for the violation of these guidelines.

B. Goals. The goals of this Ordinance are to:

(1) provide a range of locations for the siting, erection and placement of the WCF within Faulkner County consistent with the public health, safety and welfare and reasonable aesthetic considerations;

(2) encourage the location of WCF on existing structure, including utility poles, signs, water towers, buildings and other WCF where feasible;

(3) encourage Collocation and Site Sharing of new and existing WCF and

(4) protect the residents of Faulkner County from the uncontrolled development of WCF by requiring reasonable siting conditions.

Section 2 DEFINITIONS.

A. Antenna Array means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni directional antenna (rod), a directional antenna (panel) and a parabolic antenna (dish). The antenna Array does not include the Support Structure defined below.

B. Attached Wireless Communications Facility (Attached WCF) means Antenna Array attached to an existing building or structure which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device that attaches the Antenna Array to the existing building or structure and associated connection cables.

C. Collocation or Site Sharing means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communication technology or placement of a WCF on a structure owned or operated by a utility or other public entity.

D. County Judge means the duly elected Judge of the County Court of Faulkner County, Arkansas.

E. Equipment Facility means any structure used to contain ancillary equipment for a WCF that includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures.

F. Height, when referring to a WCF, shall mean the distance measured from ground level to highest point on the WCF, including the Antenna Array.

G. Setback means the required distance from the foundation of the WCF land based elements to the property lines of the parcel on which the WCF is located.

H. Stealth Technology means systems, components and materials used in the construction of WCF which are designed to mask or conceal the WCF to make it less intrusive with respect to the surrounding property.

I. Support Structure means a structure designed and constructed specifically to support an Antenna Array, and may include a monopole tower, a self-supporting (lattice), a guy-wire supported tower or similar structures. Any device used to fasten an Attached WCF to an existing building or structure shall be excluded from the definition of and regulations applicable to Support Structures.

J. Wireless Communications means any personal wireless service as defined in the Telecommunications Act of 1996, which includes FCC licenses commercial wireless Telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR) enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

K. Wireless Communication Facilities (WCF) means any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an Antenna Array, connection cables, an Equipment Facility, and a Support Structure to achieve the necessary elevation.

Section 3 APPLICABILITY.

A. New Construction. No person, firm or corporation shall install or construct any WCF from and after the passage of this Ordinance unless the installation and construction and the WCF comply with the requirement of this Ordinance.

B. Pre-existing WCF. WCF installed and constructed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance.

Section 4 DEVELOPMENT STANDARDS

A. Height Standards. The following height standards shall apply to all WCF facility installations;

(1) Attached WCF. Attached WCF Shall not add more than twenty (20) feet in height to the existing building or structure to which it is attached (Attachment Structure).

(2) WCF with support Structures. WCF with Support Structures shall have a maximum height of 150 feet.

B. Setback Standards. The following setback standards shall apply to all WCF installations.

(1) Attached WCF. Antenna Arrays from Attached WCF are exempt from the setback provision. An Attached WCF Antenna Array may extend up to 30 inches horizontally beyond the edge of the Attachment Structure so long as the Antenna Array does not encroach upon the adjoining parcel.

(2) WCF with Support Structures. WCF with Support Structures shall be set back a distance at least equal to 150% of the height of the Support Structure (tower) measured from the base of the Support Structure to the property line of the adjacent lot.

C. Land Form Preservation. Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the Equipment facility may be trimmed or removed

D. Aesthetics, Placement, Materials and Colors. WCF shall be designed so as to be compatible with the existing structures and surroundings to extent feasible, including placement in a location which is consistent with proper functioning of the WCF, the use of compatible or neutral colors, or stealth technology.

E. Lighting and Signage. The following lighting and signage requirements shall apply to all WCF facility installations:

(1) Artificial Illumination. WCF shall not be artificially illuminated, directly or indirectly, except for:

a. security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and

b. such illumination of the WCF as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences.

(2) Signage. WCF shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as my be required by local, state or federal regulations governing WCF’s.

F. Security Fencing. WCF with Support Structures shall be enclosed by an opaque security fence no less than 6 feet in height. Nothing herein shall prevent security fencing which is necessary to meet requirements of State or Federal agencies.

G. Structural Integrity. WCF with Support Structures shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Each Support Structure shall be capable of supporting at least three antenna arrays.

Section 5: SHARED FACILITIES AND COLLOCATION POLICY.

A. Collocation. All WCF Shall be constructed to be capable of sharing the facility with other providers, to collocate with other existing WCF and to accommodate the future collocation of other WCF. Persons proposing to erect or construct new WCF shall demonstrate that he or she has made a reasonably good faith attempt to find a collocation site. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation

Section 6: REMOVAL OF ABANDONED WCF:

A. Any WCF that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the WCF owner shall remove the WCF within ninety (90) days after notice from the County Judge to remove the WCF. If the abandoned WCF is not removed within ninety (90) days, the County Judge may remove it and recover the costs from the WCF owner. If there are two or more users of a single WCF, this provision shall not become effective until all providers cease to use the WCF. If the owner of an abandoned WCF cannot be located or is no longer in business, the requirements of this Section shall be the responsibility of the land owner on whose property the WCF is located.

Section 7 NONCONFORMING WCF.

A. WCF in existence on a date of the adoption of the Ordinance which do not comply with the requirements of this Ordinance (nonconforming WCF) are subject to the following provisions:

(1) Expansion. Nonconforming WCF may continue in use for the purpose now used, but may not be expanded without complying with this Ordinance.

(2) Additions. Nonconforming WCF may add additional antennas (belonging to the same providers or other providers) subject to the provisions of this Ordinance.

(3) Repairs. Nonconforming WCF which become damaged or destroyed due to any reason or cause, may be repaired and restored to their former use, location, and physical dimensions subject to the provisions of this Ordinance.

Section 8 ENFORCEMENT.

The enforcement of the provisions of this Ordinance is hereby delegated to the County Judge. In addition to the right to seek the imposition of the penalty set forth in Section 9 hereof, the County Judge is hereby expressly authorized to seek the immediate removal of all new WCF erected or constructed in violation of the provisions of this Ordinance.

Section 9 PENALTY.

The fine or penalty for violating any provisions of this Ordinance shall, upon conviction in the municipal court, not exceed Five Hundred Dollars ($500.00) for any one specified offense or violation, or double that sum for each repetition of such offense or violation, or double that sum for each repetition of such offense or violation; provided, further, that if a thing prohibited or rendered unlawful is, in its nature, continuous, in respect to time the fine or penalty for allowing the continuance thereof in violation of this Ordinance shall not exceed Two Hundred Fifty Dollars ($250.00) for each day that it may be unlawfully continued.

Section 10: SEVERABILITY.

The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, remainder of this Ordinance shall not be affected thereby.

Section 11: EMERGENCY

Whereas the construction of WCF, placement of Attached WCF and related facilities are of concern to the citizens are affected by such; and whereas there is increasing construction and proliferation of WCF, Attached WCF and related facilities not subject to the reasonable regulations provided herein; now, therefore, an emergency is declared to exist and this Ordinance shall be and is effective from the date of its passage.