Chapter 7.22 WIRELESS COMMUNICATIONS

Chapter 7.22
WIRELESS COMMUNICATIONS

Sections:

7.22.030 Permit process and administration.

7.22.000 Purpose.

(1) In addition to accomplishing the general purposes of this chapter and the Tulalip Tribes Comprehensive Plan, the purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of personal wireless communications facilities including towers/support structures and antennas. These regulations are designed to comply with the Telecommunications Act of 1996, Federal Communications Commission, Washington Utilities and Transportation Commission, and Tulalip ordinances. The goal of the Telecommunications Act of 1996 is to let anyone enter any communication business, to let any communication business compete in any market against any other. The FCC’s Office of Native Affairs and Policy (ONAP) serves as FCC’s catalyst to help improve the level of broadband, telecommunications, and broadcast throughout Indian Country and provides Tulalip Tribes a regulatory resource to succeed in business enterprises and work with local governments. They are intended to minimize visual impact while furthering the development of enhanced telecommunication services within the exterior boundaries of the Reservation.

(2) The provisions of this chapter are not intended to prohibit personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.

(3) In reviewing any application to provide/construct/modernize personal wireless service facilities, the Planning Department shall act within a reasonable period of time, taking into account the nature and scope of the application to determine compliance with applicable Federal Communication Commission tower and antenna siting rules and Tulalip Tribes ordinances. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. [Res. 2023-382].

7.22.010 General provisions.

(1) Applicability – Exemptions. The requirements of these regulations shall apply to all new personal wireless communications facilities within the exterior boundaries of the Tulalip Indian Reservation and the expansion and/or alteration of any existing personal wireless communications facilities. The following are exempt from the provisions of these regulations:

(a) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and industrial districts and direct-to-home satellite services.

(b) Send and receive citizen band radio antennas or antennas operated by Federally licensed amateur (“ham”) radio operators.

(d) Military and government radar antennas and associated communication towers used for navigational purposes as regulated by the FCC by 47 CFR Parts 97 and 95, respectively.

(e) Military and Federal, Tulalip Tribal government, State and local government communications facilities used for emergency preparedness and public safety purposes.

(f) Normal, routine and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint or bulk of such facilities and which otherwise comply with Tulalip Tribal government and Federal law and regulations.

(2) Nonconforming Uses and Structures.

(a) Wireless communications uses and structures in existence as of the effective date of the resolution codified in this title which are nonconforming as to the use or development standards of these regulations shall be subject to the nonconforming provision of TTC 7.10.030, Nonconforming use.

(b) Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this title.

(3) Priority of Location and Prohibited Locations.

(a) In reviewing applications for new personal wireless communications facilities, preference shall be given to locations in the following order:

(i) Attachment on existing structures shall be preferred to the construction of new support structures. In all cases, antennas should not have a negative impact on views from public recreational areas such as parks or trails. Locations for attached antennas are prioritized as follows:

(A) Existing Towers. Collocation on an existing tower where a legal wireless communications facility is currently located.

(B) Industrial and Commercial Zones. On structures used for utility functions if the facility will not have a negative impact on water views. Sites containing government services if the facility will not have a negative impact on water views or views from recreational areas and the use does not adversely affect other public uses on the site.

(D) Resource and resource-20 zones.

(E) Residential zones.

(F) Recreation zones.

(ii) A new support structure shall only be considered when the applicant demonstrates that it is necessary to provide acceptable service and there are no suitable and available locations on existing structures. Sites that contain residential structures will have a lower priority than other sites in the same zone. In all cases, towers should not be visible from public recreational areas such as parks and trails. Locations for support structures are prioritized as follows:

(A) Existing Towers. Clustering on existing tower sites when additional impacts will be negligible.

(B) Industrial and Commercial Zones. In industrial zones if the WCF will not have a negative impact on waterfront views.

(D) Resource and resource-20 zones.

(E) Residential zones.

(iii) New installations shall be prohibited outright in conservation zones. [Res. 2023-382].

7.22.020 Development standards.

(1) The following minimum development standards shall apply to all wireless communications facilities in addition to any development standards or project review process which applies in the underlying zone/district in which a wireless communications facility is located. In the event of a conflict between the standards of this section and the general development standards of this title or project review process or of the wireless development standards of these regulations for a particular land use designation, the more stringent standards shall govern.

(a) Anti-Climbing Devices. All wireless communications support structures and required fencing shall be equipped with appropriate anti-climbing devices.

(b) Attachment to Trees Prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.

(c) Signage. All wireless communications support structures shall be identified with a nonilluminated sign not exceeding four square feet. The sign shall list the wireless service provider’s name, emergency telephone number, and Tulalip Tribes permit number and shall be posted in a place visible to the public. No advertising signs shall be located on support structures or antennas; however, antennas may be camouflaged as otherwise permitted signs.

(d) Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA.

(e) Painting. Wireless communications facilities shall be painted or finished in a manner which blends with the dominant color of the background except where otherwise required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.

(f) Noise From Accessory Equipment. Facilities shall comply with performance standards of the land use development regulations of the Tulalip Tribes Planning Department. Generators may only be permitted for emergency operation purposes. If air conditioning or other noise-generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. The Planning Department may require noise attenuation devices or other mitigation measures to minimize impacts.

(g) General Design Standards.

(i) Attached antennas (excluding collocated antennas on existing WCF structures) and new support structures shall be designed or placed to blend with the predominant background or architectural features as seen from abutting residential uses, roadways or other public rights-of-way.

(ii) When located on buildings, panel antennas shall be placed closely against walls or parapets and not extend above the wall or parapet unless an alternative design is required to:

(A) Achieve better compatibility with the building design; or to

(B) Obtain antenna function.

(iii) Accessory equipment structures shall be placed underground or wholly enclosed in an existing structure or building or designed to blend into the architecture and landscaping of the surrounding buildings or structures.

(iv) When equipment boxes are placed at ground level, landscaping shall be used to screen them.

(v) Ground-mounted dishes shall be located outside of any required landscaped area and preferably located in service areas or other less visible locations. They shall be solidly screened to at least as high as the center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of the dish on sides adjacent to residential zones.

(vi) Roof-mounted dishes shall be solidly screened at least as high as the center of the dish. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening. They should be placed as close to the center of the roof as possible.

(vii) Antennas on utility poles shall be limited to whip antennas no more than two feet in length and no more than one per pole. No utility pole shall be extended in height to accommodate an antenna. No antennas shall be allowed on light standards.

(h) Setbacks Applicable. The following setback standards shall apply to wireless communications facilities:

(i) Accessory equipment structures shall comply with the setback requirements for main buildings in the underlying zone or district. Support structures attached to buildings or permanent structures shall comply with the setback requirements for main buildings in the underlying zone or district that are determined by the Planning Manager to be those applicable to a building of a height equal to that of the combined building/structure and antenna.

(ii) Freestanding wireless communications support structures located in any zone or district shall be set back from any property line and any residence by a distance no less than the equivalent of the height of the wireless communications support structure or the setback of the underlying use district, whichever is greater.

(iii) Setbacks for freestanding wireless communications support structures shall be measured from the ground-level base of the structure.

(iv) The setback in any district may be reduced at the sole and absolute discretion of the Executive Director subject to satisfaction of the special exception criteria in TTC 7.22.030(3), Special Exceptions.

(i) Landscaping Standards. Wireless communications facilities shall be subject to the following landscaping and screening standards:

(i) The perimeter of the wireless communications support structure and any guyed wires and anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge at least five feet high within five years of planting, and at least one row of evergreen trees or shrubs spaced not more than 10 feet apart nor less than six feet high when planted. These materials shall be installed on the outside of fences. In doing so, native vegetation shall be utilized at all times.

(ii) Landscape material should be selected and sited to produce a hardy and drought-resistant landscape area.

(iii) Maintenance of the landscaped area shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs that die must be replaced with healthy in-kind materials. Temporary irrigation shall be provided to help ensure survival during the plant establishment period.

(iv) The Planning Department may allow the use of any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. The Planning Department may waive the standards for those sides of the facility that will not be visible from public streets or adjoining properties.

(v) Existing native vegetation shall be preserved to the maximum extent practicable.

(vi) When landscaping installation is required, a maintenance bond, assignment of funds, or other financial guarantee acceptable to Tulalip Tribal government shall be provided in the amount of 50 percent of the value of the labor and materials. The guarantee shall be in effect for two years from the date of planting.

(j) General Height Standards. The following standards shall apply to wireless communications facilities:

(i) No new telecommunications facility shall exceed 120 feet in height. However, in the event of dense vegetation or other substantial built or natural obstacles to signal propagation, facilities can extend to a height of no more than 25 percent above the average tree canopy height within a 200-foot radius of the proposed facility.

(ii) The height of a wireless communications facility shall include the support structure and any attached antennas proposed at the time of application.

(iii) A lightning rod, not to exceed 10 feet in height, or FAA-required lighting shall not be included within the height limitations.

(iv) The height limitation exceptions of the development regulations of the Planning Department (dimensional and bulk standards) shall not apply to wireless communications support structures and antennas.

(v) The height of attached antennas may exceed the height limit of the underlying zone or district provided the height limits of this chapter shall apply.

(k) Parking. Each wireless communications support structure shall be provided with at least one adjacent parking space or more if needed to accommodate staff. All unstaffed facilities for antennas shall have access to parking for maintenance personnel; however, such parking may be shared or public parking at the discretion of the Planning Department. Staffed facilities shall require one parking space per staff under the standard provisions of the zone in which it is located.

(l) Performance Bond. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to the Tulalip Tribes in the amount of 150 percent of the estimated cost of removal as determined by the Planning Manager, but not less than $1,000. The bond is intended to cover the costs of removal of such facility at such time as the facility may be required to be removed.

(m) Building and Utility Permits. The applicant for a permit pursuant to these regulations shall apply for building and any other applicable permits and obtain these permits prior to installation.

(n) Conditional Use Permit. The installation of any support structure in QCV-C and QCV-LI will require that the applicant obtain a conditional use permit from the Planning Department prior to installation.

(2) Additional Standards for Attached Antennas in Residential Zones and Districts.

(a) Antennas shall not be attached to single-family dwellings, duplexes, or their accessory structures.

(b) The following antennas may be permitted through WCF permit:

(i) Collocation on an existing wireless communications support structure provided no more than 16 feet is added to the height of the facility.

(ii) Attachment to a nonresidential structure on a site not used exclusively for residential purposes provided the antenna does not extend more than 16 feet above the roof.

(iii) Ground-mounted dish antennas may be located on sites not used exclusively for residential purposes provided the antenna is not more than 15 feet in height above ground level nor more than 12 feet in diameter.

(c) Antennas on a site used exclusively for residential purposes require conditional use permit approval. The height limits in subsection (1)(j) of this section, General Height Standards, shall apply.

(3) Additional Standards for Attached Antennas in Commercial Zones and Districts.

(a) Antennas shall not be attached to single- family residences, duplexes or their accessory structures.

(b) Except in the commercial zone, antennas on sites used exclusively for residential purposes shall require a conditional use permit.

(d) Antennas attached to structures shall not extend more than 16 feet above the roof or parapet. Collocated antennas shall not extend more than 16 feet above the support structure.

(4) Additional Standards for Attached Antennas in Industrial, Agricultural, Recreation, and Resource Zones and Districts.

(a) Antennas shall not be attached to single-family residences and duplexes or their accessory structures.

(b) Attached antennas shall not extend more than 16 feet above the roof or parapet.

(d) Attached antennas, ground-mounted dishes and collocated antennas shall require a WCF permit. [Res. 2023-382].

7.22.030 Permit process and administration.

(1) Temporary Uses.

(a) Wireless communications facilities may be permitted as a temporary use with review by the Planning Manager or his or her designee to facilitate continuity in wireless communications service during repair or maintenance of existing wireless communications facilities or prior to completion of construction of new wireless communications facilities. Such temporary wireless communications facilities shall operate for not more than 60 days within a six-month period commencing when transmission from such facility begins. The wireless communications facilities shall be removed within 90 days after the facility is no longer needed for telecommunications purposes.

(2) Wireless Communications Facility Permit.

(a) A wireless communications facility application shall follow the procedures in subsection (4) of this section, Application Requirements and Conditions of Issuance. If a conditional use permit is required, the application shall follow the procedures in this title and Planning Departmental regulations for a conditional use. If a planned development approval is required, the application shall follow the procedures in this title regarding planned developments.

(3) Special Exceptions.

(a) When adherence to all development standards of this section would result in a physical barrier which would block signal reception or transmission or prevent effective communication in all permissible locations, a special exception may be permitted provided criteria outlined below are met. Exceptions do not apply to variations from the Uniform Building Code. A variance pursuant to TTC 7.06.070, Variance permit procedures, is required for variations from applicable zoning regulations not described in this section.

(b) The approval authority for granting of the special exception shall be the same as that of the permit approving the antenna location. A request for a special exception shall be processed in conjunction with the permit approving the antenna location.

(c) Upon review of special exception requests, the approval authority shall consider first those standards having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the surrounding environment. The approval authority shall review setback, size, screening requirements, and height limits.

(d) Special Exception Criteria.

(i) The applicant shall justify the request for a special exception by demonstrating that the obstruction or inability to receive a communication signal is the result of factors beyond the property owner’s or applicant’s control. Pictures, scaled drawings, maps and/or manufacturer’s specifications, and other technical information, as necessary, should be provided to demonstrate to the Planning Department that the special exception is necessary.

(ii) The applicant for a special exception shall demonstrate that the proposed materials, shape, and color of the antenna will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible. The use of certain materials, shapes and colors may be required to minimize visual impacts.

(iii) Attached antennas requesting a special exception for height shall be reviewed through the same process as a support structure in the zone in which the antenna is located.

(iv) Requests for special exceptions for setback reductions shall also be evaluated based on the following criteria:

(A) The extent to which screening and camouflaging will be employed to mitigate the effects of the structure versus the value of the setback in providing such screening.

(B) The need for the setback reduction to facilitate a location or design that better satisfies the criteria of this chapter.

(D) Location in a street right-of-way.

(4) Application Requirements and Conditions of Issuance. Applicants shall submit the following information in addition to standard application materials:

(a) A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses on the site, adjacent roadways, proposed means of access, parking, existing and proposed landscaping and setbacks from property lines.

(b) Elevation drawings of the proposed tower, the equipment structure, existing structure with proposed antenna, fencing, buffering/screening, type of architectural treatment, and any other feature necessary to show compliance with the applicable standards.

(c) Photo-simulations of the proposed facility from adjacent residential properties, public properties and public rights-of-way.

(d) Legal description and ownership of the parcel.

(e) A valid agreement for collocation on an existing WCF support structure or on an existing building or structure; or a location evaluation study.

(f) Location Evaluation Study. For new freestanding support structures, a location evaluation study shall be provided to show that the structure is required for present and future network coverage, and to show why the antennas could not be collocated on an existing structure. In residential zones, the applicant shall provide adequate proof that the facility could not be located in a nonresidential zone.

(g) The applicant shall submit a letter of credit, performance bond or other security acceptable to Tulalip Tribal government to cover the future costs of removal of the antenna and/or tower.

(h) A report from a licensed professional engineer documenting that the support structure is designed for collocation of other antennas, if applicable.

(i) Proof of license by the FCC, if applicable.

(j) A copy of the findings from the FAA’s Aeronautical Study Determination regarding the proposed wireless communications support structure.

(k) A declaration under penalty of perjury or sworn statement by the applicant:

(i) That the antenna usage will not interfere with other adjacent or neighboring transmission or reception communications signals.

(ii) That any tower will comply with all applicable Federal and Tulalip Tribal government laws, including specifically FCC and FAA regulations and the Tulalip Tribal Codes.

(l) If a leased site, a lease agreement which specifies or shows that it does not preclude the site owner from entering into leases on the site with other providers.

(5) General Criteria for Issuance of Permits.

(a) Any applicant for a land use permit (other than a building permit) proposing to install an antenna support structure or mount an antenna on an existing structure shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant’s local grid system. The Planning Department may require the applicant to provide feasibility studies which demonstrate that locations on existing structures and/or in higher priority locations have been explored and are not feasible or available.

(b) In addition to standard criteria, the authority granting the permit shall find that:

(i) The facility is to be collocated with an existing wireless communications facility; or

(ii) The facility is to be located on an existing building or structure; or

(iii) All reasonable measures to collocate the facility or to locate the facility to an existing building or structure have been considered by the applicant and are not feasible.

(c) When antennas are proposed to be located in areas with special “view” considerations, the Planning Department must find that installation design will minimize impacts on views from adjacent residential properties, public properties and public rights-of-way.

(d) The permit may include requirements which:

(i) Minimize visual impacts to the greatest extent possible by maximum feasible use of camouflage or screening, including but not limited to fencing, landscaping, strategic placement adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory equipment structures, incorporation of wireless communications support structures, antennas and other appurtenances into the architectural features of existing buildings or structures and by requiring compatibility with key design elements in the surrounding area; for example: use of brick or other material similar to that used in adjacent buildings or structures; incorporation of support structures into compatible architectural features such as flag poles, bell towers or cornices; or use of simulated vegetation to camouflage support structures.

(ii) Locate wireless communications facilities so as to minimize the visibility of the facility to residentially zoned land and so as to minimize the obstruction of scenic views from residentially zoned land.

(iii) Require the mounting of the facility on existing buildings or structures, or use of other alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a monopole or lattice tower.

(6) Removal of Antennas and Support Structures. No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the Planning Manager by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. The owner of the facility shall then apply for a demolition permit from the Planning Department to remove the antenna within 90 days of discontinuation or abandonment unless an additional period of time is authorized by the Tulalip Tribal government. In any case, if the Tulalip Tribal government finds that any antenna or wireless communications support structure has not operated for a continuous period of six months, the owner or lessee of the property on which the wireless communications support structure or antenna is situated, or the owner of the wireless communications antenna or support structure shall remove the facility within 90 days of receipt of notice to remove from the Tulalip Tribal government. If the antenna and/or wireless communications support structure is not removed within said time period, the Tulalip Tribal government may remove the antenna or wireless communications support structure at the owner’s expense. If there are two or more wireless communications providers on a single wireless communications support structure, this provision shall not become effective until all providers cease using the wireless communications support structure. [Res. 2023-382].