Chapter 17.16
WIRELESS COMMUNICATION FACILITIES
Sections:
17.16.030 General requirements.
17.16.010 Purpose and intent.
These standards were developed to protect the public health, safety, and welfare, and minimize visual impacts on residential areas, while furthering the development of wireless communication services. These standards were designed to comply with the Telecommunication Act of 1996, and as amended. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless communication services. [Ord. 21-20 § 5, 2020; Ord. 14-19 § 1 (Exh. A), 2019].
17.16.020 Applicability.
The city of West Richland desires to accommodate the increasing communication needs of its residents, businesses, and visitors, while protecting the public health, safety and general welfare as well as visual and aesthetic considerations.
A. All wireless communication facilities (WCFs) located within the city, whether upon private, public, or city-owned lands, shall be subject to the following:
1. No WCF shall be constructed or operated within the city until all necessary approvals and permits have been secured;
2. An application for a WCF shall include both the licensed carrier and the landowner of the subject property;
3. A building permit application approval shall be required for the construction and operation of all WCFs;
4. If co-location is not feasible, the applicant shall demonstrate that such locations or concealment technology designs are unworkable for the carrier’s coverage plan;
5. If concealment technology is not feasible, the applicant shall demonstrate that such locations or concealment technology designs are unworkable for the carrier’s coverage plan;
6. All approvals for a WCF shall become null, void, and nonrenewable if the facility is not constructed and placed into service within two years of the date of final approval from the city, or superseding administrative or court decision, unless otherwise authorized via permit approval from the governing body;
7. The applicant, co-applicant, or tenant shall notify the community development director of all changes in applicant and/or co-applicants or tenants of a previously permitted WCF permitted under this section within 90 days of the change. Failure to provide appropriate notice shall constitute a violation of the original permit approval;
8. All WCFs must comply with all applicable city regulations and the permit conditions authorizing the WCF;
9. Speculation towers are not permitted;
10. The review authority may require a third-party verification of the analysis provided by the applicant at the applicant’s expense. [Ord. 21-20 § 5, 2020; Ord. 14-19 § 1 (Exh. A), 2019].
17.16.030 General requirements.
A. Application Submittal Requirements.
1. Applications for co-location on an existing WCF are subject to a Type I review process pursuant to the procedures and decided by the review authority as established in WRMC 14.01.030. The application must include:
a. An accurate and to-scale site plan showing the location of the tower, guy anchors (if any), antennas, equipment cabinet and other uses accessory to the communication tower or antenna;
b. Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards set forth by the Federal Communication Commission as outlined in “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance” or a subsequent FCC publication delineating required radio frequency performance standards;
c. Plans showing the connection to utilities/right-of-way cuts, ownership of utilities and associated easements required;
d. Documents demonstrating that any necessary easements have been obtained;
e. A notarized signature of the property owner(s) on the application form, or a notarized statement from the property owner(s), granting authorization to proceed with building permit and land use processes;
f. Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in Chapter 9.38 WRMC;
g. A map of the city showing the approximate geographic limits of the “cell” to be created by the facility. This map shall include the same information for all other facilities owned or operated by the applicant within the city, or extending within the city from a distant location, and any existing detached WCF of another provider within a one-mile radius of the proposed site;
h. If the WCF is located within 500 feet of the State Route 224 or State Route 225 corridor, or if interference with state communications facilities is anticipated as determined by the city or the Washington State Department of Transportation (WSDOT), then the applicant must:
i. Provide WSDOT with new installation contact information; and
ii. If required by either the city or WSDOT, conduct cooperative testing with WSDOT to determine if there are any interference problems and provide mitigation measures as necessary;
i. If the WCF is located within 500 feet of an existing WCF, or if interference with an existing WCF is anticipated as determined by the city or existing WCF owner, then the applicant must conduct cooperative testing with the city and/or existing WCF owner to determine if there are any interference problems and provide mitigation measures as necessary;
j. Documentation demonstrating that the Federal Aviation Administration (FAA) and WSDOT Aviation have reviewed and approved the proposal, or determining that such review and approval is not required;
k. A certificate from a title insurance company, issued no more than 30 days prior to application, showing ownership of the property involved; and
l. Applications shall be accompanied by a fee to defray the administrative expenses incurred by the city and for costs of review and inspection by the community development director, public works director and other city employees. Said fee shall be in accordance with the city of West Richland adopted fee schedule.
2. Applications for new WCF towers require conditional use permits and are subject to a Type III review process pursuant to the procedures and decided by the review authority as established in WRMC 14.01.030, and are subject to environmental review under SEPA. Applications must include:
a. An accurate and to-scale site plan showing the location of the tower, guy anchors (if any), antennas, equipment cabinet and other uses accessory to the communication tower or antenna. The site plan shall include a description of the proposed tower, including use of concealment technology if applicable;
b. A visual study containing, at a minimum, a graphic simulation showing the appearance of the proposed tower antennas and ancillary facilities from at least five points within a one-mile radius. Such points shall include views from public places including but not limited to parks, rights-of-way, and waterways chosen by the community development department at a preapplication conference under WRMC 14.02.010, or any amendments thereto, to ensure that various potential views are represented;
c. The distance from the nearest WCF and nearest potential co-location site;
d. If the WCF is located within 500 feet of the State Route 224 or State Route 225 corridor, or if interference with state communications facilities is anticipated as determined by the city or the Washington State Department of Transportation (WSDOT), then the applicant must:
i. Provide WSDOT with new installation contact information; and
ii. If required by either the city or WSDOT, conduct cooperative testing with WSDOT to determine if there are any interference problems and provide mitigation measures as necessary;
e. If the WCF is located within 500 feet of an existing WCF, or if interference with existing WCF is anticipated as determined by the city or existing WCF owner, then the applicant must conduct cooperative testing with the city and/or existing WCF owner to determine if there are any interference problems and provide mitigation measures as necessary;
f. A report/analysis from a Washington State licensed professional engineer documenting the following:
i. The reason(s) why co-location on an existing WCF is not feasible;
ii. How the application meets the requirements of subsections (B)(2) and (3) of this section;
iii. The reason why the WCF must be constructed at the proposed height;
iv. Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design such as, but not limited to, the potential employment of concealment technology;
v. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated;
vi. Evidence of structural integrity of the tower structure as required by the building official under WRMC Title 15, or any amendments thereto;
vii. Failure characteristics of the tower; and
viii. Ice hazards and mitigation measures which can be employed;
g. Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards set forth by the Federal Communications Commission as outlined in “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance” or a subsequent FCC publication delineating required radio frequency performance standards;
h. A signed agreement stating that the applicant will allow co-location with other users, provided all safety, structural, and technological requirements are met. This agreement shall also state that all future owners or operators will allow co-location on the tower;
i. A statement documenting any binding commitment to lease or option to lease an antenna mount upon the proposed tower by a service provider;
j. A landscape plan drawn to scale showing the proposed and existing landscaping, including type, spacing, and size;
k. Plans showing the connection to utilities/right-of-way cuts required, ownership of utilities and easements required;
l. Documents demonstrating that any necessary easements have been obtained;
m. Plans showing how vehicle access will be provided and maintained;
n. Signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use processes;
o. Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in subsection (B)(2) of this section;
p. A map of the city showing the approximate geographic limits of the “cell” to be created by the facility. This map shall include the same information for all other facilities owned or operated by the applicant within the city, or extending within the county from a distant location, and any existing detached WCF of another provider within five miles of the proposed site;
q. Documentation demonstrating that the FAA and WDOT Aviation have reviewed and approved the proposal, or determined that such review and approval is not required;
r. Full response to approval criteria in subsection B of this section, and WRMC 17.66.030, as applicable; and
s. SEPA checklist.
B. Approval Criteria. To be approved, all applications for a wireless communication facility (WCF), including applications for new towers and for co-location, shall demonstrate compliance with the following:
1. The applicant shall comply with all applicable FCC RF emissions standards (FCC guidelines);
2. Noise levels shall not exceed five dBA above ambient levels or 55 dBA sound pressure level (SPL), whichever is greater, on adjacent properties. No testing of backup power generators shall occur between the hours of 8:00 p.m. and 8:00 a.m.;
3. All wireless communication facilities shall be sited so as to minimize the effect on environmental resources. The facility shall comply with WRMC Title 18, Environmental Protection, or any amendments thereto;
4. A new tower shall make available space for co-location of other telecommunication facilities, including space for those providing similar and/or competing services;
5. A proposal for a new WCF shall not be approved unless the review authority finds that the wireless communication equipment for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one or more of the following four reasons:
a. The wireless communications equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a Washington State licensed professional engineer, and the existing or approved tower/structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment;
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or structure as documented by a Washington State licensed professional engineer and the interference cannot be prevented;
c. Existing or approved towers and structures within the applicant’s search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a Washington State licensed professional engineer; and
d. The radio frequency coverage objective cannot be adequately met;
6. All WCFs shall be designed to promote facility co-location and site sharing;
7. Existing sites for potential co-location may include but are not limited to buildings, water towers, existing WCFs and towers, and related facilities; provided, that such installation preserves the character and integrity of those sites;
8. No commercial WCF operating at an effective radiated power (ERP) of more than seven watts shall be located on any residential structure, including accessory buildings;
9. If co-location is not feasible, the preferred order for locating new WCFs shall be based on the following zoning districts ((a) is most preferred, (f) is least preferred):
a. Light industrial (LI);
b. Commercial light industrial (C-LI);
c. Urban transition (UT);
d. Commercial general (C-G);
e. Commercial limited (C-L);
f. Neighborhood commercial (C-N).
The review authority shall not allow a new WCF to be sited unless the applicant demonstrates with clear and convincing evidence that the applicant’s objectives cannot be met by placing the project in an area with a higher preference;
10. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least three co-location facilities if the tower is over 100 feet in height or for at least two co-location facilities if the tower is between 60 and 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights;
11. The review authority may require third-party verification of the analysis provided by the applicant at the applicant’s expense;
12. Height. Wireless communications facilities shall comply with the following requirements:
a. WCFs shall not be sited and erected such that the height of the structure would require strobe lighting by the FAA;
b. Ground-mounted WCFs in the following areas shall not exceed the following height restrictions:
i. Light industrial (LI): 150 feet;
ii. Commercial light industrial (C-LI): 100 feet;
iii. Urban transition (UT): 150 feet;
iv. Commercial general (C-G): 80 feet;
v. Commercial limited (C-L): 80 feet;
vi. Neighborhood commercial (C-N): 80 feet;
13. Buffer from Residential Areas. Each new WCF must be at least 300 feet away from any city of West Richland residential zones (RL-40, RL-20, RM-10, RM-6, D-MU, MR, and MH-P);
14. Setback/Yard Requirements. All ground-mounted towers shall be set back at least 25 feet from any property line. Setback requirements shall be measured from the outside edge of a WCF;
15. The review authority may increase or decrease the setback requirements in this subsection if clear and convincing evidence is presented which shows that placing the proposed WCF/accessory structure(s) in another location on the property would make the proposal more visually compatible;
16. The review authority may waive the setback requirements in this subsection if clear and convincing evidence is presented which shows that placing the proposed WCF/accessory structure(s) within a setback area would make the proposal more visually compatible;
17. All buildings, poles, towers, antenna supports, antennas, and other components of each wireless communications site shall initially be colored with flat, muted tones. The color selected shall be one that in the opinion of the review authority minimizes visibility of the WCF to the greatest extent feasible. Wireless communications storage facilities (i.e., vaults, equipment rooms, utilities, and equipment cabinets or enclosures) shall be constructed of nonreflective materials (exterior surfaces only). The placement of equipment in underground vaults is encouraged;
18. Wireless communications storage facilities shall be no taller than 12 feet in height and shall be treated to look like a building or facility typically found in the area;
19. A sight-obscuring fence shall be installed and maintained around the perimeter of the lease area of a ground-mounted facility. The sight-obscuring fence shall surround the tower and the equipment shelter;
20. Exterior building lighting shall follow the requirements of Chapter 17.55 WRMC, Outdoor Lighting Standards;
21. Signs. A 24-hour local emergency contact shall be posted on the site. The use of any portion of a tower for signs other than emergency contact, warning or equipment information is prohibited; and
22. The review criteria included in WRMC 17.66.030 shall apply for applications that require a CUP.
C. Abandonment.
1. At such time that a carrier plans to abandon or discontinue, or is required to discontinue, the operation of a WCF, such carrier will notify the community development department in writing of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations;
2. In the event that a carrier fails to give such notice, the WCF shall be considered abandoned if the antenna or tower is not operated for a continuous period of 12 months, unless the owner of said tower provides proof of continued maintenance on a quarterly basis;
3. Upon abandonment or discontinuation of use, the person who constructed the facility, the person who operated the facility, the carrier, or the property owner shall physically remove the WCF within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
a. Removal of the antenna(s), mounts, equipment cabinets, security barriers, and foundations down to three feet below ground surface;
b. Transportation of the antenna(s), mount, equipment cabinets, and security barriers to an appropriate disposal site;
c. Restoring the site of the WCF to its preconstruction condition, except any remaining landscaping and grading. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition;
4. If a party fails to remove a WCF in accordance with this subsection C, the city shall have the authority to enter the subject property and physically remove the facility. Costs for the removal of the WCF shall be charged to the landowner of record in the event the city must remove the facility; and
5. If there are two or more carriers/operators of a single tower, then provisions of this subsection C shall not become effective until all carriers/operators cease using the tower. [Ord. 21-20 § 5, 2020; Ord. 14-19 § 1 (Exh. A), 2019].
17.16.040 Exemptions.
The following uses and activities shall be exempt from the regulations contained in WRMC 17.16.030:
A. Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a significant change in visual impact or an increase in radio frequency emissions;
B. Ham radio, amateur sole source emitters, citizen band transmitters and accessory structures including antennas;
C. Two-way communication transmitters used on a temporary basis by 911 emergency services, including fire, police, and emergency aid or ambulance services, and the West Richland public works department;
D. Radio transceivers normally hand-held or installed in moving vehicles, such as automobiles, trucks, watercraft, or aircraft. This includes cellular phones;
E. Military and civilian radar, operating within the regulated frequency ranges, for the purpose of defense or aircraft safety;
F. Machines and equipment that are designed and marketed as consumer products such as TV satellite dishes, microwave ovens, and remote control toys; and
G. Two-way broadband antenna(s) smaller than one meter in any dimension operating at less than seven watts effective radiated power (ERP) for use by a dwelling unit occupant for personal use or home occupation. [Ord. 21-20 § 5, 2020; Ord. 14-19 § 1 (Exh. A), 2019].
17.16.050 Screening.
A landscape plan shall be submitted indicating all existing vegetation, landscaping that is to be retained within the leased area on the site, and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land and public view areas. The perimeter of the site shall be maintained as a sight screen in the following manner:
A. If within 200 feet of an available water system, the sight screen shall consist of trees, shrubs, and landscaping that are large and mature enough to provide a solid screen within two years from the time they are planted.
B. If not within 200 feet of an available water system, the sight screen shall be a minimum eight-foot-high fence.
C. When determined necessary by the reviewing official due to noise impacts, a solid block wall or other sound mitigating feature(s) of a height necessary to mitigate the noise impacts may be required. [Ord. 21-20 § 5, 2020; Ord. 14-19 § 1 (Exh. A), 2019].