(A)
All sanitary sewer design including supporting documentation must
be prepared and stamped by an Oregon licensed engineer.
(B)
Sanitary sewers must be installed to serve each new development within
the city limits and to connect developments to existing sanitary sewer
mains.
(C)
The sanitary sewer must be designed and constructed in conformance
with Chapter 2 of the Engineering Design Standards and Procedures
Manual (EDSPM).
(D)
The City Engineer must approve all sanitary sewer plans and proposed
systems prior to development approval for an application proposing
or requiring new sanitary sewer construction.
(E)
For proposed developments in unincorporated urbanizable land, the
Lane County Sanitarian must approve all septic system designs.
(F)
The sanitary sewer system must be separated from any stormwater sewer
system.
(6443)
(A)
Definitions. For the purposes of this section only, the following
definitions apply. Additional definitions are provided in SDC 6.1.105
or SDC 6.1.110. Unless specifically defined below or in SDC 6.1.110,
words or phrases used in this section shall be interpreted so as to
give them the meaning they have in common usage.
(1)
Maximum Extent Practicable (MEP) is the technology-based discharge
standard for municipal separate storm sewer systems to reduce pollutants
in stormwater discharges that was established by Section 402(p)(3)(B)(iii)
of the Clean Water Act [33 U.S.C section 1342(p)(3)(B)(iii)].
(2)
Minimize means to reduce and/or eliminate to the extent achievable
using control measures (including BMPs) that are technologically available,
economically practicable, and achievable in light of best industry
or municipal practices.
(B)
Applicability. The following development activities require
the use of a site-specific stormwater management approach that incorporates
1 or more structural stormwater controls:
(C)
Stormwater Structural Controls - General Standards.
(1)
Engineered Design Requirement. The Stormwater Study required
under section 4.3.110(E) and supporting documentation for the design
of the proposed stormwater structural controls must be prepared and
stamped by an Oregon licensed engineer.
(2)
Technical Standards. The Stormwater Study required under section
4.3.110(E) must demonstrate compliance with one of the following performance
standards:
(a)
Site Performance Standard: The first 1.4 inches
of rainfall from each storm event must be routed to 1 or more structural
stormwater controls with sufficient capacity to fully infiltrate,
evapotranspirate, and/or be reused on site without stormwater runoff
discharging from the site; or
(b)
Treatment Standard: All rainfall not retained onsite,
up to the first 1.4 inches of rainfall from each storm event, must
be treated in compliance with the standards and design criteria in
SDC 4.3.110(D).
(3)
Discharge to Sanitary Sewer Prohibited. The stormwater management
system must be separated from, and not discharge to, any public or
private sanitary sewer system.
(4)
Facility Design Standards. The structural stormwater controls
must be designed, operated, and maintained consistent with the requirements
in the facility-specific design requirements provided in Appendix
D Typical Facility Details. Unless an alternative is approved under
the Treatment Standard, stormwater controls that include vegetative
treatment must incorporate only those plant species listed in Appendix
F.
(5)
Construction Standards. All stormwater structural controls must
be constructed consistent with the Engineering Design Standards and
Procedures Manual Chapter 4.
(6)
Permeable Pavements. Permeable pavements may be used to reduce
the area of impervious surfaces and shall be constructed consistent
with the Engineering Design Standards and Procedures Manual. Permeable pavements cannot be used for treatment of stormwater
from other impervious areas.
(7)
Injection Wells. Except where prohibited by this code, underground
injection wells are allowed only with approval from the Department
of Environmental Quality.
(8)
On-Site Source Controls for High Risk Land Uses. Where an application
proposes one of the following high-risk uses, the application must
comply with additional standards as provided in Appendix H On-Site
Source Controls:
(a)
Site Uses and Characteristics That Trigger Source
Controls.
(b)
Fuel Dispensing Facilities.
(c)
Aboveground Storage of Liquid Materials.
(d)
Solid Waste Storage Areas, Containers, and Trash
Compactors.
(e)
Outdoor Storage of Bulk Materials.
(f)
Material Transfer Areas.
(g)
Equipment and/or Vehicle Washing Facilities.
(h)
Covered Vehicle Parking Structures.
(9)
Roof-Mounted Equipment. All rooftop mounted equipment shall
be provided with secondary containment or a weather resistant enclosure
to ensure that, in the event of a leak or spill, any fluids cannot
migrate into a public or private stormwater system or to any underground
injection control facilities.
(D)
Treatment Standard - Criteria. The following provisions apply
to review of an application that proposes to meet the Treatment Standard
under SDC 4.3.110(C)(2)(a) above.
(1)
Type 2 Review. An application that proposes to comply with the
Alternative Treatment Standard must be reviewed through a Type 2 application
process in accordance with SDC 5.1.400, except when proposed for a
development that is subject to Type 3 review, in which case it may
be approved through a Type 3 review.
(2)
Applicability. An application that proposes to comply with the
Alternative Treatment Standard must demonstrate that the Site Performance
Standard cannot be retained and infiltrated on site due to technical
infeasibility or site constraints.
(a)
Site constraints that may be used to demonstrate
technical infeasibility under this subsection include, but are not
limited to, shallow bedrock, high groundwater, protection of groundwater
from contamination, soil instability as documented by geotechnical
analysis required elsewhere by this code, land use that is inconsistent
with capture and infiltration of stormwater, the known presence of
soil contamination, or constraints arising under the provisions of
the Drinking Water Protection Overlay District in SDC 3.3.200.
(b)
An applicant is not required to demonstrate that
it is technically infeasible to evapotranspirate and/or reuse rainfall
on site to meet the Site Performance Standard.
(3)
Design Standards.
(a)
The development must retain rainfall on site to
the maximum extent practicable.
(b)
All rainfall not retained onsite, up to the first
1.4 inches of rainfall from each storm event, must be treated to achieve:
(i)
Reduction in the discharge of mercury, bacteria,
and heavy metals to the maximum extent practicable; and
(ii)
No less than 80 percent removal of total suspended
solids (TSS) for typical influent concentrations ranging from 100-200
mg TSS per liter; or
(iii)
For atypical influent concentrations less than
100 mg TSS/L or greater than 200 mg TSS/L, an Alternative Treatment
Standard may be required to target an equivalent water quality benefit
as onsite retention.
(c)
Detention ponds cannot be approved as a stand-alone
treatment method and must be combined with Low Impact Development.
(d)
All stormwater not retained on site must be discharged
to the public stormwater system. Conveyances to the public stormwater
systems must be designed to accommodate, at minimum, the peak runoff
for the 25-year rainfall event for the entire tributary area. Exception:
If the discharge of the runoff for the 25-year rainfall event is determined
likely to exceed capacity of the public stormwater system or if said
discharge would result in flooding, the conveyance must be designed
to accommodate the peak runoff for the 100-year rainfall event.
(4)
Low Impact Development (LID) Required. Structural stormwater
controls used to meet the Treatment Standard must incorporate Low
Impact Development (LID) as provided in Appendix D to the maximum
extent practicable.
(5)
Vegetation Standards.
(a)
Trees that are required to be planted on site under
the provisions of this code must be planted to provide shade to the
stormwater facility to the maximum extent practicable.
(b)
Construction and planting must occur under conditions
(such as temperature, moisture level, and handling) that prevent soil
compaction and erosion. Any imported soil must be a sandy loam mixed
with compost or a sand/soil/compost blend. Soil must be at least one-third
compost by volume, be free-draining, and support plant growth. The
compost must be derived from plant material; animal waste is not permitted.
(E)
Stormwater Study Standards.
(1)
An applicant must complete a Stormwater Study for any development
requiring the installation of structural stormwater controls as specified
in SDC 4.3.110(B).
(2)
A Stormwater Study must include the following:
(a)
A written narrative describing the proposed stormwater
management approach in detail, describing how the approach targets
natural surface or predevelopment hydrologic function through the
installation and long-term operation and maintenance of the proposed
structural stormwater controls.
(b)
A hydrological study map, that contains all of
the following for the development site and adjacent areas that contribute
in excess of 0.1 cfs from offsite flows and an area beyond the development
site of not less than 100 feet:
(i)
Streets adjacent to or hydrologically connected
to the development area, and street names;
(ii)
Flow arrows in streets and ditches;
(iii)
Contours or spot elevations for verification
of direction of overland flow and pipe cover; Contour intervals on
the study map must be as follows:
|
Slope
(%)
|
Contour Interval
(Feet)
|
|---|---|
|
0 - 10
|
2
|
|
11 - 25
|
5
|
|
> 25
|
10
|
(iv)
Drainage areas of all sub-basins (in acres);
(v)
Collection points (nodes) at downstream limits
of all sub-basins;
(vi)
A profile of the stormwater management system
showing invert elevations, maintenance access hole top and bottom
elevations, existing utilities, and existing and finished ground line
elevations;
(vii)
Existing and proposed stormwater pipes and surface
waters with sizes and/or cross-sections included;
(viii)
Future pipes in the system, complete with proposed
sizes, slopes, pipe cover, and flow line elevations at maintenance
access holes;
(ix)
North arrow, scale, Engineer's name and contact
information, and date;
(x)
Environmentally sensitive areas (e.g. gullies,
ravines, swales, wetlands, steep slopes, springs, creeks, etc.) and
direction of the flow of natural drainage features;
(xi)
100-year flood plain with flood elevations, and
100-year flood way; and
(xii)
The location of all locally significant natural
resource areas, Water Quality Limited Watercourses, or wellhead protection
zones.
(c)
A report describing development impacts to any
floodplain or floodway.
(d)
Hydrologic calculations to establish runoff volumes
and peak flows.
(e)
Hydraulic calculations to establish pipe size,
flow velocity, and hydraulic grade line.
(F)
Stormwater Study Types.
(1)
A Small Site Stormwater Study is required when all the following
criteria are met:
(a)
The proposed development is on a site that is less
than one acre in size and the onsite stormwater basin structural controls
do not treat any single drainage basin larger than 15,000 square feet
impervious area.
(b)
The development meets the Site Performance Standard
as provided in SDC 4.3.110(C)(2)(A).
(c)
The study area does not contain or is not abutting
to any of the following: a floodplain or floodway, locally significant
natural resource area, wetland, or riparian area; or Water Quality
Limited Watercourse.
(2)
A Full Site Stormwater Study is required when the criteria for
a Small Site Stormwater Study cannot be met.
(G)
Stormwater Study Hydrologic Calculation Standards. The Stormwater
Study required under SDC 4.3.110(F) must be supported by hydrologic
calculations that conform to the following standards:
(1)
A small site Stormwater Study must be supported by hyrdrologic
calculations using the rational method or a unit hydrograph method
(as required for a full site Stormwater Study in (2) below). The rational
peak flow method, Q=CiA, where 'Q' is the peak flow, 'C' is a runoff
coefficient, 'i' is the rainfall intensity, and 'A' is the catchment
area Rainfall intensity and design storm requirements must be used
as provided in 4.3-110(C)2.
(a)
To demonstrate compliance with the Site Performance
Standard, calculations must use a value of 1.4 inches over 24 hours
using the type 1a SCS storm intensity curve.
(b)
To demonstrate compliance with the Treatment Standard,
calculations must use an intensity of at least 0.13 inch/hour for
off line facilities and 0.22 inch/hour for online facilities, up to
the maximum extent practicable.
(c)
A Small Site Stormwater Study that is supported
by the methods and calculators provided in section 4.03.1 of the Engineering Design Standards and Procedures Manual will
be approved without requiring additional documentation or support
for calculations.
(2)
A Full Site Stormwater Study must be supported by calculations
using the unit hydrograph method.
(a)
The Natural Resources Conservation Service (NRCS)
SCS Type 1A distribution must be used (provided in the Engineering
Design Standards and Procedures Manual for reference). The
Storm Event Frequencies in Table 4.3.1 must be used.
|
Table 4.3.1 Storm Event Frequencies
| |||||
|---|---|---|---|---|---|
|
Recurrence Interval, Years
|
2
|
5
|
10
|
25
|
100
|
|
Flood Control, Destination: 24-Hour Depths, Inches
|
3.12
|
3.6
|
4.46
|
5.18
|
6.48
|
|
Water Quality Storm - Pollution reduction: 24-Hour Depths, 1.4
Inches
| |||||
(b)
For the purposes of determining whether stormwater
quality standards, a rainfall intensity of 1.4 inches per 24-hour
period must be used.
(c)
A full site stormwater study must include floodplain
analysis if the development will affect the floodplain. The 100-year
storm event frequency must be used for development within the floodplain.
(H)
Operations and Maintenance Requirements.
(1)
All structural stormwater controls must be operated and maintained
to continue to meet the Site Performance Standard or alternative Treatment
Standard as applicable.
(2)
The owner of property subject to any application that proposes
structural stormwater controls that will be privately-owned and operated
must enter into an Operations and Maintenance Agreement with the City.
The Agreement must specify at least the following:
(a)
A plan to maintain and operate the structural stormwater
controls to continue to meet the Site Performance Standard or alternative
Treatment Standard, which may include but is not limited to operations
and maintenance requirements in Appendix E.
(b)
For structural stormwater controls that include
vegetation, requirements to maintain and/or replace vegetation to
ensure at least 90 percent vegetative coverage; and;
(c)
For structural stormwater controls that include
soils in the treatment process, requirements to maintain soil permeability
and plant health; and
(d)
Reporting requirements to document compliance with
ongoing operations and maintenance requirements.
(3)
For any property that is subject to an Operations and Maintenance
Agreement, a Notice of Operations and Maintenance Agreement (NOMA)
must be recorded with Lane County Deeds and Records. The NOMA must
be in a form approved by the City, be signed by the property owner
and properly notarized, and include a legal description of the subject
property.
(6238; 6249; 6279; 6443; Ord. 6464, 11/20/2023)
(A)
Applicability. These regulations apply water quality protection
to only those sites that require Minimum Development Standards Review
as specified in SDC 5.15.100, Site Plan Review approval as specified
in SDC 5.17.100, and Land Divisions (Partition Tentative Plan and
Subdivision Tentative Plan) approval as specified in SDC 5.12.100,
or that disturb more than 1 acre of land through a Type 1 review.
The following standards do not apply to single unit dwellings duplexes,
or middle housing in the R-1 District that disturb less than 1 acre
of land, unless as specified in SDC 4.3.115(B)(1). Existing buildings
that are within the riparian areas specified in SDC 4.3.115(B)(1)
and (2) are not considered non-conforming. SDC 4.3-115(B)(2)(a) and
(b) provide additional protection from a non-conforming status.
(B)
Identification of Water Quality Limited Watercourses. The Director
must maintain a Water Quality Limited Watercourses (WQLW) Map on file
in the Development Services Department, which designates certain watercourses
and their direct tributaries within the City and its urbanizing area.
Any revision to the WQLW Map must be approved by the City Council
as an amendment to this code. Those watercourses and their direct
tributaries included on the WQLW Map are Waters of the State that
have been found to warrant protective measures in support of the City's
response to State and federal regulations regarding surface and subsurface
discharging stormwater management systems, by satisfying 1 or more
of the following standards:
(1)
Watercourse reaches, lying within the City and its urbanizing
area, that are included by the State of Oregon Department of Environmental
Quality (ODEQ) on its most recently adopted "303(d)" List of Impaired
and Threatened Waterbodies.
(2)
Watercourse reaches, lying within the City and its urbanizing
area, with significant water quality impairment identified by water
quality monitoring and sampling done in accordance with approved quality
assurance/quality control (QA/QC) protocols.
(3)
A direct tributary to a WQLW that satisfies the following standards:
(a)
Any watercourse that flows directly into a WQLW.
However, watercourses that flow into the WQLW as a piped connection,
where the pipe system extends more than 200 feet upstream of the connection
point are not considered as flowing into a WQLW under this standard.
(b)
Any watercourse that is a diversion from a WQLW
and that discharges into either a WQLW or other direct tributary to
a WQLW and where the water quality of the diverted flow at the discharge
point has been degraded when compared with the water quality at the
diversion point.
(C)
Protection of Riparian Area Functions. A developer is required
to employ site design, landscaping, and drainage management practices
to protect, preserve, and restore the riparian area functions of the
reaches of those watercourses shown on the WQLW Map that are contained
within or abut the lot/parcel upon which the proposed development
is located.
(1)
For the purposes of this code, riparian area functions include,
but are not limited to:
(a)
Maintaining temperature;
(b)
Maintaining channel stability;
(c)
Providing flood storage;
(d)
Providing groundwater recharge;
(e)
Removing sediments;
(f)
Reducing contaminants, for example: excess nutrients;
oils and grease; metals; and fecal coliform;
(g)
Moderating stormwater flows; and
(h)
Providing fish and wildlife habitat.
(2)
The following standards apply to the protection of water quality
and protection of riparian area functions specified above:
(a)
Avoid development or redevelopment in the following
circumstances:
(i)
Unsuitable areas, including, but not limited to,
unstable slopes, wetlands and riparian areas;
(ii)
Stream Crossings. Where crossings have to be provided,
the impacts on water quality must be minimized to the maximum extent
practical; and
(iii)
Hardening or armoring of stream banks and shorelines.
(d)
Preserve the hydrologic capacity of any watercourses.
(e)
Utilize Native Vegetation in Riparian Areas. The
required riparian area landscaping must be installed as part of the
building permit process and may be bonded as specified in SDC 5.17.115.
(f)
Restore and enhance riparian areas that are degraded
in riparian function.
(3)
In applying SDC 4.3.115(C)(2) above, riparian area protection,
preservation, restoration, and enhancement measures must be applied
as follows:
(a)
For new development and redevelopment, existing
riparian area functions must be protected and preserved. Degraded
functions must be restored or enhanced through the full riparian area
width, as specified in SDC 4.3.115(D)(1) and (2), and extending through
the full frontage of the lot/parcel along the watercourse on the Water
Quality Limited Watercourse (WQLW) Map.
(b)
For additions and expansions on any portion of
a lot/parcel, existing riparian area functions must be protected and
preserved through the full riparian area width specified in SDC 4.3.115(D)(1)
and (2), and extending through the full frontage of the lot/parcel
along the watercourse on the WQLW Map.
(c)
For additions and expansions within 100 feet of
a watercourse on the WQLW Map on a lot/parcel that has degraded riparian
functions, the area for restoration or enhancement must be based upon
the ratio of the impervious area of the addition or expansion to the
existing building or impervious area on the lot/parcel. The restoration
or enhancement must start at the top of bank of the watercourse and
work landward.
(D)
Riparian Area Boundaries. When addressing criterion (E) as specified
in SDC 5.12.125, for Land Divisions, and SDC 5.17.125 for Site Plan
Review to protect riparian areas along watercourses shown on the Water
Quality Limited Watercourses (WQLW) Map, the following riparian area
boundaries must be utilized:
(1)
Along all watercourses shown on the WQLW Map with average annual
stream flow of 1,000 cubic feet per second (CFS) or greater, the riparian
area boundary is 75 feet landward from the top of the bank. Existing
native vegetative ground cover and trees must be preserved, conserved,
and maintained between the ordinary low water line and the top of
bank and 75 feet landward from the top of bank.
Within the Willamette Greenway, any change or intensification
of use to a single unit dwelling or Middle Housing requires Site Plan
Review as specified in SDC 3.3.315. through the Site Plan Review process
the Director may reduce the size of the required riparian area if
there is a finding that the proposed development is in compliance
with SDC 3.3.300, the Willamette Greenway Overlay District, SDC 3.2.280
and other applicable provisions of this code.
(2)
Along all watercourses shown on the WQLW Map with average annual
stream flow less than 1,000 CFS the riparian area boundary is 50 feet
landward from the top of the bank. Existing native vegetative ground
cover and trees must be preserved, conserved, and maintained both
between the ordinary low water line and the top of bank and 50 feet
landward from the top of bank.
(a)
For all watercourses subject to Subsection 4.3.115(A)(2),
other than the Mill Race or Cedar Creek, the 50-foot riparian area
standard may be reduced to 35 feet, provided an equivalent amount
and function of pervious land is established elsewhere on the property
that utilizes water quality measures including, but not limited to:
wetlands; bioswales; and additional trees, especially in parking areas,
exclusive of otherwise required water quality measures and landscape
areas. The applicant has the burden of proof to demonstrate, to the
satisfaction of the Director, equivalency in relation to both the
amount of pervious land (as specified above) and riparian area function
(as specified in SDC 4.3.115(C)).
(b)
An existing building within a riparian area is
not considered a non-conforming use if destroyed by earthquake, flood
or other natural disaster, or fire. In this case, the replacement
building may be constructed within the same footprint as the existing
building. If the building is within the Willamette Greenway, the standards
in SDC 3.3.300, Willamette Greenway Overlay District apply.
(3)
Where a watercourse divides a lot/parcel and the existing riparian
area along that watercourse is degraded in riparian function, the
applicant may relocate the watercourse to another portion of the property
as approved by the Director and applicable State or Federal agency.
(E)
Permitted Uses in Riparian Areas. The following uses are permitted
in riparian areas as long as they do not diminish riparian functions:
(1)
The planting of native trees and native vegetation to promote
bank stability, enhance riparian areas, minimize erosion, preserve
water quality and protect federally listed species. Trees may be clustered
to allow the preservation of views; or to allow maintenance vehicles
to approach City maintained stormwater facilities including detention
basins, outfalls, culverts and similar stormwater facilities as may
be permitted by the Engineering Design Standards and Procedures
Manual.
(2)
The felling of hazardous trees for safety reasons as specified
in SDC 5.19.100, Tree Felling.
(3)
Riparian area restoration and enhancement including the removal
of invasive plant species, where necessary.
(4)
Flood control structures, where necessary.
(5)
Stormwater management systems and outfalls, as specified in
the Engineering Design Standards and Procedures Manual or as required by other regulating authorities.
(6)
Multi-use paths for pedestrian and/or bicycle use must be permitted,
provided that the multi-use path drains away from the watercourse.
Multi-use paths must be located along the outer edge of the required
riparian area and away from the watercourse. The multi-use path must
be located at the outermost edge of the 75-foot-wide Riparian Setback
to the maximum extent practicable. Utilities may be extended within
a multi-use path.
(7)
Water-dependent or water-related uses between the Willamette
River and the Greenway Setback Line as may be permitted in the Willamette
Greenway Overlay District.
(8)
Private driveways, public street crossings, bridges, and necessary
culverts when there is no other vehicle access to the property. Crossings
must be preferably at right angles to the watercourse. Public and
private utilities must be permitted within the driveway, public street,
or bridge right-of-way.
(9)
Repair, replacement, or improvement of utility facilities as
long as the riparian area is restored to its original condition.
(10)
Routine repair and maintenance of existing structures, streets,
driveways, utilities, accessory uses and other similar facilities.
(11)
Other activities similar to those listed above that do not diminish
riparian function. The Director must make the interpretations as specified
in SDC 5.11.100.
(6279; 6316; 6443; Ord. 6464, 11/20/2023; Ord. 6466, 11/20/2023)
(A)
The purpose of this subsection is to protect identified natural resources
in order to:
(1)
Implement the goals and policies of the Metro Plan;
(2)
Satisfy the requirements of Statewide Planning Goal 5;
(3)
Safeguard the City’s locally significant wetland and riparian
areas, especially the hydrologic and ecologic functions these areas
provide for the community;
(4)
Safeguard fish and wildlife habitat;
(5)
Safeguard water quality and natural hydrology, to control erosion
and sedimentation, and to reduce the adverse effects of flooding;
(6)
Safeguard the amenity values and educational opportunities for City’s
wetlands and riparian areas for the community; and
(7)
Improve and promote coordination among Federal, State, and local
agencies regarding development activities near wetlands and riparian
areas.
(B)
This subsection must apply to natural resource protection areas that
include land within the wetland and/or the riparian resource boundary
and the development setback area, specifically:
(1)
Locally significant protected wetlands, listed in the Springfield
Local Wetland Inventory and shown on the Local Wetland Inventory Map.
(a)
The City must determine which wetlands are locally significant through
application of the Oregon Freshwater Wetland Assessment Methodology
to the Local Wetland Inventory.
(b)
Inventoried wetlands which are not deemed to be locally significant
must not be subject to the development setbacks and other protections
described in this subsection, but must continue to be protected under
permitting authority of applicable Federal and State agencies.
(c)
During the application review process, if a property is found to
contain a wetland that has not been inventoried, the applicable Federal
and State agencies must be notified. Based upon the Federal and State
agency review, both the Springfield Local Wetland Inventory and the
Local Wetland Inventory Map may require amendment.
(2)
Locally significant protected riparian areas, listed in the Springfield
Inventory of Natural Resource Sites and shown on the Natural Resources
Inventory Map. The City has determined which riparian areas are significant
in accordance with rules adopted by the Oregon Department of Land
Conservation and Development (DLCD).
(3)
The protections described in this subsection do not apply to:
(a)
Properties that received development approval or were submitted for
processing before December 28, 2005.
(b)
Properties with approved wetland or riparian fill and mitigation
plans, permits or other approved actions issued by the Oregon Department
of State Lands (DSL) and or the US Army Corps of Engineers (COE) or
other approving authority with jurisdiction over wetland and riparian
resources.
(c)
Sites shown on the City’s WQLW Map that are already protected
with 50-foot or 75-foot development setbacks in accordance with SDC
4.3.115.
(4)
Inventory Map Corrections. The Director may correct the location
of a wetland or riparian boundary shown on the Local Wetland Inventory
Map and/or the Natural Resources Inventory Map when it has been demonstrated
by a property owner or applicant that a mapping error has occurred
and the error has been verified by DSL. Wetland delineations verified
by DSL must be used to automatically update and replace the City’s
Local Wetland Inventory mapping. No variance application is required
for map corrections where approved delineations are provided.
(C)
Development Setbacks for Locally Significant Wetland and Riparian
Areas.
(1)
Development setbacks are the primary element of the City’s
protection program for locally significant wetland and riparian areas.
Development setbacks are determined as follows:
(a)
Locally significant wetlands on the Springfield Local Wetland Inventory
which are not shown on the WQLW Map must be protected by a 25-foot
wide development setback.
(b)
Locally significant riparian areas identified on the Springfield
Inventory of Natural Resource Sites which are not shown on the WQLW
Map must be protected by a 25-foot wide development setback.
(c)
Where a locally significant wetlands or riparian area is only partially
shown on the WQLW Map, that portion which is not protected by the
City’s Stormwater Quality Management Program must be protected
by a 25-foot wide development setback.
(d)
Development setbacks from locally significant wetland areas are measured
from the delineated edge of the wetland as acknowledged by DSL.
(e)
Development setbacks from locally significant riparian areas are
measured from the “top of bank” as defined in Chapter
6.
(f)
Where locally significant wetlands and riparian areas overlap, the
development setback area is measured from the edge of the delineated
wetland.
(2)
The Springfield Local Inventory Map and the Springfield Inventory
of Natural Resource Sites Map must be used to provide a visual reference
for locating known wetland and riparian areas, but must not be relied
upon as the final authority for locating the actual boundaries of
these areas. The final authority is a delineation required as specified
in SDC 5.12.120(B) and/or 5.17.120(B) in order to locate the boundaries
of the resource for the purpose of applying development setbacks or
other protections described in this section.
(D)
Site Plan Review as specified in SDC 5.17.100 is required for development
in commercial, industrial, R-2, and R-3 land use districts where the
multiple unit housing development is proposed within 150-feet of a
locally significant wetland or riparian area.
Site Plan Review is not required for:
(1)
Single unit detached dwellings and middle housing in the R-1 land
use district. However, the natural resource protection standards of
this subsection apply to these single-unit detached dwellings and
middle housing; and/or
(2)
Land divisions that comply with water quality protection standards
specified in SDC 4.3.115.
(E)
Permitted Uses Within Locally Significant Wetland and Riparian Natural
Resource Protection Areas.
(1)
The following uses and activities are permitted within a locally
significant wetland or riparian natural resource protection area,
including the development setback area, with no additional State or
Federal permits:
(2)
The following uses and activities are permitted within a locally
significant wetland or riparian natural resource protection area,
including the development setback area, provided that any applicable
Federal, State, or local permits are secured:
(a)
Wetland and or riparian restoration and rehabilitation activities.
(b)
Restoration and enhancement of native vegetation, including the addition
of canopy trees.
(c)
Cutting and removal of trees that pose a hazard to life or property
due to threat of falling.
(d)
Perimeter mowing and other cutting necessary for hazard prevention.
(e)
Removal of non-native vegetation, if replaced with native plant species
at a density that prevents soil erosion and encourages the future
dominance of the native vegetation.
(f)
Normal farm practices such as grazing, plowing, planting, cultivating,
and harvesting that meet the following standard and limitations:
(i)
The farm practices were in existence or occurring on the property
as of December 28, 2005;
(ii)
The farm practices are of no greater scope or intensity than
the operations that were in existence as of the December 28, 2005;
and
(iii)
Normal farm practices do not include new or expanded structures,
streets, or other facilities involving placement of fill material,
excavation, or new drainage measures.
(g)
Maintenance of existing drainage ways, ditches, or other structures
to maintain flows at original design capacity and mitigate upstream
flooding, provided that management practices avoid sedimentation and
impact to native vegetation and any spoils are be placed in uplands.
(h)
Waterway restoration and rehabilitation activities such as channel
widening, realignment to add meanders, bank grading, terracing, reconstruction
of street crossings, or water flow improvements.
(i)
Maintenance and expansion of existing public drinking water facilities
and the establishment of new public drinking water facilities. This
includes essential and ancillary infrastructure and services needed
for the operation of these drinking water facilities.
(j)
Replacement of a permanent, legal, non-conforming building or structure
in existence as of December 28, 2005 with a building or structure
on the same building footprint, if it does not disturb additional
area, in accordance with the provisions of SDC 5.8.100, Non-Conforming Use. Access to and around the building footprint
must be allowed as needed for the delivery of building materials and
reconstruction, but this access must not cause unnecessary disturbance
to vegetation within the resource protection area. Land within the
resource protection area that is disturbed by reconstruction must
be restored to its original condition.
(k)
Expansion of a permanent, legal, non-conforming building or structure
in existence on December 28, 2005, if the expansion area is not within
and does not disturb the locally significant wetland or riparian resource
boundary, in accordance with the provisions of SDC 5.8.100, Non-Conforming Use.
(l)
Emergency stream bank stabilization to remedy immediate threats to
life or property (Federal, State, or local emergency authorization
may be needed for in-stream work).
(m)
Maintenance and repair of existing streets, including repaving and
repair of existing bridges, and culverts, provided that these practices
avoid sedimentation and other discharges into the locally significant
wetland or riparian resource boundary.
(n)
Public multi-use paths, access ways, trails, boardwalks, picnic areas,
or interpretive and educational displays and overlooks, including
benches and outdoor furniture.
(o)
Construction of public and private transportation facilities, sewers, drainage ways, utilities, and other infrastructure which cannot be feasibly located outside of the locally significant wetland or riparian resource boundary, as determined by the Director. These facilities are subject to the development standards specified in subsections (E)(2)(k) and (l), above.
(p)
New fencing may be permitted by the Director where the applicant
demonstrates that the following standard can be satisfied:
(i)
The fencing must not affect the hydrology of the natural resource
protection area;
(ii)
The fencing must not present an obstruction that would increase
flood velocity or intensity;
(iii)
Fish habitat must not be adversely affected by the fencing;
(iv)
The fencing must be the minimum necessary to achieve the applicant’s
purpose; and
(v)
Applications for new fencing within a locally significant wetland
or riparian resource boundary must contain a scale drawing that clearly
depicts the resource boundary and the development area setback, where
applicable.
(F)
The following uses and activities must be permitted within the development
setback area only, provided all required Federal, State, or local
permits are secured:
(1)
Docks, boat shelters, piers, boat ramps, and similar water dependent
uses;
(2)
Utilities, including, but not limited to, water, wastewater, stormwater,
electrical facilities, natural gas facilities, telecommunications,
or other public improvements;
(3)
Streets or bridges where necessary for access or crossings;
(4)
Bioswales or similar water quality improvement projects;
(5)
Public multi-use paths, access ways, trails, picnic areas, or interpretive
and educational displays and overlooks, including benches and outdoor
furniture; and
(6)
Wetland and riparian restoration.
(G)
The following uses and activities must be prohibited within a locally
significant wetland or riparian natural resource protection area,
including the development setback area, unless permitted elsewhere
in this code:
(1)
Placement of new structures or impervious surfaces;
(2)
Excavation, drainage, grading, fill, or removal of vegetation except
for fire protection purposes or removing hazard trees;
(3)
Expansion of areas of landscaping with non-native species, such as
a lawn or garden, into the protected areas;
(4)
Disposal or temporary storage of refuse, yard debris, or other material;
(5)
Discharge or direct runoff of untreated stormwater; and
(6)
Uses not allowed in the list of permitted uses for the underlying
zone.
(H)
Conservation and Maintenance of Locally Significant Wetland and Riparian
Areas and Development Area Setbacks. When approving applications for
Land Divisions, Site Plans, Master Plans, Discretionary Use Permits,
Variances, and Land and Drainage Alteration Permits or for development
permits for properties containing all or a portion of a wetland or
riparian area, the City must assure long term conservation and maintenance
of the wetland or riparian area through 1 or more of the following
methods:
(2)
The area must be protected in perpetuity through ownership and maintenance by a private nonprofit association through a conservation easement or through conditions, covenants, or restrictions (CC&Rs), prescribing the conditions and restrictions specified in subsections (E) through (G), above and any conditions imposed by State or Federal permits; or
(4)
Other mechanisms for long-term protection and maintenance as deemed
appropriate and acceptable by the Director. These mechanisms must
be consistent with the purposes and requirements of this section.
(I)
Notification and Coordination with State Agencies. The Director must
notify DSL in writing of all applications to the City for development
activities, including development applications, Building Permits,
and other development proposals, that may affect any wetland or riparian
areas identified in the Springfield Local Wetlands Inventory or the
Springfield Inventory of Natural Resources Map. This applies to both
locally significant and non-significant wetlands and riparian areas.
(J)
Development Setback Area Variances.
(1)
Variance applications for development setback areas require compliance
with either the major variance standards specified in SDC 5.21.130
or the minor variance standards specified in SDC 5.21.125; and
(2)
In the case of loss of use of the property, the following additional
standards apply:
(a)
The application of the standards of this section renders the property
unbuildable;
(c)
There must be no significant adverse impacts on water quality, erosion,
or slope stability, or these impacts have been mitigated to the greatest
extent possible; and
(d)
The loss of native vegetative cover must be minimized.
(3)
In the case of varying the development setback area, such as averaging
the setback area width, the applicant must submit a plan demonstrating
compliance with the additional standard:
(a)
There must be equal or better protection of the wetland or riparian
area to be ensured through restoration, enhancement, or similar means;
(b)
In the case of setback averaging, the required plan must show the
proposed average setback width with measurements made at no greater
than 50-foot intervals over the distance the property involved in
the setback averaging; and
(K)
Transportation Facilities and Structures Development Standards. The
following standards apply to transportation facilities and structures
within wetland protection areas, including streets and driveways,
bridges, bridge crossing support structures, culverts, and pedestrian
and bike paths:
(1)
Wetland and riparian protection areas can be crossed only where there
are no practicable alternatives to avoid the resource;
(2)
Transportation facilities and structures crossing wetland and riparian
protection areas must be no wider than necessary to serve their intended
purposes; and
(3)
Within buffer areas, new streets, driveways, and pedestrian and bike
paths must be located or constructed so as not to alter the hydrology
of the adjacent wetland or riparian corridor.
(L)
Utility Development Standards. The following standards apply to permitted
crossing, trenching, or boring for the purpose of developing a corridor
for communication, energy, or other utility lines within or crossing
properties within wetland or riparian protection areas:
(1)
Utility maintenance access roads in or crossing protected resources must meet applicable standards for transportation facilities and structures in protected resources as specified in subsection (K), above; and
(2)
For underground utilities, the following additional standards apply:
(a)
Boring under the waterway, directional drilling, or aerial crossing
is preferable to trenching. If trenching is the only alternative,
it must be conducted in a dry or dewatered area with stream flow diverted
around the construction area to prevent turbidity;
(b)
Common trenches, to the extent allowed by the Building Code, must
be required in order to minimize disturbance of the protected resource;
(c)
Materials removed or excavated during trenching, boring, or drilling
must be deposited away from the protected resource, and either returned
to the trench as back-fill, or if other material is to be used as
back-fill in the trench, excess materials must be immediately removed
from the protected resource and its associated buffer. Side-casting
of removed material into a protected resource must not be permitted;
(d)
Backfilling of trenches must utilize excavated soils from the site
whenever possible. If other materials are used for backfill, they
must not be of a pervious nature that would cause the trench to become
a conduit for runoff or change the original hydrology of the protected
wetland or riparian site;
(e)
The ground elevation of a protected resource must not be altered
as a result of utility trench construction or maintenance. The finished
elevation must be the same as starting elevation; and
(f)
Topsoil and sod must be conserved during trench construction or maintenance,
and replaced on top of the trench.
(3)
Hydraulic impacts on protected resources and removal of native vegetation
must be minimized; and
(4)
Where feasible, crossings of wetland and riparian protection areas
must be perpendicular to the protected area to minimize the impact.
(M)
Vegetation Management Standards. The following standards apply to
vegetation in wetland and riparian protection areas:
(1)
Vegetation removal, pruning, or mowing in a locally significant wetland
or riparian boundary must be the minimum necessary and in no case
substantially impair any resource functions and values. Vegetation
removal, pruning, or mowing in the development area setback must be
the minimum necessary. Removal, pruning, or mowing of vegetation is
allowed if the applicant demonstrates 1 of the following:
(a)
The action is necessary for the placement of a structure or other
allowed use for which a Building Permit has been issued;
(b)
The action is necessary for maintenance of an existing structure
or transportation facility;
(c)
The action is necessary for correction or prevention of a hazardous
situation;
(d)
The action is necessary for completion of a land survey;
(e)
The action involves the maintenance of a landscaped area that existed
prior to December 28, 2005;
(f)
The action is part of an approved restoration, enhancement, mitigation,
or erosion control plan, including, but not limited to, invasive or
noxious species removal and replacement with native species, and wetland
area restoration, mitigation, or enhancement; or
(g)
The action is part of a landscape plan approved by the City, and
any other appropriate agencies, in conjunction with a Building Permit
that minimizes adverse impacts on protected resources.
(2)
Planting is permitted in accordance with the following standards:
(a)
The planting is part of an approved restoration, enhancement, mitigation,
or erosion control plan;
(b)
The planting is part of a landscape plan using appropriate native
plant species, and the plan is approved by the City in conjunction
with approval of a Building Permit; or
(c)
The planting is to replace dead or damaged plants that were either
part of a maintained landscape or part of the existing native plant
community.
(6443)
(A)
All utility providers are responsible for coordinating utility installations
with the City and the developer through the Development Review Committee
or by separate written correspondence.
(B)
The developer is responsible for the design, installation and cost
of utility lines and facilities to the satisfaction of the utility
provider.
(6443)
Whenever possible, all utility structures, facilities and equipment
must be placed underground. However, overhead, and above ground structures,
facilities and equipment are permitted for the following:
(A)
Emergency and temporary installations undertaken by utility providers
for a maximum of 30 days.
(B)
Electrical transmission lines and backbone distribution feeders that
are consistent with the Metro Plan’s Public Facilities and Services
Plan. These lines act as a main source of supply to primary laterals
and direct connected distribution transformers and primary loads.
(C)
Appurtenances and associated equipment, including, but not limited
to: surface-mounted transformers, pedestal-mounted terminal boxes,
meter cabinets, telephone cable closures, connection boxes.
(D)
Structures without overhead wires, used exclusively for fire alarm
boxes, streetlights, or municipal equipment installed with the approval
of the City Engineer.
(E)
Power substations, pumping plants, and similar facilities necessary
for transmission or distribution of utility services are permitted
subject to compliance with zoning district regulations and the Metro
Plan’s Public Facilities and Services Plan. Required landscaping
and screening must be approved by the Director under Type 2 procedures
for all these facilities prior to any construction being started.
(F)
Public television transmitters and receivers.
(G)
Industrial developments requiring exceptionally large power supplies
may request direct overhead power during the Site Plan Review process,
without a variance.
(H)
Existing non-backbone distribution feeders located on existing streets
on developed or undeveloped land.
(6443)
(A)
Electrical utility facilities are available to serve the site at
the time of development.
(B)
Electrical utility facilities have capacity to serve the proposed
development.
(6443)
(A)
Each development area must be provided with a water system having
sufficiently sized mains and lesser lines to furnish an adequate water
supply to the development with sufficient access for maintenance.
(B)
Fire hydrants and mains must be installed by the developer as required
by the Fire Marshal and the utility provider.
(6443)
(A)
When necessary to increase the capacity of major electrical power
transmission lines, utility providers must provide the increase by
use of existing rights-of-way or easements.
(1)
In the event that a utility provider determines that it cannot provide
the increase by use of existing rights-of-way or easements, siting
of major electrical power transmission lines is permitted as specified
in the Metro Plan’s Public Facilities and Services Plan.
(B)
Applications for siting of new major electrical power transmission
lines are exempt from the provisions of SDC 5.4.105(B)(2).
(6443)
(A)
Utility Easements. The applicant must make arrangements with the
City and each utility provider for the dedication of utility easements
necessary to fully service the development or land beyond the development
area, as necessary. Public utility easements must be shown on plat
or in a form approved by the City Attorney, and must meet the following
standards:
(1)
The minimum width for public utility easements adjacent to collector
and arterial streets is 10 feet.
(2)
The minimum width for sewer easements is 5 feet on either side of
sewer line for sewers less than 12 inches diameter and less than 5
feet of cover, and 7 feet on either side of the sewer line for sewers
greater than 12 inches diameter or with greater than 5 feet of cover.
(3)
The minimum width for all other public utility easements is 7 feet.
(4)
Notwithstanding the above standards, the utility provider or the
Director may require a larger easement for major water mains, major
electric power transmission lines, stormwater management systems or
in any other situation to allow maintenance vehicles to set up and
perform the required maintenance or to accommodate multiple utility
lines.
(5)
Where feasible, utility easements must be centered on a lot/parcel
line.
(B)
Watercourse or Riparian Area Maintenance Easements. Where the Director
has determined that a watercourse or riparian area will be part of
the City’s Stormwater Management System, a maintenance easement
is required in order to maintain the functionality of these areas.
For watercourses, the easement must be measured from either the top
of the bank, ordinary high water mark or the delineated setback line.
The easement must be a minimum of 10 feet wide where no equipment
is required for access or maintenance. The easement must be extended
to a maximum of 25 feet wide to allow City maintenance vehicles to
set up and perform the required maintenance.
(6443)
(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;
(5)
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.
(C)
Pre-Existing WTS Facilities.
(D)
Exemptions. The following are 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)
A WTS 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;
(iv)
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
SDC 4.3.145(D)(2)(a) will be treated as new construction, requiring
Type 1 or 3 review as specified in SDC 4.3.145(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.
(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 Comprehensive 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)
Antenna.
Antenna Height.
Antenna Support.
Approval Authority.
(1)
(2)
(3)
Backhaul.
Camouflaged.
Carrier.
Co-Location.
Equipment Building, Shelter or Cabinet.
Façade-Mounted Antenna.
Facility.
Faux Tree.
Guyed Tower.
High Visibility.
Lattice Tower.
Low Visibility.
(1)
(2)
(3)
(4)
(5)
Maintenance.
Microcells.
Moderate Visibility.
(1)
(2)
Monopole.
Panel or Directional Antenna.
Residential Zoning District.
RF.
Roof-Mounted Antenna.
Screened.
Service Area.
Side-Mounted Antennas.
Small Top-Mounted Antennas.
Small Wireless Facility.
Speculation Tower.
Stealth.
Structure, Small Wireless Facility.
Telecommunications.
Tower or WTS Tower.
Whip Antenna.
Wireless Telecommunications System (WTS) Facility.
Definitions. The words and phrases used in this section have the
following meanings:
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.
The vertical distance measured from the ground surface at
grade to the tip of the highest point of the antenna on the proposed
structure.
Any pole, telescoping mast, tower, tripod or any other structure
that supports a device used in the transmitting and/or receiving of
electromagnetic waves.
Type 1 Review.
Staff has the authority to approve new co-locations, equipment
replacement, and applications for low visibility and stealth WTS facilities.
Type 3 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.
Type 3 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.
The lines that connect a WTS provider’s radio signals
to 1 or more cellular telephone switching offices, local or long-distance
providers, or the public switched telephone network.
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.
A company authorized by the FCC to build and/or operate a
WTS facility.
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.
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.
An antenna architecturally integrated into the façade
of a building or structure.
A WTS facility.
A WTS tower camouflaged to resemble a tree.
A WTS tower that is supported, in whole or in part, by guy
wires and ground anchors.
The following WTS facilities are examples of high visibility
facilities:
A guyed or self-supporting 3 or 4 sided, open, steel frame
support structure used to support WTS equipment.
The following are examples of low visibility WTS facilities.
Except for small wireless facilities, the following WTS facilities
must not exceed the height limit of the base zone and must not increase
the height of an existing WTS facility:
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, utility towers and poles,
sign standards, and roadway overpasses, with equipment cabinets that
are screened from view.
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.
Additions to existing permitted low-visibility facilities, if
the additions themselves meet the definition of low visibility and
are designed to minimize visibility of the WTS facility.
Changes to an existing building that are consistent with the
building’s architectural style and the equipment cabinets are
not visible.
Small wireless facilities located on small wireless facility
structures in the public right-of-way that meet the standards in SDC
4.3.145(F)(28)(a) through (c).
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.
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.
The following WTS facilities are examples of moderate visibility
facilities:
Panel-shaped antennas not exceeding 8 feet in length or height
that are flush-mounted to an existing building façade or other
existing structure on at least 1 edge, or extend a maximum of 24 inches
from the building façade 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.
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.
A WTS facility consisting of a single pole constructed for
purposes of supporting 1 or more antennas without guy wires or ground
anchors.
An antenna or array of antennas designed to concentrate a
radio signal in a particular area.
Any Springfield zoning district where dwelling units are
intended to be the dominate land use.
Radio frequency.
Any antenna with its support structure placed directly on
the roof of any building or structure.
Concealed from view with a sight obscuring fence, wall or
vegetation.
The area served by a single WTS facility.
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.
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.
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 SDC 4.3.145(F)(28), typically taking the form of 1 or
2 small antenna(s) and associated polemounted equipment.
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.
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.
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.
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.
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.
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.
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 must not: (1) “unreasonably discriminate among providers
of functionally equivalent services,” nor (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 are allowed as an exception to the standards.
(1)
Design for Co-Location. All new towers must 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 must 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 must demonstrate that the gap in service
cannot be closed by upgrading other existing facilities. In doing
so, evidence must clearly support a conclusion that the gap results
from a lack of coverage and not a lack of capacity to achieve adequate
service. If the proposed WTS facility is to improve capacity, evidence
must 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 must 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. SDC 4.3.145(F)(5) defines the type of WTS facilities that
are allowed in each zoning district.
(5)
Location of WTS Facilities by Type. SDC 4.3.145(E) defines various
types of WTS facilities by their visual impact. These are: high visibility,
moderate visibility, low visibility and stealth facilities. Table
4.3.2 lists the type of WTS facilities allowed in each of Springfield’s
zoning districts.
|
Table 4.3.2
| |
|---|---|
|
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
|
|
R-1 Residential
|
|
|
R-2 Residential
|
|
|
R-3 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.
However, the Approval Authority may approve exceeding the maximum
number of high visibility facilities per lot/parcel if 1 of the following
findings is made:
(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 SDC 4.3.145(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 must 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 is 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 is 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
SDC 3.3.900.
(10)
Equipment Location. The following location standards apply to WTS
facilities, except for small wireless facilities:
(a)
No WTS facility may be located in a front, rear, or side yard
building setback in any base zone and no portion of any antenna array
may extend beyond the property lines;
(b)
Where there is no building, the WTS facility must be located
at least 30 feet from a property line abutting a street;
(c)
For guyed WTS towers, all guy anchors must be located at least
50 feet from all property lines.
(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 requires approval through a Type 3 review process,
subject to the approval criteria specified in SDC 4.3.145(I).
(12)
Accessory Building Size. All accessory buildings and structures built
to contain equipment accessory to a WTS facility cannot 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 Type 3 process.
(13)
Visual Impact. Except for small wireless facilities, which must meet
the requirements of subsection (F)(28), all WTS facilities must be
designed to minimize the visual impact to the greatest extent practicable
by means of placement, screening, landscaping, and camouflage. All
facilities also must be designed to be compatible with existing architectural
elements, building materials, and other site characteristics. The
applicant must use the least visible antennas reasonably available
to accomplish the coverage objectives. All high visibility and moderate
visibility facilities must 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 must
be nonreflective and chosen to minimize visibility. Facilities, including
support equipment and buildings, must 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 must be designed
to visually and operationally blend into the surrounding area in a
manner consistent with existing development on adjacent properties.
The facility also must be appropriate for the specific site. In other
words, it must not “stand out” from its surrounding environment.
(16)
Façade-Mounted Antenna. Façade-mounted antennas must
be architecturally integrated into the building design and otherwise
made as unobtrusive as possible. If possible, antennas must be located
entirely within an existing or newly created architectural feature
so as to be completely screened from view. Façade-mounted antennas
must not extend more than 2 feet out from the building face.
(17)
Roof-Mounted Antenna. Roof-mounted antennas must be constructed at
the minimum height possible to serve the operator’s service
area and must 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
must submit evidence, e.g., photos, sufficient to prove that the facility
is in substantial conformance with photo simulations provided with
the initial application. If the WTS facility does not comply with
the photo simulation, the applicant must complete require any necessary
modification to achieve compliance within 90 days of being notified
by the Director.
(19)
Noise. Noise from any equipment supporting the WTS facility must
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 must:
(21)
Traffic Obstruction. Maintenance vehicles servicing WTS facilities
located in the public or private right-of-way may not park on the
traveled way or in a manner that obstructs traffic.
(22)
Sidewalks and Pathways. Cabinets and other equipment must not
impair pedestrian use of sidewalks or other pedestrian paths or bikeways
on public or private land.
(23)
Lighting. WTS facilities must 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 will review any available alternatives
and approve the design with the least visual impact. All other site
lighting for security and maintenance purposes must be shielded and
directed downward, and must comply with the outdoor lighting standards
in SDC 4.5.100, unless required by any other applicable law.
(24)
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, must be provided in the landscape
setback. Shrubs must 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 must 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 SDC 4.4.100 apply.
(25)
Prohibited WTS Facilities.
(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.
(26)
Speculation. No application will 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.
(27)
Small Wireless Facilities in the Public Right-of-Way. Small wireless
facilities in the public right-of-way must comply with the following
standards:
(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 preexisting 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 wireless facility structure, excluding
antenna equipment, must not total more than 6 cubic feet in volume,
whether an array or separate.
(e)
Antennas may not project more than 5 feet above or 2 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 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.
However, multiple equipment cabinets on a single pole are permitted
only when necessary to comply with the pole owner’s joint use
requirements.
(h)
All cabling and wires that run between the antenna and equipment
must be concealed or shielded inside conduit.
(i)
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:
(i)
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.
(ii)
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.
(iii)
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.
(l)
Small wireless facilities are not permitted on decorative light
poles and no decorative light poles will be removed or replaced to
accommodate small wireless facilities.
However, 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
must provide the following reports, documents or documentation:
(1)
Submittal Requirements for Low Visibility and Stealth Facilities
(Type 1 Review). All applications for low visibility and stealth WTS
facilities must submit the following reports and documentation:
(a)
Narrative. The application must 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 must 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 must 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 must include
the following:
(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 recommended by the engineer’s
report, reasons for not collocating must be provided demonstrating
at least one of the following deficiencies, except for small wireless
facilities which must meet the requirements in SDC 4.3.145(F)(28)(k),
upon report of an engineer or other qualified individual:
(i)
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 1 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 colocated. 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.
(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 3 Review). Applications for moderate and high visibility WTS
facilities must include all the required materials for low visibility
and stealth WTS facilities specified in SDC 4.3.145(G)(1). In addition
to the applicable Type 2 or Type 3 application requirements, WTS applications
must include 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 must
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 must include a discussion of the physical
constraints, e.g., topographical features, making the additional height
necessary. The narrative must 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.
(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 SDC 4.3.145(G)(1)(c), the applicant must 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 must 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 must 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 must 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
must be placed underground.
(k)
Alternative Site Analysis. The applicant must 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 must 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.
(l)
Visual Impact Study and Photo Simulations. The applicant must 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 must include photo simulations
and other information necessary to determine visual impact of the
facility as seen from multiple directions. The applicant must 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 must be performed by a qualified professional with
expertise pertinent to the scope of the service requested.
(b)
The scope of the independent consultation must 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 is to verify that the applicant’s proposal is safe
and is the least impactful alternative for closing the service gap.
(c)
The applicant must 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 SDC 5.1.120(C). 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 are reviewed through a Type 3 procedure. Low visibility
or stealth facilities, and the co-location of new equipment of existing
facilities are allowed under a Type 1 procedure 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 SDC 5.1.120(A) is required only for high and moderate
visibility WTS facility applications. Applicable development standards
as specified in SDC 4.3.145(F) and submittal requirements as specified
in SDC 4.3.145(G), will be discussed at the DIM.
(2)
Type 1 Review. 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 SDC 4.3.145(E),
in any zoning district.
(b)
Façade-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
must be placed on the top of any 1 facility without a Type 3 review.
(e)
To minimize adverse visual impacts associated with the proliferation
and clustering of towers, co-location of antennas or arrays on existing
towers must take precedence over the construction of new towers, provided
the co-location is accomplished in a manner consistent with the following:
(i)
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 must be reviewed under a Type 3 process.
The height change may only occur 1 time per tower.
(ii)
An existing tower that is modified or reconstructed to accommodate
the co-location of additional antennas or arrays must 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 SDC 4.3.145(F)(28).
(g)
Co-location of antennas or arrays on existing WTS facilities.
(h)
The Director will use the applicable criteria specified in SDC 4.3.145(I)
to evaluate the proposal.
(3)
Type 3 Review Process. A Type 3 application, processed concurrently
with the Site Plan Review application, is required for the following
WTS facilities:
(4)
Council Notification and Possible Review. A briefing memorandum must
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 is
the Approval Authority.
(I)
Approval Criteria.
(1)
Low Visibility and Stealth WTS Facility Applications. The Director
must approve the low visibility and stealth WTS facility applications
upon a determination that the applicable standards specified in SDC
4.3.145(F) and the submittal requirements specified in SDC 4.3.145(G)
are met.
(2)
Moderate and High Visibility WTS Facility Applications. The Approval
Authority must approve moderate visibility and high visibility WTS
facility applications upon a determination that the applicable standards
in SDC 4.3.145(F) and the submittal requirements in SDC 4.3.145(G)
are met. The Approval Authority must also determine if there are any
impacts of the proposed WTS facility on adjacent properties and on
the public that can be mitigated through application of other Springfield
Development Code standards or conditions of approval as specified
in SDC 4.3.145(J).
(J)
Conditions of Approval. For Type 3 applications, the Approval Authority
may impose any reasonable conditions deemed necessary to achieve compliance
with the approval criteria.
(K)
Maintenance. The property owner and the carrier in charge of the
WTS facility and tower must maintain all equipment and structures,
landscaping, driveways and mitigating measures as approved. Additionally:
(L)
Inspections.
(1)
The City has 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 must be promptly removed
at the operator’s 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 must notify the City of their intentions no less than
60 days prior to the final day of use.
(3)
WTS facilities are considered abandoned 90 days following the final
day of use or operation.
(4)
All abandoned WTS facilities must 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.
(5)
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 must 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.
(6292; 6359; 6394; 6443; Ord. 6465, 11/20/2023)
