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HomeMy WebLinkAbout06 0712 99 -" (!(J', p,t,J. 'Î'J~ P¡Cj . Pt. '1'J~, qq WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of A Wireless Services Facilities Ordinance Regulating The Location, Placement and Design of Such Facilities x x x ., ORDINANCE NCp6 -0712-99 WHEREAS, the Federal Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56,31- 136, hereinafter the TelecOIp.munications Act) provides that local governments may not unreasonably discriminate among providers of personal wireless service facilities and may not establish regulations which prohibit or have the effect of prohibiting the provisions of wireless communications services, and allows the Federal Communications Commission (the "FCC") to preempt any such regulations; and WHEREAS, the Telecommunications Act preserves local zoning authority over decisions regarding the placement, construction and modifications of personal wireless service facilities; and WHEREAS, recent changes in telecommunications technology have caused personal wireless service facilities to become a rapidly growing segment of the telecommunications industry; and WHEREAS, the current zoning code for Jefferson County was adopted before appropriate facilities development design standards were in place, and Jefferson County became concerned that uncontrolled location of personal wireless service facilities could have significant adverse effect and cause irreparable harm to Jefferson County; and WHEREAS, on July, 21, 1997, the Jefferson County Board of Commissioners formed a Jefferson County Telecommunications Technical Advisory Committee which established four separate subcommittees one of which was the Strategic Growth Management Subcommittee; and WHEREAS, the Strategic Growth Management Subcommittee transmitted draft information and draft ordinances to industry representatives, held a public meeting on April 2, 1999, and developed a comprehensive, draft ordinance for review by the Planning Commission and Jefferson County Board of Commissioners; and WHEREAS, the responsible SEP A official has conducted SEP A review of the ordinance under the State Environmental Policy Act, RCW 43.21C and made a determination of non-significance and published notice of such in the official County newspaper on March 31, 1999, for which the comment period ended on April 15, 1999, and WHEREAS, Jefferson County solicited comments from six wireless companies that may serve the area, and WHEREAS, on March 17, 1999, the Planning Commission held a duly noticed public hearing on the ordinance; and WHEREAS, on Ari127, 1999, Jefferson County Board of Commissioners held a duly noticed public hearing on the ordinance; and VOI- ?5 'U-Ü)O7 '- I r..", WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999 WHEREAS, Section 332(c)(7)(B)(iv) of the Telecommunications Act states that no state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions; and WHEREAS, Jefferson County's Comprehensive Plan and associated development regulations are designed to ensure that property is developed in a planned manner which protects the rural character, natural beauty, and scenic resources of Jefferson County, preserves property values, and protects the health, safety and welfare of residents and visitors in Jefferson County; and WHEREAS, Jefferson County Board of Commissioners finds that personal wireless service facilities should be reasonably regulated to minimize potential adverse impacts to areas of Jefferson County, particularly residential and scenic areas, to preserve the character of Jefferson County, and to promote the goals and policies ofthe Jefferson County Comprehensive Plan; and WHEREAS, in adopting facilities development design standards, Jefferson County desires to minimize the number of visually obtrusive support structures and to encourage the colocation of facilities; and WHEREAS, while County residents benefit from the convenience of personal wireless service facilities for home and business use as well as from their use in emergency services communications, such facilities have the ability to detract from the rural character, natural beauty, and scenic resources of the County; to cause conflicts between residential property owners regarding placement of such facilities on neighboring property; and to detract from existing patterns of development; and WHEREAS, the Jefferson County Board of Commissioners finds that a design review approach, which encourages and provides incentives for locating personal wireless service facilities in certain areas and/or situations within the County by requiring a less rigorous permit process than is required for other locations, and is coupled with appropriate visual, screening and noise standards, is a rational and sensible way of regulating the placement of such facilities, and serves both the needs of the industry and aesthetic and safety concerns of the County; and WHEREAS, the Strategic Growth Management Subcommittee after reviewing ordinances from other Washington Counties, cities and meeting with industry representatives and industry consultants, determined that specific areas of the County are most conducive to the locating of such facilities due to their high elevation, compatibility with the surrounding development, commercial or industrial nature and/or tower colocation capacities, and will be identified as locations where the siting of facilities would be subject to Uses Permitted Outright, Uses Permitted Subject to Type A Design Review, and Uses Permitted Subject to Conditional Use Review; and WHEREAS, Jefferson County finds that the adoption of a development review process which provides clear development standards will result in an efficient and effective development review process for obtaining land use permits associated with the development of personal wireless service facilities within the County; and '. VOL 2 25 rM,;fjú8 -, - WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 WHEREAS, Jefferson County has concluded that personal wireless service facilities containing noise- generating equipment, including, but not limited to, mechanical cooling and/or air conditioning equipment, should be regulated through performance standards as contained in Chapter 173-60, Washington Administrative Code, which are designed to reduce environmental noise impacts; and WHEREAS, it is in the best interest of the County, its residents and personal wireless service providers that flexibility exist within the regulations to allow the implementation of the County's policies and regulations; and WHEREAS, The Jefferson County Telecommunications Technical Steering Committee, Planning Commission and Board of Commissioners have undertaken a deliberative process to establish policy, standards and procedures related to development design standards which encourage and support personal wireless service facilities, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Jefferson County Wireless Telecommunications Facilities Ordinance is hereby adopted and incorporated into the Jefferson County Code as Chapter 18.42 as set forth below: WIRELESS SERVICES FACILITIES ORDINANCE REGULATING THE LOCATION, PLACEMENT AND DESIGN OF SUCH FACILITIES CHAPTER 18,42 PERSONAL WIRELESS SERVICE FACILITIES Section 18.42.010 Section 18.42.020 Section 18.42.030 Section 18.42.040 Section 18.42.050 Section 18.42.060 Section 18.42.070 Section 18.42.080 Section 18.42.090 Section 18.42.1 00 Section 18.42.110 Section 18.42.120 Section 18.42.130 Section 18.42.140 Section 18.42.150 Section 18.42.160 ~ -~ ----~,-- Purpose, policy, goals and interpretation Scope and applicability - Exemptions Definitions Application submittal and content Compliance with other regulations Colocation Policy Colocation Procedure Wireless Communications Facilities - Types of Uses Design Review Standards Time limitation - Assignment/Sublease Grandfathering of existing facilities Variances Recovery of County costs Abandonment of facilities Enforcement and penalties Severability VOL 3 25 rA~~609 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999 Section 18.42,010 a. b. c. d. Purpose. Policy. Goals. and Interpretation 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.1 04-1 04, 110 State 56, 31-136, codified at 47 US.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 ofthe County's residents and property owners. Intent and Interpretation. These standards are designed to comply 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 broadcast signals, multichannel multi-point distribution services or direct broadcast satellite services, or to unreasonably discriminate among providers of functionally equivalent services. Inconsistencies with Other County Regulations. To the extent that any provision ofthis chapter directly conflicts with any other County ordinance, this chapter shall control. In all other regards, this chapter shall be construed consistently with all other County ordinances, regulations and functional plans. Goals. The goals of this chapter shall be to: 1. Establish development regulations consistent with the Jefferson County Comprehensive Plan, as adopted August 28, 1998 or later amended; 2. Establish personal wireless service facilities development design standards which protect the rural character, natural beauty, and scenic resources of Jefferson County from adverse environmental, noise, and visual impacts; 3 Provide clear and objective approval criteria for locating personal wireless service facilities including structural safety requirements; 4 Facilitate efficient development review of applications for personal wireless service facilities and infrastructure which serve the needs of County citizens and visitors, and promote the goal of universal service; 5 Where technologically and structurally feasible, encourage and facilitate colocation of antennas, support structures and related equipment for wireless communication providers, public service telecommunications, and emergency service telecommunications; 6 Require prompt removal of abandoned facilities; and 7 Encourage the development of personal wireless service facilities on a competitively neutral basis. 4 VOL 25 rAr.;610 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 Section 18.42,020 Scope and Applicability -- Exemptions a. b. Scope. This chapter applies to the location, placement, construction and modification of licensed or unlicensed personal wireless service facilities as defined in this chapter. In addition to any other required permits, all proposals to locate, place, construct or modify a wireless communication facility shall be subject to the appropriate design review standards set forth in this chapter. Exemptions. The following personal wireless service facilities are exempt from the provisions of this chapter: 1. Governmental wireless communication facilities used for temporary emergency communications in the event of a disaster, emergency preparedness and public health or safety purposes; 2. Two-way communication transmitters used by fire, police, and emergency aid or ambulance services; 3. Citizen band radio transmitters and antennas or antennas operated by federally licensed amateur ("ham") radio operators; 4. Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a change in visual impact; 5. Military and civilian radars and marine vessel traffic communication facilities, operating within FCC regulated frequency ranges, for the purpose of defense, marine or aircraft safety; 6, Temporary personal wireless service facilities, provided that the County is notified in advance of the need for such facilities and the duration of their use; 7. Existing facilities, subject to the requirements of Section 18.42.100 ofthis chapter; and Definitions Section 18.42,030 a. General. The words used in this chapter shall have the meaning given in this section. The definition section of Title 18, Chapter 18.15 JCC, as now or later amended, shall also apply. The definition of any word or phrase not listed in this section or in Chapter 18.15 which is in question when administering this chapter shall be defined from one of the following sources. The sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows: 1. The 1996 Telecommunications Act and the implementing FCC regulations; ~ VOL 5 25 fAC;o11 ..- --'--'- WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 b. 2. Any Jefferson County resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master plan or program or other formally adopted land use plan; 3. Any statute or regulation of the state of Washington; 4. Legal definitions from Washington common law or a law dictionary; 5. The common dictionary. Specific Definitions. 1. Alternative structure means any building, roof, water tank, flagpole, steeple, utility pole or other type of structure to which any type of antenna or antenna array and associated equipment are affixed. Any device which is used to attach a antenna or antenna array to an alternative structure is excluded from the definition of and regulations applicable to alternative structures. 2. Antenna means a device commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. An antenna is typically mounted on a support structure, such as a tower, pole, mast, or building, 3. Antenna array means one or more devices, whips, panels, dishes, rods or similar devices used for the transmission or reception of radio frequency signals, microwave or other signals for telecommunications purposes. One or more such devices affixed or attached to a support structure or to an alternative support structure are included in the definition of antenna array. 4. Attached Wireless Communication Facility. A wireless communication facility that is affixed to an existing structure, e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank, utility pole, or light pole, that does not include a new tower. 5. Camouflaged is the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure such as a building, wall, flagpole, street pole, or roof. Camouflage does not mean "invisible", but rather "appearing as part of or exactly like the structure used as a mount" 6. Co location means the placement of two or more antenna systems or platfonns by separate FCC license holders on a support structure or alternative support structure. 7. Concealed means fully hidden when viewed from ground level, adjacent rights-of way, adjacent properties ar viewscapes. For example, a personal wireless service facility is concealed when it is integrated with, or contained within, a structure such as a building, wall or roafthat is not a telecommunications facility. '. VOL 6 25 r~c~ô12 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 8. 9. 10. 11. Director means the director of the Jefferson County Department of Community Development or his or her designee. Equipment enclosure is a structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or back-up power supplies or emergency generators. FCC refers to the Federal Communications Commission. Guyed tower is a monopole or lattice tower that is stiffened or anchored to the ground or other surface by cables. 12. Height is the vertical distance measured from the lowest pre-existing ground level within the footprint of the facility to the highest point on the facility, not including the antenna array. 13. Lattice tower is a framework composed of cables, straps, bars, or braces, forming a tower that may have three, four or more sides. 14. Licensed camer means any person, firm, or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same. 15. Microcell means a wireless communication facility meeting the following definition set forth in WAC 197-11-800 (27) SEP A Rules: Consisting of an antenna that is either no more than four feet in height and with an area of not more than five hundred eighty square inches or, if a tubular antenna, no more than four inches in diameter and no more than six feet in length. 16. Monopole is a vertical self-supporting structure consisting of a single vertical pole that is typically round or flat-sided. The term "monopole" also includes the attached panel, parabolic or whip antenna or antenna array. 17. Mount means any mounting device or bracket that is used to attach an antenna or antenna array to a support structure or alternative structure. 18. Temporary personal wireless service facility is a non-permanent personal wireless facility installed for a limited period of time, does not have a permanent foundation, and is placed in use for the purpose of evaluating the technical feasibility of a particular site for placement of a personal wireless facility or for providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare. Examples include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility. , VOL 7 25 fAr; 613 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 20. 21. 19. Tower as used in this chapter is a structure designed and constructed specifically to support an Antenna Array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device that is used to attach an antenna or antenna array to an existing support structure is excluded from the definition of and regulations applicable to towers. Wireless Communication Facility. A WCF is a non-staffed facility for the transmission and/or reception of radio frequency (RF) signals, usually consisting of an Antenna Array, equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support or alternative support structure, antennas or other transmission and reception devices. Wireless Communications shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. Section 18,42,040 Application Submittal and Content Submittal Requirements. In order to be considered a complete application, all applications for a wireless communication facility shall be subject to the general application requirements of the Jefferson County Land Use Procedures Ordinance No. 04-0828-98 and the following additional requirements: a. .. 2. 3. 1. Name, address, and telephone number of the applicant and all co-applicants as well as any representative for the applicant or co-applicants. a) The wireless communication service provider shall be the applicant or co-applicant. The applicant shall demonstrate 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 antenna or tower. b) Co-applicants shall include the record landowner of the subject property, or lease, easement or property license holders, and any utility providers owning utility poles upon which facilities are proposed to be located. The name and telephone number of a person responsible for the facility, capable of responding immediately. A recorded survey of the subject parcel. VOL 8 25 rAr,; 614 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999 4. A County-wide map showing the location of the proposed facility and the location of any existing facilities of the applicant within the County. The map shall identify the location of all towers and alternative structures by latitude and longitude and be provided in a computer data format that is compatible with the Jefferson County IDMS system. 5. A vicinity map depicting the area immediately around the proposed site, showing the comprehensive plan land use designation, the zoning designation, and the property lines of the subject property and of all immediately adjacent properties as depicted on the current Jefferson County Assessor's maps. 6. A list of tax parcels and their owners prepared by a title company for all properties for which public notice is required pursuant to this chapter. 7. A site plan depicting the proposed and existing improvements on the property. The site plan shall include a plan view and elevations, and contain the following information, as applicable: dimensions and shape of lot; dimensions and location of existing and proposed buildings and structures, including setbacks, and a notation oftheir purpose (e.g., residential buildings, garages, accessory structures, etc.); adjacent street names and all proposed points of access and parking layout; preliminary grading plan depicting proposed and existing grades; storm drainage; elevations for all proposed improvements on the site; utilities; easements and deed restrictions; and any other built or natural features restricting use of the property. Additional information regarding the surrounding topography, tree coverage and foliage may be required as necessary to review applications subject to Type A review by the Community Development Director and Type B review by the Hearing Examiner. 8. A written description of the proposed facility and the building or structure upon which it is proposed to be located, including the technical reasons for the design and configuration of the facility, as well as design information and dimensional information (e.g., equipment brochures, color and material boards, etc.). 9. Information necessary to determine the intended service area of the facility which may include a map of the intended service area. 10. For applications that propose construction of new wireless communications towers in rural residential or commercial crossroads districts or agricultural lands, photographic views from significant points in the "viewshed" showing the existing appearance and photo simulations depicting the appearance after the proposed facility is installed. 11. A landscape plan consistent with Section 18.42.090 Design Review Standards, VOL 9 25 r~f,~615 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999 12. For all applications that require conditional use review, a written analysis by the applicant, including appropriate analysis by a qualified telecommunications engineer, describing the proposed location within the geographic service area; the good faith efforts and measures taken to secure a location where the facility would be permitted outright; how and why such efforts were unsuccessful; and, how and why the proposed site is essential to meet service demands for the geographic service area. 13. For all applications for new towers that do not propose co location of facilities, the applicant shall comply with the Colocation Protocol as set forth in Section 18.42.070 of this chapter. b. Cost of Submittals. All application requirements shall be at the applicant's own expense. All applications shall be accompanied by a non-refundable application fee as further set forth in JCC Appendix VI. Permit Center, Development Review Division Fee Schedule. c. The Director shall determine when and if the application for a wireless telecommunication facility is complete based on the requirements ofthe Jefferson County Land Use Procedures Ordinance No. 04-0828-98, Section 11 Determination of Completeness. Section 18,42,050 Compliance with Other Reeulations a. Compliance with other Regulations. All construction of personal wireless service facilities shall also be subject to the requirements ofthe County building code, Chapter 15.05 JCC, and all codes adopted by reference in Chapter 15.05.030 JCC including, but not limited to, the Uniform Building Code (UBC), the Electrical Code (NEC), the requirements of the National Electronics Industries Association / Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" and any additional applicable standards published by the Electronics Industries Association, the Uniform Fire Code; the Jefferson County Critical Areas Ordinance No. 05- 0509-94 as amended by Ordinance No. 14-0626-95; and the Jefferson County Shoreline Management Master Program. b. Emergency Response System. All personal wireless facilities service providers shall be integrated into the local emergency response system. c. Right-of- W ay Facilities. All facilities located in any developed or undeveloped public road or right-of-way shall be governed by the applicable sections of the Jefferson County Code and related policies governing the placement of utilities and other facilities in public rights-of-way including, but not limited to, Chapter 12.15 JCe. Section 18.42,060 Colocation Policy a. The number of wireless communication towers shall be minimized to the greatest extent feasible through colocation of wireless communications facilities and attachment of wireless communications antennas to existing alternative structures. 10 25 r~uô1B VOL WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 b. Installation of Accessory Equipment Shelters. Any provider who is authorized to colocate on an existing tower or alternative structure as provided above shall also be authorized to install any necessary accessory equipment shelter and related equipment at or near the base of the tower or alternative structure or within the structure, provided that the equipment shelter and related equipment comply with the development standards (i.e. setbacks, height limitations, bulk, landscaping and screening, etc.) of the applicable zone as set forth in the Chapter 18.60 JCC and the wireless facility design standards as set forth in Section 18.42.090 ofthis ordinance. c. Preserving Landscaping and Buffering. To the greatest extent practicable landscaping that was required as a condition of approval of a wireless communication facility should not be removed in order to construct an accessory building or equipment for an additional colocated facility. If any such landscaping is removed, the applicant shall be required to replace it with the equivalent quantity and type of landscaping in a manner to achieve the original intent. Section 18.42,070 Colocation Procedure Colocation of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit applications, providers will be able to investigate all reasonable accommodations and maximize opportunities for colocation. This section establishes a process that will enable providers to equitably share publicly available, nonproprietary information among themselves, with interested persons and agencies, and with Jefferson County at the time the provider schedules a pre-application conference. a. Pre-Application Requirement. A pre-application conference is required for all proposed new towers. b. Request Letter Requirement. At the time a pre-application conference is scheduled, the applicant shall demonstrate that the following notice was mailed to all other wireless providers licensed to provide service within Jefferson County: "Pursuant to the requirements of the Jefferson County Wireless Telecommunications Facilities Ordinance, Chapter 18.42, JCC, (wireless provider legal name here) is hereby providing you with notice of our intent to meet with the Jefferson County Department of Community Development for a pre-application conference to discuss our proposal to construct a wireless communication facility tower at (general location and section, township and range). We propose to construct a - feet high tower for the purpose of providing (cellular. PCS. etc.) service. Please inform us whether you have any existing or pending wireless facilities located within (distance in feet) of the proposed facility, that may be available for colocation opportunities. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated. Sincerely, (pre-application applicant, wireless provider)." Copies of all responses to the request letter shall be submitted to the County and made a part of the application file. VOL 215 w,;ô17 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 c. To Analyze the Feasibility of Colocation. If a response to a colocation request letter is received by an applicant indicating an opportunity for colocation, the applicant shall make a good faith effort to analyze the feasibility of colocation. This analysis shall be submitted with an application for any new tower. A good faith effort to investigate the feasibility of colocation shall be deemed to have occuITed if the applicant submits all ofthe following information: 1. A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by colocation at the potential colocation site; 2. Evidence that the lessor of the potential colocation site either agrees or disagrees to colocation on their property; 3. Evidence that adequate site area exists or does not exist at the potential co location site to accommodate needed equipment and meet all of the site development standards; 4. Evidence that adequate access does or does not exist at the potential colocation site; 5. Non-proprietary technical information to evaluate the feasibility of colocation. d. A covenant of good faith and fair dealing shall be a condition of any permit for a new wireless facility tower issued under this chapter. In the event that a dispute arises as to whether an applicant has exercised good faith related to an offer of colocation by another provider, the County may require a third-party technical study at the expense of the applicant. Section 18.42,080 Wireless Communications Facilities-Types of Uses Certain areas of the County are more appropriate than others for the location of wireless communication facilities because ofthe existing development in the area or on a site, the types of buildings already existing at the location, the existence of similar or compatible facilities at the particular location, the commercial or industrial zoning designation of the area, and/or the suitability of the particular location based on the technical requirements of the wireless telecommunications services industry. Locating facilities in such areas can reduce adverse visual and aesthetic impacts of wireless communication facilities and enhance the health, safety and welfare of County residents. The type of wireless communication facility and its size may also result in differing impacts. Wireless facilities that require construction of new towers may have greater impacts than facilities that colocate antennas on existing towers or alternative structures. Wireless facilities that are mounted on new towers that are greater than 60 feet in height may have greater impacts than facilities that are mounted on support structures 60 feet or less in height. The appropriate type of review for wireless communications facilities applications shall therefore be based on the zoning district ofthe proposed site and the nature and size ofthe proposed facility as set forth in the Jefferson County Emergency Interim Control Ordinance Section 13, Table 13-1 Permitted and Conditional Uses and further described below. VOL 12 25 rA~~ 618 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 a. b, c. Uses Permitted Outright. The following wireless communications facilities shall be permitted outright, subject to the appropriate Wireless Communications Facility Design Review Standards set forth in Section 18.42.090: 1. Attached or colocated wireless communications facilities on existing structures in designated forest lands and all commercial and industrial districts. 2. Attached or colocated wireless communications facilities on existing structures in all residential districts that are microcells as defined in WAC 197-11-800 (27) SEP A Rules, provided they are not attached to a school or residence. 3. Wireless communications facilities with new towers less than 60 feet in height in designated forest lands and all industrial districts except Resource-Based Industrial Zones. Uses Subject To Type A Land Use Review. The Director shall review the following uses as a Type A Land Use Application, subject to the appropriate Wireless Communications Facility Design Review Standards set forth in Section 18.42.090: 1. Attached or colocated wireless communications facilities on existing structures in all residential districts that are not micro cells as defined in WAC 197-11-800 (27) SEP A Rules or that are micro cells attached to a school or residence. 2. New wireless facility towers less than 60 feet in height in all residential and commercial districts and Resource-Based Industrial Zones. 3. New wireless facility towers 60 feet or more in height in designated forest lands and all industrial districts except Resource-Based Industrial Zones. Uses Subject To Type B Land Use Application Review as conditional uses. The Hearing Examiner shall review the following uses as a Type B Application, subject to the appropriate Wireless Communications Facility Design Review Standards set forth in Section 18.42.090: 1. New wireless facility towers 60 feet or more in height in all residential and commercial districts and Resource-Based Industrial Zones. 2. All wireless communications facilities in designated agricultural lands. 13 VOL 25 rAc;ô19 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 Jefferson County Emergency Interim Control Ordinance Section 13 Table 13 Permitted and Conditional Uses: Wireless Communication Facilities District CC NVC GC BVCNC LC LI HI R-5 R-1O R-20 C Use Conven N'brhd Genl. Rural Light Light Mill Res-5 Res- Res- ience Visitor Com. Village Industrial Indust Heavy acres 10 20 Cross Cross Cross Cntr / Vill / Assoctd. Indust. acres acres roads roads Roads Comm. Comm. Cntr. Wireless Communication ..J ..J ..J ..J ..J ..J ..J ..J(A) * ..J(A) * ..J(A) * Facilities - Attached or colocated Wireless Communication ..J(A) ..J(A) ..J(A) ..J(A) ..J ..J ..J ..J(A) ..J(A) ..J(A) Facilities - New towers, less than 60 feet in height. Wireless Communication C C C C ..J(A) ..J(A) ..J(A) C C C Facilities - New towers, 60 feet or more in height Notes: ..J - Permitted outright, subject to Building Permit and design standard review. ..J(A) -Type A Land Use review. C - Conditional Use Review. *- Microcell antennas as deemed in WAC 197-11-800(27) that are exempt from SEPA review shall be permitted outright. Section 18,42,090 Desi~n 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, a. Wireless Facility Design Review Standards-General 1. 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. 2. 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 Section 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. VOL 25 rA[,~6~O WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 3. Tower lighting shall not be allowed except as required by the FAA. 4. 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. 5. Fencing and Security. Wireless facility towers and accessory equipment shall be enclosed by a minimum six feet high security fence, as required for public safety, 6. Equipment Enclosures. a) Ground mounted equipment enclosures shall be the smallest size practicable. b) Equipment enclosures mounted on alternative structures shall not extend more than 6 feet above the height of adjacent portions ofthe 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 a building, equipment enclosures shall either be concealed or camouflaged with a design that is architecturally compatible with the building. 7 Noise generated by a wireless facility shall not exceed the maximum environmental noise levels set forth in Chapter 173-60, Washington Administrative Code, as it is now in effect or hereafter amended. 8. Landscaping and Screening a) A landscaping plan shall be submitted with all applications for towers and equipment enclosures in commercial and residential districts and in agricultural lands. Landscaping shall be placed outside the security fence and shall consist of fast growing vegetation with a minimum planted height of six feet, placed so as to form a solid hedge within two years of planting. b) Existing vegetation that conceals or screens a proposed facility from view (including antennas, towers, and equipment enclosures) shall be preserved to the greatest extent feasible consistent with the operation ofthe 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. VOL 125 w,; 6~1 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 9 12. 13. b. c) If it is not possible to achieve adequate screening by preserving vegetation on the site, the wireless facility provider shall lease or secure an easement for additional land to preserve existing significant vegetation or to allow the planting of additional vegetation. Camouflage, and Concealment. Wireless communications facilities shall blend with and not disturb the visual character of their settings to the greatest extent practicable. 10. 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. 11. 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 infonnation or in the event of an emergency shall be posted at the site. 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. Antenna Mounting a) Roofmounted antennas and/or antenna arrays located on alternative structures shall be concealed when viewed from ground level adjacent to the structure unless this is not technically feasible, in which case the antennas or antenna arrays shall be camouflaged to the extent practicable. b) Side mounted antennas shall be mounted flush on the exterior wall of the building and not project above the wall on which it is mounted. Ifthis is not technically possible, such antennas shall either be concealed or camouflaged into the building design to the extent practicable. Wireless Facility Design Review Standards-Conditional Uses In addition to the Wireless Facility General Design Review Standards set forth above, wireless communication facilities subject to conditional use review shall comply with the following design review standards: yoe 16 25 d(.:fJ22 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 1. Protecting Points of Visual Interest: Views toward the following points of visual interest from residential structures located within 250 feet of a proposed wireless communication facility subject to conditional use review shall be protected from significant degradation to the greatest extent practicable: a) Mountains b) Marine Waters and Shorelines c) Public Parks and Significant Public Open Spaces d) Historic Structures The applicant for a conditional use wireless communication 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 ofthe proposed facility. 2. Methods for Protecting Points of Visual Interest: The following options may be used to protect the points of visual interest listed above: a) Use alternative facility designs and locations on the parcel to minimize the degradation of views from residences to the point of visual interest. b) Maintain existing trees and shrubs on the site and/or provide additional landscaping. c) 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. 3. 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: a) There are no other locations within the same parcel where the visual effects would be less. b) Colocation or attachment on an alternative structure within the service area is not feasible. c) Development on an alternative site with decreased visual effects within the service area is not feasible. 17 VOL 25 rM,;ô23 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 Section 18.42,100 Time Limitation - Assi~nmentJSublease a. Time Limitation. A land use permit for a wireless facility shall automatically expire and become void if the applicant fails to obtain a building permit within one year ofthe effective date of the permit. The Director may extend the permit for a period of one year, provided that the applicant files a written request for extension not less than 60 days prior to the expiration that specifies good cause for the extension. b. Permit Transferable - Assignment/Sublease of Permitted Sites. If a provider transfers, assigns, or subleases a wireless communication facility, a copy ofthe land use agreement and FCC license shall be submitted in writing to the Director, as well as the name and telephone number of a person responsible for the facility, who is capable of responding immediately. Section 18.42.110 Grandfatherin~ of existinl: facilities All facilities existing on [Insert - the date of passage of this chapter] shall be allowed to continue as they presently exist and will be considered non- conforming uses where they do not conform to this chapter. Routine maintenance shall be allowed; however, any physical change or alteration to the appearance, size or operation of the facility shall be subject to the appropriate review requirements of this chapter. Section 18.42,120 Variances Any applicant may request a variance from the requirements established by this chapter. Such request shall be processed according to the procedures and criteria for variances in the Jefferson County Zoning Code, Chapter 18.85 Variances JCe. In granting any variance the Hearing Examiner shall also find that: (1) there are no significant aesthetic or safety effects on adjoining properties as a result of the proposed variance; and (2) in the case of a historic building or structure, the variance will provide for effective concealment or camouflaging of the facility. Section 18.42,130 Recovery of County costs Each permit granted pursuant to this chapter is conditioned on the requirement that the permittee reimburse the County for all direct and indirect expenses reasonably incurred related to the application review or to the modification or amendment of the permit. Section 18,42.140 Abandoned facilities a. Abandoned facilities. A wireless communication facility which has been unused for a period of 180 consecutive days is hereby declared abandoned. Abandoned facilities shall be removed by the property owner within 180 days from date of abandonment. Failure to remove an abandoned facility shall be considered a public nuisance subject to penalties. Upon written application, prior to the expiration of the 180 day period, the Director shall in writing grant a 180 day extension for reuse ofthe facility. Additional extensions beyond the first 180 day extension may be granted by the Director, subject to any conditions required to bring the project or facility into compliance with current law(s) and make it compatible with surrounding development. VOL ~5 rAu6l4 WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999 Costs. If an abandoned facility is not removed within 180 days or a longer period of time determined in writing by the Director, the County shall have the authority to enter the property and remove the facilities. All reasonable and documented costs of such removal shall be charged to the provider and/or landowner of record. b. Section 18,42,150 Enforcement and penalties Enforcement and penalties for violations of this chapter shall be subject to Chapter 18.115 JCC or as hereinafter amended. Section 18.42,160 Severability If any clause, sentence, paragraph, Section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part ofthis ordinance. To this end, the provisions of each clause, sentence, paragraph, Section or part ofthis law are declared severable. SECTION 2, This ordinance shal~e effect 30 days following adoption by the Jefferson County Board of Commissioners on .[r,te:f J /) , 1999. I ¡;2 't-' day of :::) 4 JEFFERSON COUNTY BOARD OF COMMISSIONERS PASSED and ADOPTED this ~, """",,::-:,'i CO ~II " ~ ',\"" I """'\)~ J' .' '" ' . ,,(,¡. ~.- (;, .... " .. I ~" ~.'.1.;.t' .- --.... ',~ /: '. ",,' . Y7""." ." SEAL~: 'N >J.~~\, . ,), ': '" ., - '. ("';""" ,I ., .' , ' ~ /' ~.\ :¡ . . . .' ATTEST;" I \ ~-':'~'..' ". j . " . , . , "-- ..'~,,\ .... " , ~ , r¡~ \) '\ ,1999. ( Ex ~iL5.ed I~hs~,n u.) Dan Harpole, Chairman ~~~~ ~'OL 19 25 '~r-6Ç}5 " ", t:,.