Chapter 14.46
WIRELESS COMMUNICATION FACILITIES
Sections:
14.46.060 Site selection criteria.
14.46.070 Priority of locations.
14.46.080 Development standards.
14.46.100 Temporary wireless communication facilities.
14.46.130 EMF standards and interference.
14.46.140 Removal of facility.
14.46.160 Revocation of permit.
14.46.180 Effective date--Repealer--Revival of moratorium.
14.46.010 Purpose.
A. To provide appropriate standards and review processes for decisions regulating the siting and development of wireless communications facilities. In reviewing any application to provide wireless communications services or to install wireless communications facilities, the town shall act within a reasonable period of time, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The town shall approve, approve with condition, or deny the application in accordance with the time frames set forth in Title 14A of the Woodway Municipal Code (WMC) and in accordance with other applicable ordinances.
B. The purpose of this chapter is to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced wireless communications services in the town in a manner which is consistent with and implements the Federal Telecommunications Act of 1996, RCW 80.36.375, and ESSB 6676. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless communications services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless communications services. (Ord. 00-395 § 1, 2000)
14.46.020 Policy statement.
The goals of this chapter are to: (i) enhance the ability of wireless service providers to provide such services throughout the town quickly, effectively, and efficiently; (ii) encourage wireless service providers to co-locate on new and existing sites; (iii) encourage wireless service providers to locate wireless communications facilities, to the greatest extent possible, in areas where the adverse impact on town residents is minimal; and (iv) encourage wireless communications service providers to design, construct and maintain wireless communications facilities in a way that minimizes significant adverse visual and environmental impacts.
Accordingly, the town council finds that the promulgation of this chapter is warranted and necessary:
A. To manage the location of wireless communications facilities in the town;
B. To protect residential areas and land uses from potential adverse impacts of wireless communications facilities;
C. To minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques;
D. To accommodate an increased need for wireless communications facilities to serve the wireless communications needs of town residents;
E. To promote and encourage co-location on existing and new sites as an option rather than construction of additional single-use sites, and to reduce the number of such structures needed in the future;
F. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of l996; and
G. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures. (Ord. 00-395 § 2, 2000)
14.46.030 Definitions.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them below:
"Abandoned wireless communication facility" means:
1. To cease operation for a period of sixty or more consecutive days;
2. To reduce the effective radiated power of an antenna by seventy-five percent for sixty or more consecutive days;
3. To relocate an antenna at a point less than eighty percent of the height of an antenna support structure; or
4. To reduce the number of transmissions from an antenna by seventy-five percent for sixty or more consecutive days.
"Antenna" means any exterior apparatus designed for telephonic, radio, data, internet, television, or similar wireless communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing wireless communications services.
"Antenna height" means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if such highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
"Antenna support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.
"Applicant" means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a wireless communications facility within the town.
"Camouflaged" means a wireless communications facility that is disguised, hidden, or integrated with an existing structure that is not a monopole or tower, or a wireless communications facility that is placed within an existing or proposed structure or, new structure, tower, or mount within trees so as to be significantly screened from view.
"Cell site" or "site" means a tract or parcel of land that contains wireless communications facilities and its attendant facilities, and may include other uses associated with and ancillary to providing wireless communications services.
"Co-location" means the use of a wireless communications facility or cell site by more than one wireless communications services provider.
"Cell-on-wheels" or "COW" means a mobile temporary wireless communications facility.
"Design" means the appearance of wireless communications facilities, including such features as their materials, colors, and shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning, backup power supplies, emergency generators, and similar mechanical equipment.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Commission.
"Governing authority" means the town council of the town of Woodway.
"Hearing examiner" means the duly appointed hearing examiner of the town of Woodway.
"Microcell" means a wireless communication facility consisting of an antenna that is either:
1. Four feet in height and with an area of not more than five hundred eighty square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
"Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is either:
1. Four feet in height and with an area of not more than five hundred eighty square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment enclosure that is six feet or less in height and no more than forty-eight square feet in floor area.
"Modification" means the changing of any portion of a wireless communications facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design.
"Mount" means the structure or surface upon which wireless communications facilities are mounted. There are two types of mounts, as follows:
1. Structure Mounted. A wireless communications facility fixed to a structure, including a building, light standard, or utility pole; or
2. Ground Mounted. A ground mounted wireless communications facility fixed to the ground, such as a tower.
"Provider" means a corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity or individual which provides wireless communications service via wireless communications facilities.
"Screening" means a wireless communications facility such as a tower or mount placed amongst and adjacent to (within twenty feet) three or more trees at least seventy-five percent of the height of the facility.
"Secondary use" means a use subordinate to the principle use of the property, such as commercial, residential, utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of protecting a wireless communications facility from unauthorized entry or trespass.
"Special property use permit" or "SPUP" means a process and approval as described in Chapter 14.48 and town of Woodway Ordinance 99-368.
"Support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.
"Temporary wireless communications facility" means a wireless communications facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses wireless communications facilities including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or wireless communications services towers, alternative tower structures, and similar structures.
"Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not need a FCC license.
"Wireless communications facilities," "WCF" and "facilities" means an unstaffed facility for the transmission and/or reception of radio or microwave signals used for commercial communications. WCFs shall not be considered utilities for the purpose of interpretation or application of this chapter or the WMC. WCFs may include one or more of the following components:
1. Antenna;
2. Support structure;
3. Equipment enclosure;
4. Reception and transmission devices;
5. Transmission cables;
6. Parking; and
7. Security barrier.
"Wireless communications services," means any of the radio communication services 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; unlicensed radio communications services, and radio communications services utilizing frequencies authorized by the Federal Communications Commission for other similar services. (Ord. 00-395 § 3, 2000)
14.46.040 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Wireless communication facilities used by federal, state or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes;
B. Radar systems for military and civilian communication and navigation;
C. Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of the Woodway Municipal Code;
D. Satellite dish antennas less than one meter in diameter, including direct-to-home satellite services, when used as a secondary use of the property; provided such antennas comply with all applicable provisions of the Woodway Municipal Code;
E. Wireless communication facilities that meet all of the following criteria:
1. The WCF is located on an existing structure in a public right-of-way, and
2. The WCF is less than fifteen inches in height, fifteen inches in length, and fifteen inches in depth, and
3. The WCF utilizes an antenna less than two feet in length, and
4. The WCF does not utilize any ground mounted electronic equipment, and
5. The WCF is within the scope of activities permitted under a valid franchise agreement between the wireless communications service provider and the town.
F. Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions or visual impacts of the antenna, tower or buildings; provided, that compliance with the standards of this chapter are maintained. (Ord. 00-395 § 4, 2000)
14.46.050 Applicability.
A. New Uses. All new wireless communication facilities shall comply with this chapter following its effective date.
B. Existing Uses. All wireless communication facilities existing on the date of passage of the ordinance codified in this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses to the extent that they do not conform to the standards set forth herein. Routine maintenance shall be permitted on existing towers and antennas. However, construction activities other than routine maintenance on existing towers, antennas, buildings or other facilities, including, but not limited to, structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings or other facilities, shall comply with the requirements of the ordinance codified in this chapter and all other applicable standards of this code. (Ord. 00-395 § 5, 2000)
14.46.060 Site selection criteria.
A. Any applicant proposing to construct a WCF support structure, or mount a WCF on an existing structure, shall demonstrate by engineering evidence that the WCF must be located at the site to satisfy its function in the applicant’s local network system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site’s function within the network system.
B. 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.
C. Location and design of facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone district. For all sites outside of public rights-of-way, towers shall be significantly screened by placing them in trees to the extent that it does not result in significant signal degradation. (Ord. 00-395 § 6, 2000)
14.46.070 Priority of locations.
The following locations shall be the required order of locations for proposed WCFs. In proposing a WCF in a particular location, the applicant shall analyze the feasibility of locating the proposed WCF in each of the higher priority locations and reasonably document why locating the WCF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for WCFs are as follows:
A. Existing Broadcast, Relay and Transmission Towers. A WCF may be located on an existing site or tower where a legal wireless telecommunication facility is currently located. If an existing site or tower is located within a one-mile radius of a proposed WCF location, the applicant shall reasonably document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the Town.
B. Existing Structures in Public Rights-of-way. A WCF may be located on existing structures in public rights-of-way. There shall be no more than one WCF located on an existing structure. Location of a WCF on an existing structure in a public right-of-way shall require a franchise and a right-of-way permit in addition to the approvals required under this chapter.
C. Public Property. With the consent of the jurisdiction or public agency that owns the proposed site, a WCF may be located on public property within all zoning districts, provided the public facilities are not located within public rights-of-way.
D. If the applicant demonstrates to the Town’s satisfaction that it is not technically possible to site in a prioritized location, the Town reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the Town. (Ord. 00-395 § 7, 2000)
14.46.080 Development standards.
A. Existing Broadcast, Relay and Transmission Towers. WCFs mounted on existing broadcast, relay, and transmission towers not located in a public right-of-way shall conform to the following development standards:
1. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider.
2. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section.
3. The WCF shall comply with all other applicable standards of this chapter and this code.
4. The combined antennas and supporting structure may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone. The antenna and supporting structure height may be increased only once per WCF site pursuant to this section.
5. An existing WCF may be modified or rebuilt to a taller height, not to exceed twenty feet over the tower’s existing height and subject to all other applicable provisions of this chapter, including by way of example and not limitation any applicable requirements or special property use and building permits. The height of an existing tower may be increased only once under this subsection.
6. The antennas are mounted on the structure 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 pursuant to subsection F of this section.
B. Existing Structures Within Public Rights-of-Way. WCFs located on existing structures in public rights-of-way shall conform to the following development standards:
1. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider.
2. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section.
3. The WCF shall comply with all other applicable standards of this chapter and this code.
4. The combined WCF antenna and support structure may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure.
5. The antennas shall be mounted on the structure such that they are located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to the applicable requirements of this chapter.
6. Required setbacks shall not pertain to WCFs within public rights-of-way. Equipment enclosures located underground on properties adjacent to the public right-of-way shall be exempt from setback requirements of the underlying zone. However, equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements of the underlying zone.
7. There shall be no more than one WCF located on an existing structure in a public right-of-way. Existing structures in public rights-of-way are not eligible for collocation of additional WCF equipment.
8. WCFs shall not be permitted on new structures in the public rights-of-way constructed exclusively for the purpose of locating a WCF. Existing structures in the public rights-of-way may be replaced for the purpose of locating a WCF if the replacement structure is placed in the same location as the original structure, the original structure is not sufficiently structurally sound for location of a WCF, and the replacement structure does not exceed the height of the original structure by more than fifteen feet.
9. If the existing structure in the public right-of-way upon which a WCF is located ceases to be used for any purpose other than the location of the WCF, the owner of the WCF shall assume full responsibility for the maintenance and safety of the structure upon which the WCF is located.
C. Public Property. WCFs located on publicly owned properties which are not public rights-of-way shall conform to the following standards:
1. Minimum Requirements. The placement of wireless communications facilities on public property must comply with the following requirements:
a. The facilities will not interfere with the purpose for which the public property is intended;
b. The facilities will have no significant adverse impact on surrounding private property;
c. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. If the site is Town-owned property, the Town shall establish fees after considering comparable rates in other cities, potential expenses, risks to the Town, and other appropriate factors;
d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the Town to cover the costs of removing the facilities;
e. The facilities will not interfere with the ability of other wireless communications services providers to utilize the site;
f. The lease shall provide that the applicant must agree that in the case of a declared emergency or documented threat to public health, safety or welfare, and following reasonable notice, the Town may require the applicant to remove the facilities at the applicant’s expense;
g. The applicant must reimburse the Town for any related costs which the Town incurs because of the presence of the applicant’s facilities;
h. The applicant must obtain all necessary land use approvals and permits; and
i. The applicant must cooperate with the Town’s objective to encourage co-locations and thus limit the number of cell sites requested, or camouflage the site.
2. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider.
3. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section.
4. The WCF shall comply with all other applicable standards of this chapter and this code.
5. WCFs located on public property shall conform to the height requirements of the underlying zone; provided, that for WCFs mounted on existing structures, the antenna and support structure may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone.
6. Antennas mounted on existing structures shall be architecturally compatible with the building and wall upon which they are mounted and shall be designed to minimize adverse visual impacts. Architectural compatibility may be achieved by camouflage, screening, painting, texturing, or other techniques. The proposed technique to achieve architectural compatibility shall be reviewed and approved by the Town.
7. Additional Requirements for Public Parks. The use of public parks for wireless communications facilities brings with it special concerns due to the unique nature and function of these sites. The placement of WCFs in public parks will be allowed only when the following additional requirements are met:
a. In no case shall WCFs be allowed to be located in designated environmentally critical areas unless they are located on existing structures.
b. In no case shall WCFs be allowed to be located in the Woodway Nature Park.
c. Before wireless communications facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use of the park.
d. Wireless communications facilities may be located in park maintenance facilities.
D. New Ground Mounted WCFs. These structures shall conform to the following site development standards:
1. Placement of a ground mounted WCF shall be denied if placement of the antennas on an existing structure can meet the applicant’s technical and network location requirements.
2. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider.
3. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section.
4. The WCF shall comply with all other applicable standards of this chapter and this code.
5. Monopoles shall be the only ground mounted structures allowed in the Town. Lattice towers or other ground mounted structures shall not be permitted.
6. In no case shall a ground mounted WCF be located closer than five hundred feet to an existing ground mounted WCF whether it is owned or utilized by the applicant or another wireless communications services provider.
7. New ground mounted WCFs or existing WCFs rebuilt to a taller height shall comply with the height limit of the underlying zone. Exceptions from the applicable height limit shall require approval under the special property use procedures as described in Chapters 2.56 and 14.50.
8. A ground mounted WCF, including the support structure and associated equipment enclosure, shall comply with all required setbacks of the zoning district in which it is located; provided, that equipment enclosures located underground shall be exempt from setback requirements.
9. Ground mounted WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, topography and structures so as to:
a. Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or
b. Use existing site features as a background so that the total WCF blends into the background with increased distance.
10. In reviewing the proposed placement of a WCF on the site and any associated landscaping, the town may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.
E. Height. All WCFs shall comply with the following height requirements:
1. The applicant shall demonstrate that the antenna and antenna support structure proposed in its application is the minimum height required to provide a reasonable coverage area within the town and that such coverage cannot be attained through co-location on existing towers or a combination of smaller facilities. No antenna or support structure that is taller than this minimum required height shall be permitted.
2. The combined antennas and supporting structure of the following types of WCFs may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone:
a. A WCF mounted on existing broadcast, relay and transmission towers not located in a public right-of-way. This additional height may occur only once per WCF site.
b. A WCF mounted on an existing structure on public property not located in a public right-of-way.
3. The combined antennas and supporting structure of a WCF mounted on existing structure located in a public right-of-way may extend up to, but not exceed, fifteen feet above the existing structure. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure.
4. All WCFs other than those identified above in subsections (E)(2) and (E)(3) shall comply with the height limit of the underlying zone. Exceptions from the applicable height requirement may be made under the special property use procedures as described in Chapter 14.48 and town of Woodway Ordinance 99-368.
F. Screening Standards. All WCFs shall be screened or camouflaged through employing the best available technology and design, as determined by the town. Examples of the best available technology and design, include, but are not limited to the following techniques: use of the smallest and lowest profile antennas within the technical requirements of the wireless provider; use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees, hollow flag poles, false chimneys; and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the screening and landscaping requirements of this chapter.
G. Color. Support structures, antennas and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the WCF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be reviewed and approved by the town.
H. Standards for Electronics Equipment Enclosures.
1. The following shall be the ranked priority list for the location of proposed equipment enclosures for WCFs. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosure in each of the higher priority locations and document, to the town’s satisfaction, why locating the equipment enclosure in each of the higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows:
a. Equipment enclosures placed underground.
b. Equipment enclosures placed in an existing completely enclosed building.
c. Equipment enclosures placed above ground in an enclosed cabinet or cabinets that do not exceed six feet in height and do not occupy more than forty-eight square feet of floor area, including areas for maintenance or future expansion.
d. Equipment enclosures placed above ground in a new completely enclosed building.
2. If above ground, equipment enclosures shall be screened with one or a combination of the following methods, which shall be acceptable to the town: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure to the greatest extent possible from any street and/or adjacent properties, as determined by the town. 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, as determined by the town. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the landscaping and security fencing requirements of this chapter.
3. Equipment enclosures located above ground shall meet all applicable setback requirements of the underlying zone. Equipment enclosures located underground shall be exempt from setback requirements of the underlying zone.
4. If the equipment cabinet is located within a new completely enclosed building, the building shall conform to all applicable development standards for the underlying zone. The completely enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site and in the vicinity.
I. Additional Standards for Equipment Enclosures for WCFs Located on Existing Structures Within Public Rights-of-Way.
1. The following shall be the required order of locations for proposed electronic equipment enclosures for WCFs located on existing structures within public rights-of-way. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosures in each of the higher priority locations and document, to the town’s satisfaction, why locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows:
a. Equipment enclosures mounted above grade on a structure in the public right-of-way in an enclosed cabinet. The size of the equipment enclosure shall be limited to that which can be structurally supported by the structure in the public right-of-way.
b. Equipment enclosures placed underground within the public right-of-way.
c. Equipment enclosures placed underground on an adjacent property outside of the public right-of-way.
d. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occupy more than 48 square feet of floor area, including areas for maintenance or future expansion.
e. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an existing completely enclosed building.
f. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in a new completely enclosed building.
g. Equipment enclosures placed above ground within the public right-of-way in an enclosed cabinet that does not exceed three feet in height and occupy more than eighteen square feet of floor area, including areas for maintenance or future expansion.
2. Equipment enclosures located underground on properties adjacent to the public right-of-way shall be exempt from setback requirements of the underlying zone.
3. Equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements of the underlying zone.
4. Equipment enclosures located above ground on properties adjacent to the public right-of-way shall be designed, located, landscaped and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties.
5. Equipment enclosures located above ground within the public right-of-way shall be designed, located, landscaped and screened to minimize adverse visual and functional impacts on the pedestrian environment. Examples include designing the equipment enclosure as street furniture, landscape planters, or other streetscape features.
6. Equipment enclosures, landscaping and screening shall not adversely impact vehicular sight distance.
7. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the landscaping and security fencing requirements of this chapter.
J. Landscaping. All WCFs shall be landscaped consistent with the following standards:
1. Landscaping, as described herein, shall be required to provide a solid visual screen of WCFs and blend the site into surrounding residential uses. The town may permit any combination of existing vegetation, topography, walls, decorative fences, and other features instead of landscaping, if they achieve the same degree of full visual screening and blending as the required landscaping. If the antenna is mounted flush on an existing building or on a structure within the public right-of-way, landscaping requirements may be modified or not required, as determined by the town. Equipment enclosures located underground or within a completely enclosed building shall be exempt from landscaping requirements.
2. The visual impacts of a WCF shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the antenna and antenna support structure, except that the town may modify or waive the standards that are not in public view. Landscaping shall be installed on the outside of fences. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute or supplement to landscaping requirements, as determined by the town.
3. Tree, shrub and groundcover spacing shall be appropriate for the species type, and consistent with the intent to provide a solid visual screen. WCF landscaping shall consist of the following:
a. Evergreen trees, shrubs and groundcover, which will provide a one hundred percent sight-obscuring screen within three years from the time of planting; or
b. A combination of approximately seventy-five percent evergreen and twenty-five percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a one hundred percent sight-obscuring decorative fence or other architectural feature.
4. In the event that landscaping is not maintained at the required level, the town may provide thirty days advance written notice of such violation to the owner of the WCF. The owner of the WCF shall be required to maintain or re-install the required landscaping, or be subject to the penalties described in Chapter 14.56.
K. Security Fencing. A well-constructed wall, or wooden fence between five and six feet in height from finished grade shall be provided around each WCF. Access to the WCF shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum five-foot-wide landscaping strip that includes a mixture of trees, shrubs and groundcover. Alternative methods of preventing access to WCFs may be approved by the town when: (1) walls or fences are impractical on a particular site; (2) when the equipment associated with the WCF is located underground or within a building; or (3) the equipment is mounted on a structure within a public right-of-way. Provided, however, that such alternative methods shall only be approved by the town when the applicant has demonstrated that the level of security provided protects the site from unauthorized entry and reduces the likelihood that the site will become an attractive nuisance or otherwise endanger the public health, safety or welfare. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the security fencing requirements of this chapter.
L. Lights, Signals and Signs. No lights, signals or signs shall be permitted on WCFs unless required by the FCC or the FAA.
M. Building Codes and Safety Standards. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable Town building codes, the National Electrical Code, and the applicable standards for WCFs that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the town concludes that a WCF 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 WCF, the owner shall have thirty days to bring the WCF into compliance with such standards. If the owner fails to bring its WCF into compliance within thirty days, the Town may remove the WCF at the owner’s expense.
N. Structural Design. WCFs shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing WCFs shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted for review concurrently with submittal of building permit applications.
O. Federal Requirements. All WCFs must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate WCFs and antennas. If those standards and regulations are changed, then wireless service providers governed by this chapter shall bring their WCFs and antennas into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring WCFs and antennas into compliance with the revised standards and regulations shall constitute grounds for the Town to remove a provider’s facilities at the provider’s expense. (Ord. 09-506 § 1(Exh. A(part)), 2009; Ord. 00-395 § 8, 2000)
14.46.090 Co-location.
A. A permittee shall cooperate with other wireless communications services providers in co-locating additional antenna on support structures and/or on existing buildings and sites; provided, said proposed co-locatees have received a permit for such use at said site from the Town. A permittee 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). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the town may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit.
B. A signed statement indicating that the applicant agrees to allow for the potential co-location of additional WCF equipment by other providers on the applicant’s structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future co-location is not possible on their site, they must submit a technical study documenting why.
C. Co-location requirements shall not apply to WCFs located on structures in public rights-of-way. There shall be no more than one WCF located on an existing structure in a public right-of-way. Existing structures in public rights-of-way are not eligible for co-location of additional WCF equipment. (Ord. 00-395 § 9, 2000)
14.46.100 Temporary wireless communication facilities.
As determined by the town, a temporary wireless service facility, or cell-on-wheels, may be deployed and operated as follows:
A. For a period of ninety days during the construction of a ground mounted WCF which has been approved through the appropriate permit process; provided, that the temporary wireless service facility or cell-on-wheels creates no more adverse impacts than the WCF which was approved through the appropriate permit process. Only one temporary wireless service facility or cell-on-wheels shall be permitted for a single site. Prior to installation of the temporary WCF for the ninety day period, the applicant shall provide the town with a cash bond in an amount to be determined by the town in order to guarantee performance of future removal and restoration of the site.
B. For a period of thirty days during an emergency declared by the town, state or federal government that has caused a ground mounted WCF which has been approved through the appropriate permit process to become involuntarily non-operational; provided, that the temporary wireless service facility or cell-on-wheels creates no more adverse impacts than the WCF which was approved through the appropriate permit process. (Ord. 00-395 § 10, 2000)
14.46.110 Permits required.
A. Permit Process.
1. In addition to all applicable land use approvals, building permits and electrical permits, all WCFs shall require an environmental threshold determination if the WCF proposal is not exempt from the provisions of the State Environmental Policy Act, as adopted by the town in Title 16, Environment, of this code.
2. Approval of the following types of WCFs shall require an administrative approval through the applicable provisions of the WMC:
a. A WCF that complies with the height limit of the underlying zone;
b. A WCF mounted on an existing broadcast, relay and transmission towers not located in a public right-of-way that is less than fifteen feet above the existing broadcast, relay and transmission tower; provided, this is the initial height addition to the WCF;
c. A WCF mounted on an existing structure on public property not located in a public right-of-way that is less than fifteen feet above the existing structure;
d. A WCF mounted on a structure located in a public right-of-way that is less than fifteen feet above the structure, plus the minimum necessary additional height to meet the safety clearances required by the operator of the structure.
3. Approval of all other types of WCFs shall follow special property use procedures as described in Chapter 14.48 and town of Woodway Ordinance 99-368.
B. Application Requirements.
1. Permanent WCFs. Permit applications made under this chapter for permanent WCFs shall include the following minimum information in addition to that required for the underlying permit review process:
a. Photosimulations of the proposed facility from residential properties and public rights-of-way from which the proposed WCF would be visible;
b. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility;
c. A signed statement indicating that: (i) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional wireless communications facilities by other providers on the applicant’s structure or within the same site location; and (ii) the applicant and/or landlord agree to remove the facility within sixty days after abandonment;
d. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
e. A site plan clearly indicating the location, type and height of the proposed tower and antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;
f. A current map and inventory showing the location of the proposed tower, a map showing the locations and service areas of other wireless communications facilities operated by the applicant and those proposed by the applicant within a one mile radius of the proposed WCF location. The inventory of other WCF sites shall include specific information about location, height, and design of each facility;
g. Legal description of the parcel;
h. The approximate distance between the proposed tower and the nearest residential structure and school use;
i. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
j. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations;
k. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users;
l. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
m. Documentation that the wireless communications services provider is licensed by the FCC, if required to be licensed under FCC regulations;
n. The applicant, if not the wireless communications services provider, shall submit proof of lease agreements with an FCC licensed wireless communications services provider if such wireless communications services provider is required to be licensed by the FCC;
o. If the WCF equipment enclosure is proposed to be located above ground, regardless of the proposed location, whether on private or public property or within public right-of-way, an explanation of why it is impracticable to locate the cabinet underground;
p. If the WCF is located on an existing structure in a public right-of-way and the WCF equipment enclosure is located on an adjacent property, evidence that the owner of the adjacent property has consented to the proposed location of the equipment enclosure;
q. All fees as required by the town consistent with the land use and building permit fee schedule;
r. Other information as deemed necessary by the town to process the application consistent with the requirements of this chapter and this code.
2. Temporary WCFs. Permit applications for temporary wireless communication facilities shall include the following minimum information:
a. Documentation of previously permitted facility;
b. Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility;
c. Photographs of the proposed facility.
(Ord. 00-395 § 11, 2000)
14.46.120 Third party review.
Wireless communications providers use various methodologies and analyses, including geographically-based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, conformance with FCC requirements, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The town may require a technical review as part of a permitting process. The costs of the technical review shall be borne by the provider.
The selection of the third party expert shall be by mutual agreement between the provider and the town. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the providers’ methodology and analyses. The expert review is not intended to be a subjective review of the site which was selected by a provider. Based on the results of the expert review, the town may require changes to the provider’s application to meet the standards of this chapter. The expert review shall include, but not be limited to, the following:
A. The accuracy and completeness of submissions;
B. The applicability of analysis techniques and methodologies;
C. The validity of conclusions reached; and
D. Any specific technical issues designated by the town. (Ord. 00-395 § 12, 2000)
14.46.130 EMF standards and interference.
A. The applicant shall comply with all applicable federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions of the WCF, compare the results with established federal standards, and provide a statement that the EMF emissions of the WCF are within established federal standards. The report shall be subject to review and approval of the town for consistency with the project proposal report and the adopted federal standards. If on review, the town finds that the WCF does not meet federal standards, the town may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. Failure to bring WCFs into compliance with the federal standards and regulations shall constitute grounds for the town to remove a provider’s facilities at the provider’s expense.
B. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. If on review of a registered complaint the town finds that the WCF interferes with such reception, the town may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. Failure to resolve the interference of the WCF shall constitute grounds for the town to remove a provider’s facilities at the provider’s expense. (Ord. 00-395 § 13, 2000)
14.46.140 Removal of facility.
A. Abandonment and Removal. The owner or operator of a WCF shall provide the town with a copy of any notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a WCF shall notify the town in writing of the abandonment of a particular facility within thirty days of the date the WCF is abandoned. The abandoned WCF shall be removed by the facility owner within ninety days of the date the WCF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the town. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual impacts. A demolition permit may be required for removal of the WCF. If there are two or more users of a single tower, then the town’s right to remove the tower shall not become effective until all users abandon the tower.
B. Partial Abandonment and Removal. If the abandoned antennas on any WCF are removed or relocated to a point where the top twenty percent or more of the height of the supporting structure is no longer in use, the WCF shall be considered partially abandoned. The owner or operator of any partially abandoned WCF shall notify the town in writing of the partial abandonment of a particular facility within thirty days of the date the WCF is partially abandoned. The owner of the WCF shall have one hundred twenty days from the date of partial abandonment to co-locate another service on the WCF. If another service provider is not added to the WCF within the allowed one hundred twenty day co-location period, the owner shall dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted within two hundred ten days of partial abandonment. A demolition permit may be required for partial removal of the WCF.
C. Removal and Lien. If the provider fails to remove the abandoned or partially abandoned facility upon ninety days of its abandonment or two hundred ten days of its partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. If the property owner fails to remove the facility within thirty days of notification by the town, the town or its agent may enter upon the subject property and cause the facility to be removed at the property owner’s expense. The town shall then send to the property owner a verified statement of the cost of expenses. The property owner shall be liable for the payment of such costs and expenses. In the event the property owner fails to pay the costs and expenses, the town may file a lien against the property owner’s real property in the amount of such costs and expenses and record such lien with the Snohomish County records office. (Ord. 00-395 § 14, 2000)
14.46.150 Permit limitations.
A. A permit for a WCF shall expire ten years after the effective date of the permit approval, unless earlier revoked by the town. A permittee wishing to continue the use of a specific WCF at the end of the ten-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application shall comply with all applicable laws and regulations dictating new permit issuance. In ruling on said renewal the town shall consider all then existing regulations effecting the application that are appropriate to the technology and use.
B. An approved land use permit for a WCF shall be valid for one year from the date of the town’s land use approval, with opportunity for a one-year extension. If a building permit application is not received within one year of the date of the town’s land use approval, or within the extension period, the land use approval shall become null and void. (Ord. 00-395 § 15, 2000)
14.46.160 Revocation of permit.
Consistent with this code’s provisions for revocation of permits, a permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons:
A. Failure to comply with any federal, state or local laws or regulations;
B. Failure to comply with any of the terms and conditions imposed by the town on the issuance of a permit;
C. When the permit was procured by fraud, false representation, or omission of material facts;
D. Failure to cooperate with other WCF providers in co-location efforts as required by this chapter;
E. Failure to comply with federal standards for EMF emissions; or
F. Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. (Ord. 00-395 § 16, 2000)
14.46.170 Severability.
The provisions of the ordinance codified in this chapter are declared separate and severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision, section, or portion of the ordinance codified in this chapter or the invalidity of the application thereof to any person or circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. (Ord. 00-395 § 17, 2000)
14.46.180 Effective date--Repealer--Revival of moratorium.
The ordinance codified in this chapter shall take effect and be in force five days after its passage, approval and publication, as provided by law. Upon the effective date of this chapter, the moratorium upon the acceptance of land use permit applications for wireless communications facilities established in Ordinance No. 00-399 is repealed; provided, however, that if this chapter or any section or clause contained in this chapter is held to be unconstitutional or void for any reason, the moratorium established in Ordinance No. 00-399 shall be immediately reinstated for a period of six months to allow the town to formulate and pass new regulations. (Ord. 00-395 § 18, 2000)