Chapter 18.42 WIRELESS COMMUNICATION FACILITIES

(4) Encourage the location and collocation of wireless communication equipment on existing structures, including utility and light poles in the public rights-of-way.

(5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects.

(6) Accommodate the growing need and demand for wireless communication services both in and out of the public rights-of-way.

(7) Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.

(8) Encourage orderly development in a preferred hierarchy using concealed technologies.

(9) Utilize, to the full extent possible and consistent with state and federal law, the presumptive safe harbor time periods for review of small wireless facilities in a consolidated permit process that parallels any franchising process. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.020 Applicability.

(1) If a conflict arises between this chapter and the provisions of another chapter regarding wireless communication facilities, this chapter shall govern with respect to facilities located outside of the public rights-of-way. Facilities within the public rights-of-way are governed by Chapters 4.08 and 4.09 NPMC.

(2) Facilities regulated by this chapter include the construction, modification, and placement of WCFs and any antennas used for MMDS or wireless cable, and wireless service facilities (i.e., cellular phone service, PCS – personal communication services, wireless paging services, wireless Internet services, etc.) when located outside of the public right-of-way. Wireless services shall be subject to the following regulations to the extent that such requirements:

(a) Do not unreasonably discriminate among providers of functionally equivalent services;

(b) Do not have the effect of prohibiting personal wireless services within the city of Normandy Park. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.030 Exemptions.

The following are exempt from the provisions of this chapter:

(1) WCFs used by federal, state or local public agencies for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of illustration and not limitation, any communications systems utilized by first responders such as police or fire.

(2) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of federal law.

(3) Citizen band radios or antennas operated by federally licensed amateur (“ham”) radio operators.

(4) Satellite earth stations (satellite dish) that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts and which are not greater than 20 feet above grade in residential districts and 35 feet above grade in all other zoning districts.

(5) A temporary, commercial wireless communications facility for the purposes of providing coverage of a special event such as news coverage, sporting event, or proclaimed disaster, subject to approval by the city, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this chapter up to one week after the duration of the special event or a proclaimed disaster.

(6) Routine maintenance or repair of a personal wireless service facility and related equipment excluding structural work or changes in height, dimension, or visual impacts of the antenna, tower, transmission equipment, equipment cabinet and/or transmission equipment; provided, that compliance with the standards of this chapter is maintained.

(7) An eligible facilities request subject to Chapter 4.10 NPMC is exempt from review under this chapter.

(8) In the event a building permit is required for any emergency repair, notification in writing to the director of community development shall occur within 24 hours of identification of the needed repair; filing of the building permit application shall be done in compliance with the city’s adopted building code. (In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.) (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.040 Definitions.

For the purposes of this chapter as well as Chapters 4.08, 4.09 and 4.10 NPMC, the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in NPMC 4.08.020.

(1) “Ancillary structure” means, for the purposes of this chapter, any form of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and feed lines; however, specifically excluding base stations.

(2) “Antenna” means an apparatus designed for emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the purpose of personal wireless service and any commingled information services. For the purpose of this definition, the term “antenna” does not include an unintentional radiator, mobile station or device authorized by Title 15 of the Code of Federal Regulations.

(3) “Antenna height” means the vertical distance measured from average building elevation to the highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna. For replacement structures, antenna height is measured from the top of the existing structure to the highest point of the antenna or new structure, whichever is greater.

(4) “Antenna support structure” or “support structure” means a vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building unless the device extends above the highest point of the building by more than 20 feet. Types of support structures include the following:

(a) Guyed Antenna Support Structure. A style of antenna support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

(b) Lattice Antenna Support Structure. A tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars to support antenna.

(c) Monopole Antenna Support Structure. A style of freestanding antenna support structure consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building’s roof.

(5) “Approved small wireless facility” means any small wireless facility that has received all required permits.

(6) “Attached WCF” means an antenna or antenna array, including RF-to-lightwave converter equipment, that is secured to an existing building, structure (not including an antenna support structure), utility pole, cross country electrical distribution tower, with or without any accompanying new pole or device which attaches it to the building or structure, together with feed lines, and base station, which may be located either on the roof, inside or outside of the building or structure.

(7) “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. “Base station” includes, without limitation:

(a) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(b) 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).

(c) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (7)(a) and (b) 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; provided, however, for the purposes of eligible facilities request applications, the term “base station” does not include any structure that, at the time the relevant application is filed with the city, does not support or house equipment described in subsections (7)(a) and (b) of this section.

(8) “Cell site” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services.

(9) For the purpose of applying the procedures of NPMC 18.42.050 et seq., “collocation” means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antennas, feed lines and radio frequency generating equipment. For the purposes of applying the eligible facilities request procedures of Chapter 4.10 NPMC, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

(10) “Concealment elements” means transmission facilities designed to look like some feature other than a wireless tower or base station or which minimize the visual impact of an antenna by use of nonreflective materials, appropriate colors and/or a concealment canister.

(11) “Concealed WCF,” sometimes referred to as a stealth or camouflaged facility, means the antenna or antenna array, antenna support structure, base station, and feed lines are not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. Examples of concealed attached facility include but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Examples of concealed antenna support structures can have a secondary, obvious function which may be but is not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, utility pole, flagpole with or without a flag, or tree.

(12) “Conditional use permit” or “CUP” means a process and approval as described in NPMC 18.22.010, conditional use permits.

(13) “Consolidation” means removal of one or several antenna support structure(s) or attached WCF located within a 1,500-foot radius of the center of the consolidated antenna support structure and its base station in order to encourage compliance with this chapter or to improve aesthetics or functionality of the overall wireless network.

(14) “Design” means the appearance of personal wireless service facilities, including such features as their materials, colors, and shape.

(15) “Design district” means the Manhattan Village subarea.

(16) “EIA” means the Electronics Industry Association.

(17) “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(a) Collocation of new transmission equipment;

(b) Removal of transmission equipment; or

(18) “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.

(19) “Equipment enclosure” means a facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for example, air conditioning, backup power supplies and emergency generators.

(20) “FAA” means the Federal Aviation Administration.

(21) “FCC” means the Federal Communications Commission.

(22) “Feed lines” are cables used as the interconnecting media between the transmission/receiving base station and the antenna.

(23) “Flush-mounted” means any antenna or antenna array attached directly to the face of the antenna support structure, structure, or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

(24) “Least visually obtrusive profile” means the design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function.

(25) “Mount” means the bracket or any other materials used to attach the antenna or antenna array to a building or support structure.

(26) “Nonconcealed WCF” means an antenna or antenna array, antenna support structure, base station, and feed lines that are readily identifiable as such.

(27) “Radio frequency emissions” means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection.

(28) “Service provider” is defined in accord 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.

(29) “Small wireless” and “small wireless network” are defined in accord with 47 CFR 1.6002(l).

(30) “Structure,” for the purposes of this chapter as well as Chapter 4.08 NPMC, 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 prevision of personal wireless service (whether on its own or commingled with other types of service).

(31) Substantial Change. A modification “substantially changes” the physical dimensions of an eligible support structure if it meets any of the following criteria:

(a) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

(b) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(c) 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 associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

(d) It entails any excavation or deployment outside the current site;

(e) It would defeat the concealment elements of the eligible support structure; or

(f) 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.

(32) “Telecommunications service” is defined in accord with RCW 35.99.010(7).

(33) “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or 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.

(34) “Transmission equipment” means 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.

(35) “Unified enclosure” means a small wireless facility providing concealment of antennas and related equipment in a single enclosure.

(36) “Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.

(37) “Wireless communication facility (WCF)” means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and base station, and may include an antenna support structure. The following developments shall be deemed included in the general definition of a WCF: developments containing new, consolidated, or existing antenna support structures, public antenna support structures, and collocation on existing antenna support structures, collocation onto existing utility pole or cross-country electrical distribution tower, attached antennas or antenna arrays, base stations and feed lines whether concealed, or nonconcealed. Included in this definition are: noncommercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting WCFs.

(38) “Wireless communications” means any personal wireless service, which includes but is not limited to cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless Internet services and paging). (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.050 Permit required.

(1) A conditional use permit is required for all personal wireless service facilities other than facilities which qualify as small wireless facilities.

(2) A franchise if the WCF is in the right-of-way and all other required building, electrical, and other permits required under the Normandy Park Municipal Code shall be obtained.

(3) Failure to comply with any of the regulations of this chapter may result in the revocation of the permit granted for any project. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.060 WCF – Required submittals.

An application for permission to deploy a WCF such as conditional use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of this title and other applicable regulations:

(1) A site plan showing existing and proposed WCFs, access, base station, ancillary structures, warning signs, buffers, fencing, landscaping, proposed means of access, setbacks from property lines, adjacent roadways and any other items necessary to illustrate compliance with the development standards of this chapter. Related WCF facilities previously approved under Chapter 4.08 NPMC may be incorporated by reference.

(2) Architectural elevation drawings of the proposed antenna support structure showing proposed color and type of exterior materials, height, and how the structure would relate to existing and proposed site improvements.

(3) Photo-simulations of the proposed facility from affected residential and nonresidential properties and public rights-of-way at varying distances, as directed by the director of community development.

(4) A stamped statement by a state of Washington registered professional engineer that the support structure shall comply with EIA/TIA-222-F (as amended), allowable wind speed for the applicable zone in which the facility is located, and describing the general structural capacity of any proposed WCF(s), including:

(a) The number and type of antennas that can be accommodated;

(b) The basis for the calculation of capacity; and

(c) A written statement that the proposal complies with all federal guidelines regarding interference and ANSI standards as adopted by the FCC, including but not limited to non-ionizing electromagnetic radiation (NIER) standards.

(5) A report by the applicant that includes a description of the proposed WCF, including lighting and information demonstrating compliance with siting hierarchy, NPMC 18.42.070.

(6) A landscape plan incorporating drought-resistant planting and an irrigation plan showing specific plant material, design elements for screening of the facility, irrigation system, and any proposed preservation of existing trees and vegetation.

(7) Where a permit for an attachment or collocation is required, the application shall also include the following information:

(a) The name and address of the operator(s) of proposed and existing antennas on the site;

(b) The height of any proposed antennas;

(d) Frequency, modulation, and class of service; and

(e) A description of the wireless communication service that the applicant intends to offer to provide or is currently offering or providing within the city.

(8) A detailed visual simulation of the wireless communication facility shall be provided along with a written report from the applicant, including a map showing all locations where an unimpaired signal can be received for that facility.

(9) Proof of a valid franchise, if interrelated WCF facilities are to be located in the right-of-way.

(10) Other information as the director of community development may reasonably require.

(11) Fees for review as established by the city’s most current fee resolution. The director of community development may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.070 Siting hierarchy.

Siting of antenna or support structures other than small wireless facilities shall adhere to the siting hierarchy of this section. The order of ranking for antenna or antenna support structures, from highest to lowest, shall be subsections (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), (3)(b), (3)(c), (3)(d) and (3)(e) of this section. Where a lower ranking alternative is proposed, the applicant must file relevant information including but not limited to an affidavit by a licensed radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranking options are not technically feasible or justified given the location of the proposed wireless communications facility and network need.

Example:

A new facility meeting the definition of a concealed consolidated WCF is proposed; the applicant demonstrates that the new facility cannot be sited under the hierarchy of subsections (1)(a) through (1)(e) of this section. The applicant then demonstrates the new facility cannot be sited under the hierarchy of subsection (2)(a) or (2)(b) of this section. The applicant then moves to the hierarchy of subsection (2)(c) of this section and is able to propose a site.

(1) Concealed attached WCF that is also either: an attached WCF; or attached to an existing concealed or nonconcealed antenna support structure or an attached WCF on an existing nonconcealed antenna support structure:

(a) Within public parks, public open spaces, and on other publicly owned land.

(b) In any nonresidential zoning district.

(2) Concealed consolidation as a part of a consolidation of antenna support structures:

(a) Within public parks, public open spaces, and on other publicly owned land.

(b) In any nonresidential zoning district.

(3) New concealed antenna support structure:

(a) Within public parks, public open spaces, and on other publicly owned land.

(b) In any nonresidential zoning district.

(c) In residential zoning districts on lots not used for single-family residential purposes. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.080 Base station hierarchy.

Siting of base stations other than small wireless facilities shall adhere to the siting hierarchy of this section. The order of ranking, from highest to lowest, shall be subsections (1), (2), and (3) of this section. Where a lower-ranking alternative is proposed, the applicant must demonstrate that a higher-ranking option is not technically feasible or justified given the location or size of the proposed base station.

(1) Within an existing building, provided the use of the building is not single-family residential.

(2) On the roof of an existing building, provided the use of the building is not single-family residential.

(3) Fenced and landscaped or inside a building constructed for housing the base station from a consolidated WCF. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.090 General requirements.

(1) Within public parks and public open spaces, the placement of antennas on existing structures, such as power poles, light poles for streets and parking lots, light standards for recreational fields and antenna support structures, is the preferred option subject to the approval of the property owner. If an existing structure cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure, provided:

(a) The new structure will serve the original purpose.

(b) Does not exceed the original height by 40 feet or the maximum height allowed by this chapter. Any height increase in excess of 40 feet must be approved as an element of the conditional use permit.

(2) Concealed attached antennas shall comply with the following requirements:

(a) Concealed antennas shall reflect the visual characteristics of the structure to which they are attached and shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. This shall include the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna on the structure shall reflect the following order of priority in order to minimize visual impact:

(i) A location as close as possible to the center of the structure; and

(ii) Along the outer edges or side-mounted; provided, that, in this instance, additional means such as screens should be considered and may be required by the department on a case-by-case basis; and

(iii) When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.

(b) Notwithstanding the height limit of the underlying zone, the top of the concealed attached WCF shall not be more than 20 feet above the existing or proposed nonresidential building or structure, or more than 15 feet above a residential building or structure.

(c) Feed lines shall be contained within a principal building or encased, and the encasement painted to blend and match the design, color, and texture of the facade, roof, wall, or structure to which they are affixed.

(3) Concealed antenna support structures shall comply with the following requirements:

(a) Upon application for a conditional use permit or a building permit for a new concealed antenna support structure, whichever is required first, the applicant shall provide a map showing all existing antenna support structures or other suitable nonresidential structures located within one-quarter mile of the proposed structure with consideration given to engineering and structural requirements.

(b) No new antenna support structure shall be permitted if an existing structure suitable for attachment of an antenna or collocation is located within one-quarter mile, unless the applicant demonstrates that the existing structure is physically or technologically unfeasible or is not made available for sale or lease by the owner or is not made available at a market rate cost or would result in greater visual impact. The burden of proof shall be on the applicant to show that a suitable structure for mounting of antenna or collocation cannot be reasonably or economically used in accordance with these criteria. This separation requirement shall not apply to small wireless facilities.

(c) In residential districts, new concealed antenna support structures shall only be permitted on lots whose principal use is not single-family residential, including but not limited to: schools, churches, synagogues, fire stations, parks, and other public property.

(d) To the extent that there is no conflict with the color and lighting requirements of the Federal Communications Commission and the Federal Aviation Administration for aircraft safety purposes, new antenna support structures shall be concealed as defined by this title and shall be configured and located in a manner to have the least visually obtrusive profile on the landscape and adjacent properties. New concealed antenna support structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture and designed to blend with existing surroundings to the extent feasible. This shall be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed concealed antenna support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.

(e) At time of application, the applicant shall file a letter with the department, agreeing to allow collocation on the tower. The agreement shall commit the applicant to provide, either at a market rate cost or at another cost basis agreeable to the affected parties, the opportunity to collocate the antenna of other service providers on the applicant’s proposed tower to the extent that such collocation is technically and structurally feasible for the affected parties.

(f) All new concealed antenna support structures up to 60 feet in height shall be engineered and constructed to accommodate no less than two antenna arrays. All concealed antenna support structures between 61 feet and 100 feet shall be engineered and constructed to accommodate no less than three antenna arrays. All concealed antenna support structures between 101 and 140 feet shall be engineered and constructed to accommodate no less than four antenna arrays.

(g) Grading shall be minimized and limited only to the area necessary for the new WCF. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.100 Aesthetic, concealment and design standards.

(1) All WCFs other than small wireless facilities regulated pursuant to 18.42.110 NPMC shall:

(a) Be designed and constructed to present the least visually obtrusive profile.

(b) Use colors such as grey, brown, or green that reduce visual impacts unless otherwise required by the city of Normandy Park, FAA, or FCC.

(d) Non-flush-mounted antennas are allowed only upon written demonstration by the applicant that flush-mounting is not feasible.

(2) Base Stations.

(a) Base stations and ancillary structures shall be subject to the setbacks of the underlying zoning district.

(b) Base stations that are not located underground shall not be visible from public views. New base stations and ancillary structures shall be designed to complement or match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture and designed to blend with existing surroundings to the extent feasible. This shall be achieved through the use of compatible colors and building materials of existing buildings or structures on the property, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the base station and ancillary structures from pedestrian views. Where feasible, one building with multiple compartments shall be constructed to serve the total number of anticipated collocation tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a master site plan shall be provided to demonstrate how all potential base stations and ancillary structures will be accommodated within the vicinity of the WCF.

(3) Height Standards. The height of the antenna support structure shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or if higher to the top of the highest antenna or piece of equipment attached thereto. The height of any WCF shall not exceed the height provided in the table below.

Zone Districts	Maximum Height of New Antenna Support Structures	Maximum Height of Consolidated Antenna Support Structures
Residential Districts	40 feet	40 feet
Nonresidential Districts	95 feet*	95 feet*

*Subject to height restrictions for NC and MU zoning districts in NPMC 18.15.020.

(a) Increases to the height of an existing antenna support structure are permitted, provided:

(i) It is consistent with all conditions of the CUP authorizing the use and subsequent approvals thereafter;

(ii) The existing conditions and the proposed changes are not in violation of the NPMC;

(iii) Necessary to accommodate an actual collocation of the antenna for additional service providers or to accommodate the current provider’s antenna required to utilize new technology, provide a new service, or increase capacity;

(iv) Height increases are limited to no more than 40 feet above the height of the existing antenna support structure unless explicitly allowed in the CUP;

(v) A nonconformance shall not be created or increased, except as otherwise provided by this chapter;

(vi) A detailed certification of compliance with the provisions of this section, prepared by a licensed professional engineer, is submitted and approved.

(4) Setback Requirements.

(a) Antenna support structures outside of the right-of-way shall have a setback from property lines of 10 feet from any property line and 50 feet or one-foot setback for every one foot in height from any residentially zoned property, whichever provides the greatest setback.

(b) Base stations shall be subject to the setback requirements of the zone in which they are located.

(c) The department shall consider the following criteria and give substantial consideration to on-site location and setback flexibility is authorized when reviewing applications for new antenna support structures and consolidations:

(i) Whether existing trees and vegetation can be preserved in such a manner that would most effectively screen the proposed tower from residences on adjacent properties;

(ii) Whether there are any natural landforms, such as hills or other topographic breaks, that can be utilized to screen the tower from adjacent residences;

(iii) Whether the applicant has utilized a tower design that reduces the silhouette of the portion of the tower extending above the height of surrounding trees.

(5) Landscaping and Fencing Requirements.

(a) All ground-mounted base stations and ancillary structures shall be enclosed with an opaque fence made of wood, brick, or masonry.

(b) All fencing shall be subject to Chapter 18.35 NPMC. WCFs shall have perimeter landscaping as follows:

(i) In the NC or MU zone, the base stations and ancillary structures shall be landscaped with native plants not less than eight feet in height.

(ii) In residential zones or abutting rights-of-way, the base station and ancillary structures shall be landscaped with native plants not less than 10 feet in height.

(iii) When a fence is used to prevent access to a WCF or base station, any landscaping required shall be placed outside of the fence.

(6) Lighting Standards. Except as specifically required by the FCC or FAA, WCFs shall not be illuminated, except lighting for security purposes that is compatible with the surrounding neighborhood. Any lighting required by the FAA or FCC must be the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable to minimize the potential attraction to migratory birds. Dual lighting standards (white blinking light in daylight and red blinking light at dusk and nighttime) are required and strobe light standards are prohibited unless required. The lights shall be oriented so as not to project directly onto surrounding residential property, and consistent with FAA and FCC requirements.

(7) Signage. Commercial messages shall not be displayed on any WCF. The only signage that is permitted upon an antenna support structure, base station, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high-contrast letters (minimum letter height of four inches) the following: HIGH VOLTAGE – DANGER.

(8) Sounds. Maximum permissible sound levels to intrude into the real property of another person from a wireless communication facility shall not exceed 45 dB(A). In the case of maintenance, construction, and emergencies these sound levels may be exceeded for short durations as required by the specific circumstance. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009).

18.42.110 Aesthetic, concealment and design standards for small wireless deployments.

Small wireless facility deployments whether permitted in the right-of way under Chapters 4.08 and 4.09 NPMC or permitted in accordance with this chapter shall conform to the following design standards:

(1) Small wireless facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:

(a) Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole, provided that such location does not interfere with the operation of the banners or signs.

(b) The furthest point of any antenna or equipment enclosure may not extend more than 20 inches from the face of the pole.

(c) 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.

(d) 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 16 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.

(e) 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.

(f) The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height.

(g) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(d) of this section.

(h) 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.

(2) Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria:

(a) 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 10 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.

(b) 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 10 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.

(c) Replacement wooden poles must 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.

(d) 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.

(e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.

(f) 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.

(g) A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 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 12 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.

(h) The furthest point of any antenna or equipment enclosure may not extend more than 20 inches from the face of the pole.

(i) An omni-directional 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.

(j) 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.

(k) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (5)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.

(l) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. 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; provided, that such location does not interfere with the operation of the banners or signs.

(m) 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.

(n) 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.

(o) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole.

(p) 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 conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.

(3) Small wireless facilities attached to existing buildings shall conform to the following design criteria:

(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.

(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.

(c) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building.

(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.

(e) 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.

(f) Small wireless facilities shall be painted and textured to match the adjacent building surfaces.

(4) Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:

(a) Each strand-mounted facility shall not exceed three cubic feet in volume;

(b) Only one strand-mounted facility is permitted per cable between any two existing poles;

(c) 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;

(d) No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;

(e) Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets;

(f) Pole-mounted equipment shall comply with the requirements of subsections (1) and (2) of this section;

(g) 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); and

(h) Strand-mounted facilities are prohibited on nonwooden poles.

(5) General Requirements.

(a) Ground-mounted equipment in the rights-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.

(b) No equipment shall be operated so as to produce noise in violation of Chapter 7.94 NPMC.

(c) 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 U.S.C. 253 and 332.

(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, city ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.

(e) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.

(f) 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 or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs are permitted as concealment element techniques where appropriate.

(g) 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.

(h) Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than 12 inches off the pole and for nonwooden poles no more than six inches off the pole.

(i) The preferred location of a small wireless facility on a pole is the location with the least visible impact.

(j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.

(k) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones.

(l) 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 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 applicant.

(m) 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.

(6) New Poles in the Rights-of-Way for Small Wireless Facilities and Installations in a Design District.

(a) New poles within the rights-of-way are only permitted if the applicant can establish that:

(i) 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;

(ii) The proposed small wireless facility receives approval for a concealment element design, as described in subsection (6)(c) of this section;

(iii) The proposed small wireless facility also complies with Shoreline, Growth Management Act, and SEPA, if applicable; and

(iv) No new poles shall be located in a critical area or associated buffer required by the city’s critical areas management ordinance, except when determined to be exempt pursuant to said ordinance.

(b) An application for a new pole is subject to a Type I review.

(c) 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 small wireless facility, including but not limited to fiber and power connections.

(d) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the development services department otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. 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. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to this section.

(i) If the director has already approved a concealment element design either for the applicant or another small wireless 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.

(e) Even if an alternative location is established pursuant to subsections (1)(a) and (b) of this section the director 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.

(f) 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 small wireless facility is more than 60 feet.

(g) 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. 979 § 2, 2019; Ord. 980 § 3, 2018).

18.42.120 Application process.

(1) Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the city, the city of Normandy Park has adopted this administrative process for the deployment of small wireless facilities. The city and applicant for a franchise 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. A franchise for the use of the city’s right-of-way is a contract which requires approval by the city council. The small wireless permits are issued by the director. Applicants are encouraged and expected to provide all related applications in one submittal unless they have already obtained a franchise.

(2) Application Process. The director is authorized to establish franchise and other application forms to gather the information required by these ordinances from applicants and to determine the completeness of the application process as provided herein. The application shall include Parts A, B, and C as described below.

(a) Franchise. The process typically begins with and depends upon approval of a franchise 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. A complete application for a franchise is designated as Part A. An applicant with a franchise for the deployment of small wireless facilities in the city may proceed to directly 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.

(b) Small Wireless Facility Permits. Part B of the application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in Chapter 4.08 NPMC.

(c) Associated Permit(s). Part C of the application shall attach all associated permit requirements such as applications or checklists required under the critical areas, shoreline or SEPA ordinances. Applicants for deployment of small wireless facilities in the city design district or for new poles shall comply with the requirements in NPMC 18.42.110.

(d) Leases. An applicant who desires to attach a small wireless facility to any utility pole or light owned by the city shall include an application for a lease as a component of its application. The director is authorized to approve leases in the form approved for general use by the city council for any utility pole or light pole in the right-of-way. Leases for the use of other public property, structures or facilities shall be submitted to the city council for approval. (Ord. 979 § 2, 2019).

18.42.130 Small wireless permit application.

The following information shall be provided by all applicants for a small wireless permit:

(1) The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections 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 a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify:

(a) The location of overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way along the proposed route;

(b) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.

(c) If the site location includes a replacement light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk 150 feet upstream and downstream of the existing light.

(d) Compliance with the aesthetic design and concealment requirements of NPMC 18.42.110.

(2) The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards from the pole owner, unless the pole owner is the city. Submission of the lease agreement between the owner and the applicant is not required. For city-owned poles or structures, the applicant must obtain a lease from the city prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the city to evaluate the usage of a specific pole.

(3) If the application is for a new or replacement light pole, then the applicant must provide a photometric analysis.

(4) The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.

(5) Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following:

(a) Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel.

(b) Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views.

(6) Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 13.12 NPMC. Further, any application proposing small wireless facilities in shoreline management zones or in critical areas must indicate that the application is exempt or complies with the review processes in NPMC Title 16.

(7) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities 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 which generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. The applicant may provide one emissions report for the entire small wireless deployment if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch.

(8) 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.

(9) 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 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility.

(10) A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings 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 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility.

(11) A traffic control plan when required by Chapter 10.48 NPMC.

(12) The small wireless facilities permit shall include those elements that are typically contained in the right-of-way use permit to allow the applicant to proceed with the build-out of the small wireless facility deployment.

(13) Recognizing that small wireless facility technology is rapidly evolving, the director is authorized to adopt and publish standards for the technological and structural safety of city-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city-owned structures. (Ord. 979 § 2, 2019).

18.42.140 Review process.

(1) Review. The following provisions relate to review of applications for a small wireless facility permit:

(a) In any zone, upon application for a small wireless permit, the city will permit small wireless deployment on existing or replacement utility poles conforming to the city’s generally applicable development and design standard adopted pursuant to NPMC 18.42.110, except as provided in subsection (2) of this section.

(b) Vertical clearance shall be reviewed by the director to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.

(c) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.

(2) Development Services Department. Small wireless deployment in the Manhattan Village subarea design district, as well as new non-city-owned poles, or replacement poles deviating from the pole design standards adopted pursuant to NPMC 18.42.110, are subject to additional review pursuant to that section.

(3) Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in Chapter 4.10 NPMC when the modification does not defeat the concealment elements of the small wireless facility.

(4) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. 253 and 332 and other applicable statutes, regulations and case law. Applicants for franchises and the 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. 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.

(5) Final Decision. Any decision by the director shall be final and not be subject to administrative appeals.

(6) Public Comment. 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. 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 neither a hearing nor a part of any land use appeal process.

(7) Withdrawal. Any applicant may withdraw an application submitted pursuant to this chapter at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee.

(8) Supplemental Information. Failure of an applicant to provide additional information as requested by the director as provided herein within 60 days of notice by the director shall be deemed a denial of that application unless an extension period has been approved by the director. (Ord. 979 § 2, 2019).

18.42.150 Permit requirements.

(1) The grantee of any permit shall comply with all of the requirements within the small wireless permit.

(2) Small wireless to be facilities installed pursuant to a small wireless facility permit may proceed to install the approved small wireless facilities without the need for an additional right-of-way use permit if construction is commenced within 30 days of approval by providing email or written notice to the director. Facilities approved in a small wireless permit in which installation has not commenced within 30 days of the approval of a small wireless facility permit shall apply for and be issued a right-of-way use permit to install such small wireless facilities in accordance with the standard requirements of the city for use of the right-of-way.

(3) Post-Construction As-Builts. Within 30 days after construction of the small wireless facility, the grantee shall provide the city with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.

(4) Permit Time Limit. Construction of the small wireless facility must be completed within six months after the approval date by the city. The grantee may request one extension to be limited to three months, if the applicant cannot construct the small wireless facility within the original six-month period.

(5) Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (Ord. 979 § 2, 2019).

18.42.160 Modifications to small wireless facilities.

(1) If a grantee desires to make a modification to an existing small wireless facility, 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.

(2) 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, does not impact the structural integrity of the pole, and does not require pole replacement. 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 facility. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with Chapter 10.48 NPMC. (Ord. 979 § 2, 2019).

18.42.170 Consolidated permit.

(1) The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the public works and the development services department. If the applicant requires a new franchise to utilize the right-of-way, the franchise approval may be consolidated with the small wireless facility permit review if requested by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a consolidated public works and land use permit and the issuance of a small wireless facility permit shall be governed by the time limits established by federal law for small wireless facilities.

(2) The general standards applicable to the use of the rights-of-way described in Chapter 10.48 NPMC shall apply to all small wireless facility permits. (Ord. 979 § 2, 2019).

18.42.180 Technical evaluation.

The city may retain the services of an independent technical expert such as a registered professional electrical engineer accredited by the state of Washington who holds a Federal Communications general radio telephone operator license. The engineer will provide technical evaluation of permit applications for WCFs. The applicant shall pay all the costs of said review. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009. Formerly 18.42.120).

18.42.190 Interference.

Whenever the city has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCFs, the following steps shall be taken:

(1) Upon notification by the city to WCF service providers potentially interfering with public safety communications equipment, the providers shall cooperate and coordinate among themselves the investigation and mitigation of the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety “Best Practices Guide,” released by the FCC in February 2001, including the “Good Engineering Practices,” as may be amended or revised by the FCC from time to time.

(2) If any WCF owner fails to cooperate with the city in complying with the owner’s obligations under this section or if the FCC makes a determination of radio frequency interference with the city public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the “Best Practices Guide” within 24 hours of the city’s notification. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009. Formerly 18.42.130).

18.42.200 Cessation of use.

(1) Antenna shall be removed, at the owner’s expense, from WCFs within 180 days after the antenna is no longer operational, unless the abandonment is associated with a consolidation, in which case the removal shall occur within 90 days of cessation of use.

(2) The whole WCF shall be removed, at the owner’s expense, within 180 days of the date the last antenna is removed.

(3) An owner wishing to extend the time for removal or reactivation shall submit a written request along with the appropriate documentation demonstrating the reason for such extension request. The city may extend the time for removal up to 90 additional days upon a showing of good cause with one additional 90-day extension. If the antenna support structure or antenna is not removed in a timely fashion, the city may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the city may cause removal of the antenna support structure with costs being borne by the current WCF owner or landowner.

(4) Upon removal of the WCF, base station, and ancillary structures, said area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current use of the land at the time of removal. The cost of rehabilitation shall be borne by the current WCF owner or landowner. (Ord. 979 § 2, 2019; Ord. 980 § 3, 2018; Ord. 821 § 1, 2009. Formerly 18.42.140).