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Ord 2187 - Inter Telecomm Fac Re COUNCIL BILL NO. 1778 ORDINANCE NO. 2187 AN ORDINANCE DECLARING AN EMERGENCY AND MAKING LEGISLATIVE FINDINGS TO SUPPORT SAID DECLARATION; ENACTING INTERIM TELECOMMUNICATIONS FACILITIES REGULATIONS; SETTING A REPEAL DATE; AND DECLARING AN EMERGENCY. WHEREAS, telecommunications technology has recently experienced rapid growth, and WHEREAS, the growth of this technology, together with federal legal deregulation, has resulted in an enormous increase in wireless communications, and WHEREAS, the Woodburn Zoning Ordinance was enacted prior to the advent of this telecommunications expansion, was intended to address only radio and television transmitter equipment, and is inadequate to address the contemporary technology of telecommunications facilities, and WHEREAS, the City Council finds it necessary to enact interim regulations which fairly and uniformly address applications for telecommunications facilities, while preserving the public's interest in reasonable requirement for these facilities, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City Council hereby declares that an emergency exists within the meaning of the City of Woodburn Charter of 1982. The Legislative Findings in support of this declaration of emergency are attached hereto as Exhibit "A" and are, by this reference, incorporated herein. Section 2. The Interim Telecommunications Facilities Regulations, attached hereto as Exhibit "B" and by this reference incorporated herein, are hereby enacted to alleviate the emergency. Section 3. The passage of this ordinance, and the Interim Telecommunications Facilities Regulations, enacted herein is expressly declared to be a temporary interim measure. This ordinance is repealed on August 1, 1997. Page 1 - COUNCIL BILL NO. 1778 ORDINANCE NO. 2187 ,.,....- ~. "-~--'''''._--'._'~'~'''''''----~-'------ -. Section 4. The City Council hereby directs planning staff to proceed immediately to initiate an amendment of the Woodburn Zoning Ordinance to address zoning and development regulations of telecommunications facilities. Section 5. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance shall be in full forc~fect from and after the date of its passage. Approved as to form: ~ ~ 2 -I f) - ? 7- City Attorney Date APPROVED: &--2 Nancy A. II((rksey, Mayor F ebrua ry 10, 1997 February 10, 1997 F ebrua ry 10, 1997 February 10, 1997 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: 11(M.;/~* Mary 'Alnnant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1778 ORDINANCE NO. 2187 .,........ ..._..,______..".._'_..____4~'...-"-. EXHIBIT" A" LEGISLATIVE FINDINGS I. Reauirement of Findinas A. While nothing requires that the City Council's legislative decision be supported by findings, the City Council makes these findings to show its intent and its compliance with all applicable legal standards. II. Declaration of Emeraency A. Chapter II, Sections 4 and 5 of the City of Woodburn Charter of 1982 enumerate the powers of the City of Woodburn as follows: Chapter II POWERS Section 4. POWERS OF THE CITY. The city shall have all powers which the constitutions, statutes, and common law of the United States and of this state expressly or impliedly grant or allow municipalities, as fully as though this charter specifically enumerated each of those powers. Section 5. CONSTRUCTION OF CHARTER. In this charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the city would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws and to the municipal home rule provisions of the state constitution. B. The City Council finds that this charter provision gives the City of Woodburn all the rights, powers, privileges and immunities which the Constitution, statutes and common laws of the United States and of the state expressly or impliedly grant or allow to a municipality. The charter is to be liberally construed to the end that the city shall have all the powers contemplated by municipal home rule provisions of the Constitution and laws Page 1 - EXHIBIT" A" ..,..-.. ~-~_. -_.~_._._,..--',..~-----'-- ~, of the state. It is effective to grant the city the full extent of powers which the home rule amendments to the Constitution permit. C. The City Council further finds that as a municipality it has the power and authority to enact an emergency ordinance. Thielke v. Albee 79 Or 48, 153 P. 793 (1916). D. The City Council further finds that an emergency exists because telecommunications technology has recently experienced rapid growth and this has resulted in an enormous increase in wireless communications and telecommunications facilities siting requests. The Woodburn Zoning Ordinance, which was enacted before the advent of this telecommunications expansion, was never intended to address this technology and is inadequate and out-of- date. Therefore, it is necessary for the City Council to enact interim telecommunications facilities regulations in order to protect the public's interest and alleviate the emergency. E. The City Council further finds because the enactment of this ordinance has not been subject to the City's standard hearing and citizen involvement procedures for enacting ordinance, it is the Council's express intent that this ordinance be a temporary interim measure. This ordinance shall, therefore, be repealed on August 1, 1997. F. The City Council further finds that because of the importance of enacting permanent regulations, planning staff will be directed to proceed immediately to initiate an amendment of the Woodburn Zoning Ordinance. III. Reaulations not a Moratorium A. The City Council finds that the Interim Telecommunications Facilities Regulations do not constitute, and are not intended to be, a land development moratorium under ORS 197.505, et seq. The city of Woodburn will continue to process applications for telecommunications facilities on a uniform, reasonable and expeditious basis. B. The City Council further finds that the City of Woodburn has the power and authority to enact an emergency ordinance providing for interim telecommunications facilities regulations without imposing a development moratorium. Page 2 - EXHIBIT" A" "..- - .."..".._-_....,....--------~~_._-~.... IV. ComDliance with Federal Law A. The City Council finds that the Interim Telecommunications Facilities Regulations comply with federal law and, specifically, the Telecommunications Act of 1996 (P.L. 104-104). B. The City Council further finds that the Interim Telecommunications Facilities Regulations do not unreasonably discriminate among providers of functionally equivalent services or have the effect of prohibiting the provision of personal wireless services. C. The City Council further finds that the Interim Telecommunications Facilities Regulations provide, consistent with the Woodburn Zoning Ordinance and Oregon statutory requirements, that the city shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of such request. D. The City Council further finds that the Interim Telecommunications Facilities Regulations do not constitute regulations of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions. E. The City Council further finds that the Interim Telecommunications Facilities Regulations provide, consistent with the Woodburn Zoning Ordinance and Oregon statutory requirements, that the denial of a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. A,\FINDINGS Page 3 - EXHIBIT" A" EXHIBIT "B" INTERIM TELECOMMUNICATION FACILITIES REGULATIONS Section 1. Definitions As used in this Ordinance: 1 . Aerial means a privately owned and operated antenna for noncommercial uses subject to height limitations as specified in the Woodburn Zoning Ordinance. For purposes of this ordinance "aerial" includes ham radio antennae and is not a "telecommunications facility. n 2. Exchanae Carrier means a provider of telecommunications services. 3. Telecommunication Facilities means facilities designed and used for the purpose of transmitting, receiving, and voice and data signals from various wireless communication devices. The following definitions apply to the regulation of telecommunications facilities: a. Ancillarv Facilities means the structures and equipment required for operation of the telecommunication equipment, including but not limited to antennae, repeaters, equipment housing structure, and ventilation and other mechanical equipment. b. Antenna(el means an electrical conductor or group of electrical conductors that transmit or receive radio waves. c. Attachment means an antenna or other piece of related equipment affixed to a transmission tower. d. Backhaul Network means the lines that connect a provider's towerslcell sites to one or more cellular telephone switching offices, and lor long distance providers, or the public switched telephone network. e. Collocated Facilitv means new attachments, antennae, or towers placed on existing suitable structures or existing or rebuilt transmission towers or the addition of ancillary facilities to an existing transmission tower facility site without increasing the tower facility site area. f. New Facilitv means the installation of new transmission towers. New attachments are not new facilities. Page 1 - EXHIBIT "B" '_~.. ..._._._._."_.__.._".M'<O__'_~~""'--"___"'~_' _T g. Pre-existino Towers and Pre-existina Antennas means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance. h. ReDeater means equipment containing both a receiver and a transmitter; used to relay radio signals over large distances or to provide signals in an area otherwise in shadow. i. Shadow means a geographic area that has less than adequate telecommunication service coverage. j. Tower FootDrint means the area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members but excluding ancillary facilities and guy wires and anchors. k. Tower Pad means the area that encompasses the tower footprint, ancillary facilities, fencing and screening. I. Tower Heioht means the vertical distance measured from the highest point on the transmission tower or other structure, including any antennae, to the original grade of the ground directly below this point. m. Transmission Tower means the structure on which transmitting or receiving antennae are located. For purposes of this chapter, ham radio transmission facilities are considered "aerials" and not "transmission towers." i) Guved Tower. A tower which is supported by the use of cables (guy wires) which are permanently anchored. ii) Lattice Tower. A tower characterized by an open framework of lateral cross members which stabilize the tower. Iii. MonoDole. A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys. 4. Utilitv. For purposes of this chapter, a utility is any person (as defined by the Woodburn Zoning Ordinance) who is a local exchange carrier or an electric, gas, water, or other public utility, and who owns or controls poles, ducts, conduits, or rights of way used, in whole or in part, for any wire or cable communications. Page 2 - EXHIBIT "B" .....~^ ~ ,'_" "_'_'_'d.~_"'~_'"'_""".~" _"._._"...__...,_".._..""__,,,.. ..__~_._""~,,,~__,""'''' Section 2. Use Desianation 1. New Telecommunications Facilities shall not be permitted in any residential zones and shall be a conditional use in all other zones. For the purposes of this ordinance, the Central Business District and the Downtown Historic District are residential zones. 2. Collocated Facilities shall be a permitted use in all zones. Section 3. Method of Review Conditional use applications for new telecommunications facilities shall be reviewed pursuant to Chapter 14 of the Woodburn Zoning Ordinance and these Interim Telecommunications Facilities Regulations. Section 4. AODlication Reauirements In addition to standard required application material, an applicant for a new or collocated telecommunication facility shall submit the following information: 1. A visual study containing, at a minimum, a vicinity map depicting where, within a three mile radius, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and accessory structures from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Planning Director and applicant. This study shall not be required for collocation on existing transmission towers, but shall be required for collocation on other structures. 2. A demonstration that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. 3. A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods. This plan shall not be required for collocation on existing buildings or where there is no opportunity to provide additional landscaping. 4. Evidence demonstrating collocation is impractical on existing tall structures, existing transmission towers, and existing tower facility sites for reasons of safety, available space, or failing to meet service coverage area needs. This evidence shall not be required for collocation proposals. Page 3 - EXHIBIT "B" 5. A report containing the following information: a. A description of the proposed tower and reasons for the tower design and height. b. Documentation to establish the proposed tower has sufficient structural integrity for the proposed uses at the proposed location in conformance with minimum safety requirements as required by the State Structural Specialty Code, latest adopted edition. c. A description of mitigation methods which will be employed to avoid ice hazards, including increased setbacks, and lor de-icing equipment. d. The general capacity of the tower in terms of the number and type of antennae it is designed to accommodate. e. Documentation demonstrating compliance with non-ioOlzlng electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications commission (FCC). f. A signed agreement stating that the applicant will allow collocation with other users, provided all safety and structural requirements are met. This agreement shall also state that any future owners or operators will allow collocation on the tower. This agreement is not necessary if the applicant is collocating and does not own the facility or structure; however, a consent to allow the owner to grant access to other users for the same structure or facility shall be required. g. A soils report if the property contains weak foundation soils or has landslide potential. h. Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in section 5(7) or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards. i. Identification of the entities providing the backhaul network for the towers(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. Section 5. Standards of Aooroval- All Telecommunications Facilities All new telecommunications facilities shall comply with the following standards: Page 4 - EXHIBIT "B" 1. Site Size: A new telecommunication facility shall be located on a property large enough to provide: a. A setback from any property line to the tower footprint which is at least two-thirds the tower height. This standard shall not apply to collocated telecommunications facilities. b. A tower "pad" large enough to allow for additional collocated and ancillary facilities. The tower or towers shall be located centrally on this pad. This standard shall not apply to antennae attached to existing structures or towers located on rooftops. c. Protection to adjoining property from the potential impact of tower failure and ice falling from the tower. A licensed structural engineer's analysis shall be submitted to demonstrate that such failure and ice fall will be accommodated on the site. d. Separation from pre-existing towers. Tower separation shall be measured by following a straight line from the base of the proposed tower to the base of any pre-existing tower. Minimum separation distances (listed in linear feet) shall be as follows: Lattice Guyed Monopole Monopole >80' <80' in height in height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole > 80' 1,500 1,500 1,500 750 in height Monopole < 80' 750 750 750 750 in height 2. Collation a. Before a proposal for a new transmission tower is considered, an applicant shall exhaust all collocation options including placement of antennae on existing tall structures and placing multiple antennae or attachments on a single tower. In cases where an existing tower is modified or rebuilt to a taller height to allow collocation, such change may only occur one time per communication tower site and may only occur when the Page 5 - EXHIBIT "B" ,.,...-- ~,.~ '-'-'-~""-'~-'-'-'..,....-.'~--_...'_._--'-" modification or rebuild request has been initiated by a separate exchange carrier. b. New telecommunications facilities shall be constructed so as to accommodate future collocation, based upon expected demand for transmission towers in the service area. Towers shall be designed so as to accommodate a minimum expansion of three two-way antennae for every 40 vertical feet of tower. c. Towers or attachments may be collocated on existing structures such as athletic field light poles, utility poles or towers, and tall buildings provided the addition of the antenna equipment will not cause undue interference with the normal operation of utilities or existing transmission facilities and the tower or attachment either complies with the height limit of the underlying zone. The color and design of such antenna equipment and structures shall be compatible with the existing structure. d. Replacement of existing pole type structures may be permitted for the purpose of collocation, provided that there is no change to the type of tower. Setback and other locational criteria of the underlying zone shall still apply. e. Multiole Attachments on Utilitv Towers. In conformance with the Telecommunications Act of 1996, Section 703, a utility shall provide any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right of way owned or controlled by it, unless there is insufficient capacity or access can not be granted for reasons of safety, reliability, and generally applicable engineering purposes. 3. Heiaht. New telecommunication facilities shall not exceed the height limits established by the underlying zone. Exceptions to height limitations in this subsection require a variance per Chapter 13 of the Woodburn Zoning Ordinance. 4. Visuallmoact. The applicant shall demonstrate that the tower will have the smallest practicable visual impact on the environment, considering technical, engineering economic, and other pertinent factors. a. The height and mass of the transmission tower shall not exceed that which is essential for its intended use and public safety as demonstrated in a report prepared by a licensed structural engineer. b. Towers 200 feet or less in height shall be painted in order to best camouflage the tower with regard to compatibility with Page 6 - EXHIBIT "B" _.. ..- . ',...._-_..~-- ""--'.or---._~----"- ."-..----,--~- --..... .-_,_.. surrounding objects and colors. Unless towers are otherwise disguised or collocated, towers shall be camouflaged as trees whenever structurally possible. c. Towers more than 200 feet in height shall be painted in accordance with the Oregon State Aeronautics Division and Federal Aviation Administration. Applicants shall attempt to seek a waiver from OSAD and FAA marking requirements. When a waiver has been granted, towers shall be painted andlor camouflaged in accordance with subsection 4(bl. above. 5. Accessorv Uses. Accessory uses shall include only building facilities that are necessary for transmission function and associated satellite ground stations, and shall not include broadcast studios (except for emergency broadcast), offices, vehicle storage areas or other similar uses not necessary for the transmission or relay function. No unenclosed storage of materials is allowed. 6. Liahtino. No lighting shall be permitted on transmission towers except that required by the Oregon State Aeronautics Division or Federal Aviation Administration. This standard shall not prevent shared use or replacement of an existing light pole. For collocation on existing or replaced light poles the transmission tower shall have no net increase to the spread, intensity, or direction of the existing light source. 7. Noise. Noise generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 30dBA when adjacent to residential uses and 45dBA in other areas. 8. Fences and LandscaDino: a. The tower(s) and ancillary facilities shall be enclosed by a six foot fence meeting the requirements of the Woodburn Zoning Ordinance. Chain link fences, when allowed, shall be black vinyl coated. Where a six foot fence in sound condition already exists on a side or sides of the tower pad area, fencing requirements may be waived for that side. b. Landscaping shall be placed outside of fences and shall consist of fast growing vegetation with a minimum planted height of six feet placed densely so as to form a solid hedge. c. Landscaping fencing shall be compatible with other nearby landscaping and fencing. Page 7 - EXHIBIT "B" ~ ^"_.. ".".""'"T"'">~._.__._u..__.,-~.,._-_,__.,_~___.,____."_. .T d. Where antennae or towers and ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing requirements may be waived. 9. ~: One non-illuminated sign, not to exceed 2 square feet, shall be provided at the main entrance to the facility stating contact name and phone number for emergency purposes. Signs shall not be placed on towers and antennae. Section 6. Abandoned Facilities A transmission facility where use is discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner no later than 90 days from date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement pursuant to the Woodburn Nuisance Ordinance and any other available legal remedies. Upon written application prior to the expiration of the six month period, the City Administrator shall grant a six month extension for reuse of the facility. Additional extensions beyond the first six month extension may be granted by the City Administrator subject to any conditions required to bring the project into compliance with current law(s) and make compatible with surrounding development Page 8 - EXHIBIT "B" .....-. .__..._.~----,...._-----,...-_._~." - ""'-.-., "..".-..<--".._-.~-,..,-,.-._.- -,