Chapter 17.78
PERSONAL WIRELESS SERVICE FACILITIES

Sections:

17.78.010    Purpose, policy, goals and interpretation.

17.78.020    Scope and applicability – Exemptions.

17.78.030    Definitions.

17.78.040    Application submittal and content.

17.78.050    Compliance with other regulations – Response capability.

17.78.060    Prohibited facilities and locations.

17.78.070    Overview of location preferences – Co-location.

17.78.080    Preferred locations table.

17.78.090    Secondary locations table.

17.78.100    Review process – Preferred locations – Secondary locations – Low powered facilities – Variances.

17.78.110    Design criteria and standards for monopoles and macro-facilities, mini-facilities and micro-facilities.

17.78.120    Wireless permit – Approval criteria.

17.78.130    Additional conditions – RF monitoring, noise monitoring, security and maintenance, covenant of good faith among carriers.

17.78.140    Time limitation – Expiration of permits – Amendment – Assignment/sublease.

17.78.150    Grandfathering of existing facilities.

17.78.160    Recovery of city costs.

17.78.170    Abandonment of facilities.

17.78.180    Enforcement and penalties.

17.78.010 Purpose, policy, goals and interpretation.

A. Purpose. This chapter is designed to provide opportunities for the community to be served by personal wireless service facilities, consistent with the rights of personal wireless service providers as set forth in the Federal Telecommunications Act of 1996 (110 Stat. 56; S. Rep. No. 104-23 (1995); H. Rep. No. 104-204 (1995), codified at 47 U.S.C. 332(c)), hereinafter referred to as the “Telecommunications Act” or “the Act,” while at the same time providing for an orderly development of the city and protecting the health, safety, and general welfare of the city’s residents and property owners.

B. Policy – Preservation of the Character of City. In addition to serving the general purposes of the Port Townsend Comprehensive Plan and zoning code, a primary objective of this chapter is to preserve the existing visual and aesthetic character of the city and its neighborhoods, as well as to minimize noise impacts generated by personal wireless service facilities. Preserving the visual and aesthetic character of the city includes the protection of viewscapes, scenic resources, state and locally registered historic buildings and structures, and the unique rural and natural characteristics of many areas of the city. The visual and aesthetic character of the city is particularly critical in Port Townsend since the city derives much of its economic health due to its distinctive beauty and status as a historic Victorian seaport, federally recognized in the National Register of Historic Places. Preserving the character of the city also includes limiting the intrusion of noise, visual and aesthetic impacts associated with commercial uses into residential neighborhoods.

C. Intent and Interpretation. These standards are designed to comply with the Telecommunications Act. The provisions of this chapter shall not be interpreted to prohibit, or to have the effect of prohibiting, telecommunications or personal wireless services, television broadcast signals, multichannel multi-point distribution services or direct broadcast satellite services, or to unreasonably discriminate among providers of functionally equivalent services.

D. Inconsistencies with Other City Regulations. To the extent that any provision of this chapter directly conflicts with any other city ordinance, this chapter shall control. In all other regards, this chapter shall be construed consistently with all other city ordinances, regulations and functional plans.

E. Goals. The goals of this chapter shall be to:

1. Establish development regulations consistent with and implementing the Port Townsend Comprehensive Plan, as adopted in July of 1996 or later amended;

2. Provide locations for locating personal wireless service facilities;

3. Encourage the location of personal wireless service facilities at the preferred locations identified in this chapter;

4. Facilitate the provision of personal wireless service facilities and infrastructure to serve city residents or others when in the city;

5. Encourage the use of appropriate and new technology so as to minimize adverse environmental, noise, and visual impacts;

6. Encourage the location of personal wireless service facilities upon existing structures in identified commercial, industrial, marine and public/infrastructure zoning districts in such a manner that, whenever feasible, the personal wireless service facilities are integrated, or appear to be integrated into the structure;

7. Establish standards for personal wireless service facilities to mitigate the visual and noise impacts associated with those facilities;

8. Preserve the unique residential character of the city, by disallowing the placement of personal wireless service facilities in residential zones, except for certain defined low power licensed and unlicensed facilities which would have no appreciable impact on residential neighborhoods;

9. Preserve the aesthetic character of the city by encouraging creative and cooperative approaches to locating wireless communication facilities so that such facilities will be compatible with their surroundings;

10. Where technologically feasible, encourage and facilitate co-location of antennas, support structures and related equipment for wireless communication providers, public service telecommunications, and emergency service telecommunications;

11. Require prompt removal of abandoned facilities;

12. Encourage the development of personal wireless service facilities on a competitively neutral basis; and

13. Require measurement of baseline noise and RF emissions at personal wireless service facilities, and monitoring of new installations to demonstrate compliance with this chapter and FCC standards. (Ord. 2700 § 29, 1999; Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997).

17.78.020 Scope and applicability – Exemptions.

A. Scope. This chapter applies to the location, placement, construction and modification of licensed or unlicensed personal wireless service facilities as defined in this chapter. In addition to any other required permits, all proposals to locate, place, construct or modify a personal wireless facility shall require a wireless permit as further set forth in this chapter; provided, however, that this chapter does not apply to personal wireless facilities located completely and entirely inside a building, as that term is defined in this chapter.

B. Exemptions. The following personal wireless service facilities are exempt from the provisions of this chapter:

1. Federal, state or local personal wireless facilities used for temporary emergency communications in the event of a disaster, emergency preparedness and public health or safety purposes;

2. Two-way communication transmitters used by fire, police, and emergency aid or ambulance services;

3. Citizen band radio transmitters and antennas or antennas operated by federally licensed amateur (“ham”) radio operators;

4. Unlicensed, low powered, wireless communication antennas designed for mounting onto a structure, other than a street pole, the size of which does not exceed that as defined in PTMC 17.08.040. In addition, this exemption does not apply to those unlicensed facilities that would be located on buildings, structures, or street poles subject to the jurisdiction of the city’s historic preservation committee (HPC). In such cases, the proposed unlicensed facility placement must receive a certificate of design review from the HPC prior to its installation;

5. Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a change in visual impact or an increase in radio frequency emissions levels;

6. Military and civilian radars and marine vessel traffic communication facilities, operating within FCC regulated frequency ranges, for the purpose of defense, marine or aircraft safety;

7. Temporary personal wireless service facilities; provided, that the city is notified in advance of the need for such facilities and the duration of their use; and

8. Existing facilities, subject to the requirements of PTMC 17.78.150. (Ord. 2779 § 2, 2001; Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997).

17.78.030 Definitions.

The words used in this chapter shall have the meaning given in Chapter 17.08 PTMC, as now or later amended. The definition of any word or phrase not listed in Chapter 17.08 PTMC which is in question when administering this chapter shall be defined from one of the following sources. The sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:

A. The 1996 Telecommunications Act and the implementing FCC regulations;

B. Any city of Port Townsend resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master plan or program or other formally adopted land use plan;

C. Any statute or regulation of the state of Washington;

D. Legal definitions from Washington common law or a law dictionary;

E. The common dictionary. (Ord. 2700 § 30, 1999; Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997).

17.78.040 Application submittal and content.

A. Submittal Requirements. In order to be considered a complete application, all applications for a wireless permit shall be subject to the general application requirements of PTMC 20.01.100, plus the following additional requirements:

1. Name, address and telephone number of the applicant and all co-applicants as well as any agents for the applicant or co-applicants.

a. The personal wireless service carrier must be the applicant or co-applicant. For all licensed personal wireless services facilities, such applicant must demonstrate that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the antenna or support structure.

b. Co-applicants must include the record landowner of the subject property, or lease, easement or property licence holders, and any utility providers owning street poles upon which facilities are proposed to be located.

c. The application must contain an original signed and dated signature of the applicant and/or co-applicant, or their authorized agent(s).

d. In addition, the application must contain the name and telephone number of a person to contact in the event of an emergency related to a permitted facility, capable of responding immediately, and a local contact person or phone number for the city or citizens to contact in the event technological problems (e.g., interference because of multiple signals, etc.)

2. Proof of ownership of the proposed site or authorization to use it and copies of any easements necessary for use of rights-of way or private land. If the property is to be leased, a written statement that the lease or other property conveyance between the applicant and the co-applicant landowner contains the following provisions:

a. The landowner can enter into leases or other property conveyances with other carriers for co-location.

b. The landowner is responsible for the removal of the personal wireless facility in the event the licensed carrier fails to remove it upon abandonment, as further set forth in PTMC 17.78.170. The property owner shall execute a restrictive covenant, acknowledging this responsibility. The restrictive covenant shall be recorded with the Jefferson County auditor’s office.

3. Written, irrevocable commitment valid for the duration of the existence of the facility, to rent or lease available space for co-location on the facility, without discrimination to other personal wireless facility providers, consistent with the provisions of this chapter. Such a commitment may require horizontal and vertical separation among users and the use of filters or other equipment in order to ensure that transmissions are not impaired or diminished by co-location. The DSD director may require the wireless provider to submit an engineering report to justify such measures are necessary to prevent substantial technical impairment of the ability to provide service.

4. Tax parcel number of the property and a complete legal description.

5. A recorded professional survey of the subject parcel, using established city datum lines.

6. A city-wide map showing the location of the proposed facility and the location of any existing and known or planned future facilities of the licensed carrier within the city. The map should also include the location of all antenna-support structures identified by latitude and longitude, and be provided in a computer data format that is compatible with the city’s GIS system.

7. A map depicting the area immediately around the proposed site, showing the comprehensive plan land use designation, the zoning designation, and the property lines of the subject property and of all adjacent properties within 1,000 feet of macro-facilities and 300 feet of mini-facilities and micro-facilities as depicted on the Jefferson County assessor’s maps.

8. A list of tax parcels and their owners for all properties to which public notice is required to be sent pursuant to this chapter.

9. Scale drawings, depicting the proposed and existing improvements on the property. The site plan drawings should include a plan view and elevations, and contain the following information, as applicable: dimensions and shape of lot and dimensions and location of existing and proposed buildings and structures, including setbacks, and a notation of their purpose (e.g., residential buildings, garages, accessory structures, etc.); adjacent street names and all proposed points of access and parking layout; preliminary grading plan depicting proposed and existing grades at five-foot contours; storm drainage and sidewalks; and, elevation drawings for all proposed improvements on the site.

10. A written description of the proposed facility and the building or structure upon which it is proposed to be located, including the technical reasons for the design and configuration of the facility, as well as design information and dimensional information (e.g., equipment brochures, color and material boards, etc.).

11. Identification of environmentally sensitive areas (as defined in Chapter 19.05 PTMC), utility lines, easements, deed restrictions, and any other built or natural features restricting use of the property. If requested, identification of the surrounding topography, tree coverage and foliage.

12. Information necessary to determine the intended service area of the facility which may include a map of the intended service area.

13. A report, certified by an acoustical engineer competent to perform noise tests and interpret the data gathered, setting forth the observed noise levels at the property line of the property upon which the proposed facility is to be located, taking into account both background noise and other incidental noise sources. The report must further analyze and document the noise that will be emitted by the facility, including any air conditioning or ventilation equipment contained therein, as set forth in the specifications or other information for such equipment. Based on this information, the report must certify that the proposed facility will not exceed the maximum permissible environmental noise levels set forth in Chapter 173-60 WAC, as it currently exists or is later amended.

14. All necessary information for review of environmental impacts, potential shoreline development permitting issues and an environmentally sensitive area determination, as further set forth in PTMC 20.01.100 and Chapters 19.04 and 19.05 PTMC, and the Port Townsend shoreline master program.

15. In addition, the National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities, and is administered by the FCC via procedures adopted at 47 C.F.R., Part 1, Sections 1301 et seq. The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for facilities to be located within any of the following: officially designated wilderness areas or wildlife preserves; situations which may affect listed threatened or endangered species or critical habitats; situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places; Indian religious sites; 100-year floodplains (as determined by FEMA); situations which may cause significant change in surface features, such as wetland fills, deforestation or water diversion; proposed use of high intensity white lights in residential neighborhoods; and radio-frequency radiation exposure in excess of FCC adopted guidelines. If at the time of application, any of these conditions are affected, the draft EA shall be submitted to the city before or during the comment period, and upon adoption the final EA shall be also be submitted to the city.

16. Permit applications for all other necessary city approvals (e.g., building permit, street and utility development permit, etc.) shall be submitted with the personal wireless services facility permit application. See PTMC 17.78.050(A).

17. If requested by the DSD director, a map showing the viewshed of the facility, meaning all places that the facility can be seen from in any compass direction, with section drawings showing the vertical relationship between the facility and the viewshed. In addition or alternatively, the decisionmaker may require photographic views from significant points in the viewshed showing the existing appearance and photo simulations depicting the appearance after the proposed facility is installed.

18. A visual impact analysis may be required whenever the DSD director determines that such facility imposes a significant visual impact on viewscapes pursuant to its authority under SEPA and/or the requirements of this chapter.

a. The impact analysis will be accomplished through the erection of a crane or similar devices within the proposed site used to simulate the proposed dimensions and height of the structure.

b. Ten working days prior to the demonstration, the applicant shall notify the DSD and provide a courtesy informational notice to properties within 1,000 feet of the parcel (for monopoles and macro-facilities) and 300 feet (for mini-facilities and micro-facilities) upon which the visual compatibility test will be conducted. The potential impact shall be documented through the submittal of maps, photographs, photo-stimulation and other appropriate methods.

19. If requested by the DSD director, a landscape plan which identifies existing and proposed landscaping.

20. For all applications which propose to locate facilities anywhere other than a preferred location, a written opinion from an electronic/telecommunications engineer (or other professional consultant approved by the DSD) describing: what preferred locations are within the geographic service area; why siting at a preferred location is not possible under PTMC 17.78.080; what good faith efforts and measures were taken to secure a more preferred location; how and why such efforts were unsuccessful; and how and why the proposed location is essential to meet service demands for the geographic service area.

21. For all applications which do not propose co-location of facilities, a written opinion from an electronic/telecommunications engineer (or other professional consultant as approved by the DSD) that: there are no other viable antenna-support structures or mounted antenna arrays reasonably available within the area sought by the applicant; that any such existing facilities are not technologically suitable for use by the applicant; and that the additional location sought is necessary to provide adequate communication coverage for the applicant. This submittal shall reflect good faith and cooperation as further set forth in PTMC 17.78.070.

22. For facilities which are categorically excluded from routine environmental processing as set forth in 47 C.F.R. Section 1.1306, the following uniform demonstration of RF compliance:

a. Submission of a uniform demonstration of compliance, consisting of a written statement signed by the personal wireless service provider, conforming to FCC rules on truthfulness of written statements, subscription and verification.

b. A statement that the proposed facility does or will comply with FCC radio frequency emission guidelines for both general population/uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules.

c. A statement or explanation with supporting data as to how the personal wireless service provider determined that the transmitting facility will comply, e.g., by calculational methods, by computer simulations, by actual field measurements, etc. Actual values for predicted exposure should be provided to further support the statement. An exhaustive record of all possible exposure locations is not necessary, but, for example, the “worst case” exposure value in an accessible area could be mentioned as showing that no exposures would ever be greater than that level. Reference should be given to the actual FCC exposure limit or limits relevant for the particular transmitting site.

d. An explanation as to what, if any, restrictions on access to certain areas will be maintained to ensure compliance with the public or occupational exposure limits. This includes control procedures that are established for workers who may be exposed as a result of maintenance or other tasks related to their jobs.

e. A statement as to whether other significant transmitting sources are located at or near the transmitting site, and, if required by the FCC rules, whether their RF emissions were considered in determining compliance at the transmitting site.

23. For facilities that are not categorically excluded from routine RF emissions evaluation by the FCC or are environmental actions requiring the submission of an environmental assessment, the applicant shall submit any and all documents related to RF emissions, including but not limited to the draft environmental assessment or evaluation, submitted to the FCC as part of the licensing process.

24. Information necessary to determine whether the facilities are potentially categorically exempt under WAC 197-11-800(27).

B. Cost of Submittals. All application requirements shall be at the applicant’s own expense. In addition, for all reports, statements or opinions required under subsections (A)(10), (13), (20), (21), (22) and (23) of this section, at the request of the DSD director, the city may require independent third-party review (by a city-approved qualified technical consultant) to validate and review the technical information contained in the application submittals. This independent third party review may be required at the time of application submittal or later during the permitting process based on requests made by citizens or city land use decisionmakers. The cost of such review shall be borne by the applicant. All applications shall be accompanied by a nonrefundable application fee as further set forth in Chapter 20.09 PTMC. (Ord. 2892 § 1, 2005; Ord. 2680 § 2, 1999).

17.78.050 Compliance with other regulations – Response capability.

A. Compliance with other Regulations. All construction of personal wireless service facilities shall also be subject to the requirements of the city’s building code, PTMC Title 16, and all codes adopted by reference in Chapter 16.04 PTMC, including but not limited to the International Building Code, the Electrical Code (NEC), the requirements of the National Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” and any additional applicable standards published by the Electronics Industries Association, the International Fire Code and the right-of-way requirements of PTMC Title 12, including the engineering design standards. All necessary permit applications (e.g., building permit, street and utility development permit, etc.) shall be submitted with the personal wireless services facility permit.

B. Business License Required. All personal wireless services facility’s providers must also obtain a business license pursuant to Chapter 5.08 PTMC.

C. Emergency Response System. All personal wireless facilities service providers shall ensure that they are tied into the local emergency response system, and are responsible for determining whether the emergency 911 system or another emergency response system is most appropriate.

D. Right-of-Way Facilities. All facilities located in any developed or undeveloped street or right-of-way shall be governed by PTMC Title 12 and by any right-of-way utility requirements contained in PTMC 5.14.080, 5.14.100, 5.14.110, and 5.14.120, Port Townsend master cable television ordinance, deemed applicable by the DSD director or public works director. (Ord. 2892 § 1, 2005; Ord. 2867 § 2, 2004; Ord. 2680 § 2, 1999).

17.78.060 Prohibited facilities and locations.

A. Lattice and Guyed Towers Prohibited. Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be permitted only as specified in this chapter.

B. Location in ESAs. Siting of personal wireless service facilities in environmentally sensitive areas shall be governed by Chapter 19.05, Critical Areas, except that the siting of such facilities shall be prohibited within regulated Class I, II or III wetlands.

C. Location in Residential Zoning Districts. Except as provided in PTMC 17.78.100(D), location of personal wireless service facilities shall not be permitted in any of the following residential zoning districts: R-I(SF), R-II(SF), R-III(MF) and R-IV(MF). In addition, except as provided in PTMC 17.78.100(D) and at the water tower preferred site, location of personal wireless service facilities shall not be permitted within 100 feet of these same residential zoning districts, measured from the edge of the proposed facility (e.g., the outside edge of the equipment enclosure, mount, antenna, etc., whichever is the farthest out) to the nearest residentially zoned property line (rather than to the center of the street which is typically the edge of the zoning district).

D. Neighborhood Commercial Zones. Personal wireless service facilities shall not be permitted in C-I, neighborhood commercial, C-I/MU neighborhood serving mixed use center, or C-II/MU community serving mixed use center zones, except for micro-facilities in developed streets.

E. Location in P/OS Zone. Except for the portion of the city water tower site which is a preferred location, the location of personal wireless service facilities in the P/OS, existing park or open space zone shall not be permitted. (Ord. 2680 § 2, 1999).

17.78.070 Overview of location preferences – Co-location.

A. Overview – Location Preferences. Certain areas of the city are more appropriate for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area, and/or the technical suitability of the particular site. Locating facilities in such areas can reduce adverse visual and aesthetic impacts of personal wireless service facilities city-wide, and help protect the health, safety and welfare of city residents.

Therefore, the location preferences and design criteria and guidelines, and associated conditions of approval, contained in this chapter are intended to ameliorate any potential visual, aesthetic or neighborhood livability concerns while still facilitating growth of an industry that is important to the city’s economic health and whose services are demanded by an increasing number of the city’s residents, businesses, workers and visitors. In order to facilitate the location of facilities at such preferred locations, the permitting process is intended to be simpler and more expeditious than for secondary locations. Preferred location permits will be processed as a Type II administrative permit, with notice, and are appealable to the hearing examiner, as more fully set forth in PTMC 17.78.100 and Chapter 20.01 PTMC.

B. Co-location Encouraged. It is also the policy of the city of Port Townsend to minimize the number of personal wireless service support structures and require co-location when appropriate. The city will pursue all reasonable strategies to promote co-location of facilities, including emergency service facilities.

1. Co-location Requirements. Licensed carriers shall share personal wireless service facilities, structures and/or sites where such facilities are already located whenever feasible, so as to reduce the number of personal wireless facilities that are stand-alone facilities. All freestanding mounts shall be designed so as not to preclude co-location. All antenna-support structures shall be available for use by the owner or initial user thereof, together with as many other wireless communication service providers as can be technically accommodated.

2. Cooperation and Good Faith Among Carriers Required. All wireless communication service providers shall cooperate with other personal wireless service providers in co-locating additional antennas on existing monopole towers, antenna-support structures, and/or on existing buildings or other alternative antenna-support structures. A personal wireless service provider shall exercise good faith in co-locating with other providers and sharing antenna sites; provided, that such shared use does not give rise to a substantial technical impairment of the ability to provide service. Such good faith shall include sharing of nonproprietary technical information to evaluate the feasibility of co-location. This covenant of good faith and fair dealing shall be a condition of any permit issued under this chapter. In the event that a dispute arises as to whether a provider has exercised good faith in accommodating other providers, the city may require a third-party technical study at the expense of either or both of such providers. (Ord. 2680 § 2, 1999).

17.78.080 Preferred locations table.

The following table identifies areas, locations and/or zoning districts which constitute preferred locations for the siting of personal wireless service facilities, and the types of facilities which may be allowed at the preferred location.

Preferred Locations

Types of Facilities Allowed

1.

The portion of the city water tower property, zoned P/OS(B) legally described as follows:

East half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 9, Township 30 North, Range 1 West, W.M.

Monopoles, macro-facilities, mini-facilities and micro-facilities, except as follows: Monopoles and any facilities attached to the water tower may not be more than 160 feet in height above grade, and no more than three independent monopoles may be permitted at the site (subject to the design standards contained in PTMC 17.78.110)

2.

Mixed commercial/light manufacturing zone (M‑C).

Macro-facilities, mini-facilities and micro-facilities (subject to the design standards contained in PTMC 17.78.110)

3.

The general commercial zone (C-II) along Sims Way west of Sheridan Street to the city limits.

Macro-facilities, mini-facilities and micro-facilities (subject to the design standards contained in PTMC 17.78.110)

4.

The Port of Port Townsend Boat Haven property, zoned M-II(A) (Boat Haven) marine related uses.

Macro-facilities, mini-facilities and micro-facilities (subject to the design standards contained in PTMC 17.78.110)

5.

The Port Townsend high school property, zoned P‑I, public/infrastructure.

Mini-facilities and micro-facilities (subject to the design standards contained in PTMC 17.78.110)

6.

The city of Port Townsend fire station, zoned P-I, public/infrastructure.

Mini-facilities and micro-facilities (subject to the design standards contained in PTMC 17.78.110)

7.

The Jefferson General Hospital property, zoned P-I, public/infrastructure.

Macro-facilities, mini-facilities and micro-facilities (subject to design standards contained in PTMC 17.78.110)

8.

Co-location sites.

See PTMC 17.78.070 and design standards PTMC 17.78.110.

(Ord. 2680 § 2, 1999).

17.78.090 Secondary locations table.

For the geographic areas of the city not covered by PTMC 17.78.060 and 17.78.080, the type of review process and facilities allowed will depend on the nature and characteristics of the various zoning districts in the city. The following table sets forth the type of facilities and the permit process for the various zoning districts in the city (excluding any area of the zone which is identified as a preferred location above):

Zoning District

Types of Facilities

Type of Permit

P-I public/infrastructure

Mini-facilities

Micro-facilities

Type III/CUP

Type II1

C-II general commercial east of Sheridan Street

Macro- and mini-facilities

Micro-facilities

Type III/CUP

Type II1

M-II (B) (Point Hudson) marine related uses

Mini-facilities and micro-facilities

Type III/CUP; also subject to HPC review per Chapters 17.30 and 17.80 PTMC.

C-II(H) hospital commercial

Mini-facilities

Micro-facilities

Type III/CUP

Type II1

C-III historic commercial

Mini-facilities and micro-facilities

Type III/CUP; also subject to HPC review per Chapters 17.30 and 17.80 PTMC.

C-I/MU neighborhood serving mixed use center

Micro-facilities in developed streets

Type II1

C-II/MU community serving mixed use center

Micro-facilities in developed streets

Type II1

C-I neighborhood commercial

Micro-facilities in developed streets

Type II1

1Notwithstanding the above, if a micro-facility subject to a Type II permitting process requires routine evaluation under FCC RF exposure guidelines, it shall be subject to a Type III/CUP permitting process. Under FCC guidelines (OET Bulletin 65, Ed. 97-01) in effect as of the adoption of the ordinance codified in this chapter, evaluation under the FCC’s environmental rules is required when tower-mounted antennas are mounted lower than 10 meters above ground and the total power of all channels being used is over 1,000 watts effective radiated power (ERP), or 2,000 W ERP for broadband PCS. The standards for micro-facilities encompasses this guideline as it now exists or is later amended.

(Ord. 2680 § 2, 1999).

17.78.100 Review process – Preferred locations – Secondary locations – Low powered facilities – Variances.

A. General Provisions.

1. Comments. The DSD director may solicit comments from the public works director, building official, local utility providers, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, the Washington State Department of Transportation (if the proposal is adjacent to a state highway), and any other state, local or federal officials as necessary.

2. Findings and Conclusions. Based upon comments from city departments and applicable agencies and all other pertinent information in the record, the decisionmaker shall make written findings and conclusions documenting compliance with all approval criteria. Approval and design criteria are found in PTMC 17.78.110 through 17.78.120. Required conditions of approval are contained in PTMC 17.78.130.

B. Preferred Locations – Review Process – Additional Notice Required. An application for the siting of personal wireless service facilities in a preferred location shall be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures, as an administrative permit with notice and appealable to the hearing examiner, except as follows. The notice of application and notice of an appeal of a Type II action shall be mailed to the latest recorded real property owners as shown by the records of the county assessor within at least 1,000 feet (for monopoles and macro-facilities) or 300 feet (for mini-facilities and micro-facilities) of the boundary of the property upon which the development is proposed.

C. Secondary Locations – Additional Notice Required. An application for personal wireless service facilities siting shall be processed according to the criteria for the particular type of permit set forth in PTMC 17.78.090 through this section and as provided in Chapter 20.01 PTMC, Land Development Administration Procedures. The decisionmaker on Type II permits will be the DSD director. The decisionmaker on Type III/conditional use permits will be the hearing examiner due to the special expertise involved in these applications. Type III/conditional use permits, will also be subject to the review criteria set forth in Chapter 17.84 PTMC, Conditional Uses, and the design review and approval criteria set in PTMC 17.78.110 through 17.78.120. In addition, for all permits requiring public notice, the notice of application and notice of public hearing shall be mailed to the latest recorded real property owners as shown by the records of the county assessor within at least 1,000 feet (for monopoles and macro-facilities) or 300 feet (for mini-facilities or micro-facilities) of the boundary of the property upon which the development is proposed.

D. Low Power Licensed and Unlicensed Facilities. Notwithstanding any other provision of this chapter, low power licensed and unlicensed facilities mounted on street poles in developed street rights-of-way may be permitted in all zoning districts (including residential) and processed as Type I, administrative review process, pursuant to Chapter 20.01 PTMC; provided, however, that such facilities remain subject to any franchising or licensing fees established by the city council. Low power licensed and unlicensed personal wireless service facilities are defined as facilities with a maximum transmitter peak output power that does not exceed the limits for such as set forth by the Federal Communications Commission. Other than the antenna, all associated equipment for low powered facilities must be less than 14 by 16 inches in length and width and eight inches in depth. Low powered facility antennas have a length not to exceed 30 inches, a width not to exceed five inches and a depth not to exceed four inches.

1. Low Power Licensed and Unlicensed Facilities on New Street Poles. The placement of low power licensed or unlicensed facilities on new street poles in developed street rights-of-way shall be processed as a Type II administrative review process, pursuant to Chapter 20.01 PTMC, with mailed notice to adjacent property owners within 1,000 feet of the proposal.

E. Historic Preservation Committee Review. No personal wireless service facility, including those exempted pursuant to PTMC 17.78.020(B)(4), that is proposed to be located on buildings, structures, or street poles subject to the jurisdiction of the city’s historic preservation committee (HPC) pursuant to Chapters 2.72, 17.30 and 17.80 PTMC, shall be placed or put into service unless a certificate of design review has been issued by the HPC and all other city permits or approvals for such an activity have been obtained.

F. Variance Procedure. Any applicant may request that the requirements established by this chapter be modified. Such request shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. In addition to the approval criteria of PTMC 17.86.050, in granting any variance the decisionmaker must also find that: (1) there are no increased noise, aesthetic or safety impacts on adjoining properties as a result of the proposed variance; and (2) in the case of a historic building or structure, the variance will continue to allow for effective concealment, disguise or camouflaging of the facilities. The decisionmaker shall not grant a variance from the provisions of this chapter which establish the allowed, conditional and prohibited uses within the various zoning districts. (Ord. 2892 § 1, 2005; Ord. 2779 § 2, 2001; Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997).

17.78.110 Design criteria and standards for monopoles and macro-facilities, mini-facilities and micro-facilities.

In its review of a proposed personal wireless facility, including associated equipment cabinets and security barriers, the decisionmaker shall be guided by the following standards:

A. Location, Camouflage, and Concealment. The entire facility should blend with and not disturb the visual character of its setting, and camouflaging, concealment and/or disguising the facilities may be required depending on the circumstances. To the greatest extent possible, the shape of the facility shall be unobtrusive in relation to its surroundings, and the silhouette of the facility shall be reduced to the minimum visual impact.

1. Historic Commercial District. Facilities in the historic commercial district or on listed historic buildings shall be concealed or camouflaged, when viewed from ground level, adjacent buildings, waterways, street rights-of-way and/or viewscapes, as determined through the HPC review process more fully set forth in Chapters 17.30 and 17.80 PTMC.

2. All Other Areas. Antennas and/or antenna arrays located on an existing structure shall be concealed when viewed from a ground level view adjacent to the structure unless circumstances do not permit such placement, in which case the antenna array must be camouflaged.

a. For roof-mounted antenna, this may include placement in penthouses or other architectural features appropriate to the particular structure, the design of which must be approved by the decisionmaker.

b. Side-mounted antennas should be mounted flush on the exterior wall of the building and not project above the wall on which it is mounted; if not technically possible, such antenna must either be concealed or camouflaged into the building design.

c. For whip or rod antennas, in determining the adequacy of concealment and camouflage techniques proposed, the decisionmaker shall consider whether the conceptual elevations, site plans, photo-simulations, and/or visual impact analysis information submitted by the applicant demonstrate that the antennas will not be visible from the public rights-of-way adjacent to the subject property.

3. Monopoles. Each monopole shall be painted in a nonreflective earth tone that best allows it to blend into the surroundings, or, if disguised or camouflaged, painted in such as way as to effectuate the disguise. The use of grays, blues and greens might be appropriate; provided, however, each case should be evaluated individually. At the discretion of the decisionmaker, monopoles shall be disguised or camouflaged (such as being made to appear as a flagpole, sailboat mast, or evergreen or other tree, depending on the features of the surrounding property) so as to blend in with the surrounding area and to minimize any adverse visual or aesthetic impacts.

B. Antennas and Support Structures – Specific Height, Bulk and Dimensional Requirements.

1. Personal wireless service facilities, when considered in aggregate with all other construction on a site, must conform to height (unless otherwise specified in this chapter), bulk, dimension, footprint and setback requirements for buildings in the zone in which they are located.

2. Macro-Facilities. Macro-facilities may be of any physical size permitted by this chapter and other provisions of the Port Townsend Municipal Code but shall in no case extend above 75 feet in height above grade with the exception of the water tower property. The extension of antennas in a horizontal direction from a monopole or alternative support structure shall be minimized.

a. Monopoles. Monopoles shall not exceed 160 feet in height at the water tower site, or 75 feet in height at any other location where macro-facilities are permitted. Unless it is demonstrated to the satisfaction of the decisionmaker that it is technically infeasible, monopoles shall be designed so as to allow at least two additional carriers to co-locate at the facility.

b. Height Reduction. Notwithstanding the height standards contained in this section, the decisionmaker may reduce the maximum height of macro-facilities including monopoles based upon the record, the predominant height of structures and vegetation in the surrounding area, and the design standards and approval criteria contained in this chapter and in Chapter 17.84 PTMC, for Type III – CUP applications.

3. Mini-Facilities. Mini-facilities generally should not extend above the height of adjacent portions of the host structure by more than 15 percent (except an antenna array not wider than 48 inches may extend to the height limit for the zone in which it is located). Mini-facilities which are attached to structures established for other uses should be in scale with the host structure. In general, mini-facilities which are independent of other structures should not have a footprint greater than 750 square feet in aggregate, including all constructed and installed elements of the mini-facility (excluding buffers, landscape and screening material, access drive and security fencing, if any.)

4. Micro-Facilities. Micro-facilities consist of any or all of the following: an antenna array; brackets for attaching the array to a street pole; a single associated equipment cabinet; and cables not over one inch in diameter connecting the parts. Micro-facilities shall be attached to a single street pole on a developed street. The equipment cabinet shall either be mounted on the pole or installed completely below grade in a vault.

a. No more than one micro-facility shall be located on a single pole.

b. Micro-facilities may have an antenna array consisting of a whip antenna not more than six feet in length and not more than three inches in diameter; or (1) consisting of not more than four panels, each mounted within six inches of the pole, with none extending above the height of the pole and none wider than six inches overall; or (2) consisting of not more than three parabolic antennas, each less than 12 inches in diameter, each mounted within 12 inches of the surface of the pole, and none extending above the height of the pole.

C. Equipment Enclosures.

1. Macro-Facilities.

a. Ground-Mounted Equipment Enclosures. Ground-mounted equipment enclosures shall be painted a nonreflective color so as to blend in with the surroundings. Ground-mounted equipment enclosures shall be of the smallest size possible, but in no event shall be greater than 12 by 12 feet in length and width. Unless otherwise specified in conditions to a CUP, the floor elevation for a freestanding equipment enclosure shall be below grade, at grade, or elevated no more than three feet above the grade existing at the site before the development of the facilities. The roof height, as measured per the International Building Code, of the equipment enclosure shall not be greater than six feet in height above the pre-existing grade. However, enclosures of any configuration may be contained within new buildings which conform to building and zoning code requirements for the zone in which they are located or other existing lawfully established buildings. Any new buildings shall be designed and constructed to be architecturally compatible with the buildings in the immediate vicinity and to blend into the surroundings.

b. Equipment Enclosures Mounted on Alternative Support Structures. Equipment enclosures attached to an alternative support structure shall not extend more than six feet above the height of adjacent portions of that structure which afford screening of the equipment enclosure. When mounted on buildings, equipment enclosures should be concealed within the interior of buildings, if possible. If located on the roof of a building, such enclosures shall either be concealed or camouflaged into the building with an architecturally compatible design. In no case shall equipment enclosures extend above the 75-foot height limit established for macro facilities.

2. Mini-Facilities. Equipment enclosures shall be attached to the alternative support structure and shall not extend more than six feet above the height of adjacent portions of that structure which afford screening of the equipment enclosure. When mounted on buildings, equipment enclosures should be concealed within the interior of buildings, if possible. If located on the roof of a building, such enclosures shall either be concealed or camouflaged into the building with an architecturally compatible design. In no case shall equipment enclosures extend above the maximum building height in the underlying zoning district.

3. Micro-facilities may have a pole-mounted equipment cabinet not larger in profile than the pole on which it is mounted, and having no single dimension greater than four feet, or an equipment cabinet which is installed completely below grade in a vault.

D. Color and Texture. The facility (including all visible antennas, support structures, and equipment enclosures) shall be in colors and textures that minimize visibility, including against trees and sky.

E. Noise. Noise shall not exceed the maximum environmental noise levels set forth in Chapter 173-60 WAC, as it is now in effect or hereafter amended. In addition, if a noise ordinance is adopted by the city in the future, to the greatest extent feasible the facilities shall comply with the standards and criteria of such an ordinance.

F. Screening and Vegetation.

1. Landscaping Plan. The DSD director shall have the authority to require a landscaping plan when deemed necessary to mitigate the aesthetic impacts of a personal wireless service facility.

2. Screening of Facilities. Existing vegetation which helps conceal or screen proposed facilities from view (including all visible antennas, monopoles, alternative support structures, and equipment enclosures) shall be preserved to the greatest extent feasible. The DSD director may require additional vegetation to be planted through landscaping plan review to mitigate aesthetic impacts of the proposed facility. For all screening, the use of trees with significant height and fullness upon maturity is required. The DSD director may also require the wireless facility provider to lease or secure an easement for additional land to preserve existing significant vegetation or to allow the planting of additional landscaping.

3. Ground-Mounted Equipment Enclosures. In all zones, equipment enclosures shall be screened when viewed from adjacent rights-of-way, properties, and waterways. Existing vegetation which helps conceal the equipment enclosure shall be preserved, whenever possible. When additional screening is required, vegetation of similar species (or as otherwise required by the decisionmaker) shall be re-planted immediately following the construction of the facilities. In order to provide visual relief from the equipment enclosure, the DSD director, in his or her discretion, may also require landscaping in a band of up to 20 feet in depth around the enclosure as part of the landscaping plan.

G. Lighting. In all zones, security lighting is permitted for equipment enclosures, but shall be oriented downward and shielded so that the light falls only within the boundaries of the property, and shall by triggered only by a motion sensor. No monopoles or other antenna support structures shall be artificially lighted, except as required by the Federal Aviation Administration (FAA) or other governmental agency.

H. Signs, Symbols, Etc. There shall be no signs, symbols, flags, banners or other devices or things attached to or painted or inscribed upon any monopole or other type of antenna support structure or building, except that the DSD director may require appropriate signage indicating a telephone number and person to call for information or in the event of an emergency, or for any other safety reason approved by the director. (Ord. 2892 § 1, 2005; Ord. 2867 § 2, 2004; Ord. 2680 § 2, 1999).

17.78.120 Wireless permit – Approval criteria.

The decisionmaker may approve or approve with modifications, an application for a personal wireless service facility if the following criteria are met:

A. For All Applications. The DSD director (for Type II permits) and hearing examiner (for Type III permits) shall find that the applicant has conformed with the design criteria of PTMC 17.78.110 and has demonstrated, through a visual impact analysis if required or by other means set forth in this chapter, that it has done everything feasible to minimize any visual and aesthetic impacts of the proposed facilities. Such decisionmaker must also find that the applicant has complied with the FCC regulations related to RF emissions, as set forth in the application section of this chapter, PTMC 17.78.040(A)(22) and (23), whichever is applicable; and has met the environmental noise standards of PTMC 17.78.110(E).

B. Additional Approval Criteria for All Sites Other Than Preferred Locations or Co-location. Based on the application information submitted under PTMC 17.78.040(A)(20) and (21), the decisionmaker will not approve applications for such sites unless the applicant describes, to the satisfaction of the hearing examiner or director: (1) what preferred location(s) are within the geographic service area; (2) why co-location is not possible under PTMC 17.78.070; (3) what good faith efforts and measures were taken to secure these more preferred locations; (4) how and why such efforts were unsuccessful; and (5) how and why the proposed site is essential to meet service demands for the applicant’s geographic service area. Co-location sites are exempt from this section.

C. Additional Approval Criteria for Conditional Use Permits (Type III applications). In addition to the criteria of subsections A and B of this section, the conditional use permits shall be subject to the approval criteria of PTMC 17.84.050, 17.84.060 (as applicable) and 17.84.070. (Ord. 2892 § 1, 2005; Ord. 2680 § 2, 1999).

17.78.130 Additional conditions – RF monitoring, noise monitoring, security and maintenance, covenant of good faith among carriers.

A. RF Radiation Monitoring.

1. Upon approval and construction of a personal wireless service facility, initial field measurements shall be performed prior to placing the facility into service and the initial compliance report shall be submitted to the DSD director within 45 days of the facility becoming fully operational.

2. Compliance reports shall be required on an annual basis thereafter. Annual compliance reports shall be submitted to the DSD director by January 1st of each calendar year; provided, however, that a facility installed and initially tested within nine months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

3. The city may retain a qualified technical expert in the field of radio-frequency engineering to verify the RFR measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier or applicant.

4. If, at any time, the radio-frequency emission tests show that the facility exceeds any of the RF emission limits and/or exposure standards established by the FCC or triggers the FCC requirement for an EA, the licensed carrier shall immediately discontinue use of the facility and notify the DSD. Use of the facility may not resume until the licensed carrier demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC.

5. Upon giving the underlying property owner and the wireless provider prior written notice, or in an emergency without notice, the city or its authorized agent may enter the subject property to obtain RF-radiation measurements for as long as a permit remains in effect and/or the permittee continues operation. This authorization must be a condition of any permit issued under this chapter.

6. If the FCC guidelines or federal law is changed to alter the RF-radiation standards or RF-testing or monitoring requirements, a permittee through written affirmation shall demonstrate compliance with the current requirements within 60 days of the date the permittee is notified of the revised standards/requirements.

B. Monitoring of Noise.

1. A report demonstrating compliance with the noise criteria set forth in PTMC 17.78.040(13) shall be submitted by January 1st of the calendar year after which the facility was installed, except that a facility installed and initially tested within nine months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st. In addition, based on citizen complaints or its own field research the city may require additional compliance reports, except that it shall not do so any more frequently than once per year. The city may retain a technical expert in environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the permittee.

C. Security and Maintenance.

1. It is the provider’s and any co-applicant’s responsibility to protect the facility from unauthorized access through appropriate means, consistent with the purpose of protecting the public health, safety and welfare. Such persons or entities shall maintain the facility in a good and safe condition and preserve its original appearance and concealment, disguise or camouflage elements incorporated into the design at the time of approval. Such maintenance shall include, but not be limited to, such items as painting, structural repair, repair of equipment and maintenance of landscaping.

D. Good Faith Among Carriers Required.

1. As required by PTMC 17.78.070 (B)(2) all wireless communication service providers shall cooperate with other personal wireless service providers in co-locating additional antennas on existing monopole towers, antenna-support structures, and/or on existing buildings or other alternative antenna-support structures. (Ord. 2892 § 1, 2005; Ord. 2680 § 2, 1999).

17.78.140 Time limitation – Expiration of permits – Amendment – Assignment/sublease.

A. Time Limitation. A personal wireless facility permit shall automatically expire and become void if the applicant (1) fails to begin and pursue construction diligently or (2) complete construction and commence operation, within one year of the effective date of the permit. The DSD director may extend the permit for a period of one year; provided, that the applicant files a written request for extension not less than 60 days prior to the expiration and sets forth good cause for the extension.

B. Expiration. The permit for a personal wireless facility shall expire three years from the date of the issuance, except that the permit expires immediately if the facility is abandoned as set forth in PTMC 17.78.170. Renewal for additional three-year periods may be authorized if application for renewal is made and applicable fees paid at least 90 days prior to the expiration date of the original permit. The DSD director will not withhold renewal approval if it is demonstrated that all terms of the original approval are met and that the structural integrity of the facility is sound. The DSD director may, in his or her discretion, require that the provider submit a structural engineering report prepared by an independent structural engineer to verify the continued structural integrity of the facility.

C. Amendment of Permits. From time to time, a permit holder may want to alter the terms of an approved permit by changing or altering the appearance, size or operation of the facility. If any change or modification to any portion of the site plan or the design of the facility is being proposed, the applicant must apply for a modification of the permit. The DSD director shall process the requested amendment as a Type I permit. Before approving such an amendment, the DSD director shall make written findings and conclusions that all of the following criteria are met:

1. The use will remain the same;

2. The total site coverage and the total area covered by the structures will not increase;

3. The location and height of the facility will not change;

4. The use will continue to comply with all conditions of approval of the original permit;

5. The use will comply with the then existing requirements of the zoning code and this chapter; and

6. Viewscapes are not impacted by the proposed change.

Any proposed modification of a permit not consistent with the above criteria will require full review by the hearing examiner (for Type III permits) and DSD director (for Type II permits), pursuant to the requirements of this chapter.

D. Permit Transferable – Assignment/Sublease of Permitted Sites. No facility, site or permit may be transferred, assigned or subleased without notice to the city. In the event of a transfer, assignment, or sublease, a copy of the land use agreement and FCC license shall be submitted to the DSD, as well as the application information contained in PTMC 17.78.040(A)(1) through (3), and RF monitoring entry authorization as specified in PTMC 17.78.130(A)(5), and any other information deemed reasonably necessary by the DSD director. (Ord. 2892 § 1, 2005; Ord. 2680 § 2, 1999).

17.78.150 Grandfathering of existing facilities.

All facilities existing on February 1, 1999, shall be allowed to continue as they presently exist and will be considered nonconforming uses where they do not conform to this chapter. Routine maintenance shall be permitted; however, any physical change or alteration to the appearance, size or operation of the facility shall be subject to the requirements of this chapter. In addition, within five years from the effective date of this chapter, all facilities must submit to the DSD a description of the facilities, as well as the application information set forth in PTMC 17.78.040(A)(1), (2) and (4). Any abandoned facilities shall be subject to the requirements of PTMC 17.78.170. (Ord. 2892 § 1, 2005; Ord. 2680 § 2, 1999).

17.78.160 Recovery of city costs.

Each permit granted pursuant to this chapter is conditioned on the requirement that the permittee reimburse the city for all direct and indirect expenses reasonably incurred in connection with the modification, amendment, or transfer of the permit, and/or incurred while monitoring the requirements of the permit. (Ord. 2680 § 2, 1999).

17.78.170 Abandonment of facilities.

A. Notice. At such time as a provider plans to abandon or discontinue, or is required to discontinue, the operation of a personal wireless facility, such carrier will notify the DSD by certified U.S. mail of the proposed date of abandonment or discontinuance.

B. Co-location. If there are two or more providers co-located at the facility, the following subsections shall not be effective until all providers cease using the facility. However, if abandonment occurs due to relocation of an antenna to a lower point on the structure, the facility provider or property owner shall have 180 days to co-locate another service or for another existing service provider to move up from a lower point on the structure. If unsuccessful, the provider and/or property owner shall dismantle and remove any unused equipment and all hardware and wiring, and repaint the structure as necessary.

C. Removal of Facility. The provider and/or property owner shall remove any licensed or unlicensed personal wireless service facility within 180 days of the abandonment or discontinuance. Removal of facilities includes, at a minimum, removal and transportation away of antennas, mounts, equipment enclosure(s), exposed utilities, power equipment, security barriers and debris from the property, and, to the best extent possible, a restoration of the property to its natural condition, replacement of topsoil and vegetation, and retention of any remaining landscaping.

D. Costs. If the facilities are not removed within six months, or period of time as determined in writing by the DSD director, the city shall have the authority to enter the property and remove the facilities. All reasonable and documented costs of such removal shall be charged to the provider and/or landowner of record. (Ord. 2892 § 1, 2005; Ord. 2680 § 2, 1999).

17.78.180 Enforcement and penalties.

Enforcement and penalties for violations of this chapter shall be subject to Chapter 17.94 PTMC. (Ord. 2680 § 2, 1999).