The purpose and intent of this chapter is to regulate the design, placement, and construction of wireless communication transmission and/or reception facilities (hereinafter called wireless communications facilities) on public and private property to minimize the potential safety and aesthetic impacts of such facilities on the community, while, at the same time, promoting the availability of wireless communications services to the public. To fulfill these objectives, this chapter is intended:

(a)

To establish development standards to regulate the design, placement, and construction of wireless communication facilities so as to preserve the unique visual character of the town, to promote the aesthetic appearance of the town, and to ensure public safety and welfare;

(b)

To establish development standards that are consistent with federal law and FCC regulations related to the design, placement and construction of wireless communication facilities;

(c)

To acknowledge the community benefit associated with the provision of wireless communications services within the town and to provide for well-designed and well-placed wireless communications facilities, without unreasonable discrimination among providers;

(d)

To pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of wireless communication facilities; and

(e)

To encourage the location of wireless communications facilities in commercial and industrial districts and generally discourage the location of such facilities in residential districts and visually sensitive areas.

(Ord. 866 § 1 (part), 2001)

(a)

"Antenna" is any system of poles, panels, rods, reflecting dishes, wires or similar devices used for the transmission or reception of electromagnetic waves or signals.

(b)

Antenna, Amateur and/or Citizen Band. "Amateur and/or citizen band antenna" is any antenna used by citizen band or amateur radio stations in which the operator is licensed by the Federal Communications Commission.

(c)

Antenna, Building Mounted. "Building mounted antenna" is any antenna mounted to a building or rooftop equipment screen that transmits or receives electro-magnetic signals.

(d)

Antenna, Direct Broadcast Satellite Service (OBS). "Direct broadcast satellite service antenna" is any antenna, usually a small home receiving dish, designed to receive direct broadcast from a satellite.

(e)

Antenna, Ground Mounted. "Ground mounted antenna" is any antenna which is attached or affixed to a freestanding support structure which has its base placed directly on the ground, specifically including, but not limited to monopoles; any antenna which is not mounted on the roof or side of a structure.

(f)

Antenna, Multipoint Distribution Services (MDS). "Multipoint distribution services antenna" is any antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services and local multipoint distribution services.

(g)

"Antenna structure" is an antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

(h)

Antenna Structure, Freestanding. "Freestanding antenna structure" is an antenna structure or mast that is not attached to a building, fence or other such structure. Freestanding antenna structures include communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds fifteen feet it shall be treated as a monopole.

(i)

Antenna Structure, Monopole. "Monopole antenna structure" is an antenna structure often tubular in shape, made of metal, reinforced concrete, wood or other type of materials, which is at least fifteen feet in height.

(j)

"Collocation" is the location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of wireless communication facilities with other types of pre-existing structures including, but not limited to water tanks, light standards, outbuildings and other utility facilities and structures.

(k)

"Equipment cabinet" is a cabinet, structure or building used to house equipment associated with a wireless communication facility.

(l)

"Federal Communication Commission (FCC)" is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite and cable.

(m)

"Hilltop" is any prominent high point of land exposed to view from the surrounding low-lying areas.

(n)

"Monopole" is a single, freestanding pole, post piling, tower or similar structure over fifteen feet in height used to support equipment associated with a wireless communication facility.

(o)

"Related equipment" means all equipment ancillary to the transmission and reception of any signal via radio frequencies. Such equipment may include, but is not limited to, cable, guy wires, conduit, conductors and power lines and their supporting poles.

(p)

"Service provider" means any authorized provider/carrier of wireless communications services.

(q)

"Silhouette" means a representation of the outline or profile of the antenna associated with a telecommunication facility, as seen from an elevation perspective.

(r)

"Stealth design" is a design which blends in with the surrounding environment by means of screening, concealment or camouflage.

(s)

"Wireless communications facility" means wire-less facilities that transmit and/or receive electromagnetic signals, including, but not limited to the following technologies: cellular service, Personal Communication Services (PCS), General Mobile Radio Services (GMRS), Family Radio Service (R/C), Interactive Video and Data Services (IVOS), Low Power Radio Service (LPRS), paging systems, and radio and television broadcast transmission facilities. It includes antennas and all other types of equipment used in the transmission or receipt of such signals, structures designed and placed specifically to support this equipment; associated equipment cabinets and/or buildings; and other accessory development. It includes amateur radio antenna structures that exceed thirty feet in height.

(Ord. 866 § 1 (part), 2001)

(a)

The following development standards shall apply to the development of all new wireless communication facilities:

(1)

Antennas and equipment cabinets shall not be located closer than three hundred feet from a residential structure and one hundred fifty feet from residential property line;

(2)

All wireless communications facilities shall comply with all applicable FCC rules and standards, including those for radio frequency emissions;

(3)

All new wireless communication facilities service providers should collocate with other existing and/or with other planned new wireless facilities whenever feasible and aesthetically desirable. Service providers are encouraged to collocate with other existing facilities such as water tanks, light standards and other utility structures where the collocation is found to minimize the overall visual impact;

(4)

Upon collocation of antennas and/or transmitters, the wireless communication facility provider shall submit to the town the total transmitter output power, including effective radiated power or ERP;

(5)

All wireless communications facilities shall have a stealth design or a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts and to be compatible with the surrounding area;

(6)

Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled;

(7)

Where feasible, the location of wireless communication facilities shall be encouraged to be located on publicly owned property or public easement or right-of-way;

(8)

All equipment associated with a wireless communication facility shall be removed within thirty days of the discontinuation of use, and the site shall be restored to its original preconstruction condition in a manner consistent with continued use by any collocated facility. The town shall be given thirty days notice of intent to discontinue use of the facility prior to discontinuation of use;

(9)

Ground mounted equipment. All ground mounted wireless communication equipment, antennas, poles, dishes, cabinets, structures, towers or other appurtenances shall be:

(A)

Of a minimal functional height or no greater than thirty feet, whichever is less; and

(B)

Sited to be screened by existing development, topography or vegetation to the extent consistent with proper operation of the wireless communication facility. Additional new vegetation and its proper irrigation by the applicant, or other screening, may be required as a condition of approval.

(10)

Roof and building mounted equipment. Roof and building mounted equipment and antennas shall:

(A)

Maintain a two to one ratio (setback to height) for equipment, unless an alternative placement or design would reduce visual impact. Antennas attached to a building shall be painted, screened, or treated to match the exterior of the building or background visible beyond the antenna;

(B)

Avoid being mounted on the peaks of roofs to the greatest extent possible; all other related equipment shall be screened or hidden from view;

(C)

Be treated or screened to match existing walls or screening of air conditioning units, stairs, elevator towers, or other background; placing roof mounted antennas in direct line with significant view corridors shall be avoided;

(D)

All screening of roof and building mounted equipment and antennas shall meet all other requirements of the underlying zoning districts unless a variance is applied for and granted in accordance with the provisions of Chapter 18.28.

(b)

The planning commission may, where circumstances warrant, require that an applicant for a new wireless communications facility meet conditions in addition to those expressly set forth so long as they are consistent with the development standards of this chapter in determining whether to grant or deny approval for a wireless communications facility. The planning commission may attach such conditions as it considers necessary to ensure visual and land use compatibility with the surroundings so as to avoid adverse effects on the health, safety, and welfare of the town's residents, to protect existing vegetation, and to minimize the proliferation of such facilities, including but not limited to:

(1)

If not screened from view, equipment enclosures shall be compatible with the design scale, materials, colors and landscaping of other existing structures on the site;

(2)

Wireless communication facilities shall be constructed and operated in such a manner as to minimize noise impacts on nearby residents and the public. Noise reduction shall be accomplished through the following measures:

(A)

A maximum allowable exterior noise level of sixty dB at the property line of the facility must not be exceeded;

(B)

Any maintenance or testing that will create noise that is audible from residences and other nearby sensitive receptors shall occur between the hours of seven a.m. to five p.m., Monday through Friday, excluding emergency repairs;

(C)

Backup generators shall comply with the same noise standards referenced above and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in accordance with subsection 18.19.030(b)(2)(B) above.

(3)

Additional landscaping or other screening shall be provided as required by the planning commission to ensure that the facility will be screened from view.

(4)

Wireless communications facilities may be required to be installed with multi-lingual signage including the radio frequency hazard-warning symbol identified within FCC regulations to notify persons that the facility could cause exposure to radio frequency emissions.

(c)

Any amateur and/or citizens band antenna operated by a person holding a license issued by the FCC pursuant to 47 C.F.R. Part 97, and used solely in connection with that license, shall be subject to the "minimum practicable regulation to accomplish the local authority's legitimate purpose," in keeping with the order of the FCC known as "PRB-1," FCC 85-506, released September 19, 1985.

(Ord. 866 § 1 (part), 2001)

Wireless communication facilities may be allowed and siting shall be encouraged to be located in public and semi-public facilities, professional and administrative office, and commercial and light industrial districts, provided that the facilities are in compliance with the general development standards provided in Section 18.19.030. In addition the following development standards shall apply:

(a)

Facade or building mounted antennas and the associated mountings shall generally not project beyond a maximum of eighteen inches from the face of the building, and shall be painted to match the background or shall be designed to match architectural features of the building;

(b)

Roof mounted antennas shall comply with the roof and building-mounted equipment requirements under subsection 18.19.030(a)(11). They shall be located in the least visible location and shall not exceed ten feet above the height of parapet line of the building or ancillary roof structures, or the maximum building height of the district, whichever is less;

(c)

The facility satisfies the distance limits from residential structures and residential property lines set forth in subsection 18.19.030(a)(1).

The facilities shall comply with the above development standards unless the applicant establishes, and it is determined by the planning commission, that there is no alternative location for the carrier to provide adequate coverage, and that compliance with these standards would violate applicable federal law governing the construction or placement of the facilities at issue. The burden shall be on the applicant to prove that there are no alternative locations where adequate coverage could be provided and that compliance with these standards would violate applicable federal law.

(Ord. 866 § 1 (part), 2001)

A wireless communication facility may be allowed and located in park, open space and natural habitat areas, provided that the facility is in compliance with the general development standards provided in Section 18.19.030. In addition the following development standards shall apply to the construction or placement of all new or modified wireless communication facilities in open space, and natural habitat districts:

(a)

A minimum lot size of one acre or larger is required;

(b)

All facilities shall be substantially screened from view by existing or new landscaping;

(c)

Special design considerations such as designing facilities to appear as natural features found in the immediate area, such as rocks or trees, shall be considered in approving facilities for such use.

The facilities shall comply with the above development standards unless the applicant establishes, and it is determined by the planning commission, that there is no alternative location for the carrier to provide adequate coverage, and that compliance with these standards would violate applicable federal law governing the construction or placement of the facilities at issue. The burden shall be on the applicant to prove that there are no alternative locations where adequate coverage could be provided and that compliance with these standards would violate applicable federal law.

(Ord. 866 § 1 (part), 2001)

Wireless communications facilities shall not be located in residential districts unless the applicant establishes, and it is determined by the planning commission, that denial of the applicant's request to locate wireless communications facilities in a residential district would violate applicable federal law governing the construction or placement of the facilities at issue. The burden shall be on the applicant to prove that denial of the applicant's request to locate wireless communications facilities in a residential district would violate applicable federal law.

(a)

In those cases where the applicant has met his/her/its burden of proof pursuant to subsection above, in addition to the general development standards provided in Section 18.19.030, the following development standards shall apply to the construction or placement of all new wireless communication facilities in residential districts:

(1)

A minimum lot size of one acre or larger is required;

(2)

Freestanding roof mounted antennae shall not be allowed on residential buildings;

(3)

All facilities shall be substantially screened from view by stealth design and by existing or new landscaping;

(4)

Special design considerations such as designing facilities to appear as natural features found in the immediate area, such as rocks or trees, shall be considered.

(Ord. 866 § 1 (part), 2001)

(a)

Conditional use permit approval as prescribed in Chapter 18-26, Conditional Use Permit, is required for all wireless communications facilities in all zoning districts. Any decision denying an application for a wireless communication facilities shall be in writing and issued within thirty days of the decision.

(b)

Design review approval as prescribed in Chapter 18-30, Design Review, is required for all wireless communications facilities.

(c)

Within thirty days after completion of the wireless communication facility, and on an annual basis thereafter, the service provider shall conduct tests to verify compliance with FCC radio frequency emissions standards and provide such test results to the town. Such testing shall be conducted during normal business hours and on a non-holiday weekday with the facility operating at maximum power and shall measure total radio frequency emissions from the site.

(d)

The applicant shall be required to fund all costs associated with peer review study of any technical information submitted by the applicant with the application or as part of the annual review set forth in subsection (c) above or shall reimburse the town for the costs associated with the independent preparation of such information by the town or its consultants. Such costs shall include, without limitation, the cost of a third-party consultant to verify the predicted and actual measurement of electromagnetic radiation for compliance with current applicable FCC standards and may also include, without limitation, third-party evaluation of the feasibility of alternative facility designs and locations making recommendations on the best location(s) for providing the desired level of service coverage. Costs covered by this section shall include all costs incurred by the town in obtaining peer review, including, without limitation, the consultants' fee and the town's overhead cost associated with staff time expended on administration of the contracts. The carrier shall fund all costs associated with peer review of technical information and/or the town's retention of an independent consultant to measure electromagnetic radiation from the facilities for compliance with current applicable FCC standards as part of the annual review set forth in subsection (c) above.

(e)

A building permit may be required for wireless communications facilities in accordance with Title 15 of the Corte Madera Municipal Code.

(f)

The director of environmental services and/or the planning commission may require technical evaluations and other technical assistance for the purpose of making any determination required by this chapter, including but not limited to confirming compliance with FCC radio frequency emission standards, and identifying alternative solutions when the director of environmental services and/or the planning commission believes that the proposed facilities may create a significant impact to the surrounding area and that there may be alternative solutions and sites that better meet the criteria and legislative intent of this chapter. The cost of these technical services shall be borne by the applicant.

(Ord. 866 § 1 (part), 2001)

(a)

All applications for wireless communications facilities shall include a five-year wireless communications facilities master plan. The master plan shall consist of the following components:

(1)

A brief description of the type of service (i.e., cellular, PCS, etc.) each company/carrier will provide over the wireless communications facilities it plans to site in the town during the next five years;

(2)

Documentation verifying that the applicant's technology and operation of the facility will meet all applicable FCC rules and standards, including those for radio frequency emissions;

(3)

A large-scale map depicting the town of Corte Madera and a minimum five hundred feet of adjacent communities in all directions that shows the applicant's five-year plan for wireless communication facility sites within the area encompassed by the map;

(4)

A five hundred-scale map of the town of Corte Madera depicting the geographic location and boundaries of all coverage areas (search rings) planned by the applicant and the location of the applicant's facilities sites within each coverage area, identified on the map by number. Facilities sites include existing sites, approved sites, proposed (application filed and pending) sites, and planned (applications not yet filed) sites for new, upgraded and abandoned facilities;

(5)

Elevations which depict the height of the proposed facility from finished grade or where mounted to an existing structure, the height above that structure, if any, and the height from finished grade. Also, photographic simulations which represent the scale of the proposed facility in relation to surrounding land uses and the representation of the planned installations stealth design;

(6)

A written list of existing, proposed and anticipated wireless communication facility sites of the service provider over a five-year period;

(7)

A description of the location of each site and the types of installations, including antennas and equipment, at each site;

(8)

Photographs of new and modified installations showing all antennas, transmitters and ancillary equipment;

(9)

Site line analyses from any adjacent residential development or public right-of-ways;

(10)

Copies of all required licenses and approvals for the proposed facilities and the site from all applicable governmental agencies other than the town of Corte Madera;

(11)

A copy of the lease agreement (including terms and conditions) with the property owner(s) of the proposed project site.

(b)

Any modifications to the master plan require an approval by the planning commission.

(Ord. 866 § 1 (part), 2001)

(a)

Wireless communications facilities sited on properties owned or leased by the town.

(b)

Replacement or modification of previously permitted facilities or equipment of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site.

(c)

Video receiving antennas or fixed wireless receivers or transmitters, of one meter or less in diagonal measurement, used solely for the purposes described in Section 1.4000 of the FCC's rules, 47 C.F.R. § 1.4000.

(d)

Satellite earth station (SES) antennas which are two meters or less in diameter or in diagonal measurement located in a commercial or industrial zoning districts. Such antennas may require a building permit and approval of the placement by the director of environmental services to ensure maximum safety is maintained. In order to avoid tripping hazards and the creation of an attractive nuisance, such antennas shall be placed whenever possible, on the top of buildings as far from the edge of rooftops as possible.

(e)

This ordinance shall not be applicable to wireless communications facilities proposed in the public rights-of-way under the town's jurisdiction.

(Ord. 866 § 1 (part), 2001)

The planning commission may grant variances from the development standards of this chapter as prescribed in Chapter 18.28, Variance.

(Ord. 866 § 1 (part), 2001)

All conditional use permits, design review and variance approvals under Chapter 18.19, Wireless Communications Facilities, shall be subject to the provision of Section 18.36.310.

(Ord. 866 § 1 (part), 2001)