Chapter 12.22
FACILITIES LEASE
Sections:
12.22.040 Determination by the city.
12.22.050 Compensation to the city.
12.22.020 Facilities lease.
The city council may, in its sole discretion which is hereby reserved, approve facilities leases (“facilities leases” or “leases”) for the location of telecommunications facilities and other facilities upon city property. Neither this section, nor any other provision of this chapter, shall be construed to create an entitlement or vested right in any person or entity of any type, regardless of whether or not a lease application has been submitted to or accepted by the city. Each person who utilizes telecommunications facilities or other facilities upon city property (including, but not limited to, persons who locate or colocate) must first obtain a facilities lease from the city. Facilities leases granted for the installation and/or construction of wireless communications facilities shall also comply with the terms and provisions of Chapter 17.78 KMC. (Ord. 15-018 § 1).
12.22.030 Lease application.
Any person that desires to solicit the city’s approval of a facilities lease pursuant to this chapter shall file an application with the city which, in addition to the information required by Chapter 17.78 KMC, shall include the following:
(1) A description of the telecommunications facilities or other equipment proposed to be located upon city property;
(2) A description of the city property upon which the applicant proposes to locate telecommunications facilities or other equipment;
(3) Preliminary plans and specifications in sufficient detail to identify:
(a) The location(s) of existing telecommunications facilities or other lines or equipment upon the city property;
(b) The location and source of electric and other utilities required for the installation and operation of the proposed telecommunications facilities;
(4) Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment;
(5) An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease;
(6) Such other and further information as may be reasonably requested by the city;
(7) Evidence demonstrating that the applicant has received all of the necessary zoning and land use permits and approvals from the city or evidence that complete applications for such permits and approvals have been submitted to the city and that the proposed telecommunications facility meets all applicable zoning and land use codes; and
(8) An application fee to recover city costs which shall be set by the city council by resolution. (Ord. 15-018 § 1).
12.22.040 Determination by the city.
Recognizing that the city is under no obligation to grant a facilities lease for the use of city property, the city shall strive to consider and take action on applications for facilities leases within 120 days after receiving a complete application for such a lease. When such action is taken, the city shall issue a written determination (if required by federal law) granting, granting with conditions that are reasonably necessary to ensure compliance with this chapter or with other applicable regulations relating to use and management of rights-of-way, or denying the lease in whole or in part, applying the standards set forth below, or any other such criteria as the city council may choose to apply. In the event that a lease is approved by the city council and the zoning and land use permits for the facility are denied or subsequently revoked by the city, the lessee’s rights under the lease shall terminate simultaneously with the denial or revocation.
(1) The capacity of the city property to accommodate the applicant’s proposed telecommunications facilities;
(2) The capacity of the city property to accommodate additional future city telecommunications facilities and public projects and/or additional public utility and city telecommunications facilities if the lease is granted;
(3) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted;
(4) The public interest in minimizing the cost, impact, and disruption of construction upon city property;
(5) The effect, if any, on public health, safety, and welfare if the lease requested is approved;
(6) The availability of alternative locations for the proposed telecommunications facilities;
(7) The potential for radio frequency and other interference with existing public and private telecommunications facilities or other lines and equipment located upon the city property;
(8) Subject to zoning laws, the potential for radio frequency and other interference or impacts upon residential, commercial, and other uses located within the vicinity of the city property;
(9) Whether the proposed use is in compliance or would be compliant with this chapter and any other lawful applicable regulations with respect to use and management of public ways, other ways and city property;
(10) Such other factors as may demonstrate that the lease to use the city property will serve the community interest; and
(11) The apparent consistency of the proposal with applicable regulations set forth in the Kittitas zoning code and policies set forth in the Kittitas comprehensive plan. (Ord. 15-018 § 1).
12.22.050 Compensation to the city.
Each facilities lease granted under this chapter is subject to the city’s right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the rights granted to the lessee; provided, nothing in this chapter shall prohibit the city and a lessee from agreeing to the compensation to be paid. (Ord. 15-018 § 1).