Chapter 6.16
UTILITY DESIGN STANDARDS IN THE RIGHT-OF-WAY
Sections:
6.16.010 Purpose.
6.16.020 Conflicting provisions.
6.16.030 Definitions.
6.16.040 General requirements.
6.16.050 Small wireless facilities design standards and aesthetic requirements on utility poles.
6.16.060 Small wireless facilities design standards and aesthetic requirements on city-owned infrastructure and other streetlight standards.
6.16.070 Strand-mounted small wireless facilities.
6.16.080 Permits.
6.16.010 Purpose.
A. The city council, as trustee of the city’s public right-of-way, has the authority to authorize right-of-way use by utilities and other entities in order to serve the public if an agreement consistent with state and federal law and the best interests of the city and its residents can be reached. The purpose of the design standards set forth within this chapter is to locate small wireless facilities, utility poles, and other infrastructure in the city’s rights-of-way in a manner that minimizes potential incompatibilities with adjacent uses, addresses traffic safety, limits bulk, and minimizes aesthetic impacts.
B. The design standards within this chapter shall also apply to small wireless facilities installed on streetlight standards or other light poles outside of the right-of-way in order to address these same impacts to traffic and pedestrian safety, to limit bulk and minimize aesthetic impacts.
6.16.020 Conflicting provisions.
In the event of a conflict between the provisions of this chapter, the terms of any issued franchise, master license agreement, or any federal law or federal regulation, it is intended that the stricter standard shall apply unless the context clearly evidences a contrary intent, or unless the city is preempted on the issue by applicable law. Should any franchise or other applicable law be silent on the issue of conflict, this section shall control.
6.16.030 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. City-owned infrastructure means poles, streetlight standards, or other street-related appurtenances located in rights-of-way and owned by the city of Kent.
B. Combination pole means a pole which includes both a streetlight and small wireless facilities that replaces existing city-owned infrastructure, or other streetlight standards not owned by the city.
C. Director means the city of Kent public works director, or designee.
D. Franchise refers to the authorization granted by the city to a utility or other service provider for the nonexclusive right to occupy city rights-of-way to provide service within a designated franchise area. A franchise shall be authorized by ordinance and must be accepted by the franchisee to become effective. A franchise shall not include or be a substitute for:
1. Any other permit or authorization required for the privilege of transacting and carrying on business within the city, including without limitation a business license; or
2. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including, without limitation, a street cut permit, a street use permit, or other construction permit or approval; or
3. Any permits or agreements for occupying any other property in the city for which access is not specifically granted by the franchise, including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the city or any other public or private entity, or for providing any service.
E. Rights-of-way (singular right-of-way) means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, pathway, space, or other public right-of-way, and over which the city has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority thereover. Rights-of-way for the purpose of this chapter does not include railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, open spaces, nature trails, dedicated but unopened right-of-way, undedicated streets and/or right-of-way, environmentally sensitive areas, and any land, facilities, or property owned, maintained, or leased by the city in its governmental or proprietary capacity or as an operator of a utility.
F. Small wireless facilities means facilities that meet each of the following conditions:
1. The facilities –
a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section 1.1320(d); or
b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
G. Traffic control signal system means traffic signal poles, mast arms, luminaires, and associated mast arms, ancillary poles, and related appurtenances.
H. Utility pole means a pole or vertical structure owned by a utility company or other third party with the right either pursuant to state law or a franchise to place such facilities in the right-of-way. It also includes light poles owned by a utility company or other third party located outside of the right-of-way. An original utility pole is a pole that has not been replaced to accommodate small wireless facilities or other wireless facilities, but that is capable of accommodating small wireless facilities or other wireless facilities. A replacement utility pole means a pole that replaces an original utility pole to accommodate small wireless facilities or other wireless facilities and does not result in an increase in the total number of utility poles. Each reference to a utility pole herein includes any original utility pole and any replacement utility pole.
6.16.040 General requirements.
A. All utility and light poles, wireless facilities, and small wireless facilities shall be constructed or installed according to applicable federal, state, and city regulations and standards, including the City of Kent Design and Construction Standards.
B. Ground-mounted equipment in the right-of-way is prohibited, unless such equipment is placed underground or is otherwise approved by the director.
C. Small wireless facilities are not permitted on traffic control signal systems.
D. Small wireless facilities are not permitted in residential zoning districts outside of the right-of-way, except in public parks and on public school campuses, set back 30 feet away from property lines. Small wireless facilities may only be installed outside of the right-of-way in residential zoning districts in the locations listed in this subsection with express permission from the property owner and according to the land use permit process outlined in KCC 15.04.060 and 15.08.035.
E. All poles shall comply with the Americans with Disabilities Act (“ADA”), City of Kent Design and Construction Standards, and state and federal regulations in order to provide clear passage within the rights-of-way. The location of any replacement or new utility pole, or combination pole must not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), not interfere with sight distance, and not adversely affect public health, safety, or welfare.
F. In order to minimize negative visual impact to the surrounding area and to avoid excessive overhead clutter, the director may deny a request for proposed wireless facilities or small wireless facilities where the proposed location is deemed inappropriate due to the extent of existing aboveground wireless telecommunications or other electrical or cable facilities existing within a 150-foot radius of the proposed wireless facility or small wireless facility location. The director may also deny a request for proposed wireless facilities on a utility pole already containing more than one electrical transformer.
G. The use of any city-owned infrastructure, other streetlight standard, or utility pole for the siting of small wireless facilities within the right-of-way shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host for small wireless facilities becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facilities, and the small wireless facilities, including all associated equipment, shall be removed.
H. Replacement utility poles are subject to the following requirements:
1. All replacement utility poles (with or without small wireless facilities or other wireless facilities) shall be located as near as possible to the existing utility pole, while meeting the current City of Kent Design and Construction Standards. The abandoned utility pole must promptly be removed.
2. Proposed replacement utility poles, for the purpose of siting wireless facilities other than small wireless facilities, shall be no more than 20 feet taller than adjacent utility poles, unless an additional height increase is required for vertical separation and such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. The replacement utility pole shall be of similar shape, color, and material to the original utility pole. Any wireless facility equipment mounted on a replacement utility pole shall also comply with the color, mounting, illumination and concealment of wires requirements set forth in KCC 6.16.050(C)(1) through (4).
I. Replacement and combination poles shall match or be similar to the color and material of the original or adjacent poles. Replacement and combination poles shall be located in a location that minimizes the appearance from existing adjacent residential structures to the maximum extent feasible. For example, locations where new poles or replacement poles would be close to windows, in front of historically or architecturally significant buildings, or in locations where the equipment would disturb views of significance should be avoided.
J. The number of conduits shall be minimized to the number necessary to accommodate the facilities or equipment on the utility pole. The color of external cables, wires, and conduits shall match or be similar to the color of the utility pole or be a neutral color such as black, brown, beige, off-white, or light gray. The conduit shall be mounted as closely as possible to the pole, while still meeting the required safety clearances.
K. All cables and wiring on utility poles shall also be concealed to the maximum extent feasible. Any wires outside the conduit shall be consolidated and pulled as tight as technically feasible. Loops of excess wires shall not be lashed to the pole, to electrical wires supported by the pole, or to any pole-mounted equipment.
L. Ancillary equipment and facilities, including conduit and cable, shall not dominate the structure or utility pole upon which these things are attached.
M. 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.
N. The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as not to adversely affect the visual character of the area. This provision shall neither 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.
O. 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.
P. No equipment on any utility or combination pole may be operated so as to produce noise in violation of the applicable noise standards set forth in Chapter 8.05 KCC.
6.16.050 Small wireless facilities design standards and aesthetic requirements on utility poles.
A. Locations.
1. Small wireless facilities on utility poles shall be located in a location that minimizes the appearance of small wireless facilities from existing adjacent residential structures to the maximum extent feasible. For example, best efforts shall be used to avoid locations where small wireless facilities would be close to windows, in front of historically or architecturally significant buildings, or in locations where the equipment would disturb views of significance.
2. A utility pole shall not contain more than one small wireless facility.
B. Replacement utility poles. The height of any replacement utility pole to accommodate small wireless facilities, including antennas shall be: 50 feet or less; or not extended to a height of more than 10 percent above its preexisting height as a result, whichever is greater.
C. Small wireless facilities design. Small wireless facilities shall comply with the design standards set forth within this section.
1. Color. Small wireless facilities’ antennas, conduit, mounting hardware, and equipment cabinets shall be a neutral color that matches or is similar to the color of the utility pole, or, at the city’s preference, small wireless facilities shall be painted any color of the city’s choosing, so long as the paint is reasonably commercially available, and painting is technically feasible.
2. Mount. Small wireless facilities shall be mounted as closely to the utility pole as technically feasible, and shall not extend out more than three feet from the pole. Ground-mounted equipment is prohibited, unless otherwise approved by the director.
3. No illumination. Except as otherwise required by applicable law, small wireless facilities shall not be illuminated.
4. Concealed wires. Small wireless facilities’ external cables and wires shall be enclosed in a conduit so that wires are protected and not visible or visually minimized to the maximum extent feasible. The number of conduits shall be minimized to the number necessary to accommodate the small wireless facility, and the conduits shall be mounted as closely to the pole, while still meeting the required safety clearances necessary for the pole to remain climbable. The color of external cables and wires and conduits shall match or be similar to the color of the utility pole or be a neutral color such as black, brown, beige, off-white, or light gray. All cables shall be also be concealed to the extent feasible.
5. Bulk.
a. Primary small wireless facilities equipment enclosures shall not exceed 15 cubic feet in volume.
b. Multiple antennas are permitted; provided, that the cumulative total antenna volume shall not exceed 15 cubic feet.
c. If, due to technological reasons, the proposed equipment enclosures do not comply with this subsection, the director may approve primary small wireless facilities equipment enclosures up to 28 cubic feet in volume following a submission to the director demonstrating that the proposal includes the smallest equipment enclosure that is technologically feasible for the specific small wireless facility. Similarly, the director may approve an increase of the cubic feet allowance for antennas.
6. Stickers. The use of stickers on utility poles should be minimized to the extent feasible.
6.16.060 Small wireless facilities design standards and aesthetic requirements on city-owned infrastructure and other streetlight standards.
A. General considerations.
1. In order to install small wireless facilities on city-owned infrastructure the existing pole must be removed and replaced with a combination pole meeting the requirements of KCC 6.16.040, General requirements, and this section. In order to install small wireless facilities on other existing streetlight standards not owned by the city within the right-of-way, the existing pole must either be removed and replaced with a combination pole meeting the requirements of KCC 6.16.040, General requirements, and this section, or the applicant must submit a structural load rating analysis. Alternatively, the director may approve the installation of a combination pole in a location where it has been identified that a streetlight is necessary and if the installation of the combination pole complies with the lighting criteria set forth in the City of Kent Design and Construction Standards. Streetlight standards outside of the right-of-way in non-residential zoning districts need not be replaced with a combination pole, but shall otherwise comply with the requirements of this chapter.
2. Four styles of combination poles are allowed: (a) combination pole with a canister and/or antennas; (b) combination pole with equipment shroud; (c) combination pole with canister and/or antennas and equipment shroud; and (d) combination pole with equipment and antennas within the pole; as generally depicted in Exhibit A at the end of this section. Equipment is also permitted in the base of the pole, so long as the base meets the requirements within this section.
B. Requirements for all combination poles.
1. The design of a combination pole shall be substantially similar to the existing city-owned infrastructure or other streetlight standard installed adjacent to the proposed combination pole and substantially conform to the depictions in Exhibit A at the end of this section or those subsequently adopted in the City of Kent Design and Construction Standards. The same combination pole shall be used in the same corridor, in a defined area with adopted design standards or guidelines, or within a neighborhood to maintain a cohesive appearance, unless the director approves the installation of a different style of combination pole.
2. The height of any combination pole replacing city-owned infrastructure or other streetlight standard including antennas shall be: 50 feet or less; or extended to a height of no more than 10 percent above its preexisting height, whichever is greater. The height of a combination pole installed at a new location pursuant to subsection (A)(1) of this section shall be approved by the director.
3. The diameter of the combination pole shall be no larger than 16 inches. The director may approve a diameter up to 24 inches if an applicant can demonstrate that more space is needed.
4. No horizontal flat spaces greater than one and one-half inches shall exist on the combination pole to prevent cups, trash, and other objects from being placed on the pole.
5. All wiring and cabling shall be internal to the combination pole.
6. Any antenna(s) or equipment shroud shall be colored to match or be similar to the combination pole.
7. Any splicing of wiring and cabling shall be underground.
8. The luminaire shall be mounted at the same height as surrounding luminaires.
9. All mounting brackets, anchor bolts, and other hardware connections shall be concealed.
C. Requirements for specific combination pole types.
1. Combination pole with a canister and/or antennas.
a. The antenna shall be a canister or shrouded antenna and mounted at the top of the combination pole. There shall be a smooth transition between the upper part of the pole and the antenna and the antenna shall be integrated so that it appears as a continuation of the original pole. Antennas shall be scaled to be a maximum of one and one-quarter (1.25) times the diameter of the pole at the antenna-mounting location.
b. The canister antenna and/or antennas shall be colored to match or be similar to the combination pole.
2. Combination pole with equipment shroud.
a. In place of an antenna at the top of the combination pole, a single external shroud containing the antenna and other equipment mounted to the pole will be allowed.
b. The shroud shall be attached near the top of the pole in such a way that the wiring, cables, and equipment is hidden from view.
3. Combination pole with canister and/or antennas and equipment shroud.
a. The antenna shall be a canister or shrouded antenna and mounted at the top of the combination pole. There shall be a smooth transition between the upper part of the pole and the antenna and the antenna shall be integrated so that it appears as a continuation of the original pole. Antennas shall be scaled to be a maximum of one and one-quarter times the diameter of the pole at the antenna-mounting location, or be no more than 16 inches in diameter, whichever is greater. If the antenna cannot be integrated within a canister or shroud (e.g., 5G antennas), then the antennas may only be installed near the top of the pole in such a way that the wiring, cables, and equipment are hidden from view.
b. The equipment shroud shall be attached near the top of the pole in such a way that the wiring, cables, and equipment are hidden from view.
4. Combination pole with equipment and antennas within the pole. This type of combination pole conceals and integrates the equipment and antennas within the pole. All equipment and antennas shall be located internal or recessed to the appropriate enclosure.
Exhibit A
Combination Pole with Canister and/or Shrouded Antenna – KCC 6.16.060(C)(1)
Combination Pole with Equipment Shroud – KCC 6.16.060(C)(2)
Combination Pole with Canister and/or Antennas and Equipment Shroud – KCC 6.16.060(C)(3)
Combination Pole with Equipment and Antennas within the Pole – KCC 6.16.060(C)(4)
6.16.070 Strand-mounted small wireless facilities.
Small wireless facilities mounted on cable strung between existing utility poles shall conform to the following standards:
A. Each strand-mounted facility shall be installed to cause the least visual impact and with the minimum exterior cabling or wires (other than the original strand) necessary to meet the technological needs of the facility.
B. Each strand-mounted facility shall not exceed three cubic feet in volume.
C. Only one strand-mounted facility is permitted per cable between any two existing utility poles.
D. The strand-mounted facility shall be placed as close as possible to the nearest utility pole, and no further than five feet from the pole, unless a greater distance is technically necessary or required by the utility pole owner for safety clearance.
E. Strand-mounted facilities may only be located between two utility poles on a strand that is parallel to the ground and the edge of the right-of-way.
F. No strand-mounted facility may be located in or above the portion of the roadway open to vehicular traffic.
G. Pole-mounted equipment associated with strand-mounted devices shall meet the requirements described in KCC 6.16.050(C).
H. Ground-mounted equipment to accommodate strand-mounted facilities is not permitted, except when placed in preexisting equipment cabinets.
(Ord. No. 4409, § 2, 8-17-21)
6.16.080 Permits.
Permits approved pursuant to this section shall be subject to the following findings by the director: (A) that the applicant has an executed franchise or limited license agreement with the city; and (B) the applicant has an executed master license agreement with the city if any component of the proposed small wireless facility involves use of city-owned infrastructure.
(Ord. No. 4318, § 1, 4-2-19; Ord. No. 4409, § 2, 8-17-21. Formerly 6.16.070)