The purpose of this Chapter is to provide a means to approve land uses not specifically identified as allowed uses when they are compatible with the zone. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to special use permits other than special use permits for mining, which are regulated by SCC Chapter 14.52. (Ord. O20250005 § 2 (Exh. A))

(1)    There are two types of special use permits:

(a)    Administrative special use permits; and

(b)    Hearing Examiner special use permits.

(2)    The decisionmaker and type of review for each type of special use permit is as specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))

(1)    In addition to the general application requirements of SCC 14.06.230, an application for a special use permit must include a narrative or other information that describes:

(a)    How the proposed use will comply with the requirements of SCC 14.51.050;

(b)    How the proposed use will comply with each of the applicable use standards, and any specific application requirements, in SCC Chapter 14.18;

(c)    The proposed use;

(d)    The days and hours the use will be open;

(e)    The number of employees the use will have on site and off site;

(f)    Employees’ working hours;

(g)    The location and size of any signs proposed to advertise the use;

(h)    How the use would be screened (e.g., fences, landscaping) from public view;

(i)    The proposed parking area;

(j)    The schedule, including any phasing, for development of the use;

(k)    The expected traffic impact of the use on public roads;

(l)    Any internal road system the use will have;

(m)    How the use will be accessed;

(n)    Any heat from machinery or equipment that the use will generate;

(o)    Any noise, odors, steam, smoke, dust, or vibrations the use will generate;

(p)    Any heavy equipment or machinery the use will use;

(q)    Any chemicals, waste oil, solvents, fuel, etc., the use will use or store;

(r)    A plan for disposal of any chemicals;

(s)    A plan to prevent trespassing by employees, customers, or visitors to adjoining property;

(t)    Any building to be used or constructed, including the size, height and construction type;

(u)    The sewage disposal plan for employees and the public;

(v)    The water supply for employees and the public;

(w)    Any fire flow issues and how they will be addressed.

(2)    Any building involved in the use must be shown on the site plan.

(3)    The burden of proof is on the applicant to provide evidence in support of the application. (Ord. O20250005 § 2 (Exh. A))

(1)    The criteria for review of an application for a special use include the following:

(a)    The proposed use complies with Skagit County Code;

(b)    The proposed use will not adversely affect or prevent those uses normally allowed in the zone;

(c)    The proposed use will be compatible with existing and planned land uses;

(d)    The proposed use will comply with the performance standards of SCC Chapter 14.20;

(e)    The proposed use will not generate intrusions on privacy of surrounding uses;

(f)    The proposed use will not cause potential adverse effects on the health, safety, and welfare of the community or general public;

(g)    The proposed use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding areas, or conditions can be established to mitigate adverse impacts on such facilities;

(h)    The proposed use will maintain the character, landscape, and lifestyle of the rural area;

(i)    For special uses in Industrial Forest—Natural Resource Lands, Secondary Forest—Natural Resource Lands, Agricultural—Natural Resource Lands, and Rural Resource—Natural Resource Lands, the impacts on long-term natural resource management and production will be minimized.

(2)    For new uses, proximity to existing businesses operating via special use permit must be reviewed and considered for cumulative impacts. Approved special uses identifiable through the Department’s permit tracking system must be mapped upon request. (Ord. O20250005 § 2 (Exh. A))

(1)    The decisionmaker may approve, approve with conditions, or deny an application.

(2)    The decisionmaker must include conditions requiring the use to comply with any applicable use regulations in SCC Chapter 14.18. (Ord. O20250005 § 2 (Exh. A))

The Hearing Examiner has the authority to order that a special use permit (including an administrative SUP) be revoked, suspended, or modified based on a finding that the conditions have not been satisfied by the applicant. The Director or party of record may request a review by the Hearing Examiner on a special use permit subject to the type of review specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))

(1)    A property owner operating a use pursuant to an issued, active special use permit must annually report in writing to the Department:

(a)    Whether the use is ongoing; and

(b)    Whether the use complies with the special use permit approval, including any conditions of approval.

(2)    A use that is not certified as ongoing and in compliance pursuant to Subsection (1) of this Section, or that the Director reasonably believes is not ongoing or in compliance, is subject to a determination of abandonment per SCC Chapter 14.07 or enforcement per SCC Chapter 14.09, or both. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to special use permits for mining operations. (Ord. O20250005 § 2 (Exh. A))

In addition to the requirements of SCC 14.06.230, an application for a mining operations special use permit must include:

(1)    The following information on maps in an 11-inch by 17-inch format size:

(a)    A vicinity map with a north arrow indicating the area on which the extraction operation is proposed, including a legal description, showing right-of-way width of access roads to the proposed site from the nearest community and any roads proposed on the site, and showing zoning of adjacent properties and land uses within five miles of the area proposed for mineral extraction and related activities;

(b)    A pre-mining map drawn to scale with an appropriate scale bar showing the permit area and buffers, elevations and contours, natural slopes and other drainage patterns, boundaries of municipalities, boundaries of property ownership, names and addresses of adjacent property owners, locations of nearby mines, locations of all railroads, bridges, utility lines or other rights-of-way, locations and names of any streams and natural or artificial drain ways on or adjacent to the site, locations of parks and other significant features;

(c)    A reclamation sequence map drawn to scale with an appropriate scale bar covering the same area as the pre-mining map showing the permit area border and buffers, excavation areas, location of all proposed access roads to be built, location of types of setbacks and beams, numbered segments and the direction of the sequence of mining, soil storage areas and sequence of stripping, storing and replacement of mined segments, overburden storage areas and sequence of stripping, storing and replacement of overburden on mined segments, waste rock piles and how they will be reclaimed and stabilized, operation plant and processing areas, measures to be taken to adjacent surface area to prevent slumping or landslides on adjacent lands, location and description of stormwater and erosion control systems, including drainage facilities and settling ponds and estimated runoff served by individual facilities; and

(d)    A final reclamation map drawn to scale with an appropriate scale bar covering the same area as the pre-mining map permit area and buffers, final elevations and contours, adjacent natural ground slopes, reclaimed drainage patterns, general topography, locations and names of any roads, utility lines, rights-of-way, streams, bridges, lakes, springs, wetlands, location and depth of topsoil to be replaced after seedbed preparation, permanent drainage and water control systems, area to be revegetated and proposed species, two cross-sections (at right angles) with horizontal and vertical scales the same that show the original and final topography and the water table.

(2)    A report by a qualified geologist, hydrogeologist, or licensed engineer characterizing the area’s groundwater including, but not limited to, the following information:

(a)    A description of the geology and hydrogeology of the area including the delineation of aquifer, aquitards, or aquicludes (confining layers), hydrogeologic cross-sections, porosity and horizontal and vertical permeability estimates;

(b)    Determination of the direction and velocity of groundwater movement, water table contour and potentiometric surface maps (for confined aquifers), if applicable; and

(c)    A map containing the limits of the mine, buffer zones, location of all groundwater wells within one mile distance down gradient from the property boundaries, location of all perennial streams and springs, and definition or specification of locations of aquifer recharge and discharge areas.

(3)    The estimated quantities of all materials to be extracted.

(4)    Identification of any possible areas on the project site that could include unique or rare occurrences of rocks, minerals, or fossils that are of outstanding scientific significance. These areas must be delineated on the pre-mining map above and the proposal for preservation of the identified area(s) must be addressed.

(5)    An on-site study to determine appropriate mitigation requirements for noise, vibration, and dust levels. The study should specify what levels the applicant deems satisfactory to mitigate off-site disturbances.

(6)    An operations proposal detailing estimated frequency of blasting, estimated truckloads per day, what provisions for screening and fencing are proposed, and estimated hours of operation.

(7)    Identification and description of those critical areas designated and regulated by SCC Chapter 14.24, together with any critical areas studies that may be required by SCC Chapter 14.24.

(8)    A review from Skagit County Public Works Department or Washington State Department of Transportation demonstrating that roads or bridges are capable of sustaining the necessary traffic for the proposed mineral extraction operation, and that the proposed operation meets level-of-service, safety, and other standards as outlined in the Skagit County Transportation Systems Plan, the Skagit County Comprehensive Plan, and applicable State and local regulations. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for a mining operation special use permit is subject to the type of review specified in SCC 14.06.150.

(2)    An application for a mining operation special use permit must be consistent with the criteria for all special use permits found in SCC Chapter 14.51 and the following:

(a)    When reviewing an application for mining operations special use permit, the decisionmaker should recognize that surface mining is an essential economic activity and that it is not possible to extract minerals without producing some environmental impacts. The decisionmaker must consider all relevant evidence and conditions that will mitigate detrimental impacts to the environment and conditions that protect the general welfare, health and safety. The permit must be granted if the impacts are mitigatable. The burden of proof is on the applicant. Mitigating conditions must be performance-based, objective standards that:

(i)    Are directly and proportionately related to limiting surface mining impacts;

(ii)    Are reasonable, practicable and generally capable of being achieved by the mine operator; and

(iii)    Take into consideration existing and available technologies applicable to mining operations.

(b)    The decisionmaker must consider the requirements of this Chapter as minimum standards and may include appropriate site-specific conditions to protect public health, safety, and the environment and to ensure compliance with the operating standards in SCC 14.52.050.

(c)    The decisionmaker must include appropriate site-specific conditions to mitigate existing and potential incompatibilities between the mineral extraction operation and adjacent parcels. Such limitations must reflect the differences in potential impacts based on the mineral extraction operation’s location in resource, rural or urban growth areas and recognize that the purpose of designating mineral resource lands is to conserve mineral resource lands, allow continued operation of existing legally established mining operations, and ensure that use of adjacent lands does not interfere with the extraction of minerals. The Hearing Examiner must take into consideration the January 1996 publication Best Management Practices for Reclaiming Surface Mines in Washington and Oregon, published jointly by the Oregon Department of Geology and Mineral Industries and the Washington State Department of Natural Resources, Chapter 3, Operation and Reclamation Strategies, in determining appropriate mitigation requirements for operational impacts.

(d)    The decisionmaker must include appropriate site-specific conditions to mitigate stormwater runoff and erosion impact. The Hearing Examiner must take into consideration the January 1996 publication Best Management Practices for Reclaiming Surface Mines in Washington and Oregon, published jointly by the Oregon Department of Geology and Mineral Industries and the Washington State Department of Natural Resources, Chapter 2, Storm Water and Erosion Control, and the National Pollutant Discharge Elimination System (NPDES) Surface Water Protection requirements in determining appropriate conditions for mitigating stormwater and erosion impacts.

(e)    The decisionmaker must consider public interests such as fishing, boating, hiking, and camping when reviewing an application for a mining operations special use permit, and may impose mitigating measures as necessary and appropriate. (Ord. O20250005 § 2 (Exh. A))

(1)    Responsibility. The landowner(s) and operator(s) are jointly responsible for the operation of a mineral extraction site.

(2)    Site Area and Width.

(a)    When the activity includes both extraction and on-site mineral crushing or mineral processing including asphalt or concrete batching and asphalt or concrete recycling, the site area must be a minimum of 20 acres.

(b)    There must be a minimum lot width of 500 feet for crushing or processing activities.

(c)    Operations that are limited to extraction and transportation must comply with dimensional standards of the underlying zone.

(3)    Buffers.

(a)    A minimum 200-foot buffer is required between on-site crushing, processing, or recycling activities and adjacent properties for the site as a condition for the issuance of a mining operations special use permit.

(b)    Adjacent properties are required to maintain a 200-foot buffer from the mineral resource designated land or sign a nuisance waiver to reduce the 200-foot buffer per SCC 14.38.060. In the case of a pre-existing structure located in the buffer of adjacent property, the required buffer must be established on the mineral resource designated land.

(c)    A minimum 100-foot buffer is required for the site where operations are limited to the extraction and transportation of minerals. Once the extraction and transportation operations have been completed, the material in the buffer may be utilized during reclamation.

(4)    Maximum Permissible Noise Levels. Maximum permissible noise levels are set by the provisions of WAC Chapter 173-60, Maximum Environmental Noise Levels.

(5)    Blasting. Blasting must be restricted to daylight hours when the mineral extraction operation is within one-quarter mile of a residential area with a greater density than one dwelling unit per 10 acres. The decisionmaker may otherwise set blasting hours and conditions based on site-specific circumstances. Except in the case of emergencies declared by civil authorities, blasts should be scheduled for regular and predictable times.

(6)    Vertical Limitations/Aquifer Protection.

(a)    Surface mining must be vertically limited to only one aquifer unless approved by the Washington State Department of Ecology. Hydrological barriers separating aquifers must not otherwise be disturbed.

(b)    Activities related to mineral extraction and processing operations in the vicinity of aquifers must provide safeguards including containment to prevent direct contamination to the open aquifers and indirect contamination through infiltration of mining operation pollutants.

(c)    Imported material may not be used as a backfill for mine sites where an aquifer has been breached.

(d)    Disturbed aquifers should be reclaimed as ponds or lakes and/or wetlands.

(e)    Additional buffers and setbacks may be required beyond those listed in Subsections (2) and (3) of this Section, if necessary, to prevent over-excavation when mining in an aquifer.

(f)    All relevant provisions of the Critical Areas Ordinance, SCC Chapter 14.24, for aquifer protection must be met.

(7)    Surface Water Protection. All mineral and aggregate sites must meet the minimum requirements of SCC Chapter 14.32, as well as all pertinent requirements of the Washington State Department of Ecology, the Department of Natural Resources, Department of Fish and Wildlife and other State and Federal regulations regarding surface water protection.

(a)    Storage pond systems for holding processing waters must be designed to preclude untreated discharge to natural streams or surface waters, unless the discharges are otherwise regulated and allowed by a State or Federal government agency.

(b)    The flow of natural runoff from extraction sites must be dispersed or regulated such that soil erosion on receiving lands is prevented.

(8)    Bench/Terrace.

(a)    Benches must be back-sloped and must be established at not more than 40-foot intervals to control surface drainage and debris.

(b)    Swales or ditches on benches must have a maximum gradient of five percent.

(9)    Reclamation. Reclamation of surface mining sites must be in accordance with the requirements of the State Department of Natural Resources. Reclamation activities may not allow land filling unless sites comply with WAC Chapters 173-304 and 173-351, SCC Chapter 12.16, and other relevant State and Federal regulations. If the operation is not subject to the State Department of Natural Resources permitting requirements, the following minimum standards apply. All reclaimed slopes must:

(a)    Have a varied steepness;

(b)    Have a natural appearance in both profile and plan view;

(c)    Have no large rectilinear topographic elements;

(d)    Not exceed two horizontal to one vertical except as necessary to blend with natural adjacent slopes;

(e)    Be compacted if significant back-filling is required to produce the final reclaimed slope;

(f)    Provide measures to establish a beneficial wetland where a lake, pond or swamp is created; and

(g)    Place topsoil and revegetate as necessary to stabilize slopes and control erosion.

(10)    Hours of Operation. Hours of operation must vary according to the location of the site as stated below and may be shortened by the decisionmaker based on site-specific circumstances:

(a)    Within designated natural resource lands, the hours of operation may be unlimited. The decisionmaker may limit hours of operation to daylight hours or to such other reasonable limitation deemed necessary to address potential significant adverse impacts to existing adjacent land uses, on any portion of the mining site where mining activity is proposed to occur less than one-quarter mile from existing Rural Intermediate, Rural Village, or Urban Growth Area designated lands;

(b)    Within rural lands, the hours of operation must be limited to dawn to dusk;

(c)    Within urban growth areas and rural villages, the hours of operation must be from 8:00 a.m. to 5:00 p.m., Monday through Saturday; and

(d)    During emergencies, restrictions on hours of operation can be suspended by the Board of County Commissioners pursuant to the lawful procedures for declaring an emergency.

(11)    Chemical Leach Mining. Chemical leach mining is prohibited.

(12)    Metals Mining. Metals mining is regulated by RCW Chapter 78.56, Metals Mining and Milling Act. (Ord. O20250005 § 2 (Exh. A))

This Chapter establishes the mechanism under which the County may enter into development agreements as authorized by RCW 36.70B.170. (Ord. O20250005 § 2 (Exh. A); Ord. O2005009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.14.010)

(1)    Discretion to Enter Development Agreement. A development agreement may or may not be entered at the sole discretion of the County. Discretion rests with the County in all cases, including when a development agreement is required per SCC.

(2)    Who May Enter. The property owner and the County shall be parties to a development agreement; provided, that if a proposed development is within an adopted municipal UGA, the applicable town or city shall also be a party to the agreement. The following may be considered for inclusion as additional parties in a development agreement: contract purchasers, lenders, third-party beneficiaries and utility service providers.

(3)    Content of Development Agreements. A development agreement shall set forth the development standards and other conditions that shall apply to and govern the development, use and mitigation of the property subject to the agreement.

(4)    When Development Agreements May Be Approved. A development agreement may be entered into prior to, concurrent with or following approval of project permits for development of the property.

(5)    Consistency with Unified Development Code. The development standards and conditions set forth in a development agreement shall be consistent with the applicable development regulations set forth in the Unified Development Code. (Ord. O20250005 § 2 (Exh. A); Ord. O20090010 Attch. 1 (part); Ord. O2005009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.14.020)

(1)    A development agreement shall include one or more of any of the following types of development controls and conditions:

(a)    Project elements such as permitted uses, residential densities and nonresidential densities, intensities and/or building sizes;

(b)    Impact fees, impact fee reimbursement provisions, other financial contributions by the property owner and dedications;

(c)    Mitigation measures pursuant to environmental review;

(d)    Design standards such as maximum heights, setbacks, drainage and water quality requirements and landscaping;

(e)    Affordable housing;

(f)    Parks and open space preservation;

(g)    Phasing;

(h)    Other appropriate development requirement.

(2)    Controls and conditions may be set forth by reference to applicable code sections.

(3)    Development agreements shall:

(a)    Specify a termination date upon which the agreement expires;

(b)    Establish a vesting period for applicable standards; and

(c)    Reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. O20250005 § 2 (Exh. A); Ord. O2005009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.14.030)

(1)    A development agreement shall be initiated by a written request from the property owner to Planning and Development Services.

(2)    If the Director determines in his or her discretion that a development agreement should be considered by the County, the property owner shall be so informed, except where a development agreement is specifically authorized by the Board of County Commissioners.

(3)    Development agreements are subject to the type of review specified in SCC 14.06.150.

(4)    When a development agreement is being considered prior to project permit approvals, the property owner shall provide the County with the same information that would be required for a complete application for such project permits in order for the County to determine the development standards and conditions to be included in the development agreement.

(5)    When a development agreement is being considered following approval of project permits, the development standards and other conditions set forth in such project permits shall be used in the development agreement without modification.

(6)    The Board of County Commissioners has final approval or denial authority for development agreements.

(7)    An approved and fully executed development agreement shall be recorded with the County Auditor. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20090010 Attch. 1 (part); Ord. O20070009 (part); Ord. O2005009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.14.040)

(1)    A development agreement is binding on the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement.

(2)    A development agreement shall be enforceable during its term by a party to the agreement.

(3)    A development agreement shall govern during the term of the agreement all or that part of the development specified in the agreement and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement.

(4)    Permits issued by the County after the execution of the development agreement shall be consistent with the agreement. (Ord. O20250005 § 2 (Exh. A); Ord. O2005009 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.14.050)

This Chapter provides for the higher scrutiny necessary to permit certain regional uses that will have potentially significant built and natural environmental impacts that can adversely affect the rural character of the surrounding area. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to applications for essential public facilities. (Ord. O20250005 § 2 (Exh. A))

An essential public facility (EPF) may be permitted in the zones shown in the table below. In the table, “R” means a regional EPF is allowed in the zone; “L” means a local EPF is allowed in the zone. Inclusion in the table does not presume that a specific use in a given zone will be determined to be appropriate.

(Ord. O20250005 § 2 (Exh. A))

In addition to the requirements in SCC 14.06.230, an application for an essential public facility must include the following:

(1)    A detailed written description of the proposed and potential public services to be provided, including a proposed site plan, the proposed service area of the facility, the source or sources of funding, and identification of any applicable public regulatory agencies or regional State or Federal project agency sponsors and the Federal or State authority which the agency has been granted for siting decision-making;

(2)    A written statement of the need, in statistical or narrative form, for the proposed project currently and over the following 10-year period;

(3)    An inventory of known, existing or proposed facilities, by name and address, within Skagit County, or within the region, serving the same or similar needs as the proposed project;

(4)    An explanation of the need and suitability for the proposed facility in the proposed location(s);

(5)    An assessment of the suitability of the proposed location in the County or another jurisdiction in terms of local, County, regional and/or State needs in order to minimize public costs (where appropriate) and environmental impacts, to discern the suitability of the facility’s location in the city or within another jurisdiction, to determine the number of jurisdictions affected or served by the proposed EPF, and to decide what, if any, interjurisdictional approach is most appropriate or available;

(6)    An analysis of the environmental, social, economic, financial and infrastructure impacts of the proposed EPF, including an assessment of the proportionate financial impacts on affected jurisdictions, consideration copies of agreements which allocate the financial burdens of the proposed project on the city and other jurisdictions, and the approximate area within which the proposed project could potentially have adverse impacts, such as increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts;

(7)    An analysis of the proposal’s consistency with the County’s Comprehensive Plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to Skagit County Countywide planning policies;

(8)    Documentation of public involvement efforts to date, including public and agency comments received, and plans for future public participation;

(9)    All application materials required by other provisions of Skagit County Code for components of the project not covered by this Chapter, such as platting requirements, critical area code compliance, traffic concurrency, Comprehensive Plan and zoning, etc., so that code compliance for all components of the project can be reviewed together;

(10)    Any additional information requested by the Director necessary to complete the preliminary analysis or to otherwise assist the Department and Hearing Examiner in making recommendation(s) and the Board of County Commissioners in making the final determination on the application. (Ord. O20250005 § 2 (Exh. A))

After receipt of an application for an EPF, the Director must determine if the EPF is of local or regional scale.

(1)    A regional EPF is a major facility that provides public services to more than one county, where the provider has statutory authority to site and construct the facility, or where a regional, intergovernmental siting process has been followed. An application for a regional EPF is subject to the type of review specified in SCC 14.06.150.

(2)    A local EPF serves residents or property in Skagit County and is not a regional EPF. An application for a local EPF is subject to the type of review specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))

(1)    Regional EPF.

(a)    In addition to such other notice as may be required by law before the siting decision, and at least 90 days before submitting an application for a regional EPF, the applicant must notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal.

(b)    Published notice must be in a newspaper of general circulation in the affected area, and must include the information described above.

(c)    The purpose of this provision is to enable potentially affected jurisdictions and the public to collectively review and comment on alternative sites for major facilities before the project sponsor has made their siting decision. Facilities identified and sited in the County’s Comprehensive Plan are considered to have enabled potentially affected jurisdictions and the public to collectively review and comment on alternative sites.

(2)    Local EPF. An application for a local EPF is subject to the standard notice requirements for the type of review specified in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A))

The burden of proof is on the applicant to provide evidence in support of the application. To be approved, the application must meet all of the following criteria:

(1)    The characteristics of the use must not be unreasonably incompatible with the types of uses permitted in surrounding areas;

(2)    The proposed use must not create undue noise, odor, heat, vibration, air and water pollution impacts on surrounding existing or potential dwelling units;

(3)    The use must not materially endanger the health, safety and welfare of the community;

(4)    The use is such that pedestrian and vehicular traffic associated with the use must not be hazardous or conflict with existing and anticipated traffic in the local area;

(5)    The use must be supported by adequate public facilities or services and must not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts;

(6)    The location, size and height of buildings, structures, walls and fences and screening vegetation for the use must not hinder or discourage the appropriate development or use of neighboring properties;

(7)    The use is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this Title. In particular, the factors of Capital Facilities Element Policies 5.4.2, 5.4.3, and 5.8 and Essential Public Facilities Policy 3.2 must be addressed;

(8)    For uses outside of urban growth areas, extension, construction, or maintenance of urban services and facilities is not required, unless no practicable alternative exists;

(9)    No feasible alternative sites exist that better meet the requirements of these criteria;

(10)    The need for the use at a specific location is necessary, taking into account region-wide distribution of facilities and the capacity and location of equivalent facilities;

(11)    For uses in or adjacent to IF-NRL, SF-NRL, AG-NRL, and RRc-NRL zoned lands, the impacts on the long-term natural resource management and production must be minimized;

(12)    For State-owned essential public facilities, the State must provide justification for the facility and its location in Skagit County based on forecasted needs and a logical service area; and

(13)    For State-owned essential public facilities, the State must have established a public process by which the residents of the County and of affected and “host” municipalities have a reasonable opportunity to participate in the site selection process. (Ord. O20250005 § 2 (Exh. A))

If approved, the conditions of approval for the use must address the review criteria in this Chapter and the following:

(1)    Accessibility;

(2)    Transportation needs and services;

(3)    Supporting public facility and public service needs and the availability thereof;

(4)    Site design;

(5)    Time required for construction;

(6)    Control of on-site and off-site impacts during construction;

(7)    Facility operations;

(8)    Impacts on critical areas;

(9)    Maintenance of standards congruent with applicable governmental regulations, particularly as they may change and become more stringent over time; and

(10)    Expediting and streamlining necessary governmental approvals and permits. (Ord. O20250005 § 2 (Exh. A))

Skagit County has a wide range of natural features and amenities, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 and existing master planned resorts authorized by RCW 36.70A.362 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose of this Section is to establish a Master Planned Resort land use designation to be applied to those properties the Board of County Commissioners determines are appropriate for development as a master planned resort consistent with the Comprehensive Plan and RCW 36.70A.360 through 36.70A.362. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.010)

“Master Planned Resort” (MPR) is a land use designation established under the Comprehensive Plan. Master planned resorts are generally larger in scale, and involve greater potential impacts on the surrounding area, than uses permitted under the Small-Scale Recreation and Tourism designation. Master planned resorts may be designated as either existing master planned resorts pursuant to RCW 36.70A.362 or new master planned resorts pursuant to RCW 36.70A.360. Designation of any master planned resort requires compliance with the provisions of this Section and a formal site-specific amendment to the Comprehensive Plan Land Use Map subject to SCC Chapter 14.08. The requirements of this Section do not apply to any development for which a permit has been granted or for which a complete permit application has been submitted prior to the adoption of this Code. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.020)

(1)    Generally. Master planned resorts (MPRs) must consist of predominantly short-term visitor accommodations and associated indoor and/or outdoor recreational facilities, and commercial, professional or conference facilities and activities that support and are integrated with the resort in a setting of significant natural amenities. These facilities must be primarily designed to serve the resort visitors, either day visitors or overnight visitors, but may also provide some goods and services for the surrounding permanent residential population. The master planned resort commercial facilities may be larger than those otherwise permitted in rural commercial areas but must be incidental to the resort itself. MPRs may include some other permanent residential uses, including caretakers’ or employees’ residences and some vacation home properties, provided they meet the requirements of this Chapter and are integrated into the resort and consistent with the on-site recreational nature of the resort.

(2)    Specific Allowable Uses. Specific allowable uses and their locations within a master planned resort are determined during the development of the resort master plan and are subject to final determination as a part of the master plan approval process. The following uses may generally be allowed within a Master Planned Resort classification authorized in compliance with RCW 36.70A.360 through 36.70A.362:

(a)    All residential uses including single-family and multifamily structures, condominiums, time-share and fractionally owned accommodations, provided such uses are integrated into and support the on-site recreational nature of the master planned resort; provided, that permanent residential uses may constitute no more than 20 percent of the total resort accommodation units.

(b)    Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, cottages, yurts; time-share and fractionally owned units; tent camping sites within an established campground; cabins, campgrounds, and recreational vehicle (RV) sites and other residential uses, that are made available for short-term rental. Short-term visitor accommodations (not including employee housing units) may constitute no less than 80 percent of the total resort accommodation units.

(c)    Indoor and outdoor recreational facilities and uses, including, but not necessarily limited to: golf courses (including accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis and other sport courts, swimming pools, marinas and boat launches, alpine and/or cross-country skiing, hiking and nature trails, bicycle paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort and its setting of significant natural amenities.

(d)    Visitor-oriented amenities, including, but not limited to, (i) eating and drinking establishments, (ii) gaming establishments allowed by law, (iii) meeting facilities, (iv) on-site retail businesses and services which are designed to serve the needs of the resort users such as gas stations, espresso stands, bakeries, delicatessens, beauty salons and spas, gift shops, art galleries, craft sales, food stores, and real estate/property management offices, and (v) recreation-oriented businesses and facilities such as sporting goods, outdoor recreation guide services, helicopter and hot air balloon recreational flight services, and outdoor equipment rental and sales.

(e)    Cultural and educational facilities, including, but not limited to, interpretative/information centers and exhibits, indoor and outdoor theaters and entertainment facilities, festival sites and museums.

(f)    Capital facilities, telecommunication and networking facilities, utilities and ancillary support services to the extent necessary to maintain and operate the master planned resort.

(g)    Temporary and/or permanent structures to serve as sales offices.

(h)    Signs consistent with the provisions of the sign code (SCC Chapter 14.29).

(i)    Any other similar uses deemed by the decisionmaker to be consistent with the purpose and intent of this Section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360 through 36.70A.362. (Ord. O20250005 § 2 (Exh. A); Ord. O20110007 Attch. 1 (part); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.030)

The following standards govern consideration of master planned resorts (MPRs):

(1)    Self-Contained Development. All necessary supportive and accessory on-site commercial and other services must be contained within the boundaries of the MPR, and such services must be oriented to serve the MPR and be incidental to the resort itself, but may also provide goods and services for the surrounding population. MPRs may constitute urban growth outside of urban growth areas as limited by RCW 36.70A.360 and 36.70A.362. New urban development and land uses, however, are prohibited outside the boundaries of an MPR.

(2)    Compatibility. Based on associated impacts and an overall evaluation of the site based on the requirements of this Chapter, an MPR may be limited in intensity, location and/or prohibited if found to measurably degrade adopted levels of service for capital facilities and public services, water availability, water quality and/or the rural character or economic viability of adjacent rural or resource lands and activities.

(3)    Settings of Significant Natural Amenities. MPRs may only be located in areas that have significant, predominantly natural area views and extraordinary landscape characteristics such as certain forests, shorelines, or mountains in a scenic, relatively remote rural setting. It is the County’s intention that MPRs be located in settings of significant natural amenities—meaning settings that constitute rare and exceptional natural scenery and features of such quality as to be deemed significant, when compared to the generally scenic qualities of the overall Skagit County landscape. The setting of significant natural amenities together with the recreational activities and uses proposed for an MPR must be the primary attraction for visitors and guests to the resort. Examples of these potentially significant settings include but are not necessarily limited to: the Skagit River, saltwater islands and/or bays, major lakes, and remote mountainous regions.

(4)    Location. MPRs may not be located inside of or adjacent to designated urban growth areas. MPRs must not be located on designated Ag-NRL lands. Generally, MPRs may not be located along the I-5 corridor.

(5)    Size Limits. MPRs must not exceed 300 total accommodation units, including both short-term visitor accommodations and units intended for permanent residential occupancy.

(6)    Design Standards. MPRs must be developed with harmonious siting, architectural theme, landscaping and design standards that are compatible with the rural character and natural amenities of the site and surrounding area. The master planned resort must be situated and designed in such a manner as to screen the development and its impacts from adjacent areas. The minimum lot area, width, frontage, landscaping, yard and screening requirements, setbacks, street and parking standards and building heights may be modified from those normally found in the Rural or Natural Resource Land designations consistent with the character of the MPR and necessary to meet the requirements of this Chapter.

(7)    Capital Facilities, Utilities and Public Services. The capital facilities, utilities and services owned and operated by the resort, including those related to sewer, water, stormwater, solid waste management, security, fire suppression, and emergency medical service, provided on site must be limited to meeting the needs of the resort. These facilities, utilities, and services may also be provided by outside service providers, such as the County or special purpose districts; provided, that the resort pays all costs associated with service extension capacity increases, or new services that are directly attributable to the resort; and provided, that the nature of the facilities and services provided are adequate to meet the increased needs of the resort, based on the planned concentration of guests, structures and other facility, utility and service demands. Typical funding strategies for financing service, facility and utility extension costs may be considered to pay for costs attributed to the resort. All required public improvements including roads, utilities and public facilities that are part of the approved resort master plan must be completed prior to the issuance of a certificate of occupancy by the building official or installation guaranteed by the posting of performance bonds or other surety acceptable to the prosecuting attorney in an amount of 150 percent of the estimated cost of the outstanding improvements, except that all life/safety improvements must be installed and in operation prior to occupancy.

(8)    Open Space. MPRs must contain abundant open space sufficient for buffering and providing recreational amenities while also maintaining the natural amenities and rural character of the area. “Open space” means any land that is retained in a substantially natural condition or is improved for recreational uses such as golf courses, hiking or nature trails, equestrian or bicycle paths, water features, lands protected as critical areas, lands preserved for farm or forest use, and lands used as buffers. Open space does not include lands used for residential lots or yards, streets or parking, etc.

(9)    Shorelines. MPRs located within the jurisdiction of the Shoreline Management Act must comply with the provisions of the Skagit County Shoreline Master Program. Application for an amendment to the Skagit County Shoreline Master Program (SMP) to change the shoreline use designation for a site-specific MPR may occur concurrently with the application for a site-specific MPR Comprehensive Plan Land Use Map amendment. In addition to the requirements in the SMP, review of an application for an MPR site-specific shoreline use designation amendment must include consideration of the following factors:

(a)    MPRs and the shorelines within their boundaries may constitute urban development in an otherwise rural setting as specified in RCW 36.70A.360 though 36.70A.362;

(b)    MPRs may include areas of active shoreline recreational, commercial and residential uses, including shoreline-dependent uses, and provisions for public shoreline access;

(c)    MPR shorelines may include activities allowed in more than one shoreline use designation within the same MPR;

(d)    MPRs may include shoreline uses that incorporate urban and/or rural shoreline development standards in different areas within the same MPR; and

(e)    Existing resorts may incorporate historic uses and lawfully established vested rights, as applicable, in determining shoreline-specific standards.

(10)    Phasing. Phasing of an MPR may be allowed. Any phasing of an MPR must be done in such a manner that the initial phase(s) will stand alone as a self-contained MPR consistent with the requirements of this Chapter (including permanent to short-term accommodation ratio), even if subsequent phases do not occur. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part). Formerly 14.20.040)

New MPR applications for a Comprehensive Plan Land Use Map amendment require legislative approval by the Board of County Commissioners. Such applications must include the following:

(1)    A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirements of this Section and SCC Chapter 14.08.

(2)    A draft resort master plan prepared to meet the requirements of SCC 14.56.060. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.050)

The master plan provides the framework for development of the MPR and is intended to ensure that the proposed resort meets the requirements of this Chapter. The MPR master plan must be a bound document with a table of contents, maps, graphics and narrative that describes the long-range plan for the MPR and the design and development standards that will apply to the MPR. The following information is required:

(1)    A vicinity map showing the relationship of the proposed development to external road systems, nearby natural features, amenities and other land uses within one mile of the project boundary.

(2)    A proposed site plan drawn to a scale of at least 100 feet to one inch that must include:

(a)    The location and boundaries of the proposed MPR;

(b)    Location of existing land uses and activities, significant natural features and amenities, vegetation types, critical areas, and road systems within the project area;

(c)    Topographic contours at five-foot intervals or as otherwise specified;

(d)    A clear illustration of the proposed development activity and proposed land uses and structures indicating generalized building footprints, exterior design and/or elevation views;

(e)    Proposed locations and dimensions of all open space; and

(f)    If the development is proposed to occur in phases, a graphic breakdown of each phase as it relates to the whole development and its general timetable for completion, including project phasing of commercial retail uses.

(3)    The proposed MPR preliminary development schedule, including phasing, if any, identifying the specific sequence and anticipated dates of development, and types of activities proposed.

(4)    Descriptive narrative detailing the principles and standards used to develop the MPR. Such text must address each required resort master plan element with a description of how it complies with RCW Chapter 36.70A, the Skagit County Comprehensive Plan, and this Chapter, including the MPR decision approval criteria of this Chapter.

(5)    A land use element including:

(a)    Identification and inventory of the existing land uses within the proposed MPR, including, where applicable, previously permitted or vested uses and structures that, although not proposed for specific approval through the MPR process due to their preexisting or prior approval status, nevertheless are intended to function as integral parts of the proposed MPR; provided, that any such use included in a proposed resort master plan and identified for specific development approval through this Chapter must be reviewed based on the regulations in place at the time of the MPR application;

(b)    Identification of the location, type, size and densities of proposed land uses within the MPR, including visitor accommodations, employee housing, commercial and recreation amenities, and other residential and nonresidential development activities;

(c)    An analysis of the ability of the proposed MPR to support the total proposed growth within the MPR, including an economic impact and feasibility analysis of the proposed development prepared by a qualified professional economist or financial analyst. The analysis must address the economic viability of the proposed development, the basis for the setting of significant natural amenities and associated recreational activities as the primary visitor attraction of the proposed resort, and evidence of financial and other resources available to develop the project, and identify the fiscal impacts of the project including changes in employment, tax revenue, demand for increased levels of public services, housing for employees and the effects of loss of resource lands during the life of the project;

(d)    Identify the location, size and function of proposed open space, buffers, recreational areas and activities and significant natural amenities, including deed restrictions that will assure that the open space areas are maintained as open space in perpetuity;

(e)    An explanation of how the proposed MPR has been sited or designed to avoid or minimize adverse effects or conflicts on adjacent lands.

(6)    A housing element including:

(a)    An inventory and analysis of existing and projected short-term visitor accommodations and residential units proposed for permanent or long-term occupancy, including type and variety, and any employee housing necessary for the proposal. The analysis must include both present and anticipated needs of all types of housing during the life of the project.

(7)    A transportation element including:

(a)    An inventory of the general location and capacity of all existing public and private roads, transit, air, water, rail and pedestrian/bicycle routes, where applicable;

(b)    The general layout of all proposed transportation improvements, including construction design standards and profiles for all roads, parking areas and pedestrian/bicycle trails for all phases of the project;

(c)    A traffic analysis and traffic impact study addressing site access, traffic generated by the proposal, levels of service, circulation patterns, and turning movements;

(d)    Identification of on-site and off-site measures needed to mitigate the impacts generated from the proposal.

(8)    A resource lands and critical areas element including:

(a)    Identification, inventory and analysis of the potential impacts on resource lands of long-term commercial significance including forest, agriculture and mineral lands within, adjacent to or affected by the proposed MPR. The analysis must also include proposed measures to mitigate impacts generated by the proposal on affected resource lands, and, if applicable, document that the proposal is better suited and has more long-term importance as an MPR than for natural resource lands of long-term commercial significance;

(b)    Identification, inventory and analysis of critical areas and potential impacts in accordance with SCC Chapter 14.24 (Critical Areas). The analysis must also include proposed measures to mitigate impacts generated by the proposal on affected critical areas.

(9)    A capital facilities and utilities element including:

(a)    An inventory of the location and capacity of all existing utilities and capital facilities, including, but not limited to, electricity, sanitary sewage disposal, domestic and irrigation water, stormwater management, solid waste management, law enforcement/security, fire protection and other applicable utilities, emergency services or capital facilities;

(b)    An analysis of the proposed demand for capital facilities and utilities generated by the proposed MPR, over the lifetime of the development, and a description of the proposed method of providing all utility system needs, including the location and sizing of the utility systems and financing mechanisms to ensure timely delivery of those services and facilities to the proposed MPR;

(c)    An estimate of water demands for the proposed MPR at maximum buildout by category of consumption and availability of water to meet the estimated demands, including (i) identification of the proposed source; (ii) identification of all available information on ground and surface waters relevant to the determination of adequacy of the water supply to serve the proposed MPR; and (iii) a water conservation plan indicating available measures commonly used to reduce water consumption;

(d)    Project phasing and other project-specific conditions to mitigate impacts generated by the proposal on affected public services, utilities and capital facilities.

(10)    A design and development standards element including:

(a)    Bulk, design and dimensional standards that must be implemented throughout subsequent development within the proposed MPR;

(b)    The type and range of uses authorized for any building, structure or other anticipated development activity within the MPR;

(c)    Architectural character and design requirements for buildings and structures;

(d)    Other requirements or design standards that will be applied to the MPR through project buildout, as determined by the reviewing authority;

(e)    Stormwater design and construction requirements;

(f)    Sanitary sewer and water design and construction requirements;

(g)    Landscaping requirements that will be applied to the development;

(h)    Sign standards and requirements. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.060)

A master planned resort requires a site-specific amendment of the Comprehensive Plan Land Use Map to a Master Planned Resort land use designation, pursuant to the requirements of SCC 14.08.020; provided, that the subarea planning process authorized under Chapter 14 of the Comprehensive Plan (Community Development Plans) and SCC 14.08.060 may be used if deemed appropriate by both the applicant and the County. The Comprehensive Plan amendment or subarea plan must be processed by the County concurrent with the review of the resort master plan and may be processed by the County concurrent with a development agreement addressing subsequent development within the master planned resort. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.065)

SEPA environmental review will not be performed for MPR application unless or until the application is docketed for further consideration by the Board of County Commissioners pursuant to SCC 14.08.040. All master planned resort applications that are docketed for further consideration must comply with the SEPA environmental review requirements of SCC 14.08.050, SCC Chapter 16.12, and RCW Chapter 43.21C. SEPA review must include an evaluation of all of the probable significant adverse environmental impacts from the entire proposal, even if the proposal is to be developed in phases, and these impacts must be considered in determining whether any particular location is suitable for a master planned resort. The applicant must be solely responsible for the cost of preparing all necessary environmental studies and documentation (i.e., draft and final environmental impact statements, if applicable), as well as all costs associated with Skagit County’s review of required documentation. If deemed appropriate by the applicant and the County, a master planned resort project may be designated by the County as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-11-164 and 197-11-168. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.100. Formerly 14.20.070)

In addition to the approval of a resort master plan, new development within a master planned resort requires approval of a development agreement pursuant to SCC Chapter 14.53, Development Agreements. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.080)

Modifications to an approved master plan may be considered according to the following standards:

(1)    Minor Modifications. Minor modifications include minor changes to the timing of approved development, minor shifting of the location of buildings, proposed streets, public or private ways, sewer or water facilities, parking areas, landscaping, parks and open space, or similar improvements. Minor modifications to a master plan are subject to a Type 2 review per SCC 14.06.150.

(2)    Major Modifications. All other modifications to an adopted master plan, including, but not necessarily limited to, new uses not previously authorized in the master plan or a need for different or expanded facilities, must be considered as major modifications and require an amendment to the master plan subject to a Type 3 review per SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.090)

An existing resort which desires an MPR designation and meets the requirements of an existing master planned resort as authorized in RCW 36.70A.362 must submit a master plan meeting the requirements of this Section to the County consistent with the requirements of this Code. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.100)

(1)    An application for an MPR development agreement is subject to the type of review specified in SCC 14.06.150.

(2)    The Planning Commission, pursuant to its authority specified under SCC 14.08.080, must hear and make recommendations on resort master plans and site-specific applications for MPR land use designations on the Comprehensive Plan Land Use Map.

(3)    The Board of County Commissioners, pursuant to its authority specified under SCC Chapter 14.06, SCC 14.08.090, 14.53.040 and this Section, must approve or deny resort master plans, designate new master planned resort land use districts on the Comprehensive Plan Land Use Map and approve or deny the uses, densities, conditions and standards authorized for site-specific MPRs in a development agreement. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.110)

An application for a Comprehensive Plan Land Use Map amendment may be approved or denied at the sole discretion of the Board of County Commissioners. The resort master plan (including proposed modifications to an approved resort master plan), special use permit, or development agreement to develop any parcel or parcels of land as an MPR may be approved, or approved with modifications, if it meets all of the criteria below. If no reasonable conditions or modifications can be imposed to ensure that the application meets these criteria, then the application must be denied.

(1)    The master plan is consistent with the County’s development regulations established for critical areas (SCC Chapter 14.24), and consistent with lawfully established vested rights, and approved project permits.

(2)    The MPR is consistent with the goals and policies of the Comprehensive Plan, including, but not limited to, the provisions relating to the siting of master planned resorts and the requirements of the County Shoreline Master Program, and complies with all other applicable sections of this Code and all other applicable codes and policies of the County, including consistency with lawfully established vested rights.

(3)    All standards established by SCC 14.56.040 are or will be met.

(4)    The economic/fiscal impact analysis of the proposed MPR demonstrates that:

(a)    The necessary financial resources are available for the applicant to undertake the development and that the developer has or can reasonably obtain adequate financial support for the development once approved.

(b)    The MPR will provide a financial contribution that positively benefits the local economy throughout the life of the project, considering changes in employment, demands for new or increased levels of public service and the effects of loss of resource lands.

(c)    The natural amenities of the site, considered together with the proposed recreational activities and facilities to be provided by the resort, constitute the primary attraction to visitors.

(5)    If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, supporting commercial uses, landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed.

(6)    The MPR will provide active recreational uses, adequate open space, and sufficient services such as transportation access, public safety, and utilities to adequately meet the needs of the guests and residents of the MPR.

(7)    The MPR will contain within the development the necessary supportive and accessory on-site commercial and other services, and such services must be oriented to serve the MPR and be incidental to the resort itself.

(8)    Environmental considerations are employed in the design, placement, and screening of facilities and amenities so that all uses within the MPR are harmonious with each other and incorporate and retain, as much as feasible, the preservation of natural features and amenities, historic sites, and public views.

(9)    On-site and off-site infrastructure (e.g., electrical power, water, sanitary sewer and stormwater treatment) and service (e.g., police, fire protection, emergency medical service and solid waste collection) impacts have been fully considered and mitigated.

(10)    Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. If located in a rural setting, the MPR is of sufficient size, layout and design, including incorporation of sufficient setbacks and landscaping, to appropriately screen the resort development and its impacts from the immediately adjacent rural parcels outside the MPR. Furthermore, the proposed development will not force a significant change in accepted farm or forest practices or significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.

(11)    The siting of the master planned resort will not cause the need to construct additional traffic lanes on State routes through Rural or Natural Resource designated areas, except in the immediate vicinity or within the boundaries of the master planned resort where necessary to accommodate increased traffic and turning movements to various venues within the resort.

(12)    If the MPR is proposed to be located on designated forest or mineral lands of long-term commercial significance, the land proposed for the master planned resort is better suited and has more long-term importance as an MPR than for the commercial harvesting of timber or the commercial extraction of minerals, and the MPR will not adversely affect adjacent natural resource land production.

(13)    The adopted Comprehensive Plan and development regulations preclude new urban or suburban land uses in the vicinity of the MPR. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.120)

Time limits for commencement of development within MPRs for which a site-specific Comprehensive Plan amendment has been approved must be as specified in SCC 14.08.020(7)(c)(iii). Time limits for the commencement of development within MPRs authorized through the development agreement process specified in SCC Chapter 14.53 must be as specified in the project development agreement. (Ord. O20250005 § 2 (Exh. A); Ord. O20110002 Attch. 2 (part): Ord. O2005009 (part). Formerly 14.20.130)

The purpose of the Urban Reserve Development Permit is to allow urban levels of commercial or industrial development within a UGA zone prior to annexation if appropriate provision for sewer service is arranged. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to all applications for project permits to construct commercial or industrial buildings of larger size than is allowed in the URR, URC-I and URP-OS zones. (Ord. O20250005 § 2 (Exh. A))

(1)    In addition to the general requirements of SCC 14.06.230, an application must include a determination regarding sewer service as follows:

(a)    The applicant must obtain and submit a determination from the city in whose UGA the project is located that adequate provision has been made for sewer service to the project.

(b)    “Adequate provision for sewer service” means:

(i)    Either an agreement for concurrent extension of sewer service to the property as a condition of URDP approval; or

(ii)    An agreement between the city and the property owner for extension of and connection to sewer at a date certain in the future.

(c)    The terms of such agreement regarding provision of sewer are between the city and the property owner. This determination by the city is within the city’s sole discretion, as the sewer service provider, and is not subject to appeal by or to the County under any circumstances. Each city must establish its own procedures and criteria for reviewing and deciding these requests for determination regarding sewer service in the unincorporated UGA, including, but not limited to, whether the city will agree to any extensions outside of the city limits without annexation.

(d)    The agreement between the owner and the city referenced in this Section may be, but need not be, a development agreement authorized by RCW 36.70B.170, and Skagit County may be a party to the agreement pursuant to SCC Chapter 14.53.

(e)    If the property owner is unable to obtain city agreement regarding sewer, then the owner is not eligible to apply to the County for a Hearing Examiner URDP. The County may not grant any variance from this sewer service determination requirement. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for a URDP is subject to the type of review shown in SCC 14.06.150.

(2)    In addition to any requirements or criteria applicable to the requested use or proposed construction found elsewhere in this Code, the application must meet the following requirements:

(a)    The application meets the criteria for a special use permit in SCC 14.51.050.

(b)    The proposal complies with all of the dimensional standards, design review standards, landscaping, parking and signage requirements for the city in whose UGA the property is located. Staff from the applicable municipality will assist with this review.

(c)    Any proposed commercial or industrial use meets any requirements for such use found in the commercial or industrial zone of the city in whose UGA the property is located.

(d)    The proposal provides for construction of planned public facilities and services consistent with requirements for similar size or intensity development, if it had been annexed to the city in whose UGA the project is located. The decisionmaker must evaluate the plans, ordinances, and development standards of the city in whose UGA the project is located in making this determination.

(e)    The proposal will be required to participate in and connect to sanitary sewer service, consistent with the requirements of the city determination regarding sewer service.

(f)    The proposal, as conditioned, provides for its pro rata share of mitigation for off-site traffic impacts that are directly related to the proposed development, consistent with applicable city and County transportation concurrency requirements. The County must use its SEPA review process, including a requirement for a project-specific impact assessment, as necessary to identify the level of project-specific direct impact and appropriate mitigation.

(3)    The applicant must bear the burden of proof to demonstrate that each of the requirements are met. (Ord. O20250005 § 2 (Exh. A))

The purpose of this Chapter is to provide a mechanism for relief from the requirements of this Title in specific cases where, due to special conditions, literal enforcement of the requirements of this Title would result in unnecessary hardship. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20090010 Attch. 1 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.10.010)

(1)    A variance is one of three types:

(a)    A Hearing Examiner variance is required to authorize a departure from a dimensional or numeric standard in this Title, unless otherwise prohibited or described below.

(b)    An administrative variance may authorize a departure from the following regulations:

(i)    Agricultural siting criteria of SCC 14.13.100;

(ii)    Parking requirements, as allowed by SCC 14.26.040(2);

(iii)    Reductions up to 100 percent of the standard setback allowed by SCC 14.28.030;

(iv)    Reductions within natural resource lands allowed by SCC 14.38.060;

(v)    Landscaping requirements in SCC Chapter 14.25 per SCC 14.25.040(9);

(vi)    Variances to Bayview Ridge Residential SCC 14.15.500(3)(b), minimum density for short plats, allowed in cases where previously developed property or property with critical areas constraints precludes development at the required densities;

(vii)    Variances to standard critical area buffer widths (25 percent to 50 percent) pursuant to SCC 14.24.140(1)(a).

(c)    A BOCC variance is required to authorize a departure from any requirement of the Ag-NRL zone, other than those listed above, or to SCC 14.76.200, One-acre segregation for agricultural land preservation.

(2)    Disallowed Variances.

(a)    No variance is available to grant a use that is prohibited in the applicable zone.

(b)    Except as provided above, no variance is available for density limits. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20170006 § 1 (Att. 1); Ord. O20160004 § 6 (Att. 6); Ord. O20150006 § 2 (Att. A); Ord. O20090010 Attch. 1 (part); Ord. O20080009 (part); Ord. O20070009 (part); Ord. 18375 § 6, 2001; Ord. 17938 Attch. F (part), 2000. Formerly 14.10.020)

(1)    In addition to the general requirements of SCC 14.06.230, an application for a variance must demonstrate compliance with each of the variance criteria in SCC 14.58.040 and any other criteria specific to the type of variance sought.

(2)    An application for a variance may be consolidated with another permit application that depends on the variance, but the accompanying permit application may not be approved until the variance is approved. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.10.030)

(1)    An application for a variance is subject to the type of review shown in SCC 14.06.150.

(2)    To approve a variance, the decisionmaker must find all of the following:

(a)    The variance complies with any relevant variance criteria found in other sections of Skagit County Code.

(b)    The variance is the minimum variance that will make possible the reasonable use of land, building, or structure.

(c)    The granting of the variance will be in harmony with the general purpose and intent of this Title and other applicable provisions of the Skagit County Code, and will not be injurious to the neighborhood, or otherwise detrimental to public welfare.

(d)    For a Hearing Examiner variance or a setback variance:

(i)    The requested variance must arise from special conditions and circumstances, including topographic or critical area constraints, which are peculiar to the land, structure, or building involved and which are not ordinarily found among other lands, structures, or buildings in the same district.

(ii)    The special conditions and circumstances do not result from the actions of the applicant.

(iii)    Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title and SCC Title 15.

(iv)    The granting of the variance requested will not confer on the applicant any special privilege that is denied by this Title and SCC Title 15 to other lands, structures, or buildings in the same district. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. 17938 Attch. F (part), 2000. Formerly 14.10.040)

(1)    To grant a variance, the decisionmaker must make findings that the reasons set forth in the application and record justify the granting of the variance.

(2)    The decisionmaker may prescribe such conditions to be necessary or desirable in order to carry out the intent and purposes of this Chapter and in the public interest.

(3)    If the variance application is approved, the applicant must record the variance against the property with the County Auditor on a form provided by the Department and provide the Department a copy of the recording. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. 17938 Attch. F (part), 2000. Formerly 14.10.050)

The standards in this Chapter are necessary to protect the public health, safety, and welfare, to protect property values, and minimize visual impact while furthering the development of enhanced wireless services in the County. These standards are designed to comply with Federal law. The Board of County Commissioners finds that the promulgation of this Chapter is warranted and necessary:

(1)    To manage the location of macro cell towers, antennas, and small wireless facilities in the County;

(2)    To protect the community’s visual quality while facilitating the reasonable and balanced provision of wireless services by minimizing the visual impact of wireless facilities on the community, particularly in and near residential zones and in and along highly visible corridors;

(3)    To establish clear guidelines, standards, and an orderly process for review intended to facilitate the deployment of wireless equipment that is necessary to provide advanced communication services to the County, its residents, businesses, and community at large;

(4)    To promote and encourage collocation rather than construction of additional single-use macro cell towers and to reduce the number of such structures needed in the future; and

(5)    To provide regulations which are specifically not intended to, and will not be interpreted or applied to: (a) prohibit or effectively prohibit the provision of wireless services; (b) discriminate among functionally equivalent service providers; or (c) regulate wireless facilities and transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to all new towers, poles, antennas, equipment, and small wireless facilities.

(a)    New towers or poles exceeding the maximum height limitation of the affected zone require a special use permit and building permit.

(b)    New antenna arrays meeting the requirements of this Chapter require a building permit.

(c)    Antennas attached to utility poles and streetlights in the right-of-way must not extend more than 10 feet above the highest point of the structure.

(2)    Exempt Facilities. The following are exempt from this Chapter:

(a)    FCC-licensed amateur (ham) radio facilities;

(b)    Satellite earth stations, dishes and/or antennas used for private television reception;

(c)    A wireless facility installed upon the declaration of a state of emergency by the Federal, State, or local government, or a written determination of public necessity by the County; except that such facility must (i) comply with all Federal and State requirements; and (ii) will be exempt from the provisions of this Chapter for up to 30 days after the declaration of the state of emergency;

(d)    Antennas attached to existing structures (such as commercial buildings, houses or apartments) for internet purposes and used solely for occupants of the building to which the antennas are attached as long as the height limitations of the zone are not exceeded;

(e)    County facilities, equipment, and services, including, but not limited to, those involving sheriff, fire, public health, and safety; and

(f)    Fixed wireless broadband service. (Ord. O20250005 § 2 (Exh. A))

The definitions in this Section apply throughout this Chapter and control over any conflicting definitions in SCC 14.04.020.

“Antenna” means an exterior transmitting or receiving device mounted on or in a tower, pole, building or other structure, and which is used in communications, that sends or receives wireless signals, radio frequencies, or other communications signals.

“Antenna array” means a single or group of antenna elements, not including small wireless antennas, and associated mounting hardware, transmission lines, remote radio units, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving wireless signals.

“Antenna support structure” means any pole, telescoping mast, tower, tripod or other structure that supports a device used in the transmitting or receiving of radio frequency signals.

“Camouflage” means disguised, hidden, or integrated with an existing structure or landscape so as to be significantly screened from view.

“Cell site” or “site” means a tract or parcel of land that contains the wireless facility services, including any antenna, support structure, accessory buildings and parking, and may include other uses associated with and ancillary to wireless facilities.

“Collocation” means (1) mounting or installing antenna on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

“Eligible collocation or modification request” means any request for collocation or modification of an existing tower, building, or structure that does not result in a substantial change as provided in SCC 14.59.160(1). Modification may include removal or replacement of transmission equipment.

“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.

“FCC” means the Federal Communications Commission.

“Macro cell tower” means a structure built for the sole or primary purpose of supporting a wireless facility that does not meet the definition of “small wireless facilities.” A macro cell tower may be a monopole, lattice tower, or a guyed tower that provides broad coverage at a height that provides a clear view over the surrounding buildings and terrain. Macro cell towers typically cover large geographic areas and are generally capable of hosting multiple providers.

“Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are generally three types of mounts:

    “Building-mounted” means a wireless facility service mount fixed to the roof or side of a building;

    “Ground-mounted” means a wireless facility service mount fixed to the ground, such as a tower;

    “Structure-mounted” means a wireless facility service fixed to a structure other than a building, such as light standards, utility poles, and bridges.

“Ordinary maintenance and repair” includes inspection, testing, or repair that maintains functional capacity and aesthetics of the wireless facilities and the associated structure, pole or tower, and that does not involve disturbing any portion of the right-of-way.

“Pole” means a legally constructed pole, such as a utility, lighting or similar pole made of wood, concrete, metal or other material, located or to be located within or outside of the right-of-way.

“Provider” means a wireless facility service provider or wireless infrastructure provider and includes any person that owns or operates wireless facilities within or outside of the right-of-way.

“Screening” means fencing, earth berming, trees, and other vegetation.

“Small wireless facilities” means equipment that meets the following criteria: (1) the facilities: (a) are mounted on structures 50 feet or less in height including their antennas, or (b) are mounted on structures no more than 10 percent taller than other adjacent structures, or (c) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; (3) all other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume; (4) the facilities do not require antenna structure registration under Federal law; (5) the facilities are not located on Tribal land as defined under Federal law; and (6) the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified under Federal law.

“Stealth” means a design that minimizes the visual impact of wireless facilities by camouflaging, disguising, screening or blending them into the surrounding environment. Examples of stealth design include, but are not limited to, facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights and architecturally screened roof-mounted antennas or flush-mounted antennas that are either painted to match or enclosed in an architecturally applicable box.

“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses wireless facilities, microwave towers, common-carrier towers, cellular telephone towers, personal communications services towers, alternative tower structures, and the like.

“Tower site” means a portion of a larger parcel that may be utilized for other principal uses. “Tower site” may mean a parcel of land smaller than the minimum lot size required in the zone completely contained within a lot meeting the requirements of the zone for the purposes of locating a communication tower.

“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless service, including, but not limited to, radio transceivers, antennas, microwave dishes, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless 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.

“Wireless facilities” or “wireless service facilities” means an unstaffed facility or equipment for the transmission or reception of radio frequency (RF) signals or other wireless communications or other signals (including, but not limited to, cellular and internet services) for commercial communications purposes, typically consisting of a group of antennas, a pole, tower or base station, transmission cables and other transmission equipment, backup power supplies, power transfer switches, cutoff switches, electric meters, coaxial cables, fiber-optic cables, wires, telecommunications demarcation boxes and related materials and equipment and equipment cabinets, and including small wireless facilities.

“Wireless infrastructure provider” means a person or entity, other than a wireless services provider, that builds or installs towers, wireless transmission equipment, wireless facilities, poles or wireless support structures.

“Wireless services” means any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.

“Wireless services provider” means a person or entity who provides wireless services. (Ord. O20250005 § 2 (Exh. A))

(1)    Procedures Generally. The requirements of SCC Chapter 14.06, Permit Procedures, apply to any application under this Section insofar as they do not conflict with this Section or any requirements imposed under State or Federal law.

(2)    Application Requirements for Proposed Towers, Antennas, Equipment and Small Wireless Facilities. The provider must submit a complete application form provided by the Department, and supporting documents as required below, containing sufficient information to determine compliance with adopted rules and regulations as outlined in this Chapter and the remainder of Skagit County Code. In addition to the requirements set forth elsewhere in this Section, at the discretion of the Director, all applicants will be required to submit, as applicable, any combination of site plans, surveys, maps, reports, or written narratives necessary to convey the following information:

(a)    Parcel Description. Legal description of the parcel, including assessor account number and property identification number.

(b)    Owner Approval. Written approval from the owner of any land, pole, or other support structure allowing the attachment or use of such property.

(c)    Photo Simulations. Photo simulations of the existing site and proposed facilities from all adjacent properties and public rights-of-way at a radius of one mile from the proposed wireless service facilities. Photo simulations must be made from a range of elevations of surrounding areas. The photo simulation must be coded to a scaled vicinity map.

(d)    Site Plan. A scaled site plan showing the location, point of reference, type, height and longitude and latitude of the proposed towers and antennas, existing buildings, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadway rights-of-way, parking areas if applicable, proposed means of access, setbacks from property lines and the approximate distance between the proposed tower and the property lines. The method of fencing and, if applicable, the method of camouflage, noise screening, and illumination must be indicated. The application must also include elevation drawings of the proposed tower and any other proposed structures.

(e)    Landscaping Plan. A landscaping plan indicating the specific placement of the facility on the site. Trees and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility must also be indicated.

(f)    Service Area Map. A current map showing the location of the proposed tower, the locations and service areas of other wireless service facilities operated by the provider and those proposed by the applicant that are close enough to impact service within the County.

(g)    Collocation Statement. A signed statement by the applicant or owner, as applicable, that states whether construction of the tower will accommodate collocation of additional antenna(s) for future users. In addition, the applicant or owner must include a signed statement that it will diligently negotiate in good faith to facilitate collocation of additional wireless service facilities by other providers on the tower or within the same site location. Also, a narrative of an attempt to collocate must be included which shows the applicant has made a diligent attempt to mount the facilities on an existing tower or structure that is within a one-mile radius of the chosen site.

(h)    Environmental Documentation. Copies of any environmental documents if required by any Federal or State agency. (Ord. O20250005 § 2 (Exh. A))

A permit from the County authorizes an applicant to undertake only the activities specified in the application and permit, and in accordance with this Chapter. A permit does not authorize attachment to or use of existing poles or other structures in the right-of-way. A permit does not create a property right for the applicant. The provider must not interfere with other uses or users of the right-of-way. (Ord. O20250005 § 2 (Exh. A))

*    Code reviser’s note: Ord. O20250005 adds this Section as 14.59.030. It has been editorially renumbered to avoid duplication of numbering.

(1)    A County permit is not required for ordinary maintenance or repair. The provider or other person performing the ordinary maintenance or repair must obtain any other permit required by applicable laws.

(2)    Application Fees and Bonds. All applications pursuant to this Section must be accompanied by the requisite fees required by the County. Unless otherwise agreed to in writing by the County, the applicant must provide a performance or construction bond or other form of surety acceptable to the County equal to at least 125 percent of the estimated cost of the work on public property before commencing work. The bond will be released after County inspection and completion of construction to the County’s satisfaction. (Ord. O20250005 § 2 (Exh. A))

(1)    Justification. At the time of filing an application, an applicant must provide a clear and complete written analysis that includes design drawings explaining how the proposed design complies with the applicable design standards under this Section to the maximum extent feasible. A complete design justification must identify all applicable design standards under this Section and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

(2)    Requirements.

(a)    Nonwooden poles must be painted a color that best allows them to blend into the surroundings. The use of grays, blues, greens, bronze, browns, or other site-specific colors are encouraged and may be appropriate; however, each case will be evaluated individually.

(b)    Antennas on or above a tower or structure are subject to the following requirements:

(i)    Compatibility. The antenna must be architecturally compatible with the building or wall on which it is mounted, and designed and located so as to minimize any adverse aesthetic impact.

(ii)    Height. The antenna must be no taller than the minimum height required to function satisfactorily unless it is approved in writing by the County.

(iii)    Roof Mounting. The antenna may be mounted on the roof of a building if the following additional criteria are satisfied:

(A)    It is not technically possible or aesthetically desirable to mount the antenna on a wall;

(B)    No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein; and

(C)    Roof-mounted antennas are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building.

(c)    Equipment shelters and cabinets and other on-the-ground ancillary equipment must be screened with landscaping (except for those in the right-of-way) or with another design as required by the County Code. Alternatively, where feasible, and if more compatible with the surrounding environment, the applicant must incorporate the cabinet and other equipment into the base of a new pole (for example, for a small wireless facility), provided there is adequate space in the right-of-way.

(d)    Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is allowed, as long as it complies with the County Code.

(e)    All towers, poles, antennas, and related equipment must meet current standards and regulations of the FAA, the FCC, and any other agency of the Federal or State government with relevant regulatory authority.

(f)    To ensure the structural integrity of macro cell towers and poles, the towers and poles must be maintained in compliance with industry standards and applicable codes.

(g)    No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the County.

(h)    All towers, poles, antennas and related equipment in or near residential zones must be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the towers, poles, antennas and related equipment. Such towers, poles, antennas, and equipment must be integrated through location and design to blend in with the existing characteristics of the site. Such towers, poles, antennas and equipment enclosures must also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be reasonably compatible with the built environment, through matching and complementary existing structures and specific design considerations such as architectural designs, height, scale, color and texture or be reasonably consistent with other uses and improvements permitted in the relevant zone.

(i)    The applicant must use stealth design to the maximum extent feasible unless otherwise approved by the County. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Stealth design must be designed and constructed to substantially conform to surrounding building designs or natural settings. Stealth design that relies on screening to reduce visual impact must screen all substantial portions of the facilities and equipment from view.

(j)    The applicant must provide a visual simulation of the facilities and other appropriate graphics to demonstrate the visual impact on the view of the County’s foothills, mountains and open space areas as viewed from major transportation corridors or public open space. Due consideration must be given so that the placement of towers and wireless service facilities does not obstruct or diminish those views.

(k)    Antenna arrays are permitted in any zone if they are located upon an existing structure (except on single-family houses, apartments or duplexes) that provides sufficient elevation for the array’s operation without the necessity of constructing a tower, pole, or other apparatus to extend the antenna array more than 10 feet above the structure. If any tower, pole or other apparatus exceeding the height extension of 10 feet is needed to achieve the desired elevation, then a special use permit and, if applicable, height variance, is required.

(l)    All pole-mounted transmission and reception equipment must be mounted as close as technically possible to the pole to reduce the overall visual profile to the maximum extent feasible subject to applicable safety codes.

(3)    Site Design Flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography, and other local variables. If certain design standards could result in a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site, then the Department must consider such request. The tower, pole, equipment, and facilities may be installed to best camouflage, disguise, or conceal them, to make them more closely compatible with and blend into the setting or host structure, upon approval by the County. (Ord. O20250005 § 2 (Exh. A))

(1)    The applicant must construct and install all facilities, equipment and structures to the manufacturer’s specifications and to withstand wind speed as required by the County Code.

(2)    The applicant must, to the extent feasible, design new poles to (a) match the existing light fixtures and other poles, and (b) serve a dual purpose (for example, a new light fixture, flag pole or banner display).

(3)    As-Builts and Maps. The provider must furnish to the County paper and electronic maps showing the location of its equipment in the right-of-way or on other public property and as-builts after construction is completed.

(4)    Locates. Before beginning any excavation in the right-of-way, the permittee must comply with the requirements of the Washington Utility Notification Center. (Ord. O20250005 § 2 (Exh. A))

The permittee must employ due care during installation, maintenance or any other work and must comply with all safety and construction requirements of applicable laws, County guidelines, standards and practices and any additional commonly accepted safety standards. (Ord. O20250005 § 2 (Exh. A))

The provider’s facilities, equipment and structures may not physically interfere with any existing facilities, equipment, or structures in the right-of-way, and they must locate their lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abut any right-of-way. (Ord. O20250005 § 2 (Exh. A))

All construction practices and activities must be in accordance with the permit and approved final plans and specifications. The applicant must provide the County and its representatives access to the work site and any information required by the County to ensure compliance with such requirements. All facilities or equipment that do not comply with the permit, the approved plans and specifications for the work, or the requirements of this Section will be removed at the sole expense of the permittee. The County may stop work to ensure compliance with the provisions of this Section. (Ord. O20250005 § 2 (Exh. A))

(1)    The provider, or its agent or contractor, must restore, repair, and replace any portion of the right-of-way or other public property that is damaged or disturbed by the provider’s wireless facilities or work in or adjacent to the right-of-way or other public property.

(2)    If the provider, its agent, or contractor fails to timely restore, repair, or replace the right-of-way or other public property, the County or its contractor may do so and the provider must pay the County’s costs and expenses in completing the restoration, repair or replacement, including reasonable attorneys’ fees and expenses. (Ord. O20250005 § 2 (Exh. A))

A written report will be prepared and signed by an independent, licensed engineer or qualified employee of the provider which assesses whether the proposed wireless facilities demonstrate compliance with the latest radio frequency emissions limits provided by the FCC. (Ord. O20250005 § 2 (Exh. A))

(1)    The County may conduct an inspection of new and existing towers, antenna support structures, equipment, and facilities upon reasonable notice to the owner or operator to determine compliance with this Section and applicable law and to prevent structural and equipment failures and accidents that may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with construction standards set forth in this Code, Federal and State laws, and applicable industry standards.

(2)    If, upon inspection, the County concludes that a tower, antenna support structure, equipment, or facilities fail to comply with applicable law or standards and constitute a danger to persons or property, then the owner or operator must bring such into compliance within 60 days of the County providing written notice of the noncompliance. Failure to timely bring such into compliance within said 60 days will be grounds for removal at the owner’s or operator’s expense. (Ord. O20250005 § 2 (Exh. A))

In order to not constitute a nuisance to or a danger to the life or property of any person or the public, the tower, antenna support structure, equipment, and facilities must at all times be kept and maintained in good condition, order and repair. (Ord. O20250005 § 2 (Exh. A))

(1)    Applicability. This Section applies to all applications to use County property. For purposes of this Section, “County property” means any property owned or leased by the County, but does not include any right-of-way.

(2)    Standards for Siting on County Property. The Board of Commissioners reserves the right to and may deny the use of any or all County-owned property by any or all applicants for use of County property as siting locations. Consideration of the decision to allow the use of County property that is owned or otherwise controlled by Skagit County by rent, lease, rights-of-way, easement, etc., will be subject to the following requirements:

(a)    Priority of Use. Where Skagit County property is sought to be utilized by an applicant for the siting of wireless service facilities, priority will be given to the following entities in descending order:

(i)    Skagit County;

(ii)    Public safety agencies including law enforcement, fire, and ambulance services which are not part of Skagit County, and private entities with a public safety agreement with Skagit County;

(iii)    Other governmental agencies; and

(iv)    The applicant and other entities providing or using wireless services.

(b)    Minimum Requirements for Siting on County Property. The placement of wireless service facilities on County property, in addition to the other requirements of this Section, must meet the following minimum requirements:

(i)    The facilities must not interfere with: (A) the purpose for which the County property is intended; or (B) other users who have a higher priority as discussed under Subsection (2)(a) of this Section; and

(ii)    The applicant must:

(A)    Commit to a lease agreement that includes equitable compensation for the County;

(B)    Obtain adequate liability insurance;

(C)    Submit a letter of credit, performance bond or other security acceptable to the County to cover the costs of removing the wireless facilities;

(D)    Reimburse the County for any related costs that the County incurs because of the presence of the applicant’s facilities; and

(E)    Obtain all necessary land use approvals.

(c)    Special Requirements for Public Utility Structures or Facilities. The County’s public utility structures and facilities represent a large public investment. Protection of the County’s public utility structures and facilities is of prime importance to the County. For these reasons, the placement of wireless service facilities on public utility structures or facilities on County property may be allowed if and only if the County is fully satisfied that the following requirements are met:

(i)    There is sufficient room on the structure and/or on the grounds to accommodate the provider’s wireless service facilities;

(ii)    The presence of the provider’s wireless service facilities will not increase the maintenance cost to the County;

(iii)    The presence of the provider’s wireless service facilities will not be harmful to the safety of County workers maintaining the public utility structures or facilities, nor be harmful to the safety of the applicant’s workers; and

(iv)    The intended use will cause no interference with the primary purpose of the public utility structures or facilities. (Ord. O20250005 § 2 (Exh. A))

The following general requirements apply to all wireless service facilities and their supporting structures:

(1)    Building Permits Required. Building permits are required for all towers, poles, antennas, equipment, small wireless facilities, and collocation or expansion projects located within any zone.

(2)    Noise Regulations. Noise from air conditioners or other equipment associated with wireless service facilities and appurtenant structures must not exceed permissible levels at the adjacent residential property line, except for emergency situations requiring the use of a backup generator where the noise standards may be exceeded on a temporary basis.

(3)    No Advertising. No advertising or similar materials may be attached to the tower, antenna support structure or facilities.

(4)    Frequency Interference. Antennas may not cause localized interference with the reception or transmission of any other communications signals including, but not limited to, public safety, broadcast television, cable television, or radio broadcast signals.

(5)    Landscaping and Screening. The visual impacts of wireless service facilities must be mitigated through landscaping or other screening. The County may waive that requirement for those sides of the facility that are not in public view.

(a)    A row of evergreen trees a minimum of 10 feet tall at planting and a maximum of six feet apart must be planted around the perimeter of the fence, or other approved landscaping or screening plan. The intent is for the immediate screening of towers.

(b)    A continuous hedge at least 36 inches high at planting capable of growing to at least 48 inches in height within 18 months must be planted in front of the tree line referenced in Subsection (5)(a) of this Section.

(c)    In the event that landscaping is not maintained at the required level, the County, after giving 30 days’ advance written notice, must maintain or establish the landscaping and bill both the property owner and provider for such costs until such costs are paid in full.

(6)    Site Location/Integrity. Site location and development must preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized unless such disturbance would result in less visual impact of the site on the surrounding area.

(7)    Financial Security. The application for any tower, equipment, or facilities must be accompanied by a letter of credit, performance bond, or other security in an amount to be determined by the County, which may be drawn upon by the County as necessary to cover the costs of removal of the tower, equipment, or facilities.

(8)    Historic Documentation. If applicable, a letter of permission must be provided from the designated County official if the site is on a national landmark or located in a historic district.

(9)    County Recommendation. If the applicant proposes to use County property, a letter of recommendation must be provided from the Director of the Parks and Recreation Department, Public Works Department or other applicable department.

(10)    Fencing. Security fencing no less than six feet in height with access through a locked gate must be required around each tower and its related equipment and support structures.

(11)    Required Parking. If the cell site is not fully automated, adequate parking must be provided for maintenance workers. If the site is automated, other arrangements for adequate off-street parking must be made and documentation thereof provided to the County. (Ord. O20250005 § 2 (Exh. A))

(1)    Eligible Facilities Request. The County will approve any eligible facilities request as required by Federal law. An eligible facilities request is a request to modify an existing tower or base station without a substantial change (as defined in 47 CFR 1.6100, as may be amended) to the physical dimensions of such tower or base station.

(a)    Application Review.

(i)    Application.

(A)    The Department will prepare and make publicly available an application form for an eligible facilities request.

(B)    The applicant must include the information necessary to determine whether the application is an eligible facilities request. The applicant is not required to submit any other documentation intended to illustrate the need for any such wireless facilities or to justify the business decision to modify such wireless facilities.

(ii)    Review. Upon submission of an application for an eligible facilities request pursuant to this Subsection, the County must review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

(iii)    Time Frame for Review. The County must complete the review within 60 days of the date on which an applicant satisfies both of the following criteria: (A) the applicant takes the first procedural step required to obtain the necessary permit under SCC Chapter 14.06, Permit Procedures; and (B) the applicant submits written documentation that addresses the eligible facilities request criteria and indicates that the proposed modification will not cause a substantial change to an existing structure.

(iv)    Tolling of the Time Frame for Review.

(A)    The 60-day review period is tolled only by mutual agreement between the County and the applicant, or where the County determines that the application is incomplete.

(B)    Time will toll for incompleteness if the County, within 30 days of receipt of the application, provides written notice to the applicant specifically delineating all missing documents or information required in the application.

(I)    The time frame for review begins running again when the applicant makes a supplemental submission in response to the notice of incompleteness.

(II)    Following a supplemental submission, the County will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information.

(III)    The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection.

(IV)    Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(C)    Failure to Act. The application for an eligible facilities request will be deemed granted if the County fails to approve or deny a complete application within the time frame for review, including any tolling, provided the applicant notifies the County in writing after the review period has expired.

(2)    Small Wireless Facilities—Collocation on Existing Structures.

(a)    Application Review.

(i)    Application. The Department will prepare and make publicly available an application form, which the applicant must use.

(ii)    Review. Upon submission of an application for collocation of small wireless facilities on an existing structure pursuant to this Subsection (2), the County must review such application, make its final decision to approve or deny the application, and advise the applicant in writing of its final decision.

(iii)    Time Frame for Review. The County must complete the review within 60 days of the date on which an application is submitted. The County must notify the applicant within 10 days if the application is incomplete. The first time the County provides notice of incompleteness, a new 60-day time frame will commence upon resubmission of the application.

(iv)    Tolling of the Time Frame for Review.

(A)    The time for review may be tolled only by mutual agreement between the County and the applicant, or in cases where the County determines upon a resubmission that the application is incomplete.

(B)    The time frame is tolled in the case of subsequent notices of incompleteness. Subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(v)    Failure to Act. If the County fails to approve or deny a complete application under this Subsection (2) within the time frame for review (including any additional time provided or any tolling), the applicant may pursue judicial relief.

(3)    Small Wireless Facilities—Deployment on a New Structure.

(a)    Application Review.

(i)    Application. The Department will prepare and make publicly available an application form, which the applicant must use.

(ii)    Review. Upon submission of an application for the deployment of small wireless facilities on a new structure pursuant to this Subsection (3), the County must review such application, make its final decision to approve or deny the application, and advise the applicant in writing of its final decision.

(iii)    Time Frame for Review. The County must complete the review within 90 days of the date on which an application is submitted. The County must notify the applicant within 10 days if the application is incomplete. The first time the County provides notice of incompleteness, a new 90-day time frame will commence upon resubmission of the application.

(iv)    Tolling of the Time Frame for Review.

(A)    The time frame for review may be tolled only by mutual agreement between the County and the applicant, or in cases where the County determines upon a resubmission that the application is incomplete.

(B)    The time frame is tolled in the case of subsequent notices of incompleteness. Subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(v)    Failure to Act. If the County fails to approve or deny a complete application under this Subsection (3) within the time frame for review, including any additional time provided or any tolling, the applicant may pursue judicial relief.

(4)    Collocation Applications for Other Than Small Wireless Facilities Using an Existing Structure. The following time frames apply to applications for collocations other than small wireless facilities using an existing structure:

(a)    Application Review.

(i)    Application.

(A)    The Department will prepare and make publicly available an application form for collocations other than small wireless facilities using an existing structure.

(B)    The applicant must include the information necessary to determine whether an application is a collocation request other than small wireless facilities using an existing structure.

(ii)    Review. Upon submission of an application for a request pursuant to this Subsection (4), the County must review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

(iii)    Time Frame for Review. The County must complete the review of the application within 90 days of the date on which an applicant submits an application, subject to the tolling provisions below.

(iv)    Tolling of the Time Frame for Review.

(A)    The 90-day review period may be tolled only by mutual agreement between the County and the applicant, or where the County determines that the application is incomplete.

(B)    Time will toll for incompleteness if the County, within 30 days of submission of the application, provides written notice to the applicant specifically delineating all missing documents or information required in the application.

(C)    The time frame for review begins running again when the applicant makes a supplemental submission in response to the notice of incompleteness.

(D)    Following a supplemental submission, the County will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information.

(I)    The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection (4).

(II)    Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(v)    Failure to Act. If the County fails to approve or deny a complete application under this Subsection (4) within the time frame for review, including any tolling, the applicant may pursue judicial relief.

(5)    Application to Deploy a Facility Other Than a Small Wireless Facility Using a New Structure—New Macro Cell Tower. The following time frames apply to applications to deploy a facility other than a small wireless facility using a new structure.

(a)    Application Review.

(i)    Application.

(A)    The Department will prepare and make publicly available an application form to deploy a facility other than a small wireless facility using a new structure.

(B)    The applicant must include the information necessary to determine whether an application is a request for deployment of a facility other than a small wireless facility using a new structure.

(ii)    Review. Upon receipt of an application for a request to deploy a facility other than a small wireless facility using a new structure pursuant to this Subsection (5), the County must review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

(iii)    Time Frame for Review. The County must complete the review of the application within 150 days of the date on which an applicant submits an application seeking approval of a request to deploy a facility other than a small wireless facility using a new structure, subject to the tolling provisions below.

(iv)    Tolling of the Time Frame for Review.

(A)    The 150-day review period may be tolled only by mutual agreement between the County and the applicant, or where the County determines that the application is incomplete.

(B)    Time will toll for incompleteness if the County, within 30 days of receipt of the application, provides written notice to the applicant specifically delineating all missing documents or information required in the application.

(I)    The time frame for review begins running again when the applicant makes a supplemental submission in response to notice of incompleteness.

(II)    Following a supplemental submission, the County will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information.

(III)    The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection (5).

(IV)    Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(v)    Failure to Act. If the County fails to approve or deny a complete application under this Subsection (5) within the time frame for review, including any tolling, the applicant may pursue judicial relief. (Ord. O20250005 § 2 (Exh. A))

In addition to the other requirements in this Section, the following apply to macro cell towers:

(1)    Permits Required. No person may develop, construct, or operate a macro cell tower or related equipment for commercial purposes upon any tract of land or on any building or structure within the zoning jurisdiction of the County prior to approval of its application for a Hearing Examiner special use permit and other requisite permits by the County and issuance of the permits by the County. Applicants must submit their application for the requisite permits to the Department and must pay a filing fee as set forth in SCC Chapter 14.06.

(2)    Compliance. Macro cell towers used for commercial purposes must meet the requirements of TIA 222 Rev H, as it may be revised from time to time, and documentation evidencing such compliance must be submitted with the special use permit application. Included in the submittal must be a Washington-licensed PE stamped foundation and structural drawing as well as a PE stamped structural analysis (the loaded tower drawing with all antennas and hardware in place and the wind loading calculations). Upon completion of construction, the macro cell tower will be inspected by a third-party professional at the expense of the tower owner.

(3)    Approval Criteria. In addition to other requirements of the County Code, the decisionmaker must consider the following approval criteria in determining whether to recommend approval of a special use permit and, if applicable, height variance:

(a)    Nature of uses on adjacent and nearby properties;

(b)    Surrounding tree coverage and foliage;

(c)    Design of the macro cell tower that has the effect of reducing or eliminating visual obtrusiveness;

(d)    No existing structures are located within the geographic area which meet the applicant’s engineering requirements;

(e)    Existing structures do not have sufficient structural strength to support the applicant’s proposed antennas and related equipment; and

(f)    The applicant demonstrates that there are other limiting factors not enumerated herein that render existing towers, poles and other structures unsuitable.

(4)    Setback Requirements.

(a)    Setback requirements must be measured from the base of the tower to the property line of the tract of land on which it is located.

(b)    The tower structure must be set back from property lines as required by that zone, if any, or a minimum of one foot for every foot of tower height, whichever produces the greater setback (and, at the written request of the County, provide additional setbacks for the length of any guy wires on all sides of a macro cell tower), unless:

(i)    The setback is waived in writing by the owner of the adjacent property and that waiver is filed with the County; or

(ii)    The macro cell tower is constructed with breakpoint design technology. If the tower has been constructed using breakpoint design technology, the minimum setback distance must be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the applicable zone’s minimum side setback requirements, whichever is greater. For example, on a 100-foot-tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) or the minimum side yard setback requirements for that zone, whichever is greater. If an applicant proposes to use breakpoint design technology to reduce the required setback, the issuance of a permit for the tower must be conditioned upon approval of the tower design by a Washington-licensed professional engineer.

(5)    Separation Requirements. Macro cell towers must meet the following minimum separation requirements from other macro cell towers:

(a)    Monopole tower structures must be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of one-half mile.

(b)    Self-supporting lattice or guyed towers must be separated from all other self-supporting lattice or guyed towers by a minimum of one mile.

(6)    Illumination and Security Fences.

(a)    Macro cell towers, depending upon their height, must not be artificially lighted except as required by the FAA. In cases where there are residential zoned properties located within a distance of 300 percent of the height of the tower, any tower subject to this Section must be equipped with lighting that minimizes its effect on residential zoned properties.

(b)    All self-supporting lattice or guyed towers must be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers must be designed and constructed in a manner which will preclude, to the extent practical, unauthorized climbing of said structure.

(7)    Exterior Finish. Macro cell towers must have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the decisionmaker as part of the application approval process.

(8)    Notice. For purposes of this Section, any permit must require an applicant to notify surrounding property owners located within one mile of the legal boundary of the real property where the macro cell tower is to be located. An applicant or its designee must provide that list to the County.

(9)    Preferred Macro Cell Tower Locations. All new macro cell towers are permitted only after applying the following siting priorities, ordered from most-preferred to least-preferred:

(a)    Industrial zones;

(b)    Manufacturing zones;

(c)    Commercial zones;

(d)    Other nonresidential and nonagricultural zones;

(e)    Parcels of land in residential zones;

(f)    Parcels of land in agricultural zones; and

(g)    Designated historic districts.

(10)    Alternative Sites Analysis. The applicant for a macro cell tower must, as necessary, address siting preferences in an alternative sites analysis.

(a)    For a macro cell tower, the applicant must address the County’s preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. The County’s macro cell tower location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three higher ranked, alternative sites that are in the geographic range of the service coverage objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate.

(b)    A complete alternative sites analysis provided under this Subsection (10) may include less than three alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three potentially available, higher ranked, alternative sites.

(c)    For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant’s service coverage or capacity objectives the applicant will provide: (i) a description of its objective, whether it be to address a deficiency in coverage or capacity; (ii) detailed maps or other exhibits with clear and concise data to illustrate that the objective is not met using the alternative (whether it be a collocation or a more preferred location); and (iii) a description of why the alternative (collocation or a more preferred location) does not meet the objective.

(11)    Engineer’s Certification. Upon completion of construction of a macro cell tower and prior to the commencement of use, a Washington-licensed engineer’s certification must be provided that indicates that the tower is structurally sound and in conformance with all FCC and FAA requirements and applicable safety standards.

(12)    Certificate of Completion and Compliance.

(a)    A certificate of completion will only be granted upon satisfactory evidence that the construction and installation were done in substantial compliance with the approved plans and photo simulations.

(b)    If it is found that the macro cell tower, equipment or facilities do not substantially comply with the approved plans and photo simulations, the provider must make any and all such changes required to promptly bring them into compliance. (Ord. O20250005 § 2 (Exh. A))

(1)    Agreement. Prior to installing in the right-of-way any small wireless facilities, or any pole built for the sole or primary purpose of supporting small wireless facilities, a person must enter into an agreement with the County expressly authorizing the small wireless facilities or pole proposed to be installed.

(2)    General Terms.

(a)    The initial term of an agreement may not exceed 10 years. The agreement may be renewed for an additional term subject to the mutual written agreement of the County and provider.

(b)    The agreement authorizes the provider’s nonexclusive use of the right-of-way for the sole purpose of constructing, installing, maintaining, modifying and operating small wireless facilities, including any pole built for the sole or primary purpose of supporting the small wireless facilities to provide the services expressly authorized in the agreement, subject to applicable laws and this Section. The agreement authorizes use only of the right-of-way in which the County has an actual interest. It is not a warranty of title or interest in any right-of-way and does not confer on the provider any interest in any particular location or to a superior or preferred location within the right-of-way.

(c)    The provider must, at its sole cost and expense, keep and maintain its small wireless facilities and poles in the right-of-way in a safe condition and in good order and repair per the agreement between the County and provider.

(3)    Permit Required. No person may construct or install any small wireless facilities without first receiving a permit or combination of permits as required by the County Code. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may commence work prior to obtaining a permit, provided the provider must contact the County prior to commencing the work and apply for a permit within 24 hours after commencing the emergency work. For purposes of this Subsection (3), an “emergency” means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.

(4)    Batching. An applicant may simultaneously submit no more than five sites for small wireless facilities in a single, consolidated application; provided, that the proposed small wireless facilities are to be deployed on the same type of pole or structure using similar equipment within the County.

(5)    Design Standards. Subject to not exceeding the height limitation of the underlying zone, all poles built for the sole or primary purpose of supporting small wireless facilities and the small wireless facilities may be approved through administrative review, subject to the wireless provider complying with reasonable and feasible considerations for the:

(a)    Height, shape, design and color for poles and related equipment;

(b)    Number, location and styles of poles that may be installed or used;

(c)    Aesthetic approach for different types of poles and related equipment;

(d)    Construction of each small wireless facility, including powering and metering;

(e)    Structural integrity;

(f)    Setbacks for ground-mounted equipment;

(g)    Lighting, marking, and noise requirements; and

(h)    Use of decorative or stealth poles, where necessary.

(6)    Administrative Approval.

(a)    Small wireless facilities are allowed in all zones, provided the applicant complies with all applicable Federal and State law, and the requirements of this Section.

(b)    Small wireless facilities in all zones are subject to approval via permits and administrative review unless their installation requires the construction of a new pole or structure exceeding the height limitation of the affected zone (in which instance an administrative special use permit and, if applicable, height variance may be required). A permit is required for replacement support structures.

(7)    Site Development. All small wireless facilities are subject to the site development standards, permits, and site plan requirements. A site development application must contain the following information:

(a)    Construction drawings showing the proposed method of installation;

(b)    The manufacturer’s recommended installations, if any;

(c)    A diagram to scale showing the location of the small wireless facilities, property and setback lines, easements, power lines, all structures, and the required landscaping, if applicable; and

(d)    Photo simulations that include to-scale visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view, including all equipment and cabling.

(8)    Public Notice. For purposes of this Section, any application for a small wireless facility which includes a new or replacement pole, or variance or appeal of a request for a permit, requires public notice to all adjacent property owners and all owners of nearby properties.

(9)    Notification to Utilities. Prior to the installation or construction of a small wireless facility within the right-of-way or a utility easement, the applicant or provider must notify all utilities located within such right-of-way or utility easement regarding the use of the right-of-way or easement.

(10)    Accessory Equipment. In residential zones, the provider must locate or place all accessory equipment in the base of the pole for a small wireless facility (where technically feasible), or in an existing building, or underground, or in an equipment cabinet above ground that is:

(a)    Designed to blend in with existing surroundings, using architecturally compatible construction and colors; and

(b)    Located so as to be as unobtrusive as reasonably possible consistent with the proper functioning of the facilities.

(11)    Decorative Poles. An applicant may not install a small wireless facility on a decorative pole, or replace a decorative pole with a new decorative pole unless the County has determined, in its sole discretion, that each of the following conditions has been met:

(a)    The application qualifies for issuance of a permit; and

(b)    The attachments and replacement pole are in keeping with the design and color of the existing decorative pole. (Ord. O20250005 § 2 (Exh. A))

(1)    Non-Use and Abandonment. No less than 30 days prior to the date that a provider plans to abandon or discontinue operation of a facility, the provider must notify the County by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. In the event that a provider fails to give notice, the facility will be considered abandoned upon the County’s discovery of discontinuation of operations. Upon such abandonment, the provider will have 60 days, or an additional period of time determined in the reasonable discretion of the County, within which to:

(a)    Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or

(b)    Dismantle and remove the facilities. If the tower, antenna, foundation, equipment, and facilities are not removed within the 60-day time period, or an additional period of time allowed by the County, the County may remove such tower, antenna, foundation, equipment, and related facilities at the provider’s expense. If there are two or more providers collocating on a facility, then this provision will not become effective until all providers cease using the facility.

(2)    Independent Technical and Legal Review.

(a)    The County may retain the services of an independent technical expert and attorney of its choice to provide technical and legal evaluations of permit applications. The third-party expert must have recognized qualifications in the field of engineering or wireless facilities regulations. The expert’s review may include, but is not limited to:

(i)    The accuracy and completeness of the items submitted with the application;

(ii)    The applicability of analysis and techniques and methodologies proposed by the applicant;

(iii)    The validity of conclusions reached by the applicant; and

(iv)    Whether the proposed tower, antenna support structure, equipment and facilities comply with the applicable approval criteria set forth in this Section.

(b)    The applicant will pay the reasonable cost for any independent consultant fees through a deposit, estimated by the County, within 10 days of the County’s request.

(i)    When the County requests such payment, the application will be deemed incomplete for purposes of application processing timelines until the deposit is received.

(ii)    In the event that such costs and fees do not exceed the deposit amount, the County will refund any unused portion within 30 days after the final permit is released or, if no final permit is released, within 30 days after the County receives a written request from the applicant.

(iii)    If the costs and fees exceed the deposit amount, then the applicant must pay the difference to the County before the permit is issued. The independent consultant must provide an itemized description of the services provided and related fees and charges.

(3)    Insurance. No person may own or operate a tower, pole, antenna, equipment, or small wireless facilities in the right-of-way or on County property without having secured and at all times maintaining in place insurance coverage which conforms to the following:

(a)    Commercial general liability, automobile, employers’ liability, and umbrella insurance, each in the amount of at least $1,000,000 or, depending upon the project, a higher amount at the reasonable discretion of the Risk Manager of the County. Workers’ compensation insurance must meet State statutory requirements.

(b)    The commercial general liability and automobile insurance policies must specifically include the County and its officers, officials, employees, and agents as additional insureds.

(c)    All insurance policies must be issued by an agent or representative of an insurance company licensed to do business in the State with a Best’s rating of at least A-7 and must contain an endorsement obligating the insurance company to furnish the County Clerk with at least 30 days’ prior written notice in advance of the modification or cancellation of the insurance, and the insurance must be replaced up to its original amount(s).

(4)    Indemnification. Each permit issued for a macro cell tower or small wireless facility or equipment located in the right-of-way or on County property includes as a condition that the applicant and provider must defend, indemnify and hold harmless the County and its officials, officers, agents, employees and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, a granted permit, installation, construction, location, performance, operation, maintenance, repair, replacement, upgrade, removal or restoration of the macro cell tower or small wireless facility or equipment.

(5)    Applicability of State and Federal Law—Conflict With Other Sections of the County Code.

(a)    These tower and small wireless facilities regulations are subject to all applicable laws. If State or Federal law conflicts with these tower and small wireless facilities regulations in any material respect, and if such law preempts a provision in these tower and small wireless facilities regulations, then these tower and small wireless facilities regulations will be deemed amended to comply with applicable State or Federal law without further action by the County.

(b)    These tower and small wireless facilities regulations are in addition to other regulations in the County Code. In case of a conflict between these and other regulations, these tower and small wireless facilities regulations control.

(6)    Severability. The various parts, sentences, paragraphs, and provisions of this Section are severable. If any part, sentence, paragraph, or provision is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section will not be affected thereby and will remain in full force and effect. (Ord. O20250005 § 2 (Exh. A))