Chapter 17.66
WIRELESS COMMUNICATION FACILITIES
Sections:
17.66.010 Purpose.
17.66.020 Definitions.
17.66.030 Exemptions.
17.66.040 WCF locations.
17.66.050 Project application review.
17.66.060 General provisions.
17.66.070 Site development standards.
17.66.080 Collocation.
17.66.090 Facility removal.
17.66.100 Facility relocation.
17.66.110 Electromagnetic field (EMF) standards compliance.
17.66.120 Application requirements.
17.66.130 Permit limitations and reservations.
17.66.140 Fees.
17.66.150 Appeals.
17.66.160 Rules and regulations of the City.
17.66.170 Severability.
17.66.010 Purpose.
This chapter addresses the issues of location and appearance associated with wireless communication facilities (WCF). It provides adequate siting opportunities through a range of locations and options that minimize the visual impacts sometimes associated with wireless communications technologies. The siting of facilities on existing buildings or structures, collocation of several providers’ facilities on a single support structure or site, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the City. [Ord. 2013 § 3, 2000.]
17.66.020 Definitions.
A. “Abandonment” or “abandoned” means: (1) to cease operation for a period of 60 or more consecutive days; (2) to reduce the effective radiated power of an antenna by 75 percent for 60 or more days; (3) to relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or (4) to reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.
B. “Antenna” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial- and/or orbital-based points, including, but not limited to:
1. “Whip antenna” means an omnidirectional antenna, which transmits and receives radio frequency signals in a 360-degree radial pattern. Typically four inches or less in diameter.
2. “Panel antenna” means a directional antenna which transmits and receives radio frequency signals in a specific directional pattern of up to 120 degrees, and which is typically thin and rectangular in shape.
3. “Tubular antenna” means a tube typically 12 inches in diameter containing either omnidirectional or directional antennas, depending on the specific site requirement. This is often used as a means to mitigate the appearance of antennas on top of light standards and power poles.
4. “Parabolic (or dish) antenna” means a bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
5. “Ancillary antenna” means an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communication services. An example would be a global positioning satellite (GPS) antenna.
C. “Collocation” means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.
D. “Electromagnetic field” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
E. “Equipment shelter” means the structure associated with a WCF that is used to house electronics switching equipment, cooling systems, and backup power systems.
F. “Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either (1) a panel antenna four feet in height and with an area of not more than 580 square inches; or (2) a whip antenna, no more than four inches in diameter and no more than six feet in length; (3) a tubular antenna no more than 18 inches in diameter and six feet in height; and an associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Slight size, type, dimensional variances may be allowed by the City as technology changes occur. A minor facility does not include the construction or erection of a new freestanding support structure though it may include the installation of such facility on an existing support structure.
G. Wireless Communication Facility (WCF). “Personal wireless service facility” or “wireless communication facility” or “wireless facility” or “facility” means a wireless communication facility that is for the transmission and/or reception of radio frequency signals and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.
H. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47, United States Code, Section 332(c)(7)(C).
I. “Freestanding support structure,” or “support structure,” or “freestanding WCF” means any built structure, including any guy wires and anchors, to which antennas and other necessary associated hardware are mounted. Support structures may include the following:
1. “Lattice tower” means a support structure, which consists of a network of crossed metal braces, forming a tower, which is usually triangular or square in cross-section.
2. “Guyed tower” means a support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.
3. “Monopole” means a support structure that consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad.
J. “Existing nonresidential structure” means existing structures or buildings designed and used for nonresidential uses, but not including structures considered accessory structures to a residential use or residential site. [Ord. 2013 § 3, 2000.]
17.66.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.
C. Facilities used for purposes of public safety, such as, but not limited to, police and the regional 911 systems.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.
G. Wireless communication facilities, which legally existed or had a vested application on or prior to the effective date of this chapter, except that this exemption does not apply to modifications of existing facilities.
H. Routine maintenance or repair of a personal 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 maintained.
I. Subject to compliance with all other applicable standards of this chapter, a building permit application shall be filed for emergency repair of a personal wireless service facility within 30 days after the completion of such emergency activity.
J. City-owned and operated facilities used for purposes of City utilities management, including but not limited to police, fire, public works and parks and recreation functions. [Ord. 2013 § 3, 2000.]
17.66.040 WCF locations.
A. Nonresidential Zoning Districts. WCFs that require a new freestanding support structure may be located in any of the following types of zoning districts, as they exist now or in the future, within the City, subject to the following conditions:
1. B-1 Freeway Commercial. Permitted with Type II review if height of structure is less than 60 feet above ground level at side; Type V review (with conditional use permit) if such height exceeds 60 feet.
2. B-2 General Commercial. Permitted with Type II review if height of structure is less than 45 feet above ground level at site; Type V review (with conditional use permit) if such height exceeds 45 feet.
3. B-3 Retail Core. Permitted with Type II review if height of structure is less than 35 feet above ground level at site; Type V review (with conditional use permit) if such height exceeds 35 feet.
4. BN Neighborhood Business. Permitted with Type II review if height of structure is less than 35 feet above ground level at site; Type V review (with conditional use permit) if such height exceeds 35 feet.
5. PB Professional Business. Permitted with a Type II review if height of structure is less than 35 feet above ground level at site; Type V review (with conditional use permit) if such height exceeds 35 feet.
6. M-1 Light Industrial. Permitted with Type II review if height of structure is less than 60 feet above ground level at site; Type V review (with conditional use permit) if such height exceeds 60 feet.
7. M-2 Heavy Industrial. Permitted with Type II review if height of structure is less than 60 feet above ground level at site; Type V review (with conditional use permit) if such height exceeds 60 feet.
8. AP Airport. Permitted with Type II review.
B. Residential Districts. Except as provided in subsection (C) of this section, freestanding wireless facilities are not allowed in any of the residential zoning districts; provided, that the hearing body may approve a freestanding WCF in a residential district pursuant to a Type III review (with conditional use permit) with compliance with the provisions of SMC 17.66.060 and 17.66.070.
C. Existing Structures. WCFs may be placed in any zoning district on the following existing structures, subject to SMC 17.66.070:
1. On any freestanding support structure currently used by a permitted WCF; or
2. Minor facilities located on legally conforming nonresidential buildings and structures including, but not limited to, water towers, clubhouses, office buildings, retail buildings, industrial buildings, government buildings, school buildings, churches, light standards in parking lots and sports fields, power poles and towers;
3. Minor facilities located on legally conforming residential buildings and structures may be permitted with a Type V review (with conditional use permit), subject to SMC 17.66.060 and 17.66.070, and further subject to the requirement that such minor facility be site screened and any equipment cabinet be located underground or otherwise site screened as deemed appropriate by the hearing body. [Ord. 2013 § 3, 2000.]
17.66.050 Project application review.
A. All WCF applications requesting the construction of a new freestanding support structure or which do not meet the definition of a minor facility shall require a Type II, Type III or Type V review as specified in SMC 17.66.040 and defined in SMC Title 19.
B. WCFs that do not include the construction of a freestanding support structure and are defined as a minor facility shall be processed as Type II Review under SMC Title 19. [Ord. 2013 § 3, 2000)
17.66.060 General provisions.
A. Principal or Accessory Use. Wireless communication facilities will be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a WCF on that lot.
B. FCC Licensing. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with a FCC-licensed telecommunications provider if they are required to be licensed by the FCC.
C. Lot Size. For purposes of determining whether the installation of a wireless telecommunications facility complies with zoning district development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility is located on a leased parcel within that lot.
D. Signs. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.
E. Lighting. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.
F. Permanent Mounting Required. All commercial wireless telecommunications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent. Temporary and mobile commercial facilities are not allowed.
G. Cumulative Effects. The City shall consider the cumulative visual effects of wireless facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the City.
H. Business License Registration. All WCFs shall obtain and maintain a City of Sunnyside business license prior to the issuance of any permits.
I. Site Screening. Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve acceptable and adequate screening or camouflage, as determined by the appropriate hearing body, of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the City.
J. Environmental Review. Any freestanding WCF that exceeds 60 feet in height above ground level at site requires appropriate environmental review under the State Environmental Policy Act (SEPA), including but not limited to, SEPA checklist or other review deemed appropriate by the lead agency. [Ord. 2013 § 3, 2000.]
17.66.070 Site development standards.
All WCFs shall be constructed, erected or built in accordance with the following site development standards:
A. Minor wireless facilities may be mounted on certain residential and nonresidential buildings or structures in accordance with the limitations in SMC 17.66.040(C); provided, that the following conditions are met:
1. The WCF is collocated on an existing WCF freestanding support structure; or
2. The WCF consists of a minor facility as follows:
a. The combined antenna(s) and support structure shall not extend more than 15 feet above the existing or proposed roof structure. Antenna(s) may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper; and
b. The antennas are mounted on the building such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment.
B. New freestanding wireless facilities, all exempt repair and maintenance, and all other WCFs not meeting the definition of a minor facility, shall conform to all of the following site development standards:
1. Monopoles and lattice towers shall be the only freestanding support structures allowed in the City unless the applicant submits supporting evidence and the hearing body agrees in written findings that another type of support structure is needed to meet the applicant’s technical and network location requirements;
2. Installation of a new freestanding facility shall only be accepted in residential zoning districts if the applicant can show that other nonresidential zoning districts within the City cannot meet the applicant’s technical and network location requirements;
3. Installation of a freestanding facility shall be denied if placement of the antennas on an existing structure can meet the applicant’s technical and network location requirements;
4. The applicant shall demonstrate that the WCF is the minimum height required to function satisfactorily. For the purpose of future collocation the City may allow freestanding support structures to be built higher than the minimum required for the technical and networking requirements of the applicant if the applicant guarantees future collocation of other WCFs on the freestanding support structure. Height shall be measured to the top of the antenna(s);
5. A freestanding WCF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. Larger setbacks shall be encouraged for freestanding WCFs requesting location next to residential uses or zones;
6. Freestanding wireless facilities shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
a. Use existing site features to screen as much of the total facility as possible from prevalent views; and/or
b. Use existing site features as a background so that the total facility blends into the background with increased sight distances;
7. In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and nature vegetation to more effectively screen the facility; and
8. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the City.
C. Electronics equipment enclosures shall conform to the following:
1. Screening of WCF equipment enclosures shall be provided, subject to the approval of any hearing body as applicable, with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
2. No wireless equipment reviewed under this section shall be located within required building setback areas.
D. Security fencing, if used, shall conform to the following:
1. No fence shall exceed six feet in height or such other height as required in applicable municipal code or zoning code.
2. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
3. Chain-link fences shall be painted or coated with a nonreflective color and shall have a minimum three-foot-deep area to be planted with approval plant species in a manner that will complete screen fencing. [Ord. 2013 § 3, 2000.]
17.66.080 Collocation.
The intent of collocation is to encourage several providers to use the same structure or site to keep the number of wireless facilities sites to a minimum as a means of reducing the overall visual effects throughout the community. The following procedures are required to further the intent of WCF collocation:
A. A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocates have received a permit for such use at said site from the City. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). Property leases or licenses for property to be used to locate WCF, excluding minor facilities, shall contain a nonexclusivity clause authorizing collocation of other WCF, subject to the provisions of this chapter and section.
B. A signed statement indicating that the applicant agrees to allow for the potential collocation of additional WCF equipment by other providers on the applicant’s structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on its site, the applicant must submit a technical study documenting that such collocation is not possible. [Ord. 2013 § 3, 2000.]
17.66.090 Facility removal.
In instances where a WCF is to be removed, the removal shall be in accordance with the following procedures:
A. The operator of a WCF shall notify the City upon the discontinued use of a particular facility. The WCF shall be removed by the facility owner within 90 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
B. If the provider fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. Upon failure or refusal of the provider to remove the facility within 90 days of its discontinued use, the landholder shall have 30 days in which to obtain all necessary permits for demolition and/or removal of such facility and shall have up to 60 days thereafter to remove such facility. If the landholder fails or refuses to obtain the necessary permit(s), or fails or refuses to remove such facility within the time specified, the City or its designee may enter upon such property and remove such facility, or cause such to be removed, and shall be entitled to recover all costs of such removal from the landholder or its successor in interest. As an additional remedy, the City may charge a lien against such property in the amount of the costs incurred by the City in removing such facility, or in causing such to be removed. The City’s right to recover its costs incurred in such removal shall be conditioned upon compliance with the following procedures:
1. The City shall notify the landholder in writing that it will remove such facility, or cause such to be removed, and recover costs thereof from such landholder or its successor in interest, and will attach a lien against such property representing any unreimbursed costs of such removal incurred by the City.
2. Such written notice shall be delivered to the landholder, or its successor in interest, at least 30 days prior to the scheduled date of removal of such facility. Delivery shall be deemed complete upon deposit of such notice in the United States Postal Service mail, postage prepaid, addressed to the last known address of the landholder.
3. The landholder, or its successor in interest, shall have 10 days after delivery of such notice to appeal such decision to the City Council. The appeal must be in writing and must describe specific reasons why such removal should not occur. The written appeal must be received by the City at the office of the City Manager, 818 Edison Avenue, Sunnyside, Washington 98944, no later than 5:00 p.m. on the tenth day in order to be considered timely. If the tenth day falls on a weekend or holiday, the deadline will be extended to 5:00 p.m. on the next business day.
4. If no timely appeal is received by the City, the City Council may by resolution authorize the City to enter upon such property and remove such facility and authorize the recovery of costs incurred thereby from the landholder, and/or its successor in interest, and/or the imposition and foreclosure of a lien against such property in the amount of costs incurred by the City in removing such facility, together with interest thereon at the rate permitted by law.
5. If a timely appeal is filed, the City Council shall hold a quasi-judicial hearing to consider such appeal and may affirm, modify or withdraw the notice of abatement, or removal, and may by resolution authorize the City to enter upon such property and remove such facility, or cause such to be removed, and authorize the recovery of costs incurred thereby from the landholder, and/or its successor in interest, and/or imposition and foreclosure of a lien against such property in the amount of such costs incurred by the City in removing such facility, together with interest thereon at the rate permitted by law.
C. As an alternative or additional remedy, the City may enforce any bond required pursuant to application approval, which bond secures performance of the WCF provider and/or landowner to remove or cause the removal of any facility upon discontinued use in accordance with this section. [Ord. 2013 § 3, 2000.]
17.66.100 Facility relocation.
A. In instances when the City deems it necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of the public welfare, health or safety, the City may require WCF(s) to relocate authorized facilities. In such instances, the City shall notify the WCF and shall specify the date by which the relocation shall be completed. In calculating the date that relocation must be completed, the City shall consult with the affected WCF(s) and consider the extent of facilities to be relocated, the WCF’s requirements, and the construction sequence for the relocation, within the City’s overall project construction sequence and constraints, to safely complete the relocation. WCFs shall complete the relocation by the date specified, unless the City, or a reviewing court, establishes a later date for completion, after a showing by the WCF that the relocation cannot be completed by the date specified using the best efforts and meeting safety and service requirements.
B. WCFs may not seek reimbursement for their relocation expenses from the City under subsection (A) of this section except:
1. Where the WCF had paid for the relocation cost of the same facilities at the request of the City within five years before the new request for relocation, the WCF’s share of the cost of relocation will be paid by the City;
2. In the event aerial to underground relocation of existing authorized facilities is required by the City pursuant to this section, for WCF(s) with an ownership share of the aerial supporting structures, the incremental cost of the underground compared to aerial relocation, or as provided in any approved tariff if less, will be paid by the City; or
3. Where the City requests relocation pursuant to this section solely for aesthetic purposes, unless otherwise agreed by the parties.
C. Where a project is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project.
D. The City may require relocation of facilities at the WCF’s expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare. [Ord. 2013 § 3, 2000.]
17.66.110 Electromagnetic field (EMF) standards compliance.
All WCFs shall be operated in compliance with the following standards:
A. The applicant shall comply with federal standards for EMF emissions. Upon written request by the City, the applicant shall submit a project implementation report, which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval by the City for consistency with the project proposal report and the adopted Federal standards. If on review the City finds that the WCF does not meet federal standards, the City may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed pursuant to SMC 17.66.090.
B. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review of a registered complaint the City finds that the WCF interferes with such reception, the City may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed pursuant to SMC 17.66.090. [Ord. 2013 § 3, 2000.]
17.66.120 Application requirements.
Applications for a WCF shall be on a form prescribed by the City of Sunnyside. Applications shall be processed in accordance with SMC Title 19 as presently constituted or hereafter amended. In addition to the information required by the City of Sunnyside, the applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that operate to convey all of the following information:
A. Photo simulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances.
B. A copy of any lease or license which includes a provision that (1) the applicant and landowner agree they will allow collocation of additional WCFs by other providers on the applicant’s structure or within the same site location, subject to SMC 17.66.080; and (2) the applicant and landowner agree to remove the facility within 90 days after abandonment, and agree to allow the City or its designee to enter upon such property to remove, or cause to be removed, such abandoned facility in accordance with the procedures of SMC 17.66.090; and (3) the applicant and landowner agree to be bound by the terms of this chapter and applicable law.
C. If the proposal includes installation of a new freestanding facility in a residential zoning district the applicant shall demonstrate in writing that other nonresidential zoning districts within the City cannot meet the applicant’s technical and network location requirements.
D. If the proposal is the installation of a freestanding facility the applicant shall demonstrate in writing that the placement of the antennas on an existing structure cannot meet the applicant’s technical and network location requirements.
E. Copies of any environmental documents required by any federal or State agency, including the City if applicable. These shall include the environmental assessment required by FCC Para 1.13.07, or State Environmental Policy Act (SEPA) if required by the City. In the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment is required.
F. A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter. The site plan shall clearly indicate the location, the specific placement of the facility on the site, the type and height of the proposed WCF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. The site plan shall not be required if the antenna is to be mounted on an existing structure.
G. A current map showing the location and service area of the proposed WCF, and a map showing the locations and service areas of other WCFs operated by the applicant and those proposed by the applicant that are close enough to impact service within the City.
H. A legal description of the parcel(s) and parcel number(s).
I. The appropriate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
J. The method of fencing, the finished color, and, if applicable, the method of camouflage and illumination, if required.
K. A letter signed by the applicant stating the WCF will comply with all Washington State Department of Transportation (WSDOT) Aviation Division and FAA regulations and EIA Standards and all other applicable federal, State and local laws and regulations, attaching copies of any WSDOT (Aviation Division) and FAA approved certificates.
L. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
M. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City. This shall include a service area coverage chart for the proposed facility that depicts the extent of coverage and corresponding signal quality at the proposed facility height and at least one height lower than that proposed.
N. Certification of the costs of removal of the facility in the event such removal is necessary or required pursuant to SMC 17.66.090, together with bonding or other security satisfactory to the City, sufficient to cover such costs of removal. Such bond shall be in favor of the City, or other party satisfactory to the City, with a surety company as surety, conditioned that such person or persons shall faithfully perform such removal when and as required pursuant to SMC 17.66.090. [Ord. 2013 § 3, 2000.]
17.66.130 Permit limitations and reservations.
Approved permits issued by the City for WCFs shall be subject to and/or restricted by the following permit limitations and reservations:
A. The City reserves the right to review any currently approved WCF use under federal, State or local regulations as they exist now or may be amended in the future. If the City reviews any WCF it shall give the operator of the facility at least three months’ written notice to prepare any information needed to review the WCF. The renewal application will be under an administrative Type II review. In ruling on said renewal, the City shall consider all the existing regulations and laws affecting the application that is appropriate to the technology and use.
B. Construction of a WCF shall commence within one year from the date of the City’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.
C. The permittee/operator of the WCF shall and does, upon approval of the permit, agree to indemnify, protect, defend, and hold harmless the City, its Council members, Planning Commission members, officers, employees, agents, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney’s fees incurred by the City arising directly or indirectly from (1) the City’s approval and issuance of the permit; (2) the City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated in the permit; and (3) applicant’s installation and operation of the facility allowed by the permit, including, without limitation, any electromagnetic fields or other energy waves or emissions. Permittee/operator compliance with this indemnity provision is an express condition of the permit, and this indemnity provision shall be binding upon any and all of the permittees/operators, successors and assigns. By signing the application, the applicant agrees to be bound by this provision.
D. The City reserves the right to require a WCF that is constructing, relocating, or placing ducts or conduits in public rights-of-way provide the City with additional duct or conduit and related structures necessary to access the conduit; provided, that:
1. The City enters into an agreement with the WCF consistent with RCW 80.36.150, intended, unless otherwise agreed, to recover the incremental costs of the WCF service provider. If the City makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that uses the conduit or duct, shall recover at least the fully allocated costs of the WCF service provider. The WCF service provider shall state both contract rates in the contract. The City shall inform the WCF service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the City.
2. Except as otherwise agreed by the WCF service provider and the City, the City shall agree that the requested additional duct or conduit space and related access structures will not be used by the City to provide telecommunications or cable television service for hire, sale, or resale to the general public.
3. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the WCF service provider.
4. The value of the additional duct or conduit requested by the City shall not be considered a public works construction contract.
5. This section shall not affect the provisions of an institutional network by a cable television provider under federal law.
E. The City reserves the right to enter into lease and/or license agreements with WCF service providers regarding use of, or placement upon, City-owned public property of WCFs and support structures, as authorized or permitted by law. Lease and/or license fees for such use or placement of such facilities and support structures shall be negotiated by the parties, together with other terms and conditions, including but not limited to term of lease or license, renewals thereof, location and any other items consistent with applicable law and this chapter. [Ord. 2013 § 3, 2000.]
17.66.140 Fees.
A. All WCF Type II review applications shall be charged a fee as specified in SMC 2.02.020(C).
B. All WCF Type III or Type V review applications shall be charged a fee of $400.00, or a Type III or Type V review fee as defined in the City’s adopted fee schedule, whichever is more.
C. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other consultants hired by the City to review and inspect the applicant’s proposal when the City is unable to do so with its existing staff resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, environmental review, preparation of a detailed statement pursuant to Chapter 43.21C RCW, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City at a rate of 100 percent of the actual cost of said professional services. The City may require the applicant to deposit an amount with the City to cover anticipated costs of retaining professional services or consultants. In any event, if the anticipated or estimated costs exceed $5,000, the City will notify the applicant prior to incurring any costs described in this section.
D. The amount of the fees charged for WCF applications shall be adjusted in accordance with the following procedures:
The Consumer Price Index or Urban Consumers (CPI-U) for Western Type C cities Area Index 1977 equals 100 (hereafter called the “Index”) published by the Bureau of Labor Statistics of the United States, Department of Labor, shall be determined as of January 1, 2000, and as of each January 1st thereafter. Beginning January 1, 2001, if the index is higher or lower on any January 1st than the index as of the preceding January 1st, then the application fee commencing January 1st shall be increased or decreased 100 percent of such change in the index. If the publication of the index should be discontinued, the City shall thereafter accept comparable statistics on the cost of living for the City of Seattle as they shall be comparable and published by an agency of the United States or a responsible financial periodical of recognized authority selected by the Mayor.
E. The SEPA checklist/application fee, if such environmental review is required, is specified in SMC 2.02.020(C), or such other amount established by ordinance of the City from time to time. [Ord. 2172 § 1, 2007; Ord. 2013 § 3, 2000.]
17.66.150 Appeals.
Appeals shall follow the procedures in SMC Title 19. [Ord. 2013 § 3, 2000.]
17.66.160 Rules and regulations of the City.
Nothing in this title shall operate to restrict or limit the City’s ability to adopt and enforce all appropriate ordinances establishing requirements for telecommunications carriers’ and providers’ use of the rights-of-way and public property, taxes authorized by law including the tax authorized by RCW 35.21.865, procedures for application and approval of telecommunication business registrations, telecommunications rights-of-way use authorizations, franchises and facilities leases, and describing violations and establishing penalties. Nothing in this chapter shall operate to release in whole or in part any applicant for a WCF facility from the obligation to comply with such ordinances, rules and regulations of the City of Sunnyside. [Ord. 2013 § 3, 2000.]
17.66.170 Severability.
If any section, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. [Ord. 2013 § 3, 2000.]