CHAPTER 9
WIRELESS COMMUNICATIONS SERVICES FACILITIES
WIRELESS COMMUNICATIONS SERVICES FACILITIES
SECTION:
13-9-1: Purpose
13-9-2: Applicability
13-9-3: Exemptions
13-9-4: Prohibitions
13-9-5: General Macro Facility Siting Criteria And Design Considerations
13-9-6: Permits And Shot Clocks
13-9-7: Application Requirements
13-9-8: Eligible Facilities Requests
13-9-9: New Building-Mounted Macro Wireless Communications Services Facilities Standards
13-9-10: New Structure-Mounted Macro Wireless Communications Services Facilities Standards
13-9-11: New Monopole Macro Wireless Communications Services Facilities Standards
13-9-12: Temporary Facilities
13-9-13: Small Wireless Communications Services Facilities Standards (Small Cell)
13-9-14: Abandonment Or Discontinuation Of Use
13-9-15: Maintenance
13-9-16: Definitions
A. The purpose of this chapter is to regulate the placement, construction, modification and appearance of wireless communications services facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the deployment of competitive wireless communications services facilities throughout the City. The purpose of this chapter may be achieved through adherence to the following objectives:
1. Protect residential areas and land uses from potential adverse impacts that wireless communications services facilities might create, including but not limited to negative impacts on aesthetics, environmentally sensitive areas, historically significant locations, and health and safety of persons and property;
2. Establishment of clear and nondiscriminatory local regulations concerning wireless communications services facilities and services that are consistent with federal and state laws and regulations;
3. Encourage providers of wireless communications services facilities to locate facilities, to the extent feasible, in areas where the adverse impact on the public health, safety and welfare is minimal;
4. For macro facilities, encourage the location of those facilities in nonresidential areas and allow macro facilities in residential areas only when necessary to meet functional requirements of the communications industry as defined by the Federal Communications Commission;
5. Minimize the total number of macro facilities in residential areas;
6. Encourage and, where legally permissible, require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, where doing so would significantly reduce or eliminate additional negative impact on the City;
7. Ensure wireless communications services facilities are configured in a way that minimizes the adverse visual impact of the facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, dispersion of unscreened features to lessen the visual impact upon any one location, and through assessment of current location options, siting, future available locations, and innovative siting techniques;
8. Enable wireless communication companies to enter into lease agreements with the City to use city property for the placement of wireless facilities, where consistent with other public needs, as a means to generate revenue for the City;
9. Balance the City's intent to minimize the adverse impacts of wireless communications services facilities with the ability of the providers of communications services to deploy such services to the community quickly, effectively and efficiently;
10. Provide for the prompt removal of wireless communications services facilities that are abandoned or no longer inspected for safety concerns and building code compliance, and provide a mechanism for the City to cause these abandoned wireless communications services facilities to be removed as necessary to protect the citizens from imminent harm and danger;
11. Avoid potential damage to people and adjacent properties from tower failure and falling equipment, through strict compliance with state building and electrical codes; and
12. Disperse the adverse impacts of small cell facilities as evenly as possible throughout the community, especially when joint use does not minimize additional visual impact.
B. In furtherance of these objectives, the City shall give due consideration to the zoning code, existing land uses, and environmentally sensitive areas when approving sites for the location of wireless communications services facilities.
C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize and disperse visual impact, while furthering the development of enhanced communications services in the City. These objectives were designed to comply with the Telecommunications Act of 1996 and its implementing regulations. The provisions of this chapter are not intended to, and any ambiguities herein shall not be interpreted in such a manner that would materially inhibit the deployment of wireless communications services facilities. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless facilities.
D. To the extent that any provision of this chapter conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the City.
E. In reviewing any application to place, construct or modify wireless communications services facilities, the City shall act within federally required time periods. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The City shall approve, approve with conditions, or deny the application in accordance with this title, this chapter, the adopted Orting comprehensive plan, and other applicable ordinances and regulations.
F. Alternative Methods of Compliance: The City Administrator or designee in consultation with other City staff, as applicable, may accept alternative methods of complying with the development regulations of this chapter, provided it can be demonstrated that the alternative method is at least equivalent to such standards in terms of implementing the general purpose of this chapter. The City Administrator or designee shall not accept alternative methods of compliance that are inconsistent with the City Comprehensive Plan or with conditions of approval imposed through a land use action. Decisions on alternative methods of compliance need to be documented in the project file and can be appealable in the same manner as an administrative interpretation. The City Administrator or designee shall periodically forward decisions on alternative methods of compliance to the Planning Commission for its information.
(Ord. 2019-1049, 9-25-2019)
A. Except as provided herein, all wireless communications services facilities shall comply with the provisions of this chapter.
The standards and process requirements of this chapter supersede all other review process, setback, height or landscaping requirements of the Orting Municipal Code.
B. Environmental: All proposed installations are subject to a threshold determination under the State Environmental Policy Act (SEPA) according to Chapter 15-14 OMC unless categorically exempt pursuant to WAC 197-11-800. All proposals are subject to the critical area requirements and the shoreline master program (Title 11 of this code.)
C. Master Permit Agreement Needed:
1. Consistent with RCW chapter 35.99 and Chapter 8-8 of this code, any person, corporation or entity that proposes to locate any portion of a wireless communications services facilities within the City right-of-way must have a valid fully executed master permit with the City before submitting applications for right-of-way construction permits.
2. Wireless providers interested in obtaining a master permit must apply according to the procedures of Chapter 8-8 of this code as well as supplying the following, in order to have a complete application:
a. Submit three valid fully executed master permits that the provider has with other cities in Washington state, PROVIDED THAT, this requirement shall be excused to the extent that the provider does not have sufficient valid master permits in other jurisdictions to meet that requirement;
D. Right-of-Way Construction Permit: A right-of-way construction permit is required prior to performing any work within the City right-of-way pursuant to Title 8 of this code.
(Ord. 2019-1049, 9-25-2019)
The following are exemptions from the provisions of this chapter:
A. Routine maintenance or repair of wireless communication facilities.
B. Radar systems for military and civilian communication and navigation.
C. Handheld, mobile, marine and portable radio transmitters and/or receivers.
D. Satellite antennas, including direct to home satellite services.
E. Licensed amateur (ham) radio stations and citizen band stations.
F. Earth station antenna(s) one meter or less in diameter and located in any zone.
G. Earth station antenna(s) two (2) meters or less in diameter and located in the business and commercial zones.
H. A temporary wireless communications facility or COW installed for providing coverage of a special event such as news coverage or sporting event, subject to approval by the City. The wireless facility shall be exempt from the provisions of this chapter for up to two (2) weeks before and after the duration of the special event.
I. A temporary wireless communication facility or COW installed for a period of up to one hundred eighty (180) days, subject to renewals at the City's discretion, to provide service during repair, replacement, or relocation of an existing facility or construction of a new facility.
J. Subject to compliance with all other applicable standards of this chapter, in the event of an emergency, the emergency provisions of Chapter 8-8 of this code shall be followed.
(Ord. 2019-1049, 9-25-2019)
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