Chapter 12.130
SMALL WIRELESS FACILITIES
Sections:
12.130.040 Small wireless facility permit application.
12.130.060 Facilities designated in the small wireless facility permit application.
12.130.080 Modifications to small wireless facilities.
12.130.110 Design and concealment standards for small wireless facility deployments.
12.130.010 Purpose.
The city and applicant for a small wireless facility permit 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 (FCC) regulations. FCC regulation provides safe harbor time periods as well as completeness requirements, which apply to all approvals relating to a small wireless facility deployment. Time limitations governing the process are triggered by the applicant’s submittal of applications for the deployment. Accordingly, all parts of an application for a master permit to deploy small wireless facilities must be considered in order to determine completeness. Furthermore, the purposes of this chapter are to:
A. Permit and manage reasonable access to the right-of-way of the city for small wireless facilities on a nondiscriminatory basis;
B. Establish clear and nondiscriminatory local guidelines, standards, and time frames which use federal guidelines for the exercise of local authority with respect to the regulation of right-of-way use;
C. Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions, and residents of the city;
D. Conserve the limited physical capacity of the public rights-of-way held in public trust by the city;
E. Ensure that the city’s current and ongoing costs of granting and regulating private accesses to and use of the public rights-of-way are fully paid by the persons seeking such access and causing such costs;
F. Ensure that all service providers maintaining facilities or providing services within the city comply with the ordinances, rules, and regulations of the city;
G. Ensure that the city can continue to fairly and responsibly protect the public health, safety, and welfare; and
H. Enable the city to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development. (Ord. 19-02 § 1 (part), 2019)
12.130.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended. Words not otherwise defined shall have their common and ordinary meaning:
A. “Applicant” means any person or corporation submitting an application for a small wireless facility permit.
B. “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or FCC-authorized communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:
1. Equipment associated with wireless communications services such as private, broadcast, and public safety services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).
3. Any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in subsections (B)(1) and (2) of this section that has been reviewed and approved under the applicable zoning or siting process or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
C. “City” means the city of Battle Ground, a municipal corporation of the state of Washington in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
D. “City council” means the present governing body of the city of Battle Ground or any future board constituting the legislative body of the city of Battle Ground.
E. “City property” means any real property owned by city, whether in fee or other ownership estate of interest.
F. “Collocation” means the location of WCF antenna(s) serving more than one wireless communication service provider on a single support structure or attachment support structure.
G. “Director” means the public works director, his or her designee, or other department head as the city manager may designate.
H. “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.
I. “Existing” means a constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for the purposes of this definition.
J. “Design zone” means the downtown commercial zone and any undergrounded area of the city.
K. “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.
L. “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.
M. “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.
N. “Grantor” means the city of Battle Ground acting through its city council.
O. “Light pole” means a pole owned by the city and used primarily for lighting streets, parking areas, parks or pedestrian paths.
P. “Overhead facilities” means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Q. “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.
R. “Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and streets but does not include:
1. State highways;
2. Land dedicated for road, streets, and highways not opened and not improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the State Parks and Recreation Commission; or
6. Federally granted railroad rights-of-way acquired under 43 USC 912 and related provisions of federal law that are not open for motor vehicle use.
S. “Service provider” is defined in accordance with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.
T. “Small wireless” and “small wireless facility” shall have the same meaning as a “small wireless facility” as set forth in 47 CFR 1.6002.
U. “State” means the state of Washington.
V. “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).
W. “Substantial change” means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
1. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;
2. It entails any excavation or deployment outside the current site;
3. It would defeat the concealment elements of the eligible support structure; or
4. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
X. “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 telecommunications service.
Y. “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.
Z. “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or FCC-authorized antennas and their associated facilities, including structures that are constructed for 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 and the associated site.
AA. “Underground facilities” means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
BB. “Utility facilities” means the plant, equipment, and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within rights-of-way and used or to be used for the purpose of providing utility services or telecommunications services including telecommunications facilities.
CC. “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.
DD. “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the state of Washington to the extent prescribed by law.
EE. “Wireline” means communications using conducted electromagnetic or optical emissions by, over, or within a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission. (Ord. 19-02 § 1 (part), 2019)
12.130.030 General process.
A. Application Process. The public works director is authorized to establish application forms to gather the information required by this chapter from applicants and to determine the completeness of the application process as provided herein.
1. Franchise. The process typically begins with and depends upon approval of a franchise, which follows the requirements of Chapter 12.125 BGMC, for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities are to be located in the right-of-way. The application for a franchise is designated as Part A of the application. An applicant with a valid franchise for the deployment of small wireless facilities in the city may proceed to apply for a small wireless facility permit and related approvals (Parts B and C). An applicant at its option may utilize phased development. Because franchises are required by federal law to be competitively neutral, the city has established a franchise format for use by all right-of-way users. The format contains the basic requirements for the use of right-of-way. Consideration of the franchise application is a legislative act of the city council. Consideration by the city council shall run parallel with other necessary administrative approvals and approval or possession of a franchise is a requirement for any small wireless facility deployment seeking to use the public right-of-way.
2. Small Wireless Facility Permits. Part B of the application process requires specification of all small wireless facility components and their sites. Each component shall be described in detail as provided in this chapter. Any request for deviation, whether minor or significant, from adopted city standards shall be set forth in the application.
3. Associated Permit(s). Part C of the application shall attach all applicable associated permits such as applications or checklists required under the critical areas, shorelines, or SEPA ordinances.
4. Construction in the Right-of-Way. Small wireless facilities installed pursuant to an approved master permit (both a franchise and a small wireless facility permit) or a small wireless facility permit approved separately for an existing franchisee may proceed to install the approved specific facilities; provided, that traffic control plans are addressed in the permit. In this case a small wireless permit functions as a right-of-way permit issued pursuant to Chapter 12.118 BGMC. The applicant may choose to get approval without traffic control plans. In this case the applicant will need to acquire a right-of-way permit pursuant to Chapter 12.118 BGMC prior to construction. In either case the insurance and surety requirements of Chapter 12.118 BGMC must be met prior to the beginning of construction.
5. Later Discovered Deviations. Recognizing that each utility pole represents a unique environment for the installation of small wireless facilities, if a deviation, whether minor or significant, is required from the standards of this chapter in order to install a small wireless facility on any structure, and such deviation was not approved as part of the master permit or small wireless facility permit process, an application shall be filed for the amendment of the initial small wireless facility permit. Administrative review of the request for deviation shall be processed as provided herein. Such an amended application shall be considered a new application and completeness, review and all time periods shall commence anew.
6. Leases. A wireless service provider who wishes to attach to any utility pole or other structure or building owned by the city shall include an application for a lease(s) or component of its application. The director is authorized to administer a lease review process, develop an application form and approve leases in the form approved for general use by the city council for any utility pole or other structure in the right-of-way, including a new utility pole or structure. The installation shall conform to the standards adopted in this chapter or with an approved minor deviation. Leases for the use of other public property, buildings, or facilities including any park land or facility shall be submitted to the city council for approval. Any approval identified in the initial application process shall be considered by the city council in conjunction with its consideration of the franchise. Applications submitted at later dates shall be considered by the director or the city council as provided herein under a separate review process.
B. Completeness. Any and all parts of an application for the deployment of small wireless facilities including but not limited to franchise, small wireless permits and all associated permits shall be submitted at one time in order that their completeness may be considered. An applicant seeking to phase deployment of a small wireless facilities system may identify the intended phasing in the franchise application process. Franchisees with a valid franchise to deploy small wireless facilities may apply for a small wireless facility permit for the deployment of initial or additional phases of a small wireless facility deployment at any time subject to the commencement of a new completeness review time period for permit processing.
C. Safe Harbors. The FCC in 27 CFR 1.6003 has established presumptively reasonable time periods for review of facilities for the deployment of small wireless facilities. The city shall make every reasonable effort consistent with any conflicting provisions of state or federal law, and the preservation of the city’s health, safety and aesthetic environment, to comply with these time periods to the fullest extent possible. (Ord. 19-02 § 1 (part), 2019)
12.130.040 Small wireless facility permit application.
Applications for a small wireless facility permit shall generally conform to the requirements of this section. The director is charged with administration of small wireless facility deployments. Phased development is permitted, and an applicant is encouraged to specify at least the initial small wireless deployment in its application.
The following information shall be provided by all applicants seeking to deploy small wireless facilities:
A. Completed Application. The application shall be that provided by the city and shall include specific locational information including GIS coordinates of all facilities for which approval is sought and specify whether and where small wireless facilities are to be located on existing utility poles including city-owned light standards (included in the definition of utility pole), or will utilize replacement utility poles, new poles, towers, and/or other structures. 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, as described in subsection E of this section, and visual renderings of facilities sought to be approved by small wireless facility permit shall be provided by the applicant. The applicant shall indicate if a facility is a collocation request on the application.
B. Associated Permit(s). If other permits are required, such as SEPA, critical areas, or shorelines, then a completed application meeting their requirements is necessary.
C. RF Certification. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless 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 wireless facility will operate. If facilities necessary to the small wireless facility deployment are to be provided by a third party, then the small wireless facility deployment in the initial franchise or in a subsequent small wireless facility permit shall be conditioned on an RF certification by the third party and the requirement that the third party obtain a franchise. If such facilities will emit RF emissions, this additional RF certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements. The applicant or grantee shall immediately remove any facilities that exceed FCC RF emissions requirements. A modification of the facility requires a new RF certification.
D. The applicant must show written approval of the owner of any pole or structure for the installation of its small cell 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. For city-owned poles or structures, the applicant must obtain a lease agreement from the city and the applicant must submit a partially executed site agreement or addendum on a form prepared by the city specific to the proposed pole locations.
E. Construction drawings submitted by the applicant shall depict all existing proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within two hundred fifty feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, hand holes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility.
F. Regulatory Authorization. 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. Applicable Fees. The applicant shall pay all fees pursuant to BGMC 12.130.130. (Ord. 19-02 § 1 (part), 2019)
12.130.050 Review process.
A. Review. The following provisions relate to review of applications for a small wireless facility permit for small wireless facility deployments:
1. In any zone, upon application for a small wireless facility permit, the city will permit small wireless facilities, which conform to the city’s generally applicable aesthetic, concealment, and design standards adopted pursuant to BGMC 12.130.110.
2. Review of Facilities. The provisions of 47 USC 253 and 332 and applicable regulatory and case law shall govern review of the site locations proposed by the applicant. Applicants for 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 shall be treated in a competitively neutral and nondiscriminatory manner. 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.
3. Issuance of a small wireless facility permit to install a small wireless facility deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.
B. Public Notice. The city shall provide notice of a complete application for a small wireless facility permit on the city’s website with a link to the application materials, which specify the site(s), and designs for which approval is sought. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. This notice is for the public’s information and is not part of any land use process, which is subject to a public hearing or appeal.
C. Approval. The director may approve, deny, or conditionally approve all or any number of the sites proposed in the small wireless facility permit application. (Ord. 19-02 § 1 (part), 2019)
12.130.060 Facilities designated in the small wireless facility permit application.
Small wireless facilities shall be approved by reference to exhibits in an approved permit. Approval of the small wireless facility permit shall be deemed to approve the site and the design of small wireless facilities set forth in the approved exhibits. This approval is limited to the specific location, facility, and design elements shown on the exhibits. Any element not shown on an exhibit must be approved by the governing review processes listed in this chapter. All facilities shall comply with the small wireless design and concealment standards adopted by the city in BGMC 12.130.110.
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 exhibits. Failure to include significant elements may also result in the requirement that new or undocumented elements complete the approval processes detailed in this chapter. (Ord. 19-02 § 1 (part), 2019)
12.130.070 Timelines.
Congress and the Federal Communications Commission (“FCC”) have, pursuant to the authority granted by 47 USC 253(c) and 332(a), required local governments to act on small wireless facility applications within a reasonable period of time and have established time periods which are presumptively reasonable or “shot clocks” for local review. The Washington State Legislature has also adopted similar limitations under the provisions of Chapter 35.99 RCW. Accordingly, the city adopts the following time limits for review of applications for small wireless facility permits and other approvals for service providers of telecommunication services.
A. Small Wireless Facilities That Will Collocate on an Existing Structure. Within sixty days of the date on which an applicant submits an application seeking approval under this chapter, the director shall approve the application unless he/she determines that the application does not meet the requirements of this chapter.
B. Small Wireless Facilities That Will Locate on a New Structure. Within ninety days of the date on which an applicant submits an application seeking approval under this chapter, the director shall approve the application unless he/she determines that the application does not meet the requirements of this chapter.
C. Small Wireless Facilities That Will Locate on New and Existing Structures. If the application contains a request to place multiple facilities on both existing and new structures then, within ninety days of the date on which an applicant submits an application seeking approval under this chapter, the director shall approve the application unless he/she determines that the application does not meet the requirements of this chapter.
D. Tolling of the Time Frame for Review. The sixty- or ninety-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the director and the applicant or in cases where the director determines that the application is incomplete. Tolling for incompleteness occurs as follows:
1. To toll the time frame for initial incompleteness, the director shall provide written notice to the applicant within ten days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. When such notification occurs in the ten-day time frame then the sixty- or ninety-day time frame to complete review resets at zero.
2. The time frame for review begins running again when the applicant makes supplemental submission in response to the director’s notice of incompleteness.
3. Following a supplemental submission, the director will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. When such notification occurs in the ten-day time frame then the sixty- or ninety-day time frame to complete review resets at zero. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
E. Failure to Act. In the event the director fails to approve or deny a request for a small wireless facility within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
F. Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction. (Ord. 19-02 § 1 (part), 2019)
12.130.080 Modifications to small wireless facilities.
A. If an applicant desires to make modification to small wireless facilities, 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 and does not impact the structural integrity of the pole. 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 facilities. A right-of-way permit, pursuant to Chapter 12.118 BGMC, will be required for such routine maintenance, repair, or replacement where there is any impact to pedestrian, bicycle, or vehicular traffic. (Ord. 19-02 § 1 (part), 2019)
12.130.090 Minor deviations.
A. The director may authorize minor deviations designated by the applicant in the small wireless facility permit from the dimensional design and concealment technologies referenced in the exhibits to the franchise or the city’s aesthetic, concealment, and design standards.
B. Deviations in the dimensions, height or volume of small wireless facilities which are necessary to conform the facilities to the requirements of the pole owner, provide adequate safety clearances or address similar technical issues may be approved as minor deviations; provided, that the deviations do not cause the facility to exceed the cumulative totals provided by the definition of a small wireless facility. Replacement of an existing, approved small wireless facility with facilities meeting the definition of a small wireless facility may be considered a minor deviation. Provided, however, that in each instance the new or revised facilities may not defeat the concealment features set by city’s generally applicable small wireless aesthetic, concealment, and design standards adopted pursuant to BGMC 12.130.110.
C. The decision of the director to approve a small wireless facility permit with a minor deviation, if any, shall be final and is not subject to appeal under city code or further legislative review. (Ord. 19-02 § 1 (part), 2019)
12.130.110 Design and concealment standards for small wireless facility deployments.
Small wireless facility deployments permitted in accordance with this chapter shall conform to the following design standards:
A. Small Wireless Facilities Attached to Nonwooden Poles. Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
1. Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the streetscape either by fully concealing the antennas and associated equipment fully within the pole or through a concealment element plan, which provides an equivalent or greater impact reduction. This requirement shall be applied in a manner which does not dictate the technology employed by the service provider nor unreasonably impair the technological performance of the equipment chosen by the service provider.
2. All conduit, cables, wires and fiber must be routed internally in the light 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.
3. 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 sixteen inches, measured at the top of the pole, unless the applicant can demonstrate that more space is 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.
4. 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.
5. The height of any replacement pole may not extend more than ten feet above the height of the existing pole or the minimum additional height necessary for adequate clearance from electrical wires, whichever is greater.
6. The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements, ADA requirements, and if a replacement light standard then with the city’s lighting requirements.
7. 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. 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 ten 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 ten 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 may 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.
4. 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.
5. Panel antennas shall not be mounted more than twelve inches from the surface of the wooden pole.
6. 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.
7. 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 sixteen 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 twelve 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.
8. 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.
9. 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.
10. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection D of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole, if such banners or road signs are allowed by the pole owner. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated wireless equipment on the utility pole, shall not exceed twenty-eight cubic feet in volume. The applicant is encouraged to place the equipment enclosure behind any banners or way signage that may be on the pole; provided, that the location does not interfere with the location of the signs or banners.
11. An applicant who desires to enclose its antennas and equipment within a unified enclosure may do so as long as the facility meets the definition of a small wireless under federal law. 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. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is technically required and confirmed in writing by the pole owner.
12. 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.
13. 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 unless retention of the pole is necessary to prevent an effective prohibition of service.
14. 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 conduit shall be minimized to the number technically necessary to accommodate the small wireless.
C. Small Wireless Facilities Attached to Existing Buildings. 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 conceals antennas may be used if it complements the architecture of the existing building.
4. Small wireless 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 painted and textured to match the adjacent building surfaces.
D. Small Wireless Facilities Mounted on Cables Strung between Existing Utility Poles. 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 three cubic feet in volume;
2. Only one strand-mounted facility is permitted per cable between any two existing poles on an existing cable;
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 distance 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 preexisting equipment cabinets;
6. Pole-mounted equipment shall comply with the requirements of subsections A and B of this section; and
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).
E. General Requirements. All small wireless facility deployments shall meet the following requirements:
1. Ground-mounted equipment in the right-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.
2. No equipment shall be operated so as to produce noise in violation of Chapter 9.42 BGMC.
3. 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 USC 362 and 332.
4. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way.
5. Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
6. 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, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment element techniques where appropriate.
7. 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.
8. Side arm mounts for antennas or equipment are prohibited.
9. The preferred location of a small wireless facility on a pole is the location with the least visible impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the building or pole upon which they are attached.
11. The city may consider the cumulative visual effects of small wireless 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 service provider.
12. 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.
F. New Poles in the Rights-of-Way for Small Wireless Facilities and Installations in a Design Zone. Small wireless facilities mounted on new poles and in design zones shall conform to the following standards:
1. New poles within the rights-of-way 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 wireless communications facility receives approval for a concealment element design, as described in subsection (F)(2) of this section;
c. The proposed wireless communications facility also complies with shoreline and SEPA, if applicable; and
d. No new poles shall be located in a critical area or associated buffer required by the city’s critical areas management ordinance (BGMC Title 18), except when determined to be exempt pursuant to said ordinance.
2. 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 wireless communications facility, including but not limited to fiber and power connections.
a. The concealment element design should seek to minimize the visual obtrusiveness of wireless communications facility installations. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including to the extent technically feasible similar height. 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 or otherwise integrated into the design of the structure. Use of a unified enclosure equal to or less than four cubic feet in volume may be permitted in meeting these criteria.
b. If the director has already approved a concealment element design either for the applicant or another wireless communications 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.
3. Even if an alternative location is established pursuant to this subsection, the administrative use permit process 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.
4. 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. This requirement also applies to replacement poles that are higher than the replaced pole, and the overall height of the replacement pole and the proposed wireless communications facility is more than sixty feet.
5. Installation of small wireless facilities in a design zone shall be permitted by an administrative approval of a concealment plan utilizing the design and concealment standards contained in this chapter, including subsections (F)(2) and (3) of this section.
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. 19-02 § 1 (part), 2019)
12.130.120 Maintenance.
A. All small wireless facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate small wireless facilities.
B. The site and the small wireless communications facility, including all landscaping, fencing and related transmission equipment, must be maintained at all times in a neat and clean manner and in accordance with all approved plans.
C. All graffiti on small wireless facilities must be removed at the sole expense of the permittee after notification by the city to the owner/operator of the small wireless facility.
D. If any FCC, state, or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the city, the permittee must inform the city of the revocation within thirty days of receiving notice of such revocation. (Ord. 19-02 § 1 (part), 2019)
12.130.130 Permit fees.
Prior to issuance of a small wireless facility permit, the permittee shall pay a permit fee in an amount as determined by the city council and adopted by resolution. (Ord. 19-02 § 1 (part), 2019)
12.130.140 Penalties.
Any person found violating, disobeying, omitting, neglecting, or refusing to comply with any of the provisions of this chapter shall be fined not less than two hundred fifty dollars nor more than seven hundred fifty dollars for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues. (Ord. 19-02 § 1 (part), 2019)
12.130.150 Other remedies.
Nothing in this chapter shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this chapter. (Ord. 19-02 § 1 (part), 2019)