Chapter 17.530
WIRELESS COMMUNICATION FACILITIES
Sections:
17.530.010 Purpose and applicability.
17.530.020 Nonconforming uses and structures.
17.530.040 General development standards.
17.530.050 Regulations for nontower and small wireless communication facilities.
17.530.060 Regulations for tower-based wireless communication facilities.
17.530.070 Maintenance and repair.
17.530.080 Abandonment and removal.
* Editor’s Note: Prior Legislative History: This chapter was originally adopted by Ordinance 534 (2016). Ordinance 570 (2019) reenacted the chapter and amended it in its entirety.
17.530.010 Purpose and applicability.
A. Purpose. This chapter includes regulations and development standards for wireless communication facilities (facilities) and related equipment. This chapter applies to facilities located inside and outside a county right-of-way (ROW). These regulations and development standards intend to:
1. Allow for a variety of facility types in many locations.
2. Reduce, preferably eliminate, the visual impact of facilities to surrounding properties.
3. Encourage creative approaches to locating facilities in ways that are compatible with the surroundings.
4. Encourage and facilitate collocation of antennas, support structures and related equipment on existing tower-based facilities or other structures that already support at least one nontower facility.
5. Provide a process to locate and identify new site locations in a comprehensive manner with substantial public participation.
6. Require the use of stealth technology.
B. Exemptions. Each of the following are exempt from the regulations of this chapter and shall not require a permit under this chapter:
1. Maintenance or replacement of existing related equipment with new related equipment that has the same height, width, and appearance, or smaller dimensions and a less intrusive appearance. While a letter of exemption is not required, the maintenance or replacement shall otherwise comply with all applicable regulations.
2. Military and civilian radar, operating within the regulated frequency ranges, for the purpose of defense or aircraft safety.
3. Amateur and citizen band transmitters and antennas, satellite dishes or similar communication facilities used for noncommercial purposes.
4. Two-way communication transmitters used on a temporary basis by “911” emergency services, including fire, police, and emergency aid or ambulance service.
5. Antennas located wholly within another structure and not visible from the outside.
6. Emergency communications equipment during a declared public emergency.
7. A temporary, commercial wireless facility installed for providing coverage of a special event such as a fair, news coverage or sporting event. The wireless facility shall be exempt from the provisions of this chapter for up to two weeks before and after the duration of the special event.
8. A temporary, commercial wireless facility installed for a period of 180 days, subject to renewals at the county’s discretion, to provide service during repair, replacement, or relocation of an existing facility or construction of a new facility.
9. Wireless communication facilities constructed to serve only first responders, such as fire, police and emergency medical response services.
C. Prohibited locations and structures.
1. A facility shall not locate:
a. On single-family residences or on any residential accessory structure.
b. On real property or structures listed, or eligible for listing, on the:
i. National or Washington Registers of Historic Places.
ii. Official historic structures or historic districts lists maintained by the county.
A facility that conducts a Section 106 review through the National Historic Preservation Act (NHPA) of 1966, 54 U.S.C. § 300101 et seq., shall not be prohibited.
c. Where the visual impacts analysis required by Section 17.530.040(B) concludes that a more than moderate visual impact will occur and cannot be mitigated.
2. Tower-based wireless communication facilities are prohibited:
a. When it meets the definition of a guy-wired tower.
b. In areas where utility lines are predominantly located underground.
c. Within 200 feet of the shoreline, as defined in Title 22, “Shoreline Master Program.”
d. Within a critical area or its buffer, as defined in Title 19, “Critical Areas Ordinance.”
e. Within three hundred feet of the boundary line of a municipal park unless the tower-based facility is disguised through stealth technology as a tree, natural feature, or structure (e.g., silo, church steeple, or clock tower) that is compatible with its surroundings and meets the requirements of Section 17.530.040(B), “Visual Appearance.”
3. Related equipment is prohibited in a right-of-way within one hundred fifty feet of a park boundary line, unless the applicant acquires written consent of the county engineer and the appropriate park director.
D. Other Regulations.
1. This chapter regulates only the land use permit from the department. A wireless communication facility may require other permits or review under other local codes or under state or federal law. This includes:
a. Chapter 14.04, “Technical Building Codes,” regarding building permits.
b. Chapter 18.04, “State Environmental Policy Act,” regarding environmental review.
c. Title 11, “Roads, Highways, and Bridges,” regarding right-of-way permits.
The time in review requirements of the Federal Communication Commission (FCC) shall apply separately to each permit.
2. Chapter 21.04, “Project Permit Application Procedures,” shall not apply unless specifically stated in this chapter.
(Ord. 570 (2019) § 24 (part), 2019)
17.530.020 Nonconforming uses and structures.
A. The nonconforming provisions of Chapter 17.570, “Nonconforming Uses, Structures and Use of Structures,” apply, except as provided in this section.
B. Nonconforming wireless communication facilities damaged or destroyed after June 10, 2019, due to any reason or cause may be repaired and restored at the same location. The wireless communication facility (facility) shall otherwise comply with the terms and conditions of this chapter. A complete application, as provided in Section 17.530.030, “Permitting,” to reconstruct the facility shall be filed with the department within one year from the date the structure was destroyed.
C. Nontower and small wireless facilities shall be allowed to collocate upon any existing nonconforming base station or tower-based facilities.
(Ord. 570 (2019) § 24 (part), 2019)
17.530.030 Permitting.
A. Permits Required. An applicant shall obtain a land use permit from the department prior to the installation or construction of any wireless communication facility (facility). This chapter requires a(n):
1. Letter of exemption to:
a. Collocate a nontower facility that does not substantially change an existing, approved facility.
b. Collocate a small wireless facility on any existing structure.
c. Replace a wireless support structure with a support structure of the same height, width, and appearance, or smaller dimensions and a less intrusive appearance.
2. Administrative conditional use permit (ACUP) to:
a. Collocate a nontower facility that substantially changes an existing, approved facility.
b. Collocate a nontower facility on an existing structure that has not previously been approved as a facility.
c. Construct a small wireless facility on a new structure.
d. Locate a tower-based facility within five hundred feet of an existing tower-based facility.
e. Construct a tower-based facility disguised through stealth technology as a tree, natural feature, or structure (e.g., silo, church steeple, or clock tower) that is compatible with its surroundings and meets the requirements of Section 17.530.040(B), “Visual Appearance.”
3. Conditional use permit (CUP) to construct a tower-based facility that does not qualify for an administrative conditional use permit (ACUP) in subsection (A)(2) of this section.
|
Type of Facility |
Number of Days for Decision 17.530.030(H) |
Land Use Permit |
||
|---|---|---|---|---|
|
Letter of Exemption |
ACUP |
CUP |
||
|
Replacement of wireless support structure with a support structure of the same height, width, and appearance, or smaller dimensions and a less intrusive appearance. |
60 |
X |
|
|
|
Collocation: |
||||
|
New or replacement nontower facility that does not substantially change existing facility. |
60 |
X |
|
|
|
New or replacement nontower facility that substantially changes an existing facility. |
90 |
|
X |
|
|
A new nontower facility on a structure not previously approved for facility use. |
90 |
|
X |
|
|
Small wireless facility on any existing structure. |
60 |
X |
|
|
|
New facility and support structure: |
||||
|
Small wireless facility on a new structure. |
90 |
|
X |
|
|
A tower-based facility within 500 feet of an existing tower-based facility. |
150 |
|
X |
|
|
A tower-based facility disguised through stealth technology as a tree, natural feature, or structure (e.g., silo, church steeple, or clock tower) that is compatible with its surroundings and meets the requirements of 17.530.040(B), “Visual Appearance.” |
150 |
|
X |
|
|
Tower-based facility that does not qualify for the Administrative Conditional Use Permit (ACUP) process. |
150 |
|
|
X |
B. Preapplication Meeting. A preapplication meeting (see Section 21.04.120) is encouraged, not required. The meeting may occur by telephone or in person as deemed necessary by the department. The department shall indicate in writing when it agrees that a particular document or specific information is not required for an adequate review of the application.
C. Applications for a Letter of Exemption.
1. All applications must include documentation that the proposed facility, in conjunction with other facilities, shall not generate radio frequency emissions that exceed the standards and regulations of the FCC.
2. Where a new or replaced nontower facility is proposed that does not substantially change an existing facility, the application for a letter of exemption shall contain all information necessary to determine compliance with 47 U.S.C. § 1455(a) and 47 CFR 1.16100, as now or hereafter amended. While no further information in the application is required, all facilities shall comply with Section 17.530.040, “General development standards,” except for Section 17.530.040(A) and (B).
3. Where a small wireless facility on an existing structure is proposed, the application for a letter of exemption shall contain all necessary information to verify that the facility meets the definition of a small wireless facility and to determine compliance with this chapter.
4. Where the replacement of a support structure with a support structure of the same height, width, and appearance or smaller dimensions and a less intrusive appearance is proposed, the application for a letter of exemption shall contain engineer-stamped structural drawings that include:
a. The existing support structure and the proposed support structure.
b. Descriptions of each structure not shown on the drawings.
c. A description of all existing and proposed facilities to be placed on the proposed support structure.
D. Applications for an Administrative Conditional Use Permit (ACUP). An ACUP application shall contain all information necessary to determine compliance with this chapter. Unless noted otherwise, the application requires at least:
1. A site plan drawn to scale.
2. A landscape plan drawn to scale.
3. Except for small wireless facilities, a report describing the proposed facility with technical reasons for its design. The report shall describe the height, dimension, and location of the proposed facility.
4. Documentation that the proposed facility complies with all applicable state and federal laws and regulations, including radio frequency emissions and aviation safety.
5. Documentation that the proposed facility complies with this chapter.
6. A visual impact analysis as described in Section 17.530.040(B)(1).
7. Construction documents for structures:
a. That include a seal and signature of a professional structural engineer, licensed in the state of Washington.
b. Designed to sixty percent completion to consider an application complete for noticing requirements in subsection (G)(2) of this section.
c. Designed to one hundred percent completion prior to a site development activity permit, building permit, or both. Construction documents designed to one hundred percent completion that significantly deviate from the initial submittal will result in denial of the permit.
8. When the facility is located on property not owned by the applicant, a copy of the document that grants the applicant authority to use all areas proposed and needed to comply with this chapter, including but not limited to screening, setbacks, parking, and vehicular and utility access. This submittal item:
a. Includes a letter of authorization with the initial application. The letter must reference all areas proposed and needed to comply with this chapter and shown on the site plan as required by subsection (D)(1) of this section.
b. Must be provided prior to the review of a site development activity permit, building permit, or both.
c. Must include a copy of the document that grants the applicant authority as a condition of approval and cannot be waived. An application will not be approved without legal authorization to use areas that are necessary to approve construction of the facility.
9. If the applicant is not a carrier, proof that an agreement exists between the applicant and a carrier committing the carrier to use the proposed facility in carrier’s service network. This submittal item:
a. Must be provided prior to the review of a site development activity permit, building permit, or both.
b. Will be a condition of approval and cannot be waived. An application will not be approved without such commitment.
10. A State Environmental Policy Act (SEPA) checklist when required by WAC 197-11-800, as now or hereafter amended, and Chapter 18.04.
E. Applications for a Conditional Use Permit (CUP). A CUP application shall contain all information necessary to determine compliance with this chapter. The application requires at least:
1. All information required in subsection (D) of this section, “Applications for an Administrative Conditional Use Permit (ACUP).”
2. Documented actual and reasonable efforts to collocate the facility. The documentation shall demonstrate that the applicant contacted the owners of and sought permission to install a facility on:
a. All existing wireless support structures.
b. Other tall structures or buildings within a one-mile radius of the proposed site.
3. Propagation Studies. The application shall include at least one propagation study that shows wireless coverage or capacity for a tower-based facility that exceeds sixty feet in height.
a. The propagation studies shall include, at a minimum, the following information:
i. The current service and the service for at least two adjustment options at existing sites, if possible.
ii. A description of the type and manufacturer of the proposed transmission/radio equipment.
iii. The frequency range (megahertz band) assigned to the carrier.
iv. The power, in watts, at which the carrier transmits.
v. Any relevant related tests conducted by the applicant or carrier in determining the need for the proposed site and installation. All reasonable designated confidential proprietary information may be redacted.
b. Only an adjustment will be allowed if a study demonstrates that the adjustment will eliminate a coverage or capacity gap.
c. An adjustment may be required as a condition of approval if a study demonstrates that the adjustment will reduce the coverage or capacity gap.
4. Future Collocation. The application shall include:
a. Documentation that the applicant requested Kitsap 911 to determine the feasibility of collocating emergency service communications facilities. The proposed tower-based facility location and technical specifications shall be included with the request.
b. A written commitment that the applicant will allow other antennas to collocate on the tower-based facility where technically feasible.
5. FCC License. Each applicant that proposes a tower-based facility shall submit a copy of its FCC license for the proposed location. The license shall include the name, address, and emergency telephone number for the operator of the facility.
F. Fees. All applications for permits or requests for actions by the county shall be accompanied by a filing fee in an amount established by county resolution. Fees for small wireless facilities must be:
1. A reasonable approximation of the county’s costs.
2. Only objectively reasonable costs.
3. No higher than the fees charged to similarly-situated competitors in similar situations.
G. Notice.
1. Letters of exemption shall not require public notice.
2. ACUPs and CUPs. Within fourteen calendar days from the submission of a complete application, the department shall:
a. Mail notice to every property owner within one thousand two hundred feet of the proposed facility. New small wireless facility support structures located in the right-of-way are exempt from this requirement.
b. Post notice on the property.
The applicant is responsible for all costs associated with such notice. All notices shall contain the applicable information required by Section 21.04.210, “Notice of application,” or be a summary postcard with a link to such information.
H. Time for Review.
1. Completeness.
a. The county shall notify the applicant in writing of any information that is required to complete an application within ten calendar days of filing the application. The permit application automatically expires if the applicant fails to submit the requested information within thirty days of the department’s written request.
b. Prior to the expiration date, the applicant may request an extension to provide the required information. The department may grant up to one thirty-day extension if it is determined that the required studies or information warrants additional time. Financial hardship shall not be considered for extensions of deadlines.
c. Once the applicant has submitted the required information, the county shall notify the applicant within ten days of the submittal if the application remains incomplete.
d. The time tolled between the date of the county’s written notifications to the date all requested information is received shall not count towards the number of days an application is in review for a decision.
e. The county shall follow procedures in Section 21.04.170 when an applicant does not provide information requested by the department regarding a project permit application that has been deemed complete for processing.
2. Letters of Exemption. Once an initial application has been filed, regardless of the deadlines for notice, the county has sixty calendar days, after accounting for the tolling provided above and restart time in review per subsection (H)(5) of this section, to make its final decision on the application and to advise the applicant in writing of such decision.
3. ACUPs. Once an initial application has been filed, the county has one hundred fifty calendar days for tower-based facilities and ninety calendar days for nontower facilities, after accounting for the tolling provided above and restart time in review per subsection (H)(5) of this section, to make its final decision on the application and to advise the applicant in writing of such decision.
4. CUPs. Once an initial application has been filed, the county has one hundred fifty calendar days, after accounting for the tolling and restart time in review per subsection (H)(5) of this section, to make its final decision on the application and to advise the applicant in writing of such decision.
5. Restart Time in Review.
a. Small Wireless Facilities. Submittal of information requested through subsections (H)(1)(a) and (H)(1)(c) of this section shall restart the time in review of an application once. Requests for information by the county after the first restart shall not restart the time in review of an application again.
b. All Other Facilities. Submittal of information requested through subsections (H)(1)(a) and (H)(1)(c) of this section shall not restart time in review of an application.
6. Batching. Applicants for small wireless facilities may batch requests into a single application.
I. Experts. The department may hire any consultant(s) and/or expert(s) necessary to assist the department in reviewing and evaluating an application for a proposed facility. The applicant and/or owner of the facility shall reimburse the county for all reasonable and actual costs of the county’s consultant(s) in providing expert evaluation and consultation in connection with these activities.
J. Approval. The department may approve, conditionally approve, or deny a permit for a facility. Approval or conditional approval may only be granted when the requirements of this chapter have been met. Approval may be revoked as provided in Kitsap County Code.
K. Permit Duration and Extensions. A letter of exemption issued under this chapter expires within twelve months from the date issued if construction is not complete at that time. An administrative conditional use permit (ACUP) or conditional use permit (CUP) issued under this chapter expires within four years from the date issued if construction is not complete at that time. Incomplete construction by the permit expiration date requires submittal of a new permit application. The department may grant one one-year extension when all of the following conditions are met:
1. The extension request is submitted in writing at least thirty calendar days prior to the expiration of the permit.
2. Significant concerns with the extension can be mitigated by minor revisions to the permit.
3. Tangible progress has been made toward completion.
4. An extension would not adversely impact public health, safety or general welfare.
L. Director Interpretations. A director’s interpretation per Section 21.04.040, “Director’s interpretations,” may resolve disputes regarding the interpretation of this chapter.
M. Appeals. A decision on a letter of exemption or an ACUP may not be appealed to the hearing examiner in accordance with Section 21.04.290, “Appeals.”
N. Revoked Permit. The county may revoke a permit pursuant to Section 17.600.010, “Revocation for noncompliance with conditions.” A facility with a revoked permit shall be considered abandoned and subject to Section 17.530.080(B).
(Ord. 570 (2019) § 24 (part), 2019)
17.530.040 General development standards.
A. Height. Wireless communication facilities (facilities) shall not exceed heights authorized in this chapter. Height is measured as the total vertical distance from the ground level, including any base pad, to the highest point of the facility, including any antennas, appurtenances, or related equipment.
B. Visual Appearance. All facilities shall employ the most current stealth technology to be the least visually and physically intrusive. All facilities shall also be aesthetically and architecturally compatible with the surrounding environment and shall be designed to blend with the existing surroundings.
1. Visual Impact Analysis.
a. Compatibility and visual impact shall be determined through a visual impact analysis. The analysis must use maps, photographs, photo simulation, and other appropriate methods to show the existing topographical contours of the area and areas within a one-mile radius where any portion of the proposed facility can be seen. Line of sight includes from the ground to the rooftop of adjacent buildings.
b. When more than a moderate visual impact is likely, the visual impact analysis shall include a visual demonstration, such as the erection of a crane, a balloon in a color similar to that of the proposed structure and of a size not less than four feet and not to exceed six feet, or similar device, used to simulate the proposed dimensions and height of the structure. Ten working days prior to the demonstration, the applicant shall notify:
i. The department.
ii. All properties within eight hundred feet of the parcel where the demonstration will occur. The department shall provide the list of properties within eight hundred feet.
2. More than Moderate Visual Impact. A facility shall not be considered aesthetically compatible with the surrounding land uses if, within a one-mile radius, it results in more than a moderate visual impact. A “more than moderate” visual impact occurs when one or more of the following exist:
a. The facility becomes a predominant feature in the viewscape.
b. The facility disrupts a largely intact and unobstructed view of visually sensitive areas, which are those locations that provide views of one or more of the following: Puget Sound, lakes, large wetland complexes, major streams, valleys and ravines, large tracts of forested land, Mount Rainier, the Cascade mountain range or the Olympic mountain range. These views are particularly sensitive from certain places of the county, including residential areas, commercial areas, major transportation corridors and arterials in rural areas.
c. The facility is not designed and painted to blend in with the surrounding environment.
d. The facility is sited above visually predominant ridge lines.
e. The facility extends forty feet or more above the tree line determined by an analysis of site potential tree height at fifty years (SPTH (50)), based on soil types.
f. Except for small wireless facilities, a nontower facility is proposed in a visually sensitive area and cannot be completely enclosed within the existing structure or camouflaged as another structure compatible with the surrounding environment.
3. Other Visual Requirements. A facility must:
a. Place all required stickers or other identifying labels on the underside of related equipment, or away from public view on ground-mounted equipment, and not near ground level if on a tower-based facility.
b. Place and size antennas and related equipment to blend into the architectural detail of the supporting structure. Paint or another coating may be required to be visually compatible with the support structure.
c. Screen electrical meter cabinets to blend with the surrounding area. Use of smart meters is preferred.
d. For proposed fences, the fence must:
i. Be at least six feet in height and no more than eight feet in height.
ii. Be of a nonobtrusive material, such as a dark vinyl coated chain link that blends with the surrounding area.
C. Lighting.
1. This chapter prohibits all artificially lighted facilities except:
a. Permanent 911 public safety facilities. This includes fire, police and emergency medical response services.
b. Facilities located at a seven-hundred-foot elevation and more than one-half mile from a residential area.
2. The applicant shall provide a detailed plan for lighting if an artificially lighted facility is allowed. The plan shall demonstrate that the proposed lighting does not have a negative impact on adjacent properties and complies with state and federal regulations for lighting. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the county.
3. Any facility needing lighting per FAA regulations shall be altered to avoid the need for lighting unless subsection (C)(1) of this section applies.
4. The department may allow security lighting for ground mounted related equipment. Security lighting shall be directed away from adjoining properties through shielding and arrangement. No more than one footcandle of illumination may leave the property boundaries.
D. Noise. Facility operation and maintenance shall comply with Chapter 10.28, “Noise.”
E. Related Equipment for Small Wireless Facilities.
1. Antennas and antenna elements shall be enclosed within the facility.
2. Antennas and antenna elements unable to be enclosed within the facility require the applicant to demonstrate the inability to do so. In such cases, the antenna and antenna elements shall be within a shroud mounted at the top of the facility. An opaque cover (e.g., dyed film) may be used to cover the antenna face. The offset distance between an antenna and pole must not exceed twelve inches. The shroud and opaque cover:
a. Shall cover all antenna and antenna elements in a single antenna shroud.
b. Shall match the support structure color, finish, and visually conceal all contents and/or wiring to the greatest extent possible. A solid shroud is preferred.
c. Shall be cylindrical for pole facilities and match the pole shaft diameter, when feasible. The shroud diameter shall not exceed 18 inches. Once transitioned from the support structure shaft, the shroud diameter shall remain consistent.
d. Shall not exceed a height of five feet. For light standards, this dimension is measured from the top of the luminaire mast arm attachment point.
3. Antennas and antenna elements unable to be enclosed within the facility or shrouded at the top of the facility require the applicant to demonstrate the inability to do so. In such cases, a shrouded, externally mounted antenna package may be allowed if:
a. The shroud protrudes no more than thirty-six inches from the outer circumference of the support structure.
b. The shroud height does not exceed five feet, mounted longitudinally to the structure shaft.
c. The shroud and all parts of the antenna package are at least seven feet from the ground.
4. A base shroud shall fully enclose all remaining equipment located on the structure. This may include radios not mounted at top of structure, electric meters, and grounding equipment. The base shroud shall:
a. Be structurally sound to fully support the proposed structure and maximize equipment volume.
b. Not exceed a height of six feet.
c. Match the support structure color, finish, and visually conceal and lock all contents and/or wiring to the greatest extent possible. A solid shroud is preferred.
d. Where the facility is a pole, install a shroud that is cylindrical with a maximum consistent diameter of eighteen inches not including small architectural banding features. This diameter may increase up to twenty inches if the location combines multiple carriers or uses.
5. Enclosures separate from the support structure may be allowed if:
a. The applicant demonstrates the inability to enclose or shroud antenna and antenna equipment as prescribed in subsection (E)(4) of this section.
b. The enclosure is no greater than forty-two inches in any dimension.
F. Related Equipment for Nonsmall Wireless Facilities.
1. Antenna and antenna elements must match the support structure color, finish, and visually conceal all contents and/or wiring to the greatest extent possible.
2. Remaining equipment must be placed underground, or enclosed and screened through stealth technology or fencing and landscaping in a screening buffer. The buffer requirement shall be contained in a recorded easement. Vegetation shall not be removed without approval by the department of community development. Fencing shall be a nonobtrusive material such as a dark coated chain link to blend in with the surroundings.
G. Standard of Care. Facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, and all federal, state and county laws and regulations. These include without limitation the most recent editions of the following:
1. American National Standards Institute (ANSI) Code.
2. National Electrical Safety Code.
3. National Electrical Code.
4. All aviation safety standards.
5. All accepted and responsible workmanlike industry practices of the National Association of Tower Erectors or the Telecommunication Industry Association.
H. Wind and Ice. Facility structures shall be designed to withstand the effects of wind gusts and ice. The design shall comply with the American National Standards Institute standard design prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
I. Engineer Signature. Construction documents for structures shall contain a seal and signature of a professional structural engineer, licensed in the state of Washington.
J. Interference. Facilities shall comply with Federal Communication Commission regulations regarding interference.
K. Radio Frequency Emissions. The proposed facility, in conjunction with other facilities, shall not generate radio frequency emissions that exceed the standards and regulations of the FCC. These regulations include at least the FCC Office of Engineering Technology Bulletin 65 entitled, “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.
L. Agreement for Facilities on County Property. The applicant and the county shall execute an agreement to provide terms and conditions to locate a facility on county property. The agreement must:
1. Be completed prior to construction of the facility.
2. Comply with the regulations in this chapter.
3. Be submitted with the application for the facility.
4. Address the following issues:
a. Facilities are subject to the county’s right to fix an annual fee for use and occupancy of the property.
b. A financial security must be submitted to protect the county from the costs and expenses due to a failure to comply with the obligations in this chapter. The amount and form of the financial security shall be decided by mutual agreement. The amount of financial security shall be at least one hundred fifty percent of the cost of the facility unless otherwise agreed.
c. Modifications requested by the county.
i. The county may determine that a change to a facility in the ROW is reasonably necessary under the following circumstances:
(a) To facilitate or accommodate the construction, reconfiguration, completion, repair, relocation, or maintenance of a public project within the ROW.
(b) To accommodate the vacation of ROW or the release of a utility easement.
(c) As required by applicable laws or to protect or preserve the public health, safety, or welfare.
ii. Within sixty days of written notice from the county, the owner or operator of a facility in the ROW shall temporarily or permanently change, alter, relocate or remove part or all of the facility. The department may approve up to two ninety-day extensions when all of the following conditions are met:
(a) The extension request is submitted in writing at least thirty calendar days prior to the expiration of the ninety days.
(b) Any significant concerns with the extension can be mitigated.
(c) An extension would not adversely impact public health, safety or general welfare.
(d) Financial hardship shall not be considered for extensions of deadlines.
iii. Where an emergency exists, following notice from the county, the owner or operator of the facility shall immediately effect a temporary or permanent change, alteration, relocation or removal of part or all of the facility. An emergency includes, but is not limited to, any interference with:
iv. The proper operation of a county-owned light pole, traffic control device, or other county facility.
v. ROW operations or pedestrian facilities.
(Ord. 570 (2019) § 24 (part), 2019)
17.530.050 Regulations for nontower and small wireless communication facilities.
A. Development Regulations. Except as provided in subsection (B) of this section, “Development Regulations in the Public Right-of-Way (ROW),” and in addition to Section 17.530.040, “General development standards,” the following applies to all nontower wireless communication facilities and small wireless facilities (facilities) for which an ACUP is required.
1. Collocation. All facilities shall collocate on existing wireless support structures unless technologically infeasible, in which case the facility may locate on an existing pole or structure.
2. Height. The total height of any facility after installation shall not exceed the maximum height permitted in the underlying zoning district, except where the following are met:
a. The height will not exceed twenty feet above the roof surface.
b. No visual impacts to surrounding properties occurs. Visual impact is measured from the ground or roof of an adjacent building.
B. Development Regulations in the Public Right-of-Way (ROW). The following regulations apply to all nontower and small wireless facilities located in the ROW and for which an ACUP is required. If any conflict exists between these regulations and those elsewhere in this chapter, the regulations herein shall control.
1. Location.
a. All facilities located in the right-of-way shall be located, designed, and installed to match the pole placement and bolt pattern identified by Kitsap County public works design standards.
b. All facilities and related equipment in the ROW shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or inconvenience public use of the ROW.
c. All equipment more than four inches above the ground shall be placed outside of the clear zone or mitigated in accordance with the current edition of the County Road Standards. Ground-mounted related equipment, walls, or landscaping shall be located at least eighteen inches from the face of the curb, sidewalk, or paved pathway.
2. Height. Related equipment located above ground, not mounted to the facility support structure, in the public ROW shall be:
a. Compatible in scale and proportion to the structures upon which they are mounted.
b. The smallest and least visibly intrusive as determined by the visual impact analysis.
c. A height not to exceed four feet from finished grade.
3. Construction Time, Place and Manner. The county shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower facilities in the public ROW based on public safety, traffic management, physical burden on the public ROW, and related considerations. All work shall be performed at the applicant’s expense.
4. Tree Trimming. Tree trimming around facilities shall comply with industry standards. Tree trimming activities that impact traffic require a traffic control plan approved by the department of public works. Trimming that involves a wireless support structure requires submittal of written permission from the owner of the structure to the county. The county shall not be liable for any damages, injuries, or claims arising from the applicant’s actions under this subsection.
(Ord. 570 (2019) § 24 (part), 2019)
17.530.060 Regulations for tower-based wireless communication facilities.
A. Development Regulations. Except as provided in subsection (B) of this section, “Development Regulations in the Public Right-of-Way (ROW),” and in addition to Section 17.530.040, “General development standards,” the following applies to all tower-based wireless communication facilities (facilities) for which an ACUP or CUP is required.
1. Modification or Collocation.
a. New tower-based facilities that exceed sixty feet in height and require a CUP are prohibited unless a propagation study shows coverage or capacity gaps cannot be filled through other means. Technical evidence shall demonstrate the inability to fill coverage or capacity gaps through related equipment, such as repeaters or antennas installed on existing structures to extend or infill service.
b. A new tower-based facility that requires a CUP and is within one mile of an existing wireless support structure may not exceed forty feet in height unless collocation has been actually and reasonably considered and, despite good-faith efforts, the nontower facility cannot be accommodated on an existing structure or building for one of the following reasons, or cannot be sited on land owned and maintained by the county:
i. The proposed antenna and related equipment exceeds the structural capacity of the existing building, structure or tower.
ii. The proposed antenna and related equipment causes radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented.
iii. The existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
iv. An agreement could not be reached with the owner of such building, structure, or tower after a good-faith effort.
2. Location.
a. The location of a tower-based facility that exceeds sixty feet in height and requires a CUP shall be necessary to provide coverage or capacity for the gap shown in the propagation study for the service area.
b. The location shall be the least visually intrusive to the surrounding community or shall be the only viable location to provide coverage or capacity for a gap shown in a propagation study, when required through Section 17.530.030(E)(3).
3. Height.
a. A tower-based facility shall be constructed to:
i. The minimum functional height when applicable. A propagation study, when required through Section 17.530.030(E)(3), will state a minimum functional height necessary for a tower-based facility to fill a gap in coverage or capacity.
ii. Not exceed forty feet taller than surrounding tree height.
iii. Not exceed two hundred feet.
b. Tower-based facilities over forty feet in height shall be equipped with an anti-climbing feature.
4. Related Equipment.
a. Ground-mounted related equipment associated, or connected, with a tower-based facility must be placed underground, or enclosed and screened through stealth technology or fencing and landscaping in a screening buffer. The buffer requirement shall be contained in a recorded easement. Vegetation shall not be removed without approval by the department of community development. Fencing shall be a nonobtrusive material such as a dark coated chain link to blend in with the surroundings.
b. All related equipment, utility buildings and accessory structures shall be architecturally and aesthetically designed to blend into the environment in which they are situated and meet the minimum setback requirements of the underlying zone.
5. Signs. Tower-based facilities shall post an easily visible emergency contact sign. The sign shall include the name and phone number for a point of contact in case of an emergency. No other sign is allowed except those required by the FCC or other federal or state agencies.
6. Use of Property and Setbacks.
a. Sole Use. A tower-based facility may be allowed as the only use on a parcel if:
i. The parcel is at least six thousand square feet; and
ii. The distance between the base of the tower-based facility and the nearest property line is at least one hundred ten percent of the proposed height of the tower-based facility.
b. Combined Use. A tower-based facility may be allowed with an existing use, or on a vacant parcel in combination with another use, subject to the following minimum conditions:
i. The nonfacility use on the property is any allowed use in the zone, except residential, and need not be affiliated with the facility.
ii. The lot:
(a) Complies with the dimensional requirements of the zone; and
(b) Is sufficiently sized to accommodate the tower-based facility and any equipment buildings, security fences, buffers and setbacks.
iii. The minimum distance between the base of a tower-based facility and the nearest property line is at least one hundred ten percent of the proposed tower-based facility height or the minimum setback of the underlying zone, whichever is greater.
7. Screening, Landscaping, and Fencing.
a. A tower-based facility disguised through stealth technology as a tree, natural feature, or structure (e.g., silo, church steeple, or clock tower) that is compatible with its surroundings and meets the requirements of Section 17.530.040(B), “Visual Appearance,” shall be exempt from the tower screening requirements in subsections (A)(7)(b) and (d) of this section. Related equipment screening requirements still apply.
b. Tower-based facilities shall be screened with landscaping or other screening features. This requirement applies to all associated equipment shelters, cabinets, and other ground-mounted related equipment.
c. Existing trees, shrubs, and other vegetation shall be preserved to the maximum extent possible. Removal of existing vegetation requires prior approval from the department. Existing vegetation used to screen shall provide, through size and density, adequate, long-term screening. The existing vegetative buffer shall surround the entire facility and be at least five feet wide.
d. Screening shall maximize coverage and visually cover at least seventy-five percent of the height of the tower-based facility. Recommended species for screening of tower-based facilities include Douglas fir, big leaf maple, and western red cedar. Planting height shall be at least six feet for an evergreen tree or two-inch caliper for a deciduous tree. Deciduous trees shall not exceed twenty-five percent of the trees used for screening. An analysis of the site potential tree height at fifty years (SPTH (50)), based on soil types, is required.
e. The department may require additional screening to adequately screen adjacent residential properties based on site-specific conditions.
f. The department may allow a combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping. The combination of features must:
i. Achieve the same degree of screening.
ii. Be consistent with surrounding vegetation.
iii. Not obstruct or interfere with the use of the ROW or county work.
g. Screening requirements shall be recorded as a covenant running with the permit.
8. Access Road. Tower-based facilities shall provide adequate emergency and service access to the facility. An access road, turnaround space and parking shall be provided. The access must:
a. Maximize to the extent practicable the use of existing public or private roads.
b. Match road grades to natural contours to minimize visual disturbance, soil erosion, and stormwater impacts.
c. Where the access road is not owned by the applicant, a copy of an easement authorizing the use of the access road shall be submitted to the county.
9. Parking. One tower-based facility requires at least one off-street parking space.
10. Future Use. A proposed tower-based facility shall be designed structurally, electrically, and in all respects to accommodate both the proposed antennas and comparable antennas in the future.
B. Development Regulations in the Public Right-of-Way (ROW). The following additional regulations apply to all tower-based facilities located in the ROW. If any conflict exists between these regulations and those elsewhere in this chapter, the regulations herein shall control.
1. Location.
a. All facilities located in the right-of-way shall be located, designed, and installed to match the pole placement and bolt pattern identified by Kitsap County public works design standards.
b. Tower-based facilities are prohibited from locating in the ROW in front of the facade of any structure facing the ROW.
c. Tower facilities and related equipment in the ROW shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or inconvenience public use of the ROW.
d. All equipment exceeding four inches above the ground shall be placed outside of the clear zone or mitigated in accordance with the current edition of the County Road Standards. Ground-mounted related equipment, walls, or landscaping shall be located at least eighteen inches from the face of the curb, sidewalk or paved pathway.
e. Unless approved by the county engineer, ground-mounted related equipment is prohibited in a ROW when:
i. The ROW width is fifty feet or less.
ii. Exclusively single-family residential lots front both sides of the street.
2. Height. Tower-based facility height in the ROW shall not exceed forty feet.
3. Design Requirements. Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features.
4. Construction – Time, Place and Manner. The county shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. All work shall be performed at the applicant’s expense.
5. Tree Trimming. Tree trimming around facilities shall comply with industry standards. Tree trimming activities that impact traffic require a traffic control plan approved by the department of public works. Trimming that involves a wireless support structure requires submittal of written permission from the owner of the structure to the county. The county shall not be liable for any damages, injuries, or claims arising from the applicant’s actions under this subsection.
(Ord. 570 (2019) § 24 (part), 2019)
17.530.070 Maintenance and repair.
To the extent permitted by law, the following maintenance and repair requirements shall apply:
A. All wireless communication facilities (facilities) shall be fully automated and unattended. Visitation for maintenance or emergency repairs is allowed.
B. At all times facilities shall be kept and maintained in good condition, order and repair to eliminate danger to life or property. Maintenance and repairs must:
1. Be completed by qualified maintenance and construction personnel.
2. Use the best available technology for preventing failures and accidents.
C. Graffiti. Graffiti on a facility shall be promptly removed at the sole expense of the owner or operator. The owner or operator shall remove graffiti within fourteen calendar days of the date of county notice.
D. Replacement of a support structure with a support structure of the same height, width, and appearance, or smaller dimensions and a less intrusive appearance, requires a letter of exemption per Section 17.530.030(C). All other support structure replacements require a permit per Section 17.530.030.
(Ord. 570 (2019) § 24 (part), 2019)
17.530.080 Abandonment and removal.
A. Abandonment.
1. Notice of Intent to Abandon. The owner or operator of a facility shall provide written notice to the department of the intent to abandon a facility.
2. Nonfunctioning facilities regulated by this chapter that remain unused for a period of three hundred sixty-five days shall be considered abandoned. This presumption may be rebutted by a showing that such utility or device is an auxiliary, back-up, or emergency utility or device not subject to regular use or that the facility is otherwise not abandoned.
3. Effective Date of Abandonment. Abandonment takes effect thirty days after notice is received or after the end of the rebuttable presumption period.
B. Removal.
1. All abandoned facilities, or portions thereof, shall be removed within ninety days of abandonment, unless a time extension is approved. The department may approve up to two ninety-day extensions when all of the following conditions are met:
a. The extension request is submitted in writing at least thirty calendar days prior to the expiration of the ninety days.
b. Any significant concerns with the extension can be mitigated by minor revisions to the permit.
c. Tangible process has been made toward abandonment.
d. An extension would not adversely impact public health, safety or general welfare.
2. Removal shall include restoring all affected property to substantially the same condition as it was immediately before the installation of the facility, including restoration or replacement of any damaged trees, shrubs or other vegetation, unless another arrangement is made with the property owner.
3. Removal and site restoration shall be completed at the sole expense of the owner or operator of the facility.
(Ord. 570 (2019) § 24 (part), 2019)