Chapter 11.91
WIRELESS COMMUNICATION FACILITIES (WCF)
Sections:
11.91.030 Types of wireless communication facilities.
11.91.080 Application review and approval.
11.91.010 Purpose.
The purpose of this chapter is to establish guidelines for the location of wireless communication, radio and television facilities. The goals of this chapter are to:
(1) Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the county;
(2) Strongly encourage the joint use of new and existing tower sites;
(3) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact to the community is minimal;
(4) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;
(5) Enhance the ability of the providers of communications services to provide such service to the community quickly, effectively and efficiently; and
(6) Limiting exposures to radio frequency signals consistent with FCC statutes. (Res. 2021-140 (Att. A), 12/7/21; Res. 2003-09 (part), 1/21/03).
11.91.020 Applicability.
The provisions of this chapter apply to all lands and zoning districts lying outside of the urban growth areas for the cities of Cashmere, Chelan, Entiat, Leavenworth and Wenatchee.
For the area within Leavenworth’s urban growth area, the standards set forth in Ordinance 1205, “Wireless Telecommunications Facilities,” adopted by the Leavenworth city council on April 22, 2003, and adopted by Chelan County shall apply, with the exception of any sections of the ordinance requiring permits from the city of Leavenworth. Chelan County is the regulatory authority for development within the urban growth area. (Res. 2021-140 (Att. A), 12/7/21; Res. 2004-12 (part), 1/27/04: Res. 2003-09 (part), 1/21/03).
11.91.030 Types of wireless communication facilities.
Wireless communication facilities (WCFs) are classified in three types, primarily based on the size and visual impact each may have to its surrounding property.
(1) Type 1 facilities have limited visual impact due to the size of new structures, co-location efforts, and existing structure modifications.
Type 1 WCFs include the following:
(A) WCFs that are self-supporting, have a four-foot or less radius from the center axis of the base of the WCF, have a height less than sixty feet, and have antennas, rotors, and other attachments with a diameter of nine feet or less. Type 1 WCFs may be located on a concrete or similar platform whose dimensions do not exceed eight feet in width and length, and two feet above the ground in height.
(B) WCFs that are proposed to be co-located on existing towers, buildings, structures and facilities that do not increase the height of such tower, building, structure, or facility by more than ten percent or twenty feet, whichever is greater; and have antennas, rotors, standoffs and other attachments with a diameter of less than nine feet.
(C) Modifications to or replacement of existing WCFs, towers, or base stations that do not substantially change the physical dimensions of such WCF, tower, or base station in accordance with Section 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. § 1455(a)).
(2) Type 2 facilities have a more significant visual impact than those in Type 1 due to their larger size.
Type 2 WCFs include those WCFs that are not self-supporting, or have a radius greater than four feet from the center axis of the base of the WCF, or have antennas, rotors, standoffs and other attachments with a diameter of greater than nine feet, or the height of the WCF is greater than sixty feet but less than one hundred fifty feet. Type 2 WCFs may be located on a concrete or similar platform so long as the dimensions of the platform do not exceed sixteen feet in width or length and two feet above ground in height.
(3) Type 3 facilities have the most significant visual impact on surrounding properties due to the increased heights permitted and fewer requirements for concealment.
Type 3 WCFs include those WCFs whose height is one hundred fifty feet or more, or that otherwise do not constitute Type 1 or 2. A conditional use permit shall be required. (Res. 2021-140 (Att. A), 12/7/21).
11.91.040 Third party review.
Wireless communication services providers use various methodologies and analysis tools to determine the specific technical parameters of wireless communication services, such as expected coverage area, antenna configurations and topographic constraints that affect signal paths. For Type 2 and 3 WCFs, there may be a need for expert review by a third party of the technical data submitted by a wireless communication services provider. The county may require such technical review to be paid for by the applicant. The selection of the third party expert shall be by mutual agreement between the applicant and the county or at the discretion of the county. The expert review is intended to be a site-specific review of the technical aspects of the Type 2 or 3 WCF and not a subjective review of the site selection. Such a review should address the accuracy and completeness of the technical data, possible interference problems and whether the analysis techniques and methodologies are legitimate. A determination on the validity of the applicant’s conclusions, and any specific technical issues outlined by the county or other interested parties shall be made. Based on the results of the third party review, the county may require changes to the application for the WCF that comply with the recommendations of the expert. (Res. 2021-140 (Att. A), 12/7/21; Res. 2003-09 (part), 1/21/03. Formerly 11.91.030).
11.91.050 Exemptions.
The following are exempt from the provisions of this chapter:
(1) VHF and UHF receive-only television antenna(s), provided they are fifteen feet or less above the existing or proposed roof;
(2) Small communication devices or antenna(s) used to communicate with intelligent devices related to the operation of public utilities, except main control reception facilities and towers;
(3) Communication facilities within public road rights-of-way, provided such facility or structure is not located within a clear view triangle, does not exceed a height of ninety-six inches and complies with all franchise agreement requirements;
(4) Radar systems for military and civilian communication and navigation;
(5) Wireless radio or other temporary WCF utilized for temporary emergency communications in the event of a disaster;
(6) Satellite dish antennas less than two meters in diameter, including direct-to-home or business satellite service, when used as an accessory use on a property;
(7) Routine maintenance or repair of a WCF or related equipment;
(8) Low impact utilities, which includes small wireless communication facilities (SWF). (Res. 2021-140 (Att. A), 12/7/21; Res. 2003-09 (part), 1/21/03. Formerly 11.91.040).
11.91.060 General criteria.
The location and development of wireless communication facilities shall meet the applicable provisions of this code and the following criteria:
(1) Co-Location.
(A) Co-Location Encouraged. In order to minimize proliferation, WCFs shall be required, to the greatest extent practicable, to be co-located. Applicants shall design, orient, construct, and operate WCFs so as to facilitate sharing facilities with other utilities, to co-locate with other existing WCFs, and to accommodate the co-locations of future WCFs, where technically, practically and economically feasible. Co-location will be a requirement for approval for Type 2 and 3 WCFs unless the applicant submits a demonstration that supports, to the satisfaction of the approving authority, the conclusion that sharing space on existing facilities is not feasible or possible based on one or more of the following factors:
(i) Available space on existing facilities;
(ii) The facility owner’s ability to lease space;
(iii) The facility’s structural capacity;
(iv) Radio frequency interference;
(v) Geographic service area requirements;
(vi) Mechanical or electrical incompatibilities;
(vii) The comparative costs of co-location and new construction;
(viii) Any FCC limitation on facility or structural support sharing.
(B) Cooperation. No wireless communication services provider, lessee, or agent thereof shall act to exclude or attempt to exclude any other wireless services provider from using the same support structure or location. Wireless services providers, lessees, or agents thereof shall cooperate in good faith to achieve co-location of WCFs and equipment with other wireless services providers. If a dispute arises regarding the feasibility of co-locating, the county may require a third party technical study at the expense of either or both parties to resolve the dispute prior to issuing any development permit or approval. The administrator may impose permit conditions based on the results of any third party review.
(2) Color and Lighting. Except as specifically required by the FAA or FCC, antenna and antenna support structures shall adhere to the following:
(A) To the extent technically feasible and in compliance with safety regulations, specific colors of paint shall be required for the antenna and antenna support structure in order to blend better with its surroundings.
(B) If an antenna is installed on an alternative antenna support structure, the antenna and supporting electrical and mechanical equipment must be of a neutral color so as to make the antenna and related equipment as visually unobtrusive as possible.
(C) When lighting is required and permitted by the FAA or other federal or state authority, it shall be oriented so as not to project onto surrounding property. Strobe lighting on wireless communication facilities is not permitted. Otherwise, antenna and antenna support structures shall not be illuminated.
(3) Setbacks.
(A) WCF towers and support structures shall be located on the lot or license area so that the distance from the base of the tower or structure to any property line, license area boundary or adjacent/supporting structure is at least one hundred percent of the proposed structural height. Towers or structures that cannot satisfy this one hundred percent setback may be approved if the applicant presents a certification from a licensed structural engineer that the structure is designed for a basic wind speed of ninety miles per hour in accordance with the currently adopted edition of the ANSI-EIA/TIA-222E.
(B) Except for towers and support structures, all WCFs and items affixed thereto, guy wires, or supports, shall meet the setback standards of the underlining zoning in which they are located.
(4) Equipment Enclosures—Fencing.
(A) Equipment enclosures mounted onto a WCF base or onto a WCF tower shall be locked and prohibit access by the public. Equipment structures mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted. Equipment enclosures measuring six feet or less in all dimensions that are not mounted onto a WCF base or onto a WCF tower shall be locked and prohibit access by the public, shall be located no more than twenty-five feet from the WCF base, and shall be located in such position by the WCF tower base so as to minimize public view.
(B) Equipment enclosures with any dimension greater than six feet shall be screened from public view pursuant to this section and Title 15 and shall meet the following standards, unless waived or modified by the administrator due to surrounding area, property dimensions, proposed WCF details, or other site-specific conditions:
(i) The floor area shall be the minimum necessary; however, in no instance shall the equipment enclosure be greater than two hundred square feet and the maximum height is twelve feet for each provider. The equipment building may be located no more than two hundred fifty feet from the tower or antenna and shall comply with the setback regulations for the underlying zone.
(ii) Ground-level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means as specified herein or in Title 15. Required landscape plantings shall be installed around the perimeter of the required security fence.
(iii) For new WCFs with equipment enclosures whose height is greater than six feet, a solid fence no less than six feet in height from the finish grade shall be provided. Access to such equipment enclosure shall be through a locked gate via Knox box or other safety and security devices.
(5) Required Parking. At least one parking stall shall be provided in accordance with Chapter 11.90. The county engineer may approve alternative surfaces and parking locations in reasonable proximity to each WCF.
(6) Federal Requirements. 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.
(7) No advertising or display shall be located on any antenna support structure, antenna or security fencing; however, the owner of the antenna array shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site.
(8) The owner of the WCF shall notify the department when the tower is no longer operating as part of a wireless communication system authorized and licensed by the FCC. Within six months of the date the facility ceases to operate as part of an authorized system, the facility must be removed from the site.
(9) All proposals must be reviewed by the Chelan County fire marshal for compliance with applicable fire safety regulations.
(10) Conditional use permit applications for the placement and operation of WCFs under this section shall be made available for agency review and comment, including the appropriate military personnel when located in areas where military training and operating flights occur. The applicant is required to provide sufficient evidence that the proposed WCF is compatible with other uses in the surrounding area, including any military training and operating activities, as well as meeting the criteria of this section and Chapter 11.93, Conditional Use Permits. (Res. 2021-140 (Att. A), 12/7/21; Res. 2003-09 (part), 1/21/03).
11.91.070 Application.
Applicants for a proposed WCF must submit the following information:
(1) Site Plan. A scaled site plan showing the location, point of reference, type, height and horizontal location of the proposed support structures and antennas, existing buildings, on-site land uses and zoning, adjacent land uses and zoning, adjacent rights-of-way, parking areas if applicable, the method of camouflage, noise screening, and illuminations shall be indicated. The applications shall also include elevation drawings of the proposed support structure and any other proposed structures.
(2) Proof of Legal Access. Proof that the service provider has legal access to the proposed site.
(3) Landscaping Plan. If applicable, a landscaping plan in accordance with the provisions of Chapter 15.50.
(4) Service Area Map. A current map showing the location of the proposed support structure, the locations and service areas of other WCFs operated by the applicant and those proposed by the applicant that are close enough to impact service within the county.
(5) Co-location Demonstration. For Type 2 and 3 WCFs, a demonstration meeting the requirements of Section 11.91.060(1).
(6) Co-location Statement. A statement by the applicant as to whether construction of a new support structure will accommodate co-location of additional antennas for future users. If so, a signed statement shall be included indicating that the applicant and leaseholder agree they will diligently negotiate in good faith to facilitate co-location of additional WCFs by other providers on the applicant’s structure or within the same site location.
(7) Compliance Letter. A letter signed by the applicant stating the support structure and antenna will comply with all applicable federal, state and local laws and regulations, EIA standards and this section.
(8) Interference Certification. Certification that the WCF will not interfere with transmission or reception functions of licensed frequencies of other adjacent or neighboring WCFs.
(9) Licenses. Copies of any FCC licenses required under FCC regulations for the provisions of service within the county.
(10) Documentation that the proposed WCF meets or exceeds 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.
(11) All providers shall attest to and demonstrate compliance with FCC and Washington State laws relating to emergency 911 regulations.
(12) Sufficient evidence that the proposed WCF is compatible with other uses in the surrounding area, including any military training and operating activities, as well as meeting the criteria of this section and Chapter 11.93, Conditional Use Permits. (Res. 2021-140 (Att. A), 12/7/21; Res. 2003-09 (part), 1/21/03).
11.91.080 Application review and approval.
(1) Type 1 and 2 WCFs. Applications that are categorically exempt from SEPA shall be subject to limited administrative review in accordance with Section 14.10.020. Such application shall be approved if the department determines that the proposed WCF meets all criteria of this section related to Type 1 or Type 2, as applicable, and the application complies with the provisions of Section 11.91.070.
Applications that are not categorically exempt from SEPA shall be subject to full administrative review in accordance with Section 14.10.030, unless such application is for a new WCF tower located within the rural waterfront (RW) zoning district, which shall require approval of a conditional use permit, pursuant to Chapter 11.93 and shall be subject to quasi-judicial review in accordance with Section 14.10.040.
(2) Type 3 WCFs. Applications shall require a conditional use permit, pursuant to Chapter 11.93 and shall be subject to quasi-judicial review in accordance with Section 14.10.040. (Res. 2021-140 (Att. A), 12/7/21).