Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
5. Small wireless facilities may not encroach onto or over private property or <br />property outside of the right-of-way without the property owner's express written consent <br />pursuant to TMC Section 23.04.100.A.1. <br />B. Decision. All small wireless facility applications shall be reviewed and approved <br />or denied by the Director. The Director's decision shall be final and is not subject to <br />appeal under City code or further review by the City. <br />C. Eligible Facilities Requests. Small wireless facilities may be expanded <br />pursuant to an eligible facility request so long as the expansion: <br />1. does not defeat the specifically designated stealth techniques; and <br />2. incorporates the aesthetic elements required as conditions of approval set <br />forth in the original small wireless facility approval in a manner consistent with the rights <br />granted an eligible facility; and <br />3. does not exceed the conditions of a small wireless facility as defined by 47 <br />CFR 1.6002(1). <br />D. Public Notice. The City shall provide notice of a complete application for a small <br />wireless permit on the City's website with a link to the application. Prior to construction, <br />the applicant shall provide notice of construction to all impacted property owners within <br />100 feet of any proposed small wireless facility via a doorhanger that shall include an <br />email contact and telephone number for the applicant. Notice is for the public's <br />information and is not a part of a hearing or part of the land use appeal process. <br />E. Withdrawal. Any applicant may withdraw an application submitted at any time, <br />provided the withdrawal is in writing and signed by all persons who signed the original <br />application or their successors in interest. When a withdrawal is received, the application <br />shall be deemed null and void. If such withdrawal occurs prior to the Director's decision, <br />then reimbursement of fees submitted in association with said application shall be <br />reduced to withhold the amount of actual and objectively reasonable City costs incurred <br />in processing the application prior to time of withdrawal. If such withdrawal is not <br />accomplished prior to the Director's decision, there shall be no refund of all or any portion <br />of such fee. <br />F. Supplemental Information. Failure of an applicant to provide supplemental <br />information as requested by the Director within 60 days of notice by the Director shall be <br />grounds for denial of that application unless an extension period has been approved by <br />the Director. If no extension period has been approved by the Director, the Director shall <br />notify the applicant in writing that the application is denied. <br />G. Consolidated Permit. The issuance of a small wireless permit grants authority <br />to construct small wireless facilities in the rights-of-way in a consolidated manner to allow <br />the applicant, in most situations, to avoid the need to seek duplicative approval by both <br />the Public Works and the Community Development departments. As an exercise of police <br />powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right -of - <br />CC: Legislative Development\Ordinances\INTERIM Small wireless Communication Facilities 3-31-21 <br />EM:bjs Review and analysis by Barbara Saxton <br />Page 11 of 22 <br />16 <br />