Chapter 30.28A
DEVELOPMENT STANDARDS AND SITING PROCESS FOR PERSONAL WIRELESS TELECOMMUNICATIONS SERVICES FACILITIES

Sections:

30.28A.010    Purpose and applicability.

30.28A.020    Interpretation of this chapter.

30.28A.030    Personal wireless telecommunications facilities - Procedure.

30.28A.040    Exemptions.

30.28A.050    Conditional Use Permit application package requirements.

30.28A.060    Building Permit Requirements.

30.28A.070    Prohibited Locations.

30.28A.080    Co-location encouraged.

30.28A.090    Co-location Cooperation.

30.28A.100    Requirements for third party review.

30.28A.110    Site selection criteria.

30.28A.120    Priority of locations.

30.28A.130    Requirements for siting on Snohomish County property.

30.28A.140    Inspection, noise, and federal requirements.

30.28A.150    Wireless communications support structure design criteria.

30.28A.160    Antenna and wireless communications support structure siting criteria.

30.28A.170    Support facilities design.

30.28A.180    Landscaping and screening.

30.28A.190    Security Device.

30.28A.200    Notice and emergency contact.

30.28A.210    Ownership Transfer, Non-Use, and Abandonment.

30.28A.010 Purpose and applicability.

The purpose of this chapter is to provide the standards and regulations for siting personal wireless telecommunications services facilities. This chapter applies to all applications for the placement, construction and modification of personal wireless telecommunications service facilities.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.020 Interpretation of this chapter.

This chapter shall not be interpreted in a manner inconsistent with the Telecommunications Act of 1996. Further, this chapter shall not be interpreted to prohibit the provision of personal wireless communications services, or in a manner that unreasonably discriminates between or among providers of functionally equivalent personal wireless services.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.030 Personal wireless telecommunications facilities - Procedure.

(1) Building permits shall be required to construct new or modify existing personal wireless telecommunications service facilities in all zoning districts.

(2) Building permits shall be required for co-location or expansion projects on existing wireless communications support structure or electrical utility support structures located within any zoning district. For purposes of this section only, a building permit does not trigger a development permit application for a shoreline substantial development permit under chapter 30.44 SCC when the application is to co-locate on an existing, previously permitted wireless communications support structure and there are no additional support structures proposed to be built on the ground.

(3) Additional land use permit approvals may be necessary as set forth in SCC 30.22.100 through 30.22.120.

(4) Notice is required to be provided to the FAA, on a form prescribed by the FAA, if the facility falls under the notification requirements mentioned in 14 CFR Part 77. The applicant is responsible for researching Part 77 to determine whether notification is required.

(5) If the facility is located within an airport compatibility area and is subject to the noticing requirements in 14 CFR Part 77, the applicant shall be required to provide documentation of one of the following before a permit may be issued:

(a) The FAA has issued a determination that the height would not create an obstruction by penetrating the 14 CFR Part 77 surfaces; or

(b) The FAA has conducted an aeronautical study of the proposed structure and issued a determination that the object would create an obstruction but would not create a hazard to the navigable airspace of the airport or impede operations of the airport. If the FAA determination includes recommendations or conditions to mitigate impacts, the following shall apply:

(i) The department shall provide notice of the determination to the relevant airport manager. The airport manager shall be allowed 21 days from the date the notice is transmitted to submit comments to the department to demonstrate that the FAA recommendations or conditions would not be sufficient to address adverse impacts to airport operations and, if so, to recommend additional mitigation strategies to address those impacts; and

(ii) The applicant shall provide documentation that demonstrates that the project has incorporated all recommendations and conditions included in the FAA determination and any additional recommendations submitted by the airport manager necessary to address any remaining adverse impacts to airport operations demonstrated pursuant to subsection (5)(b)(i) of this section.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.28A.040 Exemptions.

The following facilities and activities are exempt from the provisions of this chapter (except for FAA notification requirements):

(1) Radar systems for military and civilian communications and navigation;

(2) Wireless radio utilized for temporary emergency communications in the event of a disaster declared by the county executive pursuant to SCC 2.36.030; and

(3) Temporary mobile cellular towers used for testing wireless or cellular site performance not to exceed 14 days within a 180-day time period. The equipment for these activities shall not be located in public rights-of-way unless a right-of-way permit is obtained in accordance with Title 13 SCC.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended by Ord. 15-005, March 18, 2015, Eff date April 2, 2015)

30.28A.050 Conditional Use Permit application package requirements.

When required by SCC 30.22.100 through .120, an application form for a conditional use permit provided by the department shall be completed with supporting documents as identified in the Commercial and Land Use Application Process for Wireless Communications Facilities submittal details section on file at the department. Additional information shall be submitted as set forth in Chapters 30.70 and 30.42C SCC. At the discretion of the department, all personal wireless telecommunications service facilities applicants shall be required to submit any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the information to determine compliance with adopted rules and regulations.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.060 Building Permit Requirements.

The applicant must submit a completed building permit application package as specified in the Commercial and Land Use Application Process for Wireless Communications Facilities on file in the department. When a conditional use permit is required, an applicant must obtain the condition use permit approval prior to issuance of a building permit for a personal wireless telecommunications service facility.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.070 Prohibited Locations.

Personal wireless telecommunications services facilities and other wireless communications support structures are prohibited in the following locations:

(1) Sites or structures which are on federal, state or county recognized historic registers, state and local wildlife refuges, and permanently protected archaeological sites regulated under Chapter 30.32D SCC, and

(2) Resource protection areas established pursuant to SCC 30.32A.020(3).

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.080 Co-location encouraged.

To minimize visual impacts associated with the proliferation of wireless communications support structures, co-location of personal wireless telecommunications service facilities on existing or new wireless communications support structures is encouraged as follows:

(1) Providers are encouraged to co-locate onto existing wireless communications support structures. If such co-location is accomplished in a manner consistent with the performance standards contained in this chapter, and the original wireless communications support structure permit provides adequate space for co-location equipment, then such co-locations are permitted and new or additional conditional use permit review approval is not required, except that any other permit, license, lease, or franchise requirements must be satisfied. This provision shall apply to pre-existing support structures with an approved conditional use permit.

(2) The county will not consider an application complete to construct new facilities unless the applicant has shown that it has made a diligent effort to mount the facilities on an existing structure or wireless communications support structure that is within a one mile radius of the chosen site.

(3) When co-location on an existing facility is not feasible and a new wireless communications support structure is proposed:

(a) An applicant’s site plan shall show a reserve area for potential future providers’ equipment near the base of the applicant’s wireless communications support structure; and

(b) The site plan for wireless communications support structures in excess of 100 feet must propose the height and ground space for a minimum of two additional providers, while the site plan for wireless communications support structures 100 feet or less in height must propose space for a minimum of one additional provider.

(4) To provide further incentive for co-location, an existing wireless communications support structure may be modified to accommodate co-location without new or additional conditional or special use permits. The following conditions shall also be met:

(a) An existing wireless communications support structure may be modified or rebuilt to a taller height, not to exceed 20 feet over the wireless communications support structures existing height and subject to the other provisions of this section. The height change may occur only once per structure.

(b) No banners or similar materials may be attached to the antenna or wireless communications support structure.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.090 Co-location Cooperation.

No personal wireless telecommunications services provider or lessee thereof shall act to exclude or attempt to exclude any other personal wireless telecommunications services provider from using the same building, structure or location. Personal wireless telecommunications service providers or lessees or agents thereof shall cooperate in good faith to achieve co-location of personal wireless telecommunications service facilities and equipment with other personal telecommunications wireless service providers. Documentation of co-location attempts shall be submitted as specified in the Commercial and Land Use Application Process for Wireless Communications Facilities on file in the department. If a dispute arises about the feasibility of co-locating, the county may require a third party technical study at the expense of the applicant to resolve the dispute.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.100 Requirements for third party review.

The county may require that the applicant pay for expert review of technical data, submitted by the applicant, for the personal wireless telecommunications service facilities. The selection of the third party expert shall be by mutual agreement between the applicant and the county, or at the discretion of the county if there is no agreement. The expert review is intended to be a site-specific review of technical aspects of the personal wireless telecommunications service facilities and not a subjective review of the site selection. Such a review shall address the accuracy and completeness of the technical data, possible interference problems and whether the analysis techniques and methodologies are legitimate. A determination on the validity of the applicant’s conclusions, and any specific technical issues outlined by the department, or other county staff or other interested parties shall be made. Based on the results of the third party review, the county may require changes to the application for the personal wireless telecommunications services facilities that comply with the recommendations of the expert.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.110 Site selection criteria.

In addition to using the highest priority locations set forth in SCC 30.28A.120 the following site selection criteria shall govern the issuance of permits and must be demonstrated by the applicant:

(1) Any applicant proposing to construct a wireless communications support structure, or mount an antenna on an existing structure, shall demonstrate by a propagation map that the facility must be located at the site to satisfy its function in the applicant’s grid system. An analysis by a radio frequency expert documenting these demonstrations shall accompany the propagation maps.

(2) Further, the applicant must demonstrate by a propagation map that the height requested is no greater than the minimum height necessary to fulfill the facility site’s function within the applicant’s grid system. An analysis by a radio frequency expert documenting these demonstrations shall accompany the propagation maps.

(3) Personal wireless telecommunications service facilities shall be located and designed on the site to minimize aesthetic impacts on residential property. Facilities shall be placed in locations on the wireless communications support structure site where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening in accordance with SCC 30.23.110(26)(b).

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010)

30.28A.120 Priority of locations.

The order of priorities for locating new personal wireless telecommunications services facilities shall be in accordance with SCC 30.28A.120(1) through (7) below. The applicant shall demonstrate that all other locations with a higher priority on the list are not feasible. Priorities rank from highest to lowest as set forth below. The zones listed in SCC 30.28A.120(4) through (7) are prioritized in order of preference within each subsection.

(1) On existing wireless communications support structures.

(2) Place on appropriate rights-of-way and existing structures such as buildings, towers, water towers and smokestacks located on non-residentially zoned property or in utility corridors. Wireless communications support structures for personal wireless telecommunications service facilities locating under this subsection shall secondarily consider the priorities established in SCC 30.28A.120(4) through (7).

(3) Place on other public property if practical and allowed, i.e., Snohomish County property, etc.

(4) Place in districts zoned:

(a) Heavy Industrial (HI);

(b) Light Industrial (LI);

(c) General Commercial (GC); and

(d) Community Business (CB).

(5) Place in districts zoned:

(a) Industrial Park (IP);

(b) Business Park (BP);

(c) Freeway Service (FS);

(d) Rural Freeway Service (RFS);

(e) Planned Community Business (PCB);

(f) Neighborhood Business (NB);

(g) Urban Center (UC)

(h) Rural Industrial (RI);

(i) Clearview Rural Commercial (CRC); and

(j) Rural Business (RB).

(6) Place in districts zoned:

(a) Rural Use (RU);

(b) Rural Diversification (RD);

(c) Rural Resource Transition-10 Acre (RRT-10);

(d) Forestry (F);

(e) Mineral Conservation (MC);

(f) Forestry and Recreation (F&R); and

(g) Agricultural-10 (A-10).

(7) Place in districts zoned:

(a) Rural 5 Acres (R-5);

(b) Rural Conservancy (RC);

(c) Suburban Agriculture 1 (SA-1);

(d) Residential 20,000 (R-20,000);

(e) Residential 12,500 (R-12,500);

(f) Waterfront Beach (WFB);

(g) Multiple Residential (MR);

(h) Mobile Home Park (MHP);

(i) Low-density Multiple Residential (LDMR);

(j) Townhouse (T);

(k) Residential 9,600 (R-9,600);

(l) Residential 8,400 (R-8,400); and

(m) Residential 7,200 (R-7,200).

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended Ord. 07-029, April 25, 2007, Eff date May 10, 2007; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010)

30.28A.130 Requirements for siting on Snohomish County property.

The county reserves the right to deny the use of any or all county property by any or all applicants for siting locations. Consideration of property located within county rights-of-way is subject to the provisions of Title 13 SCC, including franchise approval in accordance with Chapter 13.80 SCC. Consideration of the use of property that is owned or otherwise controlled by county through rent, lease, easement, etc., will be the following:

(1) The placement of personal wireless service facilities on county property shall comply with the following special requirements in addition to all applicable requirements of this chapter:

(a) The custodial department, as set forth in chapter 4.46 SCC, has reviewed and made a recommendation regarding the proposed personal wireless telecommunications service facilities to be located on county property, and this recommendation has been forwarded to Property Management.

(b) The facilities will not interfere with the purpose for which the county property is intended;

(c) The applicant is to obtain adequate liability insurance pursuant to SCC 13.10.100;

(d) The applicant will submit a performance security acceptable to the county to cover the costs of removing the facilities in accordance with Title 13 SCC;

(e) The facilities will not interfere with other users who have a higher priority as discussed under SCC 30.28A.120;

(f) The applicant must reimburse the county for any related costs that the county incurs because of the presence of the applicant’s facilities;

(g) The applicant may be required to pay rent to license or lease county property for a personal wireless telecommunications services facility according to a rate established by the custodial department after consultation with a state licensed certified general real estate appraiser.

(h) The applicant must obtain all necessary right-of-way permit, land use permit, and building permit approvals.

(i) The applicant must execute a written license or lease agreement with the county that sets forth the terms under which the applicant may use the county property.

(2) The placement of personal wireless telecommunications service facilities in a park will be allowed only when the following additional requirements are met;

(a) Personal wireless telecommunications service facilities shall not be allowed in designated critical areas unless they are with existing facilities.

(b) Personal wireless telecommunications service facilities may only be located in public parks if screening as regulated in SCC 30.28A.180 minimizes visual and noise impacts, and normal public use will not be disrupted as approved by the director of the Parks Department.

(c) Personal wireless telecommunications service facilities may be located in park maintenance facilities.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.28A.140 Inspection, noise, and federal requirements.

The following general requirements shall apply to antennas and wireless communications support structures construction:

(1) Each year after a personal wireless telecommunications service facility becomes operational, the facility operator shall conduct a safety inspection and file a report with the county within 60 days of the inspection. A report documenting that the facility complies with FCC Non-Ionizing Electromagnetic Radiation (NIER) limits shall be submitted with the report when any modifications to the facility have been made subsequent to the any previous NIER report submittal. This requirement shall be a condition of any permit.

(2) Noise generated by a personal wireless telecommunications service facility shall be subject to the provisions in Chapter 10.01 SCC. In addition, noise from air conditioners or other equipment associated with personal wireless service facilities and appurtenant structures shall not exceed 45dBA "EDNA" in accordance with Chapter 173-60 WAC at the adjacent residential property line, except for emergency situations requiring the use of a backup generator where the noise standards may be exceeded on a temporary basis in accordance with SCC 10.01.030(3). The owner or operator shall conduct tests when determined by the department to be necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the facility. All tests shall be performed by or under the supervision of an engineer qualified to perform the tests and interpret the data. Failure to bring personal wireless telecommunications service facilities into compliance with the revised standards and regulations shall constitute grounds for the county to require removal or remove the provider’s facilities at the provider’s expense subject to the enforcement regulations and procedures set forth in Chapters 10.01 and 30.85 SCC.

(3) All antennas, wireless communications support structures, and facilities must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and any other agency of the federal government with the authority to regulate personal wireless telecommunications service facilities. If the standards and regulations are changed, then the personal wireless telecommunications services providers governed by this chapter shall bring the antennas and wireless communications support structures into compliance within the timelines provided by the revised standards and regulations. The revised standards and regulations are not retroactively applicable to existing providers unless otherwise provided or permitted by federal law. Failure to bring personal wireless telecommunications service facilities into compliance with the revised standards and regulations shall constitute grounds for the county to require removal or remove the provider’s facilities at the provider’s expense subject to the enforcement regulations and procedures set forth in Chapter 30.85 SCC.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.150 Wireless communications support structure design criteria.

Wireless communications support structures for new personal wireless telecommunications service facilities shall be designed to accommodate co-location unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons. Thus, the applicant shall address the following design criteria:

(1) The applicant shall provide 3-dimensional, visual simulation of the facilities or other appropriate graphics to demonstrate the visual impact on the view of the county’s foothills, mountains, open space areas, or other scenic resources within the county. Due considerations shall be given so that placement of personal wireless telecommunications service facilities do not obstruct or diminish these views. In determining a significant visual impact on a view listed above, the department shall, at a minimum, consider the following:

(a) the degree to which the wireless communications support structure is screened by topographic features from the views listed above;

(b) whether trees and vegetation can be preserved in a manner that would substantially limit the visibility of the proposed wireless communications support structure from the views listed above;

(c) whether background features in the line of sight to the proposed wireless communications support structure would obscure it or make it more conspicuous;

(d) whether the proposed design would reduce the silhouette of the portion of the wireless communications support structure extending above surrounding trees, landforms, or structures; and

(e) whether the facility is designed to blend into the surroundings.

(2) Setbacks shall be in accordance with SCC 30.23.110(26) (wireless communications support structures).

(3) No signals, lights or signs shall be permitted on wireless communications support structures unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). If the FCC or the FAA updates the requirements for lighting, the provider or wireless communications support structure owner is authorized to install the required lighting without any further county approvals.

(4) The applicant shall demonstrate that the antenna is no greater than the minimum height required to function satisfactorily. No wireless communications support structure that is taller than this maximum height shall be approved except as allowed by co-location.

(5) Security fencing no less than 6 feet in height with access through a locked gate shall be required around each wireless communications support structure and its related equipment and other support structures unless the entire wireless communications support structure area is fenced in a manner meeting these specifications, in which case the Department may grant relief from this requirement.

(6) The parking requirements for personal wireless telecommunications service facilities shall be in accordance with SCC 30.26.030 for utility and communications uses without regular employment. Alternate parking provisions may be approved by the approval authority when the applicant demonstrates vehicle parking is in proximity but may not be appropriate on the facility site.

(7) Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized unless such disturbance would result in less visual impact of the site on the surrounding area.

(8) To ensure the structural integrity of wireless communications support structures, the owner of a structure or facility shall ensure that it is maintained in compliance with all applicable federal standards (i.e., FCC and FAA standards), state and local regulations, the applicable standards of the Electronic Industries Association (EIA), and the applicable building codes, as amended from time to time.

(9) If, upon inspection, the county concludes that a wireless communications support structure fails to comply with the standards, the applicable building codes or constitutes a danger to persons or property, written notice will be provided to the owner of the structure or facility in accordance with Chapter 30.85 SCC.

(10) Wireless communications support structures shall be constructed to the EIA Standards that may be amended from time to time and all applicable construction/building codes. Further, any improvements or additions to existing wireless communications support structures shall require submission of site plans, structural plans, and structural calculations stamped by a structural engineer registered or licensed in the State of Washington, which demonstrate compliance with the EIA Standards and all other applicable building codes. The plans shall be submitted and reviewed at the time building permits are requested.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.160 Antenna and wireless communications support structure siting criteria.

The antenna on or above a structure shall be subject to the following requirements:

(1) The antenna must be architecturally compatible with the building and wall on which it is mounted, and designed and located so as to minimize any aesthetic impacts.

(2) The maximum height allowed for a wireless communications support structure including antennas shall be as follows:

(a) 150 feet within urban growth areas;

(b) 180 feet outside urban growth areas;

(c) The approval authority may authorize up to an additional ten feet in height as necessary to allow adequate separation of antennas from power lines if the applicant demonstrates that the antenna is no greater than the minimum height required to function satisfactorily. The owner of antennas pursuant to SCC 30.28A.080 or as authorized under the regulated franchise agreement provisions set forth in Title 13 SCC when located in a public right-of-way, shall be allowed the additional height increase and shall not be required to provide such documentation.

(d) An existing height non-conforming wireless communications support structure may not be subject to height limitations set forth in SCC 30.28A.160 when being reconstructed as a result of destruction as defined in SCC 30.28.075(2)(b). The structure may exceed this height provisions to no greater than the original permitted height.

(3) The antenna may be mounted on the roof of a building if the following additional criteria are satisfied:

(a) The department finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

(b) No portion of the antenna or base station causes the height of the building to exceed 15 feet above the building heights of the applicable zone as set forth in SCC Tables 30.23.030(1) and 30.23.030(2).

(c) Roof-mounted antennas are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009)

30.28A.170 Support facilities design.

Support facilities should be designed to complement or maintain the integrity of the surrounding landscape and built environment.

(1) Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district or screened or otherwise integrated through location and design to blend in with the existing characteristics of the site to the greatest extent possible.

(2) Antennas and wireless communications support structures shall have a color generally matching the building, surroundings or background that minimized their visibility, unless the FCC or FAA requires a different color. Muted colors, earth tones and subdued colors shall be used wherever possible.

(3) Ground level equipment, related base stations for mounted antennas, buildings and the wireless communications support structures base shall be screened from public view. For the purposes of this chapter, equipment buildings shall include cabinets or any other structure used to shelter supporting equipment. The standards for the equipment structures are as follows:

(a) Equipment mounted on a roof shall have a finish similar to the exterior building walls.

(b) When equipment structures are located in residential or rural zones listed in SCC 30.28A.120(6) and (7) or on property developed for single family residential use, they shall comply with setback requirements of SCC 30.23.110(25) and shall be designed so as to conform in appearance with nearby residential structures, or be completely screened from view. Support facilities located in public rights-of-way may be exempt from the setback requirements as determined by the approval authority when co-located on existing utility facilities.

(c) A proposed equipment structure must blend with the surrounding buildings in architectural character and color. The structure must be architecturally and visually (color, size and bulk) compatible with surrounding existing buildings, structures, vegetation and uses. Such facilities will be considered architecturally and visually compatible if they are adequately screened to completely disguise the facilities.

(4) Height limitations shall be in accordance with SCC 30.28A.160(2).

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.180 Landscaping and screening.

Landscaping used to screen a personal wireless telecommunications service facility shall be in accordance with SCC 30.25.025.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.190 Security Device.

The director may require security devices pursuant to Chapter 30.84 SCC.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.28A.200 Notice and emergency contact.

All personal wireless telecommunications service providers shall provide to the department a current emergency contact name (or title) and phone number available 24 hours a day, seven days a week. The providers shall immediately notify the applicable department of any change in the notice address or emergency contact name (or title) and phone number. The same current emergency contact information shall be posted on the fence or structure of the facility where it is clearly visible from the outside.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.28A.210 Ownership Transfer, Non-Use, and Abandonment.

(1) In the event a personal wireless telecommunications services provider or owner transfers ownership of a facility to a different provider or owner, the previous and new service provider or owner shall notify the department no less than 10 days from the date of transfer. The new provider or owner shall include the name, address and phone number of the person to be contacted related to the service or the wireless communications support structure. The new provider shall notify the department with the required information set forth in 30.28A.200

(2) No less than 30 days prior to the date that a personal wireless telecommunications services provider plans to abandon or discontinue operation of a facility, the provider must notify the county by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. In the event that a provider fails to give notice, the facility shall be considered abandoned upon the county’s discovery of discontinuation of operations. Upon such abandonment, the provider shall have 60 days, or an additional period of time determined in the reasonable discretion of the county, 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 the facility. If the antenna, wireless communications support structure, foundation and facility are not removed within the 60-day time period, or an additional period of time allowed by the county, the county may remove such tower, antenna, foundation and related facility at the provider’s expense in accordance with the enforcement provisions of Chapter 30.85 SCC. If there are two or more providers co-locating on a facility, then this provision shall not become effective until all providers cease using the facility.

(3) If abandonment of a facility occurs by all of the permittees, licensees or owners of the wireless communications support structure, the owner of the wireless communications support structure shall remain primarily responsible if the wireless communications support structure ceases to be used for its intended purposes by either it or other permittees or licensees for the transmission or reception of personal wireless telecommunications services. The owner of the wireless communications support structure shall maintain the prescribed painting and/or illumination of such tower, if applicable, until is dismantled. The county may be drawn upon the security required in SCC 30.28A.190, as necessary, to cover the costs of removal of the facility.

(Added Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)