Chapter 15.88
WIRELESS COMMUNICATION FACILITIES
Sections:
15.88.030 Consistency statement.
15.88.060 General requirements.
15.88.070 Registration of wireless communication carriers and providers.
15.88.080 Application submittal requirements.
15.88.010 Definitions.
A. General. Whenever the following words and phrases appear in this chapter, they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense include the future; the singular shall include the plural, and plural the singular; the word “shall” is always mandatory, and the word “may” indicates a use of discretion in making decisions. The words “used”/“occupied” include the words intended, designed, or arranged to be used/occupied.
1. “Antenna” means the surface from which wireless radio signals are sent from and received by a wireless communication facility.
2. “Carrier” means an FCC-licensed entity that provides wireless mobile telecommunications services for hire to the general public in accordance with Parts 22 and 24 of the FCC Rules and Regulations.
3. “Co-location” means the use of a single mount and/or site by more than one licensed wireless communication carrier. “Co-location” also means the use by one or more carriers of an existing structure as a telecommunications antenna mount such as a water tank, fire station, electrical substation, utility pole, tower, etc.
4. “Commercial mobile radio services” means any of several technologies using radio signals at various frequencies to send and receive voice, data, and video.
5. “Concealment technology” means the use of technology through which a wireless communication facility is designed to resemble an object which is not a wireless communication facility and which is already present in the natural environment, or designed to resemble or placed within, an existing or proposed structure.
6. “Equipment cabinet” means an enclosed structure at the base of the mount within which are housed batteries and electrical equipment necessary for the operation of a WCF. This equipment is connected to the antenna by cable.
7. “FAA” means the Federal Aviation Administration.
8. “FCC” means Federal Communications Commission.
9. “Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
10. “Height” shall mean, when referring to a WCF or other structure, the distance measured from ground level to the highest point on the WCF or other structure, even if said highest point is an antenna.
11. “Lattice tower” means a type of mount that is either self-supporting with multiple legs and cross bracing of structural steel or additionally supported with diagonal cables.
12. “Licensed carrier” means a company authorized by the FCC to build and operate a commercial mobile radio service system.
13. “Maintenance” means emergency or routine repairs, reconstruction of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a significant change in visual impact or an increase in approved use(s).
14. “Modification” means the changing of any portion of a structure/use/activity from its description in a previously approved permit.
15. “Monopole” means the type of mount that is self-supporting with a single shaft, typically of wood, steel or concrete.
16. “Mount” means the structure or surface upon which antennas are placed including, but not limited to:
a. Roof-Mounted. Mounted on the roof of a building.
b. Side-Mounted. Mounted on the side of a structure including a tower.
c. Ground-Mounted. Mounted on the ground.
17. “Review authority” means the Raymond city council.
18. “Speculation (‘spec’) tower” means a tower designed for the purpose of providing location mounts for wireless communication facilities without a binding commitment or option to lease a location upon the tower by a service provider at time of initial application.
19. “Structure” means anything constructed, erected, or located on the ground or water, or attached to the ground or to an existing structure, including but not limited to residences, apartments, barns, stores, offices, factories, sheds, cabins, mobile and floating homes, and other buildings.
20. “Tower” means a mast, pole, or monopole, guyed or freestanding lattice tower designed and primarily used to support antennas associated with wireless communication service. A speculation tower may consist of any one of these tower types. As part of the service, the term “tower” includes, but is not limited to, microwave towers, common carrier towers, personal communication service (PCS), and cellular telephone towers.
21. “Visually compatible” means the relative visibility of a wireless communication facility, where that facility does not noticeably contrast with the surrounding landscape. Visibly compatible facilities may be partially visible, but not visually dominant in relation to their surroundings.
22. “Wireless communication facility (WCF)” means an unstaffed facility owned and/or operated by a carrier for the transmission or reception of radio frequency signals, usually consisting of an equipment shelter containing electronic equipment, a support structure, antennas or other transmission and reception devices. (Ord. 1659, 2002)
15.88.020 Intent.
The intent of this chapter is to provide for the regulation of the initial construction or expansion of wireless communication facilities. The city of Raymond desires to accommodate the increasing communication needs of residents, businesses, and visitors, while protecting the public health, safety and general welfare as well as visual and aesthetic considerations. These regulations are established:
A. To direct the location of wireless communication facilities to areas which will allow for minimal impacts within the city;
B. To protect residential, commercial and shoreline areas and land uses from potential adverse impacts of wireless communication facilities;
C. To accommodate the growing need for wireless communication facilities;
D. To promote and encourage shared use/co-location of wireless communication facilities as the preferred option;
E. To avoid or minimize potential damage to adjacent properties from tower failure through engineering and careful siting of wireless communication facilities;
F. To provide a process and uniform comprehensive standards for the development and regulation of personal wireless communication facilities;
G. To enhance the ability to provide communications services to residents, businesses and visitors; and
H. To protect the city’s natural resources, and historical resources by minimizing adverse visual and aesthetic impacts of wireless communication facilities through careful design, siting, landscape screening and innovative aesthetic mitigation. (Ord. 1659, 2002)
15.88.030 Consistency statement.
These regulations pertaining to wireless communication facilities shall be construed to be consistent with any federal or state standards regulating wireless service facilities which preempt or take precedence over the regulations herein. In the event that either the federal or state government adopt regulations pertaining to wireless communication facilities more stringent than those described herein, the most stringent regulations shall govern. (Ord. 1659, 2002)
15.88.040 Applicability.
All wireless communication facilities located within the city of Raymond, whether upon private, public, or city owned lands, shall be subject to this chapter, unless exempted under RMC 15.88.050. (Ord. 1659, 2002)
15.88.050 Exclusions.
The following uses and activities shall be exempt from the regulations contained in this chapter:
A. 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 significant change in visual impact;
B. Ham radio, amateur sole source emitters, citizen band transmitters and accessory structures including antennas;
C. Two-way communication transmitters used on a temporary basis by “911” emergency services, including fire, police, and emergency aid or ambulance services;
D. Radio transceivers normally hand-held or installed in moving vehicles, such as automobiles, trucks, watercraft, or aircraft. This includes cellular phones;
E. Military and civilian radar, operating within the regulated frequency ranges, for the purpose of defense or aircraft safety;
F. Machines and equipment that are designed and marketed as consumer products such as TV satellite dishes, microwave ovens, and remote control toys;
G. Two-way broadband antenna(s) smaller than one meter in any dimension operating at less than seven watts effective radiated power (ERP) for use by a dwelling unit occupant for personal use or home occupation; and
H. Government and public utility communications facilities. (Ord. 1659, 2002)
15.88.060 General requirements.
A. No WCF shall be constructed or operated within the city of Raymond until all necessary approvals and permits have been secured.
B. An application for a WCF shall include both the licensed carrier and the landowner of the subject property.
C. A conditional use development permit application approval shall be required for the construction and operation of all WCFs.
D. Chapter 15.48 RMC shall govern the review process.
E. A new conditional use development permit shall be required for all modifications, not constituting maintenance, to an approved WCF permit.
F. If co-location or concealment technology is not feasible, the applicant shall demonstrate that such locations or concealment technology designs are unworkable for the carrier’s coverage plan.
G. All approvals for a WCF shall become null, void, and nonrenewable if the facility is not constructed and placed into service within two years of the date of final approval from the city of Raymond, or superseding administrative or court decision.
H. The applicant, co-applicant, or tenant shall notify the city engineer of all changes in applicant and/or co-applicants or tenants of a previously permitted WCF permitted under this section within 90 days of the change. Failure to provide appropriate notice shall constitute a violation of the original permit approval.
I. All WCFs must comply with all applicable city of Raymond regulations and the permit conditions authorizing the WCF. Violators shall be subjected to the sanctions listed in Chapter 15.02 RMC.
J. No on-premises storage of material or equipment shall be allowed other than that used in the operation and maintenance of the WCF site.
K. Speculation towers are not permitted.
L. The city engineer may require independent verification of the analysis provided by the applicant at the applicant’s expense. (Ord. 1659, 2002)
15.88.070 Registration of wireless communication carriers and providers.
Upon the request of the city engineer, all wireless communication carriers and providers that offer or provide to the public any wireless communication services for a fee within the city of Raymond, shall register each WCF with the Raymond city clerk/treasurer. (Ord. 1659, 2002)
15.88.080 Application submittal requirements.
All WCF installations require a conditional use development permit. The following information must be submitted together with the application form provided by the city:
A. An accurate and to-scale site plan showing the location of the tower, guy anchors (if any), antennas, equipment cabinet and other uses accessory to the communication tower or antenna. The site plan shall include a description of the proposed tower including use of concealment technology if applicable.
B. A visual study containing, at a minimum, a graphic simulation showing the appearance of the proposed tower antennas, and ancillary facilities from at least three points within a two mile radius. Such points shall include views from public places including but not limited to parks, rights-of-way, and waterways and chosen by the city of Raymond at a pre-application conference, to ensure that various potential views are represented.
C. The distance from the nearest WCF and nearest potential co-location site.
D. A report/analysis from a Washington State licensed professional engineer documenting the following:
1. The feasibility of co-location;
2. How the application meets the requirements of RMC 15.88.090(B)(4) and (B)(5) (if applicable);
3. The reason why the WCF must be constructed at the proposed height (if applicable);
4. Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design such as, but not limited to, an explanation of the failure to employ concealment technology;
5. Total anticipated capacity of the structure, including number and types of antennas, which can be accommodated;
6. Evidence of structural integrity of the tower structure as required by the building official under Raymond Municipal Code;
7. Failure characteristics of the tower; and
8. Ice hazards, seismic and wind load survivability, and mitigation measures, which can be employed.
E. Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards set forth by the Federal Communication Commission as outlined in “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance” or a subsequent FCC publication delineating required radio frequency performance standards.
F. A signed agreement, stating that the applicant will allow co-location with other users, with competitive rates comparable within the region, provided all safety, structural, and technological requirements are met. This agreement shall also state that all future owners or operators will allow co-location on the tower.
G. A statement documenting any binding commitment to lease or option to lease an antenna mount upon the proposed tower by a service provider.
H. A landscape plan drawn to scale showing the proposed and existing landscaping, including type, spacing, and size.
I. Plans showing the connection to utilities/right-of-way cuts required, ownership of utilities and easements required.
J. Documents demonstrating that any necessary easements have been obtained.
K. Plans showing how vehicle access will be provided.
L. A notarized signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use processes.
M. Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in RMC 15.88.090(A)(3).
N. A map of Pacific County showing the approximate geographic limits of the “cell” to be created by the facility. This map shall include the same information for all other facilities owned or operated by the applicant within the city, or extending within the city from a distant location, and any existing detached WCF of another provider within one mile of the proposed site.
O. Documentation demonstrating that the FAA and Washington State Aeronautics Commission have reviewed and approved the proposal, or determined that such review and approval is not required. The city engineer shall notify the Washington State Department of Transportation of all such documentation received.
P. Full response to RMC 15.88.090 approval criteria as applicable.
The city engineer may waive any of these requirements if the applicant seeks co-location. (Ord. 1659, 2002)
15.88.090 Approval criteria.
To be approved, all applications for a wireless communication facility (WCF) shall demonstrate compliance with the following:
A. General and Operating Requirements.
1. The service provider of the WCF and its successors and assigns shall agree to:
a. Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;
b. Negotiate in good faith for shared use of the WCF by third parties; and
c. Allow shared use of the WCF if an applicant agrees in writing to pay reasonable charges for co-location.
2. Radio Frequency Standards. The applicant shall comply with all applicable FCC RF emissions standards (FCC Guidelines).
3. Noise. Noise levels shall not exceed five dBA above ambient levels or 55 dBA sound pressure level (SPL), whichever is greater, on adjacent properties. Operation of a back-up generator in the event of power failure or the testing of a back-up generator between 8:00 a.m. and 8:00 p.m. are exempt from this standard. No testing of back-up power generators shall occur between the hours of 8:00 p.m. and 8:00 a.m.
4. Environmental Resource Protection. All wireless communication facilities shall be sited so as to minimize the effect on environmental resources. Alteration or disturbance of native vegetation and topography shall be minimized.
5. A WCF shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar competing services.
B. Siting Requirements.
1. A proposal for a new wireless communication service tower shall not be approved unless the review authority finds that the wireless communication equipment for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one or more of the following four reasons:
a. The wireless communication equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a Washington State licensed professional engineer, and the existing or approved tower/structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or structure as documented by a Washington State licensed professional engineer and the interference cannot be prevented at a reasonable cost;
c. Existing or approved towers and structures within the applicant’s search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a licensed professional engineer; and
d. The radio frequency coverage objective cannot be adequately met.
Additionally, the review authority may choose to waive this co-location requirement if clear and convincing evidence is presented which shows that the amortized cost of constructing the proposed WCF (using a reasonable interest rate and a reasonably projected useful life of the proposed WCF) is at least 10 percent less than the projected amortized cost (using a reasonable interest rate) of renting space on an existing WCF for the reasonably projected useful life of the proposed WCF.
2. All co-located and multiple-user WCFs shall be designed to promote facility and site sharing.
3. Existing sites for potential co-location, may include but are not limited to buildings, water towers, existing WCFs, utility poles and towers, and related facilities; provided, that such installation preserves the character and integrity of those sites. In particular, applicants are urged to consider use of existing telephone and electrical utility structures as sites for their WCF.
4. If co-location is not feasible, the preferred order for locating proposed WCFs shall be based on the following zoning designations:
a. Heavy Manufacturing (M-2), outside of shoreline management jurisdiction;
b. Light Manufacturing (M-1), outside of shoreline management jurisdiction;
c. Heavy Manufacturing (M-2), within shoreline management jurisdiction;
d. Light Manufacturing (M-1), within shoreline management jurisdiction.
[Note: Priorities “(a)” through “(d)” refer to areas designated in the city of Raymond comprehensive plan.]
The review authority shall not allow a WCF to be sited in a particular area designated in the city of Raymond comprehensive plan unless the applicant demonstrates with clear and convincing evidence that the applicant’s objectives cannot be met by placing the project in an area with a higher preference (e.g., before a WCF can be placed in a Light Manufacturing area, the applicant must show that his/her objectives cannot be met by placing the project in an area designated as Heavy Manufacturing).
5. Visual Compatibility. In addition to satisfying the preferred order for location under subsection (B)(4) of this section, the applicant also shall demonstrate that the proposed WCF will be visually compatible. To the extent practicable, the applicant shall use concealment technology and/or vegetatively, topographically, or structurally screen the WCF to minimize visual impacts. Existing trees or significant vegetation should be retained to the greatest possible degree in order to help conceal a facility or tower. Vegetation of a similar species and a size acceptable to the approval authority shall be planted immediately following the loss of any vegetation used to conceal a facility or tower. Vegetation used to demonstrate visual compatibility shall be under the control of the applicant/co-applicant or tenant.
6. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional facilities if the tower is over 100 feet in height or for at least one additional facility if the tower is between 60 and 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
7. Towers/monopoles shall not be sited in locations where there is no vegetative, structural, or topographic screening available.
8. The city engineer may require independent verification of the analysis provided by the applicant at the applicant’s expense.
9. Height. The review authority shall not approve a tower exceeding 60 feet in height unless the applicant demonstrates with clear and convincing evidence that the applicants objectives cannot be met with a tower of lesser height. In no case shall a tower in excess of 120 feet be approved.
Wireless communication facilities shall comply with the following requirements:
a. Ground-mounted WCFs in the following areas shall not exceed the following height restrictions:
i. Heavy/Light Manufacturing Zones Outside Shoreline Management Jurisdiction. WCFs located in Heavy or Light Manufacturing zones may be a maximum height of 120 feet may be approved with conditional use permit.
ii. Heavy/Light Manufacturing Zones within Shoreline Jurisdiction. WCFs located in Heavy or Light Manufacturing zones within the shoreline management jurisdiction may be permitted up to 35 feet in height. WCFs up to a maximum of 60 feet may be permitted with a conditional use and a shoreline management variance permit.
WCFs located within the city’s shoreline management jurisdiction must comply with the permitting requirements of the city’s shoreline management master program.
b. WCFs attached to existing structures or natural objects shall not exceed the height limitation for the area listed above.
10. Setback/Yard Requirements. Setback requirements shall be measured from the outside edge of a WCF/accessory structure(s).
a. No structure on the subject property shall be closer to a ground-mounted facility than a distance equal to the total height of the WCF measured from finished grade.
b. All ground-mounted towers shall be setback from any property line a minimum distance equal to the total height of the tower.
The review authority may waive the setback requirements in this subsection if clear and convincing evidence is presented which shows that placing the proposed WCF/accessory structure(s) within a setback area would make the proposal more visually compatible.
11. Storage.
a. Wireless communication storage facilities (i.e., vaults, equipment rooms, utilities, and equipment cabinets or enclosures) shall be constructed of nonreflective materials (exterior surfaces only). The placement of equipment in underground vaults is encouraged.
b. Wireless communication storage facilities shall be no taller than one story (15 feet) in height and shall be treated to look like a building or facility typically found in the areas.
12. Color and Materials. All buildings, poles, towers, antenna supports, antennas, and other components of each wireless communication site shall initially be colored with “flat” muted tones. The color selected shall be one that in the opinion of the approval authority minimizes visibility of the WCF to the greatest extent feasible.
13. Fences.
a. A security fence with a minimum height of six feet shall be installed around the perimeter of all WCF sites. The fence shall be posted with appropriate warning signs. Vegetative screening shall be planted around the fence in accordance with subsection (B)(7) of this section. Security is the responsibility of the applicant/owner.
b. A sight-obscuring fence shall be installed and maintained around the perimeter of the lease area of a ground-mounted facility not employing concealment technology. The sight-obscuring fence shall surround the tower and the equipment shelter.
c. A ground-mounted facility located in a public right-of-way must be exempted from fencing requirements.
d. Chain link fences shall be painted or coated with a nonreflective color.
14. Security. In the event a fence is required, WCFs shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
15. Lighting.
a. A new WCF shall only be illuminated as necessary to comply with FAA or other applicable state and federal requirements.
b. No other exterior lighting shall be permitted on premises.
c. Exterior lighting shall be reflected away from buildings.
16. Signs. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
17. Landscape and Screening. All WCFs shall be improved in such a manner so as to maintain and enhance existing native vegetation and suitable landscaping installed to screen the base of the tower and all accessory equipment, where necessary. To this end, all of the following measures shall be implemented for all ground-mounted WCFs including accessory structures.
a. A landscape plan shall be submitted indicating all existing vegetation, landscaping that is to be retained within the leased area on the site, and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land and public view areas. Planted vegetation shall be of the evergreen variety and placed outside of the fence. All trees, larger than four inches in diameter and four and a half feet high shall be identified in the landscape plan by species type, and whether it is to be retained or removed with project development;
b. Existing trees and other screening vegetation in the vicinity of the facility and along the access drive and any power/telecommunication line routes involved shall be protected from damage, during the construction period;
c. The review authority may waive landscaping and screening requirements if he or she finds that the waiver of these requirements will not engender any significant visual or aesthetic impacts. (Ord. 1659, 2002)
15.88.100 Insurance.
The applicant shall maintain public liability insurance and submit proof of insurance to the city. (Ord. 1659, 2002)
15.88.110 Maintenance.
A. The applicant/co-applicant or tenant shall maintain the WCF. Such maintenance shall include, but shall not be limited to, painting, maintaining structural integrity, and landscaping.
B. In the event the applicant/co-applicant or tenant/carrier fails to maintain the facility in accordance with permit conditions regarding visual impacts or public safety, the city of Raymond may undertake the maintenance at the expense of the applicant or co-applicant landowner. (Ord. 1659, 2002)
15.88.120 Abandonment.
A. At such time that a carrier plans to abandon or discontinue, or is required to discontinue, the operation of a WCF, such carrier will notify the city of Raymond public works department in writing of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.
B. In the event that a carrier fails to give such notice, the WCF shall be considered abandoned if the antenna or tower is not operated for a continuous period of 12 months, unless the owner of said tower provides proof of continued maintenance on a quarterly basis.
C. Upon abandonment or discontinuation of use, the person who constructed the facility, the person who operated the facility, carrier, or the property owner shall physically remove the WCF within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
1. Removal of the antenna(s), mounts, equipment cabinets, security barriers, and foundations down to three feet below ground surface;
2. Transportation of the antenna(s), mount, equipment cabinets, and security barriers to an appropriate disposal site; and
3. Restoring the site of the WCF to its preconstruction condition, except any remaining landscaping and grading.
The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition.
D. If a party fails to remove a WCF in accordance with subsection (C) of this section, the city of Raymond shall have the authority to enter the subject property and physically remove the facility. Costs for the removal of the WCF shall be charged to the landowner of record in the event the city of Raymond removes the facility.
E. If there are two or more carriers/operators of a single tower, then provisions of subsection (D) of this section shall not become effective until all carriers/operators cease using the tower. (Ord. 1659, 2002)