A. 
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 town, the town of Yarrow Point has adopted this administrative process for the deployment of small wireless facilities. The town 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 town's right-of-way is a contract which requires approval by the town council. The small wireless permits are issued by the town representative and by the planning commission for new poles. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise.
B. 
Application Process. The town representative is authorized to establish franchise and other application forms to gather the information required by this chapter 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.
1. 
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 are 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 town may proceed to directly apply for a small wireless facilities 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 town has established a franchise format for use by all right-of-way users.
2. 
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 YPMC § 13.04.530.
3. 
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 on new poles shall comply with the requirements in Chapter 17.30 YPMC.
4. 
Leases. An applicant who desires to attach a small wireless facility to any utility pole or light owned by the town shall include an application for a lease as a component of its application. The town representative is authorized to approve leases in the form approved for general use by the town 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 town council for approval.
(Ord. 695 § 2, 2019)
The following information shall be provided by all applicants for a small wireless permit:
A. 
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:
1. 
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;
2. 
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.
3. 
Compliance with the aesthetic requirements of YPMC § 17.30.150.
B. 
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. To extent that the pole or structure is not owned by the property owner, the applicant shall demonstrate in writing that they have authority from the property owner to install the small wireless facility on the 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 town. Submission of the lease agreement between the owner and the applicant is not required. For town-owned poles or structures, the applicant must obtain a lease from the town 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 town to evaluate the usage of a specific pole.
C. 
If the application is for a new or replacement light pole, then the applicant must provide a photometric analysis.
D. 
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.
E. 
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:
1. 
Whether the proposed small wireless facility could be located on a street corner rather than in the middle of a block.
2. 
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.
3. 
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.
F. 
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 19.04 YPMC. Further, any application proposing small wireless facilities in shoreline management zones must indicate that the application is exempt or comply with the review processes in such codes.
G. 
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.
H. 
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.
I. 
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 and 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.
J. 
A traffic control plan developed through consultation with the town engineer.
K. 
The small wireless facilities permit shall include those elements that are typically contained in the right-of-way use permit (Chapters 12.24 and 12.30 YPMC) to allow the applicant to proceed with the build-out of the small wireless facility deployment.
L. 
If the application requires an equipment enclosure greater than 17 cubic feet, the applicant must notice and hold a public meeting for the town residents within 30 days of filing the complete application.
M. 
Recognizing that small wireless facility technology is rapidly evolving, the town is authorized to adopt and publish standards for the technological and structural safety of town-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to town-owned structures.
(Ord. 695 § 2, 2019)
A. 
Review. The following provisions relate to review of applications for a small wireless facility permit:
1. 
Only complete applications for small wireless facilities containing all required submission elements described in YPMC § 13.04.530 shall be considered by the city. Applications that are not made complete within 60 days of initial submission of application materials shall be deemed withdrawn.
2. 
In any zone, upon application for a small wireless permit, the town will permit small wireless deployment on existing or replacement utility poles conforming to the town's generally applicable development and design standards adopted pursuant to Chapter 17.30 YPMC, except as provided in subsection B of this section.
3. 
Vertical clearance shall be reviewed by the town representative to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
4. 
Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), town construction and sidewalk clearance standards, traffic warrants, town ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement pole or new pole must: be physically possible, not obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.
5. 
No equipment shall be operated so as to produce noise in violation of Chapter 8.04 YPMC.
6. 
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.
B. 
Deployments on New Poles or Deviations for Pole Design Standards. Small wireless deployment on new non-town-owned poles, or replacement poles deviating from the pole design standards adopted pursuant to YPMC § 17.30.150, are subject to review pursuant to YPMC § 17.30.160.
C. 
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 YPMC § 17.30.170 when the modification does not defeat the concealment elements of the small wireless facility.
D. 
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 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.
E. 
Collaborative Review. The town representative may require the applicant to produce a representative to collaboratively review application materials with town staff up to one time per week during the course of the town's review. The required applicant representative may include an engineer and/or a siting specialist with sufficient understanding of the project to knowledgeably address questions or concerns the town may have on the application. The town must provide seven days' notice to applicant of the date, time, location, anticipated scope of review, and requested participants for the meeting.
F. 
Final Decision. The town representative shall review and make a determination on all applications to site small wireless facilities, with the exception of new poles in the rights-of-way which is governed by YPMC § 17.30.160, consistent with this chapter as well as other applicable code provisions including, but not limited to, Chapter 17.30 YPMC. The town planner's decision shall be final and is appealable pursuant to YPMC § 17.30.190.
G. 
Shot Clocks. The town shall make every reasonable effort consistent with any applicable provisions of state or federal law, and the preservation of the city's health, safety and aesthetic environment, to comply with the federal presumptively reasonable time periods for review of facilities for the deployment of small wireless facilities to the fullest extent possible.
H. 
Public Comment. The town shall provide notice of a complete application for a small wireless facility permit on the town'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. The applicant is encouraged to host informational meetings for the public regarding the deployment. The town shall post meeting notices, if any, for informational meetings on its website. These meetings are entirely within the control of the applicant and are for the public's information and are neither town hearings nor part of any land use appeal process.
I. 
Withdrawal. Any applicant may withdraw an application submitted pursuant to YPMC § 13.04.530 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 town representative's decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of town costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the town planner's decision, there shall be no refund of all or any portion of such fee.
(Ord. 695 § 2, 2019)
A. 
The grantee of any permit shall comply with all of the requirements within the small wireless permit.
B. 
Small wireless 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 town planner. 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 town for use of the right-of-way.
C. 
Post-Construction As-Builts. Within 30 days after construction of the small wireless facility, the grantee shall provide the town with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.
D. 
Permit Time Limit. Construction of the small wireless facility must be completed within six months after the approval date by the town. 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.
E. 
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. 695 § 2, 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 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 Chapters 12.24 and 12.30 YPMC.
(Ord. 695 § 2, 2019)
A. 
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.
B. 
The general standards applicable to the use of the rights-of-way described in Chapters 12.24 and 12.30 YPMC shall apply to all small wireless facility permits.
(Ord. 695 § 2, 2019)