Chapter 18.170
WIRELESS COMMUNICATION FACILITIES
Sections:
18.170.050 General provisions.
18.170.100 Application requirements.
18.170.010 Purpose.
The purpose of this chapter is to provide the standards and requirements under which wireless communication facilities may be permitted. In establishing and administering these standards and requirements it is the intent of the city to:
A. Protect the historic character of the community;
B. Minimize the visual impacts associated with wireless communications technologies;
C. Reduce visual clutter in the city; and
D. Promote the co-location of facilities on existing buildings or structures. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.010)), 2010.]
18.170.020 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC;
B. Facilities used for purposes of public safety, such as, but not limited to, police and the regional 911 system;
C. Wireless radio utilized for temporary emergency communications in the event of a disaster;
D. Incidental use of a support structure exempt under subsection B of this section;
E. An antenna that is designed to receive television broadcast signals;
F. An antenna that is one meter or less in diameter or diagonal measurement, which is designed to receive direct broadcast satellite services or video programming services, including direct-to-home satellite services;
G. Small wireless facilities as defined in 47 CFR 1.6002(1) or as hereafter amended; and
H. Routine maintenance, repair, and replacement of telecommunication facilities that do not substantially change the eligible support structure, overall facility height, or overall facility footprint. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.020)), 2010.]
18.170.050 General provisions.
All wireless communication facilities must comply with the following provisions:
A. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with a FCC-licensed telecommunications provider if they are required to be licensed by the FCC.
B. All project sponsors of major or minor wireless communication facilities shall obtain and maintain a city of Roslyn business license prior to issuance of any permits.
C. No construction activities associated with permits issued by the city may be initiated until written documentation that all required federal permits and approvals have been submitted for city review and approval and a written authorization to proceed has been issued by the city.
D. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.
E. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.
F. All wireless communication facilities shall be installed, erected, or mounted in a manner that is intended to be permanent in accordance with the provisions of the International Building Code as adopted by the city of Roslyn. Temporary and mobile commercial facilities are not allowed.
G. The city shall consider the cumulative visual effects of wireless communication facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.
H. Project sponsors shall cooperate with other wireless communication providers in co-locating additional antennas on support structures and/or on existing buildings and sites, provided said proposed facilities have received a permit for such use at said site from the city.
1. A project sponsor shall allow other providers to co-locate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
2. Applicants shall demonstrate that they have made a good-faith effort to co-locate with other support structures currently used for wireless communication facilities, and that no commercially reasonable co-location opportunities that meet the requirements of this code are available.
3. Failure to comply with the co-location requirements of this section may result in the denial of an application or revocation of an existing permit.
4. The city may require new support structures to be constructed so as to accommodate future co-location, based on expected demand for support structures in the service area, provided this requirement would not cause the application to be rejected by the city.
I. Minor wireless communication facilities proposed to be located on legally conforming, nonresidential buildings and structures including, but not limited to, water towers, clubhouses, office buildings, retail buildings, industrial buildings, government buildings, churches, light standards in parking lots and sports fields, bridges, power poles and towers may be permitted; provided, that:
1. The combined antenna(s) and support structure shall not extend more than 15 feet above the existing or proposed roof structure. Antenna(s) may be mounted to rooftop appurtenances, provided they do not extend beyond 15 feet above the roof proper; and
2. The antennas are mounted on the building such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment.
J. Major and minor wireless communication facilities shall be screened or camouflaged by employing the best available technology as determined by the city. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the city.
K. Major and minor wireless communication facilities may be placed in the city right-of-way, provided the facility is placed on a light standard or power pole and the equipment cabinet is placed in the ground.
L. Electronics equipment enclosures shall conform to the following:
1. Screening of equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
2. No wireless communication facilities may be located within required building setback areas.
M. Security fencing, if used, shall conform to the following:
1. Fences shall comply with the design standards in RMC 18.50.070(K), except that black vinyl-coated chain link fences are allowed when the screening in subsection (M)(2) of this section is implemented;
2. Security fencing composed of black vinyl-coated chain link shall be effectively screened from view through the use of appropriate landscaping materials, including approved plant species, in a minimum three-foot-wide area.
N. The operator of a major or minor wireless communication facility shall notify the city upon the discontinued use of a particular facility. The wireless communication facility shall be removed by the facility operator within 90 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.
1. If the provider fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located.
O. Nothing in this title shall operate to restrict or limit the city’s ability to adopt and enforce all appropriate ordinances’ requirements for telecommunications carriers’ and providers’ use of the rights-of-way and public property, procedures for application and approval of telecommunication business registrations, telecommunications rights-of-way use authorizations, franchises and facilities leases, and describing violations and establishing penalties. Nothing in this chapter shall operate to release in whole or in part any applicant for a wireless communication facility from the obligation to comply with such ordinances, rules and regulations of the city of Roslyn.
P. The city reserves the right to review any currently approved wireless communication facility use under federal, state, or local regulations as they exist now or may be amended in the future. If the city reviews any wireless communication facility it shall give the operator of the facility at least three months’ written notice to prepare any information needed to review the wireless communication facility. In ruling on said renewal, the city shall consider all the existing regulations and law affecting the application that is appropriate to the technology and use.
Q. Construction of an approved wireless communication facility shall commence within one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.
R. The project sponsor of a wireless communication facility shall and does, upon approval of the permit, agree to indemnify, protect, defend, and hold harmless the city, its council members, planning and historic preservation commission members, officers, employees, agents, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney’s fees incurred by the city arising directly or indirectly from: (1) the city’s approval and issuance of the permit; (2) the city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated in the permit; and (3) the installation and operation of the facility allowed by the permit, including, without limitation, any electromagnetic fields or other energy waves or emissions. Project sponsors’ compliance with this indemnity provision is an express condition of the permit, and this indemnity provision shall be binding upon any and all of the permittees/operators, successors, and assigns. By signing the application for a wireless communication facility the project sponsor, the applicant, and all associated lessors and lessees agree to be bound by this provision. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.050)), 2010.]
18.170.100 Application requirements.
Applications for a major or minor wireless communication facility shall be on a form prescribed by the city. In addition to the general application requirements in Chapter 18.30 RMC, the applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that serve to convey all of the following information:
A. A legal description of the parcel(s) and parcel number(s);
B. Copies of any environmental documents required by any federal, state, or local agency, including the city if applicable. These shall include the environmental assessment required by FCC Para. 1.1307 or State Environmental Policy Act (SEPA), if required by the city. In the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
C. Photosimulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances;
D. The proposed method of camouflage, the finished color, and illumination method, and the proposed method of fencing and/or security measures if applicable;
E. A letter signed by the applicant stating the wireless communication facility will comply with all FAA regulations and all other applicable federal, state and local laws and regulations;
F. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
G. A signed statement indicating that (1) the applicant and landowner agree they will diligently negotiate in good faith as determined by the city to facilitate co-location of additional wireless communication facilities by other providers on or within the same site location; and (2) the applicant and/or landlord agree to remove the facility within 90 days after it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned;
H. An indemnification agreement in a format prescribed by the city signed by the project sponsor and other parties that may be required by the city that indemnifies, protects, defends, and holds harmless the city, its council members, planning and historic preservation commission members, officers, employees, agents, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney’s fees incurred by the city arising directly or indirectly from (1) the city’s approval and issuance of the permit; (2) the city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated in the permit; and (3) the installation and operation of the facility allowed by the permit, including, without limitation, any electromagnetic fields or other energy waves or emissions;
I. A copy of the FCC license and any other applicable licenses for the intended use of the wireless communication facility;
J. A copy of the city of Roslyn business license;
K. A complete description of the proposed facility, including preliminary or conceptual drawings showing dimensions and other relevant information. Such description and drawings shall include the maximum build-out of the proposed facility as anticipated at the time of application;
L. Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards adopted by the FCC;
M. Documentation showing the proposed facility will not cause interference with other wireless communication facilities and telecommunication devices;
N. Signed statements indicating the following:
1. Agreement to allow for the potential co-location of additional WCF by other providers on the applicant’s structure or within the same site location, provided all safety and structural requirements are met, any future owners or operators will allow co-location, and if the applicant does not own the support facility a consent agreement by the owner to grant access to other users for the same structure or facility.
2. Agreement to remove the wireless communication facility within 90 days after the site/facility’s use is discontinued;
O. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that allows the landholder to enter into leases with other providers and specifies that if the applicant fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.100)), 2010.]