To provide appropriate standards and review processes for decisions regulating the siting and development of wireless communications facilities. In reviewing any application to provide wireless communications services or to install wireless communications facilities, the town shall act within a reasonable period of time, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The town shall approve, approve with condition, or deny the application in accordance with the time frames set forth in Title 14A of the Woodway Municipal Code (WMC) and in accordance with other applicable ordinances.

The purpose of this chapter is to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced wireless communications services in the town in a manner which is consistent with and implements the Federal Telecommunications Act of 1996, RCW 80.36.375, and ESSB 6676. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless communications services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless communications services.

To manage the location of wireless communications facilities in the town;

To protect residential areas and land uses from potential adverse impacts of wireless communications facilities;

To minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques;

To accommodate an increased need for wireless communications facilities to serve the wireless communications needs of town residents;

To promote and encourage co-location on existing and new sites as an option rather than construction of additional single-use sites, and to reduce the number of such structures needed in the future;

To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and

To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures.

Wireless communication facilities used by federal, state or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes;

Radar systems for military and civilian communication and navigation;

Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of the Woodway Municipal Code;

Satellite dish antennas less than one meter in diameter, including direct-to-home satellite services, when used as a secondary use of the property; provided such antennas comply with all applicable provisions of the Woodway Municipal Code;

Wireless communication facilities that meet all of the following criteria:

Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions or visual impacts of the antenna, tower or buildings; provided, that compliance with the standards of this chapter are maintained.

New Uses. All new wireless communication facilities shall comply with this chapter following its effective date.

Existing Uses. All wireless communication facilities existing on the date of passage of the ordinance codified in this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses to the extent that they do not conform to the standards set forth herein. Routine maintenance shall be permitted on existing towers and antennas. However, construction activities other than routine maintenance on existing towers, antennas, buildings or other facilities, including, but not limited to, structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings or other facilities, shall comply with the requirements of the ordinance codified in this chapter and all other applicable standards of this code.

Any applicant proposing to construct a WCF support structure, or mount a WCF on an existing structure, shall demonstrate by engineering evidence that the WCF must be located at the site to satisfy its function in the applicant's local network system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the network system.

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

Location and design of facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone district. For all sites outside of public rights-of-way, towers shall be significantly screened by placing them in trees to the extent that it does not result in significant signal degradation.

Existing Broadcast, Relay and Transmission Towers. A WCF may be located on an existing site or tower where a legal wireless telecommunication facility is currently located. If an existing site or tower is located within a one-mile radius of a proposed WCF location, the applicant shall reasonably document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the Town.

Existing Structures in Public Rights-of-way. A WCF may be located on existing structures in public rights-of-way. There shall be no more than one WCF located on an existing structure. Location of a WCF on an existing structure in a public right-of-way shall require a franchise and a right-of-way permit in addition to the approvals required under this chapter.

Public Property. With the consent of the jurisdiction or public agency that owns the proposed site, a WCF may be located on public property within all zoning districts, provided the public facilities are not located within public rights-of-way.

If the applicant demonstrates to the Town's satisfaction that it is not technically possible to site in a prioritized location, the Town reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the Town.

Existing Broadcast, Relay and Transmission Towers. WCFs mounted on existing broadcast, relay, and transmission towers not located in a public right-of-way shall conform to the following development standards:

Existing Structures Within Public Rights-of-Way. WCFs located on existing structures in public rights-of-way shall conform to the following development standards:

Public Property. WCFs located on publicly owned properties which are not public rights-of-way shall conform to the following standards:

New Ground Mounted WCFs. These structures shall conform to the following site development standards:

Height. All WCFs shall comply with the following height requirements:

Screening Standards. All WCFs shall be screened or camouflaged through employing the best available technology and design, as determined by the town. Examples of the best available technology and design, include, but are not limited to the following techniques: use of the smallest and lowest profile antennas within the technical requirements of the wireless provider; use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees, hollow flag poles, false chimneys; and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the screening and landscaping requirements of this chapter.

Color. Support structures, antennas and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the WCF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be reviewed and approved by the town.

Standards for Electronics Equipment Enclosures.

Additional Standards for Equipment Enclosures for WCFs Located on Existing Structures Within Public Rights-of-Way.

Landscaping. All WCFs shall be landscaped consistent with the following standards:

Security Fencing. A well-constructed wall, or wooden fence between five and six feet in height from finished grade shall be provided around each WCF. Access to the WCF shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum five-foot-wide landscaping strip that includes a mixture of trees, shrubs and groundcover. Alternative methods of preventing access to WCFs may be approved by the town when: (1) walls or fences are impractical on a particular site; (2) when the equipment associated with the WCF is located underground or within a building; or (3) the equipment is mounted on a structure within a public right-of-way. Provided, however, that such alternative methods shall only be approved by the town when the applicant has demonstrated that the level of security provided protects the site from unauthorized entry and reduces the likelihood that the site will become an attractive nuisance or otherwise endanger the public health, safety or welfare. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the security fencing requirements of this chapter.

Lights, Signals and Signs. No lights, signals or signs shall be permitted on WCFs unless required by the FCC or the FAA.

Building Codes and Safety Standards. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable Town building codes, the National Electrical Code, and the applicable standards for WCFs that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the town concludes that a WCF fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the WCF, the owner shall have thirty days to bring the WCF into compliance with such standards. If the owner fails to bring its WCF into compliance within thirty days, the Town may remove the WCF at the owner's expense.

Structural Design. WCFs shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing WCFs shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted for review concurrently with submittal of building permit applications.

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

A permittee shall cooperate with other wireless communications services providers in co-locating additional antenna on support structures and/or on existing buildings and sites; provided, said proposed co-locatees have received a permit for such use at said site from the Town. A permittee shall allow other providers to co-locate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the town may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit.

A signed statement indicating that the applicant agrees to allow for the potential co-location of additional WCF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future co-location is not possible on their site, they must submit a technical study documenting why.

Co-location requirements shall not apply to WCFs located on structures in public rights-of-way. There shall be no more than one WCF located on an existing structure in a public right-of-way. Existing structures in public rights-of-way are not eligible for co-location of additional WCF equipment.

For a period of ninety days during the construction of a ground mounted WCF which has been approved through the appropriate permit process; provided, that the temporary wireless service facility or cell-on-wheels creates no more adverse impacts than the WCF which was approved through the appropriate permit process. Only one temporary wireless service facility or cell-on-wheels shall be permitted for a single site. Prior to installation of the temporary WCF for the ninety day period, the applicant shall provide the town with a cash bond in an amount to be determined by the town in order to guarantee performance of future removal and restoration of the site.

For a period of thirty days during an emergency declared by the town, state or federal government that has caused a ground mounted WCF which has been approved through the appropriate permit process to become involuntarily non-operational; provided, that the temporary wireless service facility or cell-on-wheels creates no more adverse impacts than the WCF which was approved through the appropriate permit process.

Permit Process.

Application Requirements.

The accuracy and completeness of submissions;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached; and

Any specific technical issues designated by the town.

The applicant shall comply with all applicable federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions of the WCF, compare the results with established federal standards, and provide a statement that the EMF emissions of the WCF are within established federal standards. The report shall be subject to review and approval of the town for consistency with the project proposal report and the adopted federal standards. If on review, the town finds that the WCF does not meet federal standards, the town may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. Failure to bring WCFs into compliance with the federal standards and regulations shall constitute grounds for the town to remove a provider's facilities at the provider's expense.

The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. If on review of a registered complaint the town finds that the WCF interferes with such reception, the town may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. Failure to resolve the interference of the WCF shall constitute grounds for the town to remove a provider's facilities at the provider's expense.

Abandonment and Removal. The owner or operator of a WCF shall provide the town with a copy of any notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a WCF shall notify the town in writing of the abandonment of a particular facility within thirty days of the date the WCF is abandoned. The abandoned WCF shall be removed by the facility owner within ninety days of the date the WCF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the town. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual impacts. A demolition permit may be required for removal of the WCF. If there are two or more users of a single tower, then the town's right to remove the tower shall not become effective until all users abandon the tower.

Partial Abandonment and Removal. If the abandoned antennas on any WCF are removed or relocated to a point where the top twenty percent or more of the height of the supporting structure is no longer in use, the WCF shall be considered partially abandoned. The owner or operator of any partially abandoned WCF shall notify the town in writing of the partial abandonment of a particular facility within thirty days of the date the WCF is partially abandoned. The owner of the WCF shall have one hundred twenty days from the date of partial abandonment to co-locate another service on the WCF. If another service provider is not added to the WCF within the allowed one hundred twenty day co-location period, the owner shall dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted within two hundred ten days of partial abandonment. A demolition permit may be required for partial removal of the WCF.

Removal and Lien. If the provider fails to remove the abandoned or partially abandoned facility upon ninety days of its abandonment or two hundred ten days of its partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. If the property owner fails to remove the facility within thirty days of notification by the town, the town or its agent may enter upon the subject property and cause the facility to be removed at the property owner's expense. The town shall then send to the property owner a verified statement of the cost of expenses. The property owner shall be liable for the payment of such costs and expenses. In the event the property owner fails to pay the costs and expenses, the town may file a lien against the property owner's real property in the amount of such costs and expenses and record such lien with the Snohomish County records office.

A permit for a WCF shall expire ten years after the effective date of the permit approval, unless earlier revoked by the town. A permittee wishing to continue the use of a specific WCF at the end of the ten-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application shall comply with all applicable laws and regulations dictating new permit issuance. In ruling on said renewal the town shall consider all then existing regulations effecting the application that are appropriate to the technology and use.

An approved land use permit for a WCF shall be valid for one year from the date of the town's land use approval, with opportunity for a one-year extension. If a building permit application is not received within one year of the date of the town's land use approval, or within the extension period, the land use approval shall become null and void.

Failure to comply with any federal, state or local laws or regulations;

Failure to comply with any of the terms and conditions imposed by the town on the issuance of a permit;

When the permit was procured by fraud, false representation, or omission of material facts;

Failure to cooperate with other WCF providers in co-location efforts as required by this chapter;

Failure to comply with federal standards for EMF emissions; or

Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices.