Chapter 18.50
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

18.50.001    Purpose.

18.50.003    Exemptions.

18.50.004    Policy statement.

18.50.005    Recognition of industry site selection criteria.

18.50.006    Site selection criteria.

18.50.007    Priority of locations and application submittal requirements.

18.50.008    Siting priority on public property.

18.50.009    Co-location.

18.50.010    Repealed.

18.50.011    Repealed.

18.50.012    Design criteria.

18.50.013    Other permits required.

18.50.014    Inspection requirements.

18.50.015    Landscaping/screening.

18.50.016    Non-use/abandonment.

18.50.017    Third party review.

18.50.018    Eligible facilities modification.

18.50.019    Severability.

18.50.001 Purpose.

The purpose of this chapter is to:

A. Protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced telecommunications services in the city;

B. Comply with the Telecommunications Act of 1996, which requires the city’s development regulations do not have the effect of prohibiting personal wireless services and do not unreasonably discriminate between providers of functionally equivalent personal wireless services;

C. Provide for a wide range of locations and options for wireless communication providers while minimizing the unsightly characteristics associated with wireless communication facilities;

D. Encourage creative approaches in locating wireless communication facilities which will blend in with the surroundings of such facilities;

E. Preserve the city’s right to continue to enforce and condition approvals under this chapter on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety; and

F. Implement Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, commonly referred to as Spectrum Act, which requires the city to approve modifications to existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. (Ord. 1533 § 16, 2016; Ord. 952 § 4, 2002; Ord. 746 § 18, 1997).

18.50.003 Exemptions.

The following are exempt from the provisions of this chapter and shall be permitted in all zones:

A. Industrial processing, 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. Radar systems for military and civilian communication and navigation;

D. Wireless radio utilized for temporary emergency communications in the event of a disaster;

E. Routine maintenance or repair of a wireless communication facility and related equipment in compliance with the standards of this chapter. Maintenance and repair excludes structural work or changes in height or dimensions of antennas, towers, or buildings;

F. Emergency repair and maintenance of a wireless communication facility. Subject to compliance with all other applicable standards of this chapter, a building permit application shall be filed for emergency repair or maintenance of a personal wireless service facility within 14 calendar days after the completion of such emergency activity;

G. A COW or other temporary wireless communication facility shall be permitted for a maximum of 30 days or during the time of an emergency declared by the city;

H. Structures and facilities maintained and operated by public entities for emergency, police or fire communication, or for public utility operations;

I. An antenna that is designed to receive or send direct broadcast satellite service and/or broadband signals or other means for providing Internet service including direct to home satellite services and that is one meter or less in diameter or diagonal measurement and when the antenna is attached to the residence or business that is utilizing the service;

J. An antenna that is designed to receive video programming services via multipoint distribution services including multichannel multipoint distribution services, instructional television fixed services and local multipoint distribution services and that is one meter or less in diameter or diagonal measurement;

K. An antenna that is designed to receive television broadcast signals;

L. Antennas for the receiving and sending of amateur radio devices (HAM radios); provided, that the antennas meet the height requirements of the applicable zoning district and are owned and operated by a federally licensed amateur radio station operator subject to the following standards:

1. The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means;

2. The color of the tower and any antennas located thereon must all be the same and such that it blends into the sky to the extent allowed under requirements set forth by the Federal Aviation Administration;

3. No advertising logo trademark figurine or other similar marking or lettering shall be placed on the tower or any wireless communication facilities mounted or otherwise attached thereto or any building used in conjunction therewith;

4. The tower shall be located a distance equal to or greater than its height from any existing residential structure located on adjacent parcels of property including any attached accessory structures;

5. A tower must be at least 100 percent of its height from any property line on the parcel of property on which it is located unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse it falls within itself and in that event it must be located at least one-third of its height from any property line;

6. No signs, symbols, flags, or banners shall be attached to, painted, or inscribed on the antenna; provided, that one sign measuring 18 inches by 12 inches may be placed upon or near the WCF which:

a. States that trespassers will be prosecuted (if applicable);

b. Lists the names and telephone numbers of persons to be contacted in the event of an emergency;

c. Identifies the permittee or person responsible for operating the WCF; and/or

d. Contains information necessary and convenient for the permittee or person operating the WCF to identify the WCF;

7. Nothing in this section shall be construed to prohibit the placement of safety or warning signs upon any portion of the WCF which are required by law or which are designed to apprise emergency response personnel and the employees and agents of WCF providers of particular hazards associated with equipment located upon the WCF;

8. Towers shall not be leased or rented to commercial users and shall not otherwise be used for commercial purposes; and

9. All towers must meet all applicable state and federal statutes rules and regulations including obtaining a building permit from the city;

M. Any wireless internet facility that is owned and operated by a government entity. (Ord. 1533 § 17, 2016; Ord. 952 § 4, 2002; Ord. 746 § 20, 1997).

18.50.004 Policy statement.

A. The city, with increasing frequency, has been confronted with requests to locate towers and antennas. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: (i) enhance the ability of personal wireless service providers to provide such services throughout the city quickly, effectively, and efficiently; (ii) encourage personal wireless service providers to locate towers and antennas in nonresidential areas; (iii) encourage personal wireless service providers to co-locate on new and existing tower sites; (iv) encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and (v) encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary to:

1. Manage the location of towers and antennas in the city;

2. Protect residential areas and land uses from potential adverse impacts of towers;

3. Minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging techniques;

4. Accommodate an increased need for towers to serve the wireless communications needs of city residents;

5. Promote and encourage co-location on existing and new towers as an option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future;

6. Consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and

7. Avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures.

B. New Uses. All new antennas shall comply with this chapter after the date of passage of the ordinance codified herein.

C. Existing Uses. All towers and antennas existing on the date of passage of the ordinance codified in this chapter shall be allowed to continue as they presently exist, but will be considered legal nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter.  (Ord. 952 § 4, 2002; Ord. 746 § 21, 1997).

18.50.005 Recognition of industry site selection criteria.

In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority:

A. Topography as it relates to line of sight transmissions for optimum efficiency in telephone service.

B. Availability of road access.

C. Availability of electric power.

D. Availability of land based telephone lines or microwave link capability.

E. Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations.

F. Screening potential of existing vegetation, structures and topographic features.

G. Zoning that will allow low power mobile radio service facilities.

H. Compatibility with adjacent land uses.

I. The least number of sites to cover the desired area.

J. The greatest amount of coverage, consistent with physical requirements.

K. Opportunities to mitigate possible visual impacts.

L. Availability of suitable existing structures for antenna mounting. (Ord. 952 § 4, 2002; Ord. 746 § 22, 1997).

18.50.006 Site selection criteria.

A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant’s local grid system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site’s function within the grid system.

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

C. Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

D. In all zones, location and design of facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be significantly screened by placing them in trees to the extent that it does not result in significant signal degradation. (Ord. 952 § 4, 2002; Ord. 746 § 23, 1997).

18.50.007 Priority of locations and application submittal requirements.

A. Priority of Locations. The priorities for locating new personal wireless service facilities shall be as follows:

1. Place antennas and towers on public property if practical.

2. Place antennas on appropriate rights-of-way and existing structures, such as buildings, towers, water towers, smokestacks and electrical transmission towers.

3. Place antennas and towers in C-2, E, MC and public facility zones.

4. Place antennas and towers on other nonresidential property.

B. Application Submittal Requirements. The information submitted by the applicant shall include:

1. A map of the area to be served by the tower or antenna;

2. A map showing the proposed facility location in relationship to other cell sites in the applicant’s network;

3. An evaluation of existing buildings and/or structures taller than 30 feet within one-quarter mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals;

4. Computerized accurate photo simulations of proposed location of the WCF as visually seen from appropriate public locations and nearby residents shall be provided when requested;

5. Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances;

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

7. A signed statement indicating that (a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant’s structure or within the same site location and (b) the applicant and/or landlord agree to remove the facility within 60 days after abandonment;

8. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event than an FCC environmental assessment is not required, a statement that described the specific factors that obviate the requirement for an environmental assessment;

9. A site plan clearly indicating the location, type and height of the proposed tower and antenna, 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 tower, and any other proposed structures;

10. A current map and aerial photograph showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;

11. Legal description of the parcel, if applicable;

12. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

13. A landscape plan showing specific landscape materials;

14. Method of fencing, and finished color, and, if applicable, the method of camouflage and illumination;

15. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations;

16. A statement by the applicant as to whether construction of the tower will accommodate co-locations of additional antennas for future users;

17. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;

18. The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;

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

20. 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 not be required if the antenna is to be mounted on an existing structure;

21. At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall network within the city; and

22. As a condition the service provider of the WCF will need to provide information regarding the dB reading associated with the structure as measured from the nearest property line. (Ord. 1533 § 18, 2016; Ord. 1416 § 9 (Appx. A), 2011; Ord. 1155 § 11, 2005; Ord. 952 § 4, 2002; Ord. 746 § 24, 1997).

18.50.008 Siting priority on public property.

A. Where public property is sought to be utilized by an applicant, priority for the use of city-owned land for wireless antennas and towers will be given to the following entities in descending order:

1. City of Bonney Lake.

2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Bonney Lake and private entities with a public safety agreement with the city of Bonney Lake.

3. Other governmental agencies, for uses which are not related to public safety.

4. Entities providing licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public.

B. Minimum Requirements. The placement of wireless service facilities on city-owned property must comply with the following requirements:

1. The facilities will not interfere with the purpose for which the city-owned property is intended;

2. The facilities will have no significant adverse impact on surrounding private property;

3. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement, which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors;

4. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of removing the facilities after abandonment;

5. The antennas or tower will not interfere with other users who have a higher priority as discussed in this section;

6. The lease shall provide that the applicant must agree that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant’s expense;

7. The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant’s facilities;

8. The applicant must obtain all necessary land use approvals; and

9. The applicant must cooperate with the city’s objective to encourage co-locations and thus limit the number of cell sites requested, or camouflage the site and/or facility.

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

1. The park commission shall review and make a recommendation regarding proposed wireless communication facilities to be located in a park and this recommendation must be forwarded to the city council for consideration;

2. In no case shall wireless communication facilities be allowed in designated critical areas (except aquifer recharge areas);

3. Before wireless communication facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use;

4. Wireless communication facilities may be located in public parks that are adjacent to an existing commercial or industrial zone;

5. Wireless communication facilities may be located in park maintenance facilities; and

6. Wireless communication facilities shall not be permitted on property designated as landmark or as part of a historic district. (Ord. 1533 § 19, 2016; Ord. 952 § 4, 2002; Ord. 746 § 25, 1997).

18.50.009 Co-location.

To minimize adverse visual impacts associated with the proliferation of towers, co-location of wireless communication facilities on existing or new towers is encouraged as follows:

A. The city may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or tower;

B. To reduce the number of antenna support structures needed in the city in the future, new proposed support structures shall be designed to accommodate antennas for one or more users, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons; and

C. When co-location is feasible:

1. An applicant’s site plan shall reserve an area for other providers’ equipment near the base of the applicant’s tower. A first right-of-refusal (which is either executed or maintained while the provider’s personal wireless facilities and services are in use) to lease the area at the base of the tower or mount for other providers will meet the reservation requirement.

2. The site plan for towers in excess of 100 feet above ground level must propose space for a minimum of two comparable providers, while the site plan for towers 100 feet or less must propose space for one or more comparable providers. (Ord. 1533 § 20, 2016; Ord. 988 § 2, 2003; Ord. 952 § 4, 2002; Ord. 746 § 26, 1997).

18.50.010 Wireless communications facilities in RC-5, R-1, R-2, R-3 and C-1 zones.

Repealed by Ord. 1533. (Ord. 1131 § 2, 2005; Ord. 952 § 4, 2002; Ord. 746 §§ 15, 17, 1997).

18.50.011 Wireless communications facilities in C-2, C-3, combined C-2/C-3, M-1, public facilities, DC and DM zones.

Repealed by Ord. 1533. (Ord. 1155 § 12, 2005; Ord. 952 § 4, 2002; Ord. 746 § 16, 1997).

18.50.012 Design criteria.

A. As provided in BLMC 18.50.009, new facilities shall be designed to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.

B. Monopole I, monopole II, and lattice towers shall comply with the following additional design standards:

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

2. A tower’s setback shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back a distance equal to four times the height of the wireless communication support structure from all public schools. In residential zoning districts, where permitted, towers shall be set back from all property lines a distance equal to 100 percent of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city. Such considerations shall include by way of illustration and not limitation, but are not limited to:

a. Impact on adjacent properties;

b. Alternative sites for personal wireless facilities; and

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

3. The setback requirement may be waived if the antenna and antenna support structure are located in the city right-of-way;

4. Due consideration shall be given so that placement of towers, antenna, and wireless service facilities do not obstruct or significantly diminish public views of Mt. Rainier, the Olympic Mountains, from public view corridors established in Section 7-5 of the Comprehensive Plan and illustrated in Figure 2-17, or the city center view corridor (see figure titled “City Center and View Corridor” in Appendix, Page 29 of Ordinance 746);

5. Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA;

6. No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Lighting utilized for emergency needs shall be limited for on-site projection. No off-site direct lighting shall be allowed;

7. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:

a. The maximum floor area is 300 square feet and the maximum height is 12 feet. Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than 250 feet from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures;

b. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances;

c. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for a roof-mounted antenna may also be located within the building on which the antenna is mounted;

d. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures;

e. Equipment buildings, antennas, and related equipment shall occupy no more than 25 percent of the total roof area of the building the facility is mounted on, which may vary in the city’s sole discretion if co-location and an adequate screening structure is used. The use must be approved on a site plan or final development plan, as applicable; and

f. In instances where equipment structures are located in residential zones or adjacent to existing residential land uses, and if the equipment structure houses motorized or electronic equipment, airborne sound transmission control in the form of acoustical insulation may be required to abate sound transmission for all exterior walls and roof-ceiling assemblies;

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

9. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within 30 days, the city may remove the tower at the owner’s expense;

10. Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested;

11. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide landscaping strip. All landscaping shall meet the standards of Chapter 16.68 BLMC, Landscaping;

12. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers;

13. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment;

14. Cell towers shall not be located closer than one-half mile from another tower whether it is owned or utilized by the applicant or another provider. Multi-use communication towers such as the tower at the public safety building are to be considered as towers. Camouflaged towers such as flagpoles over 30 feet in height shall also be considered towers. The city council may designate areas where multiple towers can be located in closer proximity;

15. Towers and antennas shall meet the following requirements:

a. Applicants must provide camouflaging as defined by the term “camouflaged” or provide documentation as to why camouflage is not feasible;

b. The tower shall either maintain a galvanized steel finish or meet the applicable standards of the FAA. If the tower is not to be camouflaged by an alternative tower structure, the tower is to be painted a neutral color so as to reduce visual obtrusiveness;

c. Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings; and

d. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible;

16. Monopole II and lattice tower facilities are only permitted if the wireless communications support structure is designed to accommodate two or more wireless communications facilities;

17. Macro facilities are the largest permitted wireless communication facilities allowed on a monopole II or lattice tower. Antennas which extend above the lattice tower wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure;

18. A distance equal or greater than 1,320 feet shall separate all towers from each other;

19. Antennas equal to or less than 16 feet in height or up to four inches in diameter may be a component of a monopole I facility. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole I wireless communications support structure; and

20. All towers and wireless communication facilities shall be subject to design review per Chapter 14.95 BLMC.

C. Microcell, Mini Facilities, and Macro Facilities.

1. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact;

2. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. An antenna may be located on buildings and structures; provided, that the interior wall or ceiling immediately adjacent to the facility is not designated residential space. Panel antennas may exceed the height limitation if affixed to the side of an existing building and if they blend in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. In no event shall an antenna project more than 16 feet above the roof line including parapets;

3. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted;

4. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure;

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

6. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility;

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

8. The antenna and associated support structure are not located within any required landscaped setbacks, front or side yard setback, or in the area located between the front setback line and the front of the building;

9. No wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate co-location with competitors. If a dispute arises about the feasibility of co-locating, the city administrator may require a third party technical study, at the expense of either or both parties, to resolve the dispute;

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

11. No antenna shall cause localized interference with the reception of any other communications signals including, but not limited to, public safety, television, and radio broadcast signals; and

12. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter;

13. Structures which are nonconforming with respect to height may be used for the placement of omni-directional antennas; provided the antenna does not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure;

14. Antenna, antenna arrays, and support structures not on publicly owned property shall not extend more than 16 feet above the highest point of the structure on which they are mounted. The antenna, antenna array, and their support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of 100 miles per hour without the use of supporting guy wires. The antenna, antenna array, and their support structure shall be a color that blends with the structure on which they are mounted;

15. Unless there are unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt;

16. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached;

17. The antenna and associated support structure shall be set back two feet from any exterior building wall for every one foot of height measured from the surface of the roof, except when incorporated as an architectural feature of the building or screened from view from any public right-of-way or residential zone;

18. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. (Ord. 1533 § 21, 2016; Ord. 1034 § 1, 2004; Ord. 952 § 4, 2002; Ord. 746 § 27, 1997).

18.50.013 Other permits required.

The following table specifies additional permits required for the various types of personal wireless service facilities that meet the standards of this chapter:

ADDITIONAL PERMIT REQUIREMENTS 

Type of Facility

Building

Right-of-Way Use

Monopole I, monopole II, and lattice towers

X

X

(if applicable)

Structure mounted wireless facilities

X

X

(if applicable)

Building mounted wireless facilities

X

X

(if applicable)

(Ord. 1533 § 22, 2016; Ord. 1230 § 15, 2007; Ord. 988 § 2, 2003; Ord. 952 § 4, 2002; Ord. 746 § 28, 1997).

18.50.014 Inspection requirements.

Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and within 60 days of the inspection file a report with the city administrator.  Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator’s maintenance reports for the prior 12 months in the event no FCC report is required for such year, shall satisfy the requirements of this section. (Ord. 952 § 4, 2002; Ord. 746 § 29, 1997).

18.50.015 Landscaping/screening.

A. Landscaping. Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.  If the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure, landscaping shall not be required.

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

1. A row of evergreen trees a minimum of six feet tall at planting and a maximum of six feet apart shall be planted around the perimeter of the fence;

2. A continuous hedge at least 36 inches high at planting capable of growing to at least 48 inches in height within 18 months shall be planted in front of the tree line referenced above;

3. In the event that landscaping is not maintained at the required level, the city after giving 30 days’ advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. (Ord. 952 § 4, 2002; Ord. 746 § 30, 1997).

18.50.016 Non-use/abandonment.

A. Abandonment. No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city of Bonney Lake by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city’s discovery of discontinuation of operation.  Upon such abandonment, the provider shall have 90 days or additional period of time determined in the reasonable discretion of the city within which to:

1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility.

2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider’s towers in the city or surrounding area, then all of the towers within the city shall similarly be reduced in height.

3. Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed within the 60-day time period or additional period of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the provider’s expense. If there are two or more providers co-locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not become effective until all providers cease using the facility.

4. At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 952 § 4, 2002; Ord. 746 § 31, 1997).

18.50.017 Third party review.

Personal wireless service providers use various methodologies and analyses, including geographically-based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of a permitting process. The costs of the technical review shall be borne by the provider.

The selection of the third party expert may be by mutual agreement between the provider and the city, or at the discretion of the city with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the city may require changes to the provider’s application.  The expert review shall address the following:

A. The accuracy and completeness of submissions;

B. The applicability of analysis techniques and methodologies;

C. The validity of conclusions reached; and

D. Any specific technical issues designated by the city. (Ord. 952 § 4, 2002; Ord. 746 § 32, 1997).

18.50.018 Eligible facilities modification.

A. The city shall review an eligible facilities modification application and will issue an eligible facilities modification permit, upon determination by the city that the proposed modification does not constitute a substantial change as defined in subsection G of this section.

B. An eligible facilities application shall be denied upon determination by the city that the proposed facilities modification will constitute a substantial change as defined in subsection G of this section.

C. An eligible facilities modification permit that has been deemed granted, pursuant to BLMC 14.40.080(B), shall be subject to generally applicable enforcement and compliance requirements in the same manner as an eligible facilities modification permit issued pursuant to this chapter.

D. Any eligible facilities modification permit shall comply with generally applicable building, structural, electrical, and safety codes and other laws codifying objective standards reasonably related to health and safety. Violation of any such applicable code or standard shall be a violation of the eligible facilities modification permit.

E. An eligible facilities modification permit issued shall be valid for a term of 180 days from the date of issuance or the approval date.

F. Notwithstanding any other provisions in the city code, no administrative appeal process is provided for review of a decision to condition, deny or approve an application. The applicant and the city retain any and all remedies that are available at law or in equity, including by way of example and not limitation, those remedies set forth in the FCC Eligible Facilities Request Rules and remedies available under the Land Use Petition Act. In the event no other time period is provided in law for bringing an action for a remedy, any action challenging a denial of an application or notice of a deemed approved remedy shall be brought within 30 days following the date of denial or following the date of notification of the deemed approved remedy.

G. Substantial Change Criteria.

1. A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria:

a. Increasing the height of the tower by more than 10 percent;

b. Increasing tower height with the addition of one additional antenna array greater than 20 feet;

c. Increasing the height of other eligible support structures by more than 10 percent or more than 10 feet, whichever is greater;

d. Adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

e. Adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; or

f. Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure:

i. It entails any excavation or deployment outside the current site;

ii. It would defeat the concealment elements of the eligible support structure; or

iii. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in this chapter.

2. Changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. (Ord. 1533 § 1, 2016).

18.50.019 Severability.

If any section, sentence, clause or phrase of this chapter shall 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. 952 § 4, 2002; Ord. 746 § 34, 1997).