Chapter 19.99
WIRELESS COMMUNICATIONS
Sections:
19.99.050 Application requirements and permit review.
19.99.060 General development standards.
19.99.070 Development standards by zoning district.
19.99.080 Requirement for independent consultation.
19.99.090 Wireless facility site plan approval criteria.
19.99.100 Permit limitations/expiration.
19.99.110 Nonconforming uses and structures.
19.99.130 Federal requirements.
19.99.140 Removal of antennas and support structures.
19.99.150 Subsequent review of chapter.
19.99.010 Purpose.
A. Purpose. In addition to accomplishing the general purposes of the comprehensive plan, this title, and the Federal Telecommunications Act of 1996, the purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of wireless cellular/personal communication service (PCS) facilities, including support structures and antennas. The purposes of this chapter are to:
1. Minimize the adverse visual, aesthetic and safety impacts of wireless cellular/PCS facilities;
2. Establish clear and objective standards for the placement, design and continuing maintenance of wireless cellular/PCS facilities;
3. Ensure that such standards allow competition and do not unreasonably discriminate among providers of wireless cellular/PCS services;
4. Encourage the design of such facilities to be aesthetically and architecturally compatible with surrounding areas;
5. Encourage the location of wireless cellular/PCS towers in areas that do not present potential hazard or adverse visual impacts; and
6. Encourage the co-location or attachment of wireless antennas on existing wireless cellular/PCS towers or structures. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.010.]
19.99.020 Applicability.
A. Exemptions. The requirements of this chapter shall apply to all new wireless cellular/PCS communication facilities and the expansion and/or alteration of any existing facilities within the County, subject to the following exemptions:
1. Satellite earth stations;
2. Send-and-receive citizen band radio antennas operated by federally licensed amateur (ham) radio operators, amateur sole source emitters, and citizen band transmitters;
3. Two-way broadband antenna for personal use as land mobile services, regulated by the FCC Rules Part 90;
4. Industrial, scientific and medical equipment as regulated by the FCC in 47 CFR Part 18;
5. Military and government radar antenna and associated communication towers used for navigational purposes as regulated by the FCC by 47 CFR Parts 97 and 95 respectively:
a. Military and federal, state and local government communications facilities used for emergency preparedness, first-responders and public safety purposes;
6. Normal, routine and/or emergency maintenance and repair of existing wireless cellular/PCS facilities which do not increase the height, visibility or further intrusion into a setback area, do not increase radio frequency emissions, and otherwise comply with County, state and federal law and regulations; and
7. Commercial broadcast radio, television and translator towers, further defined in JCC 19.11.050 as a “Communication Facility,” that is not specifically designated as a wireless cellular/PCS support structure or facility. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.020.]
19.99.030 Definitions.
“Abandonment.” A support structure or facility is considered abandoned when it has not been utilized by a carrier licensed or recognized by the Federal Communications Commission (FCC) for any continuous period of 365 days.
“Antenna” means an electrical conductor or group of electrical conductors that transmit or receive radio signals.
“Camouflage” means a method of concealment that allows otherwise visible components of the wireless cellular/PCS facility to remain unnoticed by blending with the surrounding dominant built or natural environment.
“Carrier” means a company authorized by the FCC to build and/or operate a commercial cellular/PCS mobile radio services system.
“Co-Location” means the use of a single wireless communication support structure for the placement of multiple cellular/PCS antennas or equipment involving different carriers.
“Commercial Mobile Radio Services” means any of several technologies using radio signals at various frequencies to send and receive voice, data and/or video, as regulated by the FCC by 47 CFR Part 90.
“Equipment Shelter” means a structure housing power lines, cable, connectors, emergency generators and other equipment ancillary to the transmission and reception of telecommunications.
“Essential Public Communication Service” means police, fire, medical and similar emergency communication networks.
“Excluded Uses and Structures.” Exclusion of uses and structures listed in JCC 19.99.020 does not exclude them from other applicable provisions of the RLDC.
“Facility” is synonymous with “wireless cellular/PCS communication facility.”
“FCC” means the Federal Communications Commission.
“Feasible” means probable, likely and reasonably certain to succeed.
“Gap in Service” means a significant area within the service area of the applicant in which a large number of subscribers are not able to connect or maintain a connection through the applicant’s telecommunications network.
“Microcell” means an element of a wireless communication facility consisting of an antenna that is either: (1) four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in length.
“Minor Modification” means an improvement or modification of a lawfully existing facility that does not increase in height or visibility or intrude (or cause further intrusion) into a setback area, including additional antennas on an existing sector antenna array.
“RF Engineer” means an engineer licensed in Oregon in the field of telecommunications or radio frequency engineering.
“RF Propagation Map” means a map showing the geographic coverage area of the radio frequency waves from one or more wireless communication facilities.
“Search Ring” means an area drawn on a map that indicates where a wireless communication facility could be located to meet requirements given to an RF Engineer to provide service to an area. The dimensions of a search ring vary, depending upon topography, the service to be provided, and other factors, including whether the area is urban, suburban or rural in nature.
“Sector Antenna Array” means a structure mounted on a building or support structure used for mounting antennas.
“Stealth Technology” means a combination of technologies that reduce the visual detection of cellular/PCS equipment; a combination of small size, reduced acoustic, thermal or other aspects of the presence of cellular/PCS wireless facilities.
“Support Structure” means a tower, building or other structure that supports antennas used for cellular/PCS transmission.
“TCA” means the Telecommunications Act of 1996, as amended.
“Wireless Cellular/PCS Facility” means an unstaffed facility for the transmission or reception of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure such as a self-supporting monopole or lattice tower, antennas, microwave dishes or other transmission and reception devices, and all ancillary equipment. This definition includes “personal wireless services facilities” as defined under the Telecommunications Act of 1996. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.030.]
19.99.040 Review types.
Application for new or modified facilities shall utilize the following procedures named below, and detailed in Chapter 19.41 JCC.
A. Ministerial. Applications for co-location, minor modifications and temporary wireless communication facilities shall be subject to a ministerial review of compliance with the general development standards of JCC 19.99.060.
B. Quasi-Judicial. Applications for new wireless cellular/PCS communications facilities that include support structures, modification to existing facilities that do not qualify as minor modifications, and the addition of cellular/PCS antennas to existing support structures that do not currently have them shall be subject to a quasi-judicial review procedure in compliance with the general development standards of JCC 19.99.060, development standards by zoning district of JCC 19.99.070, and the approval criteria of JCC 19.99.090. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.040.]
19.99.050 Application requirements and permit review.
A. Pre-Application. Pre-application review is required for all proposed cellular/PCS communication facilities except for co-located antennas proposed on existing cellular/PCS support structures. In addition to the requirements of Chapter 19.21 JCC and the pre-application form provided by the County, the applicant shall submit:
1. A detailed map showing the applicant’s current coverage area, clearly indicating the area of gap in service, and nearest existing antenna/support structures used by the applicant.
2. A graphic representation of the search ring for wireless communication services proposed.
B. Siting Priorities. When an applicant demonstrates new cellular/PCS antennas are necessary to provide adequate coverage to an area with a service gap, the following list of priorities (in descending order of preference) shall be used to determine the type of facility permitted. In all instances, mounting antennas on an existing structure is preferred to a new freestanding structure.
1. Co-location on an existing cellular/PCS support structure.
2. Installation of a new cellular/PCS support structure on a site where a cellular/PCS structure exists.
3. A new site in an industrial or commercial zone.
4. A new site in a forest zone.
5. A new site in a farm, residential or other nonresource zone.
C. Co-Location Application Requirements. Applications for co-location of additional antennas and/or cellular/PCS equipment on existing facilities or support structures of cellular/PCS facilities shall include:
1. A copy of the original site plan map (or a new map if site plan was not done) for the approved existing facility and tower updated to reflect current and proposed conditions on the property. The site plan map requirements of JCC 19.42.060 shall apply.
2. A depiction of the tower showing placement of the co-located antenna and associated equipment, together with other existing co-locations. The depiction must note the height, color and physical arrangement of the antenna and equipment.
3. If existing vegetation, screening, fencing, enclosure, lighting, drainage, wetlands, grading, driveways, or roadways, parking, or other infrastructure is to be removed or modified by the co-location, the site plan shall identify the kind and extent of proposed changes.
4. A statement from a licensed engineer certifying under professional seal:
a. The existing tower structure will support the additional antenna and equipment; and
b. The facility with co-located antenna and equipment continues to comply with the nonionizing electromagnetic radiation emission standards as specified by the FCC; and
c. The modified facility and support structure meets the most recent EIA/TIA 222 safety standards.
D. Co-Location Performance Standards. Co-located cellular/PCS facilities must satisfy the following standards:
1. Comply with the nonionizing electromagnetic radiation emission standards as specified by the FCC.
2. The centerline of the antenna is not to exceed the height of the host tower.
3. Otherwise qualify as a minor modification as proposed or performed.
4. Conform to the general development standards of JCC 19.99.060, as applicable.
E. New Wireless/PCS Facility Permit Application Requirements. In addition to the requirements of Chapter 19.42 JCC and the information required by subsection (A) of this section, the applicant shall provide the following for quasi-judicial permit review:
1. Coverage Maps.
a. A map showing the applicant’s current coverage area from the nearest existing antenna/support structure in all directions used by the applicant, clearly indicating the area of the purported significant gap in existing coverage.
b. Detailed RF propagation map showing the area to be serviced by the proposed facility structure.
c. Detailed RF propagation maps from the closest existing or permitted cellular/PCS support structures in all directions, indicating which support structures are currently used by the applicant company.
2. A narrative describing how the proposal complies with the development standards of this section and JCC 19.99.070.
3. A co-location access study pertaining to the subject site, including:
a. Available sites map.
b. Report from a qualified licensed structural engineer demonstrating the ability of the support structure to meet the standards of the Oregon Building and Specialty Codes.
c. Plans demonstrating the proposed support structure can accommodate co-location of two additional sector arrays on the structure.
d. Assessment of the anticipated capacity of the support structure, including number and types of antennas to be accommodated.
4. A report from a qualified licensed RF engineer demonstrating:
a. That the proposed facility, including all antennas at the site combined, will be in compliance with nonionizing electromagnetic radiation emission standards and other regulations regarding wireless communication facilities as regulated by the FCC.
b. That the proposed facility is in compliance with the development standards of this chapter.
c. An analysis of the use of all appropriate technology for filling a gap in service area, demonstrating the proposed site is the least intrusive option when considering alternatives, addressing the siting priorities of subsection (B) of this section.
5. A deposit to cover the cost of independent consultation and review by a licensed engineer under JCC 19.99.080, if such review is required.
6. A signed statement from the property owner and the service provider acknowledging liability for removal of the facility and support structure. The County may review the performance agreement and require modification of the agreement or, if no agreement exists, require a new performance agreement to achieve adequate security.
7. A signed statement from the applicant that the facility meets the most recent EIA/TIA 222 safety standards.
8. Visual Impact Study. A simulation of the potential visual impacts of the proposed facility, describing methods for mitigation of the resulting impacts. Photographs or drawings shall be submitted demonstrating the visual presence of the proposed facility at property lines and from visually accessible public rights-of-way.
9. A site plan map meeting the requirements of JCC 19.42.060, and accompanying materials, including:
a. Proposed facility layout and grading plan, including the location of support structures, buildings or equipment shelters, setback from the base of support structure, exterior lighting and signage.
b. Location of utility lines.
c. Elevation plan, including proposed height of all structures, including proposed antenna sector arrays.
d. Detail of proposed exterior finish of support structure.
e. Details of backup power system and fuel storage.
f. Assessor parcel map indicating all residences (if present) within 1,200 feet of the proposed wireless/PCS facility.
10. Detailed statement by the RF engineer confirming the maximum power output for each antenna, and all combined, and output frequencies of the transmitter.
F. Permit Issuance. Prior to the issuance of a development permit, the applicant shall provide the following:
1. A copy of the applicant’s license issued by the FCC.
2. A copy of the findings from the FAA’s Aeronautical Study Determination regarding the proposed support structure.
3. In the case of a proposed leased site, the applicant shall demonstrate that the lease agreement does not preclude the site owner from entering into leases of the proposed facility with other providers.
4. Recorded covenant signed by property owner and applicant whereby they agree to remove any abandoned cellular/PCS facility in conformance with the requirements of JCC 19.99.140. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.050.]
19.99.060 General development standards.
The following minimum development standards shall apply to all cellular/PCS communication facilities in addition to any development standards that apply in the underlying zoning district in which a cellular/PCS facility is located and/or additional requirements in any conditions of approval attached to a development approval. In the event of a conflict between the standards of this chapter and other applicable development standards of the RLDC, the provisions of this chapter shall govern.
A. Anticlimbing Devices. All wireless communications support structures shall be designed to prevent climbing by unauthorized persons.
B. Attachment to Trees Prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.
C. Signs. All facilities shall be identified (and limited to) one nonilluminated sign not exceeding four square feet. The sign shall only list the wireless service provider’s name and emergency telephone number and shall be posted in a place clearly visible to emergency response personnel. Any other signage required by the FCC or Federal Occupational Health and Safety Administration (OSHA) rules may be posted on the site.
D. Historical Registry/District. Wireless communications facilities locating on any site or existing building that is on a historic register or in a historic district shall be subject to the applicable design standards prescribed by the local, state or federal agency with jurisdiction over such register or district.
E. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA, the Oregon Department of Aviation, or County Airport Authority.
F. Exterior Finish. Wireless communications facilities and antennas shall be painted or finished in a nonreflective surface that blends with the dominant background, except where otherwise required by the Federal Aviation Administration or Oregon Department of Aviation. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish, in accordance with visual blending or camouflage as required in each approved permit.
G. Setback Limitation. The location of support structures shall meet the following minimum setback standards:
1. The minimum setback from all adjacent property lines in different ownership for a proposed cellular/PCS support structure shall be 50 feet plus total permanent design height. In no instance shall a cellular/PCS support structure be sited closer to any property line than this distance.
2. In all zones other than commercial and industrial, the minimum setback from an existing, proposed or planned residential dwelling unit, public or private school, licensed day-care facility, or public or private park shall be 1,200 feet. For the purpose of this requirement, a proposed or planned residential dwelling is a development deemed to satisfy the definition of “substantial development” for residential structures as defined in JCC 19.11.210.
There may be an exception to the minimum setback administered in this section in the following cases:
a. If an applicant can demonstrate an identified gap in service area cannot be served with the setback in place, as verified by an independent RF engineer, and either:
[1] The legal owner(s) of a private property listed herein within 1,200 feet of a proposed cellular/PCS facility has waived any amount of this setback from their use in a notarized, written form; or
[2] If good faith efforts have been made to obtain waivers from listed property owners to allow siting, but have been unsuccessful, then the required setback from the above listed uses may be reduced by the minimum amount necessary to serve the gap in service.
3. The minimum setback from the nearest state/County inventoried historic place or structure or known archaeological site is 1,200 feet. Alternative setbacks may be approved by the Planning Director where it can be demonstrated that the location of the proposed facility will take advantage of an existing natural feature to conceal the facility or minimize its visual impacts.
4. The minimum setback of a facility and/or support structure within a commercial or industrial zone from other structures and/or properties within that zone shall be the standard set forth in the applicable zoning district. The proximity of a facility/support structure located within a commercial or industrial zone to a use in another zone shall also apply the adjacent base zone’s required setback from that use.
5. Setbacks for freestanding wireless communications support structures shall be measured from the ground-level base of the structure.
H. Height Standards. The maximum height of a support structure shall be 200 feet. A support structure shall be no more than the minimum height necessary to achieve the intended demonstrated purpose of the facility and allow co-location of antennas.
I. Wildfire Safety. A wildfire safety plan and driveway access plan is required for all facilities per the requirements of Chapter 19.76 JCC, as applied to new structures within a forest zone.
J. Parking and Access. Each facility shall include one parking space. Whenever possible, vehicular access to the facility shall be incorporated into the existing driveway of a site.
K. Insurance. Liability insurance in an amount not less than $1,000,000 shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the site.
L. Performance Bond. A performance bond shall be required of all applicants for new wireless communication facilities, in accordance with Chapter 19.14 JCC.
M. Building and Utility Permits. Building and utility permits are required for all wireless communications facilities in compliance with adopted Oregon Building Codes and the requirements of individual utility providers.
N. Replacement of Existing Structures. Wireless communications facilities lawfully placed that preexisted this chapter may be replaced, after a standards-only review through a ministerial process, if the dimensions of the facility or support structure do not increase in height or visibility or intrude (or cause further intrusion) into a setback area.
O. Co-Location Access Study. Access to all new wireless communication facilities shall be provided for purposes of co-location by other carriers. The applicant shall demonstrate co-location is available by submitting an assessment which includes:
1. The anticipated capacity of the support structure, including the number and types of antenna which can be accommodated; at a minimum, the structure must be designed to accommodate at least two additional wireless sector antenna arrays.
2. A projection of the wireless communication facilities within the coverage area of the facility proposed by the carrier that can be reasonably anticipated to be sited during the next five years.
3. A summary of findings that support the need for the facility at the location proposed.
P. Compliance with State and Federal Regulations. New wireless/PCS facilities, as well as the maximum capacity of all antennas on the premises combined, must specifically meet the nonionizing electromagnetic radiation emission standards specified by the FCC.
Q. Hazardous Materials and Safety. Upon initial placement in the facility, the location, type and amount of any and all materials that are considered hazardous by federal and state regulation shall be reported by the facility owner to appropriate local and federal authorities. State-of-the-art safeguards relevant to all hazardous materials will be in force at all times. For all components of the facility, all relevant up-to-date industry safety recommendations, including the full IEEE safety program and the most recent revision of the EIA/TIA 222 standards shall be implemented at all times.
R. Placement of Utility Lines. Other than those required to supply electrical service to antenna, utility and service lines for the facility shall be placed underground.
S. Noise Level. Wireless cellular/PCS facility equipment shall not produce an increase in ambient noise level at the property line. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.060.]
19.99.070 Development standards by zoning district.
A. In Exclusive Farm and Farm Resource Districts. The following standards and criteria apply to new facilities proposed to be located in farm zones, as stipulated in ORS 215.275 and 215.283, and OAR 660-033-130:
1. A utility facility established under ORS 215.283(1)(c) is necessary for public service if the facility must be sited in an exclusive farm use zone in order to provide the service.
2. To demonstrate that a utility facility is necessary, an applicant for approval under ORS 215.283(1)(c) must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more of the following factors:
a. Technical and engineering feasibility;
b. The proposed facility is location dependent. A utility facility is location dependent if it must cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;
c. Lack of available urban and nonresource lands;
d. Availability of existing rights-of-way;
e. Public health and safety; and
f. Other requirements of state or federal agencies.
3. Costs associated with any of the factors listed in subsection (A)(2) of this section may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities. The Land Conservation and Development Commission shall determine by rule how land costs may be considered when evaluating the siting of utility facilities that are not substantially similar.
4. The owner of a utility facility approved under ORS 215.283(1)(c) shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this section shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration.
5. The County will impose clear and objective conditions on an application for utility facility siting under ORS 215.283(1)(c) to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmlands.
B. Forest Resource Districts.
1. The proposed use will not force a significant change or increase in the cost of accepted farming or forest practices on forest lands.
2. The proposed use will not significantly increase fire hazards or fire suppression costs or increase risks to fire suppression personnel.
C. Other Zoning Districts. Wireless communications facilities in special districts, including airport hazard overlay, flood hazard overlay, limited development zone and scenic waterway overlay are regulated according to the underlying district standards, and further regulated as follows:
1. Wireless communication support structures are prohibited in the flood hazard overlay zone. Co-location or antenna mounts on existing structures are allowed per the general development standards of JCC 19.99.060.
2. Wireless communication support structures are prohibited in the scenic waterway overlay zone. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.070.]
19.99.080 Requirement for independent consultation.
The assessment of wireless communication facilities may require highly specialized engineering expertise. The County may require the services of a licensed engineer as an independent consultant in order to interpret the requirements of the Telecommunications Act of 1996 as subsequently amended and applied by federal courts, and to review applications under the pertinent criteria and requirements of this chapter. If such services are required in order to evaluate an application, then the County shall proceed as follows:
A. Upon the completion of pre-application review or at any time thereafter but prior to final decision, the Director or Hearing Body may require the application to be reviewed by an engineer who is licensed and certified in the state of Oregon in any one or more of the following fields: telecommunication/radio frequency engineering, structural engineering, the assessment of electromagnetic fields, or other related fields of expertise. The licensed engineer shall act as an independent consultant, and shall disclose to the County any current or past employment with an applicant and/or in the wireless cellular/PCS industry.
B. The Planning Director shall notify the applicant in writing of the County’s decision to obtain an independent consultation by a licensed engineer, and shall require a deposit to cover the anticipated cost of this review. The applicant shall provide written consent by the landowner for the engineer to enter the subject property for purposes of investigation and assessment. The consent and payment of the deposit shall be a requirement for a completed application. The deposit shall be used for actual costs incurred in obtaining the independent consultation of the licensed engineer, and any unused portion of the deposit shall be returned. The County shall provide a copy of the engineer’s report to the applicant as soon as it is received. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.080.]
19.99.090 Wireless facility site plan approval criteria.
A. Criteria. In addition to the general development standards of JCC 19.99.060 and the underlying zoning district standards of JCC 19.99.070, new wireless cellular/PCS facilities that are not exempt per JCC 19.99.020, or considered minor modifications per JCC 19.99.030, are subject to the following criteria, to be satisfied before issuance of a development permit:
1. Requirements for Co-Location. A new facility with support structure shall not be authorized unless the applicant first demonstrates existing support structures cannot accommodate the gap in service and capacity requirements by co-location. Evidence to substantiate this must meet or address all of the following requirements:
a. The application must be prepared by an expert in the field of telecommunication facilities.
b. The applicant must demonstrate that co-location sites are too far from the area needing coverage or capacity to accommodate the necessary equipment at an adequate elevation necessary to fill a gap in service.
c. The proposed equipment would exceed the structural or spatial capacity of existing facilities/support structures, and the existing facilities/support structures cannot be reinforced, modified, or replaced to accommodate co-location.
d. The proposed equipment would significantly impact the usefulness of other equipment at the existing facility and the impact cannot be mitigated or prevented.
e. The proposed equipment alone or together with the existing equipment would create radio frequency interference and/or radio frequency radiation that violates FCC standards.
f. The fees or costs required to share an existing tower or structure, or to adapt an existing tower or structure for co-location, are unreasonable.
2. Justification of Need and Location. The applicant must justify the need for the proposed facility or support structure at the proposed location, by demonstrating with substantial evidence:
a. That the proposed facility and support structure is necessary to fill a gap in service, and available alternative technologies which could be employed to provide adequate coverage from existing support structures on other sites have been studied per subsection (A)(2)(c) of this section and are not technologically feasible.
b. That the disruption results from a lack of coverage and not a lack of capacity to achieve adequate service. If the proposed cellular/PCS facility is to improve capacity, the applicant must provide substantive information on the usage by neighboring cell sites in all directions used by the applicant company and other information used to demonstrate capacity deficiencies.
c. That a comprehensive study of coverage submitted to the County identifies and evaluates less intrusive alternatives, such as: sites with alternative support structures or design systems, or upgrading existing facilities.
d. That, based upon the study required in subsection (A)(2)(c) of this section, less intrusive alternatives are not available and/or technologically feasible.
3. Siting Criteria. If the criteria of subsections (A)(1) and (2) of this section are satisfied, the County shall consider and compare the location, size, design and operating characteristics of a proposed new wireless cellular/PCS facility with other available sites identified by the applicant to determine which site is least intrusive. In determining the preferred site, the County shall consider the following criteria:
a. Whether the proposed site location creates significant adverse impacts (as defined in JCC 19.11.210) to surrounding properties, including but not limited to: noise, excessive drainage or erosion, light, glare, or property values within 1,200 feet of the subject property, as documented from an independent Oregon licensed appraiser.
b. Whether the proposed site location creates significant adverse impacts to the following resources, on or near the property: wildlife habitat, riparian areas or bird nesting sites, state and federally inventoried wetlands, or federally listed endangered animal or plant species, as determined by Oregon Departments of State Lands and Fish and Wildlife.
c. Whether visual impacts have been mitigated to the greatest extent possible by using camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or vegetation, other screening of accessory equipment structures, incorporating facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as use of material similar to that of adjacent buildings or structures; visually blending support structures with architectural features such as flagpoles, bell towers or cornices; or using existing vegetation to camouflage support structures.
d. Whether the proposed location minimizes visibility of the facility to residentially zoned land, and the obstruction of scenic views from residentially zoned land.
e. That the site complies with the siting priorities listed in JCC 19.99.050(B). [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.090.]
19.99.100 Permit limitations/expiration.
A. Expiration of Permits. Any permit for a wireless communication facility shall expire if the facility is abandoned and/or removed per JCC 19.99.140.
B. Period of Review. Any permit for a wireless communications facility issued pursuant to this chapter shall be reviewed after 10 years from effective date of the permit approval. Such review shall be initiated by the applicant within 30 days of the 10-year period, and completed by the County within the timelines established for ministerial review of land use permits. The facility shall be reviewed for compliance with the ordinance in effect at the time of review, and in particular, to determine if opportunities for replacement with “stealth” technology or microcell antennas are technologically feasible. If stealth or microcell antennas are feasible for the site, then these antennas shall be utilized as a replacement, and the existing support structure removed. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.100.]
19.99.110 Nonconforming uses and structures.
Wireless cellular/PCS communication uses and structures in existence as of the effective date of this chapter which are nonconforming as to the use or development standards of this chapter shall be subject to the provisions of Chapter 19.13 JCC, Nonconforming Lots, Uses and Structures, except that new antennas may be permitted to co-locate on existing support structures already hosting cellular/PCS antennas, subject to ministerial review under the general development standards of JCC 19.99.060. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.110.]
19.99.120 Temporary uses.
Temporary Wireless/PCS Facilities. Temporary wireless/PCS facilities are permitted as a temporary use with review by the Planning Director in order to assure continuity in service during repair or maintenance of existing wireless communications facilities or for testing purposes prior to completion of construction of new facilities. Temporary wireless communications facilities shall operate for not more than 60 days, commencing when transmission from such facility begins except when needed for emergency services, as determined by the Josephine County Emergency Services Manager. The temporary facility shall be removed within 30 days after it is no longer needed for telecommunications purposes. Such temporary permits shall be subject to the performance bond requirements of Chapter 19.14 JCC. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.120.]
19.99.130 Federal requirements.
A. Compliance with Federal Regulations and Penalties. All wireless communications support structures must meet or exceed current standards and requirements of the Telecommunications Act, regulations of the Federal Aviation Administration, the FCC and any other agency of the federal government with the authority to regulate wireless communications support structures and antennas.
B. Required Environmental Assessment. Carriers and owners of wireless communications support structures, antennas and electronic equipment shall provide the County with documentation of any environmental assessment (EA) required to be submitted to the FCC or FAA regarding locations within the County simultaneous with any filing with the federal agencies pursuant to 47 CFR Part I, and Sections 1.1307 and 1.1308(a) of the Telecommunications Act. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.130.]
19.99.140 Removal of antennas and support structures.
Any antenna or wireless communications support structure that is determined by the Director to be abandoned as defined in JCC 19.99.030 shall be removed by the owner of the property on which the support structure or antenna is situated, or by the owner or lessee of the support structure or antenna, within 90 days of receipt of notice to remove from the County. If the antenna and/or support structure is not removed within 90 days, the County may remove the antenna or support structure at the owner and lessee’s expense. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.140.]
19.99.150 Subsequent review of chapter.
Communication technologies are subject to rapid change. Future innovations may render specific portions of this chapter obsolete, or require amendment to existing standards. Subsequent review and revision of this chapter shall occur at least every five years hereafter or more frequently at the request of the Planning Commission or Board of County Commissioners. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.150.]