Chapter 17.40
PERSONAL WIRELESS COMMUNICATIONS FACILITIES
Sections:
17.40.040 Permitted locations.
17.40.050 Conditional use permit required.
17.40.080 Written findings and conditions.
17.40.090 Conditions of approval.
17.40.110 Permission to commence use.
17.40.120 Wireless telecommunications facilities development standards.
17.40.130 Nonconforming facilities.
17.40.150 Abandonment or discontinuation of use.
17.40.170 Safety and monitoring standards.
17.40.180 Supervision and repair.
17.40.200 Notification of change of ownership or operator.
17.40.010 Definitions.
See BMC 17.04.040. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.020 Purpose.
The purpose of this chapter is to provide for appropriate locations, site development standards, and permit requirements for wireless communications facilities. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones unless otherwise regulated by this title:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC);
B. Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys;
C. Hand-held, mobile, marine and portable radio transmitters and/or receivers;
D. Two-way radio utilized for temporary or emergency services communications;
E. Licensed amateur (ham) radio stations and citizen band stations;
F. Receive-only television and satellite dish antennas as an accessory use;
G. Ancillary antennas allowed by franchise agreement with the city;
H. Industrial control systems for natural gas, electrical power, water, wastewater collection and treatment, electrical power transmissions utilities that monitors and controls infrastructure for distribution, performs metering, and controls consumption;
I. Any public or private industrial control systems monitoring and controlling energy and water consumption;
J. Any maintenance, reconstruction, repair or replacement of a conforming personal wireless communications facility (PWCF); provided, that the PWCF does not result in noncompliance with this chapter;
K. In the event a building permit and/or a right-of-way permit is required for any emergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required within thirty days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.040 Permitted locations.
Personal wireless communication facilities may be located within an existing regional utility corridor or within or on public right-of-way and public property in accordance with the regulations set forth in this chapter. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.050 Conditional use permit required.
A conditional use permit is required to install a PWCF using the procedures set forth in BMC 17.36.050. In addition to the information requested for the conditional use permit application, the following items shall be required for a PWCF application:
A. An accurate map, compatible with the city’s version of GIS mapping software, indicating the proposed site and detailing existing personal wireless communications facility locations owned and operated by the applicant within the city on the date of application submittal. The map shall also include all existing utilities within one-quarter mile of the facility including utilities in the right-of-way, and proposed dry utilities connections.
B. An engineering certification demonstrating planned compliance with all existing federal radio frequency emissions standards.
C. An engineering analysis providing technical data sufficient to justify the proposed height of the wireless communication facility, including but not limited to structural calculations and a geotechnical report.
D. A stamped engineering plan shall be provided that identifies utility conflicts for the facility and connections.
E. An alternative site analysis may be required by the director. The analysis shall assess the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the planning director. The alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites. The alternative site analysis shall include a map that shows other potential stand-alone locations for the proposed personal wireless communications facility that have been explored, and shall describe why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include, but are not limited to, cost, visual benefits and detriments of alternative sites, setbacks, and proximity to residences.
F. An alternative configuration analysis, assessing the feasibility of alternative personal wireless communications facility construction configurations – both at the proposed site and in the surrounding vicinity – which would result in a more visually compatible antenna(s), as deemed necessary by the planning director. This analysis shall include an explanation of why other personal wireless communications facility construction configurations were not selected.
G. A projection of the applicant’s anticipated future personal wireless communications facility siting needs within the city, which information may be used by the city as part of a master planning effort designed to ensure a more planned, integrated and organized approach to personal wireless communications facility siting.
H. An identification of the geographic service area for the subject installation, including a map showing all of the applicant’s existing sites in the local service network associated with the coverage gap the personal wireless communications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.
I. An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the wireless communication facility. The analysis shall include photo simulations and other information as necessary to determine visual impact of the personal wireless communications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the personal wireless communications facility with the surrounding area.
J. The height and diameter of the facility, together with evidence that demonstrates that the proposed personal wireless communications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, as measured from grade, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided.
K. Proof that, prior to submittal, the applicant has met the requirements of Snohomish County PUD for electric service to the personal wireless communications facility.
L. A description of the maintenance and monitoring program for the personal wireless communications facility and associated landscaping.
M. Noise and acoustical information derived from the manufacturer’s specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.
N. If required by the planning director, a concept landscape plan will be required showing all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.
O. A legal binding agreement signed by the applicant to allow other carriers to co-locate on the proposed personal wireless communications facility wherever technically and economically feasible and aesthetically desirable.
P. A written description of any good faith efforts to co-locate the proposed personal wireless communications facility on another site or building, including a GIS compatible map of the sites and engineering information or letters from the owners of the site describing why co-location is not a possibility.
Q. A written description of all accessory wireless equipment for the personal wireless communications facility. Describe the function of this accessory equipment and the need to locate same on or near the personal wireless communications facility.
R. All other information as required by the city’s personal wireless communications facility permit supplemental application form.
S. The planning director may develop and from time to time modify an application form embodying the minimum requirements specified above, and adding thereto.
T. A dry utility plan shall be provided including all existing utilities (dry and wet) within the right-of-way and profiles for connection to the wireless communication facility. Any work in the right-of-way shall require a restoration plan that meets city standards for trenching and backfill and separation from existing utilities. All utility vaults in the right-of-way shall be subject to approval by the city. All utility vaults in the right-of-way shall have non-skid lids if in the sidewalk. Utility vaults located within the street shall meet loading standards set forth by the city and shall have locking lids. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.060 Modifications.
If a permittee proposes any modifications to any conditional use permit after said permit is granted, the permittee shall submit an application to the planning department for consideration; provided, however, that the city need not accept and/or process said application unless and until the permittee (A) demonstrates the existing personal wireless telecommunications facility’s compliance with all applicable local requirements; and (B) certifies that the existing personal wireless telecommunications facility complies with all applicable state and federal requirements. If a modification does not enlarge the facility more than ten percent over the life of the project, the director may administratively review and approve or deny the modification. A modification that enlarges the facility more than ten percent requires the issuance of a new wireless conditional use permit. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.070 Expert review.
A. In the event that the city in its discretion determines the need to hire an independent, qualified consultant to evaluate technical and other aspects of the application, the applicant shall provide the city with written authorization for the city to do so. Such authorization shall include a written agreement by the applicant to advance or promptly reimburse the city for all reasonable costs associated with such consultation. In the alternative, the city may require the applicant to submit a cash deposit for the estimated cost of such consultation, and to replenish said deposit if consumed by reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of technical aspects of the proposed personal wireless communications facility and shall address all of the following:
B. Compliance with applicable radio frequency emission standards;
C. Height analysis;
D. Configuration;
E. The appropriateness of granting any requested exceptions;
F. The accuracy and completeness of submissions;
G. The applicability of analysis techniques and methodologies;
H. The validity of conclusions reached; and
I. Any specific technical issues designated by the city. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.080 Written findings and conditions.
Prior to issuance of a permit, the planning director shall make all of the following findings:
A. All notification requirements have been met;
B. The proposed use complies with all applicable provisions of this Brier Municipal Code.
C. The proposed personal wireless communications facility will not interfere with the use of the public right-of-way, or public property and existing improvements and utilities thereon;
D. The proposed personal wireless communications facility will not physically or visually interfere with vehicular, bicycle, equestrian, and/or pedestrian use of streets, intersections, bicycle lanes, trails, driveways, sidewalks, and/or walkways;
E. The proposed personal wireless communications facility and its location will comply with the Americans with Disabilities Act;
F. To the maximum extent reasonably feasible, the proposed personal wireless communications facility has been designed to blend with the surrounding area and the facility is appropriately designed for the specific site;
G. If the proposed personal wireless communications facility will be a high visibility personal wireless communications facility, that a low visibility design for the proposed personal wireless communications facility is not reasonably feasible. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.090 Conditions of approval.
The director shall impose such further conditions of approval of the conditional use permit as are necessary to minimize environmental, aesthetic, and public safety impacts, which conditions include, but are not limited to, requirements that:
A. The permittee shall submit as-built drawings confirming that the personal wireless communications facility has been constructed in substantial compliance with the visual impact analysis required by BMC 17.40.050(I);
B. The permittee shall not use, generate, store or dispose of any hazardous materials on, under, about or within the public right-of-way in violation of any law or regulation. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.100 Reconsideration.
The planning director may require a reconsideration of the permit, by the original approval authority, at the end of a specified time period from the date of the original approval, which reconsideration shall take account of at least the following factors: conformance with all conditions of approval, operation of the facility in its intended manner, and conformance with all applicable laws, regulations, standards and updates thereof, including radio frequency emissions, toxic or hazardous materials. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.110 Permission to commence use.
At the end of construction, use of the personal wireless communications facility shall not commence unless and until the planning director has signed off on the as-built work as being compliant with all laws, ordinances, regulations, requirements and conditions of the conditional use permit. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.120 Wireless telecommunications facilities development standards.
A. Permittee shall install and maintain permitted wireless telecommunications facilities in compliance with the requirements of the Uniform Building Code, National Electrical Code, city noise standards and other applicable codes, as well as other restrictions specified in this code.
B. Visual Impact Minimization and Screening Standards. All wireless telecommunications facilities shall employ and maintain camouflage design techniques to minimize visual impacts and provide appropriate screening. Such techniques shall be employed to make the installation, operation and appearance of the facility as visually inconspicuous as possible, to prevent the facility from visually dominating the surrounding area, and to hide the installation from predominant views from surrounding properties. Depending on the proposed site and surroundings, certain camouflage design techniques may be deemed by the city as ineffective or inappropriate and alternative techniques may be required. The following is a menu of potential camouflage design techniques that should be considered based on different installation situations:
1. For structure-mounted installations excluding monopole installations:
a. All antenna panels and accessory wireless equipment components mounted on the exterior of the structure shall be painted or otherwise coated to match the predominant color of the mounting structure.
b. When required by the planning director, antenna panels shall be located and arranged on the structure so as to replicate the installation and appearance of the equipment already mounted to the structure.
c. Personal wireless communications facility installations located above the surface grade in the public right-of-way including, but not limited to, those on certain streetlights, traffic signal standards, or utility poles, shall consist of small equipment components that are compatible in scale and proportion to the streetlights and traffic signals they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with lighting and signal equipment and shall be subject to the issuance of a license or other special form or written authorization by the city. Underground vaults shall employ flush-to-grade access portals and vents. Installations on streetlights and other city-owned public facilities shall be subject to applicable administrative and rental fees as adopted by resolution of the city council.
2. For monopole installations:
a. Monopole installations shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.
b. All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or adjacent architecture so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used.
c. The planning director may require additional measures designed to camouflage a personal wireless communications facility, including, but not limited to, enclosing the monopole entirely within a vertical screening structure (suitable architectural feature such as a clock tower, bell tower, icon sign, lighthouse, windmill, etc.) may be required through the permit process. All facility components, including antennas, shall be mounted inside said structure.
d. The camouflage design techniques employed shall result in an installation that either will blend in with the predominant visual backdrop or will disguise the facility so it appears to be a decorative or attractive architectural feature. If camouflage design techniques for monopoles do not substantially hide or prevent direct viewing of the facility, then the permit may be denied.
3. For miscellaneous installations:
a. A monorock and/or monoshrub installation will be considered properly screened; provided, that it is located in a setting that is compatible with the proposed screening method. For a monoshrub, other vegetation comparable to that replicated in the proposed screen shall be prevalent in the immediate vicinity of the personal wireless communications facility site and the addition of new comparable living vegetation may be necessary to enhance the monoshrub screen. For a monorock, the proposed screen shall match in scale and color other rock outcroppings in the general vicinity of the proposed site. A monorock screen may not be considered appropriate in areas that do not have natural rock outcroppings.
b. Antennas co-located on an approved or existing personal wireless communications facility shall use screening methods and be mounted in the same manner with the same camouflage design techniques as the approved or existing personal wireless communications facility.
c. Temporary antenna installations may in the discretion of the planning director require screening to reduce visual impacts depending on the duration of the permit and the setting of the proposed site.
4. For accessory wireless equipment. No accessory wireless equipment associated with the operation of any wireless telecommunications facilities shall impair pedestrian use of sidewalks or other pedestrian pathways, nor inhibit equestrian activities on designated public or private trail systems. Accessory wireless equipment shall be screened from the sidewalk by landscaping, undergrounding or other means. The following is a menu of potential screening techniques that should be utilized based on the type of installation:
a. Accessory wireless equipment for freestanding wireless telecommunications facilities, not mounted on a building, shall be placed in an underground vault if reasonably feasible. Where placing such personal wireless communications facilities accessory equipment in an underground vault is not reasonably feasible, such personal wireless communications facilities accessory equipment shall be visually screened through the use of walls, landscaping, or walls combined with landscaping. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings.
b. All accessory wireless equipment shall be placed and mounted in the least visually obtrusive feasible location.
c. All accessory wireless equipment shall be painted or textured using colors to match or blend with the primary background. All equipment cabinets visible to the public shall be treated with a graffiti-resistant coating.
C. Setbacks. Personal wireless communications facility right-of-way setbacks of all wireless telecommunications facilities shall be equal to the same number of feet as those set forth in the development standards and setback requirements of the underlying zoning district, except as otherwise permitted herein. For the purposes of this chapter, the term “except as otherwise permitted herein” means: temporary emergency facilities, existing facilities, facilities located in the right-of-way and, facilities where compliance with said setback requirements are not reasonably feasible as determined by an analysis of alternative sites and the need to close a significant gap in coverage.
D. Co-Location. All antenna supports over forty feet in height shall allow for co-location by other future or concurrent applicants for the installation of wireless telecommunications facilities. The applicant shall demonstrate that the design of the antenna support and the placement of ground-mounted wireless telecommunications facilities will accommodate one or more other wireless telecommunications facilities. The owner of the antenna support shall certify that the antenna support is available for use by another future or concurrent applicant for the installation of wireless telecommunications facilities on a commercially reasonable and nondiscriminatory basis.
E. Lighting. Any exterior lighting for wireless telecommunications facilities shall be fully shielded and in compliance with Brier Municipal Code.
F. Identification. Each personal wireless communications facility shall be identified by a permanently installed plaque or marker, no larger than four inches by six inches, clearly identifying the addresses, email contact information, and twenty-four-hour local or toll-free contact telephone numbers for a live contact person for both the permittee and the agent responsible for the maintenance of the personal wireless communications facility. Emergency contact information shall be included for immediate response. Such information shall be updated in the event of a change in the permittee, the agent responsible for maintenance of the personal wireless communications facility, or both.
G. Height. The height of freestanding wireless telecommunications facilities or wireless telecommunications facilities attached to buildings or utility poles shall not exceed sixty feet. The height of wireless telecommunications facilities attached to transmission towers shall not extend more than twenty feet beyond the height of the tower.
H. Maintenance.
1. All graffiti on any components of the personal wireless communications facility shall be removed promptly in accordance with city regulations. Graffiti on any facility in the public right-of-way must be removed within forty-eight hours of notification.
2. All landscaping attendant to the personal wireless communications facility shall be maintained at all times and shall be promptly replaced if not successful.
3. If a flagpole is used for camouflaging a personal wireless communications facility, flags shall be flown and shall be properly maintained at all times. The use of the United States flag is subject to the provisions of the United States Flag Code, 4 U.S.C. 6 et seq.
4. All personal wireless communications facility sites shall be kept clean and free of litter.
5. All equipment cabinets shall display a legible sign clearly identifying the addresses, email contact information, and twenty-four-hour local or toll-free contact telephone numbers for both the permittee and the agent responsible for the maintenance of the personal wireless communications facility. Such information shall be updated in the event of a change in the permittee, the agent responsible for maintenance of the personal wireless communications facility, or both.
I. Permittee and the personal wireless communications facility shall adhere to and comply with all applicable requirements of federal, state and local laws, ordinances, rules, and regulations. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.130 Nonconforming facilities.
Any personal wireless communications facility that is lawfully constructed, erected, or approved prior to adoption of the ordinance codified in this chapter, in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, and regulations in effect at the time the application was deemed complete, and any applicable federal and state laws as they may be amended or enacted, and shall at all times comply with any conditions of approval. Any legal nonconforming personal wireless communications facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval; increases or expands the use of the personal wireless communications facility; or ceases use of the personal wireless communications facility for more than ninety days shall become an illegal nonconforming personal wireless communications facility and shall be subject to revocation of its personal wireless communications facility permit as set forth in this chapter. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.140 Violations.
Violations of any conditions in this chapter shall be subject to enforcement. Failure to comply with any condition of approval or standards in this chapter shall constitute grounds for revocation of the permit, subject first to written notice and an opportunity to abate. The planning director reserves the right to terminate a personal wireless communications facility permit at any time upon ninety days’ written notice of said termination in the event he or she determines the personal wireless communications facility creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety, and after written notice and opportunity to abate. In the event of termination pursuant to this chapter and, if requested in writing by the planning director, permittee shall remove its personal wireless communications facility at its own expense and shall repair and restore all property affected by the placement, maintenance, and removal of the personal wireless communications facility to a condition satisfactory to the planning director. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.150 Abandonment or discontinuation of use.
A. All permittees or operators who intend to abandon, discontinue, and/or terminate the use of any personal wireless communications facility and/or cancel the lease shall notify the city of such intentions no less than sixty days prior to the final day of use by submitting an abandonment plan. Said notification shall be in writing, shall specify the date of termination, shall indicate which infrastructure will be removed, and shall include reference to the applicable wireless telecommunications facilities permit number.
B. All wireless telecommunications facilities where operations have been abandoned, discontinued, terminated, and/or a lease has been cancelled, shall be physically removed no more than ninety days following the final day of use or of determination that the facility has been abandoned, discontinued and/or terminated, or lease has been cancelled, whichever occurs first. By that same time, at permittee’s sole expense and responsibility, all component elements of such site shall be removed in accordance with applicable health and safety requirements. The site upon which the personal wireless communications facility is located shall be restored to the condition that existed prior to the installation of the personal wireless communications facility, or as required by the planning director. The city may require that underground infrastructure remain in place for reuse by other facilities.
C. At any time after ninety days following the abandonment, discontinuation, and/or termination of the use and/or operation, or cancellation of a lease of a personal wireless communications facility, the planning director may remove the personal wireless communications facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as he/she deems appropriate. The city may, but shall not be required to, store the removed personal wireless communications facility (or any part thereof). The permittee of the personal wireless communications facility, and all prior owners and operators of the personal wireless communications facility, shall be jointly and severally liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the city promptly after demand therefor is made. The city may, in lieu of storing the removed personal wireless communications facility, convert it to the city’s use, sell it, or dispose of it in any manner deemed appropriate by the city. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.160 Relocation.
Permittee shall modify, remove, or relocate its personal wireless communications facility, or portion thereof, without cost or expense to city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or above ground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a personal wireless communications facility shall be completed within ninety days of notification by the city unless exigencies dictate a shorter period for removal or relocation. In the event a personal wireless communications facility is not modified, removed, or relocated within said period of time, the city may cause the same to be done at the sole expense of permittee. Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.170 Safety and monitoring standards.
A. At all times, permittee shall ensure that its wireless telecommunications facilities shall comply with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration. The permittee shall obtain and maintain the most current information from the FCC regarding allowable radio frequency emissions and all other applicable regulations and standards and, at the following indicated times, shall file a report with the planning director indicating whether permittee is in compliance with such standards, advising the planning director of any regulatory changes that require modifications to the wireless telecommunications facilities, and advising the planning director of the measures taken by the permittee to comply with such regulatory changes as follows: (1) prior to the commencement of the installation of the personal wireless communications facility, (2) every year, on the anniversary of the submittal of the initial compliance report, and (3) upon any proposed increase of at least ten percent in the effective radiated power or any proposed change in frequency use. Both the initial and update certifications shall be subject to review and approval by the city. At the planning director’s sole discretion, a qualified independent RF engineer, selected by and under contract to the city, may be retained to review said certifications for compliance with FCC regulations. All costs associated with the city’s review of these certifications shall be the responsibility of the permittee, which shall promptly reimburse city for the cost of the review.
B. Public access to a personal wireless communications facility shall be restricted. Security measures shall include fencing, screening, and security signage, as deemed appropriate by the planning director.
C. Safety lighting or colors, if prescribed by the planning director or other approving agency including, but not limited to, the Federal Aviation Administration, may be required for antenna support structures. Safety lights shall be of a type that minimizes downward illumination.
D. Wireless telecommunication facilities shall comply with all federal and state standards, including but not limited to radio frequency emissions, height limits, and aircraft warning lighting. Failure to comply with federal or state standards may result in immediate revocation or modification of the conditional use permit.
E. The applicant shall comply with federal standards for radio frequency emissions. Within six months after the issuance of its operational permit, the applicant shall submit a report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and demonstrates compliance with established federal standards. The report shall be subject, at the city’s discretion, to review and approval of the city’s consultant for consistency with federal standards. If on review, the city finds that the wireless communication facility does not meet federal standards, the city may revoke or modify the conditional use permit.
F. The applicant shall ensure that the wireless communication facility will not cause localized interference with the reception of area television or radio broadcasts. If on review the city finds that the wireless communication facility interferes with such reception, and if such interference is not cured within sixty days, the city may revoke or modify this conditional use permit.
G. No equipment shall be operated so as to produce noise levels above forty-five dB as measured from the nearest property line abutting the wireless communication facility. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.180 Supervision and repair.
A. All work and entry upon, over, under, or along the public right-of-way or other public property performed in connection with the installation, maintenance, and/or removal of a personal wireless communications facility shall be conducted under the supervision of the planning director, shall be performed in a good and skillful manner, and shall comply with all applicable city rules, regulations and standards.
B. Permittee agrees to repair, at its sole cost and expense, any damage (including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to city streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a personal wireless communications facility for which permittee obtained and/or holds a personal wireless communications facility permit. In the event permittee fails to complete said repair within the number of days stated on a written notice by the planning director, the planning director shall cause said repair to be completed and shall invoice the permittee for all costs incurred by the city as a result of such repair. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.190 Termination.
A. The city reserves the right to terminate a personal wireless communications facility permit at any time upon ninety days, written notice of said termination in the event it determines the personal wireless communications facility creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety, and after written notice and opportunity to cure.
B. In the event of termination pursuant to this chapter and if requested in writing by the planning director, permittee shall remove its personal wireless communications facility at its own expense and shall repair and restore all city right-of-way property affected by the placement, maintenance, and removal of the personal wireless communications facility to a condition that existed prior to the installation of the personal wireless communications facility or as required by the planning director.
C. No personal wireless communications facility conditional use permit application which has been denied in whole or in part shall be filed again within six months from the date of such denial except upon proof of changed conditions or by permission of the planning director. (Ord. 392 § 1(Exh. A)(part), 2012)
17.40.200 Notification of change of ownership or operator.
Permittee shall not assign or transfer any interest in its personal wireless communications facility permit without the prior written consent of the city. (Ord. 392 § 1(Exh. A)(part), 2012)