Chapter 18.43
WIRELESS SERVICE FACILITIES

Sections:

18.43.001    Purpose.

18.43.002    Policy statement.

18.43.003    Exemptions.

18.43.004    Site selection criteria.

18.43.005    Priority of locations.

18.43.006    Siting priority on public property.

18.43.007    Permits required.

18.43.008    Design criteria.

18.43.009    Landscaping requirements.

18.43.010    Inspection requirements.

18.43.011    Nonuse/abandonment.

18.43.012    Third-party review.

18.43.013    Special use permits.

18.43.014    Eligible facilities modifications.

18.43.001 Purpose.

(1) These standards were developed to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced telecommunications services in the town. These standards were designed to comply with the Telecommunications Act of 1996, the Spectrum Act (Title VI of the Middle Class Tax Relief and Job Creation Act of 2012), and subsequent federal regulatory rule adoptions and amendments. The provisions of this title are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting wireless services. This title shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services.

(2) To the extent that any provision of this title is inconsistent with or conflicts with any other town ordinance, this title shall control. Otherwise, this title shall be construed consistently with the other provisions and regulations of the town. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.002 Policy statement.

(1) General. As stated above, the purpose of this chapter is to establish general guidelines for the siting of antenna support structures, equipment buildings, and antennas. The goals of this chapter are to: (a) enhance the ability of wireless service providers to provide such service throughout the town quickly, effectively, and efficiently; (b) encourage wireless service providers to co-locate on new and existing sites, when technologically feasible; (c) encourage wireless service providers to locate facilities, to the extent technologically feasible, in areas where the adverse impact on town residents is minimal; and (d) encourage wireless service providers to configure facilities in a way that minimizes any significant adverse visual impact. Accordingly, the town council finds that the promulgation of this chapter is warranted and necessary:

(a) To manage the location of facilities in the town;

(b) To protect residential areas and land uses from potential adverse impacts of towers and antennas;

(c) To minimize adverse visual impacts of facilities through careful design, siting, landscaping screening, and innovative camouflaging techniques;

(d) To accommodate an increased need for facilities to serve the wireless communications needs of town residents;

(e) To promote and encourage co-location on existing and new facilities as an option rather than construction of additional single-use facilities, and to reduce the number of such structures needed in the future;

(f) To consider the public health and safety of facilities to the extent permitted by law; and

(g) To avoid potential damage to adjacent properties through sound engineering practices.

(2) Compliance Required.

(a) New Uses. All new antennas and wireless service facilities shall comply with this chapter after the date of passage.

(b) Existing Uses. All antennas and wireless service facilities existing on the date this chapter was passed shall be allowed to continue as they presently exist, but will be considered nonconforming uses and structures. Routine maintenance shall be permitted on existing antennas, subject to conformance with all other applicable permit requirements. However, new construction other than routine maintenance on existing antennas, buildings or other facilities shall comply with the requirements of this chapter. Notwithstanding anything in this section to the contrary, any proposed modifications that qualify as eligible facilities requests pursuant to 47 CFR 1.6100 shall be processed according to 47 CFR 1.6100 (or as hereafter amended) and HPMC 18.43.014. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.003 Exemptions.

The following are exempt from the provisions of this chapter and shall be allowed outright within the town, without a site development or special use permit for wireless service facilities:

(1) Wireless radio utilized for temporary emergency communications in the event of a disaster;

(2) Radar systems for military and civilian communication and navigation;

(3) Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property;

(4) Routine maintenance or repair of a wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers or buildings); provided, that compliance with the standards of this chapter are observed;

(5) Emergency repair and emergency maintenance; provided, that the building official shall be notified of the necessity for emergency repair or emergency maintenance at the earliest possible time prior to effecting the repair. In the event emergency repair is immediately necessary and such notification cannot be made during working hours, the building official or alternate town official shall be notified no later than 10:00 a.m. of the next working day following the date the emergency repair or emergency maintenance was made. A building permit shall be obtained for all emergency repair or emergency maintenance work subject to the requirements of Chapter 15.10 HPMC, and/or the requirements set forth in this chapter. If a building permit is required, a complete application for a building permit shall be filed no later than 15 days following the date the emergency repair or emergency maintenance was begun;

(6) A COW or other temporary wireless telecommunication facility shall be permitted for a maximum of 90 days or during an emergency declared by the town as a result of a natural disaster. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.004 Site selection criteria.

(1) Any applicant proposing to place a wireless service facility, construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering or other technical evidence that the antenna or facility must be located on the site to satisfy network deployment objectives. Further, the applicant must demonstrate by engineering or other technical evidence that the height requested is the minimum height necessary to fulfill the site’s function.

(2) Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider, or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.

(3) Location and design of wireless service facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.005 Priority of locations.

(1) The order of priorities for locating new wireless service facilities shall be as follows:

(a) Place facilities on public property; and

(b) Place facilities within appropriate rights-of-way and upon existing structures such as public buildings and light standards.

(2) An applicant may locate facilities on private property only under the following circumstances:

(a) The applicant shall demonstrate that a diligent effort has been made to locate the proposed facilities on public property, within the rights-of-way, or upon a public facility or other appropriate existing structures within and without the town, and that due to valid considerations, including physical constraints, lack of availability, frustration of network deployment objectives, and economic or technological feasibility, no appropriate location is available.

(b) For macro facilities, the applicant shall be required to demonstrate that they: (i) have contacted the owners of all existing wireless service facilities that currently house one or more macro facility within one-quarter mile radius of the site proposed; (ii) have asked for permission to install the facilities on those structures and were denied. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.006 Siting priority on public property.

(1) Minimum Requirements. The placement of wireless service facilities on town-owned property must comply with the following:

(a) The facilities will not interfere with the purposes for which the town-owned property or utilities are intended;

(b) The facilities will be located no closer than 150 feet to the nearest private residential building;

(c) The applicant is willing to obtain adequate liability insurance and commit to a lease, franchise, and/or other agreement which includes equitable compensation for the use of public land and other necessary provisions as allowed by law. The town shall establish fees after considering comparable rates in other municipalities, potential expenses, risks to the town, applicable FCC established safe harbor provisions, and other appropriate factors, such as maintenance or other costs to the town;

(d) The applicant will submit a letter of credit, performance bond, or other security acceptable to the town to cover the costs of removing the facilities;

(e) The facilities will not interfere with other users of the relevant building/structure or the rights-of-way, or the passage of traffic;

(f) The lease, franchise, or other agreement shall provide that the applicant must agree that in case of a declared emergency or documented threat to public health, safety, or welfare and following reasonable notice, the town may require the applicant to remove the facilities at the applicant’s expense;

(g) The applicant must reimburse the town for any related costs which the town incurs because of the presence of the applicant’s facilities;

(h) The applicant must obtain all necessary land use approvals; and

(i) For macro facilities, the applicant must cooperate with the town’s objective to encourage co-locations and thus limit the number of cell sites requested, and/or camouflage the site(s).

(2) Special Requirements for Parks. The use of town-owned parks for wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of wireless service facilities in a park will be allowed only when the following additional requirements are met:

(a) In no case shall wireless service facilities be allowed in designated environmentally sensitive areas unless they are co-located on existing facilities;

(b) Before wireless services may be located in public parks, consideration shall be given to visual impacts and proposed mitigation of such impacts and disruption of normal public use, if any;

(c) Wireless service facilities may be located in park maintenance facilities. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.007 Permits required.

(1) Type of Permit. Where a facility is proposed to be 60 feet or less in height, the applicant shall obtain a site development permit pursuant to Chapter 15.45 HPMC, including the application requirements at HPMC 15.45.070, and comply with all other provisions of this chapter. In the event that a facility is proposed to be more than 60 feet in height, or if the applicant desires to vary from any term or condition herein, the applicant shall instead obtain a special use permit, and comply with all other applicable provisions of this chapter. With respect to the placement of antennas on an existing antenna support structure, the requirements for a site development permit will be applicable, unless the proposal is for an eligible facilities request, which shall be processed according to HPMC 18.43.014.

(2) Application Requirements. A complete application for a special use permit under this chapter shall consist of the following:

(a) Photosimulations of the proposed facility from immediately adjacent residential properties and public rights-of-way at varying distances;

(b) A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility;

(c) A signed statement indicating that: (i) the applicant agrees they will diligently negotiate in good faith to facilitate co-location of additional wireless service facilities by other providers on the applicant’s structure or within the same site location (if technologically feasible); and (ii) the applicant agrees to remove the facility within 60 days after abandonment;

(d) Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by 47 CFR 1.1307, or in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;

(e) A site plan clearly indicating the location, type, and height of the proposed antenna and antenna support structure, on-site land uses and zoning, buffering, access, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility and any other proposed and existing structure(s);

(f) A current map and aerial showing the location of the proposed antenna and antenna support structure;

(g) Legal description of the parcel, if applicable;

(h) A vicinity map showing the distance between the antenna or the wireless service facility and the property lines of the adjacent public or private properties;

(i) A landscape plan showing specific landscape materials;

(j) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

(k) A letter signed by the applicant stating the antenna and antenna support structure comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations;

(l) A statement by the applicant as to whether construction of the antenna and antenna support structure will accommodate co-location of additional facilities or antennas for future users;

(m) The telecommunications provider must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;

(n) The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC-licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;

(o) An application form, and applicable fee.

(3) Processing of Permits.

(a) Timing. All permits required by this chapter shall be subject to the applicable project permit timelines set forth in state law or federal regulations.

(b) Site Development Permits. The town shall process site development permit applications under Chapter 15.45 HPMC.

(c) Special Use Permits. Special use permits shall be processed according to the procedures set forth in HPMC 18.43.013, unless a third party review is required under HPMC 18.43.012. In addition to the requirements in HPMC 18.43.013, the applicant shall submit a written statement demonstrating that all of the criteria for approval in this chapter have been satisfied.

(d) SEPA. Decisions pertaining to applications to site wireless service facilities are not subject to the State Environmental Policy Act (SEPA, specifically RCW 43.21C.030(2)(c)), if the facilities meet the requirements of RCW 43.21C.0384 (as that section currently exists or may be amended in the future) or if they are preempted by federal law.

(e) Batching. The town may also follow the procedures set forth in RCW 80.36.375 (as that section currently exists or may be amended in the future), where a wireless service provider applies to site several “microcells” (as defined in RCW 80.36.375(2)(b)), in a single geographical area. However, nothing in this section shall prevent an applicant from submitting any other applications simultaneously for facilities that are not considered microcells.

(f) Appeals. Notwithstanding any other provision of the HPMC, in order to comply with the federal permit processing timelines provided by federal regulation, the town’s issuance of a site development permit pursuant to this chapter shall be a final decision and not subject to appeal to the town’s hearing examiner. [Ord. 556 § 1 (Exh. A), 2022; Ord. 379 § 1, 2000; Ord. 329 § 15, 1997]

18.43.008 Design criteria.

Approval of all site development and special use permits shall be based on the following design criteria:

(1) Co-location. New macro facilities shall be designed to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. New small wireless facilities are encouraged to be designed to accommodate co-location when technologically feasible.

(2) Architectural Compatibility. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the town, and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.

(3) Setbacks. All facilities shall comply with the minimum setback requirements of the area in which they are located. A special use permit shall be required to vary from the minimum setback requirements, and may only be granted if there are unusual geographical limitations or other public policy considerations as determined in the sole discretion of the town. Such considerations shall include by way of illustration, and not limitation, the following:

(a) Impact on adjacent properties;

(b) Alternative sites for wireless service facilities;

(c) The extent to which screening and camouflaging will mitigate the effects of the wireless facilities.

(4) Right-of-Way Setback Exception. The setback requirement may be waived by the town if the antenna and antenna support structure are located in town rights-of-way.

(5) View Corridors. Due consideration shall be given so that placement of wireless service facilities do not obstruct or significantly diminish currently existing views of Lake Washington and surroundings.

(6) Color. Antennas and facilities shall have a color generally matching the surroundings or background, in such a way that visibility is minimized, unless a different color is required by the FCC or FAA. Further, all antennas and/or other facilities (including mounting brackets and/or other equipment associated with antennas) attached to a building or support structure shall reasonably color match the building or support structure. Any shrouds for wires and/or cabling shall also reasonably color match the building or support structure.

(7) Lights, Signals, and Signs. No signals, lights or signs shall be permitted on antennas or facilities unless required by the FCC or FAA, unless the facility is installed upon a light standard. Should lighting be required, in cases where there are residents located within a distance which is 300 percent of the height of the antenna, then dual mode lighting shall be requested from the FAA.

(8) Equipment Structures. Ground-level equipment, buildings, and the tower base shall be screened from public view. The standards for equipment buildings are as follows:

(a) The maximum floor area is 200 square feet and the maximum height is seven feet. Except in unusual circumstances or for other public policy considerations, the equipment building may be located no more than 150 feet from the antenna or facility. Depending upon the aesthetics and other issues, the town, in its sole discretion, may approve multiple equipment structures, one or more larger structures and/or multiple structures for multiple applicants.

(b) Ground-level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other town ordinances or codes.

(c) Equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.

(9) Federal Requirements. All antennas and antenna support structures must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate antennas and antenna support structures. If those standards and regulations are changed, then wireless service providers governed by this chapter shall bring their antennas and antenna support structures into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided by federal law. Failure to bring antennas and antenna support structures into compliance with the revised standards and regulations shall constitute grounds for the town to remove a provider’s facilities at the provider’s expense.

(10) Building Codes, Safety Standards. To ensure the structural integrity of towers, antennas, antenna support structures and facilities, the applicant/owner shall ensure that they are maintained in compliance with standards contained in the applicable town building codes and the applicable standards for antenna support structures published by the EIA, as amended from time to time. If, upon application for a building permit or inspection, the town concludes that an antenna support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice provided to the owner by the town, the owner shall have 30 days to bring the antenna support structure into compliance with such standards. If the owner fails to bring the antenna support structure into compliance within 30 days, the town may remove the antenna support structure at the owner’s expense.

(11) Structural Design. Antenna support structures shall be constructed to EIA standards, which may be amended from time to time, and to all applicable codes adopted by the town. Further, any improvements or additions to existing antenna support structures shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time applications for building permits are submitted.

(12) Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each macro facility, unless such facility is located within the rights-of-way or in such other location that fencing would not be appropriate, such as building-mounted facilities. Access to the facility shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide landscaping strip. All landscaping shall meet applicable town code requirements.

(13) Antenna and Antenna Support Structure Height. The applicant shall demonstrate that the antenna and antenna support structure proposed in its application is the minimum height required to function satisfactorily. No antenna or antenna support structure that is taller than this minimum height shall be approved.

(14) Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively impacted by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

(15) Antenna Criteria. Antennas on or above a structure shall be subject to the following:

(a) The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed, located so as to minimize any adverse aesthetic impact, and shall not interrupt the building’s architectural theme;

(b) Where the antenna is mounted or placed on utility poles or lighting standards, the antenna shall be designed and located so as to minimize any adverse aesthetic impact, including utilizing the smallest sized antenna technologically feasible;

(c) The antenna shall be mounted on a wall of an existing building on a configuration as flush to the wall as technologically feasible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project above the roof line, including parapets, by more than the thresholds contained in the definition of “small wireless facility;”

(d) The antenna shall be constructed, painted, colored, or fully screened to match as closely as possible the color and texture of the building, wall or structure upon which it is mounted;

(e) If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color;

(f) The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and uses;

(g) Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of the visual mitigation techniques must be evaluated by the town, in the town’s sole discretion.

(h) Panel antennas shall not be mounted on the side of a pole more than 12 inches from the surface of the wooden pole, measured from the exterior surface of the pole to the furthest extent of the panel antenna.

(16) Co-location Disputes. No wireless service provider, lessee, or agent thereof shall fail to cooperate in good faith to accommodate co-location with competitors with respect to macro facilities. If a dispute arises about the feasibility of co-locating, the building official may require a third-party technical study, at the expense of either or both parties, to resolve the dispute.

(17) Continuing Compliance with Standards. No wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to placing the antenna, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is co-located with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the co-location.

(18) Interference. Wireless facilities installed in, over, under or through the public right-of-way or utility corridor shall not interfere with the existing utilities in the public right-of-way or utility corridor.

(19) Guy Wires Restricted. No guy or support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array or support structure to an existing building to which such antenna, antenna array, or support structure is attached.

(20) Wireless facility antennas and/or individual components of wireless facilities that must be located above ground to function are not subject to any undergrounding requirements otherwise required by the Hunts Point Municipal Code. However, notwithstanding the above, any wires or cabling to the wireless facility shall be undergrounded.

(21) Any facilities placed in town rights-of-way shall comply with the Americans with Disabilities Act (ADA), town construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way.

(22) Side arm mounts for antennas or equipment are prohibited.

(23) The design criteria as applicable to small wireless cell facilities described herein shall be considered concealment elements and such small wireless cell facilities may only be expanded upon an eligible facilities request described in this chapter, when the modification does not defeat the concealment elements of the facility.

(24) For any wireless facilities mounted on nonwooden poles, all conduit, cables, wires, and fiber must be routed internally to the pole. Conduit, cables, wires and fiber extending outside the pole to connect with externally mounted antennas or equipment shall be located within shrouds, canisters, or sleeves reasonably color matched to the pole. For any facilities mounted on wooden poles, all conduit, cables, wire, or fiber must be contained within a sleeve or shroud reasonably color matched to the pole.

(25) All related equipment including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

(26) Small wireless cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme. The interruption of architectural lines or horizontal or vertical reveals is discouraged. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building. Small wireless facilities cells shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. All visible components of small wireless cell facilities shall be painted/colored and textured to reasonably match the adjacent building surfaces.

(27) Wireless facilities to be installed on existing or replacement light standards shall use a pole and/or pole extender that is compatible with the base mount, taper, and shall reasonably match the color of the light standard. All antennas must be attached to the very top of the pole. Antennas, pole extenders, and/or any equipment or appurtenances to the pole of any kind must be colored to reasonably match the color of the light standard pole. All cables shall be either routed through the pole or contained within a sleeve or shroud that simulates the same material and color as the existing pole. Exposed cabling/wiring is prohibited. Examples of acceptable cable, radio, and antenna installations on light standards may be contained in the town’s standard details/design standards as such may be amended from time to time. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.009 Landscaping requirements.

Approval of all site development and special use permits shall be based on the following landscaping requirements:

(1) Landscaping. Landscaping, as described herein, shall be required to screen wireless service facilities as much as possible, to soften the appearance of the site. The town may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, on top of a utility pole and/or other equipment, or is housed inside an existing structure, landscaping may not be required.

(2) Screening. The visual impacts of a wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the antenna and antenna support structure, except that the town may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.

(3) Specific Requirements. Examples of the type of landscaping and screening the town may require are:

(a) A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart, to be planted around the perimeter of the fence;

(b) A continuous hedge capable of growing to at least 72 inches in height within 24 months, to be planted in front of the tree line referenced above.

(4) Maintenance. In the event that landscaping is not maintained at the required level, the town may provide 30 days’ advance written notice of such violation to the owner. The owner shall be required to maintain or establish the required landscaping, or be subject to civil penalties as provided in HPMC 18.60.010. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.010 Inspection requirements.

Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and within 60 days of the inspection, shall file a report with the town. Submission of a copy of the FCC-required safety inspection report, or the facility operator’s maintenance reports for the prior 12 months shall satisfy the requirements of this section, if no FCC report is required for such year. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.011 Nonuse/abandonment.

(1) Abandonment. No less than 30 days prior to the date that a wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the town by certified U.S. mail of the proposed date of abandonment or discontinuation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the town’s discovery of discontinuation of operation. Upon such abandonment, the provider shall have 60 days (or additional period of time determined in the reasonable discretion of the town) within which to:

(a) Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or

(b) Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed within the 60-day time period or additional period of time allowed by the town, the town may remove the antenna, antenna support structure, foundation and related facility at the owner’s/provider’s expense. If there are two or more providers co-locating on a facility, this provision shall not become effective until all providers cease using the facility, except as otherwise provided herein.

(2) At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, town approval for the facility shall automatically expire. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.012 Third-party review.

(1) In certain instances, a third-party expert may need to review application materials submitted by a provider. The town may require a technical review as part of the permitting process. The costs of the technical review shall be borne by the provider.

(2) The selection of the third-party expert may be by mutual agreement between the provider and the town, or at the discretion of the town. The expert review is intended to address public safety issues or a review of the provider’s methodology and equipment used. Based on the results of the expert review, the town may require changes to the provider’s application. The expert review shall address the following:

(a) The accuracy and completeness of submissions;

(b) The applicability of analysis techniques and methodologies;

(c) The validity of the conclusions reached; and

(d) Any specific technical issues designated by the town. [Ord. 556 § 1 (Exh. A), 2022; Ord. 329 § 15, 1997]

18.43.013 Special use permits.

(1) Approval Body. The hearing examiner shall review, approve, conditionally approve, or deny special use permits.

(2) Application Requirements and Notice. An applicant shall provide all of the information required in HPMC 18.43.007(2). Notice of the application and the public hearing by the hearing examiner shall be given in accordance with Chapter 11.10 HPMC.

(3) Hearing Required. The hearing examiner may act on a special use permit only after a public hearing, as provided in Chapter 11.10 HPMC.

(4) Criteria for Approval. Special use permits are required for wireless facilities and antenna facilities proposed to be more than 60 feet in height, or for those situations in which the applicant desires to vary from any term or condition of this chapter.

(a) Development Standards. Every application for a special use permit under this chapter shall be reviewed by the hearing examiner for compliance with the development standards in this chapter.

(b) Additional Criteria. The hearing examiner may approve or conditionally approve an application for a special use permit application meeting all of the development standards in this chapter, as long as the applicant additionally demonstrates compliance with the following:

(i) There will be no detriment to the public welfare;

(ii) There is a need for the proposed facility or antenna to be located in or adjacent to the residential area due to network deployment objectives;

(iii) The facility or antenna shall be designed to be as least intrusive as practicable, including, but not limited to, the exterior treatment of the facility so as to be harmonious with the character of the surrounding neighborhood, the use of landscaping and privacy screening to buffer the facility and activities on the site from surrounding properties and that any equipment that is not enclosed shall be designed and located on the site to minimize impacts related to noise, light and glare onto surrounding properties;

(iv) For a variance from the minimum setback requirements, a special use permit may only be granted if there are unusual geographical limitations or other public policy considerations as determined in the sole discretion of the town, as set forth in subsection (3) of this section; and

(v) In those situations where strict application of the standards in this chapter would result in material inhibition of the applicant’s ability to provide telecommunications services or if the applicant claims that the application of this chapter would unreasonably discriminate among providers of functionally equivalent services, the applicant shall provide a written statement which provides detailed information supporting this claim(s).

(5) Written Decision Required. The hearing examiner’s decision to approve, conditionally approve or deny a special use permit shall be in writing, and such findings of fact and conclusions shall be supported by substantial evidence in the administrative record. Any conditions imposed shall be based on the purposes and policy statement of this chapter, as set forth in HPMC 18.43.001 and 18.43.002. [Ord. 556 § 1 (Exh. A), 2022; Ord. 422 § 10, 2003; Ord. 329 § 15, 1997]

18.43.014 Eligible facilities modifications.

(1) Documentation Requirement for Review. When an applicant asserts in writing that a request for modification is covered by this section, the town will require the applicant to provide documentation or information to the extent reasonably related to determining whether the request meets the requirements of this section. The town shall not require an applicant to submit other documentation, including but not limited to documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities.

(2) Time Frame for Review. Within 60 days of the date on which an applicant submits a request seeking approval for a 6409(a) facility, the town may not deny and shall approve the application unless the town determines the application is not covered by 47 CFR 1.6100.

(3) Tolling of the Time Frame for Review. The 60-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the town determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.

(a) To toll the time frame for incompleteness, the town must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under subsection (1) of this section.

(b) The time frame for review begins running again when the applicant makes a supplemental submission in response to the town’s notice of incompleteness.

(c) Following a supplemental submission, the town will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. This time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection (3)(a) above. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(4) Failure to Act. In the event the town fails to approve or deny a request seeking approval under this section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. [Ord. 556 § 1 (Exh. A), 2022]