In order to manage its right-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 while complying with the requirements of state and federal law, the City adopts Chapter 22.121 SVMC for the deployment of small cell and microcell technology. Service providers who seek to utilize the public right-of-way for small cell deployment in order to provide wireless communication, data transmission or other related services to the citizens of the City shall receive a valid franchise to provide the specific service seeking to utilize the small cell deployment. Entities with franchises who wish to utilize a small cell deployment to upgrade or expand their existing services shall utilize the processes set forth in Chapter 22.121 SVMC and implement small cell permits to deploy their technology and obtain design approval of specific installations.
A. 
Nothing in Chapter 22.121 SVMC revises or diminishes the rights and obligations of an existing franchise.
B. 
The term "small cell deployment" shall include the deployment of small cell facilities, micro cells and small cell networks as those terms are defined by RCW 80.36.375, as now adopted or hereafter amended. Small cell deployment elements which require SEPA review may utilize these processes only in conjunction with SEPA review.
(Ord. 18-007 § 8 (Exh. A), 2018)
The city manager is charged with administration of small cell deployment permitting and other wireless communication review processes established under Chapters 22.120, 22.121, and 22.122 SVMC.
(Ord. 18-007 § 8 (Exh. A), 2018)
A. 
Small Cell Deployments in Rights-of-Way. Small cell deployments in the public rights-of-way shall only be made pursuant (1) to a valid franchise with the City, and (2) in compliance with all federal, state, and local small cell permitting requirements.
B. 
Small Cell Deployments outside of Rights-of-Way. Small cell deployments outside of the public rights-of-way shall only be made in compliance with all federal, state, and local small cell permitting requirements.
(Ord. 18-007 § 8 (Exh. A), 2018)
A. 
Franchise Application. Service providers that desire to deploy small cell deployments in public rights-of-way shall apply for a franchise using the City's franchise application form and submit a fee deposit commensurate with the estimated administrative costs of processing on application for a franchise. Service providers seeking to utilize City rights-of-way for small cell deployments shall specify geographic boundaries for the small cell deployment described in the application and provide detailed schematics and visual renderings of the proposed facilities to be utilized. Phased development is permitted and an applicant is encouraged to specify at least the initial small cell deployment in its application.
B. 
Designation of Facilities. All applicants for franchises seeking to utilize small cell deployment shall provide the following information. Existing franchisees that seek to utilize a small cell deployment to expand, assist or implement an existing franchise may provide the information as a part of a small cell permit application for small cell deployment.
The applicant shall specify in the franchise application:
1. 
Whether and where small cell facilities are proposed to be located on existing utility poles;
2. 
Whether and where small cell facilities are proposed to be located on replacement utility poles, new poles, towers, and/or other structures and the type of replacement poles to be installed;
3. 
The conduit and/or ground-mounted equipment necessary for and intended for use in the small cell deployment, regardless of whether the additional facilities are to be constructed by the applicant or leased from an infrastructure provider;
4. 
Any facility which is eligible for or subject to the applicable federal review time periods under an eligible facilities request or as a collocation.
C. 
SEPA Review. Any application for a franchise which contains an element which is not exempt from SEPA review shall simultaneously submit an environmental checklist pursuant to Chapter 43.21C RCW and Chapter 21.20 SVMC.
D. 
Completeness. The city manager shall review a small cell franchise application for completeness and notify the applicant within 30 days of submission whether the application is complete; provided, however, that an applicant may consent to a different completeness review period. A service provider may resubmit an application determined to be incomplete within 30 days of notice by the city manager. Failure to resubmit an application within the 30-day period shall be deemed a withdrawal of that application. No application shall be deemed complete without the fee deposit set by the city manager.
(Ord. 18-007 § 8 (Exh. A), 2018)
A. 
Concurrent Small Cell Permit Application and Franchise Application. Rights granted under the franchise for construction, installation, and placement of small cell facilities shall be implemented through the issuance of small cell permits. The franchise application may be accompanied by one or more concurrent applications for a small cell permit to deploy small cells.
B. 
Small Cell Permit Application. A small cell permit application shall contain the following:
1. 
All small cell facility sites shall be specified. Up to 30 sites may be specified in one small cell permit application for processing. The application shall include sufficient information about each site and facility in order for the City to determine that it complies with the design and location standards set forth in SVMC § 22.121.060.
2. 
If the application includes small cell deployment in the public rights-of-way, a copy of the franchise application or reference to approved existing franchise shall be included. Approval for a small cell permit to install a small cell deployment shall be contingent upon approval of a small cell franchise or the possession of a valid small cell franchise.
3. 
If more than one application for a small cell permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application shall be considered first.
4. 
Any element of a deployment which qualifies as either an eligible facilities request or a collocation shall be specifically designated by the applicant and may be addressed separately by the city manager in order to comply with the applicable processing requirements established by federal law, state law, and Chapter 22.122 SVMC.
5. 
Any application for a small cell permit which contains an element which is not exempt from SEPA review shall simultaneously submit an environmental checklist pursuant to Chapter 43.21C RCW and Chapter 21.20 SVMC.
6. 
The applicant shall submit a sworn declaration under penalty of perjury signed by an RF engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and any other applicable regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility and associated wireless backhaul will operate. An existing franchisee applying for a small cell permit for small cell deployment shall provide an RF certification for all facilities included in the deployment.
7. 
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.
8. 
As applicable, the applicant shall provide written proof from any utility provider authorizing the applicant to use the utility provider's utility poles for a small cell deployment. The applicant shall also provide evidence of a professional engineer certification or other form of formal approval that the small cell deployment meets applicable structural standards for any impacted utility pole.
C. 
Completeness – Small Cell Applications. The city manager shall review an application for completeness and notify the applicant within 30 days of submission whether the application is complete; provided, however, that an applicant may consent to a different completeness review period. A service provider may resubmit an application determined to be incomplete within 30 days of notice by the city manager or designee. Failure to resubmit an application in a timely manner shall be deemed a withdrawal of that application. No application shall be deemed complete without the fee deposit set by the city manager.
D. 
The city manager may approve, deny or conditionally approve all or any portion of the sites proposed in the small cell permit application.
(Ord. 18-007 § 8 (Exh. A), 2018)
The following provisions relate to review of applications for a franchise or small cell permit for small cell deployments:
A. 
Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC 253 and 47 USC 332 and applicable case law. Applicants for franchises and the small cell 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 small cell permit application review under Chapter 22.121 SVMC shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
B. 
Design Review and Concealment. Small cell facilities shall conform to design, location, and concealment standards and be subject to design review as set forth in SVMC § 22.121.050.
C. 
Franchise Approval. Franchises shall be approved in the form of a City ordinance, and franchises may only be approved by the city council pursuant to its standard ordinance approval process; provided, however, that the City shall meet any applicable federal or state time processing requirements in reviewing and approving or denying a franchise application.
D. 
Other Conditions of Approval. Approval of a franchise, small cell permit and/or other approval referenced in Chapter 22.121 SVMC are conditioned on the following requirements:
1. 
Satisfy all applicable bulk requirements including but not limited to height, noise, light, and any other applicable zoning requirements;
2. 
Provide written proof of the approval of the owner of any utility pole for the installation of its facilities on such utility pole. Approval of a franchise does not authorize attachment to City-owned utility poles or other structures;
3. 
Unless specifically provided for in a franchise, obtain a lease from the City or provide proof of a lease between the City and the utility owner on whose poles the applicant is placing small cell utilities authorizing the utility owner to utilize the City's ground space for the installation of any new pole, a replacement utility pole over 60 feet or to locate any new ground based structure, base station or other attendant equipment on City right-of-way or City property;
4. 
Comply with applicable City approval processes for the collocation of facilities, or the installation of any new or replacement utility poles in the right-of-way; and
5. 
Comply with all City construction standards and state and federal codes when operating in the right-of-way and obtain a required permit to enter the right-of-way.
(Ord. 18-007 § 8 (Exh. A), 2018)
Small cell facilities shall be installed using stealth or concealment technology. Stealth or concealment technology applies to all small cell facilities, including, without limitation, antennas, towers and primary equipment enclosures. For any small cell facility, stealth or concealment technology means the use of both existing and future technology through which the small cell facility is designed to resemble or blend into an object which is already present in the local environment, such as a tree, streetlight, or traffic signal. It also includes:
A. 
For those portions of small cell facilities attached to or part of light, power, sign, or other poles:
1. 
For new poles, integrated within the pole unless technically infeasible. New poles shall be subject to any applicable City or industry standards;
2. 
For existing poles, integrated into the existing design of the pole to which it is attached, with external projections limited in size and scope to the greatest extent technically feasible, including but not limited to being as flush as possible to the pole, not projecting more than 15 feet vertically above the pole, and having architectural compatibility with the pole;
3. 
External projections shall be painted a color to resemble and match the pole so that they appear to be part of the pole;
4. 
Shall conform to any structural standards so as not to degrade the structural engineering of the pole to which it is attached;
5. 
Shall not interfere with the normal use for which the pole is intended, including but not limited to blocking any light designed to be dispersed from existing lighting fixtures installed on light poles, interfering with power lines on power poles, and obscuring any portion of the applicable sign-face on signs; and
6. 
Antennas – Unified Design Enclosures.
a. 
Antennas for small cell facilities shall be located inside of an antenna enclosure no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet.
b. 
In lieu of antennas and primary equipment enclosures, unified design enclosures are permitted; provided, that the overall dimensions of such designs shall not exceed six cubic feet in volume.
c. 
Antennas and unified design enclosures shall be located at least 20 feet above the base elevation of the ground unless technically infeasible.
B. 
Primary equipment enclosures shall be no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch. Primary equipment enclosures shall be buried below ground or locked and integrated into the surroundings unless technically infeasible. This shall include incorporating the facilities into the base of the pole, integrating into existing surrounding fixtures, such as garbage containers or other power boxes, and/or use of materials and colors that blend into the surrounding setting. Ground-mounted facilities shall not be located in an improved street or sidewalk. Ground-mounted facilities shall not be located in a stormwater facility, including stormwater swales. Unified design enclosures are permitted pursuant to SVMC § 22.121.060(A)(6).
C. 
For small cell facilities mounted on one or more building facades, stealth or concealment technology means use of color and materials such that the facility has architectural compatibility with the building. It shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project more than three feet above the wall on which it is mounted. Unified design enclosures are permitted pursuant to SVMC § 22.121.060(A)(6).
D. 
Advertising or display shall not be located on any small cell facility; however, the owner of the small cell facility shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site.
E. 
No artificial lights other than those required by the FAA or other applicable authority shall be permitted. Any security lights shall be down-shielded.
F. 
Small cell facilities that are not within the right-of-way shall meet the minimum primary structure setback requirements for the underlying zone.
G. 
Small cell facilities shall not be permitted inside a public park, public monument or private holding located within a public park or public monument.
H. 
Location. Small cell facilities shall not be located within 250 feet of any other small cell facility unless the applicant demonstrates that no other location can accommodate or is sufficient to meet the wireless service needs. In the event a small cell facility is required to be located within 250 feet of another existing small cell facility, the applicant shall make a good faith effort to collocate the new facility on the same pole or structure as the existing small facility in order to minimize impacts from new small cell facilities.
The City may require applicants to provide evidence of efforts for collocation. An applicant may demonstrate good faith efforts to collocate by providing written evidence from the other wireless provider(s) that they are unwilling or it is technically infeasible to collocate, or from pole or structure owners that they will not allow collocation or that it is technically infeasible to allow collocation.
(Ord. 18-007 § 8 (Exh. A), 2018)
A. 
The city manager shall review applications for small cell permits for small cell deployments approved by a franchise or small cell permit. The city manager may authorize minor deviations in the small cell permit from the dimensional design and concealment technologies referenced in the exhibits to the franchise or design standards where such deviation is necessary to allow the applicant to provide coverage and where such deviation either does not materially differ from the City's design and concealment standards or achieves equivalent or better integration.
B. 
Deviations in the dimensions or volume of small cell facilities which do not exceed the cumulative total provided by the definition of a small cell or microcell facility in RCW 80.36.375 shall be considered a minor deviation; provided, however, that they do not defeat the concealment features set by City's generally applicable design and concealment standards.
C. 
Small cell permits to install facilities including approval of minor deviations shall be processed within 60 days of receipt of a complete application and final approval of a franchise, whichever occurs last.
(Ord. 18-007 § 8 (Exh. A), 2018)
Any request for significant deviations from the approved small cell facilities design designated in the franchise, small cell permit or City's design standards shall be require a conditional use permit and shall be considered under the provisions of Chapter 22.120 SVMC and pursuant to the timelines established in SVMC § 22.122.030 and § 22.122.040. A significant deviation is not a substantial change. See Appendix A of the SVMC.
(Ord. 18-007 § 8 (Exh. A), 2018)