Covington City Zoning Code
18.70A Small
Wireless Facilities
18.70A.010 Purpose.
The purposes of this chapter are to set forth regulations for the permitting, management, placement, development, and removal of small wireless facilities. Among the purposes included are to:
(1) Permit and manage reasonable access to the right-of-way of the City for communication purposes on a nondiscriminatory basis.
(2) Establish clear and nondiscriminatory local guidelines and standards which use Federal guidelines for the exercise of local authority with respect to the regulation of right-of-way use.
(3) Conserve the limited physical capacity of the public rights-of-way held in public trust by the City.
(4) Ensure that all service providers maintaining facilities or providing services within the City comply with the ordinances, rules, and regulations of the City.
(5) Ensure that the City can continue to fairly and responsibly protect the public health, safety, and welfare.
(6) Minimize potential adverse visual, aesthetic, and safety impacts of small wireless facilities.
(7) Encourage the design of such small wireless facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments where possible.
(8) Encourage the collocation or attachment of small wireless facilities on existing support structures to help minimize the total number and impact of such structures throughout the community. (Ord. 03-19 § 2 (Exh. A))
18.70A.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein. Words not otherwise defined shall have their common and ordinary meaning:
(1) “Antenna” means an apparatus designed for the purpose of emitting radio frequency (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.
(2) “Applicant” means any person or corporation submitting an application for a small wireless facility permit.
(3) “City property” means any real property owned by City, whether in fee or other ownership estate of interest.
(4) “Collocation” means (a) mounting or installing an antenna facility on a preexisting structure, and/or (b) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
(5) “Director” means the Community Development Director or his/her designee.
(6) “FCC” or “Federal Communications Commission” means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
(7) “Franchise” or “franchise agreement” is a contract by which a grantee is allowed to use City right-of-way for the purpose of carrying on the business in which it is generally engaged, including furnishing service to members of the public.
(8) “Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the Council under this chapter and the lawful successor, transferee or assignee of such person, firm or corporation.
(9) “Light pole” means a pole used primarily for lighting streets, parking areas, parks or pedestrian paths.
(10) “Pedestrian pole” means a pole that is less than 19 feet in height as measured from the ground.
(11) “Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and streets but does not include:
(a) State highways;
(b) Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;
(c) Structures, including poles and conduits, located within the right-of-way;
(d) Federally granted trust lands or Forest Board trust lands;
(e) Lands owned or managed by the State Parks and Recreation Commission; or
(f) Federally granted railroad rights-of-way acquired under 43 U.S.C. 912 and related provisions of Federal law that are not open for motor vehicle use.
(12) “Service provider” is defined consistently with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of telecommunication services.
(13) “Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless facility” as set forth in 47 CFR 1.6002.
(14) “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 telecommunications service (whether on its own or commingled with other types of services).
(15) “Telecommunications facilities” means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or wireless telecommunications service.
(16) “Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.
(17) “Traffic signal poles” means a pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers.
(18) “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.
(19) “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
(20) “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.
(21) “Wireline” means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission. (Ord. 03-19 § 2 (Exh. A))
18.70A.030 General provisions.
(1) Small wireless facilities shall not be considered nor regulated as essential public facilities.
(2) Small wireless facilities located outside of the public rights-of-way may be either a primary or a secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a small wireless facility.
(3) No person may place, construct, or modify a wireless communication facility subject to this chapter without first obtaining the required permit(s), issued in accordance with this chapter.
(4) Small wireless communication facilities that are governed under this chapter shall not be eligible for variances under CMC 18.125.030, development conditions under CMC 18.30.030(B)(4), or exceptions to height limits under CMC 18.30.210. Any request to deviate from this chapter shall be based on the modifications set forth in this chapter. (Ord. 03-19 § 2 (Exh. A))
18.70A.040 Application requirements for small wireless facilities.
(1) Any application for a small wireless facility both inside and outside of the right-of-way shall comply with the following application requirements for a small wireless facility permit described in this chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to Chapter 12.65 CMC.
(2) Consistent with CMC 18.70A.080, all permits, leases, and right-of-way use authorizations necessary for the deployment of small wireless facilities, and if applicable an application for franchise, shall be consolidated for review and a decision rendered to the full extent feasible consistent with the time frames established within Federal and State law.
(3) In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Covington has adopted this administrative process for the deployment of small wireless facilities. The City and applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission regulations. A franchise for the use of the City’s right-of-way is a contract which requires approval by the City Council. The small wireless permits and any other land use or other permit application submitted pursuant to this chapter shall be reviewed and issued by the Director. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise.
(4) The Director is authorized to establish franchise 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.
(a) Franchise. The process typically begins with and depends upon approval of a franchise 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. An applicant with a franchise for the deployment of small wireless facilities in the City may proceed to directly apply for a small wireless facility permit and related approvals. An applicant at its option may utilize phased development.
(b) 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 subsection (5) of this section. Prior to the issuance of a small wireless facility permit, the applicant shall pay a permit fee in an amount as determined by the City Council and adopted by resolution, or the actual costs incurred by the City in reviewing such permit application.
(c) Associated Permit(s). The applicant shall attach all associated permits requirements such as applications or checklists required under the critical areas, shoreline or SEPA ordinances. Applications for deployment of small wireless facilities in City design zones or for new poles shall comply with the requirements in CMC 18.70A.110.
(d) Leases. An applicant who desires to attach a small wireless facility to any utility pole within the rights-of-way and owned by the City shall include an application for a lease as a component of its application. The City Council authorizes the Director to approve leases for small wireless facilities for City-owned light poles located in the right-of-way. Leases for the use of other public property, structures or facilities shall be submitted to the City Council for approval.
(5) The following information shall be provided by all applicants for a small wireless permit:
(a) 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 visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify:
(i) The location of overhead and underground public utility, telecommunication, cable, water, adjacent lighting, sewer, drainage and other lines and equipment within 50 feet of the proposed project area (for which the 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 from the proposed project area.
(ii) The specific trees, structures, improvements, 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.
(iii) 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 that 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.
(iv) If the site location includes a replacement light pole that is located five feet or more from the existing light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk within 150 feet of the existing light.
(v) Compliance with the aesthetic requirements of CMC 18.70A.100.
(b) 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. To extent that the pole or structure is not owned by the applicant, the applicant shall demonstrate in writing that they have authority from the pole owner to install the small wireless facility on the 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 pole owner and the applicant is not required. If the proposed small wireless facility is not within the rights-of-way, the applicant must provide written approval from the property owner. 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.
(c) 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.
(d) 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 16.10 CMC. Further, any application proposing small wireless facilities in shoreline management zones (pursuant to Chapter 16.05 CMC) or in critical areas (pursuant to Chapter 18.65 CMC) must indicate that the application is exempt or comply with the review processes in such codes.
(e) 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. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch.
(f) 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.
(g) A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small cell facilities and the antenna support structure or pole and foundation are designed to reasonably withstand wind and seismic loads.
(h) Applicant materials required for a right-of-way construction permit.
(i) Proof of a valid Covington business license.
(j) Recognizing that small wireless facility technology is rapidly evolving, the Director 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.
(k) Such other information as the Director, in his/her discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering, and aesthetic considerations. (Ord. 03-19 § 2 (Exh. A))
18.70A.050 Review process.
(1) Review. The following provisions relate to review of applications for a small wireless facility permit:
(a) The City will review the permit application to determine compliance with this chapter.
(b) Vertical clearance shall be reviewed by the Director to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
(c) 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.
(d) No equipment shall be operated so as to produce noise in violation of Chapter 8.20 CMC.
(e) 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.
(2) Independent Third-Party Review. The City may, at its discretion, contract with an independent engineering and technical review consultant to review the land use or other permit application. The applicant shall be responsible for actual costs charged by the consultant, in addition to any actual costs incurred by the City’s review. Based on the results of the independent technical review, the City may require changes or request additional information to complete the application review. The technical review shall address the following:
(a) The accuracy and completeness of the application;
(b) The applicability of analysis techniques and methodologies;
(c) The validity of conclusions reached;
(d) The viability of other sites in the City for the use intended by the applicant; and
(e) Any specific engineering or technical issues designated by the City.
(3) Final Review. Small wireless facility permits on existing or replacement structures will be reviewed and approved or denied as a Type 1 decision. Small wireless facility permits for new structures in the rights-of-way or for structures in design zones are subject to review and approval as a Type 2 decision and consistent with the requirements in CMC 18.70A.110.
(4) Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in CMC 18.70.095 when the modification does not defeat the concealment elements of the small wireless facility.
(5) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. 253 and 332 and other applicable statutes, regulations and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(6) Withdrawal. Any applicant may withdraw an application submitted pursuant to CMC 18.70A.040 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 Director’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 Director’s decision, there shall be no refund of all or any portion of such fee.
(7) Supplemental Information. Failure of an applicant to provide supplemental application information as requested by the Director within 60 days of notice by the Director shall be deemed a denial of that application, unless an extension period has been approved by the Director. (Ord. 03-19 § 2 (Exh. A))
18.70A.060 Permit requirements.
(1) Compliance. The grantee of any permit shall comply with all of the requirements within the small wireless permit.
(2) 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.
(3) Permit Time Limit. Construction of the small wireless facility must be completed within six months after the approval date by the City. The grantee may request one extension to be limited to three months, if the applicant cannot construct the small wireless facility within the original six-month period.
(4) 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.
(5) Operational Activity. The grantee shall commence operation of the small wireless facility no later than three months after installation, unless the City and applicant agree to extend this period, or delay is caused by the lack of commercial power, communications facilities or other events outside of the reasonable control of the wireless provider. (Ord. 03-19 § 2 (Exh. A))
18.70A.070 Modifications to small wireless facilities.
(1) 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.
(2) A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility, 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 construction permits or a building permit may be required for such routine maintenance, repair or replacement consistent with Chapter 12.65 CMC. (Ord. 03-19 § 2 (Exh. A))
18.70A.080 Consolidated permit.
(1) The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the Public Works and the Development Services Departments. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit, and the issuance of a small wireless facility permit shall be governed by the time limits established by Federal law for small wireless facilities.
(2) General standards applicable to the use of the rights-of-way described in Chapter 12.65 CMC shall apply to all small wireless facility permits. (Ord. 03-19 § 2 (Exh. A))
18.70A.090 Design zones and pedestrian poles.
(1) The following area is designated as a design zone for the purpose of siting small wireless facilities: any area inside the downtown boundary pursuant to Chapter 18.31 CMC.
(2) Any applicant who desires to place a small wireless facility in a design zone must first establish that the applicant cannot locate the small wireless facility outside of the design zone. Applications for small wireless facilities in a design zone may be approved if the applicant demonstrates that due to technical infeasibility the applicant cannot locate the proposed small wireless facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design zone.
(3) Small wireless facilities within the design zone may not be placed on pedestrian poles.
(4) Applications for small wireless facilities within design zones must receive a Type 2 decision and must comply with a concealment element design described in CMC 18.70A.110.
(5) The City desires to discourage the use of pedestrian poles. Applications for small wireless facilities attached to a pedestrian pole must comply with CMC 18.70A.110. (Ord. 03-19 § 2 (Exh. A))
18.70A.100 Design and concealment standards for small wireless facilities.
Small wireless facility deployments permitted inside or outside the right-of way shall conform to the following design standards:
(1) Small wireless facilities attached to existing or replacement non-wooden light poles and other non-wooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:
(a) Upon adoption of a City standard small wireless facility pole design(s) within the Design and Construction Standards, an applicant is encouraged to 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 adopted in this subsection (1).
(b) The applicant shall minimize to the extent possible the antenna and equipment space and shall use the smallest amount of enclosure possible to fit the necessary equipment. The antennas and equipment shall be located using one of the following methods:
(i) Concealed completely within the pole or pole base. Antennas and 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.
(ii) Located on a pole. If located on a pole, antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) must be camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning for antennas no more than 12 inches off of the pole and for associated equipment no more than six inches off the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. The equipment enclosure and all other wireless equipment associated with the pole (including but not limited to conduit), including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required 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. 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. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the pole.
(iii) 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 requirements if located within an existing pedestrian access route.
(iv) On private property. If located on private property, the applicant shall submit a copy of an executed easement or lease agreement with the private property owner prior to the small wireless facility permit issuance.
(c) 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.
(d) All conduit, cables, wires and fiber must be routed internally in the non-wooden pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.
(e) 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 needed. 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 except for canister antennas which shall not require screening. 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.
(f) 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. Any replacement pole shall be placed as close to the original pole as possible, but no more than five feet from the existing pole location.
(g) The height of any replacement pole may not extend more than six feet above the height of the existing pole or the minimum additional height technically necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height.
(h) 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 20 inches measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(d) of this section.
(i) 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.
(2) Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria:
(a) 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.
(b) 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.
(c) Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City.
(d) 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.
(e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(f) 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.
(g) A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(a) 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.
(h) The furthest point of any antenna or equipment enclosure may not extend more than 24 inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
(i) An omnidirectional 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.
(j) All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
(k) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (5)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. 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.
(l) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed more than 12 inches from the surface of the pole. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs.
(m) 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.
(n) 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.
(o) The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole.
(p) 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 facility.
(3) Small wireless facilities attached to existing buildings shall conform to the following design criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) 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.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
(e) 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.
(f) Small wireless facilities shall be colored, painted and textured to match the adjacent building surfaces.
(g) Small wireless facilities must meet the height requirement of the underlying zoning district.
(h) Feed lines and coaxial cables shall be located below the parapet of the rooftop.
(i) If a cabinet enclosure cannot be located within the building where the wireless communication facilities will be located, then the City’s first preference is for the wireless telecommunication carrier to locate the equipment on the roof of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, the proposed screening must be consistent with the existing building in terms of color, design, architectural style, and material. If the cabinet equipment cannot be located on the roof or within the building then it shall be located underground consistent with subsection (5)(a) of this section.
(4) Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
(a) Each strand-mounted facility shall not exceed three cubic feet in volume;
(b) Only one strand-mounted facility is permitted between any two existing poles;
(c) 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 distance is technically necessary or is required by the pole owner for safety clearance;
(d) No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
(e) Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets;
(f) Pole-mounted equipment shall comply with the requirements of subsections (1) and (2) of this section;
(g) 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
(h) Strand-mounted facilities are only permitted on poles that have existing overhead wirelines.
(5) General Requirements.
(a) 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.
(b) No equipment shall be operated so as to produce noise in violation of Chapter 8.20 CMC.
(c) Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 U.S.C. 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, City ordinances, 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.
(e) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
(f) 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 amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs are permitted as concealment element techniques where appropriate.
(g) 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.
(h) Side arm mounts for antennas or equipment must be the minimum extension necessary and may not create a gap of more than 12 inches for wooden poles and no more than six inches for non-wooden poles between the pole and the antennas or equipment.
(i) The preferred location of a small wireless facility on a pole is the location with the least visible impact.
(j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
(k) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones.
(l) 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.
(m) 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 from negative visual impacts to the streetscape. (Ord. 03-19 § 2 (Exh. A))
18.70A.110 New poles for small wireless facilities and installations in a design zone or on pedestrian poles.
(1) New poles for small wireless facilities, installations of small wireless facilities in a design zone, or placement on a pedestrian pole in the rights-of-way in a nonresidential zone are only permitted if the applicant can establish that:
(a) 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, building, transmission tower or in or on a nonresidential use in a residential zone whether by roof or panel-mount or separate structure;
(b) The proposed small wireless facility complies with the applicable requirements of CMC 18.70A.100(E);
(c) The proposed small wireless facility receives approval for a concealment element design, as described in subsection (3) of this section;
(d) The proposed small wireless facility also complies with Shoreline Management Act, and SEPA, if applicable; and
(e) No new poles shall be located in a critical area or associated buffer required by Chapter 18.65 CMC, except when determined to be exempt pursuant to Chapter 18.65 CMC.
(2) If the proposed small wireless facility is for placement on a pedestrian pole within the rights-of-way of a residential zone, the applicant must establish that placement of the small wireless facility on an existing or replacement pole located on an arterial or collector street is technically infeasible. Upon such demonstration by the applicant, the applicant is encouraged to place the small wireless facility at a corner and shall utilize a concealment element design as described in subsection (3) of this section.
(3) The concealment element design shall include the design of the screening, fencing or other concealment technology for a tower, 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.
(a) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design zone, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Development Services Department otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture – or the appearance thereof – as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure. Further, applicant designs should, to the extent technically and physically possible, comply with the generally applicable design standards adopted pursuant to subsection (4) of this section.
(b) If the Director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, 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.
(4) Even if an alternative location is established pursuant to subsection (1)(a) of this section, the Director 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.
(5) 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 site-specific agreement from the City to locate such new pole or ground-mounted equipment. The requirement also applies to the placement of replacement poles when the replacement is necessary for the installation or attachment of the small wireless facility, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than 60 feet.
(6) 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 streetscape. (Ord. 03-19 § 2 (Exh. A))
18.70A.120 Appeals.
Small wireless facilities permit decisions, including any Type 2 decisions, made by the Director are final decisions appealable to the King County Superior Court. The timely filing of an appeal of a small wireless facility permit decision shall stay the effective date of the decision until such time as the appeal is concluded or withdrawn. (Ord. 03-19 § 2 (Exh. A))
18.70A.130 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 wireless telecommunication carrier of such abandoned small wireless facility shall remove the same within 90 days of receipt of a notice from the City notifying the owner or operator 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, electronic equipment, and the pole upon which the small wireless facility is located, unless the City determines that such pole shall remain. Failure to remove such an abandoned facility shall result in declaring the small wireless facility a public nuisance. If there are two or more users of a single pole, then this section shall not become effective until all users cease using the pole. (Ord. 03-19 § 2 (Exh. A))