Not an official copy.
Edgewood, WA
Ordinance No. 99-0128
AN ORDINANCE OF THE CITY OF EDGEWOOD, WASHINGTON, REPEALING AND REPLACING ORDINANCE 98-0103 WHICH AMENDED THE CITY ZONING CODE ESTABLISHING NEW REGULATIONS GOVERNING PERSONAL WIRELESS SERVICE FACILITIES.
WHEREAS, the City of Edgewood is currently in the process of preparing its first comprehensive plan; and
WHEREAS, Edgewood is a city that is proud of its rural residential character and desires to preserve that unique community quality; and
WHEREAS, the City of Edgewood has adopted an interim zoning code and map to guide development in the community pending the completion of the comprehensive plan; and
WHEREAS, the City of Edgewood has retained the services of McConnell/Burke, Inc. a consulting firm with recognized expertise in the field of siting wireless communication facilities, to help draft appropriate regulations for the City of Edgewood; and
WHEREAS, the City Council held a public hearing on the proposed new regulations and has mailed copies of the proposal to industry groups for their comments; and
WHEREAS, the City Council has reviewed the public comments and comments from the industry on the proposed regulations, and has made appropriate changes to the draft regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDGEWOOD, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Ordinances Repealed. Ordinance 98-0103 is hereby repealed in its entirety and replaced by Ordinance 99-0128.
Section 2. Amendments. The interim zoning code of the City of Edgewood is hereby amended to include a new chapter to read as follows:
Chapter 34 Personal Wireless Communications Facilities
Purpose. This chapter addresses the issues of location and appearance associated with Personal Wireless Service Facilities (PWSF). It provides adequate siting opportunities through a range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, collocation of several providers' facilities on a single support structure, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the City. This ordinance is subject to periodic review and revision in accordance with the comprehensive plan.
A. Definitions.
1. Abandonment. "Abandonment" or "abandoned" means: (a) to cease operation for a period of sixty (60) or more consecutive days; (b) to reduce the effective radiated power of an antenna by seventy-five percent for sixty (60) or more consecutive days; (c) to relocate an antenna at a point less than eighty (80) percent of the height of an antenna support structure; or (d) to reduce the number of transmissions from an antenna by seventy-five percent for sixty (60) or more consecutive days.
2. Antenna(s). "Antenna(s)" means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, includes, but is not limited to:
a. Whip antenna(s): An omni-directional antenna which transmits and receives radio frequency signals in a 360 degree radial pattern. Typically four inches or less in diameter.
b. Panel antenna(s): A directional antenna which transmits and receives radio frequency signals in a specific directional pattern of up to 120 degrees. Typically thin and rectangular in shape.
c. Tubular antenna(s): A hollow tube typically 12 inches in diameter containing either omni-directional or directional antennas, depending on the specific site requirement. Often used as a means to mitigate the appearance of antennas on top of light standards and power poles.
d. Parabolic (or dish) antenna(s): A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
e. Ancillary antenna(s): An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
3. Collocation. "Collocation" means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area.
4. Electromagnetic field (EMF). "Electromagnetic field" means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
5. Equipment shelter. "Equipment shelter" means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system, and back-up power systems.
6. Microcell. "Microcell" means a wireless communication facility consisting of an antenna that is either: (a) four feet in height and with an area of not more than five-hundred eighty square inches; or (b) if a tubular antenna, no more than twelve inches in diameter and no more than six feet high.
7. Minor facility. "Minor facility" means a wireless communication facility consisting of up to three antennas, each which is either (a) four feet in height and with an area of not more than five-hundred eighty square inches; or (b) if a tubular antenna, no more than twelve inches in diameter and no more than six feet high; and the associated equipment cabinets that is six feet or less in height and no more than forty-eight square feet in floor area. (c) a whip antenna which is 4" or less in diameter and no more than fifteen feet in length.
8. Personal wireless service facility (PWSF). "Personal wireless service facility" means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, reception and transmission devices and antennas and all temporary or portable service facilities.
9. Personal wireless services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47, United States Code, Section 332 (c)(7)(C).
10. Support structure. "Support structure" means any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structures may include the following:
a. Lattice tower. "Lattice tower" means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
b. Guy tower. "Guy tower" means a support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.
c. Monopole. "Monopole" means a support structure which consists of a single steel pole sunk into the ground and/or attached to a concrete pad.
d. Existing nonresidential structure. "Existing nonresidential structure" means existing structures identified in this chapter to which a personal wireless service facility (PWSF) may be attached with certain conditions.
B. Exemptions. The following are exempt from the provisions of this chapter and shall be permitted in all zones:
1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
2. Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.
3. Facilities used for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
4. Wireless radio utilized for temporary emergency communications in the event of a disaster.
5. Licensed amateur (ham) radio stations.
6. Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.
7. Personal wireless service facilities which existed on or prior to February 14, 1998; except that this exemption does not apply to modifications of existing facilities.
8. Routine maintenance or repair of a personal wireless service facility and related equipment, (excluding structural work or changes in height or dimensions of antennas, towers, or buildings) provided that compliance with the standards of this ordinance are maintained
9. Subject to compliance with all other applicable standards of this ordinance, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty (30) days after the completion of such emergency activity.
10. Automated Meter Reading Systems are permitted on utility poles provided any equipment mounted on the poles are less than 14"x12"x12" for the structure and associated antennas are less than 18" from the structure. This exemption shall be allowed in all zoning areas, however structures are allowed only on power poles for the intended use of the power poles owner and may not be leased to other users.
C. PWSF Locations.
1. Zoning Districts. PWSFs may be located in the following zoning districts:
a. Commercial
(1) Provided that any PWSFs must be located within 300' of Meridian Avenue East.
b. Moderate Intensity Employment Center
2. Existing Buildings and Structures. In addition to the zoning districts identified in subsection C.1 above, PWSFs may also be placed on the following existing buildings and structures:
a. Any tower currently used by a permitted PWSF.
(1) Provided that the tower is in full compliance with all terms and conditions of its approval.
b. Mt. View-Edgewood Water Company and City of Milton water tanks.
(1) Provided that only whip antenna, or panel antennas mounted on the side which do not extend above the top of the tank, may be located on water tanks.
c. Microcell and minor facilities may be located on existing non-residential buildings located within 300' of Meridian in the commercial zone.
d. Existing light standards and power poles located in rights-of-way within 300' of Meridian in the commercial, community center, and planned professional campus when the PWSF consists of a single whip not to exceed 15' in height or tubular antenna not to exceed 6' in height and the equipment cabinet is underground.
(1) Provided that the height of the light standard or power pole is not increased but for the height of the antenna.
D. General Provisions
1. Principal or Accessory Use. PWSFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a PWSF on that lot.
2. Not Essential Public Facilities. PWSFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
3. FCC Licensing. 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 an FCC licensed telecommunications provider if they are required to be licensed by the FCC.
4. Lot Size. For purposes of determining whether the installation of a PWSF complies with district development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a PWSF is located on a leased parcel within that lot.
5. Signs. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind.
6. Lighting. PWSFs shall not be artificially lighted unless required by the FAA or other applicable authority.
7. Cumulative Effects. The City shall consider the cumulative visual effects of PWSFs 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 effect the visual character of the city.
8. City Design Standards. All PWSF installations shall comply with all relevant provisions of the City of Edgewood Interim Design Standards.
9. Business Registration. All applicants shall obtain a City of Edgewood business registration, if required, prior to issuance of any permits.
E. Site Development Standards. All PWSFs shall be constructed, erected or built in accordance with Edgewood City Ordinances and with the following site development standards:
1. PWSFs shall be screened or camouflaged through employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies such as, but not limited to artificial trees and hollow flag poles, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties.
2. PWSFs may be mounted on nonresidential buildings and structures with an administrative review and a zoning permit issued by the Director of Community Development provided that the following conditions are met:
a. The PWSF consists of a microcell or a minor facility.
b. The combined antennas and supporting hardware shall not extend more than 15 feet above the roof structure, light or utility pole. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper; and
c. The antennas are mounted on a building, light standard or power pole 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 possible, blend into the existing environment. Panel and parabolic antennas shall be completely screened.
3. New free-standing PWSFs, all non-exempt repair & maintenance, the expansion and/or alteration of existing PWSFs, and all other PWSFs not meeting the criteria for an administrative review will require a Conditional Use Permit to be issued by the City Hearing Examiner and shall conform to the following site development standards:
a. The applicant shall demonstrate that the PWSF tower is the minimum height required to function satisfactorily. No free-standing PWSF shall exceed 45 feet in height from the natural grade of the site. No free-standing PWSF that is taller than this height shall be approved. Height shall be measured to the top of the antenna(s).
b. Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements;
c. Monopoles shall be the only free-standing structures allowed in the City;
d. A free-standing PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; EXCEPT when on a lot adjacent to a residential use or residentially zoned property, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.
e. Free-standing PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
1) Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or,
2) Use existing site features as a background so that the total PWSF blends into the background with increased sight distances.
f. In reviewing the proposed placement of a facility on the site and any associated landscaping the City may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility; and
g. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. Proposed color or color scheme to be approved by the City.
h. The Examiner shall conduct an open public hearing and review all Conditional Use Permits under this chapter.
i. The applicant has the burden of proving that the proposed facility meets all criteria and conditions of this chapter.
j. The Examiner may approve an application for a facility, approve with additional requirements to comply with the criteria of this chapter or approve with additional requirements or modifications to comply with local conditions not envisioned by the criteria of this chapter.
k. The Examiner shall deny an application for a facility if the proposal does not meet the criteria or cannot be conditioned or modified to meet the criteria of this chapter or cannot meet the criteria necessitated by local conditions.
4. Electronics equipment enclosures shall conform to the following:
a. Screening of PWSF 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
b. No wireless equipment reviewed under this Section shall be located within required building setback areas.
5. Security fencing, if used, shall conform to the following:
a. No fence shall exceed 6 feet in height;
b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
c. Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum 3 foot deep area to be planted with approved plant species in a manner that will completely screen the fencing.
F. Collocation. The intent of collocation is to encourage several providers to use the same structure to keep the number of PWSFs sites to a minimum as a means to reduce the overall visual effects throughout the community. The following procedures are required to further the intent of PWSF collocation:
1. A permittee shall cooperate with other PWSF providers in collocating additional antenna on support structures and/or on existing buildings provided said proposed collocatees have received a permit for such use at said site from the City. A permittee shall allow other providers to collocate 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 applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their structure, they must submit a technical study documenting why.
3. PWSFs proposed for collocation on an existing support facility, that do not involve an increase in height or expansion, may be permitted through an administrative review and the issuance of a zoning permit issued by the Director of Community Development.
1) Provided that the applicant can document that the existing support facility is in full compliance with the conditions of its approval.
G. Facility Removal. In instances where a PWSF is to be removed, the removal shall be in accordance with the following procedures:
1. The operator of a PWSF shall notify the City upon the discontinued use of a particular facility. The PWSF shall be removed by the facility owner within ninety (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; and
2. If the provider fails to remove the facility upon ninety (90) days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located. If the landholder fails to remove the facility within ninety (90) additional days, the City may cause the facility to be removed at the owners expense.
H. Electromagnetic Field (EMF) Standards Compliance. All PWSFs shall be operated in compliance with the following standards:
1. The applicant shall comply with Federal standards for EMF emissions. Within six months after the issuance of its operational permit, and annually thereafter, 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 of the City for consistency with the project proposal report and the adopted Federal standards. If on review, the City finds that the PWSF 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.
2. The applicant shall ensure that the PWSF will not cause localized interference with the reception of, but not limited to, area television or radio broadcasts. If on review of a registered complaint the City finds that the PWSF 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.
I. Application Requirements. Applications for a PWSF shall be in a form prescribed by the City of Edgewood and at a minimum shall contain the following information. The Director of Community Development shall issue a written determination when an application has been determined to be complete.
1. Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances;
2. A site plan clearly indicating the location, type and height of the proposed PWSF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, and a complete description of all measures proposed to camouflage the facility including the type and location of plant materials used to screen the facility, and the proposed color schemes for the facility and the method of fencing.
3. A signed statement indicating that (a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location, (b) the applicant and/or landlord agree to remove the facility within ninety (90) days after abandonment, (c) a signed statement from the owner of the site accepting the ultimate responsibility for the removal of abandoned facilities.
4. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
5. Evidence of site control.
6. A current map showing the location and service area of the proposed PWSF, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the City.
7. Legal description of the parcel.
8. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
9. A letter signed by the applicant stating the PWSF will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations.
10. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
11. If the facility is proposed for location in the City right-of-way, evidence of bonding and insurance in amounts prescribed by the City.
12. The application shall include documentation demonstrating compliance with the City of Edgewood surface water requirements.
13. The applicant shall include documentation as to how the proposed facility meets the specific requirements of the City of Edgewood Interim Design Guidelines.
J. Permit Limitations. Approved permits issued by the City for PWSFs shall be restricted by the following permit limitations:
1. A permit for a PWSF shall expire 5 years after the effective date of the permit approval. A permittee wishing to continue the use of a specific PWSF at the end of the 5 year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application will be under an administrative review provided that no changes, modification or additions to the PWSF are proposed or that no new facilities were developed since the date of the permit. Renewal applications that involve any changes, modifications or additions must obtain a conditional use permit and must conform to the development standards in place at the time the renewal application is deemed to be complete.
2. An approved permit shall be valid for 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.
K. Assignment/Sublease.
1. No facility, site or permit may be sold, transferred, assigned or sublet without written notification of and approval by the City. This notification shall include a statement acknowledging and accepting the terms and conditions of all permits issued for the site and/or facility, and
b. Documentation that the site/facility is currently in full compliance with its permits and applicable City ordinances.
c. A statement assuring ongoing compliance with all permits and applicable City ordinances.
L. Fees. It is the policy of the City of Edgewood that applicants pay the full cost associated with processing an application.
1. The City Manager shall establish a base application fee for all PWSF applications. This base application fee shall include the cost of preparing this ordinance and administering it on an ongoing basis.
2. In addition to the application fee, the applicant shall, reimburse the City for costs of professional engineers and other consultants hired by the City to review and inspect the applicant's proposal when the City is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning; Hearing Examiner, environmental review, critical areas review, financial, accounting, soils, mechanical and structural engineering. In the event that a project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the City at a rate of $65/hour for this staff time. The City may require the applicant to deposit an amount with the City to cover anticipated costs of retaining professional consultants or performing special staff analysis.
M. Appeals.
1. Appeals of orders, requirements, interpretations, decisions, or determinations made by an administrative official shall be to the Examiner and must be filed within 14 days following the date of decision. Appeals of orders, requirements, interpretations, decisions, or determination made by the Examiner shall be to Pierce County Superior Court and must be filed within 21 days of issuance of the decision. All appeals must be filed in accordance with the applicable Edgewood City Ordinances and State Law.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances.
Section 4. Effective Date. A summary of this ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication.
Presented to Council for First Reading on January 26, 1999
Presented to Council for Second Reading on February 9, 1999
PASSED BY THE CITY COUNCIL ON THE 9th DAY OF FEBRUARY, 1999.
_________________________________
John F. Powers, Mayor
ATTEST:
_________________________________
Terri Berry, City Clerk
APPROVED AS TO FORM:
__________________________________
Wayne Tanaka, P.S., City Attorney
Ogden, Murphy, Wallace
Date Published: February 12,1999
Effective Date: February 17,1999
CITY OF EDGEWOOD
10319 8th STREET EAST
EDGEWOOD, WA 98372
PH: (253) 952-3299
Fax: (253) 952-3537
_____________________________________________________________________
LEGAL NOTICE
February 10, 1999
NOTICE OF ORDINANCE PASSED BY EDGEWOOD CITY COUNCIL
The following is a summary of an Ordinance passed by the City of Edgewood City Council on the 9th day of February, 1999 and shall take effect and be in full force on February 17, 1999.
ORDINANCE NO. 99-0128 - As Amended
AN ORDINANCE OF THE CITY OF EDGEWOOD, WASHINGTON, REPEALING AND REPLACING ORDINANCE 98-0103 WHICH AMENDED THE CITY ZONING CODE ESTABLISHING NEW REGULATIONS GOVERNING PERSONAL WIRELESS SERVICE FACILITIES.
The full text of the Ordinance is available at the City Clerk's office, Edgewood City Hall,
10319 8th Street E., Edgewood, Washington, 98372, (253) 952-3299.
______________________________________
Bonnie Valens for
Terri Berry, City Clerk
Published in the Pierce County Herald on February 12, 1999.