Granite Falls City Zoning Code

Nothing in this chapter revises or diminishes the rights and obligations of an existing franchise.

The term "small cell deployment" shall include the deployment of small cell facilities, microcells and small cell networks as those terms are defined by RCW 80.36.375 or as otherwise defined by law. Small cell deployment elements which require SEPA review may utilize these processes only in conjunction with SEPA review.

The application shall provide:

Conduit and/or ground-mounted equipment 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 an infrastructure provider.

Detailed schematics and visual renderings of the facilities shall be provided by the applicant.

Failure to provide sufficient detail may result in a later finding of a significant change in the facility if significant elements of the facility were not shown on the originally approved franchise exhibit. Failure to include significant elements may also result in the requirement that new or undocumented elements complete the approval processes detailed in this chapter and in other applicable provisions of Granite Falls Municipal Code.

Up to 30 sites may be specified in one small cell permit application for processing. The designated official may approve up to five additional sites in order to consider small cell sites within one logical service area in one application.

Issuance of a small cell permit to install a small cell deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.

If more than one application for a small cell permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. All small cell permits which are submitted in conjunction with a franchise application shall be considered as one master permit. Any element of a deployment which qualifies as either an eligible facilities request or a collocation shall be specifically designated by the applicant and may be addressed separately by the designated official in order to comply with the shot clocks established by federal law and other applicable regulations.

The designated official may approve, deny or conditionally approve all or any portion of the sites proposed in the small cell permit application.

Any application for a franchise or small cell permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and other applicable regulations.

Radio Frequency (RF) Certification. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small cell deployment 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 cell facility and associated wireless backhaul will operate. An existing franchisee applying for a small cell permit for small cell deployment shall provide an RF certification for all facilities included in the deployment which are to be installed by the franchisee. If facilities necessary to the small cell deployment are to be provided by another franchisee, then the small cell deployment in the initial franchise or in a subsequent small cell permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. If facilities necessary to the small cell deployment are to be provided by another franchisee or in a subsequent small cell permit, the use permit to deploy such facilities shall be contingent on submittal of an RF certification by the other franchisee for such facilities, if such facilities will emit RF emissions; this RF certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements.

Regulatory Authorization. Issuance of the use permit for the facilities shall also be contingent upon the applicant's provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.

Completeness – Franchise and Small Cell Applications. The designated official or his/her designee shall review an application for completeness and notify the applicant within 30 days of submission whether the application is complete; provided, however, that an applicant may consent to a different completeness review period. A service provider may resubmit an incomplete application within 60 days of notice by the designated official. Failure to resubmit an application in a timely manner shall be deemed a withdrawal of that application. An applicant shall be notified in writing of the approval or denial of the application. No application shall be deemed complete without the fee deposit set by the designated official.

Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC 253 and 47 USC 332 and applicable case law. Applicants for franchises and the small cell permits which implement the franchise 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. Franchise and small cell permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.

Concealment for Small Cell. In any zone not designated for design review, upon application for a small cell permit or for facilities designated within a franchise, the city will permit small cell deployment on existing utility poles conforming to the city's generally applicable pole design standard adopted pursuant to city code or street and utility standards. Accordingly, small cell facilities installed pursuant to this concealment authorization may not be expanded pursuant to an eligible facilities request unless the designated official determines that such expansion does not defeat the concealment elements of the facilities as outlined in this chapter. The applicable design standards are as follows:

Ground-Mounted Equipment – ADA Compliance Required. In areas of the city where overhead utility lines have been undergrounded (undergrounded areas), in designated design zones and in other areas where necessary to permit full use of the public right-of-way by pedestrians, bicycles and other users, all ground-mounted equipment shall be undergrounded in a vault meeting the city's construction standards. The location of ground-mounted equipment (to the extent undergrounding such equipment is not technologically feasible), a replacement pole or street light shall comply with the Americans with Disabilities Act (ADA), city development standards, and state and federal regulations in order to provide a clear and safe passage within the public right-of-way. Ground-mounted equipment is also permitted on private property adjacent to the public right-of-way with a recorded easement or lease agreement.

Design Review. Small cell deployment, as well as certain new or replacement facilities, are subject to applicable administrative design review and other zoning code requirements as set forth in the Granite Falls Municipal Code.

Public Comment. The city shall provide notice of a complete application for a franchise on the city's website with a link to the franchise application. This notice requirement shall also apply to existing franchisees applying for a small cell permit for small cell deployment. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The city shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public's information and are neither hearings nor part of any land use appeal process.

The designated official shall review applications for a right-of-way permit for a small cell deployment approved by a franchise or described in a concurrent franchise application. Deviations of the plans submitted may be approved by the designated official if the dimensions or volume of small cell facilities do not exceed the cumulative total provided by the definition of a small cell or microcell facility in RCW 80.36.375 and concealment technologies referenced in the exhibits to the franchise or design standards. A deviation may be approved by the designated official in the following circumstances:

Right-of-way permits to install small cell facilities including approval of deviations shall be processed within 90 days of receipt of a complete application and final approval of a franchise, whichever occurs last. A right-of-way use permit for small cell deployment is a police power regulation adopted pursuant to RCW 35.99.040(2) and accordingly is not subject to the 30-day use permit issuance requirement contained in RCW 35.99.030(2).

The decision of the designated official to approve or deny a right-of-way permit for a small cell facility with a deviation, if any, shall be final and is not subject to appeal under city code or further legislative review.

Wireless communication facilities other than small cell deployment in the public right-of-way shall be reviewed pursuant to Chapter 19.23 GFMC.

Apply to amend the existing franchise to designate sites for small cell deployment, as well as approve the small cell facilities to be installed and the concealment measures to be utilized; and/or

Apply for a small cell permit which shall include:

The designated official shall review applications for small cell permits for small cell deployments approved by a franchise or described in a concurrent franchise application. The designated official may authorize minor deviations in the small cell permit from the dimensional design and concealment technologies referenced in the exhibits to the franchise or design standards.

A deviation in height of the pole of up to 10 feet above the height of the existing pole when required for separation established for the zoning district, by the franchise or from a design approved for a specially designated design zone, may be permitted.

Deviations in the dimensions or volume of small cell facilities which do not exceed the cumulative total provided by the definition of a small cell or microcell facility in RCW 80.36.375 may be considered a minor deviation when an applicant replaces components of an existing, approved small cell facility. Similarly, the addition of antennas on a pole, not to exceed a cumulative total of six cubic feet, shall be considered a minor deviation. Provided, however, that in each instance the new or revised facilities do not defeat the concealment features set by city's generally applicable pole design standard adopted pursuant to the franchise, or city code.

Small cell permits to install facilities including approval of minor deviations shall be processed within 90 days of receipt of a complete application and final approval of a franchise, whichever occurs last.

The decision of the designated official to approve a small cell permit with a minor deviation, if any, shall be final and is not subject to appeal under city code or further legislative review.

Satisfy applicable bulk requirements such as noise and light regulations.

Comply with adopted design and concealment standards, applicable to replacement utility poles and new utility poles in a design zone or undergrounded areas district.

Obtain the written approval of the owner of any utility pole for the installation of its facilities on such utility pole. Approval of a franchise does not authorize attachment to city-owned utility poles or other structures.

Unless specifically provided for in a franchise, obtain a lease from the city to utilize the city's ground space for the installation of any new pole, a replacement utility pole over 60 feet or to locate any new ground-based structure, base station or other attendant equipment on city right-of-way or city property.

Comply with all city construction standards and state and federal codes when operating in the right-of-way and obtain a required permit to enter the right-of-way.

A franchise which includes a facility which is not exempt from SEPA review shall be processed in the provisions of this chapter.

Small cell facilities approved pursuant to this chapter shall be considered as an outright permitted use when located within the right-of-way.

Application. The designated official shall prepare and make publicly available an application form which shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the designated official shall review such application to determine whether the application qualifies as an eligible facilities request.

Time Frame for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this chapter, the designated official shall approve the application unless it determines that the application is not covered by this section.

Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the designated official and the applicant or in cases where the designated official determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.

Replacement poles over 45 feet in height and new street lights for small cell facilities to be constructed in any undergrounded area or design zone are permitted only when the applicant establishes that:

Stealth Installation Plan Required. Applications for proposed installations in undergrounded areas and design zones which deviate from existing city design standards (or if the city has not created a design standard for that particular area) shall be required to submit a stealth installation plan. Such plan shall include the design of the screening, fencing or other concealment technology for a base station, tower, utility pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless facility, including but not limited to fiber and power connections.

Replacement Utility Pole – Street Lighting. With the designated official's approval, a replacement utility pole or a request for a new utility pole may be permitted in the form of a new street light. The design of the street light shall be consistent with the existing street lights, subject to the designated official's approval. All equipment and cabling shall be internal to the replacement street lighting standard. See examples below.

Undergrounded Areas. It is the stated policy of the city that all utilities shall be underground in areas that are currently undergrounded. No new utility poles shall be erected in undergrounded areas. The applicant may request to install a new street light as provided in applicable city code.

Franchise and Small Cell Deployment Facility Approvals and Processes. Approval of a franchise, right-of-way permit and/or other approval referenced in this chapter are conditioned on the following requirements: