The purpose of chapters 17.200, 17.205, 17.210, and 17.220 is to provide specific regulations for the placement, construction, modification and removal of WCF. Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 USC, Chapter 5, Subchapter III, Part I, Section 332(c)(7) and other applicable Town, state and federal rules, regulations, and guidelines, the provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless services, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services.

A.

The goals of these chapters is to:

1.

Encourage the location of towers in nonresidential areas and to minimize the total number of tall towers throughout the Town;

2.

Encourage the joint use of existing tower sites;

3.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the impact on the Town is minimal;

4.

Encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas;

5.

Strongly encourage the providers of wireless services to use concealment technology;

6.

Provide standards for the siting of WCF and other wireless communications facilities (such as television and AM/FM radio towers);

7.

Facilitate the ability of the providers of wireless services to provide such services throughout the Town quickly, effectively and efficiently; and

8.

Prioritize the location of WCF on existing structures such as ballfield lights, transmission towers, utility poles or similar structures, particularly when located on public property.

B.

Accordingly, the Town Council finds that the promulgation of these chapters is warranted and necessary to:

1.

Manage the location of towers and antennas in the Town;

2.

Protect residential areas and other land uses from potential adverse impacts of towers and antennas;

3.

Minimize visual impacts of towers and antennas through careful design, siting, landscaping, screening, innovative camouflaging techniques and concealment technology;

4.

Accommodate the growing need for towers and antennas;

5.

Promote and encourage shared use and co-location on existing towers as a desirable option rather than construction of additional single-use towers; and

6.

Avoid potential damage to adjacent properties through engineering and proper siting of WCF.

(Ord. No. 761, § 1(Att. A), 12-9-2020)

The following definitions shall apply in the interpretation and enforcement of chapters 17.205, 17.210, [and] 17.220 unless the context clearly requires otherwise. Any term or phrase not defined herein shall have the meaning that is given to that term or phrase in chapter 17.06. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory and the word "may" is always discretionary. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein be renumbered or amended, then the reference shall be read to refer to the renumbered or amended provision.

"Approval authority" is the public official, or designee, who has authority under the Darrington Municipal Code to administratively issue project permit approvals.

"Applicant" shall mean and refer to the person, and such person's successor in interest, owning and/or operating the transmission equipment proposed in an eligible facilities modification application to be collocated, removed or replaced.

"Authorized person" is the person, employees, agents, consultants, and contractors, authorized in writing by applicant to complete and submit an eligible facilities modification application on behalf of applicant and who is authorized to receive any notices on behalf of applicant of any action taken by the Town regarding the application.

"Base station" shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.

A.

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).

C.

The term includes any structure other than a tower that, at the time an eligible facilities modification application is filed with the Town under this chapter, supports or houses equipment described in subsections A. and B. of this definition, and that has been reviewed and approved under the applicable zoning or siting process, or under another state, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

D.

The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the Town under this section, does not support or house equipment described in subsections A. and B. of this definition.

"Collocation" shall mean and refer when more than one wireless communications provider mounts equipment on a single support structure (e.g., structure, monopole, lattice tower). The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

"Conceal" or "concealment elements" are transmission facilities designed to look like some feature other than a wireless tower or base station or which minimizes the visual impact of an antenna by use of nonreflective materials, appropriate colors and/or a concealment canister.

"Deemed approved" shall mean and refer to an eligible facilities modification application that has been deemed approved upon the Town's failure to act, and has become effective, as provided pursuant to the FCC eligible facilities request rules.

"Eligible facilities modification" shall mean and refer to any proposed facilities modification that has been determined pursuant to the provisions of this chapter to be subject to this chapter and which does not result in a substantial change in the physical dimensions of an eligible support structure, tower or base structure involving:

A.

Collocation of new transmission equipment;

B.

Removal of transmission equipment; or

C.

Replacement of transmission equipment.

"Eligible facilities modification application" or "application" shall, unless the context clearly requires otherwise, mean and refer to a written document submitted to the Town pursuant to this chapter for review and approval of a proposed facilities modification.

"Eligible facilities modification permit" or "permit" shall, unless the context clearly requires otherwise, mean and refer to a written document issued by the approval authority pursuant to this chapter approving an eligible facilities modification application.

"Eligible support structure" shall mean and refer to any existing tower or base station as defined in this chapter; provided, that it is in existence at the time the eligible facilities modification application is filed with the Town under this chapter.

"Existing" shall, for purpose of this chapter and as applied to a tower or base station, mean and refer to a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process of the Town, or under another state, county or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"FCC" shall mean and refer to the Federal Communications Commission or its successor.

"FCC eligible facilities request rules" shall mean and refer to 47 CFR Part 1 (Part 1—Practice and Procedure), Subpart CC, Section 1.40001, as established pursuant to its report and order in In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, or as may be thereafter amended.

"Microcells" 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 four inches in diameter and no more than six feet in length in accord with RCW 80.36.375.

"Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is either: (i) Four feet in height and with an area of not more than five hundred eighty square inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than forty-eight square feet in floor area.

"Proposed facilities modification" shall mean and refer to a proposal submitted by an applicant to modify an eligible support structure which the applicant asserts is subject to review under Section 6409 of the Spectrum Act, and involving:

A.

Collocation of new transmission equipment;

B.

Removal of transmission equipment; or

C.

Replacement of transmission equipment.

"Service provider" is defined in accord with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.

"Site" shall, for towers other than towers in the public rights-of-way, mean and refer to the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, shall mean and be further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Small cell facility" shall mean and refer to a personal wireless services facility that meets each of the following conditions:

A.

The facilities—

1.

Are mounted on structures fifty feet or less in height including their antennas as defined in subsection 1.1320(d), or

2.

Are mounted on structures no more than ten percent taller than other adjacent structures, or

3.

Do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater;

B.

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in subsection 1.1320(d)), is no more than three cubic feet in volume.

C.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume.

"Small cell network" shall mean and refer to a collection of interrelated small cell facilities designed to deliver personal wireless services as further defined in RCW 80.36.375.

"Spectrum Act" shall mean and refer to the "Middle Class Tax Relief and Job Creation Act of 2012" (Public Law 112-96; codified at 47 U.S.C. 1455(a)).

"Substantial change criteria" shall mean and refer to the criteria set forth in section 17.205.090.

"Telecommunications service" is defined in accord with RCW 35.99.010(7).

"Tower" is any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site.

"Town" shall mean and refer to the Town of Darrington.

"Town Code" shall mean and refer to the codified ordinances of the Town.

"Transmission equipment" is equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associates with wireless communications services including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Undergrounded areas" means public rights-of-way in which wireline utilities have been located or relocated underground.

"Utility pole" is a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.

(Ord. No. 761, § 1(Att. A), 12-9-2020)