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HomeMy WebLinkAbout96-08ORDINANCE NO. 96-08 ADDING SECTION 32-70 TO THE DANVILLE MUNICIPAL CODE RELATING TO THE REGULATION OF WIRELESS COMMUNICATION FACILITIES The Danville Town Council does ordain as follows: SECTION 1: FINDINGS. The Town Council of the Town of Danville makes the following findings in support of the adoption of the Town's Wireless Communication Ordinance: . The proposed ordinance is consistent with the goals and policies contained within the Danville 2005 General Plan in that the ordinance provides standards to help preserve the scenic quality of the Town. . The proposed ordinance is consistent with existing Town ordinances such as the Downtown Business District Ordinance and Major Ridgeline and Scenic Hillside Development Ordinance in that the ordinance contains provisions to protect the unique visual character of the downtown area and highly visible ridgeline areas. . The proposed ordinance will allow for the orderly review of wireless communication facility applications in a consistent manner and in a manner consistent with applicable federal laws. . A Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the adoption of this ordinance. . There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 2. ADDING SECTION 32-70 OF THE DANVILLE MUNICIPAL CODE Section 32-70.1 Title This section shall be rifled the '%Vireless Communication Facilities Ordinance of the Town of Danville." PAGE 1 OF ORDINANCE NO. 96-08 Section 32-70.2 Purpose and Intent The purpose and intent of this section is to establish development standards to regulate the placement and design of wireless communication transmission facilities so as to preserve the unique visual character of the Town; to establish development standards which are consistent with federal law related to the development of wireless communication transmission facilities; to acknowledge the community benefit associated with the provision of wireless communication services within the Town and to provide incentives for well designed and well placed facilities; and, to pursue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of wireless communication facilities. Section 32-70.3 Definitions . Antenna- Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. . Collocation - The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures. , Equipment Cabinet - A cabinet or structure used to house equipment associated with a wireless communication facility. . Monopole - A single free-standing pole, post, or similar structure, used to support equipment associated with a single wireless communication facility. . Related Equipment -All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. 6. Service Provider - Any authorized provider of wireless communication services. . Wireless Communication Facility - An un-staffed facility, generally consisting of antennas, an equipment cabinet or structure, and related equipment, which receives and/or transmits radio frequency signals. PAGE 2 OF ORDINANCE NO. 96-08 Section 32-70.4 General Wireless communication facilities may be allowed in all zoning districts within the Town, subject to approval of a Land Use Permit application and consistent with the development standards established under this section. Section 32-70.5 Development Standards. Section 32-70.6 General Development Standards The following development standards shall apply to the development of all new wireless communication facilities within the Town of Danville: ao New wireless communication facilities shall be collocated with existing facilities and with other planned new facilities whenever feasible and aesthetically desirable. In addition, where feasible and aesthetically desirable, service providers are encouraged to collocate with other facilities such as water tanks, light standards, and other utility structures where the collocation is found to minimize the overall visual impact. In order to facilitate collocation, conditions of approval for Land Use Permits for new facilities shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and aesthetically desirable. b. All ground mounted wireless communication equipment, antennas, poles, or towers shall be of a minimum functional height. C. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. d. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened, by existing development, topography, or vegetation, to the extent feasible. Ground mounted facilities are encouraged to be located within areas where substantial screening by existing vegetation can be achieved. Additional new vegetation, and irrigation where practical, or other screening may be required as a condition of approval for the permit. PAGE 3 OF ORDINANCE NO. 96-08 e. Roof mounted equipment and antennas shall be located as far away as feasible and aesthetically desirable from the edge of the building. Antennas attached to a building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color. f. Where feasible, the location of wireless communication facilities shall be encouraged to be located on publicly owned or controlled property or right-of- way. g. All Land Use Permit approvals for wireless communication transmission sites shall be valid for an initial maximum period of five years. The Land Use Permits may be extended administratively by the Planning Division upon the verification of the Land Use Permit's continued compliance with the findings and conditions of approval under which the application was originally approved. h. All equipment associated with a wireless communication facility shall be removed within 30 days of the discontinuation of the use and the site shall be restored to its original preconstruction condition. In addition, the service provider shall provide the Town with a notice of intent to vacate a site a minimum of 30 days prior to the vacation. For facilities to be located on public property, this removal requirement shall be included within the terms of the lease. For facilities to be located on private property, since the subject property owner shall be ultimately responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease. I0 A wireless communication receiving and transmission facility shall not adversely affect the public health, peace or safety. For service providers who plan to establish multiple wireless communication facilities within the Town, the service provider is encouraged to apply for approval of all facilities under a master Land Use Permit application. Under this approach, all proposed facilities may be acted upon by the Town as a single application. k. For proposed facilities which do not meet the development standards contained within this ordinance, if the Planning Commission finds that, due to the non- compliance, the proposed facility may create a significant impact to the neighborhood, the Planning Commission may require an independent third party review, at the expense of the applicant, to confirm the radio frequency needs of the applicant. PAGE 4 OF ORDINANCE NO. 96-08 f--. Section 32-70.7 Downtown Business District Development Standards In addition to the general development standards, the following development standards apply to properlies within the Tom's downtown business district as defined by Town Ordinance No. 94-08. a. All proposed wireless communication facilities within the Town's downtown business district shall be completely screened from the view of surrounding properties or otherwise not be generally perceptible. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building. If a new architectural addition is proposed to accommodate a facility, then the project will be subject to all architectural review provisions contained within the Town's downtown business district ordinance, including Development Plan and Design Review approval. Section 32-70.8 Major Ridgeline Areas development Standards In addition to the general development standards, facilities proposed to be located within a Town identified Major Ridgeline area, as defined within the Town's Major Ridgeline and Scenic Hillside Development Ordinance (Ordinance No. 29-84), shall comply with the following development standards: a. No wireless communication facility shall be located within 100 vertical feet of a Town identified Major Ridgeline, unless an exception is granted by the Planning Commission. The Planning Commission may grant an exception if it finds that: . Due to the specific location and design of the proposed facility, the facility will not be visible from surrounding properties or public view. . Due to existing development or existing landscaping at the site, the proposed facility will be substantially screened from the view of surrounding properties and public view and will not result in an adverse visual impact. b. Special design considerations, such as designing facilities to appear as natural features found in the immediate area, such as trees or rocks, may be considered in approving facilities within Major Ridgeline and Scenic Hillside areas. PAGE 5 OF ORDINANCE NO. 96-08 Section 32-70.9 Residential Districts In addition to the general development standards, wireless communication facilities which are proposed to be located within residential zoning districts shall comply with the following development standards: a0 All facilities shall be substantially screened from the view of surrounding properties and the public view or collocated with existing facilities or structures so as not to create a substantial additional visual, noise, or thermal impacts. Antennas are encouraged to be located within areas where substantial screening by existing vegetation can be achieved. Section 32-70.10 Review and Approval Review and Approval of Land Use Permit applications for wireless communication receiving and transmission facilities as required under this section is as follows: ao For all Town zoning districts, except the downtown business district and residential districts, if a proposed facility is found to be consistent with all development standards contained within this section, the Land Use Permit may be approved administratively upon notification to property owners within a 300 foot radius of the proposed site. b. For proposed facilities within the Town's downtown business district or residential zoning districts, or any proposed facility which requires an exception from any provision of this section, the application shall require review and approval by the Planning Commission during a noticed public hearing. Section 32-70.11 Exceptions a. Any proposed wireless communication receiving and transmitting facility which is not consistent with the development standards contained within this section, shall require approval of an exception by the Planning Commission during a noticed public hearing. b. The Planning Commission may grant an exception to waive any provision of this ordinance where found necessary to allow for the adequate development of facilities to serve all areas within the Town. PAGE 6 OF ORDINANCE NO. 96-08 Section 32-70.12 Exemptions a. The Chief of Planning may find that certain types of wireless communication facilities and systems are exempt from the requirements of this section and do not require Land Use Permit approval. Exempt facilities shall include private non-commercial wireless communication systems or facilities which are contained entirely on-site for the purpose of serving the premises on the site and having no potential visual, noise, thermal or radio frequency interference on surrounding properties. Section 32-70.13 Remedies Not Exclusive The remedies in this article are not exclusive. The Town may rely on any remedy authorized by law. Section 32-70.14 Severability The Town Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for any reason found to be invalid or unconstitutional, such invalid or constitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION 3. PUBLICATION The City Clerk shall either (a) have this Ordinance or published once within 15 (fifteen) days after adoption in a newspaper of general circulation or, (b) have a summary of this Ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 (fifteen) days after adoption. SECTION 4. CODIFICATION Section 2 of this Ordinance shall be codified in the Danville Municipal Code. Sections 1, 3 and 4 shall not be codified. PAGE 7 OF ORDINANCE NO. 96-08 The foregoing ordinance was first read and introduced on September 17, 1996 and approved and adopted by the Danville Town Council at a Regular Meeting held on Tuesday, October 1, 1996 by the following vote: AYES: Greenberg, NOES: None ABSTAIN: None ABSENT: None Shimansky, Arnerich, Doyle, Waldo MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify the foregoing is a true and accurate copy of Ordinance No. 96-08 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 8 OF ORDINANCE NO. 96-08