40.260.250 Wireless Communications Facilities

A.    Purpose. The purpose of this section is to protect visual and aesthetic features of Clark County while providing continuing opportunities for effective wireless communications services throughout the county. The following specific goals are intended to protect the safety and welfare of the citizens of Clark County, and to provide for planned development consistent with the comprehensive plan:

1.    Promote maximum utilization and encourage collocation of new and existing wireless communications antennas to minimize the total number of support structures and towers throughout the county;

2.    Encourage careful consideration of topography and location to ensure sites have minimal impact on views;

3.    Encourage the location of support towers and antenna arrays in nonresidential areas; and

4.    Encourage siting of new support towers that minimizes wildlife impacts.

(Amended: Ord. 2017-07-04; Ord. 2018-01-09)

B.    Applicability and Exemptions.

1.    Applicability. All wireless communications facilities (WCFs) that are not exempt pursuant to this section shall conform to the standards specified in this section. All WCFs in the Columbia River Gorge National Scenic Area shall additionally comply with the requirements of Chapter 40.240.

2.    Exemptions. The following are exempt from the provisions of this section and shall be allowed in all zoning districts:

a.    Wireless communications facilities that were legally established prior to the effective date of the ordinance codified in this section;

b.    Temporary facilities used on the same property for seven (7) days or less;

c.    Temporary facilities that are used solely for emergency communications in the event of a disaster, emergency preparedness, or public health or safety purposes;

d.    Two-way communication transmitters used for (1) emergency services including, but not limited to, fire, police, and ambulance services, and (2) essential public utility services, including but not limited to electric, water and wastewater;

e.    Licensed amateur (ham) radio stations and citizen band stations;

f.    Any maintenance, repair, replacement, or upgrade of previously approved wireless communications facilities, support structures, and support towers; provided:

(1)    Such activities do not increase the overall height of the facility by more than ten percent (10%) or twenty (20) feet, whichever is greater, and any additional height meets the allowable height requirements in Section 40.260.250(F);

(2)    None of the activities causes a light to be required where none was previously approved;

(3)    Expansion or replacement of support structures may be subject to site plan review under Section 40.520.040;

(4)    An existing wireless carrier may add antennas to its facility, but the collocation of an additional wireless carrier is not exempt from review under this title;

(5)    Replacements and upgrades under this subsection shall require building safety review; and

(6)    The addition of generators that were not previously approved are not exempt activities.

g.    Roof-mounted dish antennas used for residential purposes, and VHF and UHF receive-only television antennas, provided they are fifteen (15) feet or less above the existing or proposed roof of the associated residential structures; and

h.    The installation and use of an antenna or antennas smaller than one (1) meter in diameter for use by a private dwelling occupant for personal, home business, utility metering or private telecommunications purposes.

(Amended: Ord. 2005-04-12; Ord. 2014-01-08; Ord. 2017-07-04; Ord. 2018-01-09)

C.    Definitions.

    For the purposes of this section, the following definitions apply:

Amateur radio station

“Amateur radio station” means a personal radio station licensed by the FCC, governed by Part 97 of the FCC’s rules and regulations, and operated by a duly authorized person interested solely with a personal aim and without pecuniary interest.

Antenna

“Antenna” means any pole, panel, rod, reflection disc or similar device used for the transmission or reception of radio frequency signals, including, but not limited to omni-directional antenna (whip), directional antenna (panel), microcell, and parabolic antenna (dish). The antenna does not include the support structure or tower.

Array

“Antenna array” means any system of poles, panels, rods, discs or similar devices used for the transmission or reception of radio frequency signals. An antenna array can be made up of one (1) or more antennas including but not limited to the following:

(A)    Directional antennas (also known as panel antenna) which transmit signals in a directional pattern of less than three hundred sixty (360) degrees;

(B)    Omni-directional antennas (also known as a whip antenna) which transmit signals in a three hundred sixty (360) degree pattern; or

(C)    Parabolic antennas (also known as a dish antenna) which are bowl shaped devices that receive and transmit signals in a specific directional pattern (e.g., point to point).

(Amended: Ord. 2004-06-11)

Auxiliary support equipment

“Auxiliary support equipment” means all equipment necessary to process wireless communication signals and data, including, but not limited to, electronic processing devices, air conditioning, emergency generators, and cabling interface devices. For the purposes of this section, auxiliary equipment shall also include the shelter, cabinets, and other structural facilities used to house and shelter necessary equipment. Auxiliary equipment does not include support towers or structures.

Collocation

“Collocation” means use of a common wireless communications support structure or tower for two (2) or more antenna arrays.

Federal Aviation Administration

“Federal Aviation Administration (FAA)” is the federal regulatory agency responsible for the safety of the nation’s air traffic control system, including airspace impacted by wireless communications support structures and towers.

Federal Communications Commission

“Federal Communications Commission (FCC)” is the federal regulatory agency charged with regulating interstate and international communications by radio, television, wire, satellite, and cable.

Height

“Height,” when referring to a wireless communications facility, means the distance measured from the original grade at the base of the support tower or structure to the highest point on the support tower or structure, including the antenna(s) and lightning rods.

Infrastructure provider

“Infrastructure provider” means an applicant whose proposal includes only the construction of new support towers or auxiliary structures to be subsequently utilized by service providers.

Monopole

“Monopole” means a support tower composed of a single pole used to support one (1) or more antenna(s) or arrays.

Radiofrequency energy

“Radiofrequency energy (RF)” is the energy used by cellular telephones, telecommunications facilities, and other wireless communications devices to transmit and receive voice, video and other data information.

Residential district

“Residential district” means any zoning district which has as its primary purpose single or multifamily residences, to include R and OR districts in urban areas and R and RC districts in non-urban areas.

Setback

“Setback” means the required distance from any structural part of a wireless communications facility (including support wires, support attachments, auxiliary support equipment and security fencing) to either the property line of the parent parcel on which the wireless communications facility is located or to the nearest dwelling, depending on location.

Support structure

“Support structure” means an existing building or other structure to which an antenna is or will be attached, including, but not limited to, buildings, steeples, water towers, and signs. Support structures do not include support towers or any building or structure used for residential purposes.

Support tower

“Support tower” means a structure designed and constructed exclusively to support a wireless communications facility or an antenna array, including monopoles, self-supporting towers, guy-wire support towers, and other similar structures, excluding existing utility poles in any dedicated right-of-way.

Temporary facility

“Temporary facility” means any wireless communications facility which is not deployed in a permanent manner, and which does not have a permanent foundation.

Utility pole placement/replacement

“Utility pole placement/replacement” means the placement of antennas or antenna arrays on existing or replaced structures such as utility poles, light standards, and light poles for streets and parking lots.

Wireless communications

“Wireless communications” mean any personal wireless services as defined by the Federal Telecommunications Act of 1996, including but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar FCC licensed commercial wireless telecommunications services that currently exist or that may in the future be developed.

Wireless communications facility

“Wireless communications facility (WCF)” means any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals for the provision of wireless communications.

(Amended: Ord. 2017-07-04; Ord. 2018-01-09)

D.    Site Location of Wireless Communications Facilities. Wireless communications facilities are permitted in any zone in the unincorporated county subject to the following preferences and the limitations in Section 40.260.250(E)(2). New wireless communications facilities shall be in conformance with all applicable standards as provided by this section.

1.    Facility Priorities. The county’s preferences for WCFs are listed below in descending order with the highest preference first.

a.    Collocation with legally existing WCFs on support structures or support towers in nonresidential districts;

b.    Collocation with legally existing WCFs on support structures or support towers in residential districts;

c.    New attached WCFs on support structures in nonresidential districts;

d.    New attached WCFs on support structures in residential zones;

e.    New support towers.

2.    Utility Pole Placement/Replacement. Placement of antennas or antenna arrays on existing structures such as utility poles, light standards, and light poles for street and parking lots is preferred over new towers. Utility poles may be replaced for purposes of adding WCFs. Such replacements shall not be considered new support towers, and parcel size, setback, landscaping, and screening requirements of this section shall not apply. Unless SEPA review is required, utility pole placements/replacements require a Type I review and are subject to the following:

a.    The existing pole may be replaced with a similar pole not exceeding twenty (20) additional feet in height. Such increase in height shall only be allowed for the first replacement of the pole.

b.    A pole extension may not exceed the diameter of the pole at the mounting point for the antennas.

c.    For placement or replacement in public rights-of-way, auxiliary support equipment shall be mounted on the pole or placed underground. No at-grade support equipment in the right-of-way is permitted.

d.    Replacements in public rights-of-way are subject to Chapters 12.20A and 13.12A.

3.    Location Priorities for New Towers. The county’s preferences for new support tower locations in rural areas and in urban areas are listed below in descending order with the highest preference first. There is no preference for urban versus rural locations.

a.    Order of preference for new support towers in rural areas:

(1)    Rural Industrial outside rural centers (IH), to include UR-20 and UR-40;

(2)    Forest Tier I (FR-80) and Tier II (FR-40);

(3)    Rural Industrial inside rural centers (IH);

(4)    Agriculture (AG-20);

(5)    Rural (R-20);

(6)    Rural (R-10; R-5), to include UR-10;

(7)    Rural Commercial outside rural centers (CR-1);

(8)    Rural Commercial inside rural centers (CR-2);

(9)    Rural Center Residential (RC-2.5; RC-1).

b.    Order of preference for new support towers in urban areas:

(1)    Heavy Industrial (IH);

(2)    Light Industrial (IL), to include UH-20;

(3)    General Commercial (GC);

(4)    Other commercial districts, to include UH-10;

(5)    Mixed Use (MX) districts;

(6)    Residential districts.

4.    Lease Areas.

a.    Except as otherwise required in this section, lease areas for new support towers shall be exempt from all lot standards of the zone in which they are permitted.

b.    Approval of a tower site under this section shall not be construed as creating a separate building lot for any other purpose unless it is created through platting or binding site plan approval.

(Amended: Ord. 2005-04-12; Ord. 2010-12-12; Ord. 2012-12-14; Ord. 2014-01-08; Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2018-01-09)

E.    Development Standards.

1.    Collocation. Wireless communications facilities shall be collocated to the greatest extent possible to minimize the total number of support towers throughout the county. To this end, the following requirements shall apply:

a.    The county shall deny an application for a new support tower if the applicant does not demonstrate a good faith effort to collocate on an existing facility. Applicants for new support towers shall demonstrate to the responsible official that collocation is infeasible by showing that at least one (1) of the following conditions exists:

(1)    No existing towers or structures are located within the applicant’s projected or planned service area for their facility; or

(2)    According to a qualified RF specialist, existing towers or structures cannot be reconfigured or modified to achieve sufficient height; or

(3)    According to a qualified RF specialist, collocation would result in electronic, electromagnetic, obstruction or other radio frequency interference with existing or proposed installations; or

(4)    According to a structural engineer, existing towers or structures do not meet minimum structural specifications or structural integrity for adequate and effective operations to meet service objectives; or

(5)    Collocation would cause a nonconformance situation (e.g., exceeding height restrictions); or

(6)    A reasonable financial arrangement between the applicant and the owner(s) of existing facilities could not be reached.

b.    Carriers who collocate on existing towers or structures shall be allowed to construct or install accessory equipment and shelters as necessary for facility operation. Such development shall be subject to regulations under the International Building Code (IBC), applicable development standards of the underlying zone, and applicable development standards pursuant to this section (e.g., lighting, security, signage).

c.    Collocated WCFs within one (1) mile of any public safety building such as police or fire station shall be reviewed with Clark Regional Emergency Services Agency for possible interference with public safety communications.

2.    New Support Towers. The following standards shall apply to new support towers:

a.    New support towers allowed under this section shall be designed to accommodate collocation. The following provisions shall apply:

(1)    All new support towers shall accommodate collocation opportunities for a minimum total of two (2) antenna arrays. A height bonus of up to twenty percent (20%) of the maximum tower height allowed in Section 40.260.250(F)(1)(b)(1) is allowed with one (1) or more additionally proposed antenna arrays if the screening requirements of Section 40.260.250(F)(1)(b)(2) are met.

(2)    A support tower owner approved under this section shall not deny a wireless provider the ability to collocate on their facility at a fair market rate or at another cost basis agreed to by the affected parties.

b.    New support tower installations shall be a minimum of one thousand (1,000) feet from the county portions of NE Lucia Falls Road and SE Evergreen Highway, designated by the state as scenic highways.

c.    Unless the State Historic Preservation Officer determines there is no material impact, new support towers shall be a minimum of one thousand (1,000) feet from all sites listed on either the National Register of Historic Places or the Clark County Heritage Register.

d.    New support towers within three (3) miles of a national wildlife refuge or within a thousand (1,000) feet of those features or areas identified in Section 40.260.250(G)(2)(b)(2)(h)(iii) shall be reviewed for possible impacts to wildlife.

e.    New support towers within one (1) mile of any public safety building such as a police or fire station shall be reviewed with Clark Regional Emergency Services Agency for possible interference with public safety communications.

f.    New support towers shall comply with all FAA and state aeronautics requirements and regulations. Upon request, the applicant must provide evidence or certification of such compliance.

g.    Building permits for support towers shall not be issued to infrastructure providers until one (1) or more wireless communications service providers that will use the support tower are identified.

3.    Signage. Support towers and antenna(s) shall not be used for signage, symbols, banners, or other devices or objects attached to or painted on any portion of a WCF. Any emergency information, public safety warnings, or additional signage required by a governmental agency shall be displayed in an appropriate manner.

4.    Noise. Wireless communications facilities shall not generate noise levels in excess of maximum standards set forth in Chapter 173-60 WAC. Generators may be operated only for emergency purposes. If air conditioning or other noise-generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.

(Amended: Ord. 2006-05-01; Ord. 2009-03-02; Ord. 2017-07-04; Ord. 2018-01-09)

F.    Design Standards.

1.    Height.

a.    Support Structures. Attached WCFs shall not add more than twenty (20) feet in height to the support structure (including utility pole replacements) to which they are attached.

b.    New Support Towers.

(1)    Subject to height bonus allowances in Sections 40.260.250(E)(2)(a) and (F)(1)(b)(2), new support tower heights including all attachments are limited to the following:

(a)    Rural areas: one hundred sixty-five (165) feet.

(b)    Urban nonresidential districts: one hundred twenty (120) feet, except as provided for in Section 40.260.250(F)(1)(b)(1)(c).

(c)    Urban nonresidential districts: one hundred fifty (150) feet when the tower setback is greater than twice the total tower height or the parcel is completely surrounded by industrial parcels.

(d)    Urban residential districts: one hundred (100) feet.

(2)    Tower height may be increased if eighty percent (80%) of the final proposed tower is screened.

2.    Setbacks.

a.    All new support towers in rural areas shall maintain a setback as described below, whichever is greater:

(1)    A minimum fifty (50) foot setback from the property line of the parent parcel or from a right-of-way line; or

(2)    A distance equal to or greater than the total tower height from the nearest residence located on another parcel.

b.    Setbacks for all new support towers in urban nonresidential areas shall be those of the underlying district.

c.    All new support towers in urban residential areas shall maintain a setback equal to or greater than the tower height from the nearest residence on another parcel, or otherwise comply with the setbacks of the underlying district.

d.    Setbacks for auxiliary support equipment shall be those of the underlying zoning district.

e.    An exception may be granted for a location within the setback which is clearly preferable based on a review by the responsible official and provided such location has written approval from the property owners adjacent to the affected setback line.

f.    Setbacks shall not apply to easements established solely for the purpose of access to the WCF.

3.    Landscaping and Screening.

a.    A landscaping and screening plan shall be submitted with all new support tower applications.

b.    Screening. Screening of new towers with existing tower-obscuring vegetation or buildings is preferred. If this requirement cannot be met, new support towers shall be screened with vegetation appropriate to the site, unless incompatible with the general surroundings and environment in the area. Such vegetation shall consist of a mix of native tree species that will reach a height of thirty (30) feet or more and be eighty percent (80%) opaque year-round. Planted evergreen species shall be fully branched and a minimum of six (6) feet high when planted. The required screening shall be permanently maintained in accordance with the provisions of Section 40.320.010.

c.    Landscaping. All new support towers and associated structures shall be fully enclosed within a minimum six (6) foot high gated and locked security fence. A minimum five (5) foot landscape buffer shall be established surrounding the enclosure, containing landscape plantings meeting the L3 standard as described in Section 40.320.010. A wall or fence may be substituted for the required shrubs where compatible with the general surroundings and environment of the area. Fencing, and landscaping, and screening are not required on any side of the site made up by existing buildings. The required landscaping shall be permanently maintained in accordance with the provisions of Section 40.320.010. The responsible official may waive all or portions of this requirement subject to the following findings:

(1)    The electrical equipment control box is fully enclosed and secured from access by the public.

(2)    The waiver will encourage support tower design that is more compatible with the site setting and surrounding uses.

d.    Owner Assurances. To assure continued compliance with landscaping and screening requirements, a covenant or other appropriate instrument may be required from the property owner.

4.    Color. For all new wireless communications facilities, the following criteria shall apply:

a.    Unless otherwise required by the FAA, all support towers and antennas shall have a non-glare finish and blend with the natural background.

b.    Attached WCFs shall be of a color that matches the color of the supporting structure to the greatest extent to minimize visual impacts.

5.    Lighting. Except as required by the FAA, artificial lighting of wireless communications towers shall be prohibited. Security lighting for equipment shelters or cabinets and other on-the-ground auxiliary equipment is allowed; provided, that lighting is shielded to keep direct light within the site boundaries. Strobe lighting is prohibited unless required by the FAA.

6.    Variances. Any applicant may request a variance from the standards of this section. Requests for variance shall be made in accordance with the procedures and criteria specified in Section 40.550.020. In addition to the requirements of Section 40.550.020, the applicant shall demonstrate the following:

a.    Strict adherence to the provisions of this section will result in an inability of the applicant to provide adequate WCF services within Clark County; and

b.    The granting of the variance will not adversely affect views from designated scenic highways or areas of historic or cultural significance.

(Amended: Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2007-06-05; Ord. 2014-01-08; Ord. 2017-07-04; Ord. 2018-01-09)

G.    Permit Process.

1.    Process Review. Table 40.260.250-1 shows required levels of WCF application review in terms of district location. Each type is subject to Section 40.520.040, Site Plan Review, and Chapter 40.510, Type I, II, III and IV Processes. Proposals requiring Type III review shall necessitate approval of a conditional use permit. Facilities exempt from threshold determination and EIS requirements under SEPA are listed in WAC 197-11-800(25).

 

Table 40.260.250-1. Processing Requirements for Wireless Communications Facilities

 

Collocation1 on Existing Support Towers or Support Structures

New2 Attached WCFs on Existing Support Structures

New Support Towers

WCFs in Rural Areas (outside UGBs)

Review Type3

Industrial outside rural centers (IH)

I

I

II; III4

Forest Tier I (FR-80) and Tier II (FR-40)

I

I

II; III4

Industrial inside rural centers (IH)

I

I

II; III4

Agriculture (AG-20)

I

I

III

Rural 20, Rural 10, Rural 5 (R-20; R-10; R-5)

I

I

III

Rural Commercial outside rural centers (CR-1)

I

I

III

Rural Commercial inside rural centers (CR-2)

I

I

III

Rural Center Residential (RC-2.5; RC-1)

I

I

III

Urban Reserve (UR)

I

I

III

 

 

 

 

WCFs in Urban Areas (inside UGBs outside city limits)

 

 

 

Urban Holding (UH)

I

I

III

Employment Zones (IL, IH, IR, BP)

I

I

II; III4

Commercial (NC, CC and GC)

I

I

III

Residential

I

I

III

 

 

 

 

Temporary Use (not to exceed 60 days)

 

 

 

All districts

I

I

I

1Adding WCFs such as antennas to previously approved WCFs.

2Adding WCFs to structures where none were previously approved.

3 Type 1s become Type 2s if the facility is not categorically exempt under WAC 197-11-800(25).

42; 3 = Type 2, unless tower location is within five hundred (500) feet of a parcel where a Type 3 review would be required.

The preferred district locations for WCFs in rural and urban areas are in order from top to bottom.

The preferred WCF types are in order from left to right.

(Amended: Ord. 2012-12-14; Ord. 2014-01-08; Ord. 2016-06-12)

2.    Application Submittal. Applications for the location and development of wireless communications facilities shall include the following:

a.    For wireless collocation applications:

(1)    A written narrative that addresses the following:

(a)    How the application meets or exceeds each of the applicable approval criteria and standards;

(b)    How the proposed plan meets the minimum area and dimensions of the base zone;

(c)    A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, anticipated coverage of the facility, and the ability to accommodate future collocation opportunities;

(d)    If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility;

(e)    The frequency of vehicular trips the proposal could be expected to generate.

(2)    A site plan that is drawn to a minimum engineer’s scale of one (1) inch equals two hundred (200) feet on a sheet no larger than twenty-four (24) inches by thirty-six (36) inches. The following information shall be clearly depicted:

(a)    Applicant’s name, mailing address and phone number;

(b)    Owner’s name and mailing address;

(c)    Contact person’s name, mailing address, and phone number;

(d)    North arrow (orientated to the top, left or right of page), scale and date;

(e)    Proposed name of project;

(f)    Vicinity map covering one-quarter (1/4) mile radius from the development site (not required for rural area plans); and

(g)    Area of the site in acres or square feet.

(h)    Existing Conditions on the Site. A copy of the previously approved site plan and elevation drawings for the existing facility, or a site plan depicting:

(i)    The entire parcel, drawn to scale, with property lines, north arrow (orientated to the top, left or right of page), footprint of existing structures and driveways, parking spaces, abutting streets (name, centerline, curb and sidewalk), and existing fire hydrants;

(ii)    Elevation drawings of existing site and facility, including the tower, equipment structures, antennas, mounts and, if applicable, existing structures. Other applicable features, including but not limited to security fencing and screening, shall be included.

(i)    Proposed Improvements.

(i)    Show the location of all proposed structures, driveways and roads, easements, number and layout of proposed parking spaces (as applicable) and proposed location of fire hydrants;

(ii)    Landscape plan if landscaping is proposed;

(iii)    Elevation drawings of the proposed site and facility changes.

(3)    Documentation that establishes the applicant’s right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, license agreement or letter of authorization to use the facility from the owner of the support structure.

(4)    Submit an original letter, signed and stamped by an engineer licensed in the state of Washington, certifying that the existing cell tower or support structure is of sufficient structural capacity to support the addition of the proposed collocation based on Telecommunications Industry Association Standard TIA/EIA-222.

b.    For new support tower applications:

(1)    A written narrative that addresses the following:

(a)    How the application meets or exceeds each of the applicable approval criteria and standards;

(b)    How the proposed plan meets the minimum area and dimensions of the base zone;

(c)    How the issues identified in the pre-application conference have been addressed, and generally, how services will be provided to the site;

(d)    A comprehensive description of the existing or proposed facility including the technical reasons for the design and configuration of the facility, design and dimensional information, anticipated coverage of the facility and the ability to accommodate future collocation opportunities.

(e)    If camouflage technology is proposed, the applicant shall provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility.

(f)    An analysis of the proposal area and discussion of factors influencing the decision to target the proposed location. Such analysis shall include the good faith efforts and measures taken to secure a higher priority location; how and why such efforts were unsuccessful; and how and why the proposed site is essential to meet service demands for the geographic service area.

(g)    An analysis of existing WCFs within the intended service area, describing the status of collocation opportunities at these sites.

(h)    The proposed frequency of trips the proposal could be expected to generate.

(2)    A site plan that is drawn to a minimum engineer’s scale of one (1) inch equals two hundred (200) feet on a sheet no larger than twenty-four (24) inches by thirty-six (36) inches. The following information shall be clearly depicted:

(a)    Applicant’s name, mailing address and phone number;

(b)    Owner’s name and mailing address;

(c)    Contact person’s name, mailing address, and phone number;

(d)    North arrow (orientated to the top, left or right of page), scale and date;

(e)    Proposed name of project;

(f)    Vicinity map covering one-quarter (1/4) mile radius from the development site (not required for rural area plans); and

(g)    Area of the site in acres or square feet.

(h)    An aerial photograph, which clearly indicates the location of the proposed facility in relation to:

(i)    Significant features within one thousand three hundred twenty (1,320) feet including, but not limited to, existing and/or proposed site structures, public rights-of-way, residential developments, adjacent land uses, and properties used for public purposes;

(ii)    Governmental jurisdictional boundaries within five hundred (500) feet of the proposal boundaries; and

(iii)    Cliffs, snags, talus, Oregon white oak woodlands, Washington State biodiversity areas and corridors, waterfowl habitat and bald eagle foraging areas within one thousand (1,000) feet as defined by the Washington Department of Fish and Wildlife as Priority Habitats and Species areas subject to Chapter 40.440.

(i)    A photographic analysis of the proposed site, including a representation of existing conditions and photographic simulations depicting views of any new support structures or towers.

(j)    Elevation drawings of the proposed site and facility, including the tower, equipment structures, antennas, mounts and, if applicable, any existing structures. Other applicable features, including but not limited to security fencing and screening, shall be included.

(k)    A detailed landscaping and screening plan, including existing and proposed vegetation, installation procedures, and landscaping/screening maintenance plans in accordance with Section 40.320.030.

(l)    Any additional applicable information the responsible official deems necessary to adequately review the proposal.

(3)    Documentation that establishes the applicant’s right to use the site shall be provided at the time of application by a copy of the proposed lease agreement, easement agreement, or license agreement.

(4)    Evidence that a neighborhood meeting has been held in compliance with the neighborhood meeting requirements set forth in Section 40.260.250(G)(3).

(5)    The application materials shall include a report stamped, dated and signed by a licensed professional engineer registered in the state of Washington demonstrating the following:

(a)    The facility complies with all requirements of the International Building Code;

(b)    The structural capability of the facility will support collocated antennas (if applicable);

(c)    The facility complies with all applicable standards of the FAA and FCC, including RF energy standards;

(d)    The basis for the calculation of capacities.

(6)    The location of new support towers in relation to any national wildlife refuge.

(7)    Applicants shall provide evidence of compliance with FAA requirements at the time of application.

3.    Neighborhood Meeting.

a.    The applicant shall hold a neighborhood meeting no more than ninety (90) days prior to the submission of a Type III application for a new support tower. The sole purpose of the neighborhood meeting is to exchange information on the siting and design of the new support tower, and should be scheduled to allow maximum flexibility for review of issues and alternatives prior to the application. The neighborhood meeting shall be held at a location within a reasonable distance of the proposed development site on a weekday evening at a reasonable time. A pre-application conference is not a substitute for the required neighborhood meeting.

b.    Requirements.

(1)    The applicant shall send a notice of the meeting at least fifteen (15) days prior to the scheduled meeting to:

(a)    The Chair of the Neighborhood Associations Council of Clark County (NACCC);

(b)    The county-recognized official representative of the Neighborhood Association, if one exists, that includes the proposed site;

(c)    The county staff representative responsible for neighborhood relations; and

(d)    All landowners within the notification radius of the proposed site as specified in Section 40.260.250(G)(4). The mailing list used for notification shall be based on the most recent property tax assessment rolls within thirty (30) days of mailing of the Clark County Assessor. At the request of the applicant, and upon payment of an applicable fee, the county will provide the required mailing list.

(2)    Coincidental with the notification mailing, the applicant shall post the meeting notification in the neighborhood news section of the local press, and shall post a sign with the neighborhood notification in a conspicuous location near the edge of the property containing the proposed development.

(3)    The notice must identify the date, time and place of the meeting and provide a brief description of the proposed development.

(4)    A copy of the notice, mailing list and the proposed development plan as presented at the meeting, as well as minutes and the sign-in sheet from the meeting, shall be submitted with the application.

4.    Notification. Notification procedures of Chapter 40.510 shall apply, except that for new support towers, the notification radius shall be one thousand three hundred twenty (1,320) feet (1/4 mile) in rural areas and six hundred sixty (660) feet (1/8 mile) in urban areas.

5.    Third Party Review. The review authority may require a technical review by a third party of the applicant’s justification under Section 40.260.250(E)(1) for a new tower location as part of the Type III permit review process. The first two thousand dollars ($2,000) of cost of the technical review shall be borne by the applicant, and such cost will be adjusted annually based on the implicit price deflator as determined by the Clark County Budget Office.

(Amended: Ord. 2005-04-12; Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2008-06-02; Ord. 2011-08-08; Ord. 2014-01-08; Ord. 2017-07-04; Ord. 2018-01-09)

H.    Temporary Facilities.

    In order to facilitate continuity of services during maintenance or repair of existing installations, or prior to completion of construction of a new WCF, temporary facilities shall be allowed subject to a Type I administrative review. Temporary facilities shall not be in use in excess of sixty (60) days at any one (1) location during in any given one hundred eighty (180) day period. Temporary facilities shall not have a permanent foundation, and shall be removed within thirty (30) days of suspension of services they provide.

I.    Removal for Discontinuance of Service.

1.    WCFs which have not provided service for one hundred eighty (180) days shall be removed, and the site re-vegetated, unless an application is pending for service provision.

2.    Permits for new towers shall contain a provision requiring written notice to the department of any discontinuance of service which exceeds ninety (90) consecutive days.