Chapter 18.22
WIRELESS COMMUNICATION FACILITIES (WCF)

Sections:

18.22.010    Purpose.

18.22.020    Goals.

18.22.030    Applicability.

18.22.040    Definitions.

18.22.050    Permit – Required.

18.22.060    Permit – Exceptions.

18.22.070    Permit – Types and timelines.

18.22.080    Fees.

18.22.090    Siting criteria.

18.22.100    Design requirements.

18.22.110    Eligible facilities requests.

18.22.120    Installation and inspection.

18.22.130    Interference.

18.22.140    Obsolescence and removal.

18.22.150    Appeals.

18.22.160    Conflict.

18.22.010 Purpose.

The purpose of this chapter is to:

A.    Establish clear regulations for the siting, design, maintenance and operation of wireless communication facilities (WCFs) consistent with State and Federal regulations;

B.    Promote the health, safety, and general welfare of the Issaquah community by regulating the siting and design of WCFs;

C.    Provide clear and predictable permitting for network providers and the community; and

D.    Accommodate the growing need and demand for wireless communication services. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.020 Goals.

The goals of this chapter are to:

A.    Minimize visual, safety, aesthetic, and environmental impacts of WCFs on the community by establishing standards for location, structural integrity, and compatibility; and

B.    Encourage the location and collocation of wireless communications antenna on existing nonmunicipal structures; and

C.    Ensure that equipment does not become a barrier or impediment to pedestrians and cyclists; and

D.    Provide an opportunity for residents and interested parties to provide comment on the proposed location and design of new towers and poles; and

E.    Minimize the impact to public purpose of the public rights-of-way; and

F.    Ensure regulations are fair, do not favor earlier applicants, and accommodate the maximum number of users. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.030 Applicability.

No person shall place, construct, reconstruct or modify a WCF within the City without a permit, except as provided by this chapter. The designated official shall have discretion to approve, condition or deny elements of a WCF where standards provide flexibility or subjectivity based on the purpose and goals of this chapter; the same discretion is given to the Hearing Examiner for applications requiring a public hearing. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.040 Definitions.

For the purpose of this chapter, except when a different definition is required by IMC 18.22.110, Eligible facilities requests, the following terms are defined as follows:

Amateur radio tower: A tower with antenna(s) which transmit and receive noncommercial communication signals, and is defined as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio antenna(s) are considered part of the structure for the purposes of meeting development standards.

Antenna(s): Means an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 17.

Antenna array: A single or group of antenna elements and associated mounting hardware, cables, or other appurtenances that may share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

Antenna equipment: Means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Antenna facility: Means an antenna and associated antenna equipment.

Collocation: Means:

A.    Mounting or installing an antenna facility on a preexisting structure; and/or

B.    Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

    Provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Completely concealed facility: A WCF where: (A) the antennas, mounting apparatus, and any associated equipment are fully recessed/concealed from all sides with a structure that achieves total integration with the existing building or structure; and (B) all cable is routed internally or completely screened from view; and (C) the associated equipment is completely within the building or structure, placed in an underground vault, or is within another element such as a bench, mail box, kiosk, etc.

Decorative poles: Any pole that is uniquely found in a particular neighborhood in the City that adds to the aesthetic of the streetscape of that neighborhood and is specified in a City-adopted plan. Examples include, but are not limited to: Issaquah Highlands, Talus, Olde Town, and Central Issaquah.

Designated official: The City staff authorized by the Development Services Department to review and issue a WCF permit.

Equipment enclosures: Includes the wireless service provider’s specific enclosure used to house transmission equipment other than antennas, usually located within and including cabinets, shelters, pedestals, or other similar enclosures used to contain electronic equipment for said purpose. This may include cabinets attached to a pole.

Large satellite dish: Any satellite dish antenna(s) whose diameter is greater than four (4) feet. (See “Satellite dish antenna(s).”)

Macro cell facility: A large wireless communication facility that provides radio frequency coverage served by a high power cellular system. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three (3) cubic feet per antenna and typically cover large geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers.

Network node: Equipment at a fixed location enabling wireless communications between user equipment and a communications network.

Network provider: Network provider means:

A.    A wireless service provider; or

B.    A person that does not provide wireless services and that is not an electric utility or the City but builds or installs on behalf of a wireless service provider:

1.    Network nodes; or

2.    Node support towers or any other structure that supports or is capable of supporting a network node.

Personal wireless services: Means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by Federal laws and regulations.

Poles: Utility poles, light poles or other types of poles, used primarily to support electrical wires, telephone wires, television cable, lighting, or guide posts; or are constructed for the sole purpose of supporting a WCF.

Satellite dish antenna(s): A type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish or cone.

Small satellite dish: Any satellite dish antenna(s) that has a diameter less than or equal to four (4) feet.

Small wireless facility: Has the same meaning as defined in 47 CFR 1.6002.

Small wireless network: A collection of interrelated small wireless facilities designed to deliver personal wireless services.

Structure: Means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).

Structure mounted facility: A structure or building that can accommodate a wireless communication facility that is mounted on the roof or facade of the structure or building. The term does not encompass a tower or any equipment associated with a tower or a utility pole, light pole, traffic signal pole or miscellaneous pole.

Temporary wireless communication facility: Facilities that are composed of antennas and a mast mounted on a truck (also known as a cell on wheels, or “COW”), antennas mounted on sleds or rooftops, or ballast mount temporary poles. These facilities are for a limited period of time, are not deployed in a permanent manner, and do not have a permanent foundation. These facilities are for:

A.    The reconstruction of a permanent WCF and limited to a duration of twelve (12) months from the date of approval unless an extension is requested at least thirty (30) days prior to the expiration date; or

B.    Large scale events are limited to the duration of the event, plus ten (10) days prior to the event and ten (10) days after; or

C.    Emergency communications equipment in anticipation of and during a declared public emergency or emergency exercise.

Tower: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services such as microwave backhaul, and the associated site.

Transmission equipment: Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and back-up power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless communication facility (WCF): Any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support tower or other structures used to achieve the necessary elevation, and the transmission and reception devices or antenna. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.050 Permit – Required.

A.    No WCF shall hereafter be erected, re-erected, constructed, or altered except as provided by this chapter and a land use permit for same has been issued by the Development Services Department, unless such WCF is exempted per IMC 18.22.060, Permit – Exceptions. A separate permit shall be required for each individual WCF installation, except as allowed consistent with IMC 18.22.070(E) for small wireless networks.

B.    If the network provider is proposing WCF located in the public rights-of-way, then the network provider must apply for a franchise agreement pursuant to Chapter 12.60 IMC (Telecommunications). The designated official will process an application for a WCF permit concurrently with an application for a franchise, but any such permit will be conditioned on approval of the franchise by the City Council. No separate right-of-way use permit (IMC 12.60.400) is required for network providers receiving a permit under this chapter.

C.    If a network provider desires to make a modification to an existing, permitted small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole mounted or ground mounted equipment, or modifying the concealment elements, then the applicant shall apply for a permit under this chapter.

D.    All applications shall be submitted using the City’s published submittal requirements. The submittal requirements are available on the City’s webpage; or from the City’s Permit Center. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.060 Permit – Exceptions.

The following WCFs shall be exempt from the requirement to obtain land use permits:

A.    VHF and UHF Receive-Only Television Antenna(s): VHF and UHF receive-only antenna(s) shall not be required to obtain land use permit approval nor shall they be required to obtain building permit approval. Exempt VHF/UHF antenna(s) shall be restricted to a height limit of no more than ten (10) feet above the existing or proposed roof.

B.    Small Satellite Dish Antenna(s): Small dish antenna(s) in all zones shall be exempt from obtaining land use permit approval in accordance with the Federal Telecommunications Act. Such antennas shall not be required to obtain building permit approval, but installation must comply with any applicable provisions of the City building code.

C.    Routine maintenance or repair of wireless communication facilities and related equipment (excluding structural work or changes in height or dimensions of antennas, support structures or buildings); provided, that compliance with the standards of this code is maintained, and that such maintenance or repair does not defeat the concealment elements used in the original deployment; does not impact the structural integrity of the pole; does not remove required design elements; and does not require pole replacement. Further, a land use permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility.

D.    Temporary WCF for emergency communications equipment in anticipation of and during a declared public emergency or emergency exercise.

E.    Wireless communication facilities which legally existed or had a vested application on or prior to the effective date of the ordinance codified in this section; except, that this exemption does not apply to modifications of such facilities.

F.    Governmentally operated wireless communication devices for public safety radio systems, Ham radio and business radio systems. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.070 Permit – Types and timelines.

A.    Unless exempted by this chapter, all WCF installations and alterations require a land use permit. The type of permit required is based on the following table:

Table A: Types of Facilities and Required Permits

WCF Type

Structure

Land Use Permit Required

UHF/VHF antenna higher than 10' above roofline

Building

Level 0

Small satellite dish antenna

Building or ground mounted

None required

Large satellite dish antenna

Building or ground mounted

Level 0

Amateur radio towers

Building or ground mounted

Level 1

Temporary wireless communication facility not covered by IMC 18.22.060(D)

Varies

Level 0

New macro wireless facilities

New tower or structure mounted

Level 2

New small wireless facility

Existing pole

Level 1

Completely concealed WCF (both macro and small wireless)

Structure mounted

Level 01

Collocation of new antennas; new ground mounted equipment enclosures on previously approved structures

Existing structure, pole or tower

Level 1

New small wireless facility

New pole or tower

Level 2

New small wireless facility

Replacement pole

Level 1

Eligible facilities request; removal of existing antennas

Existing WCF

Level 0

1    May require an amendment to the land use permit for the building (determined at encouraged pre-submittal meeting).

    If a WCF does not fall into one (1) of the above categories, the designated official will determine which WCF type it is most closely related to for permitting purposes.

B.    Preapplication Meeting: A preapplication meeting is encouraged prior to submitting an application for a WCF. The purpose of the preapplication meeting is to discuss the nature of the proposed deployment, review process and schedule, and applicable plans, policies and regulations.

C.    Timelines for Review: All wireless communications facilities authorizations and permits are subject to the Federal review timelines (“shot clocks”) as described in 47 CFR Section 1.6001 et seq. and represented in Table B below:

Table B

    An application review period begins to run when application materials have been submitted and payment has been received. The clock shall stop should the City determine that the application is materially incomplete and provides notice to the network provider with clear and specific identification of the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information. The clock for the application review period may also be stopped by mutual agreement of the designated official and network provider. The shot clock for small wireless facilities restarts at zero (0) for small cell applications when the City is in receipt of network provider’s supplemental submission in response to the City’s notice of incompleteness; or when mutually agreed by the network provider and City. The review period may be tolled upon an additional determination of incompleteness if the City provides its request for supplemental information within ten (10) calendar days and specifically identifies the information the applicant failed to supply in response to its initial request.

D.    Notification Requirement: For all Level 2 land use permits issued for WCF, the network provider shall provide written notification of any proposed aboveground installation to all owners of property within three hundred (300) feet of the proposed location as part of the permit submittal.

    For all Level 1 land use permits issued for WCF, the network provider shall provide written notification of proposed pole mounted or aboveground installation of equipment to all adjacent property owners.

    This notification shall be part of a complete submittal by the applicant.

1.    The notice shall include a description of the proposed installation, including the proposed dimensions, design, color, type of facility, proposed location and identification of alternative locations that would meet project objectives. In lieu of providing all of this information as part of the notice, the applicant may produce a webpage containing this information and direct residents to its location.

2.    A rendering of the proposed facility shall be included in the notification.

3.    Network provider shall provide the City with a distribution list of property owners and a copy of the materials distributed.

E.    Consolidated Permit:

1.    Small wireless facility sites may be consolidated into one (1) permit application for processing. If the sites within the consolidated permit have differing review timelines, the longer timeline will apply to review of the consolidated grouping of sites. The process in IMC 18.04.160 (Consolidated permit review process) shall not apply to the consolidated permit review of small wireless facilities.

2.    A network provider may elect to apply for a land use permit and a building permit as a consolidated application. The network provider acknowledges the building permit submittal is an at-risk permit and is dependent upon receiving the land use permit. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.080 Fees.

A.    A permit fee shall be required to be paid in accordance with the City of Issaquah’s adopted fee schedule. The fee shall cover Development Services staff time for plan review, public communication, inspection, and administration. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.090 Siting criteria.

A.    Macro WCF Locations: Network provider shall consider the established preferences and shall comply with the “Encouraged” criteria, if possible. “Discouraged” locations may only be considered if the network provider demonstrates that an “Encouraged” location is not possible according to the following criteria:

1.    Locate with Existing WCF: Network provider must provide the designated official with documentation that establishes that it contacted the owner of each facility that currently houses a macro cell facility located within one thousand (1,000) feet of the proposed location and that owner has denied the network provider’s request to collocate. If the request was granted but the network provider believes it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons.

2.    Nonresidential Zones: Network provider must provide the designated official with documentation that establishes that it considered locations within those nonresidential zones located within one thousand (1,000) feet of the proposed location. This documentation must outline the reasons why such locations within nonresidential zones are infeasible.

3.    Building or Structure Mounted: Network provider must provide the designated official with documentation that establishes that it contacted the owner of each structure (nonresidential single family) located within one thousand (1,000) feet of the proposed location which is sufficient height to accommodate a macro cell facility and that structure owner denied the network provider’s request to place its facilities on that structure. If the request was granted but the network provider believes it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons.

4.    Located in Setbacks: New poles shall not be located in any zoning setback area on private and public property.

Table C: Macro Wireless Communication Facilities 

Encouraged

Discouraged

Prohibited

Located with existing WCF

Property allowing for multifamily residential use

Front Street ROW (new tower)

Nonresidential zones

Right-of-way

Property zoned SF-E, SF-S, SF-SL and SF-D, exclusive of public right-of-way

Building or structure mounted

Blocking natural vistas

 

 

New towers

 

B.    Small Wireless WCF Locations: Network provider shall consider the established preferences and shall comply with the “Encouraged” criteria, if possible. “Discouraged” locations may only be considered if the network provider demonstrates that an “Encouraged” location is not possible according to the following criteria:

1.    Locate with Existing WCF: Network provider must provide the designated official with documentation that establishes that it contacted the owner of each facility that currently houses a WCF located within one hundred fifty (150) feet of the proposed location and that owner has denied the network provider’s request to collocate. If the request was granted but the network provider believes it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons.

2.    Existing or Replacement Poles: Network provider must provide the designated official with documentation that establishes that it contacted the owner of each existing pole (non-City-owned) within one hundred fifty (150) feet of the proposed location and that pole owner denied the network provider’s request to place its facilities on that pole. If the request was granted by the pole owner but the network provider believes it cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons which must be technical in nature.

3.    Building or Structure Mounted: Network provider must provide the designated official with documentation that establishes that it contacted the owner of each building or structure (except buildings or structures listed as discouraged or prohibited) located within one hundred fifty (150) feet of the proposed location and that structure owner denied the network provider’s request to place its facilities on that structure. If the request was granted by the structure owner but the network provider believes it cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons which must be technical in nature.

4.    Nonresidential Zones: Network provider must provide the designated official with documentation that establishes that it considered all properties within nonresidential zones within one hundred fifty (150) feet of the proposed location. This documentation must outline the reasons why such nonresidential properties are infeasible.

5.    Property Outside of Public Right-of-Way: Network provider must provide the designated official with documentation establishing that it contacted the owner of each property located within one hundred fifty (150) feet of the proposed location where a new pole could be placed and such property owner denied the network provider’s request. If the request was granted by the property owner but the network provider believes it cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of those reasons which must be technical in nature.

6.    Located in Setbacks: New poles shall not be located in any setback area on private and public property.

 

Table D: Small Wireless Communication Facilities

Encouraged

Discouraged

Prohibited

Located with existing WCF

Property allowing for residential use

Front Street ROW (new pole mounted)

Existing or replacement poles

New poles

Nonmunicipal decorative poles

Building or structure mounted

 

Municipal poles

Nonresidential zones

 

Property used as single family residential (exclusive of public right-of-way)

Property outside of public right-of-way

 

 

C.    Deviations: The City’s designated official may approve the siting of a wireless communications facility in a prohibited location, only if all the following criteria are met:

1.    The applicant provides sufficient technical or other relevant information that demonstrates there are no “Encouraged” or “Discouraged” sites available; and

2.    The proposed siting will minimize visual and noise impacts to adjacent uses; and

3.    The applicant will provide the City with a hold harmless and indemnification, on a form acceptable to the City, for any damage, injury, or other claim resulting from the deviation. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.100 Design requirements.

A.    Antenna:

1.    Satellite Dish, Large:

a.    Shall not be located within front or side yard building setback areas. Shall be located outside of any required landscaped area and preferably located in service areas or other less visible locations.

b.    Mountings and satellite dishes shall be no taller than the minimum required for obtaining an obstruction-free reception window.

c.    Construction plans and final construction of the mounting bases of all large satellite dish antenna(s) shall be approved as part of the permit issuance.

2.    Amateur Radio Towers:

a.    Towers in all zones shall not be located within any easements, front, side, or rear yard building setback areas. Shall be located at a point farthest from lot lines as feasible, or the point farthest from residential structures on abutting properties.

b.    Ground mounted and roof mounted antennas are allowed in all zones. Ground mounted towers shall not exceed fifty (50) feet in height unless a proposal demonstrates that physical obstructions impair the adequate use of the tower.

c.    The combined structure of a roof mounted tower and antenna(s) shall not exceed a height of twenty-five (25) feet above the existing roofline.

d.    Mountings and amateur radio towers shall be no taller than the minimum required for the purposes of obtaining an obstruction-free reception window.

e.    Construction plans and final construction of the mounting bases of amateur radio towers covered by this section shall meet structural design requirements and shall be approved by the City’s Building Division.

f.    Applications shall document that the proposed tower and any mounting bases are designed to withstand wind and seismic loads as established by the International Building Code.

3.    Macro or Small Wireless Antenna:

a.    Where an antenna is to be mounted on a structure, the combined antenna(s) and all associated equipment and required screening shall not extend more than fifteen (15) feet above the existing or proposed top of roof line or top of structure.

b.    Antenna and related equipment shall be placed and treated to present the least possible visual impact to the public. Treatments might include: equipment enclosure; location of antenna and radio box on the pole; painting to match the pole; or any combination of these measures.

B.    Towers and Poles:

1.    Macro Towers:

a.    Be integrated through location and design to blend in with the existing characteristics of the site.

b.    Preserve existing on-site vegetation and minimize disturbance of the existing topography, unless such disturbance would result in less visual impact of the site to the surrounding area.

c.    Be designed and placed on the site in a manner that takes the maximum advantage of existing trees, mature vegetation, and structures as to use existing site features to screen as much of the total facility as possible, and/or use existing site features as a background so that the facility blends into the background with increased sight distances. Setbacks from property lines shall be maximized where practical.

d.    Towers shall be painted in a color that best allows them to blend into the surroundings. The use of grays, blues, greens and browns might be appropriate; however, each case will be evaluated individually and approved by the designated official.

e.    Shall not exceed eighty-five (85) feet in height.

f.    Designed to allow for collocation.

g.    Designed to allow conduit and cabling to be internal to the pole, as feasible.

h.    May be located on City-owned property with City review and lease.

2.    New Poles to Accommodate Small Wireless Antenna:

a.    Repealed by Ord. 2867.

b.    Poles shall be limited to thirty (30) feet in height, inclusive of antennas, or the minimum height necessary, not to exceed fifty (50) feet.

c.    No municipal poles shall be used.

d.    New poles shall be designed to be consistent with Figure 1, or as otherwise approved by the designated official.

Figure 1:

e.    New poles placed in right-of-way shall align with other poles, to the greatest extent feasible.

f.    New poles shall be colored or painted to match nearby street fixtures, or as otherwise directed by the designated official.

g.    New poles in the right-of-way shall only be permitted with a valid City franchise agreement.

3.    Replacement Poles:

a.    The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of fifteen (15) feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.

b.    Replacement wooden utility poles may either match the approximate color and materials of the replaced pole or shall be the standard new wooden utility pole used by the pole owner in the City.

c.    A pole extender may be used on nondecorative poles, but may not increase the height of the existing pole by more than fifteen (15) feet. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

d.    Neither through the installation of a replacement pole nor a pole extender shall the overall pole height be allowed to be increased to over fifty (50) feet, except the Director of the Development Services Department or his/her designee may approve an over-height pole of up to sixty (60) feet provided all of the following criteria are met:

(1)    The existing pole is greater than thirty-five (35) feet in height; and

(2)    The network provider can demonstrate for technical or safety reasons that the pole must be taller than fifty (50) feet; and

(3)    The network provider provides the shortest pole possible and provides the Director with technical documentation to support the proposed over-height pole height.

4.    Pole Mounted Equipment:

a.    Pole mounted equipment shall be located on the least-visible side of the pole and as high up on the pole as is feasible.

b.    City wayfinding signs may be required by the designated official to reduce the visual impact of pole mounted equipment boxes.

C.    Ground Equipment:

1.    It is the City’s preference to not have aboveground equipment in the right-of-way.

2.    Where located in the right-of-way and subject to permitting and franchise requirements, equipment shall only be installed where equipment will not interfere with existing or future City uses of the right-of-way; the rights of private property owners; other utility fixtures and services; water hydrants or mains; wastewater systems; traffic control devices; or any other service or facility (existing or planned) that benefits the City or the health, safety, or welfare of its residents. Further, ground equipment must comply with ADA and sidewalk clearance requirements.

3.    Where located in the right-of-way, if a property or business owner objects to a proposed installation adjacent to his or her property, the designated official may require the network provider to identify at least one (1) feasible alternate location, if possible, subject to compliance with these guidelines.

4.    Where located in the right-of-way and not able to be underground, ground equipment shall serve as a public amenity, where feasible. Network provider shall work with the designated official to conceal equipment. Benches, kiosks, wayfinding, planters, etc., could all be considered as public amenities.

5.    Equipment installations shall not be placed in front of the primary entrance to a residence or any business or at any other location where it would unduly interfere with the operation of a business, including blocking views of the entrance, signage or display windows.

6.    Screening (Outside of Right-of-Way):

a.    Where feasible, ground equipment shall be placed in an underground vault; or shall be incorporated into the base of the antenna structure.

b.    Aboveground equipment cabinets not undergrounded or incorporated into a pole base shall be screened with landscaping, street furniture and/or artistically vinyl wrapped, as determined by the designated official.

c.    Fencing, if desired, shall be no taller than six (6) feet, decorative and complementary in design to the antenna structure. Chain-link fencing and barbed wire shall not be allowed.

d.    Anti-graffiti finishes shall be applied to all solid fences, walls and gates.

7.    Proposed equipment shall not be located to reduce the amount of on-street parking or interfere with access to meters, fire hydrants, or other objects of street hardware in the right-of-way.

8.    The size of aboveground equipment enclosures shall be minimized.

D.    Lighting: No lighting shall be allowed with the permitting of WCF unless otherwise approved as a new light standard; or as may be required by the Federal Aviation Administration (FAA).

E.    Advertising: No provider advertising shall be placed on any poles, antenna or aboveground equipment. Small identification tags or numbering is allowed. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.110 Eligible facilities requests.

A.    Definitions: The following definitions shall apply to eligible facilities requests only as described in this section and shall not apply throughout this chapter:

1.    Base station is a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation:

a.    Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b.    Radio transceivers, antennas, coaxial or fiber-optic cable, regular and back-up power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).

c.    Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (A)(1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

    The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subsections (A)(1)(a) and (b) of this section.

2.    Collocation: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

3.    Eligible facilities request: Any request for modification of an existing tower or base station that does not substantially increase the physical dimensions of such tower or base station, involving:

a.    Collocation of new transmission equipment;

b.    Removal of transmission equipment; or

c.    Replacement of transmission equipment.

4.    Eligible support structure: Any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the City.

5.    Existing: A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

6.    Substantial change: A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a.    For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna, not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater.

(1)    Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

b.    For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than ten (10) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

c.    For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public streets and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

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

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

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

B.    Application: The designated official shall prepare and make publicly available an application form used to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

C.    Qualification as an eligible facilities request: Upon receipt of an application for an eligible facilities request, the designated official shall review such application to determine whether the application qualifies as an eligible facilities request.

D.    Time frame for review: Within sixty (60) days of the date on which a network provider submits an eligible facilities request application, the designated official shall approve the application unless it determines that the application is not covered by this section.

E.    Tolling of the time frame for review: The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the designated official and the applicant or in cases where the designated official determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.

1.    To toll the time frame for incompleteness, the designated official shall provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.

2.    The time frame for review begins running again when the applicant makes a supplemental submission in response to the designated official’s notice of incompleteness.

3.    Following a supplemental submission, the designated official will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

F.    Determination that application is not an eligible facilities request: If the designated official determines that the applicant’s request does not qualify as an eligible facilities request, the designated official shall deny the application.

G.    Failure to Act: In the event the designated official fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the designated official in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.120 Installation and inspection.

A.    All installation shall be in compliance with the issued permit.

B.    Following construction, the City shall inspect the WCF installation. Any construction performed out of compliance with the approved permit shall be promptly corrected by the applicant following receipt of notification by the City. Failure to bring the construction into compliance with the permit may result in forfeiture of any franchise guarantees for work within the right-of-way; forfeiture of any deposits for facilities located on City properties; and code enforcement penalties and fines, as applicable and as authorized by the IMC, as determined by the designated official. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.130 Interference.

A.    The City shall not be liable to network provider for impacts to network service caused by the issuance of WCF permits to other network providers.

B.    In the event that permitted WCF causes interference to City communications, the City shall notify the network provider in writing. Network provider shall respond to the City’s request to address the source of the interference as soon as practicable, but in no event later than twenty-four (24) hours of receiving written notice. The protocol for responding to events of interference will require the network provider to provide the City with an interference remediation report including:

1.    Remediation plan; and

2.    Time frame for execution; and

3.    Additional information.

In the event that interference with City facilities cannot be eliminated or remediated to the satisfaction of the designated official, the network provider shall shut down and remove all facilities determined to cause interference, at network provider’s sole expense. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.140 Obsolescence and removal.

A.    A wireless communication facility shall be removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. Whenever a wireless communications facility ceases operation or falls into disrepair as provided in this section and as determined by either the designated official or the network provider, the entire wireless communications facility shall be removed, including but not limited to all antennas, antenna supports, feeder lines, equipment enclosures, equipment, conduit, and the concrete pad upon which the structure is located. The facility owner may apply for an extension of time within those six (6) months if resuming operation of the facility is expected. The designated official, at his sole discretion, may extend the time for a period not to exceed six (6) months upon written request by the owner.

B.    If the network provider requires the removal or relocation of a WCF or related ground equipment at its own discretion, it shall, within fourteen (14) days prior to any work, notify the designated official in writing. A relocation will fall under the requirements of IMC 18.22.070.

C.    Should the designated official determine a permitted WCF or related equipment has become a danger to the public health, safety, welfare, or City property, the network provider shall within twenty-four (24) hours remove or secure their facilities to the satisfaction of the designated official at their sole expense.

D.    Should a WCF or its related equipment get vandalized by graffiti, the network provider shall, within fourteen (14) calendar days, either remove the graffiti or repaint the structure. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.150 Appeals.

Refer to IMC 18.04.250 regarding appeals. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).

18.22.160 Conflict.

To the extent that any provision or provisions of this chapter are inconsistent or in conflict with any other provision of the IMC, Comprehensive Plan or any ordinance or regulation of the City, the provisions of this chapter shall be deemed to control as they relate to the siting of WCF. However, if there is a specific conflict for WCF in the right-of-way, the franchise agreement shall govern. (Ord. 2867 § 2 (Exh. A), 2019; Ord. 2833 § 3, 2018).