Chapter 18.70
WIRELESS COMMUNICATIONS FACILITIES SITING
Sections:
18.70.020 Adoption of findings and conclusions.
18.70.050 Applicability – Relationship to other rules and regulations.
18.70.060 Permit classification.
18.70.080 Application requirements.
18.70.100 Requirements for all WCFs.
18.70.120 Prioritized locations.
18.70.130 Development standards.
18.70.170 Grant or denial of application.
18.70.010 Title.
This chapter of the North Bend Municipal Code (“NBMC”) shall be known and referred to as the “Wireless Communications Facilities Siting Code” or “WCF Siting Code.” Unless the context indicates otherwise, a reference herein to “this code” or “this chapter” shall mean and refer to the wireless communications facilities siting code. (Ord. 1641 § 1 (part), 2017).
18.70.020 Adoption of findings and conclusions.
The recitals set forth in the ordinance adopting this code are adopted as findings and conclusions of the city council. (Ord. 1641 § 1 (part), 2017).
18.70.030 Purpose and intent.
This chapter addresses the issues of location and appearance associated with wireless communication facilities (“WCFs”). It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The chapter encourages siting of facilities on existing buildings or structures, collocation of several facilities on a single support structure, and visual mitigation measures to maintain neighborhood appearance and reduce visual clutter in the city. (Ord. 1641 § 1 (part), 2017).
18.70.040 Definitions.
A. “Antenna(s)” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but not limited to:
1. Omni-directional (or “whip”) antenna(s), which transmits and receives radio frequency signals in a 360-degree radial pattern;
2. Directional (or “panel”) antenna(s), which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees;
3. Parabolic antenna(s) (or “dish”) antenna(s), which is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern; and
4. Ancillary antenna(s), which is an antenna less than 12 inches in its largest dimension and is not directly used to provide personal wireless communications services, such as a global positioning satellite (GPS) antenna.
B. “Collocation” means placing and arranging multiple antennas and equipment on a single support structure or equipment pad area.
C. “Electromagnetic field (EMF)” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
D. “Equipment facility” means any structure used to house electronic equipment, cooling systems and back-up power systems associated with a WCF, including shelters, enclosures, cabinets, and other similar structures.
E. “Microcell” means a wireless communication facility consisting of an antenna that is either: (1) not more than four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in length.
F. “Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is a microcell with associated equipment facilities six feet or less in height and no more than 48 square feet in floor area.
G. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
H. “Small cell facility” means a personal wireless services facility that meets both of the following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and
2. Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
I. “Small cell network” means a collection of interrelated small cell facilities designed to deliver personal wireless services.
J. “Support structure” means any structure, designed and constructed specifically to support an antenna array, including a monopole, self-supporting (lattice) tower, guy-wire support tower, and any other similar structures. Any device (attachment device) used to attach a WCF to an existing structure or building (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.
K. “Wireless communication facility (WCF)” means a facility for the transmission and/or reception of radio frequency signals, including antennas, equipment shelter or cabinet, transmission cables, a support structure required to achieve the necessary elevation, and reception and transmission devices and antennas. WCFs include but are not limited to: microcells, macrocells, minor facilities, and small cells.
L. “Wireless communication services” or “wireless services” means wireless data and telecommunications services, including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. (Ord. 1641 § 1 (part), 2017).
18.70.050 Applicability – Relationship to other rules and regulations.
A. This chapter governs all siting of WCFs that do not qualify as an eligible facilities modification, as addressed under Chapter 18.80 NBMC. If a conflict arises between this chapter and any chapter regarding wireless communications facilities (except for eligible facilities requests, as addressed under Chapter 18.80 NBMC), this chapter shall govern.
B. SEPA Review. Pursuant to RCW 43.21C.030(2)(c) and 43.21C.0384, and WAC 197-11-800(25), the siting of wireless service facilities is exempt if the facilities meet the following requirements:
1. The collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures does not substantially change the physical dimensions of such structures; or
2. The siting project involves constructing a wireless service tower less than 60 feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone. This exemption does not apply to projects within a designated critical area.
The exemption authorized under this subsection B may only be applied to a project consisting of a series of actions when all actions in the series are categorically exempt and the actions together do not have a probable significant adverse environmental impact.
C. Reservation of Authority. Nothing herein is intended or shall operate to waive or limit the city’s right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety. (Ord. 1641 § 1 (part), 2017).
18.70.060 Permit classification.
A WCF permit shall be classified as a Type I permit pursuant to NBMC 20.01.004. (Ord. 1641 § 1 (part), 2017).
18.70.070 Permit required.
A. A WCF permit shall be required for the location, installation, or construction of any WCF or modification to an existing WCF.
B. Construction or installation of the WCF must commence within one year from the date of the permit, with opportunity for a one-year extension; otherwise, the permit shall be revoked without further action of the city and the rights and privileges appurtenant to the permit shall be void. (Ord. 1641 § 1 (part), 2017).
18.70.080 Application requirements.
A. All applications for a WCF shall include:
1. A report by the applicant that includes a description of the proposed WCF(s), including height above grade, materials, color, and lighting;
2. A diagram or map showing the primary viewshed of the proposed facility;
3. A map showing the coverage area of the proposed WCF at the requested height;
4. An explanation of the need for the proposed WCF, including an analysis of alternative sites which supports the selected site as described under NBMC 18.70.120 over other possible locations, particularly locations in a higher priority zone;
5. An inventory of other WCF sites that are either in the city or within one mile of its borders, including specific information about location, height, and design of each facility;
6. A site/landscaping plan showing the specific placement of the WCF on the site; showing the location of existing structures, trees and other significant site features; and indicating type and locations of plant materials used to screen WCF components;
7. A current approved lease or other evidence of permission to use the site property from the site owner;
8. An approved right-of-way placement permit under Chapter 12.24 NBMC if the WCF is to be located within a public right-of-way;
9. A SEPA checklist, if applicable, and necessary information for review of environmental impacts, in accordance with NBMC Title 14, Environmental Protection;
10. Documentation verifying that the proposed WCF complies with any applicable regulations and specifications in accordance with the Federal Aviation Administration (FAA);
11. Applications for facilities other than microcells or minor facilities shall also contain:
a. Photo simulations of the proposed facility from affected properties and from adjacent public rights-of-way; and
b. Documentation of efforts to collocate on existing facilities;
12. A written stamped statement by a state of Washington registered professional engineer that the support structure shall comply with EIA/TIA-222-Revision G, published by the American National Standards Institute (as amended), allowable wind speed for the applicable zone in which the facility is located, and describing the general structural capacity of any proposed WCF(s), including:
a. The number and type of antennas that can be accommodated;
b. The basis for the calculation of capacity; and
c. A written statement that the proposal complies with all federal guidelines regarding interference and ANSI standards as adopted by the Federal Communications Commission, including but not limited to nonionizing electromagnetic radiation (NIER) standards;
13. Other information as deemed necessary by the city community and economic development department; and
14. A processing fee as provided in Chapter 15.31 NBMC.
B. The director of the community and economic development department may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that, in the specific case involved, said information is not necessary to process or make a decision on the application being submitted.
C. Applications found to contain material errors shall not be deemed complete until such errors are corrected. (Ord. 1641 § 1 (part), 2017).
18.70.090 Processing/permitting multiple siting of microcells, minor facilities, or a small cell network.
A. It is the intent of the city to reduce permitting requirements for the siting of multiple microcells, minor facilities, or a small cell network.
B. For the purposes of this section only, “minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either:
1. Not more than four feet in height and with an area of not more than 580 square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.
C. If an applicant applies to site several microcells, minor facilities, or a small cell network, the applicant may file a consolidated application and receive a single permit for the above-mentioned facilities instead of filing separate siting applications for each individual facility. (Ord. 1641 § 1 (part), 2017).
18.70.100 Requirements for all WCFs.
All persons or entities owning, operating, or leasing WCFs within the city shall comply with the following standards:
A. All persons or entities owning, operating, or leasing WCFs shall allow collocation of proposed WCFs on the WCF site, unless it is established to the city’s satisfaction that collocation will impair technically the existing permitted use(s) to a substantial degree.
B. All WCFs shall be maintained in a state of good repair and including maintenance and replacement, if necessary, of vegetation and landscaping required as a condition of approving the permit.
C. Permittee, its transfers, successors, and assigns shall notify the city of any sale, transfer, assignment of a WCF site or WCF within 60 days of such event.
D. All WCFs and persons or entities owning, operating, or leasing WCFs shall comply with the provisions of this title and all other applicable city ordinances and rules and regulations. (Ord. 1641 § 1 (part), 2017).
18.70.110 Permit enforcement.
Should any violation(s) of this chapter occur, the city may pursue any and all available legal remedies, including, but not limited to, enforcement pursuant to Chapter 1.20 NBMC. (Ord. 1641 § 1 (part), 2017).
18.70.120 Prioritized locations.
A. The following sites are prioritized in order of preference for locating proposed WCFs and permits shall be issued so that WCFs will be located on the highest priority site feasible:
1. Collocation;
2. Public buildings and structures located in nonresidential zones, or public right-of-way adjacent to nonresidential zones;
3. Buildings and structures in employment and/or commercial zones;
B. WCFs are prohibited at all parks except facilities on existing athletic field lights or where an athletic field light is proposed;
C. WCFs are prohibited in all residential zones, unless an applicant can demonstrate that the proposal is necessary to close a significant gap in coverage;
D. Monopoles are prohibited within public rights-of-way;
E. WCFs are prohibited on sites or structures which are on federal, state, or county recognized historic registers, state and local wildlife refuges, and permanently protected archaeological sites;
F. Unless an applicant can demonstrate that the proposal is necessary to close a significant gap in coverage, in order to protect existing views, no monopoles, rooftop antennas, or utility pole mounted facilities shall be located on the north side of North Bend Way between SE 140th and Bendigo Boulevard S from North Bend Way to the Snoqualmie Valley Trail; and
G. Unless an applicant can demonstrate that the proposal is necessary to close a significant gap in coverage, in order to protect views, no monopoles, rooftop antennas, or utility pole mounted facilities shall be located in the right-of-way or within 40 feet of the right-of-way, measured from the property line, in the following areas:
1. Exit 31: Bendigo Boulevard South from Ribary Way to Second Street;
2. Exit 32: 436th Avenue SE from I-90 to North Bend Way;
3. Mt. Si Road from North Bend Way to the north ending at city limits;
4. Exit 34: 468th Avenue SE from I-90 to SE 140th;
5. The south side of SE 140th; or
6. Middle Fork Road from SE 140th heading east to the city limits. (Ord. 1641 § 1 (part), 2017).
18.70.130 Development standards.
All WCFs shall be constructed or installed according to the following development standards:
A. Applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), state and city regulations and standards.
B. Monopoles shall be the only freestanding support structures allowed in the city.
C. Attachment to trees is prohibited. It is prohibited to attach any wireless communication facility or portion thereof to any tree.
D. Locating WCFs on Site.
1. Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so that they blend into the existing environment. Panel and parabolic antennas shall be screened from residential views and public rights-of-way. Antennas must be flush-mounted when feasible.
2. A freestanding WCF shall not be allowed whenever an existing structure can meet technical and network location requirements.
3. A freestanding WCF shall comply with all required setbacks of the zoning district in which it is located with a minimum of 10 feet on all sides from the property line.
4. WCFs shall be placed to the side or rear of the lot.
5. A WCF shall be designed and placed or installed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by:
a. Using existing site features to screen the WCF from prevalent views; and
b. Using existing site features as a background in a way that the WCF blends into the background.
c. It shall be the responsibility of the initial permittee, its successors, transfers, or assigns to ensure the screening remains intact or is replaced by an equal or greater feature should something happen to the existing feature (for example, if vegetation dies due to natural causes, the vegetation shall be replaced with equal or greater landscape screening).
6. The city shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.
7. A WCF shall not be used for mounting signs, billboards, or message displays of any kind.
E. Design Standards.
1. All WCF Facilities.
a. Shall be painted in a color that best allows them to blend into the surroundings. Use of natural earth tones shall be required unless otherwise approved by the CED director to allow them to blend into the surroundings.
b. WCFs shall be screened or camouflaged employing the best available technology, such as compatible materials, location, color, and hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties.
c. Where feasible, cable and/or conduit shall be routed through the inside of any new tower, utility pole, or other support structure. Where this is not feasible, or where such routing would result in a structure of a substantially different design or substantially greater diameter than that of other similar structures in the vicinity or would otherwise appear out of context with its surroundings, the city may allow or require that the cable or conduit be placed on the outside of the structure. The outside cable or conduit shall be the color of the tower, utility pole, or other support structure, and the city may require that the cable be placed in conduit.
d. Shall not exceed 15 feet above the top of the support structure, unless otherwise specified below. The support structure shall not exceed the maximum height limit in the applicable zone.
2. Antennas on a Utility Pole.
a. In any zone, antennas mounted to an existing or replacement utility pole shall not exceed 15 feet above the top of a pole.
3. Antennas on a Building, Mechanical Equipment Enclosure, Water Reservoir, or Other Structure.
a. Roof-mounted antennas must be set back from the edge of the roof a distance equal to 100 percent of antenna height.
b. Antennas, mounting hardware and antenna cables on existing structures (i.e., buildings, roofs) shall be camouflaged to match the existing building or structure. Rooftop equipment shall be screened in a manner and material that is architecturally compatible with the building. Examples of appropriate screening include, but are not limited to, lattice, parapet walls, or rooftop plantings.
c. Antennas mounted on building facades shall employ one or more of the following criteria:
i. Use color and materials to provide architectural compatibility with the building;
ii. Be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible; and
iii. Not project above the wall on which it is mounted.
4. Monopoles.
a. New monopoles shall be no taller than necessary. If it is necessary for the monopole to exceed the maximum allowable height in the zone, applicant shall demonstrate why the proposed height is necessary. In no case shall the monopole exceed 110 feet in height, unless additional height is demonstrated to be technically necessary to close a significant gap in coverage as certified by the applicant’s licensed engineer.
b. While collocation is preferred, if it is demonstrated infeasible and a new monopole is necessary, it shall not be located within a mile radius of an existing monopole.
c. Monopoles shall be set back from the property line equal to the height of the pole.
5. Athletic Field Lights (AFL).
a. Mount antennas as close as possible to the pole, below the light source, and within a radome no more than 36 inches in diameter. Antennas shall not exceed above the lights.
b. For existing AFL with exposed antennas, all cables shall be routed directly into port holes with no more than 12 inches of exposed conduit (may be further evaluated on a case-by-case basis).
c. All cables and conduit to and from the light standards are expected to be routed from underneath the caisson up into the pole.
6. Right-of-Way Installations (Including but Not Limited to: Street Light; Traffic Light; Utility Pole; or Street Sign).
a. Due to the potential visual impacts associated with right-of-way installations, consider using distributed antenna systems (DAS) or small cells. These installations consist of a 24-inch or smaller antenna and one equipment cabinet mounted directly to a street light, traffic light or utility pole.
b. Equipment cabinets shall be mounted directly behind any road signs located on a pole, or underground. If this is not feasible, above-ground cabinets must be designed and located in an area with minimal visual impact.
c. All cables shall be concealed within a sleeve between the bottom of the antenna and the mounting bracket. No exposed cables shall be permitted.
d. Exterior panel antennas shall not exceed the height of the pole.
e. Utilize brackets that allow antennas to be mounted no more than four inches from the pole.
f. No facility shall extend above the street light more than four feet.
F. Equipment facilities shall:
1. Be placed underground if practicable; or
2. If above ground, equipment facilities shall be screened from any street and adjacent property with fencing, walls, structures, topography, or a combination thereof and landscaped in accordance with Chapter 18.18 NBMC, Landscaping Regulations, and Chapter 18.34 NBMC, Design Standards; and
3. They shall not be located within required building setback areas.
G. Security fencing shall:
1. Not exceed six feet in height; and
2. Be designed to be aesthetically pleasing and use natural materials such as wood, stone, etc. for security whenever possible; and
3. Be camouflaged with appropriate techniques including landscaping; and
4. If chain-link fence is approved, be painted or powder coated with a nonreflective color.
H. Landscaping Requirements.
1. WCFs that are less than 36 inches in height shall have five-foot Type 1 landscaping buffer pursuant to NBMC 18.18.080.
2. WCFs that equal or exceed 36 inches in height shall have 10-foot Type 1 landscaping plans pursuant to NBMC 18.18.080.
3. Monopoles that are located within 30 feet of any right-of-way or public space shall have a 20-foot Type 1 landscaping buffer pursuant to NBMC 18.18.080.
4. All plantings shall be planted in a natural pattern with trees spaced no less than 15 feet on center.
5. As a condition of permit approval, the city may require the applicant to supplement existing trees and mature vegetation to screen the facility. (Ord. 1641 § 1 (part), 2017).
18.70.140 Acknowledgment of Federal Communications Commission regulation of electromagnetic radio frequency (RF) emissions.
The city recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission sole jurisdiction in the field of regulation of electromagnetic radio frequency emissions and WCFs that meet Federal Communications Commission standards shall not be conditioned or denied on the basis of RF impacts. In order to provide information to its citizens, the city shall maintain file copies of ongoing Federal Communications Commission information concerning WCFs and RF standards. Applicants for WCFs shall be required to provide the city information on the projected power density of the facility and compliance with the Federal Communications Commission requirements. (Ord. 1641 § 1 (part), 2017).
18.70.150 Facility removal.
A WCF shall be removed:
A. Within 90 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked; or if the facility falls into disrepair and is not maintained, within 90 days of a notice from the city to effect repairs and maintenance to the satisfaction of the city. The owner, operator, or service provider of a WCF shall notify the city upon the discontinued use of a particular facility; however,
B. Should the WCF owner, service provider, or operator fail to remove the WCF as required herein, and the WCF owner, service provider, or operator fails to remove the WCF within 90 days of the date the city notifies the WCF owner, service provider, or operator to remove the WCF, then the WCF shall be considered a nuisance and subject to Chapter 8.08 NBMC or any other applicable legal proceeding. (Ord. 1641 § 1 (part), 2017).
18.70.160 Interference.
Whenever the city encounters radio frequency interference with its public safety communications equipment and it believes that such interference has been or is being caused by one or more WCFs, the following steps should be taken:
A. Upon notification by the city to WCF owners, operators, and/or service providers potentially interfering with public safety communications equipment, the owners, operators, and/or service providers shall cooperate and coordinate with the city and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety “Best Practices Guide,” released by the Federal Communications Commission in February 2001, including the “Good Engineering Practices,” as may be amended or revised by the Federal Communications Commission from time to time.
B. If any WCF owner, operator, or service provider fails to cooperate with the city in complying with the owner’s obligations under this section or if the FCC makes a determination of radio frequency interference with the city public safety communications equipment, the owner, operator, or service provider who fails to cooperate and/or the owner, operator, or service provider of the WCF which caused the interference shall be responsible, upon Federal Communications Commission determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the “Best Practices Guide” within 24 hours of the city’s notification. (Ord. 1641 § 1 (part), 2017).
18.70.170 Grant or denial of application.
A. Timeline for Grant or Denial of Application. The city shall endeavor to process all applications for WCFs within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed-upon extensions of time, except for WCF applications to place a new antenna on an existing tower, in which case the city shall endeavor to process the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed-upon extensions of time.
B. Denial of Application to Be in Writing. Any denial of an application under this chapter must be made in writing and be supported by substantial evidence contained in a written record. (Ord. 1641 § 1 (part), 2017).