Chapter 17.78
PERSONAL WIRELESS SERVICE FACILITIES
Sections:
17.78.010 Policies, purpose and goals.
17.78.040 Personal wireless services facilities – Permitted locations.
17.78.050 Pre-application requirement.
17.78.060 Contents of complete application.
17.78.070 Visibility and dimensional standards.
17.78.080 Co-location – Covenant of good faith.
17.78.090 Recovery of city costs.
17.78.100 Maintenance of facilities.
17.78.120 Testing of personal wireless services facilities required – Radio frequency radiation.
17.78.130 Testing of personal wireless services facilities required – Noise emissions.
17.78.150 Abandonment of facilities.
17.78.010 Policies, purpose and goals.
(1) Provision of Opportunities for Wireless Providers. This chapter is designed to provide opportunities for personal wireless service facilities consistent with the statutory rights of wireless communication service providers while providing for orderly development of the city and protecting the health, safety, and general welfare of the city’s residents and property owners.
(2) Preservation of Character of City. A primary objective of this chapter is to preserve the existing visual and aesthetic character of the city and its neighborhoods, as well as minimizing the noise impacts generated by personal wireless service facilities. Preserving the visual and aesthetic character of the city includes the protection of views within the city which create a special character for the community, high property values, and a tax base sufficient to support the city’s operations, and limiting the intrusion of noise, visual, and aesthetic impacts associated with commercial and other uses into residential neighborhoods.
(3) The goals of this chapter include:
(a) Establishing development regulations consistent with the city’s comprehensive land use plan;
(b) Providing sites for locating personal wireless service facilities;
(c) Providing personal wireless service facilities and infrastructure to serve city residents and visitors;
(d) Encouraging the use of appropriate technology that has minimal adverse environmental, noise, and visual impacts on the city and the prompt removal of abandoned facilities;
(e) Encouraging the location of facilities upon existing nonresidential structures in commercial and industrial zoning districts, in such a manner that the facility is integrated, or appears to be integrated, into the structure;
(f) Establishing standards for personal wireless service facilities to mitigate the visual and noise impacts associated with those facilities;
(g) Facilitating the use of existing high voltage transmission towers in private rights-of-way in nonresidential zones for personal wireless service facilities to reduce the impacts of facilities upon residential and other properties; and
(h) Encouraging the development of personal wireless service facilities on a competitively neutral basis. (Ord. 14-010 § 1).
17.78.020 Definitions.
(1) “Antenna” means a specific device which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas for commercial purposes.
(2) “Antenna array” means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.
(3) “Applicant” means any person, firm or entity seeking to place a personal wireless service facility within the boundaries of the city.
(4) “Camouflaged” means the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. “Camouflaged” does not mean invisible, but rather appearing as part or exactly like the structure used as a mount.
(5) “Co-location” means the placement and arrangement of more than one provider’s antennas and equipment on a single support structure.
(6) “Concealment” means fully hidden from view. For example, a personal wireless service facility is concealed when it is completely hidden or contained within a structure, such as a building, wall or roof.
(7) “Developed street” means any public right-of-way classified as an alley, access street, collector street, minor arterial, or principal arterial, which is partially or fully developed and devoted to transportation use by the public at large.
(8) “Planner” means the planner or his or her designee.
(9) “Disguised” means that a personal wireless service facility is changed to appear to be something other than what it really is. For example, personal wireless service facilities are sometimes disguised to appear as trees or flagpoles.
(10) “EIA” means the Electronic Industries Association.
(11) “Equipment enclosure” means a structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or auxiliary electric generators.
(12) “FAA” means the Federal Aviation Administration.
(13) “Facility” means a personal wireless service facility.
(14) “FCC” means the Federal Communications Commission.
(15) “Guyed tower” means a vertical support structure which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.
(16) “Height” means the vertical distance measured from pre-existing ground level to the highest point on the personal wireless service facility, including but not limited to the antenna or antenna array.
(17) “Lattice tower” means a wireless communication support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides.
(18) “Licensed carrier” means any person, firm or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same.
(19) “Monopole tower” or “monopole” means a vertical support structure, consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation.
(20) “Mount” means any mounting device or bracket which is used to attach an antenna or antenna array to a street pole, building, structure, monopole, or tower.
(21) “Panel antenna” means a directional antenna designed to transmit and/or receive signals in a directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees.
(22) “Personal wireless services” means any of the technologies as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, personal communications services (PCS), enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), and paging.
(23) “Personal wireless service facility” means any unstaffed facility for the transmission and/or reception of personal wireless services.
(24) “Street pole” means a telephone, electric, or cable television pole located in a developed street.
(25) “Whip antenna(s)” means an omni-directional antenna(s) designed to transmit and/or receive signals in a 360 degree pattern. (Ord. 14-010 § 1).
17.78.030 General provisions.
(1) The placement or modification of any personal wireless service facility at any location within the city is subject to the provisions of this chapter, except for temporary facilities providing emergency communication services during natural disasters or other emergencies which may threaten the public health, safety, or welfare.
(2) Personal wireless service facilities shall not be permitted on any building or structure within an area of the city zoned residential, or on any building or structure that contains a residence or school.
(3) Facilities located within a designated critical area, as defined by Chapter 18.20 KMC, shall comply with the requirements of the appropriate chapter.
(4) Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be permitted only as specified in KMC 17.78.040.
(5) No variances or deviations from the provisions of KMC 17.78.040 and 17.78.070 shall be permitted, except as specifically allowed in those sections.
(6) All applicable standards and requirements of the Uniform Building Code, FCC, FAA, EIA, and any other agency with the authority to regulate antennas and support structures must be met. If such standards and regulations are changed, then the owners of the support structures and antennas shall bring such structures and antennas into compliance with the 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. Failure to bring structures and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the support structure or antenna at the owner’s expense.
(7) Building Codes and Safety Standards. To ensure the structural integrity of antenna support structures, the owner of the structure shall ensure that it is maintained in compliance with standards contained in applicable building codes and the applicable standards that are published by the EIA, as amended from time to time. If, upon inspection, the building official concludes that a structure fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the support structure, the owner shall have 30 days to bring such structure into compliance. If the owner fails to bring the structure into compliance within 30 days, the city may remove the structure at the owner’s expense.
(8) A personal wireless services facility permit shall be required prior to the construction or installation of each facility. A notice of application posted upon the subject property shall be the only form of public notice required for a personal wireless services facility permit.
(9) A building permit is required for all facilities. A conditional use permit is also required for new towers.
(10) Interference. No antenna shall be permitted to be placed in a location where it will interfere with existing transmittal or reception of radio, television, audio, video, electronic, microwave, or other signals.
(11) Personal wireless facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities.
(12) Lot Size. For purposes of determining whether a facility complies with development standards such as setbacks, the dimensions of the entire lot shall control, even though a facility is located on a leased parcel within that lot.
(13) Lighting. Facilities shall not be lighted unless required by the FAA or other applicable authority.
(14) Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure. (Ord. 14-010 § 1).
17.78.040 Personal wireless services facilities – Permitted locations.
The following siting standards shall apply to all new facilities:
|
Zone Designation |
Permitted Uses |
Visual, Dimensional |
Noise Standards |
|---|---|---|---|
|
Central Business (C-B), Industrial (I-G), and Publicly Owned Lands |
Facilities within developed streets are permitted. |
As per KMC 17.78.070(1) |
As per WAC 173-60-040 |
|
Facilities attached to existing structures that do not contain a residence or a school are permitted. |
As per KMC 17.78.070(2) |
||
|
|
Monopoles are permitted. |
As per KMC 17.78.070(3) |
|
|
Gateway Commercial (G-C) |
Facilities attached to existing high voltage transmission towers are permitted. |
As per KMC 17.78.070(4) |
|
|
|
Facilities attached to existing monopole and lattice towers are permitted. |
As per KMC 17.78.070(5) |
|
(Ord. 24-005 Exh. B; Ord. 14-010 § 1).
17.78.050 Pre-application requirement.
Applications for personal wireless service facility permits shall not be accepted by the planner unless the applicant has requested and attended a pre-application conference. The purposes of the pre-application conference are to acquaint the applicant with the requirements of this code and project review procedures and for city staff to be acquainted with the proposed application for purposes of determining appropriate review procedures and facilitating the application and project review process. In order to ensure that the pre-application conference is meaningful, the applicant must provide all information requested by the planner. (Ord. 14-010 § 1).
17.78.060 Contents of complete application.
An application for a personal wireless services facility permit is complete for the purposes of this section when it has been determined by the city to contain the information described below. The permit fee shall be established by resolution of the city council. A complete application is sufficient for continued processing even though additional information may be required or modifications may subsequently be made. The city’s determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the application occur. Applications found to contain material errors shall not be deemed complete until such errors are corrected. The planner may waive the specific submittal requirements set forth in subsections (5)(c) through (e) of this section when determined to be unnecessary for review of the application. A complete application shall contain:
(1) A complete application form, permit fee, and attachments signed and dated by the owner or authorized representative. The application shall be on a standardized form approved by the planner and provided to the applicant by the city. For freestanding towers, a complete conditional use permit form is also required.
(2) The name, address, phone number and signature of the applicant or authorized representative.
(3) A complete legal description of the subject property.
(4) Locational maps, including:
(a) A citywide map showing the location and service area of the proposed facility and the location and service area of any existing and known or planned future facilities of the licensed carrier within the city.
(b) A map depicting the area immediately around the proposed site, showing the zoning designation of the subject property and of all adjacent properties.
(5) Site plans and drawings, drawn to scale, depicting the proposed and existing improvements on the property. The drawings shall include a plan view and elevations, and contain the following information:
(a) Dimensions and shape of the lot, and street names.
(b) Location and dimensions of existing and proposed buildings and structures, including setbacks.
(c) Circulation. Adjacent street improvements curb cut locations for ingress and egress, and parking layout in accordance with city standards.
(d) Existing and proposed landscaping, in accordance with this chapter, including the location of significant trees.
(e) Existing watercourses, critical areas, utility lines, easements, deed restrictions, and other built or natural features restricting use of the subject property.
(f) Preliminary grading plan depicting proposed and existing grades at five-foot contours if grading is proposed in conjunction with the proposed facility.
(g) Storm drainage, sidewalks, and exterior lighting.
(h) Sight lines for the proposed facility. Said sight lines shall graphically depict the level of visibility of the facility as viewed from adjacent public rights-of-way. At least one sight line shall be provided depicting the site from the north, south, east and west, or as determined by the planner.
(i) Elevation drawings for all proposed improvements on the site.
(6) Color photographs of the existing site and computer-generated color photographs depicting the proposed facility incorporated into the site (photo simulations). At least one color photograph and one color photo simulation shall be provided depicting the site from the north, south, east and west, or as determined by the planner.
(7) Three copies of all plans and photographs. One paper reduction of each oversized plan to 11 by 17 inches shall also be provided.
(8) A description of the support structure or building upon which the facility is proposed to be located, and the technical reasons for the design and configuration of the facility.
(9) A signed statement that:
(a) The applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional facilities by other providers on the applicant’s structure;
(b) The applicant and/or landowner agree to remove the facility within 90 days of abandonment;
(c) The applicant certifies that the facility will comply with all FAA and FCC regulations and EIA standards and all other applicable federal, state, and local laws and regulations; and
(d) The antenna will not interfere with other transmission or reception facilities.
(10) Design information, including equipment brochures, color and material boards, and dimensional information.
(11) Information necessary to demonstrate the applicant’s compliance with FCC and FAA rules, regulations and requirements. This includes documentation of FAA approval and documentation that the applicant is licensed by the FCC, that the FCC has approved the proposed antenna and/or support structure, and that the proposed antenna complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(12) Necessary information for review of environmental impacts, in accordance with KMC Title 18, Environment.
(13) Fees.
(14) A completed right-of-way placement permit application if the facility is to be located within a public right-of-way.
(15) For monopoles, written justification for why co-location on existing sites is not feasible. Justification shall address the following points, at a minimum. Technological and engineering opinions shall be certified by an independent electronic/communications engineer where required by the city.
(a) There are no other towers or structures located within the geographic area required that meet the applicant’s engineering requirements.
(b) Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
(c) Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
(d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) Other limiting factors render existing towers and structures unsuitable. (Ord. 14-010 § 1).
17.78.070 Visibility and dimensional standards.
All personal wireless services facilities locating within the city shall comply with the following standards:
(1) Street-Pole-Mounted Facilities.
(a) Antennas.
(i) Antennas or antenna arrays shall be no greater in size than six feet measured vertically, including the mount, and 16 inches in diameter measured horizontally. Antennas shall be mounted on street poles. Only one facility shall be permitted on any street pole. Antennas shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. Antennas not flush-mounted on the side of the street pole shall be centered on the top of the street pole to which they are mounted and camouflaged or disguised.
(ii) In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antennas so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 15 feet or the required separation, whichever is less. Any such mount shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.
(iii) Existing street poles may be replaced with a new street pole of the same height, dimensions and appearance as the existing street pole. In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antennas so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 15 feet or the required separation, whichever is less. Antenna(s) located upon the new street pole shall meet the standards for mounting an antenna to an existing street pole, as set forth above.
(b) Equipment Enclosures Placed in Developed Streets. Equipment meeting the standards set forth below may be located in developed streets.
(i) Dimensions.
(A) Above ground equipment enclosures shall not be greater than six cubic feet in volume. No single dimension shall exceed three feet.
(B) Below ground equipment enclosures shall not be greater than six cubic feet in volume.
(C) An underground equipment enclosure may be connected to an above ground equipment enclosure with a combined total volume of no greater than 12 cubic feet.
(ii) Appearance. The equipment enclosure shall be constructed so as to minimize its visual impact. Evergreen landscape plantings shall be installed and maintained which completely obscure visibility of the equipment enclosure from the developed street and adjacent properties.
(c) Horizontal Separation. For facilities located within developed streets, there shall be a minimum horizontal separation of 300 feet between the facilities of a single licensed carrier and a minimum horizontal separation of 100 feet between the facilities of any other licensed carrier.
(d) Above Ground Equipment – Not Located Within Public Rights-of-Way.
(i) Appearance. See subsection (6) of this section.
(ii) Screening and Noise Standards. See subsection (7) of this section.
(iii) Landscaping. See subsection (7) of this section.
(iv) Setbacks. See subsection (8) of this section.
(2) Attached Facilities.
(a) Antennas. Antennas and support structures attached to an existing building or structure shall not exceed 20 feet above the highest portion of the building or structure.
(i) The following are not required to be concealed or camouflaged:
(A) Any antenna attached to an existing monopole or tower, in compliance with subsection (5) of this section.
(B) Any antenna attached to a city of Kittitas water reservoir.
(C) A whip antenna two inches or less in diameter.
(D) A dish antenna 24 inches or less in diameter.
(E) Any antenna which is not visible from a public right-of-way.
(ii) All other antennas must comply with the following standards:
(A) Roof-mounted antennas shall be placed to the center of the roof where possible, and shall either be completely concealed or be fully camouflaged into the building design. This may include the construction of false equipment penthouses on the roofs of buildings or some other concealment type structure, the design of which is approved by the planner. When a roof mount installation is performed, the antennas, mounting brackets and any concealment structures shall be exempt from the height limit of the underlying zone to the extent that the total height of such facilities does not increase the overall building height by more than 20 feet.
(B) Wall-mounted antennas shall be mounted flush on the exterior walls of the building, not extend above the building parapet or other roof-mounted structure, and shall either be completely concealed or fully camouflaged into the building design. Whip antennas shall be painted a neutral color, or be fully concealed, at the discretion of the planner. In determining whether to require concealment of whip antennas, the planner shall consider whether the site line diagrams, site plans, and photo simulations submitted by the applicant demonstrate that the whip antennas will not be visible from the public rights-of-way adjacent to the subject property.
(b) Equipment Enclosures. Equipment enclosures shall be fully concealed within the interior of the building itself or designed in accordance with the following standards:
(i) Rooftops. Equipment enclosures located on the roof of a building shall be placed to the center of the roof where possible and shall either be completely concealed or fully camouflaged into the building with architecturally compatible design.
(ii) Ground-Mounted.
(A) Appearance. See subsection (6) of this section.
(B) Screening and Noise Standards. See subsection (7) of this section.
(C) Landscaping. See subsection (7) of this section.
(D) Setbacks. See subsection (8) of this section.
(3) New Monopole Towers.
(a) Antennas. Antennas shall be no greater in height than six feet. The antenna array and mount, if any, shall extend no further from the center line of the pole than 15 feet measured horizontally. Antennas shall be painted a natural, nonreflective color matching the monopole that blends into the natural and built surroundings where it is located.
(b) Support Structure. Monopoles shall be located in such a manner that a portion of the tower is screened by existing buildings or trees. Also, the pole shall be painted a natural nonreflective color to blend into the surroundings. The height of the monopole shall be no greater than 110 feet.
(c) Equipment Enclosures.
(i) Appearance. See subsection (6) of this section.
(ii) Screening and Noise Standards. See subsection (7) of this section.
(iii) Landscaping. See subsection (7) of this section.
(iv) Setbacks. Monopole support structures and equipment enclosures shall be constructed with a setback of at least 100 feet from any residential structure or school and 200 feet from any residentially zoned property. Monopole support structures shall have a setback from property line of at least 115 percent of the height of the structure.
(4) Electric Transmission Towers Outside Developed Streets.
(a) Antennas. Antennas shall be no greater in height than six feet. The antenna array and mount, if any, shall extend no further from the center line of the tower than 15 feet measured horizontally. Antennas shall be painted a color matching the tower so as to blend into the existing tower.
(b) Equipment Enclosures.
(i) Appearance. See subsection (6) of this section.
(ii) Screening and Noise Standards. See subsection (7) of this section.
(iii) Landscaping. See subsection (7) of this section.
(iv) Setbacks. See subsection (8) of this section.
(5) Co-Location on Existing Monopoles and Towers.
(a) Antennas. Antennas shall be no greater in height than six feet. On monopole towers, the antenna array and mount, if any, shall extend no further from the center line of an existing monopole than 15 feet measured horizontally. On lattice towers, the antennas shall extend no further than 10 feet, measured horizontally, from the portion of the lattice tower to which the antennas are mounted. Existing monopole and lattice towers, and any additional equipment co-located thereon shall be painted a natural, nonreflective color that blends into the natural and built surroundings where it is located.
(b) Equipment Enclosures.
(i) Appearance. See subsection (6) of this section.
(ii) Screening and Noise standards. See subsection (7) of this section.
(iii) Landscaping. See subsection (7) of this section.
(c) Setbacks. New equipment enclosures associated with new facilities co-located upon existing monopoles or lattice towers shall be placed no closer to existing residential uses than any existing equipment enclosure on the subject property.
(6) Appearance. Ground-mounted equipment enclosures shall be of the smallest size necessary and painted a natural, nonreflective color so as to blend in with the surroundings. Any new building or structure constructed for housing equipment, other than self-contained equipment cabinets, shall be designed and constructed to be architecturally compatible with buildings in the immediate vicinity and to blend into the surroundings. The exterior of all such buildings or structures shall be finished with masonry or siding and shall have a peaked roof. Buildings or structures with nonmasonry exterior finishing shall be painted a natural, nonreflective color. Pre-fabricated concrete and metal structures shall not be permitted unless treated with a facade meeting the requirements of this subsection.
(7) Landscaping, Screening and Noise Standards.
(a) Facilities That Produce Noise Beyond Those Standards Adopted by the City of Kittitas or the State of Washington. When a project exceeds the noise standards adopted by the city of Kittitas or the state of Washington, as measured at the property line of the subject property at any time of day or night, ground-mounted equipment cabinets and equipment enclosures shall be surrounded with a solid masonry or concrete wall on all four sides, comprised of at least four inches of solid masonry or concrete components. Said wall shall be located within five feet of any noise source associated with the equipment enclosure and shall have a height that is at least three feet above the highest point of the noise source. Gates or doors providing access to areas within said wall shall be constructed of a solid material and shall not be located on the wall immediately adjacent to the noise source. Any such noise source shall be oriented to minimize impacts on neighboring residential properties. The equipment enclosures shall be surrounded by a 10-foot-wide Type III landscape buffer located in front of the masonry or concrete wall of such structure.
(b) Facilities That Do Not Produce Noise. Ground-mounted equipment enclosures which are not required to be surrounded by a masonry or concrete wall shall be surrounded with a six-foot-tall sight-obscuring fence and a five-foot-wide Type III landscape buffer.
(c) Alterations. The landscaping requirements of this subsection may be varied by the planner on a case-by-case basis when the planner determines that landscaping is not necessary, that the equipment enclosure is not visible to the public, that landscaping is not practical, or that an alternative landscaping or concealment plan would result in a greater degree of concealment of an equipment enclosure.
(8) Setbacks. All portions of a personal wireless services facility, including equipment enclosures, shall be constructed with a setback of at least 100 feet from any residential structure or school or residentially zoned property. (Ord. 14-010 § 1).
17.78.080 Co-location – Covenant of good faith.
(1) All new monopole towers, and any pre-existing monopole or lattice towers, owned by a licensed carrier, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically co-located thereon. However, nothing in this chapter shall prevent such licensed carrier from charging a reasonable fee for the co-location of additional facilities upon said tower which does not exceed the fair market value for the space occupied.
(2) All licensed carriers shall cooperate with each other in co-locating additional facilities upon such towers. All licensed carriers shall exercise good faith in co-locating with other licensed carriers and in the sharing of towers, including the sharing of technical information to evaluate the feasibility of co-location. In the event that a dispute arises as to whether a licensed carrier has exercised good faith in allowing other licensed carriers to co-locate upon its tower, the city may require a third party technical study to evaluate the feasibility of co-location at the expense of either or both licensed carriers. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this chapter for a new monopole tower.
(3) Any licensed carrier which allows co-location upon a tower permitted pursuant to this chapter may condition said co-location to assure that the co-located facility does not cause electronic or radio-frequency interference with its existing facility. In the event that the co-located licensed carrier is unable to remedy the interference, the owner of the tower shall be relieved of its obligation to allow co-location of the interfering facility upon its structure. (Ord. 14-010 § 1).
17.78.090 Recovery of city costs.
(1) Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the city for all direct and indirect expenses reasonably incurred in connection with the issuance, modification, amendment, or transfer of the permit.
(2) Each permittee shall be required to reimburse the city for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a facility authorized by a permit granted pursuant to this chapter.
(3) Costs incurred by the city in response to any emergency at the facility shall be included within the reimbursable expenses set forth in this section. (Ord. 14-010 § 1).
17.78.100 Maintenance of facilities.
Each permittee shall maintain its facility in a good and safe condition and preserve its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. (Ord. 14-010 § 1).
17.78.110 Modification.
Any proposed change or addition to any facility shall require the issuance of a new personal wireless services facility permit, pursuant to the requirements of this chapter. This provision shall not apply to routine maintenance of a facility, or to the replacement of any portion of the facility with identical equipment. (Ord. 14-010 § 1).
17.78.120 Testing of personal wireless services facilities required – Radio frequency radiation.
(1) All personal wireless service facilities shall comply with applicable Federal Communications Commission (FCC) regulations regarding radio-frequency emissions. All tests shall be performed by or under the supervision of a professional engineer competent to perform such testing and interpret the data gathered.
(2) Reports or similar support documents shall be submitted for all facilities confirming compliance with all applicable FCC regulations. Compliance reports shall be required on an annual basis thereafter.
(3) If at any time the radio-frequency emission tests show that the facility exceeds any of the standards established by the FCC, the licensed carrier shall immediately discontinue use of the facility and notify the city. Use of the facility may not resume until the licensed carrier demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC. (Ord. 14-010 § 1).
17.78.130 Testing of personal wireless services facilities required – Noise emissions.
(1) The owner or operator of a personal wireless service facility shall conduct tests necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the facility when notified in writing by the city that a noise complaint has been received regarding the facility. All such tests shall be performed by or under the supervision of a licensed environmental noise consultant competent to perform such tests and interpret the data gathered.
(2) When such a report is required, a report, certified by a licensed environmental noise consultant, setting forth the observed noise levels at the property line of the property upon which the facility is located shall be submitted. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the facility, including any air conditioning or ventilation equipment contained therein. Such report shall address standards set forth within noise reduction measures within the standards set forth with the Federal Interagency Committee on Urban Noise, whichever demonstrates the least amount of noise impact for the nearest residential dwelling(s), at any time of day or night, as measured from the closest point from the exterior of the dwelling to the personal wireless facility.
(3) The city may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the owner or operator of the facility, if said facility fails to comply with applicable state or local noise standards.
(4) This section shall not apply during the annual testing of alternative power sources (i.e., power generators).
(5) This section shall not apply to any facility that does not contain air conditioning equipment. (Ord. 14-010 § 1).
17.78.140 Security.
All facilities shall be enclosed by a fence not less than six feet in height with a locking gate; however, no barbed wire or razor wire shall be permitted. All support structures shall be equipped with anti-climbing devices and shall have their means of access located a minimum of eight feet above the ground. The planner may approve alternate means of protection from unauthorized access on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare. (Ord. 14-010 § 1).
17.78.150 Abandonment of facilities.
(1) Any personal wireless services facility that has had no antenna mounted upon it for a period of six months, or if the antenna mounted thereon is not operated for a period of three months, shall be considered abandoned, and the owner thereof shall remove the facility within 90 days after receipt of a notice from the city to do so.
(2) In the event that more than one wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section.
(3) If the facility and associated equipment are not removed within 90 days after receipt of a notice from the city requiring said removal, the city may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such facility is situated in an amount equal to the cost of removal. (Ord. 14-010 § 1).
17.78.160 Signs.
No advertising or display shall be located on any antenna array; however, the owner of the antenna array shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site. Nothing in this section shall be construed to prohibit the placement of safety or warning signs upon any portion of the facility which are required by law or which are designed to apprise emergency response personnel and the employees and agents of personal wireless services providers of particular hazards associated with equipment located upon the facility. (Ord. 14-010 § 1).
17.78.170 Violations.
Upon occurrence of a violation of the provisions of this chapter, the code enforcement officer shall issue a notice of violation and order to correct or cease activity as provided in Chapter 1.16 KMC, General Penalty. (Ord. 14-010 § 1).