HomeMy WebLinkAboutCAP 2016-02-08 Item 2B - Ordinance - Wireless Communication Facilities Regulations UpdateCity of Tukwila
Allan Ekberg, Mayor
TO: Mayor Ekberg
Community Affairs and Parks
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
DATE: February 1, 2016
SUBJECT: Wireless Communication Facilities Updates
ISSUE
Updates to TMC 18.58, the Wireless Communication Facilities regulations, are needed to come into
compliance with new Federal Communication Commission (FCC) rules.
BACKGROUND
New regulations regarding wireless communication facilities were included in the Middle Class Tax
Relief and Job Creation Act of 2012 (Spectrum Act).' In that legislation Section 6409(a) provides, in
part, that "a State or local government may not deny, and shall approve, any eligible facilities request
for a modification of an existing wireless tower or base station that does not substantially change the
physical dimensions of such tower or base station." 2 The intention was to streamline approval of
technology updates by wireless carriers. The FCC elaborated this mandate into new rules that require
cities to approve qualified applications within 60 days, allow limited expansion at these sites and
clarify that these rules cannot be used to defeat any "stealthing" conditions that applied to the
original approval of the site.
DISCUSSION
These rule changes can be accommodated by minor edits to Tukwila's existing zoning regulations for
wireless communication facilities. The primary effect is to require that we issue permit decisions for
affected proposals within 60 days, rather than the current 120 day clock. As our review is generally
faster than that it should have little impact.
Staff has made the draft ordinance available to wireless industry representatives for their comments.
The issue of height exemptions for Bird Safety /Exclusionary devices was raised by the Port of Seattle,
who requested that carriers install bird exclusionary devices on existing towers within 5 miles of
SeaTac Airport to reduce the likelihood of bird strikes on airplanes and prevent injury to the birds.
• 90% of cell tower nests are Ospreys
• 5% of cell tower nests are Bald Eagles
• 2.5% of cell tower nests are Red - tailed Hawks
• 2.5% of cell tower nests are Great Horned Owls
' See Spectrum Act § 6409(a). Section 6409(a) has since been codified in the CommUnicatlons Act as 47 U.S.C. §
1455(a).
' Spectrum Act § 6409(a)(1).
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INFORMATIONAL MEMO
Page 2
AT &T also requested that we exempt single purpose cell towers from the Zoning building height
limits. Staff does not support this change as there are other options including co- location on existing
utility poles, building mounted installations and an existing height waiver process at 18.58.170 in the
case of particular hardship.
In addition to these changes we are proposing some housekeeping edits including:
• Clarifying when updating antenna technology is exempt from wireless permit review
• Replacing references to the Planning Commission with the Hearing Examiner per TMC
18.104.010
• Reflecting case law since 2006 when the chapter was rewritten
FINANCIAL IMPACT
These changes will not create a financial impact on the City as they do not affect the type or cost of
our wireless facility permitting.
RECOMMENDATION
The Council is being asked to forward this ordinance to the Planning Commission for a hearing and
recommendation. It could then return to Committee on March 14, and then move to the March 28
Committee of the Whole meeting for a hearing and subsequent April Regular Meeting.
ATTACHMENTS
A. Draft Ordinance Amending TMC 18.58
DCouncil Agenda Items\ DCD \Wireless_InfoMemoCAP2 -8.doc
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2251
§68, §69 AND §70, AND 2135 §1 (PART) AND §2 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 18.06.773,
18.58.030, 18.58.040, 18.58.050, 18.58.060, 18.58.070, 18.58.120,
18.58.130 AND 18.58.150, RELATING TO COLLOCATION,
REMOVAL AND REPLACEMENT OF WIRELESS FACILITIES;
ESTABLISHING NEW STANDARDS FOR ELIGIBLE FACILITIES
MODIFICATIONS AND NEW REGULATIONS ON EXPIRATION OF
WIRELESS FACILITY PERMITS, TO BE CODIFIED AS TUKWILA
MUNICIPAL CODE SECTIONS 18.58.200 AND 18.58.210
RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 1934 Congress enacted the Communications Act of 1934, creating
the Federal Communications Commission and granting it authority over common
carriers engaged in the provision of interstate or foreign communications services; and
WHEREAS, in 1996 Congress enacted Pub. L. No. 104 -104, 110 Stat. 70 (the
"1996 Act "), amending the Communications Act of 1934 and implementing regulations
applicable to both wireless and wireline communications facilities for the purpose of
removal of barriers to entry into the telecommunications market, while preserving local
government zoning authority except where specifically limited under the 1996 Act; and
WHEREAS, in the 1996 Act, Congress imposed substantive and procedural
limitations on the traditional authority of state and local governments to regulate the
location, construction, and modification of wireless facilities and incorporated those
limitations into the Communications Act of 1934; and
WHEREAS, the City has adopted regulations that have been codified as Tukwila
Municipal Code Chapter 18.58, "Wireless Communications Facilities," establishing local
requirements for the location, construction, and modification of wireless facilities; and
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WHEREAS, in 2012, Congress passed the "Middle Class Tax Relief and Job
Creation Act of 2012" (the "Spectrum Act ") (PL- 112 -96; codified at 47 U.S.C. §
1455(a)); and
WHEREAS, Section 6409 of the Spectrum Act (hereafter "Section 6409 ")
implements additional substantive and procedural limitations upon state and local
government authority to regulate modification of existing wireless antenna support
structures and base stations; and
WHEREAS, Congress, through its enactment of Section 6409, has mandated that
local governments approve, and cannot deny, an application requesting modification of
an existing tower or base station if such modification does not substantially change the
physical dimensions of such tower or base station; and
WHEREAS, the 1996 Act empowers the Federal Communications Commission (the
"FCC ") to prescribe such rules and regulations as may be necessary in the public
interest to carry out the provisions of the 1996 Act, and subsequently added portions of
the 1996 Act such as Section 6409; and
WHEREAS, the FCC, pursuant to its rule- making authority, adopted and released a
Notice of Proposed Rulemaking in September of 2013 (In re Acceleration of Broadband
Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13 -238,
13 -32; WC Docket No. 11 -59; FCC 13 -122), which focused in part upon whether or not
the FCC should adopt rules regarding implementation of Section 6409; and
WHEREAS, on October 21, 2014, the FCC issued its report and order, WT Docket
Nos. 13 -238, 13 -32; WC Docket No. 11 -59; FCC 14 -153, in the above described
proceeding (the "Report and Order" or "Order ") clarifying and implementing statutory
requirements related to state and local government review of infrastructure siting,
including Section 6409, with the intent of facilitating and expediting the deployment of
equipment and infrastructure to meet the demand for wireless capacity; and
WHEREAS, the rules adopted by the FCC in its Report and Order implementing
Section 6409 are intended by the FCC to spur wireless broadband deployment, in part,
by facilitating the sharing of infrastructure that supports wireless communications
through incentives to collocate on structures that already support wireless facilities; and
WHEREAS, the Report and Order also adopts measures that update the FCC's
review processes under the National Environmental Policy Act of 1969 ( "NEPA ") and
Section 106 of the National Historic Preservation Act of 1966 ( "NHPA "), with a particular
emphasis on accommodating new wireless technologies that use smaller antennas and
compact radio equipment to provide mobile voice and broadband service; and
WHEREAS, on January 5, 2015, the FCC released an Erratum to the Report and
Order making certain amendments to the provisions of the Report and Order related to
NEPA and Section 106 of the NHPA; and
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WHEREAS, that part of the Report and Order related to implementation of Section
6409 amends 47 C.F.R. Part 1 (PART 1 — PRACTICE AND PROCEDURE) by adding
new Subpart CC § 1.40001 and establishing both substantive and procedural limitations
upon local government application and development requirements applicable to
proposals for modification to an existing antenna support structure or an existing base
station ( "Eligible Facility Request Rules "); and
WHEREAS, the Order, among other things, defines key terms utilized in Section
6409, establishes application requirements limiting the information that can be required
from an applicant, implements a 60 -day shot clock and tolling provisions, establishes a
deemed approved remedy for applications not timely responded to, requires cities to
approve a project permit application requesting modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or
base station, and establishes development standards that govern such proposed
modifications, and
WHEREAS, the Report and Order provides that the Eligible Facility Request Rules
will be effective 90 days following publication in the Federal Register, and
WHEREAS, the Order was published in the Federal Register on Thursday, January
8, 2015, Federal Register; Vol. 80; No. 5, resulting in the Eligible Facility Request Rules
becoming effective on April 8, 2015; and
WHEREAS, the Order is subject to appeal; however, even if an appeal is filed, the
appeal will not automatically result in delay of implementation of the Eligible Facility
Request Rules; and
WHEREAS, the City Council finds that it is required under Section 6409 of the
Spectrum Act and the Eligible Facility Request Rules established in the Order to adopt
and implement local development and zoning regulations that are consistent with
Section 6409 and the Order; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365- 196 -630, a notice
of intent to adopt the proposed new development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for a 60 -day
review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, on the 25th day of February, 2016, the Planning Commission held a
duly noticed public meeting related to the proposed zoning regulations set forth in the
proposed ordinance; and
WHEREAS, the City Council considered the proposed zoning regulations on the
28th day of March, 2016; and
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WHEREAS, the City Council finds that the proposed zoning regulations are
reasonable and necessary in order to bring the City's development regulations into
compliance with the mandate imposed upon the City by Congress pursuant to Section
6409 and the regulations imposed upon the City by the FCC pursuant to its Report and
Order, and are therefore in the public interest,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 18.06.773 Amended. Ordinance No. 2135 §2 (part), as
codified at Tukwila Municipal Code (TMC) Section 18.06.773, is hereby amended to
read as follows:
"Significant Gap in Service, Wireless Communications" means a large geggr_area
gap in coverage, capacity, frequency, or technology such that I^fi+";^ ° gonnGe area(s) of
the— appliGa^+ on whiGh a— large — a substantial number of applicant's remote user
subscribers are unable to establish senneGt or maintain a enneGtO^^ tereliable wireless
service from the Rational telephone Re pork through applicant's wireless
+.teloG.,M,,-,U RiGatmenc network. A "dead spot" (defined as small less than significant areas
within a service area where the field strength is lower than the minimum level for reliable
service) does not constitute a significant gap in service.
Section 2. TMC Section 18.58.030, "Exemptions," Amended. Ordinance No.
2135 §1 (part), as codified at TMC Section 18.58.030, subparagraph 1, is hereby
amended to read as follows:
1. Wireless communication facilities permits are not required for
subparagraphs 1.a through 1.e of this section; however, a building permit may be
required for work on buildings:
a. Routine maintenance and repair of wireless communication facilities.
This shall not include, eXGludiRg StFUGtUral WeFk or _changes in height or dimensions of
antennas, or buildings; provided that the wireless communication facility
received approval from the City of Tukwila or King County for the original placement,
construction or subsequent modification.
b. Changing of antennas on wireless communication facilities is
permittedexempt from wireless facilities permits, provided the total area of the new
antennas and support structure is not increased more than 10% of the previous area or
the area is reducedhave- the - same ea or less of these removed. The total Rumbe; of
aRteT r'rnas must remain the same.
c. Changing antennas within a concealed building- mounted installation is
exempt provided there is no visible change from the outside.
d. Bird exclusionary devices may be added to towers and are not subject
to heiaht limitations.
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e. Additional ground equipment may be placed within an approved
equipment enclosure, provided the height of the equipment does not extend above the
screening fence.
Section 3. TMC Section 18.58.040, "Permits Required," Amended. Ordinance
Nos. 2251 §68 and 2135 §1 (part), as codified at TMC Section 18.58.040 subparagraph
I, is hereby amended to read as follows:
I. Any decision by the DCD Director, Director of Public Works, or Hearing
Examiner P a A4_gag Csmrna_-sien shall be given substantial deference in any appeal of a
decision by the City to either approve, approve with conditions, or deny any application
for a wireless communication facility.
Section 4. TMC Section 18.58.050 Amended. Ordinance Nos. 2251 §69 and
2135 §1 (part), as codified at TMC Section 18.58.050, are hereby amended to read as
follows:
18.58.050 Types of Permits— Priority— Restrictions
A. Applications will be reviewed based on the type of wireless communication
facilities requested to be permitted. Each wireless communication facility requires the
appropriate type of project permit review, as shown in Table A. In the event of
uncertainty on the type of wireless facility, the DCD Director shall have the authority to
determine how a proposed facility is incorporated into Table A.:
TABLE A
Type of Permit Required, Based on Type of Wireless Communication Facility
Zoning(l)
Type of Facility
Residential
Commercial
Industrial
TraRSMrOScirOR tower GO I0Gatl0r
T
Adding antennas to an existing tower or
utility pole
Type 1
Type 1
Type 1
Eligible facilities modification
Type 1
Type 1
Type 1
Utility pole replacement for co- location
Type 2
Type 2
Type 2
Concealed building attached
Type 2
Type 2
Type 1
Non - concealed building attached
Type 2
Type 2
Type 1
New tower or waiver request
Type 31
Type 3
T pe 3
Zoning for any private /public property or right -of -way:
Residential — LDR, MDR, or HDR.
Commercial — O, MUO, RCC, NCC, RC, RCM, TUC, C /LI or TVS.
Industrial — LI, HI, MIC /L, or MIC /H.
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(2) Provided the height of the tower or utility pole does not increase and the square footage of the
enclosure area does not increase.
(3) An applicant may request to install a non - concealed building attached facility, under TMC Section
18.58.1-540.
041n thiz izviznt ef unr_ertai ty on the type of a wireless f2G"ity, the DGID DireGtGr shall have the
B. The priorities for the type of wireless communication facility shall be based
upon their placement in Table A; most - desirable facilities are located toward the top and
least- desirable facilities toward the bottom. Any application for a wireless
communication facility must follow the hierarchy of Table A. For example, an applicant
must demonstrate by engineering evidence that using a transmission tower co- location
is not possible before moving to a utility pole co- location, and so forth, with the last
possible siting option being a new tower or waiver request.
C. The City's preferences for locating new wireless communications facilities are
as follows:
1. Place antennas on existing structures, such as buildings, towers, water
towers, or electrical transmission towers.
2. Place wireless communication facilities in non - residentially -zoned districts
and non - residential property.
3. Place antennas and towers on public property and on appropriate rights -of-
way if practical, provided that no obligation is created herein for the City to allow the use
of City property or public right -of -way for this purpose.
4. City Property /Public Rights -of -Way. The placement of personal wireless
communication facilities on City -owned property and public rights -of -way will be subject
to other applicable sections of the Tukwila Municipal Code and review by other
departments (i.e., Public Works, Parks and Recreation, etc.).
5. Wireless communication facilities shall not be permitted on property
designated as landmark or as part of a historic district.
D. Applicants shall submit all of the information required pursuant to TMC Section
18.104.060 and the following:
1. Type 1 — Applicant shall submit:
a. A completed application form provided by the Department of
Community Development.
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b. Four sets of plans prepared by a design professional. The plans shall
include a vicinity map, site map, architectural elevations, method of attachment,
proposed screening, location of proposed antennas, and all other information which
accurately depicts the proposed project. Minimum size is 8.5" by 11". Plans shall be no
greater than 24" x 36 ".
c. A letter from the applicant outlining the proposed project and an
evaluation from the applicant with regard to the City's Code requirements and whether
the proposal qualifies for review under Section 6409 of the Spectrum Act.
d. Information sufficient to determine whether a proposed facilities
modification per TMC Section 18.58.200 would be a substantial change to an existing
eligible support structure.
,de. Sensitive Area studies and proposed mitigation (if required).
ef. If an outdoor generator is proposed, a report prepared by an acoustical
engineer demonstrating compliance with TMC Chapter 8.22, "Noise." and
fg. SEPA Application (if required).
2. Type 2 – Applicant shall submit all information required for a Type 1
application, plus the following:
a. Four sets of photo simulations that depict the existing and proposed
view of the proposed facility.
b. Materials board for the screening material.
c. LandSEa,Rg —plaR. If landscaping is proposed, four sets of a
landscaping plan prepared by a Washington State - licensed architect.
d. Letter from a radio frequency engineer that demonstrates that the
facility meets Federal requirements for allowed emissions.
e. If the facility is located within a residential zone, a report from a radio
frequency engineer explaining the need for the proposed wireless communication
facility. Additionally, the applicant shall provide detailed discussion on why the wireless
communication facility cannot be located within a commercial or industrial zone. aad
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3. Type 3 — The applicant shall submit all the information required for Type 1
and Type 2 applications, plus the following:
a. All information required for new towers under TMC Section 18.58.060.
b. The radio frequency engineer report shall include a discussion of the
information required under TMC Section 18.58.89060. The report shall also explain
why a tower must be used instead of any of the other location options outlined in Table
4 A.
c. Provisions for mailing labels for all property owners and
tenants /residents within 500 feet of the subject property.
d. Engineering plans for the proposed tower.
e. A vicinity map depicting the proposed extent of the service area.
f. A graphic simulation showing the appearance of the proposed tower
and ancillary structures and ancillary facilities from five points within the impacted
vicinity. Such points are to be mutually agreed upon by the Director of DCD and
applicant. All plans and photo simulations shall include the maximum build -out of the
proposed facility.
g. Evidence of compliance with minimum Federal Communications
Commission (FCC) requirements for radio frequency emissions.
h. Evidence of compliance with Federal Aviation Administration (FAA)
standards for height and lighting and certificates of compliance from all affected
agencies.
i. Evidence that the tower has been designed to meet the minimum
structural standards for wireless communication facilities for a minimum of three
providers of voice, video or data transmission services, including the applicant, and
including a description of the number and types of antennas the tower can
accommodate.
Section 5. TMC Section 18.58.060, "New Towers," Amended. Ordinance Nos.
2251 §70 and 2135 §1 (part), as codified at TMC Section 18.58.060, subparagraphs
A.2, B.7 and B.8, are hereby amended to read as follows:
A. 2. Alternates — No existing tower or structure, or other feasible site or -ether
alterRatiye teGhRGlGgies not requiring a new tower in the City, can accommodate the
applicant's proposed wireless communication facility; and
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B. 87. The applicant demonstrates other limiting factors that render existing
towers and structures or other sites er alternative technelegies unsuitable.
All engineering and technclegical evidence must be provided and certified by a
registered and qualified professional engineer and clearly demonstrate the evidence
required.
Section 6. TMC Section 18.58.070, "General Requirements," Amended.
Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.070, subparagraphs 2
and 10, is hereby amended to read as follows:
2. Business license requirement – Any person, corporation or other business
entity that operates a wireless communication facility or owns a tower within the City
shall have a valid business license issued annually by the City. The business license
shall list all facility locations owned or operated by that entity within the City. Any
peFSOR, GOrperatiOR or etheF bmisiness entity whiGh owns a tower also is required to
ehtain a b iciness license OR an annual basis
10. Equipment Enclosure – Each applicant shall be limited to an equipment
enclosure of 360 square feet at each site. However, this restriction shall not apply to
enclosures located within an existing commercial, industrial, residential or institutional
building or eligible facilities modifications.
Section 7. Title Change to Section 18.58.120. Ordinance No. 2135 §1 (part), as
codified at TMC Section 18.58.120, is hereby amended to change the title of TMC
Section 18.58.120 to read as follows:
18.58.120 Utility Pole Replacement for Co- location
Section 8. TMC Section 18.58.130, "Towers— Specific Development
Standards," Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section
18.58.130, subparagraphs 1 and 3, is hereby amended to read as follows:
1. Height – Any proposed tower with antennas shall meet the height
standards of the zoning district where the tower will be located. Bird exclusionary
devices are not subject to height limitations.
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3. Setbacks — The proposed wireless communication facilities must meet the
setbacks of the underlying zoning district. If an exception is granted under TMC Section
18.58.480170 with regards to height, the setback of the proposed wireless
communication facilities will increase 2 feet for every foot in excess of the maximum
permitted height in the zoning district.
Section 9. TMC Section 18.58.150, "Landscaping /Screening," Amended.
Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.150 subparagraph A, is
hereby amended to read as follows:
18.58.150 Landscaping /Screening.
A. The visual impacts of wireless communication facilities may be mitigated and
softened through landscaping or other screening materials at the base of the tower,
facility equipment compound, equipment enclosures and ancillary structures, with the
exception of wireless communication facilities located on transmission towers, or if the
antenna is mounted flush on an existing building, or camouflaged as part of the building
and other equipment is housed inside an existing structure. The DCD Director, Director
of Public Works or Hearing Examiner , as appropriate, may reduce
or waive the standards for those sides of the wireless communication facility that are not
in public view, when a combination of existing vegetation, topography, walls, decorative
fences or other features achieve the same degree of screening as the required
landscaping; in locations where the visual impact of the tower would be minimal; and in
those locations where large wooded lots and natural growth around the property
perimeter may be sufficient buffer.
Section 10. Regulations Established. TMC Section 18.58.200, "Standards for
Eligible Facilities Modifications," is hereby established to read as follows:
18.58.200 Standards for Eligible Facilities Modifications
A. This section implements 6409 of the "Middle Class Tax Relief and Job
Creation Act of 2012" (the "Spectrum Act ") (PL- 112 -96; codified at 47 U.S.C. 1455(a)),
which requires the City to approve any eligible facilities request for a modification of an
existing tower or base station that does not substantially change the physical
dimensions of such tower or base station. The intent is to exempt eligible facilities
requests from zoning and development regulations that are inconsistent with or
preempted by Section 6409 of the Spectrum Act, while preserving the City's right to
continue to enforce and condition approvals under this chapter on compliance with
generally applicable building structural electrical, and safety codes and with other laws
codifying objective standards reasonably related to health and safety.
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B. Definitions.
1. "Base station" shall mean and refer to the structure or equipment at a fixed
location that enables wireless communications licensed or authorized by the FCC,
between user equipment and a communications network. The term does not
encompass a tower as defined in this chapter or any equipment associated with a
tower.
a. The term includes, but is not limited to, equipment associated with
wireless communications services such as private, broadcast, and public safety
services. as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
b. The term includes but is not limited to radio transceivers antennas
coaxial or fiber -optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed Antenna
Systems and small -cell networks).
c. The term includes any structure other than a tower that, at the time an
eligible facilities modification application is filed with the City under this chapter,
supports or houses equipment described in subparagraphs (a) and (b) of TMC Section
18.58.200.13, and that has been reviewed and approved under the applicable zoning or
siting process, or under another State, county or local regulatory review process, even if
the structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time a completed
eligible facilities modification application is filed with the City under this section, does not
support or house equipment described in subparagraphs (a) and (b) of TMC Section
18.58.200. B.
2. "Eligible facilities modification" shall mean and refer to any proposed
facilities modification that has been determined pursuant to the provisions of this
chapter to be subject to this chapter and that does not result in a substantial change in
the physical dimensions of an eligible support structure.
3. "Eligible support structure" shall mean and refer to any existing tower or
base station as defined in this chapter, provided it is in existence at the time the eligible
facilities modification application is filed with the City under this chapter.
4. "Existinq" shall mean and refer to a constructed tower or base station that
was reviewed and approved under the applicable zoning or siting process and lawfully
constructed.
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5. "Proposed facilities modification" shall mean and refer to a proposal
submitted by an applicant to modify an eligible support structure the applicant asserts is
subject to review under Section 6409 of the Spectrum Act, and involving_
a. collocation of new transmission equipment;
b. removal of transmission equipment; or
c. replacement of transmission equipment.
"Site" shall mean and refer to the current boundaries of the leased or
owned property surrounding a tower (other than a tower in the public rights -of -way) and
any access or utility easements currently related to the site and, for other eligible
support structures, shall mean and be further restricted to, that area in proximitV to
structure and to other transmission equipment already deployed on the ground.
7. "Substantial Change ". A proposed facilities modification will substantially
change the physical dimensions of an eligible support structure if it meets any of the
following criteria:
For towers not in the aublic riahts- of -way. it increases the heiaht of the
tower by more than 10% 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% or more than 10 feet, whichever is req ater.
Changes in height should be measured from the original support structure in cases
where deployments are or will be separated horizontally, such as on buildings' rooftops;
in other circumstances, changes in height should be measured from the dimensions of
the tower or base station, inclusive of originally approved appurtenances and any
modifications that were approved prior to the passage of the Spectrum Act.
b. For towers not 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 6 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 4 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 pre-
existing ground cabinets associated with the structure, or else involves installation of
ground cabinets that are more than 10% larger in height or overall volume than any
other ground cabinets associated with the structure.
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d. For any eligible support structure:
(1) it entails any excavation or deployment outside the current site;
(2) it would defeat the concealment elements of the eligible support
structure; or
(3) 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 non - compliant only in a manner that would not exceed the
thresholds identified in this section.
8. "Tower" shall mean and refer to any structure built for the sole or primary
purpose of supporting any antennas and their associated facilities, licensed or
authorized by the FCC, 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.
9. "Transmission Eauipment" shall mean and refer to equipment that
facilitates transmission for any wireless communication service licensed or authorized
by the FCC 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.
C. Proposed facilities modification applications are not subject to the application
requirements set forth in TMC Section 18.104.060.
D. City decisions on eligible facilities modifications shall be issued within 60 days
from the date the application is received by the City, subtracting any time between the
City's notice of incomplete application or request for additional information and the
applicant's resubmittal. Following a supplemental submission the City will respond to
the applicant within 10 days stating whether the additional information is sufficient to
complete review of the application. This timinq supersedes TMC Section 18.104.130.
E. If the City fails to approve or deny an eligible facilities modification within the
time frame for review, the applicant may notifV the City in writing that the review period
has expired and that the application has therefore been deemed granted.
F. Applicants and the City may bring claims related to Section 6409 (a) to any
court of competent jurisdiction.
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Section 11. Regulations Established. TMC Section 18.58.210, "Expiration of
Wireless Facility Permits," is hereby established to read as follows:
18.58.210 Expiration of Wireless Facility Permits
A wireless facility permit shall automatically expire one year after a Notice of Decision
approving the permit is issued unless a building permit conforming to plans for which
the wireless facility permit was granted is obtained within that period of time. If a
building permit is not required for the proposed work, such as changing antennas on an
existing tower, then the substantial construction of the proposed work shall be
completed within one year after a Notice of Decision approving the permit is issued. The
Director of Community Development may authorize a longer period for completion of
work if the applicant can demonstrate why additional time is required and submits a
written request for extension prior to expiration of the wireless facilities permit.
Section 12. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 13. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 14. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2016.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk :_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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