Chapter 18.170
WIRELESS COMMUNICATION FACILITIES

Sections:

18.170.010    Purpose.

18.170.020    Exemptions.

18.170.050    General provisions.

18.170.100    Application requirements.

18.170.010 Purpose.

The purpose of this chapter is to provide the standards and requirements under which minor and personal wireless communication facilities may be permitted. In establishing and administering these standards and requirements it is the intent of the city to:

A. Protect the historic character of the community;

B. Minimize the visual impacts associated with wireless communications technologies;

C. Reduce visual clutter in the city; and

D. Promote the co-location of facilities on existing buildings or structures. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.010)), 2010.]

18.170.020 Exemptions.

The following are exempt from the provisions of this chapter and shall be permitted in all zones:

A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC;

B. Facilities used for purposes of public safety, such as, but not limited to, police and the regional 911 system; and

C. Wireless radio utilized for temporary emergency communications in the event of a disaster. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.020)), 2010.]

18.170.050 General provisions.

All minor wireless communication facilities must comply with the following provisions:

A. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with a FCC-licensed telecommunications provider if they are required to be licensed by the FCC.

B. All project sponsors of minor wireless communication facilities shall obtain and maintain a city of Roslyn business license prior to issuance of any permits.

C. No construction activities associated with permits issued by the city may be initiated until written documentation that all required federal permits and approvals have been submitted for city review and approval and a written authorization to proceed has been issued by the city.

D. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.

E. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.

F. All minor wireless communications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent in accordance with the provisions of the International Building Code as adopted by the city of Roslyn. Temporary and mobile commercial facilities are not allowed.

G. The city shall consider the cumulative visual effects of wireless communication facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.

H. It is the intent of the city to encourage several providers to use the same building, structure, or site to keep the number of wireless communication facility sites to a minimum as a means of reducing the overall visual effects throughout the community.

1. Project sponsors shall cooperate with other wireless communication providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed co-locatees have received a permit for such use at said site from the city. A project sponsor shall allow other providers to co-locate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).

2. A signed statement indicating that the project sponsor agrees to allow for the potential co-location of additional WCF equipment by other providers on the applicant’s structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future co-location is not possible on its site, the applicant must submit a technical study documenting that such co-location is not possible.

I. Minor wireless communication facilities proposed to be located on legally conforming, non-residential buildings and structures including, but not limited to, water towers, clubhouses, office buildings, retail buildings, industrial buildings, government buildings, churches, light standards in parking lots and sports fields, bridges, power poles and towers may be permitted; provided, that:

1. The combined antenna(s) and support structure shall not extend more than 15 feet above the existing or proposed roof structure. Antenna(s) may be mounted to rooftop appurtenances, provided they do not extend beyond 15 feet above the roof proper; and

2. The antennas are mounted on the building such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment.

J. Minor wireless communication facilities shall be screened or camouflaged by employing the best available technology as determined by the city. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the city.

K. Minor wireless communication facilities may be placed in the city right-of-way, provided the facility is placed on a light standard or power pole and the equipment cabinet is placed in the ground.

L. Electronics equipment enclosures shall conform to the following:

1. Screening of equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and

2. No wireless communication facilities may be located within required building setback areas.

M. Security fencing, if used, shall conform to the following:

1. No fence shall exceed six feet in height;

2. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials, including approved plant species, in a minimum three-foot-wide area.

N. The operator of a minor wireless communication facility shall notify the city upon the discontinued use of a particular facility. The wireless communication facility shall be removed by the facility operator within 90 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.

1. If the provider fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located.

O. Nothing in this title shall operate to restrict or limit the city’s ability to adopt and enforce all appropriate ordinances’ requirements for telecommunications carriers’ and providers’ use of the rights-of-way and public property, procedures for application and approval of telecommunication business registrations, telecommunications rights-of-way use authorizations, franchises and facilities leases, and describing violations and establishing penalties. Nothing in this chapter shall operate to release in whole or in part any applicant for a wireless communication facility from the obligation to comply with such ordinances, rules and regulations of the city of Roslyn.

P. The city reserves the right to review any currently approved wireless communication facility use under federal, state, or local regulations as they exist now or may be amended in the future. If the city reviews any wireless communication facility it shall give the operator of the facility at least three months’ written notice to prepare any information needed to review the wireless communication facility. The renewal application will be under an administrative Class 1 review. In ruling on said renewal, the city shall consider all the existing regulations and law affecting the application that is appropriate to the technology and use.

Q. All wireless communication facilities shall be operated in compliance with the following standards:

1. The applicant shall comply with federal standards for electromagnetic field (EMF) emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval by the city for consistency with the project proposal report and the adopted federal standards. If on review the city finds that the wireless communication facility does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed pursuant to the provisions of this chapter.

2. The project sponsor shall ensure that the wireless communication facility will not cause localized interference with the reception of area television or radio broadcasts. If on review of a registered complaint the city finds that the wireless communication facility interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed pursuant to the provisions of this chapter.

R. Construction of an approved wireless communication facility shall commence within one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.

S. The project sponsor of a wireless communication facility shall and does, upon approval of the permit, agree to indemnify, protect, defend, and hold harmless the city, its council members, planning and historic preservation commission members, officers, employees, agents, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney’s fees incurred by the city arising directly or indirectly from: (1) the city’s approval and issuance of the permit; (2) the city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated in the permit; and (3) the installation and operation of the facility allowed by the permit, including, without limitation, any electromagnetic fields or other energy waves or emissions. Project sponsors’ compliance with this indemnity provision is an express condition of the permit, and this indemnity provision shall be binding upon any and all of the permittees/operators, successors, and assigns. By signing the application for a wireless communication facility the project sponsor, the applicant, and all associated lessors and lessees agree to be bound by this provision. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.050)), 2010.]

18.170.100 Application requirements.

Applications for a minor wireless communication facility shall be on a form prescribed by the city. In addition to the general application requirements the applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that serve to convey all of the following information:

A. A legal description of the parcel(s) and parcel number(s);

B. Copies of any environmental documents required by any federal, state, or local agency, including the city if applicable. These shall include the environmental assessment required by FCC Para. 1.1307 or State Environmental Policy Act (SEPA), if required by the city. In the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;

C. Photosimulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances;

D. A current map showing the location and service area of the proposed wireless communication facility, and a map showing the locations and service areas of other wireless communication facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;

E. The proposed method of camouflage, the finished color, and illumination method, and the proposed method of fencing and/or security measures if applicable;

F. A letter signed by the applicant stating the wireless communication facility will comply with all FAA regulations and all other applicable federal, state and local laws and regulations;

G. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;

H. A signed statement indicating that (1) the applicant and landowner agree they will diligently negotiate in good faith as determined by the city to facilitate co-location of additional wireless communication facilities by other providers on or within the same site location; and (2) the applicant and/or landlord agree to remove the facility within 90 days after it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned;

I. An indemnification agreement in a format prescribed by the city signed by the project sponsor and other parties that may be required by the city that indemnifies, protects, defends, and holds harmless the city, its council members, planning and historic preservation commission members, officers, employees, agents, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney’s fees incurred by the city arising directly or indirectly from (1) the city’s approval and issuance of the permit; (2) the city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated in the permit; and (3) the installation and operation of the facility allowed by the permit, including, without limitation, any electromagnetic fields or other energy waves or emissions. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.170.100)), 2010.]