Loading...
HomeMy WebLinkAboutEx 1 DCD Staff Report and Exhibit LogEXHIBIT LO G Horizon 150 foot high monopole for wireless communication facilities Zoning CUP ZON 2025-00011 Public Hearing June 16, 2026 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Exhibit 21 Exhibit 22 Staff Report dated June 2, 2026 Application date July 31, 2025 Applicant's response to JCC 18.42 & CUP Criteria dated July 30, 2025 SEPA Checklist dated July 29, 2025 Site Plans, Elevations, and Photo Simulations dated May 22, 2025 Mats Mats Radio Frequency (RF) Documentation received July 31, 2025 Priority Habitat Species Map dated July 29, 2025 RF Design Analysis showing existing Cell sites and existing & proposed coverage received July 31, 2025 Applicant's response to comments received from public dated 4/17 /26 Alternate Site Analysis received April 17, 2026 Notice of Application and preliminary determination of a DNS dated November 5, 2025 Notice of Public Hearing dated May 13, 2026 Final DNS dated May 13, 2026, SEPA Memo dated May 12, 2026, and Environmental Checklist County GIS Maps Parcel Info for county website Sample of Zoning CUP (ZON06-00061) for 150 foot tower for wireless communication facilities with the H.E. decision dated May 25, 2007. This included the DCD staff report dated April 23, 2007. A DNS was issued for the proposal. Comments received from November 2025 to March 1, 2026 Comments received from March 1, 2026 to March 31, 2026 Comment received from April 1, 2026 to April 30, 2026 Comments received from May 1, 2026 to June 2, 2026 E-mail for the Jefferson County Assessor's office dated May 21, 2026 Appeal of the SEPA Threshold Determination received May 26, 2026 JE F F E R S O N C O U N T Y DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 I email: planning@co.jefferson.wa.us https://www.co.jefferson.wa.us/260/Community-Development LOG ITEM # Page __ of Staff Report to the Hearing Examiner Conditional Use Permit Application No. ZON2025-00011 To construct a 150 foot high monopole for Wireless Communication Facilities June 2, 2026 Prepared by Jefferson County Department of Community Development (DCD), Planning Division A. PROJECT INFORMATION: FINDINGS Landowner: Norman Moran 41 Fleet Drive Port Ludlow, WA 98365 Applicant: Bill North The North Group, Inc. 117 Town & Country Drive, Suite A Danville, CA 94526 1. Proposal: Horizon Tower in conjunction with Verizon Wireless is proposing a new Wireless Communication Facility (WCF). The applicant refers to this site as the Mats Mats Bay Site. The proposal is to construct a new 150' monopole tower with attached antennas within a 50'x50' fenced area along with ground mounted equipment and generator. The tower will improve coverage and network reliability in rural Jefferson County. Horizon Tower has obtained an agreement with the property owner that will allow for construction and maintenance of this facility, necessary utility connections, and provisions for access to the site. 2. Permitting Process: This project requires a TYPE Ill CONDITIONAL USE PERMIT (ZON2025- 00011 ), with public notice with a 14-day comment period, and a notice of public hearing with a decision by the Jefferson County Hearing Examiner per JCC 18.42.080(3) Table 13-1. 3. Location: The 6.12 acre parcel is located north of Swansonville Road and Fleet Drive, and west of Jefferson Avenue in the Port Ludlow Area. The parcel is located in Section: 8, Township: 28N, Range: 1E, W.M. (Assessor parcel number 821081015) (Exhibit 14 &15). 4. Access: The subject property is accessed off Fleet Drive, a county road. There is a 30 foot access road easement shown on the Port Ludlow No. 2 Plat recorded LP Vol 5 pages 41 to 48 of Long Plats (Exhibit 15). The landowner home is located off this easement. The agent will be required to demonstrate that they have legal access to the proposal from Fleet Drive. The application indicates that the unmanned facility would be visited only a couple of times a month. The proposal may require a road approach permit from the Jefferson County Public Works Department. This proposal would also require an address from DCD. Horizon Tower Zoning CUP (ZON2025-00011) Page 1 5. Zoning: With the exception of the area to the south located in the Port Ludlow Master Planned resort zone MPR-SF-4, the site and surrounding areas are zoned Rural Residential 1 dwelling per 5 acres (RR1 :5). 6. Property Characteristics: The 6.12 acre site is predominantly flat with a knoll located in the northern section of the parcel where the cell tower would be located. The proposal would be located within a 50 by 50 foot compound area. The site contains trees and native shrubs. The compound areas would be served by a 30 foot wide access and utility easement. The proposed site is located at the southern edge of a knoll at its highest elevation. The proposed monopole location (site) has an elevation of approximately 420 feet above sea level (ASL). The following slopes are determined by the rise in feet of the run (distance) in feet. The slope from the east is approximately 8.4% (70/828) from the site (420 ASL) to Jefferson Avenue (250 ASL). From Jefferson Avenue (250 ASL) to the to the top of the marine bluff (100 ASL). This equates to an approximately 7 percent slope (150/2, 160). The area to the west slopes for the site (420 ASL) to the bottom of the ridge (380 ASL) at an approximately 6.6% slope (40/600). The area to the south slopes from the site (420 ASL) to Swansonville road (400 ASL) with an 2.5% slope (20/800). There is minimal slope to the north for approximately 1,678 feet. Then the area to the south slopes from 420 ASL to 265 ASL located at Mats View Terrace Road at a 5% slope (175/3,500). On the 6.12 acres site from the proposed monopole there is a minimal slope to the northern property line (PL), there is a 7.5% slope to the western PL, a 10% slope to the eastern PL, and a 4% slope to the southern PL. 7. Surrounding Development: With the exception of a 0:5 acre undeveloped parcel (APN 821081027), the area to the north generally contains lots that are 10 acres or larger that contain scattered residences and undeveloped land in forestry. The area to the west contains 3 to 10 acre parcels that contain scattered residential use and a cemetery to the southwest. The area to the east contains two 1 acre parcels owned by the landowner and two 3 acre parcels that contain residential development. Approximately 500 feet to the east across Jefferson Avenue, the area has been divided into approximately 0.25 acre parcels that area located in the Port Ludlow MPR. The area to the south is also located in the Port Ludlow MPR and has been divided 0.25 acre parcels. (Exhibit 14 ). 8. Critical Areas: The Jefferson County Critical Areas Map layers do not identify any critical areas on the subject parcel. The subject site does not contain any critical areas or their associate buffers as outline in Critical Areas Code found in Section 18.22 JCC (Exhibit 14 ). 9. Application & Studies Submitted: The following information has been submitted by the applicant: (Exhibit 2) Application date July 31, 2025 (Exhibit 3) Applicant's response to JCC 18.42 & CUP Criteria dated July 30, 2025 (Exhibit 4) SEPA Checklist dated July 29, 2025 (Exhibit 5) Site Plans, Elevations, and Photo Simulations dated May 22, 2025 (Exhibit 6) Mats Mats Radio Frequency (RF) Documentation received July 31, 2025 (Exhibit 7) Priority Habitat Species Map dated July 29, 2025 (Exhibit 8) RF Design Analysis showing existing Cell sites and existing & proposed coverage received July 31, 2025 Horizon Tower Zoning CUP (ZON2025-00011) Page 2 (Exhibit 9) Agent's response to com m ents received from public dated April 17, 2026 (Exhibit 10) Altern ate Site Analysis received April 17, 2026 10. Required permits: Site Development Review SOR 2025-00133 completed by DCD on July 17, 2025 Road Approach Permit - may be required from the Jefferson County Public Works Stormwater Management Permit -Jefferson County Building permits for the construction of the monopole and appurtenance - Jefferson County DCD Building Division Permit from the Federal Communication Commission (FCC) Clearance from the Federal Aviation Administration (FAA) 11. State Environmental Policy Act Review: Jefferson County Department of Community Development (DCD) is the lead agency for this proposal and issued a preliminary threshold determination of a Determination of Non-Significance (DNS) per WAC 197-11-355 with the Notice of Application (Exhibit 11 ). The 14 day comment period ended on November 19, 2025. DCD received comments from agencies and the public regarding this proposal. The final threshold determination of a DNS is issued on May 13, 2026, which was based on the DCD SEPA Memo dated May 12, 2026, comments from agencies and the public, the existing Jefferson County development regulations, the design of this proposal, and the studies and reports addressed above. There was no additional SEPA comment for the final threshold determination. The Notice of Public Hearing (Exhibit 12) and the SEPA Final Threshold Determination (Exhibit 13) indicated that a SEPA appeal must be submitted in writing to DCD Planning within 14 days of final threshold determination with the applicable appeal fee. The deadline for the SEPA appeal was May 27, 2026. These documents also stated that an appeal of the SEPA threshold determination would be consolidated with the open record public hearing before the Hearing Examiner for this Type Ill project. DCD received an appeal on the SEPA Threshold Determination on May 26, 2026 (Exhibit 22). DCD recommends at the beginning of the open record hearing that the SEPA appellant addresses why the proposal would result in probable significant adverse impacts as defined by SEPA (WAC 197-11 ), and that the SEPA threshold determination is clearly erroneous. DCD staff and the applicant would then respond. The Hearing Examiner would then make a finding about the adequacy of the SEPA in the Hearing Examiners written decision. If the SEPA threshold determination is not upheld, then the permit would be remanded back to DCD to address and issue a new threshold determination before the permit would be re-noticed for a new Notice of Public Hearing. If the SEPA threshold determination is upheld, the Hearing Examiner would then issue a decision on the permit based on all of information in the record. This would include all information received up to the close of the open record public hearing scheduled for June 12, 2026. 12. Public Noticing Requirements (Exhibit 11 ): Application Received Date: August 5, 2025 Application Complete Date: September 18, 2025 Notice of Application and preliminary DNS: November 5, 2025 Horizon Tower Zoning CUP (ZON2025-00011) Page 3 13. Notice of Public Hearing (Exhibit 12): In accordance with the Type Ill permitting process described in 18.40.230, the public hearing scheduled for June 16, 2026 was noticed as follows: Notice of Public Hearing posted on property: May 13, 2026 Notice sent to property owners within 300 feet of the proposal: May 13, 2026 Legal publication in the Port Townsend Leader: May 13, 2026 E-mail notice of public hearing to agencies & parties of record: May 13, 2026 14. Comments Received: DCD provided the notice of application and preliminary threshold determination on November 5, 2025 (Exhibit 11 ). DCD received a few letters supporting the proposal. However, most of the approximately 84 comments from 35 individuals expressing concerns regarding the proposal. The comments received are provided to the Hearing Examiner and the commenters (parties of record) received the notice of public hearing and will receive a copy of the H.E. decision. DCD grouped the comments into four groups based on when the comments were received: 46 comments (23 from KJ Turley) from November 2025 to March 1, 2026 (Exhibit 17); 24 comments (21 from KJ Turley) from March 1 to March 31, 2026 (Exhibit 18); 13 comments (6 from KJ Turley) from April 1 to April 30, 2026 (Exhibit 19); & 1 Comment received from May 1 to June 2, 2026 (date of staff report) (Exhibit 20). Of the 84 comments received, 50 comments came from KJ Turley, and 34 were from other individuals. DCD requested that the applicant address the comments received on December 10, 2025. The applicant provided a response to the comments dated April 17, 2026 (Exhibit 9). The applicant also provided an Alternative Site Analysis received on April 17, 2026 (Exhibit 10). DCD addressed relevant comments through this staff report. B. APPROVAL CRITERIA FOR ZONING CONDITIONAL USE PERMIT PER SECTION 18.40.530 JCC 1. (a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of developm ent in the vicinity of the subject property and with the physical characteristics of the subject property; Applicant response: The monopole is slim profile, painted non-reflective gray to minimize visibility. The compound is screened with 6' chain-link fencing and dark green privacy slats, and existing vegetation will be retained. The area is rural, with scattered residential and undeveloped parcels; the tower is sited to maintain generous setbacks and blend with the existing tall vegetation. This is compatible with the rural character and unobtrusive in appearance. Staff Comment: The overall site plan (Exhibit 5) indicates that distance of the monopole to the adjacent parcels are as follows: 177 feet from the parcel to the north; 191 feet from the parcel to the east; 191 feet from the parcel to the west; and 485 feet from the parcel to the south. The applicant has provided photo simulations of the proposal from key viewing areas (Exhibit 5). This proposal is located within a relatively large parcel of 6. 1 acres that would be retained in trees. This proposal can provide for the coverage and capacity for cellular service for Mats Mats Bay, Port Ludlow, and the surround area. Staff agrees with the applicant's response. Horizon Tower Zoning CUP (ZON2025-00011) Page 4 2. (b ) T he co nd itio na l use w ill be se rv ed by ad e q ua te in fr astru c tu re in c lu d in g ro a d s , fi re pro tectio n, w ater, w astew ater dis po s a l, and sto rm w ate r co n tro l; Applicant response: Access is provided from Fleet Drive via a gravel access road within an access and utility easement. No water or wastewater services are required as the site is unmanned. Stormwater impacts are minimal due to the small footprint; any runoff will be managed onsite per County standards. Fire protection is provided by local fire services; the site will include emergency access and address signage. Staff Comment: This proposal will have a Verizon antenna array at the top of the tower. In addition, this tower is capable of co-locating three other cellular providers. This proposal would provide for greater cellular service in the area that is a public service/infrastructure. Staff agrees with the applicant's response. 3. (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; Applicant response: The facility is /ow-impact, unmanned, and screened, with no emissions, odors, or substantial noise. It will not impede neighboring uses and complies with all setback and design standards. Staff Comment: Public comment raise the issue of decreased property values. There is no documented information that the installation of a cellular tower affects property values. DCD received an e-mail dated May 21, 2026 (Exhibit 21) from the Jefferson County Assessor that unless it blocks views that the proposal should not impact property values. The photo simulation and location of this proposal documents that this proposal would not impact views. The proposed wireless communication facility would be served trenched power and telephone cables within the road easement. This is similar utilities that are installed throughout the county. Staff agrees with the applicant's response. 4. (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; Applicant response: There is no significant noise associated with the facility. A backup generator may operate periodically for testing or during emergencies and complies with WAC 173-60 noise limits. There are no emissions, fumes, or odors. One motion-activated, down- shielded LED fixture will be installed near the gate; no continuous lighting is proposed. Staff Comment: Concerns about exposure from the cellular tower are one of the concerns received from the public. The applicant provided summary analysis of the potential impacts from radio frequency at the end of RF Analysis (Exhibit 8). The purpose of the Jefferson County Personal Wireless Service Facilities found in Chapter 18. 42 JGC, indicates that limitations of what can be reviewed through this proposal. The Federal Communication Commission (FCC) has jurisdiction over the maximum permissible exposure for the general public per the Federal Telecommunication Act of 1996. DCD is recommending a condition of approval of prior to the placement of a new antenna array by a cellular provider, the cellular provider shall provide a RF/EMF Power densities levels - Nier Report from the proposal to the closest residences to DCD. This is to document that the proposal is compliance with the FCC requirements for the maximum permissible exposure for the general public per the Federal Telecommunication Act of 1996. Horizon Tower Zoning CUP (ZON2025-00011) Page 5 The proposal includes a back up diesel generator that would operate when the facility is out of power. This back up generator would include containment facilities (i.e. double walled tanks, concrete surfaces with curbs, etc.) to prevent leaks from entering the ground or leaving the site. The proposed unmanned wireless communications facility will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity. Staff agrees with the applicant's response. 5. (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties. Applicant response: The fenced compound is 50' x 50' and would contain a 150' monopole, Verizon ground equipment (approx. 300 SF), and space for future carriers. A 6' chain-link fence with green privacy slats encloses the compound. No building signage is proposed except required RF safety and site ID signage. Existing vegetation provides additional screening. Staff Comment: The compound is located 100 to 145 feet from the adjacent parcels on the highest portion of a knoll that descends in all directions except to the north which is flat. The view of the monopole has been reviewed through photo simulations at the end of the site maps (Exhibit 5). This included three views and existing and proposed view with the monopole and the proposed antenna arrays and three potential antenna arrays (future co-location). View 1 from approximately 400 feet to the northeast of the facility looking southwest. View 2 is from approximately 900 feet to the southeast (~85 Fleet Drive) looking northwest. View 3 is from the middle of the subject parcel looking north. 6. (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; Applicant response: The site is unmanned and generates negligible traffic. Access is for periodic maintenance only; no designated parking lot is required beyond a small turnaround area within the easement. Staff Comment: Staff agrees with the applicant's response. 7. (g) The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; Applicant response: The facility complies with JGC 18.42 Wireless Communication Facilities standards, JGC 18. 20 and 18. 30 development standards, and JGC 18.40 procedural criteria. It also meets FCC licensing requirements and FAA standards. Setbacks, fencing, screening, and equipment design meet all County codes. Staff Comment: There are no Performance Standards (Chapter 18. 20 JGC) applicable to this proposal. Section D below addresses applicable Development Standards (Chapter 18.30 JGC). The provisions of Personal Wireless Facilities (Chapter 18.42 JGC) are addressed is Section C below. Section 18. 42. 010(3) JGC states if the provisions of this chapter conflict with other county ordinances the provisions of Chapter 18.42 shall control. 8. (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; Horizon Tower Zoning CUP (ZON2025-00011) Page 6 A p p lic a n t r e s p o n s e : Th e s it e is n o t n e a r a n a irp o rt o r a irfie ld a n d w ill n o t a ffe c t a v ia tio n uses. Staff Comment: Staff agrees with the applicant's response. 9. (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; Applicant response: No significant adverse impacts are anticipated. Vegetation removal is limited to a small area within the lease area and easement. Visual impact is minimized by design, color, and setbacks. Any minor impacts are fully mitigated by vegetative screening, limited disturbance, and compliance with County standards. Staff Comment: The site does not contain any critical areas or their associated buffers. There will be no significant adverse impacts to the environment (Exhibit 13). Potential impacts to the human environment have been mitigated through the design, required permits, and conditions of approval. Addressing significant adverse impacts on human or natural environment is also addressed through the SEPA process completed for this proposal in Section A(11) above. 10. U) The conditional use has merit and value for the community as a whole; Applicant response: Yes. The facility improves public safety and communication reliability providing value to residents, travelers, and emergency first responders. Staff Comment: The purpose of this proposal is to provide better cellular service to the area and to meet coverage and capacity issues for Verizon and other cellular companies. This proposal is also consistent with the Comprehensive Plan's Capital Facilities Goals and Policies addressing utilities that include cellular service (See Section 8(11) below). The Comprehensive Plan provides guidance on how the county views cellular service and the development regulations are developed to be consistent with the Comprehensive Plan. 11. (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and Applicant response: The project supports Comprehensive Plan goals for expanding essential public facilities and services, improving rural telecommunications, and ensuring public safety infrastructure without degrading rural character. a. Jefferson County Comprehensive Plan Capital Facilities Goal CF-G-12 Provide adequate utility capacity for future growth consistent with the requirements of the Growth Management Act. Policy CF-P-12.1 Identify where infrastructure is not adequate to support future growth, initiate planning for the development of infrastructure required for future growth and ensure that utility infrastructure is adequate to support projected population growth and economic development. Policy CF-P-12.2 Allow extension and sizing of facilities based on the Land Use Element. In those cases where engineering standards are in excess of the requirements for the immediate development but are required to meet established levels of service for proposed uses and future needs, the excess capacity will not be a reason to allow growth out of sequence with the Land Use Element. Horizon Tower Zoning CUP (ZON2025-00011) Page 7 Policy CF-P-12.3 Require that adequate public facilities and services are available prior to, or concurrent with, developm ent. Policy CF-P-12.4 Support efficient perm it and application pro cessing fo r utility system s projects to facilitate tim ely com pletion of utility developm ent to meet gro w th dem ands. Jefferson County Comprehensive Plan Capital Facilities. Staff Comment: This proposal is intended to provide cellular service to existing development and future development and people passing through the area. This proposal would provide cellular service to people outside, in vehicle, and cellular data in structures. This proposal is not anticipated to provide excess capacity but to serve the existing and planned development in the area. b. Goal CF-G-13 Coordinate planning and provision of utility services among Jefferson County, the State of Washington, local governments, and utility service providers. Policy CF-P-13.1 Provide coordination between Jefferson County, agencies, and utility providers to ensure consistency between utility systems development and the growth plans of the County. Policy CF-P-13.2 Require utility providers to consistently utilize the Jefferson County Comprehensive Plan Land Use Element in utility systems planning. Policy CF-P-13.3 Assist in making multiple use of utility corridors, easements, and areas for utilities, whenever possible, provided that such shared use is consistent with limitations prescribed by applicable law and prudent utility system practice. Staff Comment: The applicant provided documentation in the form Mats Mats Bay RF (Exhibit 6), RF design showing existing and proposed sites (Exhibit 8), and alternative site analysis (Exhibit 10). In addition to providing antennas for Verizon customers, the proposal includes 3 co-location location for additional antennas on the proposed tower for other cellular providers. c. Jefferson County Comprehensive Plan Capital Facilities Goal CF-G-16 Accommodate telecommunication and internet technologies and service providers by allowing systems development consistent with the Comprehensive Plan. Policy CF-P-16.1 Promote the widespread availability of telecommunications, broadband, internet access, and similar technologies in cooperation with other public and private entities, to facilitate communication among members of the public, public institutions, and businesses. Policy CF-P-16.2 Require consolidation of antenna siting, transmission media, utility pole, fiber optic cable, and trenching placement to minimize adverse aesthetic and environmental impacts. Staff Comment: Section 8. 4 Utilities page 8-19 of the Jefferson County Comprehensive Plan (December 2018) provides background info on wireless communication. Wireless Common Carriers (Including Cellular Phone Service): Unlike other utilities, the cellular phone industry does not necessarily conduct long-range strategic facilities planning. Market demand is analyzed to determine expansion into new service areas. Cellular phone service can be expanded in each area to provide better service to cellular customers in two ways: Extending the coverage to new areas or increasing the Horizon Tower Zoning CUP (ZON2025-00011) Page 8 capacity of the system within the current service area. A decision to expand the system depends on several factors. First, the number of current customers within the area and the capacity of the current system are analyzed to identify the need to expand. Second, the quality of service within the area is continually evaluated, both electronically, at the switching equipment, and through feedback fro m customers. If there are a significant number of service failures reported, including dropped calls, continuous busy signals, or an "all circuits are busy" message, the capacity of the system must be evaluated and usually improved to maintain consumer market share. Third, the FCC license granted to the cellular carrier requires that service be provided to 75% of its Cellular Geographical Service Area (CSGA) within five years from the date the license is granted. Maintaining a high quality, interference- free service is essential to comply with these FCC requirements. In general, it is anticipated that additional sites within the Jefferson County service area will be located responsive to customer service needs, generally following increases in population densities and high-volume traffic corridors. This proposal as designed and conditions would promote telecommunications serving the area and is compliance with the Jefferson County Comprehensive Plan. 12. (I) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Applicant response: The project enhances wireless communication coverage, supporting emergency services (E-911), business, and personal use. There is no adverse public detriment; rather, it serves the public interest by improving connectivity. Staff Comment: Potential impacts from the proposal area address in Section 8(3),(4) & (9) above. This proposal is intended to serve existing development in the Mats Mats Bay, Port Ludlow, and surrounding areas. Jefferson County has not experienced rapid growth and there has not been many new cell tower/monopole sites in the last 20 years. Jefferson County also does not allow new cell tower sites if there are feasible co-location opportunities on existing cellular towers. There are no cellular towers within 2 miles of this proposal as addressed in Section 18. 42. 060 JGC below. C. 18.42 PERSONAL WIRELESS FACILITIES The representative provided the following in the application criteria submitted with the application. The Jefferson County Code has specific requirements regarding the development of Wireless Communication Facilities. The following sections address each of the requirements that are applicable in the order they appear. Except as noted in a specific staff comment in the sections below, staff agrees with the applicant's response. 18.42.010 Purpose and Policy (1) Purpose. This chapter is designed to provide opportunities for the community to be served by personal wireless service facilities, consistent with the rights of personal wireless service providers as set forth in the Federal Telecommunications Act of 1996 (Pub. L. No. 104-10 4, 110 State 56, 31-136, codified at 47 U.S.C. 332(c)), hereinafter referred to as "the Telecommunications Act" or "the Act," while at the same time providing for an orderly development of the county and protecting the health, safety, and general welfare of the county's residents and property owners. This chapter is also intended to comply with Section 6409 of the Horizon Tower Zoning CUP (ZON2025-00011) Page 9 Middle Class Tax Relief and Job Creation Act of 2012 (H.R. 3630, P.L. 112-96), hereinafter referred to as "Section 6409," as im plem ented by 47 CFR 1.4 0001, as it exists now or may be amended in the future. (2) Intent and Interpretation. These standards are designed to com ply with the Act. The provisions of this chapter shall not be interpreted to prohibit, or to have the effect of prohibiting, telecommunications or personal wireless services, television bro adcast signals, multichannel multi-point distribution services or direct bro adcast satellite serv ices, or to unreasonably discriminate among pro viders of functionally equivalent serv ices. (3) Inconsistencies with Other County Regulations. To the extent that any pro vision of this chapter directly conflicts with any other county ordinance, this chapter shall contro l. In all other regards, this chapter shall be construed consistently with all other county ordinances, regulations and functional plans. ( 4) Goals. The goals of this chapter shall be to: (a) Establish developm ent regulations consistent with the Jefferson County Com prehensive Plan, as adopted August 28, 1998, or later am ended; (b) Establish personal wireless service facilities developm ent design standards which protect the rural character, natural beauty, and scenic resources of Jefferson County fro m adverse environmental, noise, and visual impacts; (c) Pro vide clear and objective appro val criteria fo r locating personal wireless service facilities including structural safety requirem ents; (d) Facilitate efficient developm ent review of applications fo r personal wireless service facilities and infrastructure which serve the needs of county citizens and visitors, and prom ote the goal of universal service; ( e) W here technologically and structurally feasible, encourage and facilitate colocation of antennas, support structures and related equipm ent fo r wireless com m unication pro viders, public service telecom munications, and em ergency service telecom m unications; (f) Require prompt rem oval of abandoned facilities; and (g) Encourage the developm ent of personal wireless service facilities on a com petitively neutral basis. Applicant Response: The proposed Mats Mats Bay WCF facility aligns with the purpose of Chapter 18.42 by expanding reliable personal wireless service in a manner that supports emergency, business, and personal communications. The proposal complies with the Telecommunications Act of 1996 and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 by promoting universal access while protecting the rural and scenic character of Jefferson County. Staff Comment: (1) The purpose provides the limitations and requirements that the County can utilize for review of Personal Wireless Facilities in compliance with the Telecommunications Act of 1996 and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012. (2) Chapter 18.42 JGC is designed to compliance with the Telecommunication Act of 1996. Horizon Tower Zoning CUP (ZON2025-00011) Page 10 The intent section is not intended to pro hibit Personal Wireless Facilities or to discrim inate am ong cellular providers. (3J If the provisions of this chapter conflict with other county ordinances the provisions of Chapter 18. 42 shall control. ( 4 J The design of the proposal, this review and conditions of approval will ensure compliance with these requirements. 18.42.020 Applicability and Exemptions Applicant Response: This project involves construction of a new wireless communication facility on an undeveloped parcel in the RR 1:5 zone and does not qualify for any exemptions listed under JGC 18.42.020. Full review under Chapter 18.42 is required. 18.42.030 Definitions Applicant Response: This facility qualifies as a "wireless communications facility" and consists of a "monopole" tower per JGC definitions (JGC 18.42.030(2)(pJ&(uJ. The proposal includes antennas, radio equipment, and associated support structures. 18.42.040 Application Submittal and Content Applicant Response: All submittal elements are included, such as: - Applicant, co-applicant, and property owner information - Responsible party contact - Survey and full site plans - Vicinity maps - Parcel list and notification matrix - RF justification and coverage maps - Photographic simulations - Conditional Use Permit form and SEPA checklist - Narrative addressing colocation and alternative siting analysis Staff Comment: DCD determined that the information submitted by the applicant met this requirement. 18.42.050 Compliance with Other Regulations Applicant Response: The facility complies with Jefferson County Building Code (JGC 15.05J, EIAITIA-222 structural standards, and all relevant fire/fife safety codes. Structural and engineering information will be provided with the building permit. There are no shoreline, floodplain, or critical habitat conflicts. 18.42.060 Colocation Policy Applicant Response: The monopole is engineered to support three future carriers in addition to Verizon Wireless. There are no existing towers within two miles, as verified by tower inventory maps and field assessments (please see RF Design Analysis attached as Exhibit CJ. Existing vegetation will be retained as screening in compliance with this section. 18.42.070 Colocation Procedure Applicant Response: A search of all existing structures within the target coverage area was conducted. No existing towers met the necessary height, structural, or geographic requirements (please see RF Design Analysis attached as Exhibit CJ. Staff Comment: 18.42. 090(1 )(bJ JGC. The applicant submitted Mats Mats Bay RF (Exhibit 6J, RF design showing existing and proposed sites (Exhibit 8J, and alternative site analysis (Exhibit 10J to address why co-location was not feasible. 18.42.080 Wireless Communication Facilities - Types of Uses Horizon Tower Zoning CUP (ZON2025-00011) Page 11 Applicant Response: The RR 1:5 zone perm its new towers subject to Type Ill Conditional Use Perm it (JGC 18.42.080 Table 13-1). This application for the proposed is being subm itted accordingly. 18.42.090 Design Review Standards The design review standards set forth in this section are intended to ameliorate potential visual, aesthetic, and safety concerns while facilitating growth of an industry that is important to the county's economic health and whose services are demanded and required by an increasing number of the county's residents, businesses, workers, and visitors. When reviewing an application for proposed wireless communications facility, including accessory equipment shelters and enclosures and security fencing, the county shall apply the following design standards. The county shall approve, approve with conditions, or deny applications based upon compliance with the following standards. (1) Wireless Facility Design Review Standards - General. (a) Wireless communications facilities including attached or colocated antennas, towers, and equipment enclosures shall be painted a non-reflective color that blends with the surroundings. Appropriate colors may include earth tones and muted grays, blues, and greens in broken patterns. (b) Tower Spacing. New wireless facility towers shall not be allowed within 2,000 feet of an existing tower, unless the applicant demonstrates through the colocation procedure set forth in JCC 18.42.070 that colocation on the existing tower is not feasible. Such demonstration shall include but not be limited to a structural analysis of the existing tower provided by a structural engineer licensed in the state of Washington. (c) Tower lighting shall not be allowed except as required by the FAA. (d) Setbacks. For all new towers that are 60 feet or less in height, the standard setbacks of the underlying zone shall apply. For all new towers that are greater than 60 feet in height, the standard setbacks of the applicable zone shall be increased by one foot for every one foot of additional height above 60 feet; provided, that this requirement may be waived by the director or hearing examiner, as appropriate, based on a finding that lesser setbacks and/or the use of additional screening are adequate to ameliorate aesthetic and visual impacts. All equipment shelters shall comply with setbacks of the applicable zone. (e) Fencing and Security. Wireless facility towers and accessory equipment shall be enclosed by a minimum six-foot high security fence, as required for public safety. (f) Equipment Enclosures. (i) Ground-mounted equipment enclosures shall be the smallest size practicable. (ii) Equipment enclosures mounted on alternative structures shall not extend more than six feet above the height of adjacent portions of the structure that screen the equipment enclosure. If mounted on buildings, equipment enclosures shall be placed within the interior of buildings, whenever technically feasible. If located on the roof of Horizon Tower Zoning CUP (ZON2025-00011) Page 12 a building, equipm ent enclosures shall either be concealed or cam ouflaged with a design that is architecturally com patible with the building. (g) Noise generated by a wireless facility shall not exceed the maxim um environm ental noise levels set forth in Chapter 173-60 W AC as it is now in effect or hereafter am ended. (h) Landscaping and Screening. (i) A landscaping plan shall be subm itted with all applications fo r tow ers and equipm ent enclosures in comm ercial and residential districts and in agricultural lands. Landscaping shall be placed outside the security fence and shall consist of fast- gro wing vegetation with a minim um planted height of six feet, placed so as to fo rm a solid hedge within two years of planting. (ii) Existing vegetation that conceals or screens a proposed facility from view (including antennas, towers, and equipm ent enclosures) shall be preserved to the greatest extent feasible consistent with the operation of the facility. If existing vegetation is not adequate to screen the facility, additional vegetation shall be planted in order to adequately screen the facility. For all screening, the use of trees with significant height and fullness upon maturity shall be required. (iii) If it is not possible to achieve adequate screening by preserving vegetation on the site, the wireless facility pro vider shall lease or secure an easem ent fo r additional land to preserve existing significant vegetation or to allow the planting of additional vegetation. (i) Cam ouflage and Concealm ent. W ireless com m unications facilities shall blend with and not disturb the visual character of their settings to the greatest extent practicable. (j) Security lighting for equipment enclosures shall be minimized. It shall be oriented downward and shielded so that the light falls only within the boundaries of the property and shall be triggered only by a motion sensor. (k) Signs and Symbols. Signs, symbols, flags, banners or other devices shall not be attached to or painted or inscribed upon any tower or antenna; provided, that the flags of the United States and the state of Washington may be flown from towers and antennas disguised as flag poles. A telephone number and person to call for information or in the event of an emergency shall be posted at the site. (I) Security and Maintenance. The provider and co-applicants shall protect the facility from unauthorized access consistent with the purpose of protecting the public health, safety and welfare. The provider and co-applicants shall maintain the facility in a good and safe condition and preserve its original appearance and concealment or camouflage elements incorporated into the design at the time of approval. Such maintenance shall include, but not be limited to, such items as painting, structural repair, repair of equipment and maintenance of landscaping. (m) Antenna Mounting. (i) Roof-mounted antennas and/or antenna arrays located on alternative structures shall be concealed when viewed from ground level adjacent to the structure unless Horizon Tower Zoning CUP (ZON2025-00011) Page 13 this is not technically feasible, in which case the antennas or antenna arrays shall be camouflaged to the extent practicable. (ii) Side-m ounted antennas shall be mounted flush on the exterior wall of the building and not pro ject above the wall on which it is mounted. If this is not technically possible, such antennas shall either be concealed or cam ouflaged into the building design to the extent practicable. Applicant Response: (a) Painting: The support structure, antennas, and associated facilities will be painted or coated in non-glare, neutral tones such as gray or earth tones to reduce visual prominence. This complies with JGC 18.42.090(1)(a). (b) Tower Spacing and Collocation: The monopole is located over two miles from the nearest existing support tower. It has been designed to accommodate Verizon Wireless plus three additional providers, consistent with collocation encouragement and spacing standards in JGC 18.42. 090(1 )(b). (c) Tower Lighting: No lighting is proposed or required by the FAA. Should lighting be mandated in the future, it will be the minimum necessary and fully shielded, complying with JGC 18.42.090(1)(c). {d) Setbacks: The tower is set back in excess of 150' feet from all property lines exceeding JGC 18.42. 090( 1 )( d) standards for safety and compatibility. (e) Fencing and Security: The compound is enclosed by a 6-foot-high chain-link fence with privacy slats. The fence includes a locked gate, in accordance with JGC 18.42.090(1)(e), to secure the facility and prevent unauthorized access. (f) Equipment: All ground-mounted equipment will be located within the compound and be the smallest size practical, consistent with JGC 18.42.090(1)(f). (g) Noise: The facility produces no regular operational noise. Any backup generator will comply with WAC 173-60 and operate only during testing or power outages, satisfying JGC 18.42. 090(1 )(g). (h) Screening and Landscaping: The compound's fencing includes privacy slats for screening purposes. Existing vegetation surrounding the facility will be retained. The retained vegetation meets the intent of the landscaping requirement per JGC 18.30.130(2)(a). (i) Camouflage: While not designed as a stealth facility, the monopofe's slim profile, flush- mounted antennas, and non-reflective finish provide a low-visibility solution that satisfies the intent of JGC 18.42. 090(1 )(i). U) Security Lighting: One motion-activated, down-shielded LED light fixture will be installed near the equipment area gate. No constant lighting or uplighting is proposed, consistent with this section (k) Signs and Symbols: Required RF exposure, safety, and site identification signage will be posted at the site entrance per FCC guidelines. No commercial or promotional signage will be used. (I) Security and Maintenance: The facility will be remotely monitored. Regular site visits will ensure secure fencing and operability of equipment, meeting JGC 18.42.090(1)(1). Staff Comment: (b) This section has a tower spacing requirement of 2,000 feet. As stated above there are no towers within 2 miles of the proposed monopole. (c) The applicant should provide documentation from the FAA that tower lighting is not required. (d) The zoning setback are measured from the property lines. The front setback is 20 feet, and side and rear setbacks are 5 feet per Table 6- 1 of Section 18. 30. 050 JGC. For towers over 60 feet in height, the zoning setbacks are increased by one additional foot for every foot over 60 feet. Since the proposed tower is 150 feet high, an additional 90 feet of setback is required from the standard zoning setbacks. {h) The applicant should address Horizon Tower Zoning CUP (ZON2025-00011) Page 14 whether the entire 6. 1 acre site is being leased or other m echanism s that are in place to ensure the landowner does not remove the trees fro m the areas not lease. (2) Wireless Facility Design Review Standards - Conditional Uses. In addition to the wireless facility general design review standards set forth in subsection (1) of this section, wireless communication facilities subject to conditional use review shall comply with the following design review standards: (a) Protecting Points of Visual Interest. Views toward the following points of visual interest from residential structures located within 250 feet of a proposed wireless communications facility subject to conditional use review shall be protected from significant degradation to the greatest extent practicable: (i) Mountains; (ii) Marine waters and shorelines; (iii) Public parks and significant public open spaces; (iv) Historic structures. The applicant for a conditional use wireless communications facility shall either demonstrate that the points of visual interest listed above will not be significantly degraded by the proposal or demonstrate that a significant wireless telecommunication service can only be provided by development of the proposed facility. (b) Methods for Protecting Points of Visual Interest. The following options may be used to protect the points of visual interest listed above: (i) Use alternative facility designs and locations on the parcel to minimize the degradation of views from residences to the point of visual interest; (ii) Maintain existing trees and shrubs on the site and/or provide additional landscaping; (iii) Obtain leases or easements for the life of the proposal to protect trees and shrubs on adjoining properties that will screen the proposed facility or to allow the planting of additional trees and shrubs. (c) In the event that it is not practicable to protect the visual points of interest listed above from significant degradation, the applicant for a conditional use wireless communications facility shall minimize the visual effect to the greatest extent practicable and shall also demonstrate through appropriate analysis that: (i) There are no other locations within the same parcel where the visual effects would be less; (ii) Colocation or attachment on an alternative structure within the service area is not feasible; Horizon Tower Zoning CUP (ZON2025-00011) Page 15 (iii) D evelopm e nt on an altern ative site w ith decreased visual effects w ithin the service area is not feasible . [O rd. 6-99 § 1] Applicant Response: (a) Protection of Points of Interest: The tower is more than 1,000 feet from scenic corridors, historical landmarks, and designated environmental resources. Existing vegetation will help screen the facility from view. (Please see the photo simulations attached as Exhibit D). (b) Minimization of Visual Impact: The monopole will be painted in neutral tones and is sited with existing vegetation for screening. Photo simulations confirm minimal visibility from public viewpoints, as required by JGC 18.42.090(2)(b). (Please see the photo simulations attached as Exhibit D) (c) Visual Points of Interest Cont.: The monopole will be painted in neutral tones and is sited with existing vegetation for screening. Photo simulations confirm minimal visibility from public viewpoints, as required by JGC 18.42.090(2)(b) (see the photo simulations attached as Exhibit D). There are no colocation opportunities within 2 miles (see RF Design Analysis attached as Exhibit C). Staff Comment: This proposal requires a zoning CUP and based on the size of the parcel, the retention of trees, and terrain of the area, this proposal would not impact views of the water, mountains, public parks/open areas, or historic structures from residential structures within 250 feet of the monopole. This proposal would also not impact on the views of these points of visual interest from residences located further from the monopole. 18.42.100 Time Limitation All permit conditions will be satisfied within the statutory timeline. Construction will begin promptly upon approval. 18.42.110 Grandfathering of Existing Facilities Not applicable; this is a new facility. 18.42.120 Variances No variances are requested or required. 18.42.130 Recovery of County Costs All application and review fees will be paid in accordance with JGC Appendix VI. 18.42.140 Abandoned Facilities The applicant agrees to remove the facility within 90 days of permanent decommissioning as required by this section. 18.42.145 Substantial Change Criteria Not applicable; this is a new facility. D. SECTION 18.30 JCC -DEVELOPMENT STANDARDS 1. Section 18.30.050 JCC Staff Comment: Table 6-1 provides zoning setbacks. See Staff Comment above in Section 18.42. 090(1 )(d) Design Review Standards. DCD will review setbacks as part of the building permit from the monopole. 2. 18.30.060 Grading and excavation standards. Horizon Tower Zoning CUP (ZON2025-00011) Page 16 Staff Comment: This section regulates clearing and grading in Jefferson County. Clearing and grading associated with this proposal will be addressed through the required stormwater management permit required from Jefferson County. 3. 18.30.070 Stormwater management standards. Staff Comment: The proposal will entail approximately 12 by 400 sq foot access road would entail 4,800 sq ft of impervious surface. The 50 by 50 foot compound area would equate to 2,500 sq ft of impervious surface. This would equate to 7,300 sq ft of impervious surface. All stormwater for non- residential projects is reviewed by the Jefferson County Public Works Department. The engineered stormwater plan would be required to meet the Washington State Department of Ecology's 2024 Stormwater Management Manual of Western Washington. 4. 18.30.080 Roads Staff Comment: The Jefferson County Public Works determine whether a road approach permit from Fleet Road will be required and would require a utility permit for utility work within the county right-of- way. Public Works does not review the adequacy of the private access road to the compound. 5. 18.30.130 Landscaping/Screening Staff Comment: This proposal is a non-residential use adjacent to residential uses from a zoning perspective. Section 18. 30. 130(5) JGC requires a minimum of 15 feet of Screen A (per Section 18.30.130(3) JGC) between non-residential and residential uses. This entails evergreen trees and shrubs that will achieve a visual barrier of 8 feet within 2 years. Section 18. 30. 130(2)( a) JGC allows the retention of trees and other natural vegetation to meet the landscaping requirements. Based on the nature of this proposal DCD is requiring that a minimum of a 50 foot natural vegetated area be maintained around the 50 foot compound area throughout the lifetime of the proposal. 6. 18.30.140 Lighting Staff Comment: For this proposal exterior lighting for the compound is limited to one motion-activated, down-shielded LED fixture will be installed near the gate. No continuous lighting is allowed. E. RECOMMENDATIONS BASED ON ANALYSIS Based on the foregoing findings, analysis, and conclusions, the Department of Community Development recommends that the Hearing Examiner should APPROVE the application for Zoning CUP (ZON2025-00011) for the construction of a 150 foot high mono-pole and the placement of Verizon antennas and ground equipment within a 50 by 50 foot compound, as described in application materials and analysis of this staff report, with the following recommended conditions of approval: 1. Except as modified by this decision, this proposal shall comply with all of the Personal Wireless Facilities requirements found in Section 18.42 JCC (this review). 2. Prior to the implementation of this proposal, a building permit shall be obtained from Jefferson County DCD Building Division. 3. The applicant shall choose a color for the monopole and antennas that minimizes the view of the facility and blends in with the surroundings. 4. The applicant shall retain the existing trees (to a maximum height of 100 feet) within the 50 feet in all directions from the edge of the 50 by 50 foot graveled compound area (no vegetation) throughout the lifetime of the proposal. This could also be accomplished by having the applicant lease a minimum of 100 foot radial screening area from the monopole from the landowner to ensure that the applicant had control of the management of the trees within the radial buffer. The applicant shall provide DCD a survey of the leased area. Horizon Tower Zoning CUP (ZON2025-00011) Page 17 5. Perm it approval does not excuse the pro ponent from com plying w ith any other applicable local, state and federal ordinances, regulations, or statutes applicable to the pro posed developm ent. This includes m eeting FAA and FC C requirem ents. 6. No aviation lighting is authorized fo r this pro posal unless required by the FAA . 7. W ireless facility tow ers and accessory equipm ent shall be enclosed by a m inim um six feet high security fence, as required fo r public safety. A telephone num ber and person to call fo r info rm ation or in the event of an em ergency shall be posted at the site. 8. Noise generated by a w ireless facility shall not exceed the m axim um environm ental noise levels set fo rth in Chapter 173-60, W ashington A dm inistrative Code, as it is now in effect or hereafter am ended. 9. All exterior lighting is required to m eet the provision of Section 18.30.140(1) JC C . T his includes having lighting oriented dow nw ard and shielded so that the light falls only w ithin the boundaries of the property. For this pro posal exterior lighting fo r the com pound is lim ited to one m otion-activated, dow n-shielded LE D fixture w ill be installed near the gate. N o continuous lighting is allow ed. 10. Signs, sym bols, flags, banners or other devices shall not be attached to or painted or inscribed upon any tow er or antenna. 11. The pro vider and co-applicants shall protect the facility fro m unauthorized access consistent w ith the purpose of pro tecting the public's health, safety and w elfare. T he provider and co- applicants shall m aintain the facility in a good and safe condition and preserve its original appearance and concealm ent or cam ouflage elem ents incorporated into the design at the tim e of approval. Such m aintenance shall include, but not be lim ited to, painting, structural repair, repair of equipm ent and m aintenance of required vegetation. 12. The applicant shall pro vide to Jefferson C ounty Departm ent of Com m unity Developm ent the nam e and telephone num ber of the person responsible fo r the facility, capable of responding im m ediately. 13. If a pro vider transfers, assigns, or subleases a w ireless com m unication facility, a copy of the land use agreem ent and FC C license shall be subm itted in w riting to the Director, as w ell as the nam e and telephone num ber of the person responsible fo r the fa cility, w ho is capable of re sponding im m ediately. 14. Each perm it granted pursuant to this chapter is conditioned on the requirem ent that the perm ittee reim burse the County fo r all direct and indirect expenses reasonably incurred related to the application review or to the m odification or am endm ent of the perm it. 15. A w ireless com m unication faci lity w hich has been unused fo r a period of 180 consecutive days is hereby declared abandoned. A bandoned facilities shall be rem oved by the pro pert y ow ner w ithin 180 days from date of abandonm ent. Failure to rem ove an abandoned facility shall be considered a public nuisance subject to penalties. U pon w ritten application, prior to the expiration of the 180 day period, the Director shall in w riting grant a 180 day extension fo r reuse of the facility. Additional extensions beyond the first 180 day extension m ay be granted by the Director, subject to any conditions required to bring the project or facility into com pliance w ith current law (s) and m ake it com patible w ith surrounding developm ent. 16. If an abandoned facility is not rem oved w ithin 18 0 days or a longer period of tim e determ ined in w riting by the Director, the County shall have the authority to enter the property and rem ove the facilities. All reasonable and docum ented costs of such rem oval shall be charged to the pro vider and/or landow ner of record. 17. Prior to any land disturbing activity, the applicant is required to dem onstrate that they have legal access the pro posal from Fleet D rive fo r the pro posed w ireless com m unication facility. 18. Prior to any land disturbing activity, the applicant shall obtain either a road appro ach perm it or clearance that an ro ad approach perm it is not from required from the Jefferson County Public W orks. 19. Prior to the issuance of the building perm it fo r the m onopole, the applicant shall obtain an Horizon Tower Zoning CUP (ZON2025-00011) Page 18 address for the proposed facility from Jefferson County DCD. 20. Prior to any land disturbing activity, the applicant shall subm it docum entation that the NEPA Section 106 Cultural Resources requirem ents are met. 21. An Inadvertent Discovery Plan (IDP) shall be subm itted to DCD fo r review and appro val. A copy of the finalized IDP shall be maintained on site prior to the com m encem ent of any gro und disturbing activities. 22. Prior to the issuance of a building perm it fo r the monopole, the applicant shall subm it an engineered stormwater perm it to the Jefferson County Public W orks Departm ent fo r review and appro val. 23. Prior to the placem ent of a new antenna array by a cellular provider, the cellular pro vider shall provide a RF/EM F Power densities levels - Nier Report from the pro posal to the closest residences to DCD. This is to docum ent that the pro posal is com pliance with the FCC requirem ents for the maximum perm issible exposure fo r the general public per the Federal Telecom munication Act of 1996. 24. JCC 18.4 2.100(1) Time limitation. A land use perm it fo r a wireless facility shall autom atically expire and becom e void if the applicant fails to obtain a building perm it within one year of the effective date of the perm it. The director may extend the perm it fo r a period of one year; provided, that the applicant files a written request fo r extension not less than 60 days prior to the expiration that specifies good cause fo r the extension (per Section 18.4 2.100 JC C). 25. A conditional use perm it autom atically expires and becom es void if the applicant fails to file for a building perm it or other necessary developm ent perm it within three (3) years of the effective date (the date of the decision granting the perm it) of the perm it unless the perm it appro val provides for a greater period of tim e per Section 18.4 0.560 JCC. Horizon Tower Zoning CUP (ZON2025-00011) Page 19