AN ORDINANCE OF THE TOWN OF
SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON RELATING TO WIRELESS COMMUNICATION
FACILITIES.
Whereas, the Federal Telecommunications Act of 1996 (FTA) preserves
local zoning authority to reasonably regulate Wireless Communication Facilities
(WCF), provided however, that the FTA mandates that localities may not
unreasonably discriminate among Federal Communications Commission (FCC) license
holders and that localities may not prohibit or have the effect of prohibiting
WCFs, and that the FTA gives the FCC sole jurisdiction over radio frequency
emissions of WCFs so long as WCFs meet FCC standards; and
Whereas, the Federal Telecommunications Act of 1996 and Washington
State Engrossed Substitute House Bill (ESHB)
2828 restrict and partially preempted a town's authority to regulate
communication facilities; and
Whereas, Wireless Personal Communication Services (PCS) and Wireless
Communication Facilities (WCF) comprise a rapidly growing segment of the
utilities and communications sector and have
merit and value for the community and region as a whole; and
Whereas, WCFs are supportive of the public
health, safety, and welfare in that they provide useful portable
communication services for personal convenience, business and emergency
purposes; and
Whereas, the current zoning code of the Town of South Prairie was
adopted before wireless communication
facilities were anticipated, and therefore, appropriate siting and
development standards do not exist; and
Whereas, the Town previously imposed a moratorium
prohibiting the issuance of permits
for communication facilities of such facilities pending completion of a public
hearing and review process to develop a town ordinance; and
Whereas, the Planning Commission has held a
public hearing at which the public and members of the wireless
communications industry have had an opportunity to speak and present their
concerns and/or objections; and
Whereas, the Town Council finds that enactment of regulations to
permit or conditionally permit wireless communication facilities within the
community to be required by federal law and in the interest of the Town of
South Prairie; and
Whereas, the testimony
presented at the legislative hearing before the Town Council contained no
objection to the reasonableness or impact of the Town's regulations and, more particularly, testimony indicated that the
proposed ordinances wireless communications and related facilities
within the town of South Prairie.
Now,
therefore, the Town Council of the Town of South Prairie, Pierce County,
Washington do ordain as follows:
WIRELESS
COMMUNICATION FACILITIES:
Section 1: Purpose/Goals: The
purpose of this ordinance is to establish appropriate
locations, site development standards, and permit requirements to allow wireless communication facilities within the Town
of South Prairie, in a manner which provides for a wide range of
locations and options for wireless communication providers while minimizing the
unsightly characteristics associated with wireless communication facilities and
to encourage creative approaches in locating wireless communication facilities
which will blend in with the surroundings of such facilities.
The goals of this ordinance are to: (I) encourage
the location of towers in non-residential
areas and minimize the total number of towers throughout the community,
(ii) encourage strongly the joint use of new and existing tower sites, (iii)
encourage users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the
community is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas, and (v) enhance
the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently.
Section 2:
Exemptions and Applicability:
A.
Pre-existing
WCFs - WCFs for which a permit has been issued prior to the effective date
of this ordinance shall not be required to meet the requirements of this
ordinance as further specified in this chapter.
B.
Exclusion
of Amateur Radio Facilities - This ordinance shall not govern the installation of any amateur radio facility
that is owned and operated by a federally-licensed amateur radio station
operator or is used exclusively for receiving only antenna(e).
C.
Exclusion
of small satellite dishes - This ordinance shall not govern the installation of small satellite dishes (i.e., one
meter or less in any land use category
and two meters or less in any industrial or commercial zoning
districts).
D.
SEPA
Exemptions - In accordance with Washington State Engrossed Substitute House
Bill 2828, the following facilities will not require an environmental analysis:
1. A
microcell to be attached to an existing structure that does not include a
residence or a school; and
2.
Personal wireless service antenna(e) attached to an
existing structure which is not a residence or school within commercial,
industrial, forest, and agricultural zoning districts (including existing
towers); and
3.
A personal wireless service tower less than 60 feet in
height located in a commercial, industrial, forest, and agricultural zoning districts.
C. Relationship to Other Ordinances -
This ordinance supersedes all conflicting requirements of other codes and
ordinances regarding the locating and permitting of WCFs.
Section 3: Definitions:
Antenna Array -- is any system
of pole, panels, rods, reflecting discs or similar devices used
for the transition or reception of radio frequency signals. Antennas include
the following types:
1.
Omni-Directional (also known as "whip")
Antenna - receives radio frequency signals in a 360-degree radio pattern, and
which is up to 15 feet in height and up to 4 inches in diameter.
2.
Directional_ (also
known as "panel") Antenna - receives and transmits radio signals
in a directional pattern typically encompassing an arc of 120 degrees.
3.
Parabolic (also known as a "dish") Antenna - is a bowl
shaped device for the reception and/or transmission of radio frequency
communications signal in a specific pattern.
4.
Ancillary Antenna - an antenna that is less than
12 inches in its largest dimension that is not directly used to provide personal
wireless communication services. Such antennas would include global positioning
satellite (GPS) antennas.
5.
Other - All other transmitting and receiving
equipment not specifically
described herein shall be regulated in conformity with
the type of antenna described herein which
most closely
resembles such
equipment.
Ordinance No.: 339
Draft No.: 1
Draft Date: June 30, 1997 Ordinance Requested by:
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Collocation: when one or
more wireless communication providers mount equipment on a single support
structure (i.e., building, monopole, lattice tower).
Equipment shelter or cabinet -- a room, cabinet,
building, or vault used to house equipment for utility or service
providers. Associated equipment may include air-conditioning and emergency
generators.
FAA
-- Federal Aviation Administration.
FCC -- Federal Communications
Commission. The FCC has the power to regulate interstate and foreign
communications by radio, television, wire, satellite and cable.
Related equipment - all equipment ancillary to the transmission and
reception of voice and data via radio frequencies. Such equipment may include, but
is not limited to, cable, conduits and connections.
Support Structures -- structures to which antennas and other necessary
associated
hardware is mounted. Support structures include, but are not limited to transmission
towers, utility poles, and buildings.
Temporary wireless communication facility (Temp WCF) - a WCF which to
be
placed in use for a limited period of time, is not deployed in a permanent
manner, and does not have a permanent foundation.
Transmission tower - a freestanding structure, other than a building, on
which communication devices are mounted. Transmission towers may serve either
as a major or minor
communications facility. Transmission towers include, but are not limited to
the following support structures:
1.
Guyed tower
- a support structure which is usually more than 100 feet tall, and
consists of metal crossed strips or bars and is steaded by wire guys in a
radical pattern around the tower.
2.
Lattice tower
- a support structure which consists of crossed metal braces, forming a tower
which is usually triangular or square in cross-section.
3.
Monopole - a support structure which consists of a
single pole sunk into the ground and/or attached to a foundation.
Wireless communications - any personal
wireless services as defined in the Federal Telecommunications Act of 1996
which includes FCC licensed commercial wireless communications services
including cellular, personal communication services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar
services that currently exist or that may in the future be developed.
Ordinance No.: 339
Draft No.: 1
Draft Date: June
30, 1997 Ordinance
Requested by: Page 4
Wireless
communication facility (WCF) - an unstaffed facility for
the transmission and reception of low-power radio signals consisting of an
equipment shelter or cabinet, a support structure, antennas, and related
equipment. WCFs can be divided into two categories:
A.
Attached
Wireless Communication Facility (Attached WCF) -- an antenna array that is
attached to an existing building or structure (attached structure), which
structures shall include but not be limited to utility poles, water towers,
with any accompanying pole or device which attaches the Antenna Array to the
existing building or structure and associated connection cables, and an
equipment facility which may be located either inside or outside of the
attached structure.
B.
Freestanding wireless communication facilities with support
structures. Section 4: Permits Required:
1.
Building permits. A building permit is required for all telecommunication facilities unless specifically exempted within
Exemptions of this chapter.
2.
Telecommunications Facility Permits. A
Telecommunications Facility Permit is required for all telecommunications
facilities which are not reviewed under a Conditional Use Permit process,
except wireless communication facilities
that collocate on an existing relay tower, where adequate provisions for antennae and ground-mounted equipment exist.
Telecommunication Facility Permits will be
required for all WCF attached to existing structures such as utility
poles, buildings, water towers, etc.
3.
Conditional
Use Permit. A Conditional Use permit is required for any wireless
communications facility requiring the construction of a support structure. The
Conditional Use Permit application shall be reviewed for consistency with the criteria established for the
issuance of a Conditional Use Permit.
Section
5: General Siting Criteria:
Siting criteria for WCFs is necessary to encourage
the siting of those facilities in locations most appropriate based on land use
compatibility, neighborhood characteristics,
and aesthetic considerations. No general siting criteria are necessary for small satellite dishes or amateur
ratio towers because these facilities are allowed within all zoning
districts.
Generally,
collocating on existing WCF towers is encouraged by fewer standards and
less complex permit procedures. Further, attachment of antenna(e) to existing
nonresidential structures and buildings primarily within light industrial and
commercial zoning districts is preferable to new WCF support structures. The
Town may request feasibility studies which demonstrate that locations on
existing structures have been explored as the preferred siting alternative.
Ordinance No.: 339
Draft No.: 1
Draft Date: June 30, 1997 Ordinance Requested by: Page 5
A. Attached wireless communication
facilities: The following sites shall be considered by applicants as the preferred order of
location of proposed wireless facilities including antenna(e),
equipment, and equipment shelters. As
determined feasible, and in order of preference, the sites are:
1.
Existing Towers - On
any existing site or tower where a legal wireless telecommunication facility is
currently located regardless or underlying zoning.
2.
Publicly-Used Structures -
Attached to existing public facilities such as water towers, utility poles, utility
structures, fire stations, and other public buildings within all zoning
districts not utilized primarily for recreational uses.
3.
Light Industrial -
Structures or sites used exclusively for Industrial and manufacturing uses within the Light Industrial zoning districts. These
are areas for more intensive land use and where a full range of public facilities are expected. Attached WCFs within the
LI zoning districts shall require approval by the Design Review Board as
part of the Telecommunications Facility Permit review process.
4.
Commercially zoned sites -
Structures or sites used exclusively for commercial
and office uses. These are areas of more intensive land uses where a
full range of public facilities are expected. Attached WCFs within these zoning districts shall require
approval by the Town Council as part of the Telecommunications Facility
Permit review process.
5.
Residential zones -
Structures or sites which are not used wholly for residential use, including residential accessory structures (e.g.,
detached garages). Where the installation complies with all FCC
regulations and standards, institutional structures, places of worship and
other non-residential sites may be
considered. Attached WCFs within all residential zoning districts shall require approval by the Town Council as part of
the Telecommunications Facility Permit review process.
B. Free-standing Wireless communication
facilities with support
structures WCF
with support structures shall be minimized by collocating wireless facilities
on existing towers. New WCFs with support structures are most appropriately
located within certain Public (P) zoning districts, Light Industrial (LI)
zoning districts, and Highway Commercial Business (HCB) zoning districts,
followed in offer by commercial (CB-1 and CB-2), and business (GO,NB, H) zoning
districts. All new support structure, including monopole and lattice
towers, will require a conditional use permit. New WCFs with support structures
are not allowed within the Agricultural
(AG), and Residential Zoning Districts.
Ordinance No.:
339
Draft No.: 1
Draft Date: June
30, 1997 Ordinance
Requested by: Page 6
Section
6: General Development Standards for all Zoning
Districts: The following
standards shall be applied to all wireless equipment, such as antenna(e) and
equipment shelters. Transmission towers shall meet the standards of Section 7,
in addition to the requirements of this section.
1.
No wireless
equipment reviewed under this section shall be located within required building
setback areas.
2.
The combined antenna(e) and supporting structure
shall not exceed more than 15 feet above the existing or proposed support
structure (i.e., existing tower or building).
3.
No wireless
equipment shall be used for the purpose of signage or message display of any kind.
4.
Location
of wireless communication antenna (e) on existing buildings shall be screened or camouflaged to the greatest
practical extent possible by the use of compatible materials, location,
color, and/or other stealth tactics to maximize compatibility of the antenna(e)
with its support structure.
Screening
of wireless equipment shall be provided with one or a combination of the
following materials: fencing, walls, landscaping, structures, or topography
which will block the view of equipment and structures as practicable from any
street and from the yards and main floor
living areas of residential properties within approximately 500 feet.
Screening may be located anywhere between the base and the above-mentioned viewpoints. All screening shall be reviewed
and approved by the Design Review Board as part of the
Telecommunications facility permit process.
6. A WCF shall be removed by
the facility owner within 12 months of the date
it ceases to be operational or if the facility falls into disrepair and is
not maintained. Disrepair includes
structural features, paint, landscaping, or general lack of maintenance
which could result in safety or visual impacts.
Ordinance No.: 339
Draft No.: 1
Draft Date: June 30, 1997 Ordinance Requested by: Page 7
Section
7: Development Standards for Freestanding WCF with
Support Structures:
1.
Placement
of a freestanding WCF shall be denied if placement of the antenna(e) on an
existing structure can accommodate the operator's communication needs. The
collocation of a proposed antenna(e) in an
existing support structure shall be explored and documented by the
operator in order to show that reasonable efforts are made to identify
alternative locations.
2.
The
Applicant shall demonstrate that the proposal location was selected pursuant to
the siting criteria established in this chapter. WCF support structures shall be denied if an alternative
placement of the antenna(e) on a building or other existing structure
can accommodate the communication needs. Applications shall be required to
provide documentation that reasonable efforts to identify alternative locations
were made.
3.
Owners and
operators of a proposed support structure shall provide information regarding
the opportunity for the collocation of other antenna(e) and related equipment.
If feasible, provisions for future collocation may be required.
4.
WCF support structure shall be reviewed under this section shall not
be located with any required building setback areas.
5.
To the
extent possible and in compliance with FAA safety regulations, specific colors of paint may be required to allow
the support structure to blend better with its setting.
6.
The highest
point of a free-standing support structure, excluding the antenna(e), shall be
a maximum of 60 feet above the finished grade.
7.
Support structures shall meet the setback requirements of the
underlying zoning district unless otherwise established in this ordinance.
8.
A
landscaping plan is required for all new free-standing wireless communication facilities with support structure.
The plan shall meet the criteria established by ordinance.
9.
A
Washington licensed professional engineer shall certify in writing, over his or her seal, that both the construction plans
and final construction of the support structures are designed to
reasonably withstand wind and seismic loads established by the Uniform Building
Code.
10.
All WCF support structures shall be removed by
the facility owner within 12 months of the date it ceases to be operational, or if the
facility falls into
Ordinance No.: 339 Draft No.: 1
Draft Date: June
30, 1997 Ordinance
Requested by:
Page 8
disrepair and is
not maintained. Disrepair includes structural features, paint, landscaping, or
general lack of maintenance which could result in safety or visual impacts.
11. The Town of South Prairie prohibits the
construction of free-standing guyed wire towers within all zoning
districts.
Section 8: Additional
Conditional Use Permit Submittal Requirements for Free-standing WCF
Support Structures: In addition to the information requested in the Conditional Use
Permit Application the following items shall be required for a Wireless Communications
Facility application and review:
1)
A site plan which shows existing and proposed transmission
structures, warning signs, fencing and access restrictions;
2)
A diagram or map showing the visual impact of the proposed structure on that area
within a minimum radius of 500 feet from the site;
3)
A map showing the service area of the
proposed WCF and an explanation of the need for that facility at the
proposed site. The explanation shall also include technological evidence
that the height of the proposed facility is the minimum height necessary
to fulfill the cell site's function.
4)
Landscape Plan.
5) A signed statement
indicating:
a)
The telecommunications company holds a valid license as
required by State and Federal law.
b)
The applicant agrees to allow for the potential
collocation of additional WCF equipment by other providers on the
applicant's structure or within the sane site location;
c)
That the applicant agrees to remove the facility within 12
months after that site's use is discontinued.
d)
A notarized signed
affidavit by the property owner, if different from the facility owner, that the
facility owner has a legal lease agreement, or option to lease
agreement, or grant easement.
Ordinance No.: 339
Draft No.: 1
Draft Date: June 30, 1997 Ordinance Requested by: Page 9
Section 9:
Additional Conditional Use Permit Criteria for WCF Support Structures (e.g.,
monopole and Lattice towers)
1.
Antennas may not extend more than fifteen (15) feet above
their supporting structure, monopole, lattice tower, building or other
structure.
2.
Site location and development shall preserve the
pre-existing character of the surrounding buildings and land uses and the zone
district to the extent consistent with the functions of the communications
equipment. Wireless communication towers shall be integrated through the location and design to
blend on with the existing characteristics of the site to the extent
practical. Existing on-site vegetation shall be preserved to the extent
possible and/or improved, and disturbance of the existing topography shall
be minimized, unless such disturbance would result in less visual
impact of the site to the surrounding area.
3.
Accessory equipment
for WCFs should be located within buildings or placed underground when possible.
When accessory equipment cannot be located in buildings, equipment shelters or
cabinets shall be screened and landscaped in conformance with Town landscape
ordinances.
4.
Except as
specifically required by the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC), transition structures shall:
a)
Use colors which reduce their visual impacts; provided
wooden poles do not have to be painted; and
b)
Not be illuminated, except transmitter building may use
lighting for security reasons which is compatible with the surrounding neighborhood.
c)
Not have obstructing
lighting systems unless an aeronautical study has been completed, stating the
lights are needed.
Section 10: Removal of Abandoned Wireless Communication
Facilities: Any WCFs that is not operated for a continuous period of twelve
(12) months shall be considered abandoned, and the owner of such WCF shall
remove the same within ninety (90) days of notice to the governing authority
that the WCF is abandoned. If such WCF is not removed within the said ninety
(90) days, the governing authority may remove such WCF at the owner's expense.
If there are two or more users of a single WCF, then this provision shall
not become effective until all users cease using the WCF.
Section 11: Technological
Change and Periodic Review: The Town
recognizes that WCFs and communication technologies in general are currently
subject to rapid
Ordinance No.: 339
Draft No.: 1
Draft Date: June 30, 1997 Ordinance Requested by: Page 10
change. Innovations in such things as
switching hardware and software transmission/receiving equipment, communication
protocols, and development hybrid
cable/wireless systems may result in
reducing the impacts of individual facilities and to render specific portions of
this ordinance obsolete. Therefore, the Town shall review this ordinance at
least once every five years or upon request of the Town Council or Planning
Commission.
Section 12: Other: Application and Conditional Use Criteria: Federal Telecommunications
Act 1996 and Washington State ESHB 2828 preemptions. In any proceeding
regarding the issuance of a conditional use permit under the terms of this chapter,
federal law prohibits consideration of environmental effects of radio frequency emissions to
the extent that the proposed facilities comply with the Federal Communications
Commission regulations concerning such emissions. Additionally, ESHB 2828 exempts
microcell telecommunication facilities from the State Environmental Policy Act
review process.
Section 13: If any
provision of this ordinance is determined to be invalid or unenforceable
for any reason, the remaining provisions shall remain in force and affect.
Section 14: This ordinance
shall take effect and be in force five (5) days from and after its
passage, approval and publication as required by law.
__________________
Mayor Dale P. Stubbs
INTRODUCED: 8/5/97
PASSED: 8/5/97
APPROVED: 8/5/97
PUBLISHED: 9/17/97
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Attested:
Acting
Town Clerk/Treasurer Approved as to Form:
Michael J. Reynolds City Attorney
Ordinance No.: 339
Draft No.: 1
Draft Date: June
30, 1997 Ordinance
Requested by: Page 11