Chapter 12.11 PERSONAL WIRELESS SERVICE FACILITIES

Chapter 12.11
PERSONAL WIRELESS SERVICE FACILITIES

Sections:

12.11.010 Policies, purpose and goals.

12.11.020 Definitions.

12.11.030 General provisions.

12.11.040 PWS facilities – Permitted locations.

12.11.050 PWS facility permit required – Type of action.

12.11.060 Contents of complete application.

12.11.070 Visibility and dimensional standards.

12.11.080 Collocation – Covenant of good faith.

12.11.090 Recovery of city costs.

12.11.100 Maintenance of facilities.

12.11.110 Modification.

12.11.120 Testing of PWS facilities required – Radio frequency radiation.

12.11.130 Testing of PWS facilities required – Noise emissions.

12.11.140 Security.

12.11.150 Abandonment of PWS facilities.

12.11.160 Signs.

12.11.170 Revocation or termination of permit.

12.11.180 Notice and duty to cure.

12.11.190 Hearing.

12.11.010 Policies, purpose and goals.

A. Provision of Opportunities for Wireless Providers. This chapter is designed to provide opportunities for PWS facilities consistent with the statutory rights of wireless communication service providers while providing for an orderly development of the city and protecting the health, safety, and general welfare of the city’s residents and property owners.

B. Preservation of Character of City. A primary objective of this chapter is to preserve the existing visual and aesthetic character of the city and its neighborhoods, as well as minimizing the noise impacts generated by PWS facilities. Preserving the visual and aesthetic character of the city includes the protection of views within the city which create a special character for the community, high property values and a tax base sufficient to support the city’s operations and limiting the intrusion of noise, visual, and aesthetic impacts associated with commercial and other uses into residential neighborhoods.

C. Goals. The goals of this chapter include:

1. Establishing development regulations consistent with the Imagine Bothell... Comprehensive Plan, adopted July 31, 1995;

2. Providing sites for locating PWS facilities;

3. Providing PWS facilities and infrastructure to serve city residents or others when in the city;

4. Encouraging the use of appropriate technology that has minimal adverse environmental, noise, and visual impacts on the city and the prompt removal of abandoned facilities;

5. Encouraging the location of PWS facilities upon existing nonresidential structures in commercial zoning districts, in such a manner that the PWS facility is integrated, or appears to be integrated, into the structure;

6. Establishing standards for PWS facilities to mitigate the visual and noise impacts associated with those facilities;

7. Facilitating the use of developed streets for PWS facilities to reduce the impact of PWS facilities upon residential areas of the city where the siting of PWS facilities in residential zoning districts is necessary or desired by a PWS provider;

8. Facilitating the use of existing Seattle City Light high voltage transmission towers in private rights-of-way in commercial and certain mixed use zones for PWS facilities to reduce the need of such facilities within residential areas and to reduce the impacts of PWS facilities upon residential and other properties; and

9. Encouraging the development of personal wireless service facilities on a competitively neutral basis. (Ord. 1733 § 7, 1998).

12.11.020 Definitions.

A. “Antenna” means a specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas for commercial purposes.

B. “Antenna array” means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.

C. “Applicant” means any person, firm or entity seeking to place a PWS facility within the boundaries of the city.

D. “Camouflaged” means the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. “Camouflage” does not mean invisible, but rather appearing as part or exactly like the structure used as a mount.

E. As used in this chapter, the term “city” means the city of Bothell, Washington.

F. “Concealment” means fully hidden from view. For example, a PWS facility is concealed when it is completely hidden or contained within a structure, such as a building, wall or roof.

G. “Developed street” means any public right-of-way classified as an alley (in commercial areas only), residential access street, collector street, minor arterial, or principal arterial and which is partially or fully developed and devoted to transportation use by the public at large.

H. “Disguised” means that a PWS facility is changed to appear to be something other than what it really is. For example, PWS facilities are sometimes disguised to appear as trees or flagpoles.

I. “Emergency services” means 911 emergency services and emergency notification services.

J. “Emergency notification services” means services that notify the public of an emergency.

K. “Emergency support services” means information or database management services used in support of emergency services.

L. “Equipment enclosure” means a structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or auxiliary electric generators.

M. “FCC” means the Federal Communications Commission.

N. “Guyed tower” means a vertical support structure which is usually over 100 feet tall, which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.

O. “Height” means the vertical distance measured from pre-existing ground level to the highest point on the PWS facility, including but not limited to the antenna or antenna array.

P. “Lattice tower” means a wireless communication support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides.

Q. “Licensed carrier” means any person, firm or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same.

R. “Monopole tower” or “monopole” means a vertical support structure, consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation.

S. “Mount” means any mounting device or bracket which is used to attach an antenna or antenna array to a street pole, building, structure, monopole, or monopole.

T. “Panel antenna” means a directional antenna designed to transmit and/or receive signals in a directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees.

U. “Personal wireless services” or “PWS” means any of the technologies as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, PCS, enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), and paging.

V. “Personal wireless service (PWS) facilities” means any unstaffed facility for the transmission and/or reception of personal wireless services.

W. “Street pole” means telephone, electric, or cable television poles located in a developed street.

X. “Temporary PWS facility” means a nonpermanent PWS facility installed on a short-term basis, for the purpose of evaluating the technical feasibility of a particular site for placement of a PWS facility or for providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare. Examples of temporary PWS include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a PWS facility.

Y. “View corridor” means scenic views of natural and built areas and features, including, but not limited to: tree-covered hillsides; the “feathered edge” along ridgelines surrounding the city; views of the built environment which contain significant architectural or historical features; natural features such as lakes, rivers, streams or mountains; an area of landscaping of local or regional significance; or a public art work.

Z. “Whip antenna” means an omni-directional antenna designed to transmit and/or receive signals in a 360-degree pattern. (Ord. 1885 § 1, 2002; Ord. 1733 § 7, 1998).

12.11.030 General provisions.

A. The placement or modification of any PWS facility at any location within the city is subject to the provisions of this chapter.

B. PWS facilities shall not be permitted on any building or structure within an area of the city zoned exclusively R 40,000 through R 2,800, including the SSHO and MHP overlay zones, except as specified in BMC 12.11.040.

C. PWS facilities located within a designated critical area, as defined by BMC 14.04.050, shall comply with the requirements of Chapter 14.04 BMC.

D. Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be permitted only as specified in BMC 12.11.040.

E. No variances or deviations from the provisions of BMC 12.11.040 and 12.11.070 shall be permitted. (Ord. 1946 § 2, 2005; Ord. 1733 § 7, 1998).

12.11.040 PWS facilities – Permitted locations.

The following siting standards shall apply to all new PWS facilities:


Zone Designation	Permitted Uses	Visual, Dimensional and Equipment Enclosure Standards	Noise Standards
Exclusive residential zones (R 40,000 – R 2,800, including MHP and SSHO overlays)	PWS facilities located within a developed street are permitted	As per BMC 12.11.070(A)	As per BMC 8.26.040 and WAC 173-60-040
	PWS facilities attached to existing monopole and lattice towers are permitted	As per BMC 12.11.070(F) and (G)	As per BMC 8.26.040 and WAC 173-60-040
Commercial zones (NB, CB, GC, LI, OP) and mixed use zones containing R 4,000, R 2,800 or R‑AC as components	PWS facilities within developed streets are permitted	As per BMC 12.11.070(B)	As per BMC 8.26.040 and WAC 173-60-040
	PWS facilities attached to an existing nonresidential buildings are permitted	As per BMC 12.11.070(C)
	PWS facilities attached to existing Seattle City Light high voltage transmission towers are permitted	As per BMC 12.11.070(E)
	Monopoles are permitted	As per BMC 12.11.070(D)

New monopoles not to exceed 110 feet in height are permitted in the following commercial zones:

A. Properties which have all the following zoning classifications as follows: CB, OP, LI and R 2,800 or R-AC and no others.

B. Commercial zones which have the exclusive combination of CB and OP as a zoning classification and which are located in areas lying within 400 feet of the Interstate 405 right-of-way and more than 100 feet east of the SR-527 right-of-way.

C. Commercial zones which have the exclusive combination of OP and LI as a zoning classification. (Ord. 1946 § 2, 2005; Ord. 1885 § 1, 2002; Ord. 1876 § 2, 2002; Ord. 1733 § 7, 1998).

12.11.050 PWS facility permit required – Type of action.

A PWS facility permit shall be required prior to the construction or installation of each PWS facility other than a temporary PWS facility as defined herein. For the purposes of BMC Title 11, PWS facility permits shall be designated as Type I project permit applications. BMC Title 11 notwithstanding, all applicants for PWS facilities shall comply with the posting requirements set forth in BMC 11.19.005 and post a notice of application meeting the requirements of BMC 11.06.004(C) upon the subject property. No other public notice shall be required for such permits. (Ord. 1733 § 7, 1998).

12.11.060 Contents of complete application.

An application for a PWS facility permit is complete for the purposes of this section when it has been determined by the city to contain the information described below in addition to the standard application information required under BMC Title 11, Administration of Development Regulations. The permit fee shall be established by resolution of the city council. A complete application is sufficient for continued processing even though additional information may be required or modifications may subsequently be made. The city’s determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the application occur. A complete application shall contain:

A. A complete application form, permit fee, and attachments signed and dated by the owner/agent. The application shall be on a standardized form approved by the director and provided to the applicant by the department of public works and community development;

B. The name, address, phone number and signature of the applicant or authorized representative;

C. A complete legal description of the subject property;

D. Locational maps, including:

1. A city-wide map showing the location of the proposed PWS facility and the location of any existing and known or planned future PWS facilities of the licensed carrier within the city;

2. A map depicting the area immediately around the proposed site, showing the zoning designation of the subject property and of all adjacent properties;

E. Site plans, drawn to scale, depicting the proposed and existing improvements on the property. The site plans shall include drawings which include a plan view and elevations, and contain the following information:

1. Dimensions and shape of the lot, and street names;

2. Location and dimensions of existing and proposed buildings and structures, including setbacks;

3. Circulation. Adjacent street improvements, curb cut locations for ingress and egress, and parking layout in accordance with Chapter 12.16 BMC; provided, however, that the requirements of BMC 12.16.090, Pedestrian Circulation and Access, shall not apply to PWS facilities;

4. Existing and proposed landscaping, in accordance with this chapter, including the location of significant trees with a caliper diameter exceeding eight inches as measured four feet above grade;

5. Existing watercourses, critical areas, utility fines, easements, deed restrictions, rockeries, and other built or natural features restricting use of the subject property;

6. Preliminary grading plan depicting proposed and existing grades at five-foot contours if grading is proposed in conjunction with the proposed PWS facility;

7. Storm drainage, sidewalks, and exterior lighting;

8. Sight lines for the proposed PWS facility. Said sight lines shall graphically depict the level of visibility of the PWS facility as viewed from adjacent public rights-of-way. At least one sight line shall be provided depicting the site from the north, south, east and west, or as determined by the director;

9. Elevations for all proposed improvements on the site;

F. Color photographs of the existing site, and computer-generated color photographs depicting the proposed PWS facility incorporated into the site (photosimulations, or photosims). At least one color photograph and one color photosim shall be provided depicting the site from the north, south, east and west, or as determined by the director;

G. Six copies of all plans and photographs. All oversized plans shall be folded to eight and one-half by 11 inches. One paper reduction of each oversized plan to eleven by seventeen inches shall also be provided;

H. A description of the support structure or building upon which the PWS facility is proposed to be located, and the technical reasons for the design and configuration of the PWS facility;

I. A statement of whether excess space will be incorporated into the design and configuration of the structure or building, whether excess space will remain after installation of the proposed PWS facility, and whether such excess space shall be leased;

J. Information necessary to determine the intended service area of the PWS facility;

K. Design information, including equipment brochures, color and material boards, and dimensional information;

L. Information necessary to demonstrate the applicant’s compliance with FCC and FAA rules, regulations and requirements, including such information as may be submitted to the FCC to demonstrate compliance with FCC regulations related to radio frequency emissions from the proposed PWS facility;

M. Necessary information for review of environmental impacts, in accordance with BMC Title 14, Environment;

N. Application fee and environmental trust fee (if subject to SEPA review);

O. Applications found to contain material errors shall not be deemed complete until such errors are corrected;

P. A completed right-of-way placement permit application under Chapter 17.24 BMC if the PWS facility is to be located within a public right-of-way;

Q. The director may waive the specific submittal requirements set forth in subsections (E)(3) through (E)(5) of this section when determined to be unnecessary for review of the application. (Ord. 1733 § 7, 1998).

12.11.070 Visibility and dimensional standards.

All PWS facilities locating within the city of Bothell shall comply with the following standards:

A. Street Pole Mounted PWS Facilities (Exclusively Residential Zones Including SSHO and MHP Overlay Zones).

1. Location. Ground-mounted equipment shall be located as close as possible to the intersection of the public right-of-way boundary and the side property line of the abutting property, but in no case shall any portion of said equipment be located more than six feet from either side of said intersection.

2. Antennas. Antennas shall be mounted on street poles. Only one PWS facility shall be permitted on any street pole. Antennas shall be equal to or less than six feet in height, including the mount, if any. Combined surface area of all antennas shall not exceed a total of more than 580 square inches. Antennas shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. Antennas not flush mounted on the side of the street pole shall be centered on the top of the street pole to which they are mounted and camouflaged or disguised.

In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antenna(s) so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 15 feet or the required separation, whichever is less. Any such mount shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.

Existing street poles may be replaced with a new street pole of the same height, dimensions and appearance as the existing street pole. In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antennas so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 15 feet or the required separation, whichever is less. Antenna(s) located upon the new street pole shall meet the standards for mounting an antenna to an existing street pole, as set forth above.

3. Equipment Enclosures.

a. Dimensions.

i. Aboveground equipment enclosures shall not be greater than six cubic feet in volume. No single dimension shall exceed three feet.

ii. Below ground equipment enclosures shall not be greater than six cubic feet in volume. A below ground equipment enclosure may be connected to an aboveground equipment enclosure with a combined total volume of no greater than 12 cubic feet.

b. Appearance. The equipment enclosure shall be constructed and screened so as to minimize its visual impact from the developed street and adjacent properties. Such screening shall consist of a sight-obscuring wood fence, evergreen plantings spaced so as to obscure sight, or a combination of the two, as determined by the director to be most effective.

4. Horizontal Separation. For PWS facilities located within developed streets, there shall be a minimum horizontal separation of 300 feet between the PWS facilities of a single licensed carrier and a minimum horizontal separation of 100 feet between the PWS facilities of any other licensed carrier.

B. Street Pole Mounted PWS Facilities (Commercial Zones).

1. Antennas. Antennas or antenna arrays shall be no greater in size than six feet measured vertically, including the mount, and 16 inches in diameter measured horizontally. Antennas shall be mounted on street pole. Only one PWS facility shall be permitted on any street pole. Antennas shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. Antennas not flush mounted on the side of the street pole shall be centered on the top of the street pole to which they are mounted and camouflaged or disguised.

In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antennas so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 15 feet or the required separation, whichever is less. Any such mount shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.

2. Equipment Enclosures Placed in Developed Streets. Equipment meeting the standards set forth below may be located in developed streets.

a. Dimensions.

i. Aboveground equipment enclosures shall not be greater than six cubic feet in volume. No single dimension shall exceed three feet.

ii. Below ground equipment enclosures shall not be greater than six cubic feet in volume. An below ground equipment enclosure may be connected to an aboveground equipment enclosure with a combined total volume of no greater than 12 cubic feet.

3. Aboveground Equipment – Not Located within Public Rights-of-Way.

a. Appearance. Ground-mounted equipment enclosures shall be of the smallest size necessary and painted a natural, nonreflective color so as to blend in with the surroundings. Any new building or structure constructed for housing equipment, other than self-contained equipment cabinets, shall be designed and constructed to be architecturally compatible with buildings in the immediate vicinity and to blend into the surroundings. The exterior of all such buildings or structures shall be finished with masonry or siding and shall have a peaked roof. Buildings or structures with nonmasonry exterior finishing shall be painted a natural, nonreflective color. Pre-fabricated concrete and metal structures shall not be permitted unless treated with a facade meeting the requirements of this paragraph.

b. Screening and Noise Standards. Unless the applicant demonstrates that the proposed PWS facility will generate no increased sound levels, as measured at the property line of the subject property at any time of day or night, ground-mounted equipment cabinets and equipment enclosures shall be surrounded with a solid masonry or concrete wall on all four sides, comprised of at least four inches of solid masonry or concrete components. Said wall shall be located within five feet of any noise source associated with the equipment enclosure and shall have a height that is at least three feet above the highest point of the noise source. Gates or doors providing access to areas within said wall shall be constructed of a solid material and shall not be located on the wall immediately adjacent to the noise source. Any such noise source shall be oriented to minimize impacts on neighboring residential properties.

c. Landscaping. Ground-mounted equipment enclosures which are not required to be surrounded by a masonry or concrete wall shall be surrounded with a six-foot-tall wood fence and a five-foot-wide landscape bed (located in front of the fence) containing Type II landscape materials, as specified in BMC 12.18.040. Otherwise, ground-mounted equipment enclosures shall be surrounded by a 10-foot-wide landscape bed (located in front of the masonry or concrete wall of such structure) containing Type I landscape materials, as specified in BMC 12.18.040. The requirements of this subsection may be varied by the director on a case-by-case basis when doing so would result in a greater degree of concealment of an equipment enclosure. Chapter 12.18 BMC notwithstanding, the landscaping provisions of this subsection shall not be fulfilled through use of berms or fencing.

d. Setbacks. Equipment enclosures shall be constructed with a setback of at least 100 feet from any residential structure and 200 feet from any exclusively residentially zoned property.

C. Attached PWS Facilities (Commercial Zones).

1. Antennas. Roof-mounted antennas shall not exceed 15 feet above the highest portion of the building, including the mount.

Roof-mounted antennas shall be placed to the center of the roof where possible, and shall either be completely concealed or be fully camouflaged into the building design. This may include the construction of false equipment penthouses on the roofs of buildings or some other concealment type structure, the design of which is approved by the director. When a roof mount installation is performed, the antennas, mounting brackets and any concealment structures shall be exempt from the height limit of the underlying zone to the extent that the total height of such facilities do not increase the overall building height by 20 feet.

Side-mounted antennas shall be mounted flush on the exterior walls of the building, not extend above the building parapet or other roof-mounted structure, and shall either be completely concealed or fully camouflaged into the building design. Whip antennas shall be painted a neutral color, or be fully concealed, at the discretion of the director. In determining whether to require concealment of whip antennas, the director shall consider whether the site line diagrams, site plans, and photosimulations submitted by the applicant demonstrate that the whip antennas will not be visible from the public rights-of-way adjacent to the subject property.

2. Equipment Enclosures. Equipment enclosures shall be fully concealed within the interior of the building itself or designed in accordance with the following standards:

a. Rooftops. Equipment enclosures located on the roof of a building shall be placed to the center of the roof where possible and shall either be completely concealed or fully camouflaged into the building with architecturally compatible design.

b. Ground Mounted.

i. Appearance. See subsection (B)(3)(a) of this section.

ii. Screening and Noise Standards. See subsection (B)(3)(b) of this section.

iii. Landscaping. See subsection (B)(3)(c) of this section.

iv. Setbacks. See subsection (B)(3)(d) of this section.

c. Underground. See subsection (B)(5) of this section.

D. New Monopole Towers (Commercial and Mixed Use Zones).

1. Antennas. Panel and omni-directional antennas shall be no greater in height than six feet. The antenna array and mount, if any, shall extend no further from the center line of the pole than 15 feet measured horizontally. Antennas shall be painted a natural, nonreflective color matching the monopole that blends into the natural and built surroundings where it is located.

2. Support Structure. Monopoles shall be located in such a manner that a portion of the tower is screened by existing buildings or trees. Also, the pole shall be painted a natural nonreflective color to blend into the surroundings. The height of the monopole shall be no greater than 110 feet. All new monopole towers shall be screened through the planting of at least five evergreen trees of a minimum height of 20 feet tall and of a species approved by the director. Said trees shall be spaced around the pole in such a manner that the maximum screening effect is achieved. Said trees shall be planted within 30 feet of the monopole and maintained in a healthy condition at all times. Existing trees within 30 feet of the monopole may be used to fulfill this screening requirement. In the event that any such tree shall become diseased or suffer other mortality, it shall be replaced with a tree meeting the requirements of this subsection.

3. Equipment Enclosures.

a. Appearance. See subsection (B)(3)(a) of this section.

b. Screening and Noise Standards. See subsection (B)(3)(b) of this section.

c. Landscaping. See subsection (B)(3)(c) of this section.

4. Setbacks. Monopole support structures and equipment enclosures shall be constructed with a setback of at least 100 feet from any residential structure and 200 feet from any exclusively residentially zoned property, including the SSHO and MHP overlay zones.

E. Seattle City Light Electric Transmission Towers Outside Developed Streets (Commercial Zones).

1. Antennas. Panel and omni-directional antennas shall be no greater in height than six feet. The antenna array and mount, if any, shall extend no further from the center line of the tower than 15 feet measured horizontally. Antennas shall be painted a color matching the tower so as to blend into the existing tower.

2. Equipment Enclosures.

a. Appearance. See subsection (B)(3)(a) of this section.

b. Screening and Noise Standards. See subsection (B)(3)(b) of this section.

c. Landscaping. See subsection (B)(3)(c) of this section.

3. Setbacks. See subsection (B)(3)(d) of this section.

F. Collocation on Existing Monopoles and Lattice Towers (Residential Zones).

1. Antennas. Panel and omni-directional antennas shall be no greater in height than six feet. However, panel, whip, microwave dish, and omni-directional antennas which are for emergency services, emergency notification services or emergency support services may extend more than six feet above an existing lattice or monopole tower as approved by the director. On monopole towers, the antenna array and mount, if any, shall extend no further from the center line of an existing monopole than 15 feet measured horizontally. On lattice towers, the antennas shall extend no further than 10 feet, measured horizontally, from the portion of the lattice tower to which the antennas are mounted. Existing monopole and lattice towers, and any additional equipment collocated thereon, shall be painted a natural, nonreflective color that blends into the natural and built surroundings where it is located.

2. Support Structure. All monopole and lattice towers upon which collocation is permitted shall be screened through the planting of at least five evergreen trees of a minimum height of 20 feet tall and of a species approved by the director. Existing trees of equal or greater height within 30 feet of the monopole may be used to fulfill this requirement. Said trees shall be spaced around the pole in such a manner that the maximum screening effect is achieved. Said trees shall be planted within 30 feet of the monopole and maintained in a healthy condition at all times. In the event that any such tree shall become diseased or suffer other mortality, it shall be replaced with a tree meeting the requirements of this subsection.

3. Equipment Enclosures.

a. Appearance. See subsection (B)(3)(a) of this section.

b. Screening and Noise Standards. See subsection (B)(3)(b) of this section.

c. Landscaping. See subsection (B)(3)(c) of this section.

4. Setbacks. New equipment enclosures associated with new PWS facilities collocated upon existing monopoles or lattice towers shall be placed no closer to existing residential uses than any existing equipment enclosure on the subject property.

G. Existing Monopole and Lattice Towers.

1. Any monopole or lattice tower existing within the city as of June 16, 1998, shall comply with the standards set forth in subsections (B)(3)(b) and (B)(3)(c) of this section within 12 months of June 16, 1998. Collocation on existing monopoles and lattice towers shall be permitted. However, the height of said towers shall not be increased.

2. Any existing monopole or lattice tower (as defined in subsection (G)(1) of this section) may be replaced on the same parcel with a new monopole. The new monopole tower must comply with subsection D of this section. However, the height of the new monopole may be the same as the tower being replaced or the height prescribed in subsection (D)(2) of this section, whichever is higher. (Ord. 1885 § 1, 2002; Ord. 1733 § 7, 1998).

12.11.080 Collocation – Covenant of good faith.

A. All new monopole towers, and any pre-existing monopole or lattice towers, owned by a licensed carrier, upon which this chapter permits collocation of additional PWS facilities, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically collocated thereon. However, nothing in this chapter shall prevent such licensed carrier from charging a reasonable fee for the collocation of additional PWS facilities upon said tower which does not exceed the fair market value for the space occupied.

B. All licensed carriers shall cooperate with each other in collocating additional PWS facilities upon such towers. All licensed carriers shall exercise good faith in collocating with other licensed carriers and in the sharing of towers, including the sharing of technical information to evaluate the feasibility of collocation. In the event that a dispute arises as to whether a licensed carrier has exercised good faith in allowing other licensed carriers to collocate upon its tower, the city may require a third party technical study to evaluate the feasibility of collocation at the expense of either or both licensed carriers. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this chapter for a new monopole tower.

C. Any licensed carrier which allows collocation upon a tower permitted pursuant to this chapter may condition said collocation to assure that the collocated PWS facility does not cause electronic or radio-frequency interference with its existing PWS facility. In the event that the collocated licensed carrier is unable to remedy the interference, the owner of the tower shall be relieved of its obligation to allow collocation of the interfering PWS facility upon its structure. (Ord. 1733 § 7, 1998).

12.11.090 Recovery of city costs.

A. Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the city for all direct and indirect expenses reasonably incurred in connection with the modification, amendment, or transfer of the permit.

B. Each permittee shall be required to reimburse the city for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a PWS facility authorized by a permit granted pursuant to this chapter.

C. Costs incurred by the city in response to any emergency at the PWS facility shall be included within the reimbursable expenses set forth in this section. (Ord. 1733 § 7, 1998).

12.11.100 Maintenance of facilities.

Each permittee shall maintain its PWS facility in a good and safe condition and to preserve its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. (Ord. 1733 § 7, 1998).

12.11.110 Modification.

Any proposed change or addition to any PWS facility shall require the issuance of a new PWS facility permit, pursuant to the requirements of this chapter. This provision shall not apply to routine maintenance of a PWS facility, nor to the replacement of any portion of the PWS facility with identical equipment. (Ord. 1733 § 7, 1998).

12.11.120 Testing of PWS facilities required – Radio frequency radiation.

A. All licensed carriers shall conduct tests necessary to demonstrate compliance with all applicable FCC regulations regarding the radio frequency emissions of the PWS facility. All such tests shall be performed by or under the supervision of radio frequency engineer competent to perform such tests and interpret the data gathered.

B. All licensed carriers shall submit a report, certified by a radio frequency engineer, setting forth the following:

1. Measurement of existing or ambient radio frequency radiation (RFR);

2. Existing RFR plus proposed PWS facility: maximum estimate of RFR from the proposed PWS facility plus existing ambient RFR;

3. Existing RFR plus proposed PWS facility plus cumulative: maximum estimate of RFR from the proposed PWS facility plus the maximum estimate of RFR from the total addition of collocated PWS facilities, if any, plus the existing ambient RFR;

4. Certification, signed by a radio frequency engineer, stating that the RFR measurements are accurate and meet FCC guidelines.

C. Initial field measurements shall be performed prior to placing the PWS into service and the initial compliance report shall be submitted within 14 days of the PWS becoming fully operational.

D. Compliance reports shall be required on an annual basis thereafter. Annual compliance reports shall be submitted by January 1st of each calendar year; provided, however, that a PWS facility installed

and initially tested within nine months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

E. The city may retain a technical expert in the field of radio frequency engineering to verify the RFR measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier or applicant.

F. If at any time the radio frequency emission tests show that the PWS facility exceeds any of the standards established by the FCC, the licensed carrier shall immediately discontinue use of the PWS facility and notify the city. Use of the PWS facility may not resume until the licensed carrier demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC. (Ord. 1733 § 7, 1998).

12.11.130 Testing of PWS facilities required – Noise emissions.

A. Each licensed carrier shall conduct tests necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the PWS facility. All such tests shall be performed by or under the supervision of a qualified acoustical consultant competent to perform such tests and interpret the data gathered.

B. All licensed carriers shall submit a report, certified by a qualified acoustical consultant, setting forth the observed noise levels at the property line of the property upon which the PWS facility is located. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the PWS facility, including any air conditioning or ventilation equipment contained therein.

C. Compliance reports shall be required on an annual basis and shall be submitted by January 1st of each calendar year; provided, however, that a PWS facility installed and initially tested within nine months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

D. The city may retain a technical expert in the environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier.

E. This section shall not apply to any PWS facility that does not contain air conditioning equipment. (Ord. 1733 § 7, 1998).

12.11.140 Security.

All PWS facilities shall be protected from unauthorized use through appropriate means approved by the director on a case-by-case basis consistent with the purpose of protecting the public health, safety, and welfare. (Ord. 1733 § 7, 1998).

12.11.150 Abandonment of PWS facilities.

A. The owner or operator of all PWS facilities shall, on an annual basis, submit a written report to the city, signed under penalty of perjury, which demonstrates whether or not there has been a cessation in use of the PWS facility for a period of three months during the prior year. Annual compliance reports shall be submitted by January 1st of each calendar year; provided, however, that a PWS facility permitted and installed within nine months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

B. Any PWS facility that has had no antenna mounted upon it for a period of six months, or if the antenna(s) mounted thereon are not operated for a period of three months, shall be considered abandoned, and the owner thereof shall remove the PWS facility within 90 days after receipt of a notice from the city to do so.

C. In the event that more than one wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section.

D. If a PWS facility and associated equipment are not removed within 90 days after receipt of a notice from the city requiring said removal, the city may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such PWS facility is situated in an amount equal to the cost of removal. (Ord. 1733 § 7, 1998).

12.11.160 Signs.

No permittee shall place or allow to be placed signs, symbols, flags, or banners attached to, painted, or inscribed upon any PWS facility. A permittee may place not more than one sign measuring 12 inches by 12 inches upon or near the PWS facility which: (1) states that trespassers will be prosecuted (if applicable); (2) lists the names and telephone numbers of persons to be contacted in the event of an emergency; (3) identifies the permittee or person responsible for operating the PWS facility; and/or (4) contains information necessary and convenient for the permittee or person operating the PWS facility to identify the PWS facility. Nothing in this section shall be construed to prohibit the placement of safety or warning signs upon any portion of the PWS facility which are required by law or which are designed to apprise emergency response personnel and the employees and agents of PWS providers of particular hazards associated with equipment located upon the PWS facility. (Ord. 1733 § 7, 1998).

12.11.170 Revocation or termination of permit.

In addition to the remedies and process set forth in Chapter 11.20 BMC, a permit issued pursuant to this chapter may be revoked for the following reasons:

A. Construction and/or maintenance operation of a PWS facility at an unauthorized location;

B. Construction or operation of a PWS facility in violation of any of the terms and conditions of this chapter or the conditions attached to the permit;

C. Misrepresentation or lack of candor by or on behalf of an applicant, permittee, or wireless communications service provider in any application or written or oral statement upon which the city substantially relies in making the decision to grant, review or amend any permit pursuant to this chapter;

D. Abandonment of a PWS facility as set forth in this chapter;

E. Failure to relocate or remove facilities as required in this chapter; or

F. Failure to promptly cure a violation of the terms or conditions of the permit. (Ord. 1733 § 7, 1998).

12.11.180 Notice and duty to cure.

In the event that the city believes that grounds exist for revocation of a permit, the permittee shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee a reasonable period of time not exceeding 30 calendar days to furnish evidence:

A. That corrective action has remedied the violation or noncompliance;

B. That rebuts the alleged violation or noncompliance; and/or

C. That it would be in the public interest to impose some penalty or sanction less than revocation. (Ord. 1733 § 7, 1998).

12.11.190 Hearing.

A. In the event that a permittee fails to provide evidence reasonably satisfactory to the city as provided in BMC 12.11.180, the city shall refer the apparent violation or noncompliance to the hearing body. The hearing body shall provide the permittee with notice and a reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.

B. Within 10 calendar days of completion of the hearing, the hearing body shall issue a written decision revoking the PWS permit or imposing such lesser sanctions as may be deemed appropriate under the circumstances.

C. In making its decision, the hearing body shall apply the following factors:

1. Whether the misconduct was egregious;

2. Whether substantial harm resulted;

3. Whether the violation was intentional;

4. Whether there is a history of prior violations of the same or other requirements;

5. Whether there is a history of overall compliance; and

6. Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 1733 § 7, 1998).