Chapter 18.95
WIRELESS TELECOMMUNICATION FACILITIES
18.95.030 Application requirements.
18.95.040 Administrative review.
18.95.075 Public health and safety.
18.95.090 Minimum performance standards.
18.95.100 Implementation and monitoring costs.
18.95.105 Revocation of permit.
18.95.110 Cumulative remedies.
18.95.115 Use of outside consultants.
18.95.005 Purpose.
The purpose of this chapter is to provide standards for the design, location, and permitting of wireless telecommunication facilities. These standards will help to reduce adverse visual impacts and operational effects of wireless telecommunication facilities through appropriate design, siting, and screening techniques while providing for the communication needs of residents, local businesses, and government agencies consistent with applicable federal regulations.
In order to minimize the impacts of these facilities, this chapter encourages co-locating on existing communications facilities and other suitable structures. To pursue additional public benefits, this chapter also encourages the leasing of publicly owned properties for wireless telecommunication facilities where feasible. (Ord. 1261 § 1 (part), 2000).
18.95.010 Definitions.
(a) "Antenna" means any system of wires, poles, rods, discs, or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.
(b) "Co-location" means the practice of sharing support structures and buildings by wireless telecommunications providers (either public or private).
(c) "Facade-mounted antenna" means an antenna that is directly attached to or affixed to any building facade or structure.
(d) "Ground-mounted antenna" means an antenna with its support structure placed directly on the ground.
(e) "Lattice tower" means a three or more legged open structure designed and erected to support wireless telecommunication antennas and connecting appurtenances.
(f) "Monopole" means a self-supporting freestanding pole structure designed and erected to support wireless telecommunications antennas and connecting appurtenances.
(g) "Roof mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.
(h) "Stealthing" means improvements or treatments added to a wireless telecommunication facility which mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it "minimally visible" to the casual observer. Stealthing may utilize, but does not require, concealment of all components of the wireless facility.
(i) "Wireless telecommunication facility" means any structure, antenna, pole, tower, equipment, and related improvements which support the wireless telecommunications industry in the transmission and/or reception of electromagnetic signals. (Ord. 1261 § 1 (part), 2000).
18.95.020 Review processes.
Wireless telecommunication facilities are generally considered to have the potential to create negative impacts. Unless listed below as exempt or prohibited, no wireless communication facility shall be constructed without obtaining the required permit. (Ord. 1261 § 1 (part), 2000).
18.95.025 Pre-application.
A pre-application meeting is required for all wireless telecommunication facilities. It should take place at the earliest stage of site location research and should include a service area map, description of the type of facility required, preliminary site plan, and visual impact drawings. No fees are charged for review of material submitted at this stage. (Ord. 1261 § 1 (part), 2000).
18.95.030 Application requirements.
(a) All applications for wireless telecommunications facilities shall be submitted to the city services director or designee. The number and size of plans shall be determined by the city services director who may waive certain requirements or require additional information based on specific project factors. An application fee, as established by resolution and pursuant to the city of Marysville fee schedule, shall be paid for this review.
(b) Proposals requiring a use permit shall also include all application materials listed in this chapter as well as application and filing fees required under Chapter 18.72.
(c) Wireless telecommunication facility proposals must include the following application materials:
(1) Site plan, including all facility-related support equipment including the type of facility, number of antennas, and height to top of antenna(s), and statement of compliance with current FCC requirements. This information must justify that the facility is designed to the minimum functional height required.
(2) Elevations of all proposed wireless telecommunications structures and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site.
(3) Photo simulations, elevations or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. This information shall include accurate scale and coloration of the proposed facility and surroundings.
(4) Landscape plan, if required, showing existing vegetation, vegetation to be removed, and proposed plantings by type, size, and location.
(5) A geographic service area map with and without the proposed facility showing "hand-off" sites within the Marysville sphere of influence and distances between these sites. The map shall illustrate the geographic area the facility could be located in and all other existing sites that could be used for the proposed facility location. The map shall also include all wireless telecommunication facilities of all telecommunication service providers within one thousand feet of the proposed site.
(6) Alternative site selection and co-location information to demonstrate how the proposed facility satisfies the wireless telecommunication facility standards. If the proposed location is not a preferred location, the application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected, and a contact list used in the site selection process.
(7) Noise and acoustical information for the wireless telecommunication facility including ground equipment and back-up generator.
(8) Cumulative impact analysis may be required for the proposed facility if there are other wireless telecommunication facilities on or near the project site. The analysis shall include height of all existing and proposed wireless telecommunication facilities on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment, and a report estimating the ambient radio frequency fields and cumulative electromagnetic radiation at the proposed site.
(9) Co-location statement that the applicant:
(A) Shall co-locate on existing facilities unless it is determined not to be feasible and without adverse visual impacts.
(B) Will allow other carriers to co-locate on their facilities whenever technically and economically feasible and aesthetically desirable. (Ord. 1261 § 1 (part), 2000).
18.95.035 Exempt facilities.
The following wireless telecommunication facilities are exempt from the provisions of this chapter, if a permit issued by the California Public Utilities Commission (CPUC), or other applicable federal or state law specifically provides that they are exempt from local government regulation. The proposed facilities must comply with applicable design review manual provisions.
(a) Accessory to residential use of a site including noncommercial antennas, including satellite television and/or internet receive-only antennas, television and radio antennas, and antennas used in amateur radio meeting the requirements below:
(1) One satellite television antenna and one internet receive-only antenna not exceeding approximately three feet in diameter per dwelling unit. These types of antennas may not extend above the roof peak or parapet.
(2) Ground-mounted antennas and supporting equipment shall not be located within front or side yard setbacks. These facilities will comply with setback requirements for accessory buildings.
(3) Antenna height shall not exceed the maximum allowable building height by more than ten feet.
(b) Public safety and public works facilities including transmitters, repeaters, and remote cameras that shall be located on existing public structures such as buildings, bridges, light poles, and traffic signal controls.
(c) Wireless telecommunication facilities accessory to other public equipment such as irrigation controls, well monitoring, and traffic signal controls.
(d) Wireless telecommunication facilities erected and operated for emergency situations, as determined by the city manager, that will be removed at the conclusion of the emergency.
(e) Mobile facilities when placed on a site for less than twenty-four consecutive hours so long as advance written notice is provided. (Ord. 1309 § 8 (part), 2007; Ord. 1261 § 1 (part), 2000).
18.95.040 Administrative review.
The city services director or designee may approve, deny, or conditionally approve a proposal provided it meets the following requirements and applicable design review manual provisions:
(a) Any wireless telecommunication facilities that do not qualify as exempt, but are not subject to a use permit.
(b) Additional antennas on an existing wireless telecommunications tower that allows co-location and meets all of the following requirements:
(1) The type and size of the proposed antenna(s) is consistent with the tower’s construction.
(2) The new antenna does not exceed the height of the existing tower.
(3) The proposed array does not include a microwave dish greater than approximately three feet in diameter.
(4) The new array does not require major modifications to the existing tower.
(c) Facade-mounted antennas in commercial and industrial zones meeting all of the requirements below.
(1) The lowest part of the antenna(s) shall be a minimum of fifteen feet above grade.
(2) The antenna and mountings shall not project more than eighteen inches from the building surface to which it is mounted.
(3) Antennas, connections, and supports shall be treated to match the color scheme of the building.
(4) Antennas and connections shall not project above the mounting facade.
(5) Ground-mounted support equipment shall be undergrounded or screened from public view.
(d) Wireless telecommunications concealed from public view or fully integrated into site architecture of nonresidential structures to be constructed, renovated, or remodeled.
(e) Roof-mounted facilities on nonresidential structures meeting all of the following requirements:
(1) The facility and related equipment shall be fully screened from view or architecturally integrated into the building design.
(2) Antennas shall match the color scheme of the building facade to which they are attached.
(3) Ground-mounted equipment shall be undergrounded or screened from public view.
(4) Antennas and support structures shall not exceed the allowable height limit for the zone or exceed the roof parapet by more than six feet, whichever is less.
(f) Wireless telecommunication antennas on publicly owned or publicly utilized lands may be mounted on existing buildings or structures and must meet all the following requirements:
(1) Ground-mounted antennas shall not exceed fifteen feet.
(2) The antennas shall be integrated into the site and/or structure design.
(3) Ground-mounted equipment shall be undergrounded or screened from public view.
(g) Placement of private carrier facilities on utility, signal, or lighting structures within a public right-of-way or easement meeting all of the following requirements:
(1) Antennas shall be treated to match the supporting structure.
(2) Ground-mounted equipment shall be undergrounded or screened from public view.
(3) The city retains the right to deny an application for this type of wireless telecommunication facility based on aesthetic impacts alone.
(h) Antennas mounted on existing signs, water towers, sport field light towers, and other similarly scaled structures meeting all of the following requirements:
(1) Antennas shall be treated to match the supporting structure.
(2) Ground-mounted equipment shall be undergrounded or screened from public view.
(3) Height exceptions (greater than ten feet over the maximum allowable building height for the zone district in which the facility is to be located) will be considered based on minimum functional height justification and visual impact on surrounding land uses.
(4) The city retains the right to deny an application for this type of wireless telecommunication facility based on aesthetic impacts alone. (Ord. 1261 § 1 (part), 2000).
18.95.045 Use permit.
The following types of wireless telecommunication facility proposals shall be reviewed in accordance with Chapter 18.72 (Use Permits) provided the proposal meets the following requirements and any applicable design review manual provisions:
(a) Any wireless telecommunication facilities that do not qualify as exempt or for an administrative review approval.
(b) Monopole or lattice tower facilities in any zone meeting the following the following requirements:
(1) Monopoles and lattice towers shall be located and designed to minimize visual impacts. Towers shall incorporate "stealth" design techniques to disguise the tower as art/sculpture, clock tower, flagpole, tree or other appropriate and compatible visual form. The use of a monopole is preferred to multi-member, lattice towers based on minimum functional height justification and visual impact on surrounding land uses.
(2) New private monopoles and lattice towers shall not be located within five hundred feet of residentially zoned or developed parcels. Monopoles and lattice towers providing services for public safety facilities shall generally not be located within five hundred feet of residentially zoned or developed parcels.
(3) Monopoles and lattice towers shall not be permitted within one thousand feet of an existing tower unless the planning and historic preservation commission finds that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. Independent review of the request, at the applicant’s cost, may be required by the city services director.
(4) Monopoles and lattice towers shall be designed at the minimum functional height. Tower height shall generally not exceed the maximum height for buildings in the zoning district in which it is located by more than ten feet. This standard may be modified upon finding by the planning and historic preservation commission that cumulative visual impacts are not significant and that the height is necessary to provide services not possible with a tower meeting the height standard. Independent review of the request, at the applicant’s cost, may be required by the city services director.
(5) As a condition of approval for all monopoles and lattice towers, the applicant shall provide the city with a written commitment that they will allow other service providers to co-locate antennas on towers where technically and economically feasible.
(6) Ground-mounted equipment shall be undergrounded or screened from public view. (Ord. 1261 § 1 (part), 2000).
18.95.050 Standards.
(a) In any instance where a wireless telecommunication facility initially appears to qualify for an administrative review approval under this chapter, the city services director shall have the discretion to require a use permit upon finding that the facility may have negative impacts (including but not limited to visual, cumulative, etc.) on surrounding properties or land uses.
(b) Each service provider with a wireless telecommunication facility in the city shall obtain a city business license prior to initiation of service. (Ord. 1261 § 1 (part), 2000).
18.95.060 Height.
(a) All wireless telecommunication facilities shall be designed to the minimum functional height required. The site plan portion of a proposal’s application must justify that the facility’s height is the minimum necessary to meet functional communication requirements.
(b) Unless otherwise noted in this chapter, wireless telecommunication facility height shall not exceed the maximum allowable building height for the zone in which the facility is located by more than ten feet. If no maximum building height is established in this title, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community.
(c) The height of a wireless telecommunication tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.
(d) Height exceptions may be approved by:
(1) The city services director for specified administrative reviews involving co-locating antennas based on minimum functional height justification and visual impacts on surrounding land uses.
(2) The planning and historic preservation commission for use permits involving new monopoles or lattice towers upon making the determination that the additional height is necessary to meet the technical requirements of the facility at a specific location and that the health, safety and general welfare of the public warrants the increase in height. (Ord. 1261 § 1 (part), 2000).
18.95.070 Landscaping.
Landscaping as required by Chapter 18.86 shall be used as screening to reduce visual impacts of wireless telecommunication facilities. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity. (Ord. 1261 § 1 (part), 2000).
18.95.075 Public health and safety.
(a) All wireless telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC (such as adopted standards for human exposure to electromagnetic frequency radiation or radio frequency radiation), and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency.
(b) In no case shall the facility remain in operation if it is found to create a hazard to health, safety, and welfare. A facility shall not be found to create a hazard to health, safety, or welfare as a result of electromagnetic frequency radiation or radio frequency radiation emissions from the facility so long as it meets all then-current standards established by the FCC or other federal agency having jurisdiction.
(c) The wireless telecommunication service provider shall submit a certification to the city services director from a licensed engineer expert in the field of EMF/RF emission, ten days after full power operation, and on two-year intervals after the initial certification, verifying that the facility is and has been operated within the then-current applicable federal standards for EMF/RF emission standards. The report shall consider cumulative effects of co-located facilities and be written in plain English. (Ord. 1261 § 1 (part), 2000).
18.95.080 Noise.
Wireless telecommunication facilities, power sources, ventilation, and cooling facility shall not generate noise projected at or above seventy dB at fifty feet for compatibility. (Ord. 1261 § 1 (part), 2000).
18.95.090 Minimum performance standards.
(a) Wireless telecommunication facilities shall not be operated in any manner that would cause interference with the city’s emergency telecommunication system.
(b) Ground-mounted equipment shall meet building setbacks in the zone district where the facility is located.
(c) Fencing, barriers, or other appropriate measures to restrict access to wireless telecommunication facilities shall be maintained.
(d) The service provider(s) shall maintain all required warning and emergency contact signs at the wireless telecommunication site. The signs shall not include advertising. Signs shall be posted in a manner to reduce visual clutter and shall comply with Marysville Municipal Code sections applicable to signs.
(e) Lighting shall not be permitted on wireless telecommunication facilities unless required as a public safety measure. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding uses. Security lighting installed at wireless telecommunication facility sites shall only be operational when personnel are present. (Ord. 1261 § 1 (part), 2000).
18.95.095 Periodic review.
The city may conduct a periodic review of wireless communication facilities to consider whether or not the facility is conforming with the conditions of its discretionary approval or appropriate permits. The city shall consider whether or not the facility is conflicting with emerging land uses approved under the applicable general or specific plan. If the city concludes that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the carriers shall work with the city to develop a plan for achieving these mitigating goals. (Ord. 1261 § 1 (part), 2000).
18.95.100 Implementation and monitoring costs.
(a) The wireless telecommunication service provider or its successor(s) shall be responsible for the payment of all reasonable costs associated with monitoring the conditions of approval for use permits issued pursuant to this chapter, including costs incurred by the city or any other appropriate agency. The city services director shall collect such costs on behalf of the city.
(b) If any lattice tower or monopole is not operated for a continuous period of six months, the service provider shall notify the city services director. Any wireless communication facility not used for a six-month period shall be considered abandoned and shall be removed by the facility owner within the next six months and the site restored back to its original setting. The city may, at its discretion, require the posting of a performance surety to cover the cost of the removal of abandoned facilities. (Ord. 1261 § 1 (part), 2000).
18.95.105 Revocation of permit.
Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this chapter. Failure to comply with any condition shall constitute grounds for revocation pursuant to Section 18.72.040. (Ord. 1261 § 1 (part), 2000).
18.95.110 Cumulative remedies.
All remedies shall be cumulative and not exclusive as detailed in Chapter 18.08. (Ord. 1261 § 1 (part), 2000).
18.95.115 Use of outside consultants.
From time to time the city may contract for the services of a qualified outside consultant to supplement staff in the review of proposed wireless telecommunication facilities. The use of outside consultants shall be at the applicant’s expense. The cost of these services shall be in addition to all other applicable fees associated with the project, and shall be contracted for and administered by the city. (Ord. 1261 § 1 (part), 2000).
18.95.120 Appeals.
(a) Any determination of the city services director with respect to an administrative review may be appealed to the planning and historic preservation commission upon submitting to the city services department an appeal in writing accompanied by a fee established by resolution, no part of which shall be returnable to the appellant. The appeal must be made within ten days of the city services director’s determination.
(b) Appeal from any finding of the planning and historic preservation commission may be in writing to the city council upon submitting to the city clerk an appeal in writing accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the appellant. The appeal must be made within ten days of the commission’s action. (Ord. 1261 § 1 (part), 2000).