A. 
Any applicant proposing to place a macro facility, construct a macro facility support structure, equipment building and antenna tower, or mount an antenna on an existing macro facility, shall demonstrate by engineering evidence that the macro facility, including support systems, must be located on the site to satisfy its function in the applicant's local grid system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the grid system.
B. 
Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider, or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the wireless communication system.
C. 
Location and design of macro facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact to such neighborhood, including but not limited to trees, views, scale of structures in the surrounding area, and the height of the proposed structure.
(Ord. 694 § 2, 2019)
Macro facilities, including antenna towers, support structures and equipment buildings, shall only be allowed on public property at the following locations:
A. 
Public rights-of-way, except 92nd Avenue NE and where the town, in its discretion, determines that all service facilities and utilities shall be undergrounded.
B. 
Public buildings and property.
C. 
Public parks.
(Ord. 694 § 2, 2019)
A. 
The following minimum requirements apply to the placement of macro facilities on public property and public rights-of-way:
1. 
The facilities will not interfere with the purposes for which the town-owned property or rights-of-way are intended;
2. 
The facilities will be located no closer than 70 feet from the nearest private property line measured horizontally at ground level;
3. 
The applicant shall obtain liability insurance in an amount not less than $1,000,000;
4. 
The applicant will submit a letter of credit, performance bond, or other security acceptable to the town to cover the costs of removing the facilities;
5. 
The macro facility, including support systems, will not interfere with other uses;
6. 
The applicant must agree that in case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the town may require the applicant to remove the facilities at the applicant's expense;
7. 
The applicant must obtain all necessary land use approvals;
8. 
The applicant must cooperate with the town's objective to locate multiple antennas and associated equipment on a single macro facility;
9. 
The applicant must remove the facility in the event that it is abandoned or there is no current site lease; and
10. 
The facility must be constructed in such a manner as to provide a stealth appearance.
B. 
Special Requirements for Parks. The use of town-owned parks for macro facilities, including support systems, brings with it special concerns due to the unique nature of these sites. The placement of macro facilities in a park will be allowed only when, in addition to the requirements of subsection A of this section, the applicant demonstrates the following:
1. 
The proposed location has not been designated as a critical area, and the macro facility is not within 150 feet of a critical area;
2. 
The macro facility will not interfere with normal public use or impact existing vistas;
3. 
The macro facility is constructed in such a manner as to provide a stealth appearance and is consistent with the existing flora and fauna of the park.
(Ord. 694 § 2, 2019)
The applicant for a macro facility shall obtain a special-use permit for the installation and operation of the macro facility. An application for a special-use permit for installing a macro facility shall consist of the following:
A. 
Photosimulations of the proposed facility from surrounding areas of not less than 300 feet in all directions;
B. 
A site elevation and landscaping plan indicating the specific placement of the macro facility, including support systems, on the site, the location of existing structures, trees and other significant site features, the type and location of plant materials to be used to screen the facility, and the proposed color(s) of the facility;
C. 
Copies of any environmental documents required by any federal agency;
D. 
A site plan clearly indicating the location, type and height of the proposed antenna tower, antenna support structure, and equipment buildings, including but not limited to all stealth features;
E. 
A current map showing the locations and service areas of other macro facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the town, including the capacity of the proposed site to extend that service area beyond that which is covered already from an existing macro facility;
F. 
The legal description of the parcel;
G. 
The method of fencing, finished color and, if applicable, the method of camouflage;
H. 
A statement by the applicant that the construction of the proposed antenna tower, antenna support structure, and equipment buildings shall accommodate additional facilities or antennas for future users;
I. 
A complete SEPA checklist and any supplemental environmental studies required by the town;
J. 
Engineering evidence demonstrating that the macro facility, including support systems, must be located on the proposed site to satisfy its function in the applicant's local grid system.
(Ord. 694 § 2, 2019)
Approval of all special-use permits for macro facilities shall be based on the following design criteria:
A. 
New macro facilities shall be designed to accommodate the location of additional antennas and associated equipment unless the applicant demonstrates why such design is not feasible for technical or physical reasons.
B. 
Architectural Compatibility. Macro facilities shall be architecturally compatible with the surrounding buildings and land uses in the town, and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
C. 
Setbacks. All macro facilities shall comply with the minimum setback requirements of the Yarrow Point Zoning Code. A variance shall be required to vary from the minimum setback requirements.
D. 
View Corridors. Consideration shall be given to the placement of antenna towers, antenna support structures and equipment buildings such that said facilities do not obstruct current existing views.
E. 
Lights, Signals and Signs. No signals, lights or signs shall be permitted on any macro facilities, including antenna towers, antenna support structures, and equipment buildings.
F. 
Equipment Structures. All ground-level equipment, equipment buildings and antenna support structures shall be placed underground unless the applicant can, by sound engineering studies, demonstrate that undergrounding is not feasible. In the event an applicant demonstrates that ground-level equipment, equipment buildings, and antenna support structures cannot be placed underground, then the following standards shall apply:
1. 
The maximum finished area occupied by the structure shall be 100 square feet and the maximum structure height shall be six feet. The equipment building may be located no more than 50 feet from the antenna or facility.
2. 
Ground-level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means.
3. 
Equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.
G. 
Federal Requirements. All antennas and antenna support structures must meet or exceed all federal regulations.
H. 
Building Codes, Safety Standards. To ensure the structural integrity of towers, antennas, antenna support structures and facilities, the applicant/owner shall ensure that they are maintained in compliance with standards contained in the applicable town building codes and the applicable standards for antenna support structures published by the Electronic Industry Association (EIA) as amended from time to time. If, upon application for a building permit or inspection, the town concludes that an antenna support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice provided to the owner by the town, the owner shall have 30 days to bring the antenna support structure into compliance with such standards. If the owner fails to bring the antenna support structure into compliance within 30 days, the town may remove the antenna support structure at the owner's expense.
I. 
Structural Design. Antenna support structures shall be constructed to EIA standards, which may be amended from time to time, and to all applicable codes adopted by the town. Further, any improvements or additions to existing antenna support structures shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time applications for building permits are submitted.
J. 
A wooden fence not more than six feet, six inches in height from the finished grade shall be provided around each macro facility. Access to the facility shall be through a locked gate.
K. 
Height of Antenna and Antenna Support Structure. No antenna, antenna support structure or mount shall exceed 45 feet in height from existing grade. Exceptions to this requirement may be allowed only after the applicant obtains a variance.
(Ord. 694 § 2, 2019; Ord. 722 § 7, 2023)
Approval of all special-use permits shall be based on the following landscaping requirements:
A. 
Landscaping, as described herein, shall be required to screen macro facilities as much as possible, to soften the appearance of the facility. The town may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, on top of a utility pole and/or other equipment, or is housed inside an existing structure, landscaping may not be required.
B. 
Screening. The visual impacts of a macro facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. Landscaping and buffering shall be required around the perimeter of the antenna and antenna support structure, except that the town may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.
(Ord. 694 § 2, 2019)
A. 
Abandonment. No less than 30 days prior to the date that a macro service provider plans to abandon or discontinue operation of a facility, the provider must notify the town by certified U.S. mail of the proposed date of abandonment or discontinuation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the town's discovery of discontinuation of operation. Upon such abandonment, the provider shall have 60 days (or additional period of time determined in the reasonable discretion of the town) within which to:
1. 
Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or
2. 
In the event that abandonment as defined herein occurs due to relocation of an antenna at a lower point on the antenna support structure, the operator shall have six months from the date of effective abandonment to collocate another service on the antenna and antenna support structure. If another service provider is not added to the antenna support structure, the operator shall promptly dismantle and remove that portion of the antenna support structure which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes made to wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment; or
3. 
Dismantle and remove facility. If the tower, antenna, foundation, and facility are not removed within the 60-day time period or additional period of time allowed by the town, the town may remove the antenna, antenna support structure, foundation and related facility at the owner's/provider's expense. If there are two or more providers located on a facility, this provision shall not become effective until all providers cease using the facility, except as otherwise provided herein.
B. 
At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, town approval for the facility shall automatically expire.
(Ord. 694 § 2, 2019)
A. 
The planning commission shall be vested with the authority by this chapter to determine at a public hearing whether to grant, grant with conditions, or deny an application for a special-use permit for the installation of a macro facility.
B. 
The planning commission shall be vested with the authority by this chapter to determine at a public hearing whether to grant, grant with conditions, or deny a variance. In addition to the requirements of YPMC § 17.28.070(C), Variances, the planning commission shall consider the following:
1. 
The impact of the facility on adjacent properties;
2. 
Alternative sites for macro facilities; and
3. 
The extent to which screening and camouflaging will mitigate the effect of the proposed macro facilities.
C. 
Macro facility special-use permit decisions made by the planning commission under subsection A of this section as well as decisions on variances made by the planning commission under subsection B of this section are final decisions appealable to the hearing examiner within 30 days of such decision. The timely filing of such appeal shall stay the effective date of the decision until such time as the appeal is concluded or withdrawn.
(Ord. 694 § 2, 2019)
Upon the granting of a special-use permit for a macro facility by the planning commission, the applicant shall enter into a lease with the town of Yarrow Point for the use of town property.
(Ord. 694 § 2, 2019)