Clyde Hill City Zoning Code
CHAPTER 17
78 SMALL WIRELESS FACILITIES
§ 17.78.010 Purpose.
The purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of small wireless facilities. Among the purposes included are to:
A.
Minimize potential adverse visual, aesthetic, and safety impacts of small wireless facilities.
B.
Establish objective standards for the placement and aesthetics of small wireless facilities.
C.
Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services.
D.
Encourage the design of such small wireless facilities to be aesthetically and architecturally compatible with the surrounding utility poles, water towers, traffic signals, street lights and natural environments where possible.
E.
Encourage the attachment of small wireless facilities on existing support structures to help minimize the total number and impact of such structures throughout the community.
F.
Facilitate the use of public property and structures for small wireless facilities, where possible, to reduce the impact of small wireless facilities upon residential property.
G.
Protect the residential aesthetic of the city.
(Ord. 969 § 3, 2020)
§ 17.78.020 Definitions.
A.
"Antenna"
means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.
B.
"Co-location"
means (1) mounting or installing an antenna facility on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
C.
"Small wireless facility"
has the same meaning as defined in 47 CFR 1.6002.
D.
"Structure"
means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
E.
"Transmission equipment"
means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
F.
"Unified enclosure"
means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
G.
"Utility pole"
means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.
(Ord. 969 § 3, 2020)
§ 17.78.030 General provisions.
A.
Small wireless facilities shall not be considered nor regulated as essential public facilities.
B.
Small wireless facilities located outside of the public rights-of-way may be either a primary or a secondary use.
C.
Small wireless facilities located within the public right-of-way as authorized by a public place use permit are permitted in all zones in the city but shall require a small wireless facility permit, a lease if required pursuant to CHMC § 17.78.040(E), and compliance with the requirements of this chapter and Chapter 12.14 CHMC.
D.
Location of Small Wireless Facilities. Small wireless facilities shall be permitted only in the locations set forth below and shall not be permitted to be located upon residential property except as described in subsection (D)(4) of this section:
1.
On a currently existing structure located within the right-of-way of any principal, minor or collector arterial within the city as set forth in CHMC § 12.04.020. In locating a small wireless facility on such currently existing structure, the city may allow the user to remove a currently existing structure and replace it in the same location (or within five feet of the original location) with a similar structure, consistent with the requirements of this chapter;
2.
On the four water towers which are in existence at the time this chapter is adopted;
3.
On a structure, building, or non-right-of-way property which is either city-owned or city-leased;
4.
Within an access easement on private property or on a private road with property owner permission, if the locations above are not technically feasible.
E.
If a non-wooden pole exists within 500 feet of a wooden pole, the applicant shall utilize the non-wooden pole unless the applicant can demonstrate, to the satisfaction of the city administrator, that the non-wooden pole has been evaluated and it is not feasible to place a small wireless facility on such non-wooden pole.
(Ord. 969 § 3, 2020)
§ 17.78.040 Application components for small wireless facilities.
A.
Application Process. The city administrator is authorized to establish a public place use permit and other application forms to gather the information required by this chapter from applicants and to determine the completeness of the application process as provided herein.
B.
Consolidated Permits. All permits, leases, and public use permits necessary for the deployment of small wireless facilities shall be consolidated for review and a decision rendered to the full extent feasible within the presumptively reasonable time periods established by federal law. Applicants are allowed to apply for public use permits or leases independently of an application for a small wireless permit.
C.
Pre-Application Meeting. A pre-application meeting is encouraged prior to submitting an application for a small wireless facility permit.
D.
Public Place Use Permit. An applicant must obtain a public place use permit, as described in Chapter 12.14 CHMC and in CHMC § 17.78.045, for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant's facilities is to be located in the right-of-way.
E.
Small Wireless Facility Permits. The application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in CHMC § 17.78.050.
F.
Associated Permit(s). The applicant shall attach all associated permits requirements such as applications or checklists required under SEPA ordinances.
G.
Leases. In addition to the requirement of obtaining a public place use permit, if all or a portion of the small wireless facility will be located upon a city-owned structure, or a new structure or equipment enclosure either above ground or underground within the right-of-way, or upon non-right-of-way property which is either city-owned or city-leased, the applicant shall be required to enter into a lease agreement with the city for the use of the city property. The applicant must apply for a lease pursuant to CHMC § 17.77.040. The city council has the authority to approve or deny the lease agreement. The execution of a lease agreement will not excuse the applicant from the requirement to obtain a public place use permit for siting small wireless facilities within the city.
(Ord. 969 § 3, 2020)
§ 17.78.045 Public place use permit.
A.
Applications for a public place use permit or lease for the siting of small wireless facilities within the boundaries of the city shall include the following:
1.
Name, address, phone number and authorized signature on behalf of the applicant;
2.
The requisite application fee;
3.
Information necessary to demonstrate that the small wireless facilities will provide services to residents of the city and to others while within the city limits of Clyde Hill;
4.
A master wireless communications facility one-year projection, which includes both small wireless facilities and macro wireless facilities, including detailed maps, showing the approximate location and characteristics of the proposed wireless communications facilities within the city, which are owned or controlled by the applicant; and
5.
A map of the current installations of any small wireless facilities or macro wireless facilities within the city.
B.
An applicant who possesses a public place use permit for the deployment of wireless communication facilities must obtain a public place use permit specific to small wireless facilities.
C.
If the applicant fails to pay or otherwise comply with the terms and conditions of the negotiated public place use permit or any of the applicable provisions of this chapter within 10 days after the date the city issues notice of such failure to the user, then the public place use permit shall terminate. The applicant is then required to disconnect its small wireless facility and reapply for a small wireless facility public place use permit consistent with the requirements of this chapter.
(Ord. 969 § 3, 2020)
§ 17.78.050 Application for siting small wireless facilities.
The following information shall be provided by all applicants for a small wireless permit:
A.
Name, address, phone number and authorized signature on behalf of the applicant.
B.
The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and photo- simulations of the small wireless facilities, including engineering and designs, shall be provided by the applicant. The application shall have sufficient detail to identify:
1.
The location of overhead and underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area.
2.
The specific trees, structures, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
3.
The construction drawings shall also include the applicant's plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant's construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.
4.
If the site location includes a replacement or new light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk 150 feet upstream and downstream of the existing light.
5.
Photo-simulations of the proposed small wireless facility, illustrating the extent to which the proposed small wireless facility will be visible from surrounding streets, public open spaces, and nearby residential areas.
6.
Compliance with the locational and pole requirements of CHMC § 17.78.030(D) and (E) and the aesthetic requirements of CHMC § 17.78.070.
C.
The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards, as well as assurances that the specific pole can withstand wind and seismic loads, from the pole owner, unless the pole owner is the city. Submission of the lease agreement between the owner and the applicant is not required. For city-owned poles or structures, the applicant must obtain a lease from the city prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the city to evaluate the usage of a specific pole.
D.
The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
E.
Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has evaluated the following:
1.
Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no feasible alternative location exists which is not in front of the same residential parcel.
2.
Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. The applicant must demonstrate that no feasible alternative location exists which is not directly in front of a window or views.
F.
Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 18.04 CHMC.
G.
The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities which generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation.
H.
The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
I.
A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that the construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes or regulations.
J.
A traffic control plan.
K.
The small wireless facilities permit shall include those elements that are typically contained in the right-of-way use permit and a building permit to allow the applicant to proceed with the build-out of the small wireless facility deployment.
L.
The requisite application fee.
M.
Recognizing that small wireless facility technology is rapidly evolving, the city administrator is authorized to adopt and publish standards for the technological and structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures.
N.
Such other information as the city administrator, in his/her discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations.
(Ord. 969 § 3, 2020)
§ 17.78.060 Review process.
A.
Review and issuance of the public place permit and any lease agreement shall be consistent with the requirements in CHMC § 17.77.070.
B.
Upon receipt of a completed application for a small wireless facility permit for the siting of a small wireless facility, the city administrator shall consider the small wireless facility permit application and its consistency with this chapter.
1.
Only complete applications for a small wireless permit containing all required submission elements described in CHMC § 17.78.050 shall be considered by the city. Incomplete applications that are not made complete by the applicant within 90 days of initial submission of the application materials shall be deemed withdrawn.
2.
Vertical clearance shall be reviewed by the city administrator to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
3.
Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement pole or new pole must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.
4.
No equipment shall be operated so as to produce noise in violation of Chapter 8.10 CHMC.
5.
Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent.
C.
Public Notice. No small wireless facility permit shall be granted by the city administrator unless the applicant has met all of the public notice requirements set forth below:
1.
Mailed Notice. The applicant shall mail postcard notices to the owners of all real property within a radius of 300 feet of the pole location, within 20 days of a determination of a complete application by the city administrator. The requirements of this subsection shall be satisfied if the notices are mailed to the person(s) shown to be the owners of such property on the records of the office of the King County department of records and elections, and if mailed to the last address of such record owner. If the applicant is batching its applications, then one notice will satisfy per batched application.
2.
Form of Notice. Mailed and posted notices shall state the name and address of the applicant, the location for the proposed small wireless facility, provide a general description of the proposed small wireless facility, set forth the date the application was submitted to the city, and provide any other information determined appropriate by the city.
3.
Expense of Notice. The applicant is responsible for all costs associated with carrying out the notice requirements set forth in this subsection.
D.
Permits for siting small wireless facilities are not subject to the processing requirements set forth in CHMC Title 19. However, the city shall act upon a completed permit application within a reasonable period of time, taking into account the nature and scope of the application, and any state and federal shot clocks.
E.
Withdrawal. Any applicant may withdraw an application submitted pursuant to CHMC § 17.78.050 at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the city administrator's decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the city administrator's decision, there shall be no refund of all or any portion of such fee.
(Ord. 969 § 3, 2020)
§ 17.78.070 Design and concealment standards for small wireless deployments.
The city encourages design aesthetics that have minimal impact on the streetscape and view of the city. Figures A and B in CHMC § 17.78.140 illustrate the city's preference for small wireless facility design. Small wireless facility deployments shall conform to the following design standards:
A.
Small wireless facilities attached to existing or replacement non-wooden light poles and other non-wooden poles in the right-of-way or non-wooden poles outside of the right-of-way shall conform to the following design criteria:
1.
Upon adoption of a city standard small wireless facility pole design(s), an applicant shall first consider using or modifying the standard pole design to accommodate its small wireless facility without substantially changing the outward visual and aesthetic character of the design. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the city's ADA, sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as further described in this subsection A.
2.
An applicant shall place equipment according to the following hierarchy. The applicant may only use a lower priority equipment location if it can demonstrate that it is not technically or physically feasible to site the small wireless facility using a higher level priority equipment location.
a.
Underground in a utility vault. If located underground, the access lid to the equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirement if located within an existing pedestrian access route.
b.
Concealed completely within the pole or pole base. The associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design. If within the pole base, the base shall meet the ADA requirements and not impact the pedestrian access route.
c.
Located on a pole. If located on a pole, the associated equipment enclosures (including disconnect switches and other appurtenant devices) must be camouflaged to appear as an integral part of the pole.
i.
The equipment shall be placed as close to the surface of the pole as possible, but may not be more than six inches off the surface of the pole.
ii.
The equipment must be placed in the smallest enclosure possible for the technical need of the small wireless facility. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna (including conduit) and any pre-existing associated equipment on the pole, may not exceed 28 cubic feet.
iii.
Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet.
iv.
The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the operation of the small wireless facility.
v.
The furthest point of any equipment enclosure may not extend more than 28 inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
vi.
Applicants are encouraged to place the equipment enclosure as close to the antennas as physically and technically possible, unless such placement would cause a greater aesthetic impact or interfere with the light standard.
3.
The applicant shall use the smallest size antenna and antenna enclosure technically necessary. Antennas may be placed aboveground on the poles as follows:
a.
The antenna(s) shall be placed as close to the surface of the pole as possible, but may not be more than 12 inches off the surface of the pole, and only if such distance is necessary for antenna tilt and technical need. Each antenna may not exceed three cubic feet in volume.
b.
The applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than six inches from the surface of the pole.
c.
An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically necessary. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
4.
A unified antenna and equipment enclosure shall be placed as close to the surface of the pole as possible, but not more than 12 inches off the pole if necessary for antenna tilt and technical need. The unified equipment enclosure shall be placed either at the top of the pole or as close to the light standard as possible, without disrupting the lighting. The unified equipment enclosure shall be the smallest size technically necessary, but shall not exceed six cubic feet.
5.
All conduit, cables, wires and fiber must be routed internally in the non-wooden pole. Wires connecting the antenna(s) to the equipment enclosure, if located externally on the pole, shall be consolidated and pulled as tight as technically feasible or concealed within a mounting bracket, canister, shroud or sleeve. A shroud shall be the minimum size necessary to consolidate and conceal connecting wires. Loops of extra wire shall not be lashed to the pole or to any pole-mounted antenna equipment. Attachment of aerial wires between poles is prohibited.
6.
Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.
7.
The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height.
8.
The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing non-wooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment or the three interior conduit within the base of the pole, and shall comply with the requirements in subsection (E)(2) of this section.
9.
The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
B.
Wooden Pole Design Standards. These standards shall also apply to poles that are designed to mimic wooden poles (i.e., glulam poles). Small wireless facilities located on wooden poles shall conform to the following design criteria:
1.
The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
2.
A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
3.
Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole (or other material designed to mimic a wooden pole) used by the pole owner in the city.
4.
Antennas shall adhere to the following design requirements:
a.
Antennas shall be placed as close to the pole as possible, and no more than 12 inches from the surface of the wooden pole.
b.
Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.
c.
A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (B)(1) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.
d.
An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
5.
An applicant shall place equipment according to the following hierarchy. The applicant may only use a lower priority equipment location if it can demonstrate that it is not technically or physically feasible to site the equipment associated with the small wireless facility using a higher level priority equipment location.
a.
Underground in a utility vault. If in order to site a small wireless facility, and if technically feasible, the applicant (or pole owner) must replace the pole, then the equipment shall be located underground, the access lid to the equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirement if located within an existing pedestrian access route. All cables and conduit for power and backhaul shall be located underground and shall be placed internally within the pole. The wooden pole may be replaced with a hollow glulam or other type of pole designed to mimic a wooden pole.
b.
Located on a pole. If located on a pole, the associated equipment enclosures (including disconnect switches and other appurtenant devices) must be camouflaged to appear as an integral part of the pole.
i.
The equipment shall be placed as close to the surface of the pole as possible, but may not be more than six inches off the surface of the pole.
ii.
The equipment must be placed in the smallest enclosure possible for the technical need of the small wireless facility. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna (including conduit) and any pre-existing associated equipment on the pole, may not exceed 28 cubic feet.
iii.
Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet.
6.
Applicants are encouraged to place the equipment enclosure as close to the antennas as physically and technically possible, unless such placement would cause a greater aesthetic impact or interfere with the light standard. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.
7.
The furthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
8.
A unified antenna and equipment enclosure shall be placed as close to the surface of the pole as possible, but not more than 12 inches off the pole if necessary for antenna tilt and technical need. The unified equipment enclosure shall be placed either at the top of the pole or as close to the light standard as possible, without disrupting the lighting. The unified equipment enclosure shall be the smallest size technically necessary, but shall not exceed six cubic feet.
9.
The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
10.
The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed.
11.
The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall either be the same diameter as the existing pole or a standard utility pole size.
12.
Unless the pole is hollow, all cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless. Wires connecting the antenna(s) to the equipment enclosure, if located externally on the pole, shall be consolidated and pulled as tight as technically feasible or concealed within a mounting bracket, canister, shroud or sleeve. A shroud shall be the minimum size necessary to consolidate and conceal connecting wires. Loops of extra wire shall not be lashed to the pole, to electrical wires supported by the pole, or to any pole-mounted antenna equipment.
C.
Small wireless facilities attached to existing buildings shall conform to the following design criteria:
1.
Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme.
2.
The interruption of architectural lines or horizontal or vertical reveals is discouraged.
3.
New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.
4.
Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
5.
Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
6.
Small wireless facilities shall be colored, painted or textured to match the adjacent building surfaces.
D.
Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
1.
Each strand-mounted facility shall not exceed four cubic feet in volume;
2.
Only one strand-mounted facility is permitted per cable between any two existing poles;
3.
The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater instance is technically necessary or is required by the pole owner for safety clearance;
4.
No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
5.
Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in pre-existing equipment cabinets;
6.
Pole-mounted equipment shall comply with the requirements of subsections (A) and (B) of this section;
7.
Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand and necessary limited strand to connect the radio and the antenna). Electrical power to strand-mounted facilities shall be served aerially from poles connected to an adjacent pole with existing electrical conduit. Wiring and cable connections to the SWF shall be securely lashed to the strand; and
8.
Strand-mounted facilities are prohibited on non-wooden poles, unless the existing pole has pre-existing communication wirelines.
E.
General Requirements.
1.
Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights- of-way are prohibited. Underground or ground-mounted equipment facilities shall not be allowed where an existing building or equipment cabinet is available for placement of the equipment or where such facilities would interfere with existing uses of public land, such as established sidewalks, walking trails, and other pedestrian areas.
2.
Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, city ordinance, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.
3.
Replacement poles shall be located as near as possible to the existing pole with the requirement to cooperate with the pole owner on removal of the abandoned pole.
4.
No signage, message or identification other than the manufacturer's identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum size necessary to comply with FCC or pole-owner requirements; provided, that signs are permitted as concealment element techniques where appropriate.
5.
Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
6.
Small wireless facilities are not permitted on the following types of poles: wooden decorative or pedestrian (shorter than 20 feet above ground level) light poles (for example, see Figures C and D in CHMC § 17.78.140).
7.
The preferred location of a small wireless facility on a pole is the location with the least visible impact.
8.
Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
9.
The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant.
(Ord. 969 § 3, 2020)
§ 17.78.080 New poles in the rights-of-way for small wireless facilities.
A.
New poles within the rights-of-way are only permitted if the applicant can establish that:
1.
The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights-of-way such as a public park, public property, water tower, public building, transmission tower or other site consistent with the locational requirements of CHMC § 17.78.030(D);
2.
The proposed small wireless facility receives approval for a concealment element design, as described in subsection (C) of this section; and
3.
The proposed small wireless facility also complies with SEPA, if applicable.
B.
An application for a new pole is subject to city administrator review and approval using the review process in CHMC § 17.78.060.
C.
The concealment element design shall include the design of the screening or other concealment technology for a pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections.
1.
The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. All new poles must be non-wooden light poles with all conduit, power, and backhaul located internally to the pole. The light standard needs to be consistent with the city's standard LED lights, match the neighborhood character and comply with the Dark Sky Society standards. The proposed pole should have similar designs to existing light poles in the rights-of-way, including similar height to the extent technically feasible, unless such poles are wooden poles. Applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to CHMC § 17.78.070.
2.
If the city administrator has already approved a concealment element design either for the applicant or another small wireless facility with the city then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards.
3.
New poles which do not serve any other purpose but to house a small wireless facility are prohibited.
D.
Even if an alternative location is established pursuant to subsection (A)(1) of this section, the city administrator may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city's comprehensive plan and the added benefits to the community.
E.
Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a lease agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles when the replacement is necessary for the installation or attachment of small cell facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the small cell facility is more than 60 feet.
F.
These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the street scape.
(Ord. 969 § 3, 2020)
§ 17.78.090 Permit requirements.
A.
The grantee of any permit shall comply with all of the requirements within the small wireless permit.
B.
Post-Construction As-Builts. Within 30 days after construction of the small wireless facility, the grantee shall provide the city with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.
C.
Permit Time Limit. Construction of the small wireless facility must be completed within 12 months after the approval date by the city. The grantee may request one extension to be limited to six months, if the applicant provides an explanation as to why the small wireless facility cannot be constructed within the original 12-month period.
D.
Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
E.
Operation. The grantee shall commence operation of the small wireless facility no later than six months after installation. The grantee may request one extension to be limited to six months if the applicant can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities.
(Ord. 969 § 3, 2020)
§ 17.78.100 Maintenance of small wireless facilities.
A.
If a grantee desires to make a modification to an existing small wireless facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a small wireless facility permit.
B.
A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original deployment of the small wireless facility, does not impact the structural integrity of the pole, and does not require pole replacement. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use permits and building permits may be required for such routine maintenance, repair or replacement.
(Ord. 969 § 3, 2020)
§ 17.78.110 Testing of small wireless facilities.
A.
Each grantee shall conduct tests, at the grantee's expense, necessary to establish the level of radio frequency radiation created by the small wireless facility. The purpose of this testing is to validate that the radio frequency radiation is in compliance with the FCC's regulations and standards.
B.
Each grantee shall test the small wireless facility location upon complete installation and first operation of the small wireless facility and shall provide the test results to the city.
C.
Grantee shall annually test its small wireless facilities as follows: for every five small wireless facilities installed within the city, grantee shall test one small wireless facility per year, rotating which small wireless facility it tests every year, so that every five years each small wireless facility has been tested. Grantee shall annually provide the test results to the city.
D.
Failure to comply with this section shall be a breach of the grantee's public place use permit.
E.
All such tests required by this section shall be performed and certified by a licensed electrical engineer, or by a person with equivalent capabilities approved by the city.
F.
If at any time a radio frequency radiation test shows that the radio frequency radiation emanating from a small wireless facility exceeds the standards established by the FCC, the grantee shall immediately notify the city and shall take any and all action to remediate the problem as is required by the FCC. The small wireless facility shall not be reconnected until the grantee demonstrates compliance with the FCC requirements.
(Ord. 969 § 3, 2020)
§ 17.78.120 Optional preapproved design process.
A.
The optional preapproved design process is a mechanism for applicants to receive preapproval of a small wireless facility design that deviates from the design standards but achieves an equal or better visual aesthetic.
1.
The applicant must apply to the city administrator for review of any proposed optional preapproved design.
2.
The city administrator commits to review, and make a decision upon, a proposed optional preapproved design within a reasonable period of time; provided, however, that any regulatory review time periods shall not apply because this is an optional process that occurs prior to the submission of an application.
3.
Applicants shall pay the city's actual costs for the review of the proposed optional preapproved design.
4.
Preapproved designs shall accomplish the intended visual aesthetic of the design standards for small wireless facilities, and deviations from the design standards of this chapter shall be the minimum necessary to support the small wireless facility function and visual aesthetic of the city.
5.
No preapproved designs shall result in a deployment that exceeds the size limitations for a small wireless facility as defined in 47 CFR 1.6002(l).
B.
As part of a request for the optional preapproved design process, the applicant must demonstrate the following:
1.
A small wireless facility cannot be constructed within the design standards of this chapter. In establishing this element, the applicant shall demonstrate by providing a technical or physical explanation as to why adherence to the provisions of this chapter prevents the applicant from constructing the proposed small wireless facility;
2.
The applicant must show that it has evaluated alternative designs that are compliant with the requirements of this chapter prior to requesting review of the optional preapproved design process; and
3.
The applicant must specifically identify which design requirements it is seeking a variance for and propose to the city administrator the alternative design or requirement for the small wireless facility. Pictures, drawings (to scale), maps and/or manufacturer's specifications, and other technical information shall be provided to demonstrate to the city administrator that deviating from the criteria of this chapter is necessary.
C.
Applications for a small wireless facility permit must comply with all other applicable laws and regulations.
(Ord. 969 § 3, 2020)
§ 17.78.130 Appeals.
Small wireless facilities permit decisions made by the city administrator are final decisions appealable to the King County superior court within 30 days of such decision.
(Ord. 969 § 3, 2020)
§ 17.78.140 Removal of abandoned small wireless facilities.
Any small wireless facility that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing the application for a continuous period of 12 months shall be considered abandoned. The owner of such abandoned small wireless facility shall remove the same within 90 days of receipt of a notice from the city notifying the owner of such abandonment. Whenever a facility is abandoned or ceases operation, the entire facility shall be removed, including, but not limited to, all antennas, antenna supports, feeder lines, base stations, and electronic equipment. In the alternative, and only upon consent of the city, the owner may dedicate the small wireless facility to the city. Failure to remove such an abandoned facility shall result in declaring the small wireless facility a public nuisance.
Figure A – Metal Pole – Antenna at Top. Equipment not shown here, but preference for equipment in base.  |
Figure B – Wooden Utility Pole  |
Figure C – Wooden Decorative Light Pole (Along 84th)  |
Figure D – Wooden Decorative Light Pole  |
(Ord. 969 § 3, 2020)
