HomeMy WebLinkAboutTIS 2021-04-12 Item 2B - Ordinance/Resolution - Interim Small Wireless Facility Code AdoptionCity 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 9, 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
{EFM2393923.DOCX;1/13175.000001/ }
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DRAFT
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
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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 immediately 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 RCW 36.70A.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.63.220 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 longer time 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 TUKWILA,
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.
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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 regulations adopted by this ordinance pursuant to the requirements of RCW
35A.63.220. The City Council also finds this ordinance necessary in order to 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 that this 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.
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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 support existing communications technologies, 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 support structure 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 consistent with the applicable development standards 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 equipment using
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
pursuant to FCC authorization, for the provision of personal wireless and any commingled
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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
equipment, switches, wiring, cabling, power sources, 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 same time as the antenna.
3. "Applicant" means any person submitting an application for a small
wireless facility permit pursuant 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;
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e. Lands owned or managed by the state parks and recreation
commission; or
f. Federally granted railroad rights-of-way acquired under 43 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
communications.
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 nonreflective
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, whether for vehicular or nonmotorized
users.
19. "Transmission equipment" means equipment that facilitates 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 public 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.
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21. "Utility pole" means a structure 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 "WCF" 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
facility that has been certified as compliant with all FCC and other government regulations
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 requirements of this Code to the
extent that such requirements:
1. Do not unreasonably discriminate among providers of functionally equivalent
services; and
2. Do not prohibit or have the effect of prohibiting wireless 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. Any application for a 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.
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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 concurrently with an application for small wireless facility permit(s).
2. Small Wireless Facility Permit. The applicant shall submit a 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 for a small wireless permit.
A. The application shall provide specific locational information including GIS
coordinates of all proposed small wireless facilities and specify where the small wireless
facilities will utilize existing, replacement or new poles, towers, existing buildings and/or
other structures. The applicant shall specify ground -mounted equipment, conduit,
junction boxes and fiber and power connections necessary for 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:
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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 the
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 applicant must show written approval from the owner of any pole or structure
for the installation of its small wireless facilities on such pole or structure. 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, unless the pole owner 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
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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 applicant may provide one emissions report for the entire
batch of small wireless facility applications 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 11.08.010.
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 for a 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 -mounted 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.
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5. Small wireless facilities may not encroach onto or over private property or
property outside of the right-of-way without the property owner's express written consent
pursuant to TMC Section 23.04.100.A.1.
B. Decision. All small wireless facility applications 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 a small wireless facility as defined by 47
CFR 1.6002(1).
D. Public Notice. The City shall provide notice of a complete application for a 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 not a part of a hearing or part of the land use appeal process.
E. Withdrawal. Any applicant may withdraw an application submitted 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 Public Works and the Community Development departments. As an exercise of police
powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a right -of -
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way use permit, but instead a consolidated public works and land use permit and the
issuance of a small wireless facility permit shall be governed by the time limits established
by federal law for small wireless facilities. 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 small wireless facility and shall keep the site neat
and orderly, including but not limited to following any maintenance 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 inability to connect to 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 equipment enclosure,
placing additional pole -mounted or ground -mounted equipment, or modifying the stealth
techniques, then the permittee shall apply for a new small wireless permit.
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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 wireless facilities 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 pursuant to the terms of the access easement; and
c. the installation is allowed by, and consistent with, the access easement;
and
d. such installation will not 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
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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 manufacturer's
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
equipment enclosures and be of the minimum 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 pursuant to TMC Section 23.04.100.E.3.
6. The design standards in this chapter are intended to be used solely for the
purpose of concealment and 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 alternative 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 public welfare, health, or safety.
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5. Replacement poles shall be located as near as possible to the existing pole,
but in no event further than five feet from the existing pole, and the existing pole shall be
removed.
6. Side arm mounts for antennas or equipment must be the minimum extension
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 inside 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 necessary for the intended purpose, not to
exceed the volumetric 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.
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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 not extend 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, unless the applicant can 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 technically 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 clearance requirements and shall, to the extent technically feasible, 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 equipment within 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, that the replacement
pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole,
unless a 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, unless a 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
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clearance from electrical and wireline facilities. 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 increase 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 minimized to the number technically 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 clutter 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 canister antenna mounted on the top of a wooden pole shall not exceed
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 canister antenna or within a sleeve between the antenna and the 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.
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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. Equipment 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 equipment associated 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 equipment enclosure(s) 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.
14. An applicant who desires to enclose both its antennas and equipment within
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 inches from the surface of the pole,
unless a further distance 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
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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 pursuant to said ordinance.
2. An application for a new pole is subject to administrative review by the
Director.
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 equipment or 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 pursuant 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 pursuant to TMC Section 23.04.100.A and TMC Section 23.100.B.
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d. Even if an alternative location is established pursuant to 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
requirement also applies to replacement poles that are taller than the replaced pole, when
the overall height of 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 -mounted facility shall not exceed three cubic feet in volume;
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 owner for 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 equipment cabinets or required by a third
party electrical service provider; and
6. Pole -mounted equipment shall comply with the requirements 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 or wires (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.
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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 23.04.110 is hereby established to read as follows:
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 facility shall result in 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 not become 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 under this 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. Pursuant to 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 effect for
six months, commencing on April 12, 2021, unless renewed or unless a final ordinance is
adopted amending the Tukwila Municipal Code and rescinding the interim controls.
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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 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 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 or invalid, such decision shall not affect 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 set forth 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 O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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DRAFT
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
Hearing
Examiner
Fee
Plus
Technology
Fee (TF)
SMALL WIRELESS COMMUNICATION FACILITY PERMITS (TMC Chapter23.04)
$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
up to 5
$100 for
each
additional
+ TF
Non-recurring fee per application for each new
pole intended to support one or more SWF
$1,000
$1,000
+ TF
Recurring site fee (per year) for locating a
SWF on City property
$270
$270
+ TF
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Section 2. Effective Date. This resolution shall take effect immediately upon
passage.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this day of , 2021.
ATTEST/AUTHENTICATED:
Christy O'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
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