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HomeMy WebLinkAboutCOW 2021-04-12 Item 5A - Ordinance/Resolution - Interim Small Wireless Facility Code AdoptionCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 04/12/21 ESC ITEM INFORMATION ITEM NO. 1 STAFF SPONSOR: JOEL BUSH ORIGINAL AGENDA DATE: 04/12/21 AGENDA ITEM TITLE Ordinance adopting a new interim code section related to Small Cell Wireless Facilities CATEGORY Int Discussion 04/12/21 E Motion Mtg Date 111 Resolution 111 Ordinance E Bid Award Mtg Date E Public Hearing Mtg Date E Other Altg Date Mtg Date Mtg Date 04/12/21 Mtg Date04/12/21 SPONSOR ❑ Council ❑ Mayor 7 HR ❑ DCD ❑ Finance ❑ Fire ►1 TS ❑ P&R [ Police [ P[1 ' SPONSOR'S Technology has changed dramatically in the last 10 years and the time has come for an SUMMARY update to the Tukwila Municipal Code as it relates to wireless facilities. With the advent of Small Wireless Facilities and the FCC's involvement implementing tight shot -clocks on review, it is proposed that Tukwila adopt an interim code whilst undertaking the longer course of developing permanent regulations. REVIEWED BY /1 Trans&Infrastructure [ CommunitySvs/Safety ❑ Finance Corn 7 Planning/Economic Dev. [ Arts Comm. ❑ Parks Comm. 7 Planning Comm. COMMII`IEE CHAIR: VERNA SEAL ❑ LTAC DATE: 04/12/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Technology and Innovation Services Transportation and Infrastructure Services COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/12/21 MTG. DATE ATTACHMENTS 04/12/21 Informational Memorandum dated 04/01/21 Draft Interim Small Wireless Facility Ordinance Draft Fee Schedule Resolution 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Joel Bush, Technology and Innovation Services Director BY: Eric Compton, Franchise and Technology Specialist CC: Mayor Ekberg DATE: April 1, 2021 SUBJECT: Interim Small Wireless Facility Code Adoption ISSUE On advice from legal counsel, adopt an emergency interim code regulating Small Wireless Facilities (SWF) in Tukwila while the City undergoes the process of developing permanent standards through the standard legislative process and adopt an accompanying update to the fee schedule to account for associated small wireless permit fees. BACKGROUND Wireless communications technology has pivoted from large cell towers that were designed to transmit frequencies over long distance to small wireless facilities that are designed to increase capacity. The Federal Communications Commission ("FCC") adopted new regulations regarding local municipalities authority to regulate the deployment of small wireless communications. These regulations include the presumptively reasonable review timelines and fee thresholds, and design and aesthetic requirements. In order to account for those changes in Federal law, the City needs to update its municipal code. DISCUSSION The proposed interim code is modeled after a recently adopted code in the City of Federal Way. It incorporates the FCC regulations and sets forth a permitting process and aesthetic requirements for small wireless facilities. These changes will improve staff efficiency by providing a well-defined framework for staff to review permits and clear expectations for applicants regarding where and how they can locate their facilities. Drafting and adopting a permanent version of this code, will begin immediately following the adoption of the interim code. Staff expects that the code will undergo an internal iterative process before being sent out for review by industry and GMA/SEPA. A final version of the code is anticipated to be completed at the end of September 2021. FINANCIAL IMPACT No negative financial impact will result from adopting this code. The interim code does require an associated permit fee for the small wireless facility permit, as permitted under the FCC regulations. Those proposed fees are reflected in the accompanying fee schedule. RECOMMENDATION The Committee is being asked to forward the interim code and accompany fee schedule resolution to Committee of the Whole and Special Meeting to adopt this interim code for a term of six months while staff develops permanent regulations through the standard legislative process. ATTACHMENTS Draft Interim Small Wireless Facility Ordinance Draft Fee Schedule Resolution 3 4 of Tukwila Washington on Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390, AMENDING ORDINANCE NOS. 2498 §2 AND 2135 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 18.58.030, "EXEMPTIONS,"TO EXEMPT SMALL WIRELESS FACILITIES FROM TMC CHAPTER 18.58, "WIRELESS COMMUNICATION FACILITIES ADOPTING A NEW TMC TITLE 23, "SMALL WIRELESS COMMUNICATION FACILITIES," AUTHORIZING AND ESTABLISHING PERMITTING REGULATIONS AND AESTHETIC AND DESIGN STANDARDS FOR THE DEPLOYMENT OF SMALL WIRELESS FACILITIES; ESTABLISHING 6 MONTHS AS THE EFFECTIVE PERIOD; HOLDING A PUBLIC HEARING ON THE INTERIM REGULATIONS, ADOPTING SUPPORTIVE FINDINGS PROVIDING FOR SEVERABILITY DECLARING A PUBLIC EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, in a constantly evolving industry, telecommunications providers are beginning to utilize a new type of technology commonly known as "small cell" facilities (herein "small wireless facilities") to implement higher bandwidths and increased demands for data; and WHEREAS, the Federal Communications Commission ("FCC") has issued rules and regulations which limit local government's ability to regulate the deployment of small wireless facilities, but which allow local governments to adopt regulations affecting the aesthetics and design standards for small wireless facilities; and WHEREAS, the FCC allows the City to adopt aesthetic standards for deployment of small wireless facilities that will require utilization of a consolidated process emphasizing administrative review in order to comply with federal safe harbors or presumptively reasonable time limits for review; and CC: Legislative Development1Ordinances\INTER IM Small wireless Communication Facilities 21 EMbis Review and analysis by Barbara Saxton Page 1 of 22 5 WHEREAS, the City Council finds that the existence of federal regulations requiring the enactment of administrative procedures and processes which can comply with the new presumptive federal safe harbors need to be in place imrnediately in order to comply with such requirements; and WHEREAS, the potential conflict between City land use review timelines and the preemptive federal shot clocks creates a time sensitive emergency; and WHEREAS, the City is authorized by state law, including RCW36.70A.390 and RCW 35A.63.220, to expeditiously adopt interim zoning ordinances while permanent regulations are developed, vetted and processed through the City's standard legislative procedures; and WHEREAS, the City Council may adopt interim regulations for a period of up to six months so long as the City Council holds a public hearing on the interim regulations as required by RCW 35A.63220 within 60 days of adoption of the interim regulations. A duly -noticed public hearing on this interim zoning ordinance was held on April 12, 2021 to solicit and receive public comment on this interim zoning ordinance; and WHEREAS, pursuant to Washington Administrative Code (WAC) 197-11-880, the adoption of this interim zoning ordinance is exempt from the requirements of a threshold determination under the Washington State Environmental Policy Act (SEPA). A SEPA Checklist will be prepared, and a determination will be issued for the proposed final regulations; and WHEREAS, the City Council finds that the use of the interim zoning ordinance will allow the City to implement an interim process to develop the necessary processes and procedures for small wireless facilities while providing a meaningful opportunity for citizens to provide input regarding design, concealment and other aesthetic standards within the longertirne frame permitted by use of an interim zoning ordinance; and WHEREAS, the City Council finds that an emergency exists and immediate adoption of interim zoning regulations as set forth herein for up to six months is necessary for the immediate preservation of the public peace, property, health or safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWI A, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to establish interim permitting and aesthetic requirements and revisions to the Tukwila Municipal Code in response to the enactment of regulations by the FCC for a period of six months, or until such earlier time as permanent regulations may be adopted. CC:Legislative Development\ Ordinances\ INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton 6 Page 2 of 22 Section 2. Findings of Fact. The Tukwila City Council hereby adopts and incorporates the recitals set forth above as Findings of Fact justifying the interim development regu lation s adopted by th is ordinance pu rsuantto the requirements of RCW 35A.63.220. The City Council also finds this ordinance necessary in orderto address the possibility of processing an application for small wireless facilities in the City within the presumptive safe harbor review periods proscribed by the FCC. As such, a public emergency exists requiring thatth is ordinance take effect immediately upon passage. Section 3. Tukwila Municipal Code (TMC) Section 18.58.030 Amended. Ordinance Nos. 2498 §2 and 2135 §1 (part), as codified at TMC Section 18.58,030, "Exemptions," is hereby amended by adding the following subparagraph 18.58.030(10): 18.58.030 Exemptions 10. Small wireless facilities as defined by TMC Section 23.04.030. Section 4. New Regulations Established. The Tukwila Municipal Code is hereby amended by the addition of a new Title 23, "Small Wireless Communication Facilities," to read as follows: TITLE 23 SMALL WIRELESS COMMUNICATION FACILITIES Chapter 23.04 — Small Wireless Facility Regulations Sections: 23.04.010 Purpose and Scope 23.04.020 Exemptions 23.04.030 Definitions 23.04.040 Federal regulatory requirements 23.04.050 Small wireless facility application process 23.04.060 Small wireless facility application requirements 23.04.070 Small wireless facility review criteria and process 23.04.080 Small wireless facility permit requirements 23.04.090 Small wireless facility modification 23.04.100 Small wireless facility aesthetic, concealment, and design standards 23.04.110 Removal of abandoned small wireless facility 23.04.120 Revocation of permit Section 5. TMC Section 23.04.010 is hereby established to read as follows: 23.04.010 Purpose and Scope A. The purpose of this chapter, in addition to implementing the general purposes of the Comprehensive Plan and development regulations, is to regulate the activities of permitting, placement, construction and modification of small wireless facilities in order to protect the health, safety and welfare of the public while not unreasonably interfering with the development of a competitive wireless telecommunications marketplace within the City. CC: Legislative Development1Oniinances\INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton Page 3 of 22 7 B. This chapter provides permitting and review regulations as well as aesthetic, design and concealment standards for the construction of small wireless facilities both inside and outside of the public right-of-way. It also provides siting options at appropriate locations within the City to su pport existing commu n ications tech n ologies, to adapt to new technologies as needed, and to minimize associated safety hazards and visual impacts. The siting of small wireless facilities on existing buildings and structures, colocation of facilities on a single su pport stru ctu re and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the City. Section 6. TMC Section 23.04.020 is hereby established to read as follows: 23.04.020 Exemptions The following facilities are exempt from the provisions of this chapter and shall be permitted con sistentwith the applicable developmentstan dards outlined in the Land Uses Table in TMC Chapter 18.09: 1. Wireless Communications Facilities (WCFs) used for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of illustration and not limitation, any communications systems utilized by first responders such as police or fire. 2. Industrial processing equipment and scientific or medical equipmentusing frequencies regulated by the FCC. 3 Citizen band radios or antennas operated by federal licensing amateur ("ham") radio operators. 4. Satellite dish antennas less than two meters in diameter, including direct -to - home satellite services, when used as secondary use of the property. 5. Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length, so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. 6. Eligible facilities requests. See TMC Section 18.58.200. Section 7. TMC Section 23.04.030 is hereby established to read as follows: 23.04.030 Definitions For the purposes of this chapter, the following terms shall have the meaning ascribed to them below. 1. "Antenna(s)" in the context of small wireless facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radiofrequency ("RF") radiation, to be operated or operating from a fixed location pu rsu antto FCC authorization , forth e provision of personal wireless an d any commingled CC: Legislative Development\Ordinances\PNTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton 8 Page 4 of 22 information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15. 2. "Antenna equipment," consistent with 47 CFR 1.1320(d), means equ ipment, switches, wiring, cabling, powersou rces, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collocated on a structure, are mounted or installed at the sarne time as the antenna. 3. "Applicant" means any person submitting an application for a small wireless facility permit pu rsu ant to this Chapter. 4. "Collocation" means: a. Mounting or installing antenna equipment on a preexisting structure; and/or b. Modifying a structure for the purpose of mounting or installing antenna equipment on that structure. 5. "Director" means the Public Works Director or designee. 6. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. 7. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. 8. "Permittee" means a person who has applied for and received a small wireless facility permit pursuant to this chapter. 9, "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 10. "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals. 11. "Public right-of-way" or "right-of-way" means land acquired or dedicated for public roads and streets but does not include: a. State highways; b. Land dedicated for road, streets, and highways not opened and not improved for motor vehicle use by the public; c. Structures, including poles and conduits, located within the right-of-way, d. Federally granted trust lands or forest board trust lands; CC: Legislative Developrnent\Ordinanc,es\ INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton Page 5 of 22 9 e. Lands owned or managed by the state parks and recreation commission; or f. Federally granted railroad rights-of-way acquired under43 U.S.C. 912 and related provisions of federal law that are not open for motor vehicle use. 12. "Service provider" shall be defined in accord with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless cornmu n ications. 13. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1). 14. "Stealth Technique" means stealth techniques specifically designated as such at the time of the original approval of the small wireless facility for the purposes of rendering the appearance of the small wireless facility as something fundamentally different than a small wireless facility including but not limited to the use of non reflective materials, appropriate colors, and/or a concealment canister. 15. "Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna equipment, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services). 16. "Telecommunications service" shall be defined in accord with RCW 35.99.010(7). 17. "Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication 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. 18. "Traffic signal pole" means any structure designed and used primarily for support of traffic signal displays and equipment, whetherfor vehicular or nonmotorized users. 19. "Transmission equipment" means equipmentthatfacilitates transmission for any FCC -licensed or authorized wireless communication service, 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 communication services including, but not limited to, private, broadcast, and pu blic safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 20. "Unified enclosure" means a small wireless facility providing concealment of antennas and equipment within a single enclosure. CC: Legislative Development\ Ordi nances \ INTERIM SmaU Wireless Communication Facilities 3-31-21 EM:bis Review and analysis by Barbara Saxton 10 Page 6 of 22 21. "Utility pole" means a stru ctu re designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. 22. "Wireless communications facilities" or CF" means facilities used for personal wireless services. 23. "Wireline" means services provided using a physically tangible means of transmission including, without limitation, wire or cable, and the apparatus used for such transmission. Section 8. TMC Section 23.04.040 is hereby established to read as follows: 23.04.040 Federal regulatory requirements A. These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any small wireless facilitythat has been certified as cornpliantwith all FCC and other govemrnentregulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns. B. Small wireless facilities shall be subject to the require ents of this Code to the extent that such requirements: 1. Do not unreasonablydiscriminate among providers of functionallyequivalent services; and 2. Do not prohibit or have the effect of prohibitingwiretess service within the City. Section 9. TMC Section 23.04.050 is hereby established to read as follows: 23.04.050 Small wireless facility application process A. Applicability. An y application fora small wireless facility both inside and outside of the public right-of-way shall comply with the application requirements for a small wireless facility permit described in this chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to TMC Chapter 11.32. B. Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by TMC Section 23.04.060 and, to the extent relevant, has submitted all the applicable items in TMC Section 23.04.050.0 and the City has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities deployment at any time subject to the commencement of a new completeness review time period for permit processing. CC: Legislative Development \Ordinances\ INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis 4, Barbara Saxton Page 7 of 22 11 C. Application Components. The Director is authorized to establish franchise and other application forms to gather the information required from applicants to evaluate the application and to determine the completeness of the application as provided herein. The application shall include the following components as applicable: 1. Franchise. If any portion of the applicant's facilities are to be located in the right-of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the requirements in TMC Chapter 11.32. An application for a franchise may be submitted con cu rrentiy with an application for small wireless facility permit(s). 2. Small Wireless Facility Permit. The applicantshall submita small wireless facility permit application as required in the small wireless facility application requirements established in TMC Section 23.04.060 and pay the applicable permit fee as set forth in the fee schedule adopted by resolution of the City Council and which may be amended by the City Council from time to time. 3. Associated Application(s) and Checklist(s). Any application for a small wireless permit which contains an element not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and TMC Title 21. Further, any application proposing small wireless facilities in a shoreline area (pursuant to TMC Chapter 18.44) or an environmentally sensitive area (pursuant to TMC Chapter 18.45) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities for new poles shall comply with the requirements in TMC Section 23.04.100.E. 4. Leases. An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the City shall obtain a lease as a component of its application. Utility poles and the use of other public property, structures or facilities including, but not limited to any park land or facility, require City Council approval of a lease or master lease agreement. Section 10. TMC Section 23.04.060 is hereby established to read as follows: 23.04.060 Small wireless facility application requirements The following information shall be provided by all applicants fora 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 an d/or other structures. The applicant shall specify ground -mounted equipment, conduit, junction boxes arid fiber and power connections necessaryfor and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify: CC: Legislative Development\Ordinances\ INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton 12 Page 8 of 22 1. The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which the project area shall include the location of the fiber source and power source). Further, the applicant shall include 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 50 feet of the proposed project area. 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 significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of TMC Chapter 11.20. 3 The applicant's plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant's construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small cell facility. 4. A photometric analysis of the roadway and sidewalk within 150 feet of th e existing light if the site location includes a new or replacement light pole. 5. Compliance with the applicable aesthetic requirements pursuant to TMC Section 23.04.100. B. The applicantmustshow written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with TMC Section 23.04.060.F, from the pole owner, u n less th e pole own er is the City. For City -owned poles or structures, the applicant shall obtain a lease from the City prior to or concurrent with the small wireless facility permit application so the City can evaluate the use of a specific pole. C. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs. D. The applicant shall submit a sworn affidavit signed by a Radio Frequency(RF) engineer with knowledge of the proposed project affirming that the small wireless facility 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 that generate RF radiation necessary to the small CC: Legislative Development \Ordinances1INTERIM Small Wireless Communication Facilities3-31-21 EM:bjs Review and analysis by Barbara Saxton Page g of 22 13 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 from the entire installation. The applicantmay provide one emissions report for the entire batch of small wireless facility application s 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. E. The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. F. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes. G. A right-of-way use permit application as required by TMC Section 1 .08.010. H. Proof of a valid City of Tukwila business license. I. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the structural safety of City - owned poles and structures, and to formulate and publish application questions for use when an applicant seeks to attach to City -owned poles and structures. J. Such other information as the Director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. Section 11. TMC Section 23.04.070 is hereby established to read as follows: 23.04.070 Small wireless facility review criteria and process. A. The following provisions relate to the review of applications for a small wireless facility permit: 1. In any zone, upon application fora small wireless permit, the City will permit small wireless facilities only when the application meets the criteria of TMC Chapter 23.04. 2. Vertical clearance shall be reviewed by the Director to ensure the small wireless facilities will not pose a hazard to other users of the rights-of-way. 3. Replacement poles, new poles, and ground-rnounted equipment shall only be permitted pursuant to the applicable standards in TMC Section 23.04.100. 4. No equipment shall be operated so as to produce noise in violation of TMC Chapter 8.22. CC: Legislative Development \Ordinances\ INTERIM Small Wireless Communication Facilities 3-31-21 EM:b.is Review and analysis by Barbara Saxton 14 Page 10 of 22 5. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way withoutthe property owner's express written consent pursuant to TMC Section 23.04.100.A.1. B. Decision. All small wireless facilityapplications shall be reviewed and approved or denied by the Director. The Director's decision shall be final and is not subject to appeal under City code or further review by the City. C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facility request so long as the expansion: 1. does not defeat the specifically designated stealth techniques; and 2. incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and 3. does not exceed the conditions of asmalt v Tireless facility as defined by47 CFR 1.6002(1). D. Public Notice. The City shall provide notice of a complete application fora small wireless permit on the City's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is nota part of a hearing or part of the land use appeal process. E. Withdrawal. Any applicant may withdraw an application su bmitted 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 Director's decision, then reimbursement of fees submitted in association with said application shall be reduced to withhold the amount of actual and objectively reasonable City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be no refund of all or any portion of such fee. F. Supplemental Information. Failure of an applicant to provide supplemental information as requested by the Director within 60 days of notice by the Director shall be grounds for denial of that application unless an extension period has been approved by the Director. If no extension period has been approved by the Director, the Director shall notify the applicant in writing that the application is denied. G. Consolidated Permit. 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 Pu blic Works and the Commun ity Developmentdepartments. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right -of - CC: Legislative Development\©rdinances\INTERIM Small EM:bjs Review and analysis by Barbara Saxton e s Communication Faiites3-1-21 Page 1 'I of 22 15 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 th e time limits established by federal law for small wireless facilities. The general standards applicable to the use of the rights-of-way described in TMC Chapter 11.08 shall apply to all small wireless facility permits. Section 12. TMC Section 23,04.080 is hereby established to read as follows: 23.04.080 Small wireless facility permit requirements. A. Permit Compliance. The permittee shall comply with all of the requirements within the small wireless facility permit. B. Post -Construction As-Builts. Upon request, the permittee shall provide the City with as-builts of the small wireless facilities within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken. C. Construction Time Limit. Construction of the small wireless facility must be completed within 12 months after the approval date by the City. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12 -month period. D. Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism of the smallwireless facility and shall keep the site neat and orderly, including butnot limited to following any rnaintenance or modifications on the site. E. Operational Activity. The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request one extension for an additional six-month period if the permittee can show that such operational activity is delayed due to in abilityto con n ectto electrical or backhaul facilities. Section 13. TMC Section 23.04.090 is hereby established to read as follows: 23.04.090 Small wireless facility modification A. If a permittee desires to modify their small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipmentenclosure, placing additional pole -mounted or ground -mounted equipment, or modifying the stealth techniques, then the permittee shall apply for a new small wireless permit. CC: Legislative Development1Ordinances1 INTERIM Small Wireless Communication Facilities 3-31-2 EM:bjs Review and analysis by Barbara Saxton 16 Page 12 of 22 B. A small wireless 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 stealth techniques used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. An annual blanket right-of-way permit will be required for such routine maintenance, repair, or replacement and can cover all facilities owned by the applicant. Section 14. TMC Section 23.04.100 is hereby established to read as follows: 23.04.100 Small wireless facility aesthetic, concealment, and design standards A. All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable: 1. Except for locations in the right-of-way, small wirelessfacilities are prohibited on any property containing a residential use in a residential zone; provided that where small wireless facilities are intended to be located more than 400 feet from a right-of-way and within an access easement over residential property, the location may be allowed if: a. the applicant affirms they have received an access easement from the property owner to locate the facility in the desired location; and b. the property owner where the facility will be installed has authority to grant such permission to locate the facility and related equipment at the designated location pu rsuant to the terms of the access easement; and c. the installation is allowed by, and con sistentwith , the access easement; and d. such installation will n ot frustrate the purpose of the easement or create any access or safety issue; and e. the location is in compliance with all land use regulations such as, but not limited to, setback requirements 2. In the event power is later undergrounded in an area where small wireless facilities are located above ground on utility poles, the small wireless facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in TMC Section 23.04.100.E. 3. Ground -mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground, 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 stealth technique plan substantially conforming to the applicable standards in TMC Section 23.04.100.E.3 and comply with the Americans with Disabilities Act ("ADA"), City construction standards, and state and CC:Legislative Development\Ordinances\ INTERIM Small Wireless Communication Facilities 3-3121 EM:bjs Review and analysis by Barbara Saxton Page 13 of 22 17 federal regulations in order to provide a clear and safe passage within the public rights- of-way. Generators located in the rights-of-way are prohibited. 4. No signage, message, or identification other than the manufacturers identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equ ipment enclosures and be of the min imu m amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as stealth techniques technique where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted. 5. 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 the stealth techniques requirements pursuantto TMC Section 23.04.100.E.3. 6. The design standards in this chapter are intended to be used solely for the purpose of con cealmentan d siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. B. General Pole Standards. In addition to complying with the applicable general standards in TMC Section 23.04.100.A, all small wireless facilities on any type of utility pole shall conform to the following general pole design requirements as well as the applicable pole specific standards: 1. The preferred location of a small wireless facility on a pole is the location with the least visible impact. 2. 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 neither be applied to limit the number of permits issued when no altemative sites are reasonably available nor to impose a technological requirement on the applicant. 3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 USC 253 and 332. 4. Replacement poles and new poles shall comply with the Americans with Disabilities Act, City construction and sidewalk clearance standards, City development standards, City ordinances, and state and federal laws and regulations in order 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 pu blic welfare, health, or safety. CC: Legislative Development\Ordinances1 INTERIM Small Wireless Communication Fadilties 3-31-21 EM:bjs Review and analysis by Barbara Saxton 18 Page 14 of 22 5. Replacement poles shall be located as near as possible to the existing pole, but in no event furtherthan five feet from the existing pole, and the existing pole shall be removed. 6. Side arm mountsforantennas orequipmentmustbethe min imumextension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole. 7. The use of the 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. C. Nonwooden Pole Design Standards. In addition to complying with the applicable general standards in TMC Section 23.04.100.A and TMC Section 23.04.100.B, small wireless facilities attached to existing or replacement nonwooden poles in side or outside the right-of-way shall conform to the following design criteria: 1. Upon adoption of a City standard small wireless facility pole design(s)within the City's Infrastructure Design and Construction Standards, an applicant shall first consider using or modifying the standard pole design to accommodate its small wireless facility without substantially changing the outward visual and aesthetic character of the design. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the City's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as described in this TMC Section 23.04.100.C., subsections 2 through 8. 2. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is 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 flush -mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessaryforthe intended purpose, not to exceed the volu metric 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, or the small wireless facility. For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole. 3. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. CC: Legislative Development\ordinances\INTERIM Smalt wireless Communication Faciliities3- 1-21 EM:bjs Review and analysis by Barbara Saxton Page 15 of 22 19 4. All conduit, cables, wires, and fiber must be routed internally in the 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. 5. An antenna on top of an existing pole may notextend more than 6 feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, u n less th e applicantcan demonstrate that more space is needed. The antennas shall be integrated into the pole design so that they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas, which shall not require screening. To the extent tech n ically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. 6. Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way. 7. The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. 8. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearan ce requirements and sh all, to the extent technicallyfeasible, 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 equipmentwithin the base of the pole. D. Wooden Pole Design Standards. In addition to complying with the applicable general standards in TMC Section 23.04.100.A and TMC Section 23.04.100.B, small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, th at the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unlessa further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 2. A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unlessa further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or CC: Leg islative Development \Ordi nances\ INTERIM small SmaII WirelessCommunication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton 20 Page 16 of 22 clearance from electrical and wirelinefacilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. 3. 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. 4. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall not be more than a 25 percent in crease of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner. 5. All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be min imized to the n u mber tech n ically necessary to accommodate the small wireless facility. 6. 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 wooden pole on which they are attached. 7. Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. 8. Antennas should be placed in an effort to minimize visual c utter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume. 9. A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in TMC Section 23.04.100.D.1. A canisterantenna mounted on the top of a wooden poleshall notexceed 16 inches in diameter, measured at the top of the pole and, to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the can isteranten n a orwith in a sleeve between the antenna and th e wooden pole. 10. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. CC: Legislative Development \ Ordinances\INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton Page 17 of 22 21 11. An omnidirectional antenna may be mounted on the top of an existing wooden 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. All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner. 13. Equ ipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to TMC Section 23.04.100.A.3. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipmentassociated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipmentenclosure(s)behind any ban ners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. 14. An applicantwho desires to enclose both its antennas and equipmentwithin 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 inchesfrom the surface of the pole, unless a furtherdistance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as 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. E. Standards for small wireless facilities on new poles in the rights-of-way. In addition to complying with the applicable general standards in TMC Section 23.04.100.A and TMC Section 23.04.100.B, small wireless facilities proposed to be attached to new poles shall comply with following: 1. New poles within the rights-of-way are only permitted if the applicant can establish that: a. The proposed small wireless facility cannot be located on an existing utility pole, electrical transmission tower, or on a site outside of the public rights-of-way such as 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; and CC: Legislative Development1Ordi nances\ INTERIM SmaIl Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton 22 Page 18 of 22 b. The proposed small wireless facility receives approval for a stealth technique design, as described in TMC Section 23.04.100.E.3; and c. The proposed small wireless facility also complies with the Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and d. No new poles shall be located in a critical area or associated buffer required by the City's Environmentally Sensitive Areas ordinance, TMC Chapter 18.45, except when determined to be exempt pursuantto said ordinance. 2. An application for a new pole is subject to administrative review by the Di rector. 3. All new poles shall conform to the City's standard pole design adopted in the City's Infrastructure Design and Construction Standards. If no existing metered service is available, the applicant shall provide new metered electrical service. If the City's standard pole design is technically infeasible, the new pole shall meet the following: a. The stealth technique design shall include the design of the screening, fencing, or other concealment technology for the pole, equipment enclosure, and all related transmission equipmentor facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. b. The stealth technique 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 district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Director otherwise approves a variation due to aesthetic or safety concerns. Any stealth technique 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 stealth technique 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 wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pu rsu ant to TMC Section 23.04.100.A and TMC Section 23.100.B. c. If the Director has already approved a stealth technique 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 stealth technique design, unless it can show that such stealth technique design is not technically feasible, or that such design would undermine the generally applicable design standards adopted pursuantto TMC Section 23.04.100.A and TMC Section 23.100.B. CC: Legislative Development \Ordinances\ INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbera Saxton Page 19 of 22 23 d. Even if an altemative location is established pursuantto TMC Section 23.04.100.E.1.a, 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 stealth technique design, the City's Comprehensive Plan and the added benefits to the community. e. 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 master lease agreement from the City to locate such new pole or ground -mounted equipment. This requirementalso appliesto replacement poles that are tallerthan the replaced pole, when the overall heightof the replacement pole and the proposed small wireless facility is more than 60 feet. F. Standards for small wireless facilities attached to cables. In addition to complying with the applicable general standards in TMC Section 23.04.100.A, all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards: 1. Each strand-mou nted facility shall not exceed three cu bic feet in volu me, 2. Only one strand -mounted facility is permitted per cable between any two existing poles on an existing cable; 3. The strand -mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than five feet from the pole unless that location is technically infeasible or is not allowed by the pole own erfor safety clearance; 4. No strand -mounted device shall be located 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 equ ipmentcabinets or required by a third party electrical service provider; and 6. Pole -mounted equ iprnentsh all co ply with the require ents of TMC Section 23.04.100.A and TMC Section 23.04.100.B. 7. Such strand -mounted devices must be installed to cause the least visual impact and without excess exterior cabling orwires (other than the original strand). G. Standards for small wireless facilities attached to existing buildings. In addition to complying with the applicable general standards in TMC Section 23.04.100.A, all 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. CC: Legislative Development \Ord' nances1 INTERIM Small Wireless Communication Facilities 3-31-21 EM:bjs Review and analysis by Barbara Saxton 24 Page 20 of 22 4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. 5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. 6. To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces. Section 15. TMC Section 23.04.1101s hereby established to read as o ows: 23.04.110 Removal of abandoned small wireless facility Any small wireless facility that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for a continuous period of 12 months shall be considered abandoned, and the owner of such facility shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned faciiityshall resultin the City declaring the facility a public nuisance. If there are two or more users of a single pole or structure, then this section shall notbecome effective until all users cease using the tower. Section 16. TMC Section 23.04.120 is hereby established to read as follows: 23.04.120 Revocation of permit A permit issued un derth is chapter may be revoked, suspended or denied for any one or more of the following reasons: 1. Failure to comply with any federal, state, or local laws or regulations. 2. Failure to comply with the terms and conditions imposed by the City on the issuance of a permit. 3. When the permit was procured by fraud, false representation, or omission of material facts. 4. Failure to comply with federal standards for RF emissions. Section 17. Public Hearing. Pursuantto RCW 35A.63.220 and RCW 36.70A.390, the City Council held a public hearing on April 12,2021 at 7:00 p.m. in order to take public testimony concerning the interim ordinance. Section 18. Duration of Interim Controls. This interim ordinance shall be in effectfor six months, commencing on April 12,2021, unless renewed or unless a final ordinance is adopted amending the Tukwila Munidpal Code and rescinding the interim controls. CC: Legislative Development\Ordi nances1 INTERIM Small SmaU Wireless Communication Fadlities 3-31-21 EM:bjs Review and analysis by Barbara Saxton Page 21 of 22 25 Section 19. 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 th is 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 20. Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional orinvalid, such decision shall notaffect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Section 21. Declaration of Emergency; Effective Date; Sunset. Based upon the findings set forth above, the City Council hereby declares a public emergency requiring this ordinance to take effect immediately, upon its passage by a majority plus one of the whole membership of the City Council. This ordinance shall accordingly be in full force and effect immediately upon passage and shall remain effective for a period of six months unless terminated earlier or subsequently extended by the City Council. PROVIDED, that the City Council may, in its sole discretion, renew the interim zoning regulations setforth herein for one or more six month periods in accordance with state law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy, 01F aherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Al an Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC: Legislative Development \Ordinances\ INTERIM Small Wireless Communication Facilities 3- 1-21 EM:bjs Review and analysis ty Barbara Saxton 26 Page 22 of 22 of Tukwila Washington Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING RESOLUTION NO. 2012, THE CITY'S CONSOLIDATED PERMIT FEE SCHEDULE, TO INCLUDE FEES FOR SMALL WIRELESS COMMUNICATION FACILITY PERMITS. WHEREAS, on April 12, 2021, the Tukwila City Council adopted Ordinance No. 2652, which established interim permitting procedures and design guidelines for small wireless communication facilities; and WHEREAS, the City's Consolidated Permit Fee Schedule needs to be updated to include fees for small wireless communication facility permits issued under TMC Chapter 23.04; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution No. 2012 is hereby amended to add a new section to Section 4, "Land Use Fee Schedule," of the Consolidated Permit Fee Schedule for Small Wireless Communication Facility Permits to read as follows: Decision Type 2021 Fee 2022 Fee Plus Nearing Examiner Fee Plus Technology Fee (TF) SMALL WIRELESS COMMUNICATION FACIL TY PERMITS {TMC Chapter 2 .04} $500 non-recurring fee per application, which covers up to 5 small wireless communication facilities (SWF), and $100 for each additional SWF beyond 5 $500 for up to 5 $100 for each additional $500 for tap to 5 $100 for each additional + TF Non-recurring fee per application for each new pole intended to support one or more SWF $1000 $1000 + fl= Recurring site fee (per year) far locating a SWF on City property $270 $270 CC:\Legislative Development\Small Wireless Commit kation Fac ilitypermitfees 4-2-21 EM::bjs Review and analysis by Barbara Saxton Page 1of2 27 Section 2. Effective Date. This resolution shall take effect immediately upon passage. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a a Special Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: ChristyO'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CCALeg is lative Developrnent \ Small VVi rel es s Co mrtnnication Facility perrnit fees 4-2-21 EM bjs Review and analysis by Barbara Saxton Page 2 of 2 28