33.49.510 General standards.
(1) Co-location. Wireless communication facilities shall co-locate to the greatest extent possible to minimize the total number of communication towers throughout the County. To this end, the following guidelines shall apply:
(a) Existing WCFs shall provide for co-location unless the facility is structurally, technologically, or otherwise demonstrably unsuitable for co-location.
(b) Applicants of new support tower proposals shall demonstrate a “good faith” effort to co-locate with other carriers by:
(i) Contacting all other licensed carriers for wireless communications within the intended service area;
(ii) Sharing information necessary to determine if co-location is feasible. Feasibility shall be determined by factors including, but not limited to, availability of existing towers, structural capabilities of existing towers, and compatibility of existing and proposed facilities;
(iii) In the event co-location is found to be feasible, the applicant shall utilize the existing facility;
(iv) In the event co-location is found to be unattainable, the applicant shall demonstrate to the Review Authority the following:
(A) No existing towers or structures are located within the geographic area required to accommodate efficient and effective operation of the facility at an “in-vehicle” level of service;
(B) Existing towers or structures do not meet minimum structural specifications or cannot be reconfigured to achieve sufficient height for efficient and effective operations at an “in-vehicle” level of service;
(C) Co-location would cause a nonconformance situation (e.g., exceeding height restrictions);
(D) Co-location would result in electromagnetic interference with existing or proposed installations;
(E) A financial agreement between the applicant and the owner(s) of existing facilities could not be reached;
(F) There exist other limiting factors that substantially preclude co-location.
(v) The County shall deny a land use permit if the applicant does not demonstrate a “good faith” effort to co-locate on an existing facility.
(vi) Infrastructure providers shall be exempt from the “good faith” requirements of this subsection (1)(b); provided, that infrastructure providers shall express the need for a proposed support tower by demonstrating a lack of existing co-location opportunities within the intended service area, pursuant to CCC 33.49.630(5), Application submittal.
(c) Carriers who co-locate on existing towers or structures shall be allowed to construct or install accessory equipment and shelters as required for facility operation. Such development shall be subject to regulations under the Uniform Building Code (UBC), applicable development standards of the underlying zone, and applicable development standards pursuant to this chapter (e.g., lighting, security, signage).
(d) Communication towers allowed under this chapter shall be designed to accommodate co-location. The following provisions shall apply:
(i) All new communication towers shall accommodate co-location opportunities for a minimum total of three carriers unless proven unfeasible and so demonstrated pursuant to CCC 33.49.630(5);
(ii) An owner of a WCF approved under this chapter shall not deny a wireless provider the ability to co-locate on their facility at a fair market rate or at another cost basis agreed to by the affected parties;
(iii) Applicants for new communications towers shall contact all law enforcement, fire, and other public safety and emergency services agencies within the County prior to application submittal. All new WCFs approved under this chapter shall be designed for, and the owner shall not deny, co-location of emergency services and public safety agencies’ radio and communication equipment at fair market value or other cost basis as agreed by the parties.
(2) “Power Pole Replacement.” Placement of low-profile whip antennas or other microcell arrays on existing structures such as power poles, light standards, and light poles for street and parking lots shall be encouraged. The existing structure may be replaced with a similar diameter pole not exceeding 20 additional feet in height. The pole extension may not exceed the diameter of the pole at the mounting point. Power pole replacement proposals shall not be considered new support towers, and parcel size, setback, landscaping, and screening requirements of this chapter shall not apply.
(3) New Support Tower Installations. Except as provided by subsection (3)(e) of this section, the following general standards shall apply to new support towers:
(a) Between the eastern County boundary and the Elwha River, and north of Highway 101, applicants for new WCFs shall either:
(i) Utilize technology other than that which necessitates the construction of a support tower; or
(ii) Construct any new support tower using camouflage technology (i.e., camouflaging a tower to resemble a conifer). Such technology shall be in conjunction with the standards set forth by 33.49.520(3), Landscape and Screening;
(b) New support tower installations shall be a minimum of 1,000 feet from either State Route 101 or State Route 112;
(c) New support towers shall be a minimum of 1,000 feet from all parcels containing public and private schools, public parks, and sites listed on either the Washington State or National Register of Historic Places;
(d) Following the date of adoption of this chapter, one additional new support tower may be installed at any given existing WCF site; provided, that all of the following criteria are met:
(i) The existing site is within a Preference 1 area;
(ii) The proposed support tower does not exceed the height of the tallest existing tower on site;
(iii) The proposed tower does not require lighting pursuant to FAA regulations; and
(iv) The proposal conforms to all other applicable provisions of this chapter;
(e) For all new tower proposals where the installation site is to be divided for the purpose of lease or rent, approval of a binding site plan shall be required in accordance with Chapter 58.17 RCW, Plats – Subdivisions – Dedications, and Chapter 29.20 CCC, Final Plat Requirements and Process.
(4) Compliance with Other Regulations. In addition to the provisions of this chapter, all WCF proposals shall also be subject to all other applicable standards and regulations, including, but not limited to, the Uniform Building Code (UBC), Clallam County Critical Areas Code (Chapter 27.12 CCC), FCC and FAA regulations, Clallam County Zoning Code (this title) and the National Electrical Code (NEC5).
(5) Health, Safety and Welfare Hazards. If it is found that WCFs are or will be detrimental to the health, safety, or welfare of persons working or residing near such facilities, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the WCFs. In no case shall a WCF remain in operation if it is found to create a hazard to health, safety, and welfare. For the purposes of this chapter, a WCF shall not be found to create a hazard to health, safety, or welfare as a result of radio frequency radiation/electromagnetic frequency (RF/EMF) emissions from the WCF, so long as it meets all current standards established by the FCC, pursuant to FCC OET 65 and its successors.
The owner/operator of each WCF shall annually submit a written verification to the Administrator that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by a WCF conforms to safety standards set forth in FCC OET 65. The reports shall conform to reporting requirements set by the FCC.
If the WCF’s emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors, and such noncompliance shall constitute sufficient grounds for the Administrator to issue a stop work order or pursue other remedies pursuant to the provisions of CCC Title 20, Code Compliance, to the extent not precluded by State or federal law.
(6) Level of Service. Wireless communication facilities subject to the provisions of this chapter shall provide a level of service throughout Clallam County described as “in-vehicle” service.
(7) Performance Bond. The proponent of a support tower shall obtain a performance bond for the purpose of ensuring adequate removal of the structure upon termination of its use, consistent with the following:
(a) The performance bond shall be equal to or greater than 150 percent of the estimated cost of removal of the support tower, but not less than $1,000;
(b) For the purposes of this subsection, the estimated cost shall be based on the average of three (3) contractor’s bids determined acceptable by the Review Authority, based on reasonable cost estimates by licensed, bonded contractors;
(c) To adjust for inflationary increases, the performance bond shall be renewed every five (5) consecutive years, based on current contractor’s bids at the time of renewal as set forth in Subsection 33.49.510(7)(b);
(d) The proponent may be exempt from this requirement; provided, the proponent is contractually responsible to the landowner for removal of the structure at all times during the life of the structure. If at any time the proponent is removed from responsibility, the proponent shall notify the County within fourteen (14) days of the change, at which time the proponent shall secure a performance bond as provided in this subsection. Failure to comply with this requirement will be considered a violation of this chapter and will be processed by the Department in accordance with procedures set forth under CCC 26.10.700(4) through (7), as now or hereafter amended;
(e) In the event a landowner obtains ownership of an abandoned support tower, the landowner shall secure a performance bond within thirty (30) days of acquiring ownership, consistent with this subsection;
(f) Proof of performance bonds shall be submitted prior to final permit approval, and shall be processed in accordance with CCC 26.10.705, as applicable;
(g) Removal of support towers and/or co-located equipment is the responsibility of the tower owner and co-locators. In the event a support tower is not removed consistent with this chapter, Clallam County will have the authority to foreclose on the performance bond and utilize such funds as necessary to remove the support tower consistent with this chapter.
(8) Other Uses. Facilities shall not be used for storage of materials or equipment other than those used in operation and maintenance of the associated facility, nor shall WCFs be used for any other purposes other than the intended use as approved.
(9) Hazardous or Toxic Materials. No hazardous or toxic substances shall be discharged on the site of any wireless communications facility. If any such substances are to be used on site, provisions must be made for containment in the event of a spill. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110 percent of the volume of the hazardous or toxic materials stored on site. Any use of hazardous or toxic materials shall also be subject to federal, State, and local regulations, if applicable.
(10) Signage. Wireless communication towers and antenna(s) shall not be used for signage, symbols, flags, banners, or other devices or objects attached to or painted on any portion of a WCF except: emergency information, public safety warnings, and any additional signage required by a governmental agency shall be displayed in an appropriate manner and, if applicable, in compliance with the Clallam County Sign Code, Chapter 33.57 CCC.
(11) Anti-Climbing Devices. All support structures and security fencing shall be equipped with appropriate anti-climbing devices.
(12) Noise. Wireless communication facilities shall not generate noise levels in excess of maximum standards set forth in the Washington Administrative Code, Chapter 173-60 WAC. Generators may be allowed only for emergency operation purposes. If air conditioning or other noise generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.
(13) Attachment to Trees Prohibited. It is prohibited to attach any WCF or portion thereof to any tree.