To manage its right-of-way in a thoughtful manner, the City of Lake Stevens has adopted this process for the deployment of small wireless facilities. Sections 14.62.130 through 14.62.210 shall not apply to the deployment of small wireless facilities. The process balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City while complying with the requirements of State and Federal law.
Service providers who seek to utilize the public right-of-way for small wireless facility deployment to provide wireless communication, data transmission or other related services must have a valid franchise to provide the specific service seeking to utilize the right-of-way and a right-of-way permit to deploy the technology. Entities with franchises who wish to utilize a small wireless facility deployment to upgrade or expand their existing services shall utilize the processes set forth in this chapter to deploy their technology and obtain design approval of specific installations.
A right-of-way permit in addition to a land use permit is required for small wireless facility deployment under the franchise, to the extent required under Section 14.62.080(b). An entity without a franchise shall apply for a consolidated permit which shall be processed concurrently as one master permit within the meaning of RCW 35.99.010(3) and 35.99.030. For entities with a valid franchise, see Section 14.62.240.
(a) 
Nothing in this part revises or diminishes the rights and obligations of an existing franchise.
(b) 
The term "small wireless facility deployment" shall include the deployment of small wireless facilities and small wireless facility networks as those terms are defined by this chapter.
(c) 
Existing franchisees with franchises that do not specifically permit small wireless facility deployment shall be required to either amend their existing franchise or enter a new franchise with the City.
(Ord. 1048, Sec. 2 (Att. A), 2019)
The following provisions relate to applications for a franchise or right-of-way permit for small wireless facility deployments:
(a) 
Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC Sections 253 and 332, Federal regulations and applicable case law. Applicants for franchises and the right-of-way permits which implement the franchise 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. Franchise and right-of-way permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(b) 
Third-Party Requirements.
(1) 
All installations of small wireless facilities must have permission from the pole/structure owner to install facilities on such structure.
(2) 
Governing Construction or Electrical Code. All installations of small wireless facilities shall comply with any governing construction or electrical code such as the National Electrical Safety Code, the National Electric Code or State electrical code, as applicable. All installations of ground-mounted or replacement structures shall comply with the City's adopted standards for construction in the right-of-way.
(3) 
Electrical Connection. The City is not responsible for providing electricity to small wireless facilities. Any third-party utility providing such electricity must obtain a franchise from the City prior to operating in the rights-of-way.
(4) 
Transport/Telecommunications Connection. The City is not responsible for providing transport connectivity (e.g., fiber) to small wireless facilities. Any third-party utility providing such transport connectivity must obtain a franchise from the City prior to operating in the rights-of-way.
(Ord. 1048, Sec. 2 (Att. A), 2019)
Small wireless facility deployments permitted in accordance with this chapter shall conform to the following design standards in addition to the City's adopted design guidelines as they relate to screening of utilities:
(a) 
Small wireless facilities attached to existing or replacement light poles and other poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
(1) 
Antennas and the associated equipment enclosures (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 to the extent technically feasible flush-mounted to the pole, meaning no more than six inches off of the pole for nonwooden poles and no more than 12 inches off the pole for wooden poles, 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.
(2) 
The furthest point of any equipment enclosure may not extend more than 28 inches from the face of the pole, unless proven technically infeasible.
(3) 
All conduit, cables, wires and fiber must be routed internally in the light pole if nonwooden 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.
(4) 
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 or be compatible with 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/or integrated with the pole for nonwooden poles and shall be concealed either within the canister antenna or within a sleeve between the antenna and pole on a wooden pole.
(5) 
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.
(6) 
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 for adequate clearance from electrical wires, whichever is greater.
(7) 
The diameter of a replacement pole shall comply with the City's sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the pole.
(8) 
The use of any 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.
(9) 
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 pole on which they are attached.
(10) 
Antennas should be placed to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume, not to exceed a maximum of 12 cubic feet.
(11) 
An omni-directional antenna may be mounted on the top of an existing 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.
(12) 
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.
(13) 
Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (d)(2) of this section. 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.
(14) 
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, do 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 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.
(15) 
All cables and wires shall be routed through conduit along the outside of a wooden pole. The outside conduit shall be colored or painted to match or be compatible with the wooden pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facilities.
(b) 
Small wireless facilities attached to existing buildings shall conform to the following design criteria:
(1) 
Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme.
(2) 
The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(3) 
New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building.
(4) 
Small wireless facilities shall utilize the smallest mounting brackets necessary to provide the smallest offset from the building.
(5) 
Skirts or shrouds shall be utilized on the sides and bottoms of antennas to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
(6) 
Small wireless facilities shall be painted or colored and textured to match or be compatible with the adjacent building surfaces.
(c) 
Small wireless facilities mounted on cables (strand-mounted) strung between existing utility poles shall conform to the following standards:
(1) 
Each strand-mounted facility shall not exceed three cubic feet in volume;
(2) 
Only two strand-mounted facilities are permitted per cable between any two existing poles;
(3) 
The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;
(4) 
No strand-mounted device shall be in or above the portion of the roadway open to vehicular traffic;
(5) 
Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by other parties, such as an electrical provider;
(6) 
Pole-mounted equipment shall comply with the requirements of subsection (a) of this section; and
(7) 
Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).
(d) 
General Requirements.
(1) 
Single-Facility Installation. Each utility pole may not contain more than one small wireless facility provider.
(2) 
Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed under ground 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.
(3) 
Equipment Enclosure Location and Dimensions. The applicant shall minimize the primary equipment enclosure space and use the smallest amount of enclosure possible to fit the necessary equipment. The primary equipment enclosure shall be located using the following methods in priority order, unless a lower priority method minimizes visual impact:
(i) 
For nonwooden poles, concealed completely within the pole or pole base. If within the pole base, the base shall meet the ADA requirements and not impact the pedestrian access route.
(ii) 
Located on a pole. If located on a pole, the equipment enclosure and all other wireless equipment associated with the pole shall be the minimum amount necessary and shall not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet.
(iii) 
Underground in a utility vault. If located underground, the access lid to the primary equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirement if located within an existing pedestrian access route.
(iv) 
On private property. If located on private property, the applicant shall submit a copy of an executed easement or lease agreement with the private property owner prior to the right-of-way permit issuance. In addition, if the private property is zoned residential, the applicant shall comply with the permit requirements for WCF in this chapter.
(4) 
No equipment shall be operated to produce noise in violation of Chapter 9.56.
(5) 
Replacement poles and new poles along with all support structures shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, City ordinances, and State and Federal laws and regulations 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.
(6) 
Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
(7) 
No signage, message or identification other than the manufacturer's identification or identification required by governing law can 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; provided, that signs are permitted as concealment element techniques where appropriate.
(8) 
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.
(9) 
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, as measured from the surface of the pole to the inside edge of the antennas or equipment, and for nonwooden poles no more than six inches off the pole, unless technically infeasible.
(10) 
The preferred location of a small wireless facility on a pole is the location with the least visible impact.
(11) 
Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached.
(12) 
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.
(13) 
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.
(14) 
These design standards are intended to be used solely for 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 or have the effect of prohibiting the provision of wireless services, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
Examples of a Well-Designed Small Wireless Facility
Images used courtesy of Valmont Structures Small Cell Solutions
Examples of a Poorly Designed Small Wireless Facility
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
The following areas are hereby designated "design zones" for this chapter. Design zones shall include the following districts:
(1) 
All zones within Lake Stevens Center Subarea.
(2) 
All zones within the 20th Street SE Corridor Subarea.
(3) 
All zones within the Downtown Lake Stevens Subarea.
(b) 
Any applicant who desires to place a small wireless facility in a design zone must first establish that the applicant cannot locate the small wireless facility outside of the design zone. Applications for small wireless facilities in a design zone may be approved if the applicant demonstrates that due to technical infeasibility the applicant cannot locate the proposed small wireless facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design zone.
(c) 
Small wireless facilities within the Downtown Lake Stevens Subarea shall not be placed on new decorative light standards unless technologically infeasible to locate on structures outside of the right-of-way and provide sufficient coverage.
(d) 
Applications for small wireless facilities within design zones must receive a land use approval and comply with a concealment element design described in Section 14.62.260(b), in addition to the requirements in Section 14.62.280.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
New poles within the rights-of-way are only permitted if the applicant can establish that:
(1) 
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 on existing structures or poles in 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;
(2) 
Any new pole complies with the generally applicable requirements of Section 14.62.240(d);
(3) 
The proposed small wireless facility receives approval for a concealment element design, as described in subsection (b) of this section;
(4) 
The proposed small wireless facility also complies with the Shoreline Management Act, and SEPA, if applicable; and
(5) 
No new poles shall be in a critical area or associated buffer required by the City's critical areas management ordinance (Chapter 14.88), except when determined to be exempt pursuant to said ordinance.
(b) 
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.
(1) 
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 zone, 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.
(2) 
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.
(c) 
Even if an alternative location is established pursuant to subsection (a)(1) 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.
(d) 
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. The requirement also applies to the placement of replacement poles when the replacement is necessary for the installation or attachment of the small wireless facility, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than 60 feet.
(e) 
These design standards are intended to be used solely for 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 or have the effect of prohibiting the provision of wireless services, alternative forms of concealment or deployment may be permitted which provide similar or greater protections of the streetscape.
(Ord. 1048, Sec. 2 (Att. A), 2019)
Applicants for small wireless facilities shall apply using the City's franchise application form and submit a fee per the City's fee schedule to process an application for a franchise. The Director of Public Works is charged with administration of small wireless facility deployments and other wireless communication review processes established under this title. All franchise applications shall designate the entire City right-of-way as the franchise boundary.
(Ord. 1048, Sec. 2 (Att. A), 2019)
The rights granted under the franchise are implemented through the issuance of right-of-way permits. The franchise application may be accompanied by one or more applications for a right-of-way permit to deploy a small wireless facility. An initial franchise and all related right-of-way permit applications shall be processed concurrently as one master permit under Chapter 35.99 RCW.
(a) 
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 and/or with similar pole designs.
(b) 
Issuance of a right-of-way permit to install a small wireless facility deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.
(c) 
The Director may approve, deny or conditionally approve all or any portion of the sites proposed in the right-of-way permit application; provided, that the denial of one or more small cell facilities in a consolidated application shall not delay the processing of any other small wireless facility or related poles submitted in the same consolidated application.
(Ord. 1048, Sec. 2 (Att. A), 2019)
In areas of the City where overhead utility lines have been undergrounded (undergrounded areas), in designated design zones (see Section 14.62.250), and in other areas where necessary to permit full use of the public right-of-way by pedestrians, bicycles and other users, all ground-mounted equipment shall be undergrounded in a vault meeting the City's construction standards. The location of ground-mounted equipment (to the extent undergrounding such equipment is not technologically feasible), a replacement pole or street light shall comply with the Americans with Disabilities Act (ADA), City development standards, and State and Federal regulations to provide a clear and safe passage within the public right-of-way. Ground-mounted equipment is also permitted on private property adjacent to the public right-of-way with a recorded easement or lease agreement and permit in accordance with requirements of this chapter.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
Underground Districts. The City requires the undergrounding of new utilities, which would include all support equipment including, but not limited to, any backhaul or electricity, but not antennas and their support structures for small wireless facilities in all areas of the City except within the rights-of-way along the following roads:
(1) 
State Route 9;
(2) 
State Route 92;
(3) 
State Route 204;
(4) 
Lundeen Parkway from SR 9 to Callow Road;
(5) 
20th Street NE except between 118th Avenue NE and 127th Avenue NE;
(6) 
20th Street SE.
(b) 
In areas designated as underground districts and where other utilities are located underground, a service provider or infrastructure company desiring to locate any aboveground infrastructure in support of a small wireless facility deployment shall demonstrate that it is technologically infeasible to incorporate support facilities within proposed or existing light poles or in a vault underground. In such cases the applicant shall submit a concealment element plan in accordance with the provisions of Section 14.62.240.
(c) 
In areas designated as underground districts where existing utilities are currently located above ground, small wireless facilities may be located above ground with the submission of a concealment element plan in accordance with the provisions of Section 14.62.240. Such facilities may remain until such time that other utility lines and poles are placed underground, at which time an applicant may request that a small wireless facility be installed on a new street light consistent with the requirements of Section 14.62.310 and if no existing street light exists to host the SWF.
(Ord. 1048, Sec. 2 (Att. A), 2019)
With the express permission of the City, a replacement utility pole or a new utility pole may be permitted in the form of a new street light standard. The design of the street light standard shall be in accordance with adopted City construction standards when located outside of a design zone or underground district. Replacement utility poles/new street light standards located within a design zone shall conform to the adopted streetscape design standard for the design zone and those located within an underground district shall be approved with a concealment element plan. Wherever technologically feasible, all equipment and cabling shall be internal to the replacement or new street lighting standard.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
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.
(b) 
A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility, 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 Section 14.56.250.
(Ord. 1048, Sec. 2 (Att. A), 2019)
Small wireless facility permits, and right-of-way permits to allow installment of small cell facilities in the public rights-of-way, may be consolidated through the provisions in Section 14.16A.220(g).
(Ord. 1048, Sec. 2 (Att. A), 2019)