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HomeMy WebLinkAboutOrdinance 6394 01/07/2019 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6394 (EMERGENCY) AN ORDINANCE AMENDING SPRINGFIELD DEVELOPMENT CODE SECTION 4.3-145 — WIRELESS TELECOMMUNICATION FACILITIES REGARDING SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY WITHIN CITY LIMITS; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY WHEREAS, the Springfield City Council adopted Ordinance No. 6292 on April 15, 2013, to amend standards and definitions in the Springfield Development Code to regulate and establish a review process for the development of wireless telecommunication systems (WTS) facilities; WHEREAS, Springfield Development Code (SDC) Section 4.3-145 contains the standards and processes to be applied to the development of WTS facilities, including WTS facilities in the public rights-of-way of the city; WHEREAS, the City has authority under federal, state, and local laws to regulate the use and occupancy of streets, rights-of-way, and other City property and to grant access to the rights-of-way and other City property upon certain terms and conditions; WHEREAS, on September 26, 2018, the Federal Communications Commission (FCC) adopted a DeclaratoryRuling and Third Reportand Orderthat applies to City regulation of small wireless facilities in the public rights-of-way and which requires that any aesthetic standards the City applies to the development of such facilities must be reasonable, non-discretionary, and published in advance, and which imposes 60 and 90 day"shot clocks"for approving or denying applications for such facilities; WHEREAS, the Declaratory Ruling and Third Report and Order provisions regarding shot clocks become effective January 14, 2019, and the provisions regarding aesthetic regulations become effective on April 14, 2019; WHEREAS, it is necessary to amend SDC 4.3-145 regarding small wireless facilities in public rights-of- way within the City of Springfield to comply with the new FCC rules regarding shot clocks for permit review and aesthetic regulations; WHEREAS, notice was sent to the Department of Land Conservation and Development on November 18, 2018, less than 35 days prior to the first evidentiary hearing as required under OAR 660-018-0020, but the untimely submission has been cured under OAR 660-018-0040(8) by leaving the public record open through January 7, 2018; WHEREAS, on November 20, 2018, the Planning Commission held a duly-noticed public hearing regarding this proposal, Planning File#811-18-000219-TYP4, and after review of the staff report, evidence in the record, and testimony of those who spoke at the public hearing, the Planning Commission recommended approval of the proposed amendments based on the findings of fact set forth in the Commission's Order and Recommendation; WHEREAS, on January 7, 2019, the Springfield City Council conducted a first reading and held a duly- noticed public hearing on the recommended amendments and is ready to approve the amendments based on the findings of fact in Exhibit A, attached hereto and incorporated by reference; WHEREAS, these regulations are adopted through the City of Springfield's broad home rule authority under the Chapter II of Springfield City Charter, which provides the following: Section 4. Powers of the City. The City has all powers that the constitutions, statutes and common law of the United States and of the State of Oregon now or hereafter expressly or impliedly granted or allowed the City, as fully as though this Charter specifically enumerated each of those powers. Section 5. Construction of Powers. In this Charter no specification of power is exclusive or restricts authority that the City would have if the power were not specified. The Charter shall be liberally construed, so that the City may exercise as fully as possible all powers possible for it under this Charter and under United States and Oregon law. A power of the City continues unless the grant of the power clearly indicates the contrary. WHEREAS, these amendments to SDC 4.3-145 for small wireless facilities in a public right-of-way are necessary for the immediate preservation of the public health, safety, and welfare, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The findings of fad set forth in Exhibit A are adopted. Section 2. Section 4.3-145 of the Springfield Development Code is amended as provided in Exhibit B, attached hereto and incorporated by reference. Section 3. Savings Clause. Except as specifically amended herein, Section 4.3-100 of the Springfield Development Code shall continue in full force and effect. Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 5. Effective date of Ordinance. It is hereby found and determined that the matters relating to the adoption of amendments to SDC 4.3-145 regarding small wireless facilities in the public rights-of-way are matters affecting the public health, safety and welfare and that an emergency therefore exists, and this Ordinance shall take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 7 day of January . 2019, by a vote of 6 for and . o against. APPROVED by the Mayor of the City of Springfield this 7th daay/ yof .iantiary , 2019. !. Mayor ATTEST: REVIEWED&APPROVED City corde AS TOM DATE: OFFICE 01 C NO- 6394 Exhibit A—Page I of 8 STAFF REPORT AND FINDINGS SPRINGFIELD CITY COUNCIL DEVELOPMENT CODE AMENDMENTS SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY City Council Public Hearing Date: January 7,2019 Springfield Journal N: 811-18-000219-TYP4 PROPOSAL DESCRIPTION Proposal: Amendments to Springfield Development Code section 4.3-145 regarding small wireless facilities in the public rights-of-way, to comply with new Federal Communication Commission rules Applicant: City of Springfield Location: The proposed code amendments apply to public rights-of-way within the limits of the City of Springfield. BACKGROUND On September 27th,the Federal Communications Commission(FCC)issued a Declaratory Ruling and Third Report and Order regarding wireless broadband infrastructure that preempts many aspects of local management of small cell wireless infrastructure in the public rights-of-way. There are three main components to the Declaratory Ruling: (1)it caps local government fees for use of the right-of-way(not addressed by these proposed amendments), (2) it preempts some local aesthetic regulations,and(3) it imposes 60-90 day shot clocks(timelines within which an application must be approved)for small wireless facility applications. Specifically, the new FCC rules apply to small wireless facilities,which are defined as facilities that meet the following requirements: (1) Facilities: • Mounted on structures 50 feet or less in height including their antennas; or • Mounted on structures no more than 10 percent taller than other adjacent structures;or • That 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 3 cubic feet in volume; and (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume. The Springfield Development Code section 4.3-145 governs development standards regarding all wireless telecommunications systems(WTS)facilities within the City and its Urban Growth Boundary. It also determines the level of review required to approve applications for WTS facilities. To comply with the FCC order,staff have determined that the City should amend section 4.3-145 for facilities that fall under the FCC rules,which is limited to small wireless facilities in City-owned public rights-of-way within City limits. Findings 8 and 9 below address how the proposed amendments enable the City to comply with the new FCC rules. ORDINANCE NO. 6394 Exhibit A—Page 2 of 8 The FCC Declaratory Ruling and Third Report and Order has an effective date of January 14,2019. After the Planning Commission hearing and recommendation,the FCC issued a subsequent order on December 11,2018,clarifying that the aesthetic requirements set out in the Declaratory Ruling and Third Report and Order do not become effective until April 15,2019,or 90 days after the effective date of the order. However,the new FCC requirements that impose 60-and 90-day shot clocks will take effect on January 14, 2019. The amendments contained herein are necessary to allow the City to comply with these shot clocks(see Finding 9),and so staff still recommend that the City Council approve the amendments as an emergency ordinance following the January 7 public hearing. The proposed amendments are limited to public rights-of-way inside City limits to address the FCC rules, and will not apply in the urbanivable area. If Lane County determines that it should amend the standards that apply to these facilities outside City limits,then the City and County can co-adopt standards for rights-of-way outside City limits at a later time. NOTIFICATION AND WRITTEN COMMENTS Notice of the Planning Commission public hearing on November 20, 2018 was published in the The Register Guard on Tuesday,November 13,2018 as required by Springfield Development Code 5.2- 115.6. Notice was also provided to Lane County as a right-of-way owner within the City and to Springfield Utility Board as the owner of utility poles within the City. Notice of the Springfield City Council public hearing on January 7,2019,was published in The Register Guard on Tuesday, December 18,2018 as required by Springfield Development Code 5.2-115.B. Under ORS 197.610(1) and Oregon Administrative Rule(OAR) 660-018-0020, prior to adopting a change to an acknowledged comprehensive plan or land use regulation,local governments are required to notify the state Department of Land Conservation and Development (DLCD) at least 35 days prior to the first evidentiary hearing. A Notice of Proposed Amendment was transmitted to the DLCD on November 14, 2018,which is less than 35 days prior to the Planning Commissions' public hearing on the matter. Under ORS 197.610(2)and OAR 660-018-0022(2),the local government may submit changes later than the 35-day deadline if it determines that emergency circumstances outside the control of the local government require expedited review. The FCC's Declaratory Ruling and Third Report and Order was issued on September 27,2018 and published in the Federal Register on October 15,2018. Staff met with the City Council in work session on November 5 to review the new FCC rules. The Council provided staff with direction to pursue amendments to the Springfield Development Code allow the City to comply with the new FCC mles regarding objective aesthetic requirements and shot-clocks for reviewing applications. The FCC rules regarding shot clocks become effective on January 14,2019 and the rules regarding aesthetic standards became effective April 15,2019. These circumstances necessitate expedited review and prevent the City from being able to comply with the requirement to provide DLCD with 35 day notice prior to the first evidentiary hearing. In compliance with the City's acknowledged procedures for legislative amendments to the Springfield Development Code,the Springfield Planning Commission held the first evidentiary hearing on November 20, 2018;the City Council public hearing is being held on January 7,2019. The proposed amendments were submitted to DLCD on November 14,2018,which is as early as practicable. Alternately,if the FCC rulemaking is not an emergency circumstance that justifies expedited review,then the City has cured the untimely submission under ORS 197.620 and OAR 660-018-0040(8). Specifically, the City cured the untimely submission of proposed changes by holding the evidentiary record open for an additional period of time equal to 10 days or the number of days by which the submission was late, whichever is greater. The submission to DLCD on November 14,2018 is 6 days before the Planning ORDINANCE NO. 6394 Exhibit A—Page 3 of 8 Commission hearing on November 20,2018. The written record has been left open until the City Council public hearing on January 7,2019, which is longer than the additional time needed to cure under OAR 660-018-0040(8). Prior to the Planning Commission public hearing on November 20,City staff received input from Springfield Utility Board(SUB)and wireless company representatives regarding the proposed amendments to SDC 4.3-145. At the public hearing on November 20,2018,staff provided the Planning Commission with an updated version of the proposed amendments which incorporated the follow input from SUB and wireless representatives: a new definition for"small wireless facility structure"to include utility poles and other poles supporting small wireless facilities in the public rights-of-way; further clarification as to which existing standards for WTS facilities are applicable to small wireless facilities; revision of the height limits for small wireless facilities and the definition of"antenna equipment"to match language used in the FCC rules;additional flexibility for the location of antennas and equipment on poles to comply with SUB's requirements for co-location on its power poles;and clarification that placement of small wireless facilities on poles not owned by the City requires written authorization from the owner. The Planning Commission voted to recommend the City Council approve the updated version of the proposed amendments to SDC 4.3-145. Representatives of AT&T and Verizon Wireless offered testimony to the Planning Commission in favor of the proposed amendments,citing the need for small wireless facilities in the City's public rights-of-way to keep up with current demand for wireless data and to allow deployment of 5G wireless technology. Wireless carrier representatives also provided input to City staff that was not incorporated into the Planning Commission recommendation. Wireless company representatives both requested that the City amend SDC 4.3-145.F to remove the requirement that new WTS facilities,other than small wireless facilities,show the need for a new WTS facility and lack of coverage and capacity. This proposed revision was not included in staff's updated proposed code amendments because it is outside the scope of these amendments,which is limited to addressing small wireless facilities in the public rights-of-way in City limits. The wireless company representatives also provided input that a limit of two antennas or antenna arrays per pole(proposed SDC 4.3-145.F.28.d)may not be reasonable to meet the needs of 5G, which they stated could require as many as 3-5 antennas per pole. The Planning Commission voted to recommend approval of the 2-antenna per pole limitation as a reasonable aesthetic standard. Finally, wireless company representatives provided input to staff that the code should allow equipment to be located on the ground or per utility owner's requirements. SUB and City staff have worked together to reach agreement that new equipment pedestals in the rights-of-way are a serious safety concern. Utility meters may need to be located on a pole lower than the 10-foot clearance identified in proposed subsection F.28.f,but City engineering staff would work with the applicant and SUB to identify the proper location to protect pedestrians and others. Following the Planning Commission public hearing and recommendation,the Springfield Utility Board provided additional public comment regarding the proposed height limitations and the likely future applicability of the code amendments, included in the packet as Attachment 3. In response to this comment,staff advise that the height limitations for small wireless facilities in SDC 4.3-145.F.28.a are consistent with the height limitations set forth by the FCC rules for small wireless facilities; if a wireless facility in the public right-of-way is proposed that exceeds these height limits, it would not be considered a"small wireless facility"subject to the FCC rules and the City could approve such facility through Type III Discretionary Use approval. ORDINANCE NO. 6394 Exhibit A—Page 4 of S APPROVAL CRITERIA Springfield Development Code Section 5.6-115 lists the approval criteria for an amendment to the code: A. In reaching a decision on the adoption or amendment of refinement plans and this Code's text,the City Council shall adopt findings that demonstrate conformance to the following: 1. The Metro Plan; 2. Applicable State statutes;and 3. Applicable State-wide Planning Goals and Administrative Rules. FINDINGS OF FACT Criteria A.1. Consistency with the Metro Plan Finding l: The Eugene-Springfield Metropolitan Area General Plan (Metra Plan) is the prevailing Comprehensive Plan. The Springfield 2030 Refinement Plan Residential Land Use and Housing Element was adopted in 2011 through Springfield Ordinance 6268 and Lane County Ordinance No. PA. 1274 as a refinement to the Metro Plan. The Springfield 2030 Refinement Plan Economic Element and Urbanization Elements were adopted in 2016 through Springfield Ordinance 6361 and Lane County Ordinance No. PA 1304 to replace portions of the Metro Plan, but are not yet acknowledged. Amendments to the development code must be considered within the context of adopted policies. Thus any proposed amendments must be consistent with the Metro Plan and the Springfield 2030 Residential Land Use and Housing Element, Economic Element,and Urbanization Element. In addition, because the Economic Element and Urbanization Element are unacknowledged, any plan or land use regulation that implicates those elements must be consistent with any applicable Statewide Planning Goals. Finding 2: Communication facilities generally are included as an element of"the minimum level of key urban services' in Urbanization Element Policy 31.The proposed amendments specifically address small wireless facilities in the public right-of-way that are necessary to meet future demand for wireless data services and access to broadband. Improving and increasing siting opportunities for small wireless facilities in the public right-of-way consistent with this comprehensive plan text and the policies cited under this criteria(A.1): "31. For the purposes of land use planning and annexation approval, the Springfield Comprehensive Plan defines key urban facilities and services as: wastewater service; stormwater service;transportation;solid waste management;water service;fire and emergency medical services; police protection;citywide park and recreation programs;electric service;land use controls;communication facilities;and public schools on a districtwide basis." Finding 3: The implementation action under Urbanization Element Policy 27 provides that the City will, "Prepare and adopt comprehensive plan and zoning updates at the neighborhood,district,and corridor scale to determine the density,character and design of urban development in alignment with infrastructure capacity to ensure efficient and economical delivery of urban services in balance with the City's financial resources." The proposed amendments further this policy by ensuring that small wireless facilities in the public right-of-way do not conflict with other utilities already located in the public right- of-way. Furthermore,the proposed amendments offer a set of objective criteria for siting these facilities and allow them to be processed under Type I ministerial development review. This minimizes the cost to ORDINANCE NO.6394 Exhibit A—Page 5 of 8 the City and to the wireless providers to deploy new wireless infrastructure,in keeping with the above guidance under Policy 27. Finding 4: Many policies throughout the Metro Plan and Springfield 2030 Plan favor updating land use regulations and zoning to allow for more efficient land use that supports higher density and mixed-use development(see,e.g.,Springfield Transportation System Plan Policy 3.3,Springfield Residential Element Policy H.6,Springfield Economic Element Policy E.6). Higher density development will require additional capacity for wireless services. Making the City's public rights-of-way available to this infrastructure to meet this new demand for telecommunication services further frees up developable property within the City that otherwise may have been needed for larger wireless telecommunications facilities systems(i.e. traditional, large"macrocell"towers). Conclusion: The code amendments comply with applicable policies from the Metro Plan including the Springfield 2030 Comprehensive Plan, and therefore meet Criterion A.I. Criteria A.2. Consistency with State statues. Finding 5: ORS Chapter 759 covers the regulation of telecommunication utilities within the State of Oregon. However,ORS 759 pertains to regulatory oversight of utility providers and how they conduct business within Oregon.This Chapter does not provide guidance or limitations for local jurisdictions responsible for reviewing and approving WTS facilities in accordance with adopted zoning and Development Code standards. Finding 6: In accordance with ORS 759.015,it is the goal of the State of Oregon to"secure and maintain high-quality universal telecommunications service atjust and reasonable rates for all classes of customers and to encourage innovation within the industry by a balanced program of regulation and competition". The state Public Utility Commission is responsible for administering the statutes with respect to telecommunications rates and services. Finding 7: In accordance with ORS 759.016, it is the goal of the state of Oregon to promote access to broadband services in order to improve the economy, improve the quality of life in communities throughout the state,and to reduce the economic gap between communities that have access to broadband digital services and those that do not. One of the ways that the State of Oregon policy proposes to achieve that goal is by"Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers[.]"ORS 759.016(2)(d). Streamlining the development review process and standards that are applicable to small wireless facilities in the public right-of-way will reduce development-related barriers to the deployment of future mobile broadband infrastructure. Finding 8: In the Declaratory Ruling and Third Report and Order,the FCC determined that state and local governments are preempted under the Telecommunications Act from applying aesthetic requirements for small wireless facilities unless they are(1)reasonable; (2)no more burdensome than those applied to other types of infrastructure deployments;(3)objective;and(4)published in advance. The new FCC rules become effective on January 14, 2019. The proposed amendments implement aesthetic standards for small wireless facilities that are reasonable. The City was provided with examples of small wireless facilities by representatives of the wireless industry at the League of Oregon Cities' "5G Summit"on October 25,2018. Most of the examples provided are designs that are permitted under the proposed standards. The proposed standards are no more burdensome than those applied to other types of infrastructure; in general,they are less burdensome than other types of wireless telecommunications systems facilities because they do not provide for discretionary review. The proposed standards are objective in their regulation of aesthetics,and they are published in advance by virtue of being adopted ORDINANCE NO. 6394 Exhibit A—Page 6 of 8 into the Springfield Development Code. The standards include the ability of the City Engineer to allow deviations or modifications to the proposed standards,but these are to allow adjustments for identified engineering or safety issues, and not to mitigate the aesthetic impacts of small wireless facilities. Finding 9: The FCC Declaratory Ruling and Third Report and Order also includes new shot-clock requirements for approving all applications for small wireless facilities in the public right-of-way. The shot-clock for attachments to existing or replacement poles is 60 days;the shot-clock for entirely new poles in the public right-of-way is 90 days. Under the current regulations in SDC 4.3-145,most small wireless facilities would require Type III development review and Discretionary Use approval. The Type III review process requires 20 days for mailed notice of a quasi-judicial hearing,up to 21 days after the first public hearing to leave the record open allowed by law, 15 days to appeal the Planning Commission's decision to City Council,time to schedule the City Council appeal hearing and provide notice of the hearing,and time for the City Council to make a decision. It would be nearly impossible to approve small wireless facilities under Type 111 review within 60 days and extremely difficult to do so within in 90 days. Because the FCC rules preempt the City from applying discretionary aesthetic approval criteria,there is no need to provide a quasi-judicial decision-making process to an application for small wireless facilities in the public rights-of-way(unless necessitated within the Willamette River Greenway Overlay District for a new pole). The proposed amendments to SDC 4.3-145 remove the discretionary approval criteria for small wireless facilities in the public right-of-way and classify these facilities as low visibility facilities that are subject to Type I ministerial review. The Type I ministerial review process does not include mailed notice, a public hearing, or a hearing on appeal,and therefore will allow the City to approval or deny applications for small wireless facilities in the public rights-of-way within the shot-clocks established by the FCC. Conclusion: There are no state statutes that directly apply to the content of the proposed amendments,but the proposed amendments are in keeping with the State of Oregon's expressed policy regarding access to telecommunications and broadband services. The proposed amendments comply with the federal Telecommunications Act as interpreted by the Federal Communications Commission. Therefore,the proposed amendments meet Criterion A.2. 3. Applicable State-wide Planning Goals and Administrative Rules. Finding 10: Goal 1 —Citizen Involvement calls for"the opportunity for citizens to be involved in all phases of the planning process."The proposed amendments to SDC 4.3-145 are the subject of a legislative decision-making process with public hearings before the City's Planning Commission and City Council. The Planning Commission is scheduled to conduct a public hearing to consider the proposed amendment on November 20,2018. The Planning Commission public hearing was advertised in the legal notices section of The Register-Guard on November 13,2018.The recommendation of the Planning Commission will be forwarded to the Springfield City Council for consideration at a public hearing scheduled for January 7,2019. Staff finds that the proposed text amendment is consistent with Goal 1. Finding 11: Goal 2—Land Use Planning outlines the basic procedures for Oregon's statewide planning program. In accordance with Goal 2, land use decisions are to be made in accordance with a comprehensive plan,and jurisdictions are to adopt suitable implementation ordinances that put the plan's policies into force and effect. As discussed under Criteria A.1.,the City has adopted a comprehensive plan and the proposed amendments are consistent with that plan. Finding 12: Goal 3 —Agricultural Land and Goal 4—Forest Land apply to areas that are outside the City's Urban Growth Boundary,and are not applicable. ORDINANCE NO. 6394 Exhibit A—Page 7 of 8 Finding 13: The proposed amendments do not alter the City's acknowledged land use regulations for complying with Goals 5 through 10. Therefore,these goals are not applicable to the proposed amendment. Finding 14: Goal 11—Public Facilities and Services addresses the efficient planning and provision of public services such as sewer,water, law enforcement,and fire protection. Communications services are identified in Goal 11,but within the definition of urban facilities and services that are provided at the appropriate type and level to support planned development. Wireless telecommunications systems are not listed among the public facilities that must be included in local public facilities plans. As explained under Criteria A.1,the proposed amendments reduce barriers to the deployment of new communications services within Springfield to meet future demand for wireless data services and access to broadband. Finding 15: Goal 12—Transportation requires the City to plan for the provision of a"safe,convenient and economic transportation system." OAR 660-012-0060 requires that proposed amendments to a comprehensive plan or land use regulation that significantly affect an existing or planned transportation facility provide mitigation. The proposed amendments address small wireless facilities that are located in the public rights-of-way,but they will not significantly affect any existing or planned transportation facility because they will not affect the flow of traffic or transit services within the right-of-way,nor will they result in any increase in vehicle trips. The proposed amendments include requirements to protect traffic safety and pedestrian safety. The proposed text amendment does not affect the City's ordinances, policies, plans,or studies adopted to comply with Goal 12 requirements. Therefore this action has no effect on the City's acknowledged compliance with Goal 12. Finding 16: Goal 13—Energy Conservation states that`land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy,based upon sound economic principles." The proposed text amendment does not affect the City's ordinances,policies, plans,or studies adopted to comply with Goal 13 requirements. Streamlining the standards and process for siting small wireless facilities in the public rights-of-way is likely to have no net effect on energy conservation because these facilities are likely to replace demand for new macrocell WTS facilities. Therefore, this action has no effect on the city's acknowledged compliance with Goal 13. Finding 17: Goal 14—Urbanization requires cities to estimate future growth rates and patterns,and to incorporate, plan,and zone enough land to meet the projected demands. The proposed amendments streamline development review for siting telecommunications infrastructure in the public right-of-way in compliance with Goal 14,and do not otherwise affect the City's adopted ordinances,policies,plans,or studies adopted to comply with Goal 14 requirements. Finding 18: Goal 15—Willamette River Greenway establishes procedures for administering the 300 miles of greenway that borders the Willamette River, including portions that are inside the City limits. The regulations in the City's Willamette River Greenway Overlay District(SDC 3.3-300)and in SDC 4.3-145 allow low visibility and stealth facilities within the overlay. The proposed amendments to SDC 4.3-145 do not change or nullify the requirement for development proposals to comply with the City's existing Willamette River Greenway regulations regardless of the underlying zoning,and to demonstrate compliance with Goal 15 requirements. Staff notes that this proposed amendment applies only to facilities located within existing public right-of-way inside the Springfield City limits. Small wireless facilities could be placed on existing or replacement utility poles,which would not result in any new disturbance of land or habitat. Any small wireless facilities that are proposed for new poles inside the Greenway Setback would require additional Discretionary Use approval under the provisions of SDC 3.3-300. Therefore,this action has no effect on the city's acknowledged compliance with Goal 15. ORDINANCE NO. 6394 Exhibit A—Page 8 of 8 Finding 19: Goals 16-19—Estuarine Resources;Coastal Shorelands; Beaches and Dunes;and Ocean Resources;these goals do not apply to land within the Willamette Valley, including Springfield. Therefore, in the same way that Goals 3 and 4 do not apply in Springfield,Goals 16 through 19 do not apply in Springfield or to land use regulations adopted in Springfield. Conclusion: The code amendments comply with applicable Statewide Planning Goals and Administrative Rules and therefore meet Criterion A.3. CONCLUSION AND RECOMMENDATION Based on the findings above,staff concludes that the proposed text amendment to SDC 4.3-145 comply with the applicable criteria of approval for amendments to the Springfield Development Code,under SDC 5.6-115. Staff recommend the City Council adopt the proposed amendments via emergency procedures. ORDINANCE NO. 6394 Exhibit B — Page 1 of 22 Exhibit B Section 4.3-145 of the Springfield Development Code is amended to read as follows: Wireless Telecommunications System (WTS) Facilities A. Purpose. This Section is intended to: 1. Implement the requirements of the Federal Telecommunications Act of 1996; 2. Provide a uniform and comprehensive set of standards and review procedures for the placement, operation, alteration and removal of WTS facilities; 3. Allow new WTS facilities where necessary to provide service coverage and there is a demonstrated need that cannot be met through existing facilities; 4. Maximize the use of existing WTS facilities in order to minimize the need to construct additional facilities; S. Encourage the siting of new WTS facilities in preferred locations; 6. Lessen impacts of new WTS facilities on surrounding residential areas; and 7. Minimize visual impacts of new WTS facilities through careful design, configuration, screening, and innovative camouflaging techniques. B. Applicability/Conflicts. 1. Applicability. This Section applies within Springfield's city limits and its Urban Growth Boundary. No WTS facility may be constructed, altered (to include co-locations) or replaced, unless exempt, without complying with the requirements of this Section. Exempt facilities are listed in Subsection D. below. 2. Conflicts. In cases where: a. The development standards of this Section conflict with other Sections of this Code, these standards will prevail. EXCEPTION: In the Glenwood Riverfront, the WTS standards regarding type and height of the antenna will apply. All other aspects of the application submittal and review process specified in this Section will apply. b. These development standards conflict with Federal and/or State regulations, the Federal and/or State regulations will prevail. ORDINANCE NO. 6394 Exhibit B— Page 2 of 22 C. Pre-Existing WTS Facilities. 1. W ES facilities that lawfully existed prior to the adoption of the Ordinance codified in this Section shall be allowed to continue their use as they presently exist. 2. Routine maintenance will be permitted on lawful pre-existing WTS facilities as specified in Subsection D.1. 3. Lawfully existing WTS facilities may be replaced as specified in Subsection D.2. D. Exemptions. The following shall be considered exempt structures or activities, however, all other applicable Federal, State and City permits will be required: 1. Emergency or routine repairs or routine maintenance of previously approved WTS facilities. 2. Replacement of existing previously approved WTS facilities. a. AWTS facility may be replaced if it: i. Is in the exact location of the facility being replaced; ii. Is of a construction type identical in height, size, lighting and painting; iii. Can accommodate the co-location of additional antennas or arrays; hr. Does not increase radio frequency emissions from any source; and V. Does not intrude or cause further intrusion into a setback area. b. Those WTS facilities that cannot meet the replacement standard in Subsection D.2.a. will be treated as new construction, requiring Type I or III review as specified in Subsection H. 3. Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the Federal Communications Commission. 4. Essential public telecommunications services: military, Federal, State, and local government telecommunications facilities. 5. Amateur and citizen band radio transmitters and antennas. Page 2 of 22 ORDINANCE NO. 6394 Exhibit B— Page 3 of 22 6. Military or civilian radar operating within the regulated frequency ranges for the purpose of defense or aircraft safety. 7. Antennas (including, but not limited to: direct-to-home satellite dishes; TV antennas; and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations. 8. Low-powered networked telecommunications facilities that are less than 3 cubic feet total volume for all equipment. Such facilities include, but are not limited to, microcell radio transceivers located on existing utility poles and light standards and strand-mounted wi-fi devices within public right-of-way. 9. Cell on Wheels (COW), which are permitted as temporary uses in nonresidential Metro Plan or 2030 Springfield Refinement Plan designations for a period not to exceed 14 days, or during a period of emergency as declared by the City, County, or State. E. Definitions. The words and phrases used in this Section shall have the following meanings: Antenna. Any system of wires, poles, rods, reflecting discs or similar devices designed for telephonic, radio, facsimile, data, or television telecommunications through sending and/or receiving of electromagnetic waves when the system is either external to or attached to the exterior of a structure. Antennas include, but are not limited to, devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted up and rotated through a vertical mast or tower interconnecting the boom and antenna support. All of the latter elements are part of the antenna. Antenna Height. The vertical distance measured from the ground surface at grade to the tip of the highest point of the antenna on the proposed structure. Antenna Support. Any pole, telescoping mast, tower, tripod or any other structure that supports a device used in the transmitting and/or receiving of electromagnetic waves. Approval Authority. 1. Type I Review. Staff has the authority to approve new co-locations, equipment replacement, and applications for low visibility and stealth WTS facilities. 2. Type III Review. The Planning Commission and the City Council are the Approval Authority for applications to construct high and medium visibility WTS facilities within the city limits. Page 3 of 22 ORDINANCE NO. 6394 Exhibit B— Page 4 of 22 3. Type III Review. The Hearings Official, by agreement with Lane County, is the Approval Authority for high and medium visibility WTS facilities located outside the city limits but within the Springfield Urban Growth Boundary. Camouflaged. Any WTS facility that is designed to blend into the surrounding environment. Examples of camouflaged facilities include, but are not limited to: architecturally screened roof- mounted antennas; building-mounted antennas painted to match the existing structure; antennas integrated into architectural elements; towers made to look like trees; and antenna support structures designed to look like flag poles or light poles. Carrier. A company authorized by the FCC to build and/or operate a WTS facility. Co-Location. The use of a single WTS tower or other support structure for the placement of multiple antennas or related telecommunications equipment often involving different carriers. Equipment Building, shelter or Cabinet. A cabinet or building used to house associated equipment used by providers at a WTS facility. Associated equipment includes, but is not limited to, air conditioning and emergency generators. FaSade-Mounted Antenna. An antenna architecturally integrated into the faSade of a building or structure. Facility. A WTS facility. Faux Tree. A WTS tower camouflaged to resemble a tree. Guyed Tower. A WTS tower that is supported, in whole or in part, by guy wires and ground anchors. High Visibility. The following WTS facilities are examples of high visibility facilities: 1. Monopoles, lattice towers and guyed towers. 2. Any WTS facilities that do not meet the definition of stealth, low visibility, or moderate visibility. Lattice Tower. A guyed or self-supporting three or four sided, open, steel frame support structure used to support WTS equipment. Low Visibility. The following are examples of low visibility WTS facilities. Except for small wireless facilities, the following WTS facilities shall not exceed the height limit of the base zone and shall not increase the height of an existing WTS facility: 1. Whip antennas not exceeding 6 feet in length or height, including mounting, and measuring no more than 3 inches in diameter, located on existing structures including, but not limited to, water storage tanks, high-voltage transmission towers, Page 4 of 22 ORDINANCE NO. 6394 Exhibit B— Page 5 of 22 utility towers and poles, sign standards, and roadway overpasses, with equipment cabinets that are screened from view. 2. Facilities, including equipment cabinets that are screened from view through the use of architectural treatments, including, but not limited to, cupolas, steeples and parapets, and are consistent with existing development on adjacent properties. 3. Additions to existing permitted low-visibility facilities, if the additions themselves meet the definition of low visibility and are designed to minimize visibility the WT5 facility. 4. Changes to an existing building that are consistent with the building's architectural style and the equipment cabinets are not visible. 5. Small wireless facilities located on small wireless facility structures in the public right-of-way that meet the standards in section 4.3-145.F.28.a. through c. Maintenance. Emergency or routine repairs or replacement of transmitters, antennas, or other components of previously approved WTS facilities that do not create a significant change in visual appearance or visual impact. Microcells.These devices provide additional coverage and capacity where there are high numbers of users within urban and suburban macrocells. The antennas for microcells are mounted at street level, typically on the external walls of existing structures, lamp-posts, and other street furniture. Microcell antennas are usually smaller than macrocell antennas, and when mounted on existing structures, can often blend into building features. Microcells provide radio coverage over distances, typically between 100 meters and 1,000 meters, and operate at power levels substantially below those of macrocells. Moderate Visibility. The following WTS facilities are examples of moderate visibility facilities: 1. Panel-shaped antennas not exceeding 8 feet in length or height that are flush- mounted to an existing building facade or other existing structure on at least one edge, or extend a maximum of 24 inches from the building fa5ade or other structure at any edge, do not exceed the height of the building or other structure, and are designed to blend with the color, texture, and design of the existing building or structure, with equipment cabinets that are screened from view. 2. WTS facilities that are camouflaged, including, but not limited to, faux trees, flag poles, and light poles; provided, that the equipment building, shelter, or cabinet for the facility is screened or camouflaged. Monopole. A WTS facility consisting of a single pole constructed for purposes of supporting 1 or more antennas without guy wires or ground anchors. Page 5 of 22 ORDINANCE N0. 6394 Exhibit B— Page 6 of 22 Panel or Directional Antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Residential Zoning District. Any Springfield zoning district where single-family and or multi- family dwelling units are intended to be the dominate land use. RF. Radio frequency. Roof-Mounted Antenna. Any antenna with its support structure placed directly on the roof of any building or structure. Screened. Concealed from view with a sight obscuring fence, wall or vegetation. Service Area. The area served by a single WTS facility. Side-Mounted Antennas. Those antennas that are mounted on the side of a tower structure at any height, and including both the antennas and equipment with protective radome coatings. This term also includes microwave dish antennas, solid or not, located at 150 feet or lower on a tower structure, regardless of the dish diameter. The term does not include solid microwave dish antennas exceeding 6 feet in diameter that are located above 150 feet on a tower structure. Small Top-Mounted Antennas. Any antenna mounted on the top of a tower structure where the antenna is 20 feet or less in height and 6 inches or less in outside diameter. Small Wireless Facility. A WTS facility located on a small wireless facility structure in City limits in the public right-of-way that meets the dimensional standards in section 4.3-145.F.28, typically taking the form of one or two small antenna(s) and associated pole-mounted equipment. Speculation Tower. An antenna support structure designed for the purpose of providing location mounts for WTS facilities, without a binding written commitment or executed lease from a service provider to utilize or lease space on the tower at the time the application is submitted. Stealth. WTS facilities including, but not limited to, microcells, antennas, equipment cabinets, and any other ancillary equipment that cannot be seen from any street or any adjacent property, improved or unimproved, and that do not result in any apparent architectural changes or additions to existing buildings. The addition of landscaping, walls, fences, or grading as screening techniques does not make an otherwise visible WTS facility a stealth facility. Structure, Small Wireless Facility. Any utility pole, guy pole or support pole, utility pole extension, light standard or other similar pole in the public right-of-way. A small wireless facility structure may be an existing, modified, new, or replacement structure. Page 6 of 22 ORDINANCE NO. 6394 Exhibit B— Page 7 of 22 Telecommunications. The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. Tower or WTS Tower. Any mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas; provided that, "tower"does not include small wireless facility structures. Whip Antenna. An antenna that transmits or receives signals in 360 degrees. Whip antennas are typically cylindrical in shape, less than 3 inches in diameter and no more than 6 feet long, including the mounting. Wireless Telecommunications System (WTS) Facility. Any facility that transmits and/or receives electromagnetic waves, including, but not limited to, antennas, dish antennas, microwave antennas, and other types of equipment for the transmission or receipt of these signals, including, but not limited to, telecommunications towers and similar supporting structures, equipment cabinets or buildings, parking areas, and other accessory development. This definition also includes any facility that transmits radio or television signals. This definition does not apply to amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission's Rules. F. General Standards. The Federal Telecommunications Act of 1996 establishes limitations on the siting standards that local governments can place on WTS facilities. Section 704 of the Act states that local siting standards shall not: 1) "unreasonably discriminate among providers of functionally equivalent services" 2)"prohibit or have the effect of prohibiting the provision of personal wireless services." All applications for WTS facilities are subject to the standards in this Section to the extent that they do not violate Federal limitations on local siting standards. Where application of the standards found in this Section constitutes a violation, the least intrusive alternative for providing coverage shall be allowed as an exception to the standards. 1. Design for Co-Location. All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable. 2. Demonstrated Need for New WTS Facilities. Except for small wireless facilities, applications shall demonstrate that the proposed WTS facility is necessary to close a significant gap in service coverage or capacity for the carrier and is the least intrusive means to close the significant gap. 3. Lack of Coverage and Lack of Capacity. Except for small wireless facilities, the application shall demonstrate that the gap in service cannot be closed by upgrading other existing facilities. In doing so, evidence shall clearly support a conclusion that the gap results from a lack of coverage and not a lack of capacity to achieve adequate Page 7 of 22 ORDINANCE NO. 6394 Exhibit 8— Page 8 of 22 service. If the proposed WTS facility is to improve capacity, evidence shall further justify why other methods for improving service capacity are not reasonable, available or effective. 4. Identify the Least Intrusive Alternative for Providing Coverage. Except for small wireless facilities, the application shall demonstrate a good faith effort to identify and evaluate less intrusive alternatives, including, but not limited to, less sensitive sites, alternative design systems, alternative tower designs, the use of repeaters, or multiple facilities. Subsection F.5. defines the type of WTS facilities that are allowed in each zoning district. 5. Location of WTS Facilities by Type. Subsection E. defines various types of WTS facilities by their visual impact. These are: high visibility, moderate visibility, low visibility and stealth facilities. Table 4.3-1 lists the type of WTS facilities allowed in each of Springfield's zoning districts. Table 4.3-1 Zoning Districts Types Allowed Special Heavy Industrial High visibility Heavy Industrial Moderate visibility Light-Medium Industrial Low visibility Quarry Mining Operations Stealth Community Commercial Moderate visibility Campus Industrial Low visibility Booth Kelly Mixed Use Stealth Major Retail Commercial Mixed Use Employment Mixed Use Commercial Medical Service Public Land and Open Space 1 Neighborhood Commercial Low visibility General Office Stealth Low Density Residential Medium Density Residential High Density Residential Mixed Use Residential (1) Moderate visibility WTS facilities in the Public Land and Open Space District are allowed only within the city limits. 6. Maximum Number of High Visibility WTS Facilities. No more than 1 high visibility facility is allowed on any 1 lot/parcel. EXCEPTION: The Approval Authority may approve exceeding the maximum number of high visibility facilities per lot/parcel if one of the following findings is made: Page 8 of 22 ORDINANCE NO. 6394 Exhibit B— Page 9 of 22 a. Co-location of additional high visibility facilities is consistent with neighborhood character; b. The provider has shown that denial of an application for additional high visibility WTS facilities would have the effect of prohibiting service because the proposed facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible; or C. The provider has shown that denial of an application for additional high visibility WTS facilities would unreasonably discriminate among providers of functionally equivalent services. 7. Separation between Towers. No new WTS tower may be installed closer than 2,000 feet from any existing or proposed tower unless supporting findings can be made under Subsections F.2., 3. and 4. by the Approval Authority. 8. WTS Towers Adjacent to Residentially Zoned Property. In order to ensure public safety, all towers located on or adjacent to any residential zoning district shall be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances. The setback shall be measured from that part of the WTS tower that is closest to the neighboring residentially zoned property. 9. Historic Buildings and Structures. Except for small wireless facilities, no WTS facility shall be allowed on any building or structure, or in any district, that is listed on any Federal, State or local historic register unless a finding is made by the Approval Authority that the proposed facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high or moderate visibility WTS facilities are permitted on any building or any site within a historic district. Proposed WTS facilities in the Historic Overlay District are also subject to the applicable provisions of Section 3.3-900. 10. Equipment Location. The following location standards shall apply to WTS facilities, except for small wireless facilities: a. No WTS facility shall be located in a front, rear, or side yard building setback in any base zone and no portion of any antenna array shall extend beyond the property lines; b. Where there is no building, the WTS facility shall be located at least 30 feet from a property line abutting a street; C. For guyed WTS towers, all guy anchors shall be located at least 50 feet from all property lines. Page 9 of 22 ORDINANCE NO. 6394 Exhibit B— Page 10 of 22 11. Tower Height. Towers may exceed the height limits otherwise provided for in this Code. However, all towers greater than the height limit of the base zone shall require Discretionary Use approval through a Type III review process, subject to the approval criteria specified in Subsection I. 12. Accessory Building Size. All accessory buildings and structures built to contain equipment accessory to a V%TS facility shall not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. Each accessory building or structure located on any residential or public land and open space zoned property is limited to 200 square feet, unless approved through the Discretionary Use process. 13. Visual Impact. Except for small wireless facilities, which must meet the requirements of section 4.3-145.F.28, all WTS facilities shall be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All facilities shall also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant shall use the least visible antennas reasonably available to accomplish the coverage objectives. All high visibility and moderate visibility facilities shall be sited in a manner to cause the least detriment to the viewshed of abutting properties, neighboring properties, and distant properties. 14. Minimize Visibility. Colors and materials for WTS facilities shall be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings, shall be painted or textured using colors to match or blend with the primary background, unless required by any other applicable law. 15. Camouflaged Facilities. All camouflaged WTS facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The facility shall also be appropriate for the specific site. In other words, it shall not"stand out"from its surrounding environment. 16. Facade-Mounted Antenna. Facade-mounted antennas shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas shall not extend more than 2 feet out from the building face. 17. Roof-Mounted Antenna. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area and shall be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties. 18. Compliance with Photo Simulations. As a condition of approval and prior to final staff inspection of the WTS facility, the applicant shall submit evidence, e.g., photos, Page SO of 22 ORDINANCE NO. 6394 Exhibit B — Page 11 of 22 sufficient to prove that the facility is in substantial conformance with photo simulations provided with the initial application. Nonconformance shall require any necessary modification to achieve compliance within 90 days of notifying the applicant. 19. Noise. Noise from any equipment supporting the WES facility shall comply with the regulations specified in OAR 340-035-0035. 20. Signage. No signs, striping, graphics, or other attention-getting devices are permitted on any WTS facility except for warning and safety signage that shall: a. Have a surface area of no more than 3 square feet; b. Be affixed to a fence or equipment cabinet; and C. Be limited to no more than 2 signs, unless more are required by any other applicable law. 21. Traffic Obstruction. Maintenance vehicles servicing WTS facilities located in the public or private right-of-way shall not park on the traveled way or in a manner that obstructs traffic. 22. Parking. No net loss in required on-site parking spaces shall occur as a result of the installation of any WTS facility. 23. Sidewalks and Pathways. Cabinets and other equipment shall not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land. 24. Lighting. WfS facilities shall not include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the Approval Authority shall review any available alternatives and approve the design with the least visual impact. All other site lighting for security and maintenance purposes shall be shielded and directed downward, and shall comply with the outdoor lighting standards in Section 4.5-100, unless required by any other applicable law. 25. Landscaping. For WTS facilities with towers that exceed the height limitations of the base zone, at least 1 row of evergreen trees or shrubs, not less than 4 feet high at the time of planting, and spaced out not more than 15 feet apart, shall be provided in the landscape setback. Shrubs shall be of a variety that can be expected to grow to form a continuous hedge at least 5 feet in height within 2 years of planting. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys. In all other cases, the landscaping, screening and fence standards specified in Section 4.4-100 shall apply. 26. Prohibited WTS Facilities. Page it of 22 ORDINANCE NO. 6394 Exhibit B— Page 12 of 22 a. Any high or moderate visibility WTS facility in the Historic Overlay District. b. Any WTS facility in the public right-of-way that severely limits access to abutting property, which limits public access or use of the sidewalk, or which constitutes a vision clearance violation. C. Any detached WTS facility taller than 150 feet above finished grade at the base of the tower. 27. Speculation. No application shall be accepted or approved for a speculation WTS tower, i.e., from an applicant that simply constructs towers and leases tower space to service carriers, but is not a service carrier, unless the applicant submits a binding written commitment or executed lease from a service carrier to utilize or lease space on the tower. 28. Small Wireless Facilities in the Public Right-of-Way. Small wireless facilities in the public right-of-way must comply with the following standards: a. Small wireless facility structures must meet the following height limits, whichever is more: i. 50 feet or less in height, including antenna height; or ii. No more than 10%taller than the existing structure or other adjacent utility poles, light poles, or similar structures. b. Each antenna associated with the small wireless facility, excluding associated antenna equipment, must be no more than 3 cubic feet in volume. C. All wireless equipment associated with the structure other than the antenna, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, must be no more than 28 cubic feet in volume. Antenna equipment includes only such equipment that is associated with the antenna that is in the same fixed location as the antenna, and is installed at the same time as the antenna. d. All antennas on a small cell structure, excluding antenna equipment, must not total more than six cubic feet in volume, whether an array or separate. e. Antennas may not project more than five feet above or two feet laterally from the pole, as measured from the inside edge of the antenna to the surface of the pole, or the minimum necessary to achieve required safety Page 12 of 22 ORDINANCE NO. 6394 Exhibit B—Page 13 of 22 clearances. Antennas may not exceed the diameter of the pole on which they are attached, or 16 inches in diameter, whichever is greater. f. All equipment must be mounted to the pole at least 10 feet above grade. Alternately, equipment may be located in an underground vault or another location on the pole upon approval by the City Engineer. g. Other than the antenna, antenna equipment, electric meter, and power disconnect, all pole-mounted equipment must be concealed in a single flush-mounted cabinet that complies with the dimensional standards in this section or otherwise entirely shielded from public view. EXCEPTION: Multiple equipment cabinets on a single pole are permitted only when necessary to comply with the pole owner's joint use requirements. In. All cabling and wires that run between the antenna and equipment must be concealed or shielded inside conduit. L All antennas, equipment, conduit, cabling, cabinets and ancillary parts must be painted or textured in a non-reflective neutral color that matches, or is compatible with, the pole. j. Where there are no existing overhead utilities, utility service lines and backhaul fiber must be located underground, unless approved otherwise by the City Engineer. k. All new or replacement small wireless facility structures must comply with the following: L A replacement small wireless facility structure must be placed as close to the same location as the existing structure as is possible, unless minor adjustments to location are needed to comply with ADA requirements or for public safety, as determined by the City Engineer. H. A new small wireless facility structure is permitted only when no other existing structure in the right-of-way is available or suitable to accommodate the small wireless facility, and no other structure in the right-of-way is available or suitable to be replaced or modified to accommodate the small wireless facility. Hi. The location of a small wireless facility structure must allow sufficient clear space for safe passage on the sidewalk; must not be located within the vision clearance area; must not interfere with other utilities, traffic control devices, or intersections; and must be safe, as determined by the City Engineer. I. Small wireless facilities are not permitted on decorative light poles and no decorative light poles will be removed or replaced to accommodate small Page 13 of 22 ORDINANCE NO. 6394 Exhibit B—Page 14 of 22 wireless facilities. EXCEPTION: Upon a determination that no other option is reasonably available for meeting an identified capacity, coverage, or other service need, including locating the small wireless facility on private property outside the public right-of-way, the City will permit replacement of a decorative light pole with a small wireless facility that is camouflaged to match the existing decorative pole. M. The City may require design or concealment measures for small wireless facilities and associated structures in the Historic Overlay District. Any such design or concealment measures are not considered part of the small wireless facility for purpose of the size restrictions in this subsection. G. Application Submittal Requirements. All applications for a WTS facility shall provide the following reports, documents or documentation: 1. Submittal Requirements for Low Visibility and Stealth Facilities (Type I review). All applications for low visibility and stealth WTS facilities shall submit the following reports and documentation: a. Narrative. The application shall include a written narrative that describes in detail all of the equipment and components proposed to be part of the WTS facility, including, but not limited to, towers, antennas and arrays, equipment cabinets, back-up generators, air conditioning units, lighting, landscaping and fencing. b. Geographic Service Area. Except for small wireless facilities, the applicant shall identify the geographic service area for the proposed WTS facility, including a map showing all of the applicant's and any other existing sites in the local service network associated with the gap the facility is meant to close. The applicant shall describe how this service area fits into and is necessary for the service provider's service network. The service area map for the proposed WTS facility shall include the following: i. The area of significant gap in the existing coverage area; H. The service area to be effected by the proposed WTS facility; iii. The locations of existing WTS tower facilities where co-location is possible within a 5-mile radius of the proposed WTS facility. C. Co-Location. An engineer's analysis/report of the recommended site location area is required for a proposed WTS tower. For small wireless facilities in the public right-of-way, this report is required only when a new structure is proposed. If an existing structure approved for co-location is within the area Page 14 of 22 ORDINANCE NO. 6394 Exhibit B— Page 15 of 22 recommended by the engineer's report, reasons for not collocating shall be provided demonstrating at least one of the following deficiencies, except for small wireless facilities which must meet the requirements in subsection 4.3- 145.F.28.k of this Code, upon report of an engineer or other qualified individual: h The structure is not of sufficient height to meet engineering requirements; ii. The structure is not of sufficient structural strength to accommodate the WTS facility, or there is a lack of space on all suitable existing towers to locate proposed antennas; iii. Electromagnetic interference for one or both WTS facilities will result from co-location; or iv. The radio frequency coverage objective cannot be adequately met. d. Plot Plan. A plot plan showing: the lease area, antenna structure, height above grade and setback from property lines, equipment shelters and setback from property lines, access, the connection point with the land line system, and all landscape areas intended to screen the WTS facility. e. RF Emissions. An engineer's statement that the RF emissions at grade, or at nearest habitable space when attached to an existing structure, complies with FCC rules for these emissions; the cumulative RF emissions if co-located. Provide the RF range in megahertz and the wattage output of the equipment. f. Description of Service. A description of the type of service offered including, but not limited to: voice, data, video and the consumer receiving equipment. g. Provider Information. Identification of the provider and backhaul provider, if different. h. Zoning and Comprehensive Plan Designation. Provide the zoning and applicable comprehensive plan (e.g., Metro Plan, 2030 Springfield Refinement Plan) designation of the proposed site and the surrounding properties within 500 feet. i. FCC, FAA or Other Required Licenses and Determinations. Provide a copy of all pertinent submittals to the FCC, FAA or other State or Federal agencies including environmental assessments and impact statements, and data, assumptions, calculations, and measurements relating to RF emissions safety standards. Page 15 of 22 ORDINANCE NO. 6394 Exhibit B— Page 16 of 22 j. Small Wireless Facilities in the Public Right-of-Way. Applications for small wireless facilities in City limits in the public right-of-way must also include: i. A structural report stamped by an Oregon licensed engineer that the small wireless facility structure can structurally accommodate the proposed small wireless facility; For attachment to existing structures, the engineer who authors and stamps the report must have conducted an in-person inspection of the pole and any issues with the condition of the pole must be noted in the report; ii. A photo simulation showing the maximum silhouette, color and finish of the proposed facility; iii. For poles that are not owned by the City of Springfield, written authorization by the pole owner regarding the specific plan to attach to the pole; and iv. All necessary permits and applications required under the Springfield Municipal Code, which may be processed concurrently. 2. Submittal Requirements for Moderate and High Visibility Facilities (Type III Review). Applications for moderate and high visibility WTS facilities shall require all of the required materials for low visibility and stealth WTS facilities specified in Subsection G.I. In addition to the applicable Site Plan and Discretionary Use application requirements, WTS applications shall require the applicant to address the following: a. Height. Provide an engineer's diagram showing the height of the WTS facility and all of its visible components, including the number and types of antennas that can be accommodated. Carriers shall provide evidence that establishes that the proposed WTS facilities are designed to the minimum height required from a technological standpoint to meet the carrier's coverage objectives. If the WTS facility tower height will exceed the height restrictions of the applicable base zone, the narrative shall include a discussion of the physical constraints, e.g., topographical features, making the additional height necessary. The narrative shall include consideration of the possibility for design alternatives, including the use of multiple sites or microcell technology that would avoid the need for the additional height for the proposed WTS facility. b. Construction. Describe the anticipated construction techniques and timeframe for construction or installation of the WTS facility to include all temporary staging and the type of vehicles and equipment to be used. C. Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping. d. Noise/Acoustical Information. Provide the manufacturer's specifications for all noise-generating equipment including, but not limited to, air conditioning units and back-up generators, and a depiction of the equipment location in relation to abutting properties. Page 16 of 22 ORDINANCE NO. 6394 Exhibit B— Page 17 of 22 e. Landscaping and Screening. Discuss how the proposed landscaping and screening materials will screen the site at maturity. f. Co-Location. In addition to the co-location requirements specified in Subsection G.I.c., the applicant shall submit a statement from an Oregon registered engineer certifying that the proposed WTS facility and tower, as designed and built, will accommodate co-locations, and that the facility complies with the non-ionizing electromagnetic radiation emission standards as specified by the FCC. The applicant shall also submit: i. A letter stating the applicant's willingness to allow other carriers to co-locate on the proposed facilities wherever technically and economically feasible and aesthetically desirable; ii. A copy of the original Site Plan for the approved existing WTS facility updated to reflect current and proposed conditions on the site; and iii. A depiction of the existing WTS facility showing the proposed placement of the co-located antenna and associated equipment. The depiction shall note the height, color and physical arrangement of the antenna and equipment. g. Lease. If the site is to be leased, a copy of the proposed or existing lease agreement authorizing development and operation of the proposed WTS facility. h. Legal Access. The applicant shall provide copies of existing or proposed easements, access permits and/or grants of right-of-way necessary to provide lawful access to and from the site to a City street or a State highway. i. Lighting and Marking. Any proposed lighting and marking of the WTS facility, including any required by the FAA. j. Utilities. Utility and service lines for proposed WTS facilities shall be placed underground. It. Alternative Site Analysis. The applicant shall include an analysis of alternative sites and technological design options for the WTS facility within and outside of the City that are capable of meeting the same service objectives as the proposed site with an equivalent or lesser visual or aesthetic impact. If a new tower is proposed, the applicant shall demonstrate the need for a new tower, and why alternative locations and design alternatives, or alternative technologies including, but not limited to microcells and signal repeaters, cannot be used to meet the identified service objectives. Page 17 of 22 ORDINANCE NO. 6394 Exhibit B—Page 18 of 22 I. Visual Impact Study and Photo Simulations. The applicant shall provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette, and screening for all components of the proposed WTS facility. The analysis shall include photo simulations and other information necessary to determine visual impact of the facility as seen from multiple directions. The applicant shall include a map showing where the photos were taken. 3. Independent Consultation Report. a. Review and approval of WTS facilities depends on highly specialized scientific and engineering expertise not ordinarily available to Springfield staff or to residents who may be adversely impacted by the proposed development of these facilities. Therefore, in order to allow the Approval Authority to make an informed decision on a proposed WTS facility, the Director may require the applicant to fund an independent consultation report for all new moderate and high visibility facilities. The consultation shall be performed by a qualified professional with expertise pertinent to the scope of the service requested. b. The scope of the independent consultation shall focus on the applicant's alternatives analysis. The consultant will evaluate conclusions of applicant's analysis to determine if there are alternative locations or technologies that were not considered or which could be employed to reduce the service gap but with less visual or aesthetic impact. There may be circumstances where this scope may vary but the overall objective shall be to verify that the applicant's proposal is safe and is the least impactful alternative for closing the service gap. C. The applicant shall be informed of the Director's decision about the need for an independent consultation at the time of the Pre-Submittal Meeting that is required under Section 5.1-120C. It is anticipated that the independent consultation will be required when the applicant proposes to locate a moderate or high visibility WTS facility in a residential zoning district or within 500 feet of a residential zoning district. Other instances where a proposed WTS facility may have a visual or aesthetic impact on sensitive neighborhoods could also prompt the Director to require an independent consultation. H. Review Process. The review process is determined by the type of WTS facility or activity that is proposed. High or moderate visibility WTS facilities, defined in Subsection E., require Type III Planning Commission or Hearings Official review. Low visibility or stealth facilities, and the co-location of new equipment of existing facilities are allowed under a Type I staff review with applicable building or electrical permits. Routine equipment repair and maintenance do not require planning review; however, applicable building and electrical permits are required. 1. Development Issues Meeting. A Development Issues Meeting (DIM) as specified in Subsection 5.1-120A. is required only for high and moderate visibility WTS facility applications. Applicable development standards as specified in Subsection F. and submittal requirements as specified in Subsection G., will be discussed at the DIM. Page 18 of 22 ORDINANCE NO. 6394 Exhibit B— Page 19 of 22 2. Type I Review Process. The following WTS facilities are allowed with the approval of the Director with applicable building and electrical permits: a. Stealth and low visibility WTS facilities, as defined in Subsection E., in any zoning district. b. Facade-mounted antennas or low powered networked telecommunications facilities, e.g., as those employing microcell antennas integrated into the architecture of an existing building in a manner that no change to the architecture is apparent and no part of the WTS facility is visible to public view. C. Antennas or arrays that are hidden from public view through the use of architectural treatments, e.g., within a cupola, steeple, or parapet which is consistent with the applicable building height limitation. d. New antennas or arrays including side-mounted antennas and small top- mounted antennas that are attached to an existing broadcast communication facility located in any zone. No more than 3 small top-mounted antennas shall be placed on the top of any one facility without a Type III review. e. To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas or arrays on existing towers shall take precedence over the construction of new towers, provided the co-location is accomplished in a manner consistent with the following: L An existing tower may be modified or rebuilt to a taller height to accommodate the co-location of additional antennas or arrays, as long as the modified or rebuilt tower will not exceed the height limit of the applicable zoning district. Proposals to increase the height of a tower in a residential zoning district, or within 500 feet of a residential zoning district shall be reviewed under a Type III process. The height change may only occur one time per tower. ii. An existing tower that is modified or reconstructed to accommodate the co-location of additional antennas or arrays shall be of the same tower type and reconstructed in the exact same location as the existing tower. f. Small wireless facilities proposed within the public right-of-way on an existing, modified, new, or replacement small wireless facility structure in any zoning district in City limits, that meet the standards in section 4.3-145.F.28. g. Co-location of antennas or arrays on existing WTS facilities. Page 19 of 22 ORDINANCE NO. 6394 Exhibit B—Page 20 of 22 h. The Director will use the applicable criteria specified in Subsection I. to evaluate the proposal. 3. Type III Review Process. The Planning Commission or Hearings Official review and approve a Discretionary Use application and a concurrently processed Site Plan Review application for the following WTS facilities: a. High visibility and moderate visibility WTS facilities. b. All other locations and situations not specified in Subsections H.2. and 3. C. The Planning Commission or Hearings Official will use the applicable criteria specified in Subsection I. in place of the Discretionary Use criteria in Section 5.9-120 to evaluate the proposal. 4. Council Notification and Possible Review. a. A briefing memorandum shall be prepared and submitted to the City Council upon receipt of an application for a high or moderate visibility or any other WTS facility subject to review by the Planning Commission. By action of the City Council, an application for a facility proposed within the city limits may be elevated for direct City Council review. In those instances where an application is elevated for direct review, the City Council shall be the Approval Authority and will use the applicable criteria specified in Subsection I. in place of the Discretionary Use criteria in Section 5.9-120 to evaluate the proposal. b. By agreement with Lane County, the Hearings Official shall be the Approval Authority for applications outside of the city limits but inside of the Springfield Urban Growth Boundary. The Hearings Official will use the applicable criteria specified in Subsection I. in place of the Discretionary Use criteria in Section 5.9-120 to evaluate the proposal. I. Approval Criteria. - 1. Low Visibility and Stealth WTS Facility Applications. The Director shall approve the low visibility and stealth WTS facility applications upon a determination that the applicable standards specified in Subsection F. and the submittal requirements specified in Subsection G. are met. 2. Moderate and High Visibility WTS Facility Applications. The Approval Authority shall approve moderate visibility and high visibility WTS facility applications upon a determination that the applicable standards specified in Subsection F. and the submittal requirements specified in Subsection G. are met. Through the Discretionary Use review, the Approval Authority shall also determine if there are any impacts of the proposed WTS facility on adjacent properties and on the public that can be mitigated through Page 20 of 22 ORDINANCE NO. 6394 Exhibit B— Page 21 of 22 application of other Springfield Development Code standards or conditions of approval as specified in Subsection J. 7. Conditions of Approval. For Type III applications, the Approval Authority may impose any reasonable conditions deemed necessary to achieve compliance with the approval criteria as allowed by Section 5.9-125. K. Maintenance. The property owner and the carrier in charge of the VJTS facility and tower shall maintain all equipment and structures, landscaping, driveways and mitigating measures as approved. Additionally: 1. All WTS facilities shall maintain compliance with current RF emission standards of the FCC, the National Electric Safety Code, and all State and local regulations. 2. All equipment cabinets shall display a legible operator's contact number for reporting maintenance problems. L. Inspections. 1. The City shall have the authority to enter onto the property upon which a WTS facility is located to inspect the facility for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the City and Federal and State law. 2. The City reserves the right to conduct inspections at any time, upon reasonable notice to the WTS facility owner. In the event the inspection results in a determination that violation of applicable construction and maintenance standards established by the City has occurred, remedy of the violation may include cost recovery for all City costs incurred in confirming and processing the violation. M. Abandonment or Discontinuation of Use. The following requirements apply to the abandonment and/or discontinuation of use for all WTS facilities: 1. All WTS facilities located on a utility pole shall be promptly removed at the operators expense at any time a utility is scheduled to be placed underground or otherwise moved. 2. All operators who intend to abandon or discontinue the use of any WTS facility shall notify the City of their intentions no less than 60 days prior to the final day of use. 3. WTS facilities shall be considered abandoned 90 days following the final day of use or operation. 4. All abandoned WTS facilities shall be physically removed by the service provider and/or property owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first. Page 21 of 22 ORDINANCE NO. 6394 Exhibit 8— Page 22 of 22 S. The City reserves the right to remove any WTS facilities that are abandoned for more than 90 days at the expense of the facility owner. 6. Any abandoned site shall be restored to its natural or former condition. Grading and landscaping in good condition may remain. N. Review of WTS Facilities Standards. In the event that the Federal or State government adopts mandatory or advisory standards more stringent than those described in this Section, staff will prepare a report and recommendation for the City Council with recommendations on any necessary amendments to the City's adopted standards. Page 22 of 22 ORDINANCE NO. 6394