Chapter 14.32
SMALL WIRELESS COMMUNICATION FACILITIES (SWCFS)
Sections:
14.32.050 Abandoned or discontinued use of a small wireless communication facility.
14.32.080 Facilities designated in the small wireless facility permit application.
14.32.090 Timelines and costs.
14.32.100 Modifications to small wireless communication facilities.
14.32.130 Development standards for attached (rooftop) wireless communication facilities.
14.32.140 Administrative deviations—Variances from standards.
14.32.010 Title—Purpose.
A. Title. This chapter shall be entitled “Small Wireless Communication Facilities (SWCFs).”
B. Purpose. The purpose of this chapter is to establish appropriate locations, site development standards, and permit requirements for small wireless communication facilities (SWCFs) and services within the Centralia city limits, in a manner that facilitates location of various types of SWCFs in permitted locations so they are consistent with the character of the city. The requirements of this chapter integrate design requirements of this title to:
1. Ensure compatibility of proposed facilities with surrounding areas by establishing standards for aesthetics, concealment, location, height, structural integrity, design review, landscaping, and visual screening;
2. Sustain the peaceful character of the city by establishing standards to reduce the potential of SWCFs to produce disruptive noise, vibrations, or illumination; and to assist in the identification of potential sources of interference with existing telephone, radio, television, or electronic computing systems currently in use in the area;
3. Strongly encourage the multi-carrier of SWCFs when feasible on new and existing sites;
4. Effectively manage SWCFs in the right-of-way;
5. Provide effective design criteria; and
6. Provide incentives and other inducements to utilize co-location and camouflage design techniques for SWCFs, thereby lessening adverse visual impacts of these facilities on commercial and residential areas and natural surroundings.
This chapter is intended to provide for the managed development, installation, maintenance, and removal of SWCFs for the communications needs of residents, businesses, and visitors while protecting the public health, safety, and general welfare of the community, and minimizing the visibility of SWCFs, consistent with applicable law. (Ord. 2449 § 1 (part), 2020).
14.32.020 Definitions.
For the purpose of this title, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
A. “Accessory equipment” means any equipment serving or being used in conjunction with a wireless communication facility as defined herein, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures.
B. “Antenna” means the specific device used for the purpose of collecting or transmitting electromagnetic waves. Antennas include but are not limited to directional antennas (such as panels, microwave dishes, and satellite dishes) and omnidirectional antennas (such as whip antennas and vertical antennas).
C. “Attached wireless communication facility” is a wireless communication facility that is affixed to an existing structure other than a wireless communication support structure. Examples of attached wireless communication facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures.
D. “Attached wireless facilities” are those affixed to a structure except optical fiber, wires, coaxial cable, and the mounting hardware used to attach optical fiber, wires, and coaxial cable. Examples of attached facilities include but are not limited to antennas, telephone boxes, power boxes, and other equipment boxes and cabinets on structures located on the ground.
E. “Base station” means the structure or equipment at a fixed location that enables wireless communications, licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a wireless communication tower as defined in this title or any equipment associated with a wireless communication tower.
F. “Cable Act” means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended.
G. “Cable facilities” means equipment and wiring used to transmit audio and video signals to subscribers.
H. “Cable operator” means a service provider providing or offering to provide “cable television service” within the city as that term is defined in the Cable Act.
I. “Camouflage,” “concealment” or “camouflage design techniques” means that a small wireless communication facility is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of wireless communication facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A small wireless communication facility site utilizes camouflage design techniques when it (1) is integrated into an outdoor fixture such as a flagpole, or (2) uses a design which mimics and is consistent with the nearby natural or architectural features, or (3) is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it), or replaces existing permitted facilities (including, without limitation, freestanding light standards) so that the presence of the small wireless communication facility is minimized or not readily apparent.
J. “City” means the city of Centralia, Washington.
K. “City property” means and includes all real property owned by the city, other than rights-of-way and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the city, which is not subject to right-of-way licensing and franchising.
L. “Council” means the city council of the city of Centralia, Washington, acting in its official capacity.
M. “Development guidelines” means the most current version of the city of Centralia’s development guidelines and public works standards.
N. “Director” means the public works director.
O. “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, or wars.
P. “Equipment concealed” means, whenever technically feasible, antennas, cabling, and equipment shall be fully concealed within a pole, or otherwise camouflaged to appear to be an integrated part of a pole.
Q. “Equipment shelter or cabinet” means a room, cabinet, or building, the sole or primary purpose of which is used to house equipment for utility or service providers.
R. “Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhole, or other utility facilities within the public way that is or will be available for use for additional facilities.
S. “Facilities” means any and all equipment, structures, materials or tangible components located in the rights-of-way and used to provide a service, including without limitation: all plants, whether inside or outside, fiber strands or optic lines, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, antennas of any type, lines, termination equipment, pipes, poles, ducts, mains, conduits, inner ducts, regenerators, repeaters, underground lines, vaults, manholes, pull boxes, splice closures, wires and cables, and all other like equipment, fixtures, and appurtenances used in connection with transmitting, receiving, distributing, offering, and/or providing such service. Facilities shall also include, as the context dictates, wireless telecommunication facilities, and appliances necessary or incidental to the distribution, and use of telecommunications services as defined herein.
T. “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to implement and enforce federal communications laws and regulations.
U. “Fiber optics” means the facilities that utilize the technology of guiding and projecting light for use as a communications medium.
V. “Height” means the maximum height of the small cell facility, including antenna, above the established grade measured at the base of the structure.
W. “Macro wireless telecommunication facility” means telecommunication towers, poles or similar structures greater than fifty feet in height, including accessory equipment such as transmitters, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, as well as support structures, equipment buildings, and parking areas.
X. “Micro wireless facility” means a small wireless facility that is no larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length. This is a strand-mounted facility.
Y. “Minor communication utility” means a utility use in which the means for transfer of information are provided but which generally do not have significant impacts beyond the immediate area. These facilities are smaller in size than major communication utilities and include phone cable vaults; two-way, land, mobile, and cellular communications facilities; cable TV facilities; point-to-point microwave dishes; FM translators; and FM boosters with less than ten watts’ transmitting power. Small wireless facilities are considered minor communication utilities where that term is used in the Centralia Municipal Code.
Z. “Multi-user facility” or “multi-carrier” means a facility that is designed to accommodate two or more service providers.
AA. “Overhead facilities” means utility poles, utility facilities, and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities (overhead facilities are a subset of “facilities” as defined in this section).
BB. “Pedestrian light poles” means a pole that illuminates the sidewalk and is generally less than eighteen feet tall, measured from ground level. Poles that include both pedestrian and street lighting are not considered to be “pedestrian light poles” for the purpose of this definition.
CC. “Person” means and includes corporations, companies, associations, firms, and individuals.
DD. “Pole” means either a city-owned pole or a privately owned pole.
EE. “Pole, city-owned” or “city-owned pole” means a pole owned in whole or in part by the city.
FF. “Pole, privately owned” or “privately owned pole” means a pole owned in whole by a non-city entity, including other structures used to support wireline or wireless attachments.
GG. “Public improvements” means any item placed or constructed in public rights-of-way intended for public use including, but not limited to: roadways, streets, alleys, sidewalks, curbs, gutters, trails, crosswalk or other traffic markings or traffic structures, utilities (water, sanitary sewer, or storm sewer) either owned by or dedicated to the city, or over which the city has or there is recorded a public easement, any private access either owned or dedicated to the city, parking lots, or landscaping, whether privately or publicly owned or maintained, unless otherwise specifically exempted within this chapter.
HH. “Public right-of-way” or “right-of-way” or “rights-of-way” or “ROW” as per RCW 35.99.010(5) means land acquired or dedicated for public roads and streets, but does not include:
1. State highways;
2. Land dedicated for roads, 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 Washington State; 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.
II. “Small wireless communication facility (SWCF)” or “small cell wireless facility” or “small wireless” shall have the same meaning as a “small wireless facility” as set forth in 47 CFR 1.6002.
JJ. “State” means the state of Washington.
KK. “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 definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this title, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.
LL. “Transmission equipment” means any 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.
MM. “Underground facilities” means utility facilities located under the surface of the ground and drops running from these facilities directly to structures, excluding the underground foundations or supports for overhead facilities.
NN. “Utility easement” means any easement owned by the city and acquired, established, dedicated, or devoted for utility purposes not inconsistent with facilities.
OO. “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 the rights-of-way and used or to be used to provide utility or telecommunications service.
PP. “Wireless communications facility” or “WCF” shall mean a facility used to provide personal wireless services as defined at 47 USC 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the code. A WFC includes an antenna or antennas, base stations, support equipment, alternative tower structures, and towers. The term does not include mobile transmitting devices used by wireless service subscribers, such as a vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this title. (Ord. 2449 § 1 (part), 2020).
14.32.030 Compliance.
A. Compliance with Applicable Law. Notwithstanding the approval of an application for new SWCFs or for the multi-carrier location as described in this chapter, all work done pursuant to SWCF applications must be completed per all applicable building, structural, electrical, and safety requirements as outlined in this title and any other applicable local, state, or federal laws and regulations. In addition, all SWCF applications shall comply with the following:
1. Comply with any permit or license issued by a local, state or federal agency including the FCC with the jurisdiction of the SWCF; and
2. Be maintained in good working condition and to the standards established at the time of application approval. (Ord. 2449 § 1 (part), 2020).
14.32.040 Maintenance.
A. All small wireless facilities must comply with all standards and regulations of the FCC and any other local, state, or federal government agency with the authority to regulate small wireless communication 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. Poles and equipment facilities shall be designed and constructed to deter graffiti and vandalism. The permittee will be responsible to remove all graffiti and vandalism within forty-eight hours of contact from the city.
D. If any FCC, state of Washington, 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. 2449 § 1 (part), 2020).
14.32.050 Abandoned or discontinued use of a small wireless communication facility.
A small wireless community facility may be determined to be abandoned for discontinued use or if the facility falls into disrepair or noncompliance due to neglect of maintenance.
A. Abandonment Due to Discontinued Use.
1. The owner and/or operator of a wireless communication facility shall notify the city in writing when an SWCF will be abandoned or otherwise removed from service if no replacement or upgrade is planned for the site.
2. An SWCF shall be determined to be abandoned if the use of the facility is discontinued for a period of twelve months or when the site has discontinuance of electrical power for more than sixty days.
3. In the event two or more wireless communication service providers are co-located on a freestanding SWCF support structure, the facility shall not be considered abandoned due to discontinued use unless all users cease the use of the facility.
B. Abandonment Due to Disrepair or Noncompliance. In the event an SWCF falls into disrepair or noncompliance due to neglect of maintenance, the facility shall be determined to be abandoned if repairs are not effected to restore compliance within thirty days after notice of noncompliance from the city. Failure to comply within thirty days shall result in expiration by limitation of prior approvals for the facility.
C. Expiration of Prior Approvals. Failure of an SWCF owner or operator to reestablish the use of an SWCF within a twelve-month period due to discontinuance, or failure of an SWCF owner to effect repairs to restore compliance within thirty days after notice of noncompliance due to disrepair or neglect of maintenance, shall result in expiration of all prior approvals for the facility by the city. Any proposal to reestablish an SWCF facility after such expiration shall be treated as a new application subject to reviews, approvals, and fees required by this code.
D. Liability for Noncompliance. No time period stated in this title shall relieve the owner of an SWCF from the responsibility to maintain a facility safely and in accordance with all applicable laws and regulations.
E. Responsibility of the Owner of SWCF Equipment. The owner of the SWCF retains ultimate responsibility for care and custody of the SWCF premises including all equipment, support structures, and appurtenances. The owner of the SWCF may be required in cases of abandonment to remove unused or noncomplying facilities. (Ord. 2449 § 1 (part), 2020).
14.32.060 General process.
A. Submittal Requirements. The public works director shall specify submittal requirements, including type, detail, and standards for an application to be complete. The public works director in consultation with the community development director and city engineer may require additional material such as maps, studies, or photographic simulations when the director determines such material is needed to adequately assess the proposed project.
B. Waivers of Submittal Requirements. The public works director in consultation with the community development director and city engineer may waive specific submittal requirements determined to be unnecessary for review of an application. Requests for waivers from any submittal requirement shall be made in writing to the director. The public works director in consultation with the community development director and city engineer may grant or deny a request for a waiver pursuant to this subsection. The director may grant a request for a waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly tailored to minimize deviation from the requirements of the city code.
C. Notice of Incompleteness. For SWCF permits, applications will be processed, and notices of incompleteness provided, in conformity with local, state, and federal law. If such an application is incomplete, it may be rejected by the director by notifying the applicant and identifying the material omitted from the application.
D. 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 the approval of a franchise, which follows the requirements 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.
2. Small Wireless Communication Facility Permits. The application process requires the specification of all small wireless facility components and their sites. Each component shall be described in detail. Any request for deviation, whether minor or significant, from adopted city standards shall be outlined in the application.
3. Associated Permit(s). The application shall attach all applicable associated permits.
4. Right-of-Way Permit. The applicant will need to acquire and have an approved right-of-way permit before any construction takes place within a right-of-way area.
5. Pole Attachment Agreement or Lease. A wireless service provider who wishes to attach to any city-owned pole, building, or other structure shall include an application for an agreement or lease as a component of its SWCF permit or application. Leases for the use of other public property, buildings, or facilities including any parkland shall be submitted to the city council for approval. Applications submitted at later dates shall be considered by the director or the city council as provided herein under a separate review process.
6. Later Discovered Deviations. Recognizing that each city-owned pole represents a unique environment for the installation of small wireless communication facilities, if a deviation, whether minor or significant, is required from the standards of this chapter in order to install a small wireless communication facility on any structure, and such deviation was not approved as part of the SWCF process, an application shall be filed for the amendment of the initial SWCF permit. An 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.
E. Completeness. Any and all parts of an application for the deployment of small wireless communication facilities including but not limited to a franchise, SWCF permits, and all associated permits shall be submitted at one time so 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 application process. Franchisees with a valid franchise to deploy SWCFs may apply for a small wireless facility communication 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.
F. 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. 2449 § 1 (part), 2020).
14.32.070 Review process.
A. Review. The following provisions relate to review of applications for an SWCF permit for small wireless facility deployments:
1. In any zone, upon application for an SWCF permit, the city will permit small wireless communication facilities which conform to the city’s generally applicable aesthetic, concealment, and design standards adopted pursuant to this chapter.
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 an SWCF 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 communication 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.
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. 2449 § 1 (part), 2020).
14.32.080 Facilities designated in the small wireless facility permit application.
Small wireless communication facilities shall be approved by reference to exhibits in an approved permit. Approval of the SWCF permit shall be deemed to approve the site and the design of the facilities outlined 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 aesthetic, concealment, and design standards adopted by the city in this chapter.
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. 2449 § 1 (part), 2020).
14.32.090 Timelines and costs.
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 SWCF 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. SWCFs 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. SWCFs 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. SWCFs 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 a supplemental submission in response to the public works 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 that the director fails to approve or deny a request for a small wireless communication 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. 2449 § 1 (part), 2020).
14.32.100 Modifications to small wireless communication facilities.
A. If an applicant desires to make modifications to SWCFs, 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 an SWCF permit.
B. An SWCF permit shall not be required for routine maintenance and repair of a small wireless communication 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, an SWCF 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 will be required for such routine maintenance, repair, or replacement where there is any impact to pedestrian, bicycle, or vehicular parking or traffic. (Ord. 2449 § 1 (part), 2020).
14.32.110 Minor deviations.
A. The public works director in consultation with the community development director and city engineer may authorize minor deviations designated by the applicant in the SWCF permit from the city’s aesthetic, concealment, and design standards.
B. Deviations in the dimensions, height or volume of SWCFs which are necessary to conform 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 communication facility. Replacement of an existing approved SWCF 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.
C. The decision of the public works director in consultation with the community development director and city engineer to approve an SWCF permit with a minor deviation, if any, shall be final and is not subject to appeal under city code or further legislative review. (Ord. 2449 § 1 (part), 2020).
14.32.120 Aesthetic, concealment, and design standards for small wireless communication facilities (SWCFs).
A. This section sets the criteria for poles in the public right-of-way or private streets for which there is a valid lease or wireless site agreement, including those poles that are owned in whole or in part by the city, other public entities, and privately owned poles in the public right-of-way or public places or spaces.
B. Preference for Locations and Methods. The preferred locations of SWCF infrastructure, in order, are:
1. Existing metal/steel streetlight poles with cobra heads.
2. New standalone metal/steel poles on streets. New poles where the primary purpose for the pole is to support SWCFs are not allowed unless the city agrees to take ownership upon installation or if authorized by the public works director. Generally, new poles within the rights-of-way are permitted only if the applicant can establish that:
a. The proposed small wireless facility cannot be located on an existing or replacement street light pole;
b. Even if an alternative location is determined to exist instead of installing a new pole in the right-of-way, the director may determine that a new pole in the right-of-way is in fact a better alternative based on the impact to the city, the concealment element design and the added benefits to the community.
3. New standalone wood poles on streets. New privately owned poles where the primary purpose for the pole is to support SWCFs are not allowed unless the city agrees to take ownership upon installation or if authorized by the director. Generally, new poles within the rights-of-way are permitted only if the applicant can establish that:
a. The proposed small wireless facility cannot be located on an existing or replacement street light pole;
b. Even if an alternative location is determined to exist instead of installing a new pole in the right-of-way, the director may determine that a new pole in the right-of-way is in fact a better alternative based on the impact to the city, the concealment element design and the added benefits to the community.
4. Existing metal/steel traffic signal poles.
5. Existing steel electric distribution/transmission poles with SWCF connections (requirements as per pole attachment agreement with Centralia City Light).
6. Existing wood electric distribution/transmission poles with SWCF connections (requirements as per pole attachment agreement with Centralia City Light).
C. Permitted. Small wireless communication facilities (SWCF) are permitted in all zoning districts in public rights-of-way.
D. Setbacks. The following setbacks will be required for the installation of new small cell structures:
1. No setback from a property line is required if a pole is located in the right-of-way.
2. If a pole is located in a public place/space the SWCF shall meet the setbacks as per the underlying zoning.
3. Poles shall be set back a minimum of five feet from all driveways.
4. Poles shall have a minimum setback of one foot from all sidewalks.
5. Poles and equipment shall be a minimum of three feet from an existing fire hydrant or a building’s fire connections.
6. Pole location cannot violate applicable local, state, or federal laws, including the 1990 Americans with Disabilities Act.
7. Alignment with Existing Poles. New poles need to align with existing streetlights and street trees to maintain a clear pedestrian zone.
E. Height. SWCF shall not exceed the maximum height of thirty-six feet (measured from the ground to the top of an antenna) in all zoning districts. Exception: the height may be increased to forty-four feet if the freestanding pole is designed for co-location or multi-carriers. The SWCF may exceed the height limit if attached to the side of a building and if an engineering study is conducted demonstrating the height is needed for the proper functioning of a provider’s network. The study shall show the existing SWCF service area and service area intended to be covered by the proposed facility.
F. Attachment to Trees Prohibited. It is prohibited to use any tree as a support for any wireless communication facilities or to use any tree to attach any metal guy or cable supporting any wireless communication facilities.
G. Small wireless communication facilities shall comply with all federal, state, and Centralia requirements and regulations including the Centralia Design and Development Guidelines.
H. Radio frequency (RF) equipment disconnect and warning labels on the poles.
1. The small wireless facility shall comply with applicable federal laws, rules, regulations, and standards regarding radio frequency radiation.
2. Radio frequency equipment shall have a disconnect that meets or exceeds the pole owner’s requirements.
3. If required, radio frequency warning labels shall be mounted to the exterior of the small wireless facility. They shall be placed facing toward the street and away from the adjacent buildings and windows, and shall contain a site identification number, carrier name, and emergency phone number.
4. Signage and warning stickers shall be no larger than five inches by seven inches and shall be located on or near the site disconnect. Other signs, logos, or advertising devices are prohibited, except for certification and warning signage required by law or permitted by the city.
I. Specification for Pole Installations on Non-City Light Poles.
|
New Pole |
Existing Pole with Street Light |
Specifications for Pole Installations |
|
|---|---|---|---|
|
X |
X |
Pole Type |
Round, straight, steel poles are preferred, other pole types may be permitted if approved by the director. |
|
X |
X |
Pole Color |
Poles shall match or be substantially similar to the finishes, designs, colors, and other aesthetic characteristics of existing poles or designated for the area (black or gray). Mellen/Cherry/Alder Streets corridor—black poles Pearl/Tower Streets corridor—the historic color of existing poles Main/Harrison Streets corridor—black poles All other areas within the city match pole colors within 200 feet |
|
X |
X |
Color of all System Equipment |
All small wireless equipment including antennas, shrouds, cantennas, brackets, conduits, cables, wires, and fiber shall be the same color as the pole (black or gray or brown). |
|
X |
X |
Pole Design Parameters |
As per the engineering standards and per the International Building Code |
|
X |
X |
Pole Diameter |
Maximum pole diameter for a signal SWCF carrier is 13 inches or the size of the existing pole. Maximum pole diameter for a multi-carrier SWCF pole is 34 inches. |
|
|
X |
External (not attached) Equipment Cabinet Area |
Maximum size: 48 inches long by 21 inches wide by 20 inches deep. If attached to the pole, it must match the color of the pole. If not attached to the pole, the equipment cabinets shall use camouflage design techniques including undergrounding, or other design options that will blend into the surrounding natural setting. |
|
X |
|
Built-in (pole base) Equipment Cabinet Dimensions |
Round, 5 feet, 10 inches maximum height from the top of the concrete foundation to the top of the equipment cabinet shroud, maximum 20-inch diameter |
|
X |
|
Access Doors |
Utility access—Meter shall be recessed as much as possible into the equipment cabinet. Luminaire access—hand hole with fused power disconnect. Carrier access—Lockable door appropriately sized. |
|
X |
X |
Electrical Service |
Per city of Centralia light department |
|
X |
X |
Separation of Service |
All new conduit and cable shall be separated by the owner in any pull boxes. SWCF services shall be separate from streetlight electrical service. |
|
X |
|
Pole Ventilation |
Passive louvers and/or passive ventilation systems; if required, fans shall not emit noise greater than 50 dBs at 3.5 feet. |
|
X |
|
Cantenna Height |
Single carrier with a cantenna and external shroud is 6 feet maximum. The multi-carrier maximum height of a cantenna(s) is 7 feet, 6 inches. Cantenna height is measured from the top of the riser pole to the top of a cantenna. |
|
X |
X |
Cantenna Shroud Transition |
Tapered and smooth transition between the riser pole and cantenna is required. |
|
|
X |
Cantenna Attached to an Existing Pole |
Top-mounted cantenna shall be placed to look as if it is an extension of the pole. All cables shall be concealed within the pole. The canister antenna’s outer diameter may not be more than 16 inches diameter by 36 inches height (maximum). |
|
|
X |
Panel Antenna |
36 inches in height and no further than 22 inches from the pole’s surface measured at the antenna’s outer edge and be 15 feet above grade. Panel antennas must be flush mounted to the pole and in no case greater than 6 inches off the pole to allow for antenna tilt. Panel antennas shall be located at least 12 inches below the streetlight or arm. Maximum of 3 panel antennas per pole. |
|
X |
X |
RF Transparent Equipment Shroud (side-mounted on a pole) |
49 inches in height, 19 inches in width, and 13 inches in depth. Equipment must be a minimum of 15 feet above grade and be attached flush to the pole. |
|
X |
X |
Cables, Conduit, and Wiring |
All conduit, cables, fiber, and wiring must be internally within the pole. Minimal conduit, cables, fiber, and wiring are allowed externally of the pole. |
|
X |
X |
Owner or User Identification Signage |
A 4-inch-by-6-inch (maximum) plate with the carrier’s name, location-identifying information, and emergency telephone number shall be permanently affixed to the equipment. |
|
X |
X |
Radio Frequency Warning Label |
Radio frequency warning labels shall be mounted on the equipment and clearly marked on the pole or cabinet |
|
X |
|
Foundation |
Constructed as per engineering specs |
(Ord. 2449 § 1 (part), 2020).
14.32.130 Development standards for attached (rooftop) wireless communication facilities.
A. Permitted. Attached small wireless communication facilities are permitted as provided in this chapter. Emergency communications towers deemed essential facilities can be sited in any zone district through the conditional use permit approval process.
B. SWCFs include, but are not limited to, SWCFs and transmission equipment mounted on the top or roof of an existing building.
C. Multi-Carrier. Where feasible, the construction of new attached SWCFs shall be designed, engineered, and constructed to facilitate multi-carriers.
D. Antennas on rooftops or atop water tanks shall be set back horizontally from the vertical edge of the structure one foot for every foot of elevation above the roof or tank. Whenever practical, antennas on rooftops must be either located or camouflaged so as not to be visible from adjacent rights-of-way.
E. Height. The SWCF structures on top of a building or structure shall not exceed the underlying zoning height measure from the ground to the top of the antennas on the rooftop. In the C-3 zoning district, the SWCF cannot exceed ten feet above the roofline of the building and must be camouflaged so as not to be visible from adjacent rights-of-way. (Ord. 2449 § 1 (part), 2020).
14.32.140 Administrative deviations—Variances from standards.
A. Administrative Deviations. The development standards contained in this chapter establish basic parameters for compliance. Some of these parameters, as specified in this section, may be varied from administrative deviation.
B. The Basis for Administrative Deviation. Administrative deviations may be granted in cases where the final approval authority finds that strict adherence to height, size, setback, separation, or other standards for SWCF:
1. Prohibits or has the effect of prohibiting the provision of personal wireless services;
2. Results in conditions contrary to the purposes of SWCF or otherwise renders compliance impractical; or
3. It creates unnecessary hardship to the owners or users of lands or buildings or providers of wireless communications services, then the final approval authority may approve an administrative deviation varying from requirements and standards. (Ord. 2449 § 1 (part), 2020).
14.32.150 Penalties.
Any person, firm, or corporation found violating, disobeying, omitting, neglecting, or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues. (Ord. 2449 § 1 (part), 2020).
14.32.160 Design graphics.
Existing Streetlight Pole with Side-Mounted Panel Antenna
Existing Streetlight Pole with Top-Mounted Cantenna
Freestanding Pole Design
(Ord. 2449 § 1 (part), 2020).