A. 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:

1. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider; and

2. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section; and

3. The WCF shall comply with all other applicable standards of this chapter and this code.

4. The combined antennas and supporting structure may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone. The antenna and supporting structure height may be increased only once per WCF site pursuant to this section.

5. An existing WCF may be modified or rebuilt to a taller height, not to exceed twenty feet over the tower's existing height and subject to all other applicable provisions of this chapter, including by way of example, and not limitation any applicable requirements or special property use and building permits. The height of an existing tower may be increased only once under this subsection.

6. The antennas are mounted on the structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to subsection F of this section.

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

1. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider; and

2. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section; and

3. The WCF shall comply with all other applicable standards of this chapter and the WMC.

4. The combined WCF antenna and support structure may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure.

5. The antennas shall be mounted on the structure such that they are located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to the applicable requirements of this chapter.

6. Required setbacks shall not pertain to WCFs within public rights-of-way. Equipment enclosures located underground on properties adjacent to the public right of way shall be exempt from setback requirements of the underlying zone. However, equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements of the underlying zone.

7. 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 collocation of additional WCF equipment.

8. WCFs shall not be permitted on new structures in the public rights-of-way constructed exclusively for the purpose of locating a WCF. Existing structures in the public rights-of-way may be replaced for the purpose of locating a WCF if the replacement structure is placed in the same location as the original structure, the original structure is not sufficiently structurally sound for location of a WCF, and the replacement structure does not exceed the height of the original structure by more than fifteen feet.

9. If the existing structure in the public right-of-way upon which a WCF is located ceases to be used for any purpose other than the location of the WCF, the owner of the WCF shall assume full responsibility for the maintenance and safety of the structure upon which the WCF is located.

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

1. Minimum Requirements. The placement of wireless communications facilities on public property must comply with the following requirements:

a. The facilities will not interfere with the purpose for which the public property is intended;

b. The facilities will have no significant adverse impact on surrounding private property;

c. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. If the site is town-owned property, the town shall establish fees after considering comparable rates in other cities, potential expenses, risks to the town, and other appropriate factors;

d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the town to cover the costs of removing the facilities;

e. The facilities will not interfere with the ability of other wireless communications services providers to utilize the site;

f. The lease shall provide that, the applicant must agree that in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the town may require the applicant to remove the facilities at the applicant's expense;

g. The applicant must reimburse the town for any related costs which the town incurs because of the presence of the applicant's facilities;

h. The applicant must obtain all necessary land use approvals and permits; and

i. The applicant must cooperate with the town's objective to encourage co-locations and thus limit the number of cell sites requested, or camouflage the site.

2. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider; and

3. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section; and

4. The WCF shall comply with all other applicable standards of this chapter and this code.

5. WCFs located on public property shall conform to the height requirements of the underlying zone; provided, that for WCFs mounted on existing structures, the antenna and support structure may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone.

6. Antennas mounted on existing structures shall be architecturally compatible with the building and wall upon which it is mounted and shall be designed to minimize adverse visual impacts. Architectural compatibility may be achieved by camouflage, screening, painting, texturing, or other techniques. The proposed technique to achieve architectural compatibility shall be reviewed and approved by the town.

7. Additional Requirements for Public Parks. The use of public parks for wireless communications facilities brings with it special concerns due to the unique nature and function of these sites. The placement of WCFs in public parks will be allowed only when the following additional requirements are met:

a. In no case shall WCFs be allowed to be located in designated environmentally sensitive areas unless they are located on existing structures.

b. In no case shall WCFs be allowed to be located in the Woodway Nature Park.

c. Before wireless communications facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use of the park.

d. Wireless communications facilities may be located in park maintenance facilities.

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

1. Placement of a ground mounted WCF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements.

2. The type, number and size of the WCF antenna(s) shall be designed to result in the minimum visual and view impacts to surrounding properties and public rights-of-way, based on the specific project location, surrounding environment, potential visual impacts, and proposed screening and/or camouflage technology, within the technical requirements of the wireless services provider; and

3. The equipment enclosure for the WCF shall meet all requirements of subsection H of this section; and

4. The WCF shall comply with all other applicable standards of this chapter and this code.

5. Monopoles shall be the only ground mounted structures allowed in the town. Lattice towers or other ground mounted structures shall not be permitted.

6. In no case shall a ground mounted WCF be located closer than five hundred feet to an existing ground mounted WCF whether it is owned or utilized by the applicant or another wireless communications services provider.

7. New ground mounted WCFs or existing WCFs rebuilt to a taller height shall comply with the height limit of the underlying zone. Exceptions from the applicable height limit shall require approval under the special property use procedures as described in Chapter 14.48 and town of Woodway Ordinance 99-368.

8. A ground mounted WCF, including the support structure and associated equipment enclosure, shall comply with all required setbacks of the zoning district in which it is located; provided, that equipment enclosures located underground shall be exempt from setback requirements.

9. Ground mounted WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, topography and structures so as to:

a. Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or

b. Use existing site features as a background so that the total WCF blends into the background with increased distance.

10. In reviewing the proposed placement of a WCF on the site and any associated landscaping, the town may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility.

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

1. The applicant shall demonstrate that the antenna and antenna support structure proposed in its application is the minimum height required to provide a reasonable coverage area within the town and that such coverage cannot be attained through co-location on existing towers or a combination of smaller facilities. No antenna or support structure that is taller than this minimum required height shall be permitted.

2. The combined antennas and supporting structure of the following types of WCFs may extend up to, but not exceed, fifteen feet above the existing structure, regardless of the height limit of the underlying zone:

a. A WCF mounted on existing broadcast, relay and transmission towers not located in a public right-of-way. This additional height may occur only once per WCF site.

b. A WCF mounted on an existing structure on public property not located in a public right-of-way.

3. The combined antennas and supporting structure of a WCF mounted on existing structure located in a public right-of-way may extend up to, but not exceed, fifteen feet above the existing structure. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure.

4. All WCFs other than those identified above in subsections (E)(2) and (E)(3) shall comply with the height limit of the underlying zone. Exceptions from the applicable height requirement may be made under the special property use procedures as described in Chapter 14.48 and town of Woodway Ordinance 99-368.

F. 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.

G. 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.

H. Standards for Electronics Equipment Enclosures.

1. The following shall be the ranked priority list for the location of proposed equipment enclosures for WCFs. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosure in each of the higher priority locations and document, to the town's satisfaction, why locating the equipment enclosure in each of the higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows:

a. Equipment enclosures placed underground.

b. Equipment enclosures placed in an existing completely enclosed building.

c. Equipment enclosures placed above ground in an enclosed cabinet or cabinets that do not exceed six feet in height and do not occupy more than forty-eight square feet of floor area, including areas for maintenance or future expansion.

d. Equipment enclosures placed above ground in a new completely enclosed building.

2. If above ground, equipment enclosures shall be screened with one or a combination of the following methods, which shall be acceptable to the town: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure to the greatest extent possible from any street and/or adjacent properties, as determined by the town. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, as deter-mined by the town. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the landscaping and security fencing requirements of this chapter.

3. Equipment enclosures located above ground shall meet all applicable setback requirements of the underlying zone. Equipment enclosures located underground shall be exempt from setback requirements of the underlying zone.

4. If the equipment cabinet is located within a new completely enclosed building, the building shall conform to all applicable development standards for the underlying zone. The completely enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site and in the vicinity.

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

1. The following shall be the required order of locations for proposed electronic equipment enclosures for WCFs located on existing structures within public rights-of-way. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosures in each of the higher priority locations and document, to the town's satisfaction, why locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows:

a. Equipment enclosures mounted above grade on a structure in the public right-of-way in an enclosed cabinet. The size of the equipment enclosure shall be limited to that which can be structurally supported by the structure in the public right-of-way.

b. Equipment enclosures placed underground within the public right-of-way.

c. Equipment enclosures placed underground on an adjacent property outside of the public right-of-way.

d. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occupy more than 48 square feet of floor area, including areas for maintenance or future expansion.

e. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an existing completely enclosed building.

f. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in a new completely enclosed building.

g. Equipment enclosures placed above ground within the public right-of-way in an enclosed cabinet that does not exceed three feet in height and occupy more than eighteen square feet of floor area, including areas for maintenance or future expansion.

2. Equipment enclosures located underground on properties adjacent to the public right-of-way shall be exempt from setback requirements of the underlying zone.

3. Equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements of the underlying zone.

4. Equipment enclosures located above ground on properties adjacent to the public right-of-way shall be designed, located, landscaped and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties.

5. Equipment enclosures located above ground within the public right-of-way shall be designed, located, landscaped and screened to minimize adverse visual and functional impacts on the pedestrian environment. Examples include designing the equipment enclosure as street furniture, landscape planters, or other streetscape features.

6. Equipment enclosures, landscaping and screening shall not adversely impact vehicular sight distance.

7. Equipment enclosures located underground or in a completely enclosed building shall be exempt from the landscaping and security fencing requirements of this chapter.

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

1. Landscaping, as described herein, shall be required to provide a solid visual screen of WCFs and blend the site into surrounding residential uses. The town may permit any combination of existing vegetation, topography, walls, decorative fences, and other features instead of landscaping, if they achieve the same degree of full visual screening and blending as the required landscaping. If the antenna is mounted flush on an existing building or on a structure within the public right-of-way, landscaping requirements may be modified or not required, as determined by the town. Equipment enclosures located underground or within a completely enclosed building shall be exempt from landscaping requirements.

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

3. Tree, shrub and groundcover spacing shall be appropriate for the species type, and consistent with the intent to provide a solid visual screen. WCF landscaping shall consist of the following:

a. Evergreen trees, shrubs and groundcovers, which will provide a one hundred percent sight-obscuring screen within three years from the time of planting; or

b. A combination of approximately seventy-five percent evergreen and twenty-five percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a one hundred percent sight-obscuring decorative fence or other architectural feature.

4. In the event that landscaping is not maintained at the required level, the town may provide thirty days advance written notice of such violation to the owner of the WCF. The owner of the WCF shall be required to maintain or re-install the required landscaping, or be subject to the penalties described in Chapter 14.56.

K. 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 groundcovers. 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.

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

M. 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.

N. 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.

O. 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. (Ord. 00-395 §8, 2000)