Hunts Point City Zoning Code

These standards were developed to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced telecommunications services in the town. These standards were designed to comply with the Telecommunications Act of 1996, the Spectrum Act (Title VI of the Middle Class Tax Relief and Job Creation Act of 2012), and subsequent federal regulatory rule adoptions and amendments. The provisions of this title are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting wireless services. This title shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services.

To the extent that any provision of this title is inconsistent with or conflicts with any other town ordinance, this title shall control. Otherwise, this title shall be construed consistently with the other provisions and regulations of the town.

General. As stated above, the purpose of this chapter is to establish general guidelines for the siting of antenna support structures, equipment buildings, and antennas. The goals of this chapter are to: (a) enhance the ability of wireless service providers to provide such service throughout the town quickly, effectively, and efficiently; (b) encourage wireless service providers to co-locate on new and existing sites, when technologically feasible; (c) encourage wireless service providers to locate facilities, to the extent technologically feasible, in areas where the adverse impact on town residents is minimal; and (d) encourage wireless service providers to configure facilities in a way that minimizes any significant adverse visual impact. Accordingly, the town council finds that the promulgation of this chapter is warranted and necessary:

Compliance Required.

Wireless radio utilized for temporary emergency communications in the event of a disaster;

Radar systems for military and civilian communication and navigation;

Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property;

Routine maintenance or repair of a 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 chapter are observed;

Emergency repair and emergency maintenance; provided, that the building official shall be notified of the necessity for emergency repair or emergency maintenance at the earliest possible time prior to effecting the repair. In the event emergency repair is immediately necessary and such notification cannot be made during working hours, the building official or alternate town official shall be notified no later than 10:00 a.m. of the next working day following the date the emergency repair or emergency maintenance was made. A building permit shall be obtained for all emergency repair or emergency maintenance work subject to the requirements of Chapter 15.10 HPMC, and/or the requirements set forth in this chapter. If a building permit is required, a complete application for a building permit shall be filed no later than 15 days following the date the emergency repair or emergency maintenance was begun;

A COW or other temporary wireless telecommunication facility shall be permitted for a maximum of 90 days or during an emergency declared by the town as a result of a natural disaster.

Any applicant proposing to place a wireless service facility, construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering or other technical evidence that the antenna or facility must be located on the site to satisfy network deployment objectives. Further, the applicant must demonstrate by engineering or other technical evidence that the height requested is the minimum height necessary to fulfill the site's function.

Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider, or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.

Location and design of wireless service facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone.

The order of priorities for locating new wireless service facilities shall be as follows:

An applicant may locate facilities on private property only under the following circumstances:

Minimum Requirements. The placement of wireless service facilities on town-owned property must comply with the following:

Special Requirements for Parks. The use of town-owned parks for wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of wireless service facilities in a park will be allowed only when the following additional requirements are met:

Type of Permit. Where a facility is proposed to be 60 feet or less in height, the applicant shall obtain a site development permit pursuant to Chapter 15.45 HPMC, including the application requirements at HPMC 15.45.070, and comply with all other provisions of this chapter. In the event that a facility is proposed to be more than 60 feet in height, or if the applicant desires to vary from any term or condition herein, the applicant shall instead obtain a special use permit, and comply with all other applicable provisions of this chapter. With respect to the placement of antennas on an existing antenna support structure, the requirements for a site development permit will be applicable, unless the proposal is for an eligible facilities request, which shall be processed according to HPMC 18.43.014.

Application Requirements. A complete application for a special use permit under this chapter shall consist of the following:

Processing of Permits.

Co-location. New macro facilities shall be designed to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. New small wireless facilities are encouraged to be designed to accommodate co-location when technologically feasible.

Architectural Compatibility. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the town, and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.

Setbacks. All facilities shall comply with the minimum setback requirements of the area in which they are located. A special use permit shall be required to vary from the minimum setback requirements, and may only be granted if there are unusual geographical limitations or other public policy considerations as determined in the sole discretion of the town. Such considerations shall include by way of illustration, and not limitation, the following:

Right-of-Way Setback Exception. The setback requirement may be waived by the town if the antenna and antenna support structure are located in town rights-of-way.

View Corridors. Due consideration shall be given so that placement of wireless service facilities do not obstruct or significantly diminish currently existing views of Lake Washington and surroundings.

Color. Antennas and facilities shall have a color generally matching the surroundings or background, in such a way that visibility is minimized, unless a different color is required by the FCC or FAA. Further, all antennas and/or other facilities (including mounting brackets and/or other equipment associated with antennas) attached to a building or support structure shall reasonably color match the building or support structure. Any shrouds for wires and/or cabling shall also reasonably color match the building or support structure.

Lights, Signals, and Signs. No signals, lights or signs shall be permitted on antennas or facilities unless required by the FCC or FAA, unless the facility is installed upon a light standard. Should lighting be required, in cases where there are residents located within a distance which is 300 percent of the height of the antenna, then dual mode lighting shall be requested from the FAA.

Equipment Structures. Ground-level equipment, buildings, and the tower base shall be screened from public view. The standards for equipment buildings are as follows:

Federal Requirements. All antennas and antenna support structures must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate antennas and antenna support structures. If those standards and regulations are changed, then wireless service providers governed by this chapter shall bring their antennas and antenna support structures into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided by federal law. Failure to bring antennas and antenna support structures into compliance with the revised standards and regulations shall constitute grounds for the town to remove a provider's facilities at the provider's expense.

Building Codes, Safety Standards. To ensure the structural integrity of towers, antennas, antenna support structures and facilities, the applicant/owner shall ensure that they are maintained in compliance with standards contained in the applicable town building codes and the applicable standards for antenna support structures published by the EIA, as amended from time to time. If, upon application for a building permit or inspection, the town concludes that an antenna support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice provided to the owner by the town, the owner shall have 30 days to bring the antenna support structure into compliance with such standards. If the owner fails to bring the antenna support structure into compliance within 30 days, the town may remove the antenna support structure at the owner's expense.

Structural Design. Antenna support structures shall be constructed to EIA standards, which may be amended from time to time, and to all applicable codes adopted by the town. Further, any improvements or additions to existing antenna support structures shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time applications for building permits are submitted.

Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each macro facility, unless such facility is located within the rights-of-way or in such other location that fencing would not be appropriate, such as building-mounted facilities. Access to the facility shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide landscaping strip. All landscaping shall meet applicable town code requirements.

Antenna and Antenna Support Structure Height. The applicant shall demonstrate that the antenna and antenna support structure proposed in its application is the minimum height required to function satisfactorily. No antenna or antenna support structure that is taller than this minimum height shall be approved.

Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively impacted by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

Antenna Criteria. Antennas on or above a structure shall be subject to the following:

Co-location Disputes. No wireless service provider, lessee, or agent thereof shall fail to cooperate in good faith to accommodate co-location with competitors with respect to macro facilities. If a dispute arises about the feasibility of co-locating, the building official may require a third-party technical study, at the expense of either or both parties, to resolve the dispute.

Continuing Compliance with Standards. No wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to placing the antenna, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is co-located with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the co-location.

Interference. Wireless facilities installed in, over, under or through the public right-of-way or utility corridor shall not interfere with the existing utilities in the public right-of-way or utility corridor.

Guy Wires Restricted. No guy or support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array or support structure to an existing building to which such antenna, antenna array, or support structure is attached.

Wireless facility antennas and/or individual components of wireless facilities that must be located above ground to function are not subject to any undergrounding requirements otherwise required by the Hunts Point Municipal Code. However, notwithstanding the above, any wires or cabling to the wireless facility shall be undergrounded.

Any facilities placed in town rights-of-way shall comply with the Americans with Disabilities Act (ADA), town construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way.

Side arm mounts for antennas or equipment are prohibited.

The design criteria as applicable to small wireless cell facilities described herein shall be considered concealment elements and such small wireless cell facilities may only be expanded upon an eligible facilities request described in this chapter, when the modification does not defeat the concealment elements of the facility.

For any wireless facilities mounted on nonwooden poles, all conduit, cables, wires, and fiber must be routed internally to the pole. Conduit, cables, wires and fiber extending outside the pole to connect with externally mounted antennas or equipment shall be located within shrouds, canisters, or sleeves reasonably color matched to the pole. For any facilities mounted on wooden poles, all conduit, cables, wire, or fiber must be contained within a sleeve or shroud reasonably color matched to the pole.

All related equipment including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

Small wireless cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. The interruption of architectural lines or horizontal or vertical reveals is discouraged. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building. Small wireless facilities cells shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. All visible components of small wireless cell facilities shall be painted/colored and textured to reasonably match the adjacent building surfaces.

Wireless facilities to be installed on existing or replacement light standards shall use a pole and/or pole extender that is compatible with the base mount, taper, and shall reasonably match the color of the light standard. All antennas must be attached to the very top of the pole. Antennas, pole extenders, and/or any equipment or appurtenances to the pole of any kind must be colored to reasonably match the color of the light standard pole. All cables shall be either routed through the pole or contained within a sleeve or shroud that simulates the same material and color as the existing pole. Exposed cabling/wiring is prohibited. Examples of acceptable cable, radio, and antenna installations on light standards may be contained in the town's standard details/design standards as such may be amended from time to time.

Landscaping. Landscaping, as described herein, shall be required to screen wireless service facilities as much as possible, to soften the appearance of the site. The town may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, on top of a utility pole and/or other equipment, or is housed inside an existing structure, landscaping may not be required.

Screening. The visual impacts of a wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the antenna and antenna support structure, except that the town may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.

Specific Requirements. Examples of the type of landscaping and screening the town may require are:

Maintenance. In the event that landscaping is not maintained at the required level, the town may provide 30 days' advance written notice of such violation to the owner. The owner shall be required to maintain or establish the required landscaping, or be subject to civil penalties as provided in HPMC 18.60.010.

Abandonment. No less than 30 days prior to the date that a wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the town by certified U.S. mail of the proposed date of abandonment or discontinuation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the town's discovery of discontinuation of operation. Upon such abandonment, the provider shall have 60 days (or additional period of time determined in the reasonable discretion of the town) within which to:

At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, town approval for the facility shall automatically expire.

In certain instances, a third-party expert may need to review application materials submitted by a provider. The town may require a technical review as part of the permitting process. The costs of the technical review shall be borne by the provider.

The selection of the third-party expert may be by mutual agreement between the provider and the town, or at the discretion of the town. The expert review is intended to address public safety issues or a review of the provider's methodology and equipment used. Based on the results of the expert review, the town may require changes to the provider's application. The expert review shall address the following:

Approval Body. The hearing examiner shall review, approve, conditionally approve, or deny special use permits.

Application Requirements and Notice. An applicant shall provide all of the information required in HPMC 18.43.007(2). Notice of the application and the public hearing by the hearing examiner shall be given in accordance with Chapter 11.10 HPMC.

Hearing Required. The hearing examiner may act on a special use permit only after a public hearing, as provided in Chapter 11.10 HPMC.

Criteria for Approval. Special use permits are required for wireless facilities and antenna facilities proposed to be more than 60 feet in height, or for those situations in which the applicant desires to vary from any term or condition of this chapter.

Written Decision Required. The hearing examiner's decision to approve, conditionally approve or deny a special use permit shall be in writing, and such findings of fact and conclusions shall be supported by substantial evidence in the administrative record. Any conditions imposed shall be based on the purposes and policy statement of this chapter, as set forth in HPMC 18.43.001 and 18.43.002.

Documentation Requirement for Review. When an applicant asserts in writing that a request for modification is covered by this section, the town will require the applicant to provide documentation or information to the extent reasonably related to determining whether the request meets the requirements of this section. The town shall not require an applicant to submit other documentation, including but not limited to documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities.

Time Frame for Review. Within 60 days of the date on which an applicant submits a request seeking approval for a 6409(a) facility, the town may not deny and shall approve the application unless the town determines the application is not covered by 47 CFR 1.6100.

Tolling of the Time Frame for Review. The 60-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the town determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.

Failure to Act. In the event the town fails to approve or deny a request seeking approval under this section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.