Chapter 18.46
WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES
Sections:
18.46.030 Duties of wireless telecommunication providers.
18.46.040 Use of existing structures.
18.46.050 Verification that use of existing support structures is not possible.
18.46.060 Construction of new wireless telecommunication towers.
18.46.070 Factors considered by the planning commission.
18.46.080 Required conditions for transmission tower.
18.46.100 Abandonment and removal.
18.46.110 Failure to comply with all requirements.
18.46.010 Purpose.
The purpose of this section is to regulate the placement of wireless telecommunication facilities in a manner consistent with the provisions of applicable law and the city of Asotin zoning ordinance. (Ord. 01-598 § 1, 2001)
18.46.020 Definitions.
For the purposes of this chapter, the following words shall have the same meanings indicated unless the content clearly requires otherwise:
A. “Antenna” means a device used in the sending and receiving of electromagnetic waves.
B. “Co-location” means the use of a single wireless telecommunication tower or other support structure by more than one wireless telecommunications service provider.
C. “Equipment enclosure” means a small structure, shelter, cabinet, or vault designed for or used to house or protect the electronic equipment necessary and/or desirable for processing wireless telecommunications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators.
D. “Support structures” means any structure designed or used to support wireless telecommunication transmission or reception devices, including “towers” as further defined herein.
E. “Tower” means any structure or device designed, constructed and/or erected and used to attach or otherwise affix an antenna(s) that exceeds 20 feet in height from the base of the structure. Residential, commercial, agricultural, or utility buildings and utility poles shall not be considered towers; however, “tower” shall include structures or devices erected on or attached to such buildings, poles, or structures which increase the total height of by more than 20 feet.
F. “Wireless telecommunication facility” means a facility for the transmission and/or reception of radio frequency signals, usually composed of an equipment structure, a support structure, transmission and/or reception devices consisting of linear or parabolic or other antennas, and related equipment.
G. “Wireless telecommunications provider” means any person or entity that provides wireless telecommunications service through the use of wireless telecommunications facilities, whether or not such facilities are owned by or under control of such provider.
H. “Wireless telecommunication service” means the providing of transmittal and reception of voice, data, image, graphic, and other information by the use of wireless telecommunications facilities. This item includes any personal wireless telecommunication service as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhances specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. (Ord. 01-598 § 2, 2001)
18.46.030 Duties of wireless telecommunication providers.
All wireless telecommunication providers operating or using wireless telecommunication facilities in the city of Asotin shall file a statement with the city of Asotin planning and zoning commission by December 31st of each year. The report shall state whether the wireless telecommunication provider is continuing to use its facilities and, if so, verify that it remains in compliance with all applicable federal/state rules and conditions set forth in any applicable conditional use permit. This annual report shall also include the number of antennas and the location of each antenna in the city of Asotin, and documentation demonstrating that the provider is licensed in good standing by the Federal Communications Commission (FCC). Failure to comply with these duties shall be subject to the provisions of AMC 18.46.110. (Ord. 01-598 § 3, 2001)
18.46.040 Use of existing structures.
A. All wireless telecommunication providers shall make reasonable attempts to co-locate on legally existing support structures before applying for a conditional use permit to build a tower. The installation or location of antennas on legally existing support structures shall be considered a conditional use in all zones within the city of Asotin zoning ordinance.
B. Placement of transmission or reception devices on legally existing support structures shall comply with the following:
1. Prior to installation or operation of the equipment, the applicant must complete and return the application form provided by the planning and zoning commission along with the application fee and the following documents:
a. Documents demonstrating landowner authorization and necessary easements have been obtained;
b. Plans showing how vehicle access will be provided;
c. Documentation demonstrating that no additional lighting is required by the FAA; and
d. Map showing the area of coverage that will be provided by the transmission of the proposed antenna(s).
2. Prior to use of the antenna(s):
a. Documentation demonstrating the provider is licensed in good standing by the Federal Communications Commission (FCC) must be provided to the planning department;
b. If equipment enclosures will be located on the ground, a six-foot-minimum high sight-obscuring fence shall be constructed and completely surround the equipment enclosure to secure and screen the equipment and base of structure; and
c. A warning sign no larger than three square feet and no smaller than two square feet must be placed on the fence or access gate. It must contain the name of the owner of the tower and operator of the facility, a phone number for cases of emergency and any other information required by law. (Ord. 01-598 § 4, 2001)
18.46.050 Verification that use of existing support structures is not possible.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning and zoning commission that no legally existing support structure is available or can accommodate the proposed antenna(s) based on:
A. Testimony or written verification:
1. By a Washington State licensed engineer that the legally existing support structures located within the geographic area are not of sufficient size or structural strength to meet the applicant’s reasonable engineering requirements;
2. That no legally existing structure is located within the geographic area which meets the applicant’s reasonable engineering requirements;
3. That use of the legally existing structure would cause electromagnetic interference with the existing antennas or the proposed antenna(s);
4. That co-locating on a legally existing support structure would violate the RF emissions set by the FCC; and/or
5. That there are other limiting factors that render legally existing support structures unsuitable.
B. That the fees, costs, or contractual provisions required by the owner of an existing support structure are unreasonable. (Ord. 01-598 § 5, 2001)
18.46.060 Construction of new wireless telecommunication towers.
A. A conditional use permit is required for the placement of and co-location of wireless telecommunication towers, antennas, and related support structures in all zones indicated by the city of Asotin zoning ordinance.
Priority of tower placement within zones shall be as such: agriculture, rural residential, ag-transition, public/semi-public, heavy commercial, light commercial, high-intensity residential, low-intensity residential.
B. Conditional use permits for wireless telecommunication towers, antennas, or support structures are subject to the following standards and requirements:
1. All applicants must complete a conditional use permit application for the construction of a wireless telecommunication tower. The application must be signed by all legal landowners of the property, the applicant, and proposed tower owner.
2. The following documents must be attached and submitted along with the application:
a. A legal description of the parcel of land in which the proposed tower is to be located. This legal description shall include all real property described on the deed of conveyance most recently recorded for that parcel.
b. A detailed drawing of the tower with the height specified.
c. The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate.
d. A signed agreement with the city of Asotin stating that the applicant will allow co-location with other users and that any future owners or operators will allow co-location on the tower. Said agreement shall be recorded with the Asotin County auditor’s office.
e. Documents demonstrating to the satisfaction of the planning and zoning commission that the necessary easements have been obtained, as well as plans showing how vehicle access will be provided.
f. Documents demonstrating that the applicant has complied with FAA requirements (FAA Form 7460-1) as well as a diagram showing the placement and type of lighting that will be used if required by the FAA, or documentation demonstrating that no lighting is required and verifying that none will be used.
g. Evidence satisfactorily demonstrating to the planning and zoning commission that use of an existing support structure is not possible pursuant to AMC 18.46.050.
h. A map showing the area of coverage provided by the transmission of the proposed antenna(s). (Ord. 01-598 § 6, 2001)
18.46.070 Factors considered by the planning commission.
A. In addition to the conditional use permit criteria, the planning and zoning commission shall take the following considerations into account when deciding whether to grant a conditional use permit for a wireless telecommunication tower:
1. Whether or not the wireless telecommunication provider has attempted in good faith to co-locate or use an existing structure in the county;
2. Whether the height, design, and any proposed future modification of the wireless telecommunication facility, will reduce or eliminate visual obtrusiveness to the greatest extent feasible and practical;
3. Whether is has been demonstrated the tower will have a negative impact of nearby property;
4. Whether or not the existing land use of the proposed site is unique to that land;
5. Whether any lighting required by law may pose an unreasonable nuisance at the proposed site. (Ord. 01-598 § 7, 2001)
18.46.080 Required conditions for transmission tower.
The following are required conditions for the approval of the construction of towers and shall appear in any conditional use permit approved for such use:
A. All towers must be built so as to allow for a total of at least four wireless telecommunication providers to co-locate on the tower.
B. Newly constructed tower (approved after adoption of the ordinance codified in this chapter) shall be located no closer than a two-mile radius from another tower, unless otherwise determined by the requirements specified in AMC 18.46.050.
C. All towers must be set back a minimum of 150 percent of the height of the tower from any public road, or inhabitable structure, residence, commercial, or public building.
D. If equipment enclosures will be located on the ground, a six- to seven-foot-high fence of wood, masonry, or privacy slats completely surrounding the equipment enclosure is required to secure and screen the equipment and structure.
E. A warning sign no larger than three square feet and no smaller than two square feet must be placed on the fencing access gate. It must contain the name of the tower and operator of the facility, and a phone number for cases of emergency as well as any other information required by law.
F. Any tower/structure shall be finished in a nonreflective neutral color or as otherwise specified by the planning and zoning commission.
G. No ladder rungs or climbing pegs on towers shall be allowed within 20 feet off the ground unless shrouded or locked.
H. No tower with guyed wires are allowed.
I. No lighting of antennas or antenna support structures except as required by the Federal Aviation Administration.
J. Prior to turning on the antennas, or using them, the applicant must submit documentation demonstrating the provider is licensed and is in good standing with the Federal Communications Commission (FCC).
K. Compliance at all times with any applicable laws or regulations including the city of Asotin zoning ordinance.
L. All applicants granted a permit under this section shall cooperate and negotiate in good faith with other providers or tower owners in efforts to co-locate. Such good faith shall include sharing technical information to evaluate the feasibility of co-location. Such technical information is limited to necessary information to evaluate the feasibility of co-location.
1. If a provider is denied the opportunity to co-locate by a tower owner or operator with a conditional use permit granted under this chapter, the denied party shall obtain a technical study showing co-location is possible from an independent third party prior to consideration for a permit. If the study concludes co-location may occur without impairment to the existing operator(s), the tower owner shall be charged the expense of the study and co-location shall be permitted at such a reasonable fee, not to exceed the fair market value as the parties may agree.
2. In the event that the parties are unable to agree as to what is fair market value, the parties shall notify the planning department of such in writing and shall then select a Washington State certified appraiser within 30 days, at the expense of both parties. The determination of fair market value by such appraiser shall be binding on the parties. Failure of a tower to allow co-location at a reasonable fee on reasonable terms shall result in the immediate revocation of the owner’s conditional use permit. (Ord. 01-598 § 8, 2001)
18.46.090 Performance bond.
A. The planning and zoning commission may, as a condition to granting a conditional use permit, require a tower owner to provide a removal or performance bond in such amount as the planning and zoning commission estimates it would cost to remove such tower and facilities and bring the location back to its original state or better in the event of abandonment or otherwise pursuant to AMC 18.46.100.
B. The bond shall be executed by a surety company or companies duly authorized to do business in this state and approved by the city of Asotin. The tower owner shall insure that said bond remains in full force and effect at all times and shall demonstrate proof of the same, satisfactory to the city of Asotin, prior to building, or issuance of a building permit for the tower in each annual statement to the planning and zoning commission by December 31st of each year. The bond shall name the city of Asotin as the payee.
C. The bond shall not be canceled by any party without 90 days’ advance notice to the city of Asotin planning and zoning commission. Such notice of intended cancellation prior to satisfactory removal of the tower, antennas, and related facilities is a violation of the conditional use permit and the city may immediately demand and receive payment in full on said bond.
D. In any action brought to enforce the bond herein, or against the tower owner for failing to maintain the payment on the bond, the prevailing party shall be entitled to recover reasonable attorney fees and court costs.
E. Enforcement by performance or removal bond is nonexclusive and in addition to any and all other remedies available at law or in equity. (Ord. 01-598 § 9, 2001)
18.46.100 Abandonment and removal.
A. Any tower that has had no operating antenna mounted upon it for a period of 120 consecutive days shall be considered abandoned. The tower owner or landowner thereof shall:
1. Remove any such tower and any accompanying equipment enclosure within 90 days of abandonment; and
2. Remove all concrete foundations, pads, etc., to a depth of two feet below existing grade unless the current property owner requests that they remain as is; and
3. Bring the location of the removed facility back to its original state, or better.
B. The tower owner or landowner may during the 90 days apply and, for good cause shown, have granted an extension of time on such terms as the planning department shall determine.
C. If such structure, equipment, and pads (as stated above) are not so removed within said 90 days or any extension thereof, then the county has the right without further notice to enter upon the land and remove and abate such structure(s) at the expense of the tower owner or landowner, which may be collected by any remedy available by law.
D. In the event that more than one wireless telecommunications provider is using the support structure, then this provision shall not become effective until all users cease transmitting from the structures. (Ord. 01-598 § 10, 2001)
18.46.110 Failure to comply with all requirements.
Failure to comply with any conditions set forth in this section and all applicable sections, federal and state laws will result in immediate revocation of the wireless telecommunication providers permit(s) and require removal of their antenna(s), tower, and/or related equipment is applicable and in accordance with AMC 18.46.100. Procedures for appeals are as outlined in this title, AMC 18.80.060. (Ord. 01-598 § 11, 2001)