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COW 2021-09-27 Item 5 / 6A - Public Hearing - Ordinance Relating to TMC Chapter 23.04 "Small Wireless Communication Facilities"
COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/27/21 NG 10/4/21 NG ITEM INFORMATION ITEM No. 5 & 6.A. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 9/27/21 AGENDA ITEM TITLE Zoning Code Amendments for Small Wireless Facilities CATEGORY ❑ Discussion Mtg Date Motion Mtg Date U Resolution Mtg Date ® Ordinance Aft Date 10/4/21 Bid Award Mtg Date ® Public Hearing ❑ Other Mtg Date 9/27/21 Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&'R ❑ Police ❑ PIF SPONSOR'S SUMMARY The Federal Communications Commission hasadopted new regulations regarding local municipalities'authority to regulate small wireless communicationsfacilities. The City needs to update its municipal code to address these changes.Tukwila's interim regulations for small wireless facilities will expire on October 12, 2021 and are proposed to be replaced with an update to TMC 18.58 Wireless Communications Facilities. The Council is being asked to consider and approve the proposed ordinance. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/13/21 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/27/21 10/4/21 MTG. DATE ATTACHMENTS 9/27/21 Informational Memorandum dated 9/7/21 A. Ordinance in Draft Form B. Table of Public Comments PowerPoint Minutes from the Transportation and Infrastructure Committee meeting of 9/13/21 10/4/21 23 24 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Nora Gierloff, DCD Director CC: Mayor Ekberg DATE: September 7, 2021 SUBJECT: Permanent Small Wireless Facilities Update ISSUE Tukwila's interim regulations for small wireless facilities will expire on October 12, 2021 and are proposed to be replaced with an update to TMC 18.58 Wireless Communications Facilities. BACKGROUND Wireless communication technology has pivoted from large cell towers that were designed to transmit frequencies over long distance to small wireless facilities (4G and 5G networks) that are designed to increase capacity. These installations are significantly smaller than the existing macro installations and are/will be located closer to the end user. This means that small wireless installations will be focused on the rights-of-way and adjacent areas. The Federal Communications Commission ("FCC") has adopted new regulations regarding local municipalities' authority to regulate the deployment of small wireless communications facilities. In order to account for those changes in Federal law, the City needs to update its municipal code. Tukwila adopted an interim code to address wireless facilities under Ordinance No. 2652 on April 12, 2021. Those temporary regulations will expire October 12, 2021 and will be repealed upon adoption of the updated regulations. Staff has now drafted a permanent set of regulations and has circulated those regulations for industry review, as well as GMA/SEPA review. While no comments were received from the GMA or SEPA process, industry comments were received and some of the comments have been incorporated into the draft code. A table summary of all comments received has been included as Attachment B. The Planning Commission held a public hearing on August 26, 2021 and made four additional changes in response to wireless industry representatives' suggestions. These are most clearly shown as highlights on the ordinance in Attachment A. DISCUSSION The proposed ordinance includes an overhaul of the existing code in order to incorporate the new FCC requirements. It also includes revisions to the macro facility permitting and design requirements, as well as establishes 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. Our discussion will focus on the macro facility provisions in TMC 18.58.060-070 as well as the small wireless facility provisions in TMC 18.58.100-160. We will discuss how the code will be used, what the requirements mean, and how these requirements will protect the City within the scope of the FCC rules. 25 26 INFORMATIONAL MEMO Page 2 There are a few important concepts that the Council should keep in mind that will come into play during these discussions. • The City has some authority to outline aesthetic standards for the rollout of small wireless facilities, but the City does not have authority to dictate technology. Any standard being considered that would regulate the technology should be avoided. • Regulations that effectively prohibit the rollout of the technology should not be considered. The FCC has generally determined that this technology should be allowed, and regulations adopted by a local jurisdiction that effectively prohibit the technology are impermissible. • The FCC has adopted presumptively reasonable shot clocks within which the City must comply. These shot clocks are 60 days for an installation on an existing structure and 90 days for new poles. These shot clocks cover all necessary city approvals, which may include a franchise (these already require two readings before City Council), small wireless permits, public works related permits, and anything else that might be required by the City. • The City should treat all similarly situated applicants the same. This is called competitive equity. Regulations and approvals should not vary depending on who comes in the door. FINANCIAL IMPACT There will be no direct financial impacts to the City through adoption of this code update. We expect an ongoing flow of small cell permit applications as carriers update their wireless networks for a modest revenue stream. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the September 27, 2021 Committee of the Whole meeting and subsequent October 4, 2021 Regular Meeting. ATTACHMENTS A. Planning Commission Recommended Ordinance Amending TMC 18.06 and 18.58 B. Table of Public Comments https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Small Cell 9-13 TIC/Small Cell CC Info Memo.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2652, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 23.04, "SMALL WIRELESS COMMUNICATION FACILITIES"; REPEALING ORDINANCE NO. 2498, AS CODIFIED IN TMC CHAPTERS 18.06 AND 18.58; REPEALING ORDINANCE NO. 2251 §71 AND §72, AS CODIFIED IN TMC CHAPTER 18.58, "WIRELESS COMMUNICATION FACILITIES"; REPEALING ORDINANCE NO. 2135 §2 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER 18.06, `DEFINITIONS"; AMENDING ORDINANCE NO. 2251 §68, §69, AND §70, AS CODIFIED IN TMC CHAPTER 18.58; AMENDING ORDINANCE NO. 2135 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER 18.58; AUTHORIZING AND ESTABLISHING PERMITTING REGULATIONS AND AESTHETIC AND DESIGN STANDARDS FOR THE DEPLOYMENT OF SMALL WIRELESS FACILITIES; ADOPTING SUPPORTIVE FINDINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN 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 that 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 of Tukwila ("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 Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 1 of 53 27 WHEREAS, Chapter 23.04 of the Tukwila Municipal Code ("TMC") was added to TMC Title 23 pursuant to Ordinance No. 2652 and established initial regulations related to wireless facilities; and WHEREAS, the City has evaluated its existing wireless facilities regulations in Chapter 18.58 of the TMC and determined that changes are needed to address compliance with FCC regulations; and WHEREAS, the City desires to update the existing TMC Chapter 18.58 with new regulations that: (1) reaffirms the land use and zoning regulations for major wireless facilities; (2) clarifies the application and review process for major wireless facilities; (3) adopts land use and zoning regulations and design standards for small wireless facilities; (4) sets forth the application and approval process for small wireless facilities; and (5) updates regulations related to eligible facilities requests as prescribed by federal rules and regulations; and WHEREAS, upon timely notice, the City undertook a State Environmental Policy Act (SEPA) review of these wireless communication regulations and issued a SEPA Determination of Non -Significance for this non -project action on August 5, 2021; and WHEREAS, the Washington State Department of Commerce was provided a Notice of Intent to Adopt the proposed regulations and the City received no comments on the same; and WHEREAS, the proposed regulations went before the City of Tukwila Planning Commission for review, discussion, and consideration. Upon timely notice, a public hearing was held before the Planning Commission on August 26, 2021, and subsequently the Planning Commission issued a recommendation that the City Council adopt the regulations as presented herein; and WHEREAS, the City Council held a public hearing on September 27, 2021, to review the Planning Commission recommended draft ordinance; and WHEREAS, based on careful consideration of the facts and law, including without limitation the public testimony received, the Planning Commission's recommendation dated August 26, 2021, the Staff Report dated September 7, 2021, and records and files with the office of the Department of Community Development, the Tukwila City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; 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 permitting and aesthetic requirements and revisions for wireless communication facilities to be codified in the Tukwila Municipal Code in response to the enactment of new regulations by the FCC. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 2 of 53 28 Section 2. Findings of Fact. The Tukwila City Council hereby adopts and incorporates the recitals set forth above as Findings of Fact justifying the development regulations adopted by this ordinance. Section 3. Repealer. Ordinance Nos. 2652 and 2498 are hereby repealed. Section 4. Repealer. Ordinance No. 2251 §71 and §72, as codified in TMC Chapter 18.58, "Wireless Communication Facilities." is hereby repealed. Section 5. Repealer. Ordinance No. 2135 §2 (part), as codified in the following sections of TMC Chapter 18.06, "Definitions." is hereby repealed. TMC Section 18.06.039, "Ancillary Wireless Communication Facilities" or a part of a tower, antenna, ancillary structures, or equipment enclosures, facilities equipment compound, and located within, above, or below the facilities equipment compound. TMC Section 18.06.040, "Ancillary Wireless Communication Facility" excluding equipment enclosures. TMC Section 18.06.041, "Antenna(s)" 18.06.041 nntenna(s) reflecting disks, or similar devices used to transmit or receive electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless and parabolic antennas (also known as "dish" antennas) which are bowl shaped devices sr specific directional pattern. TMC Section 18.06.042, "Antenna(s) Array" 1-841-6,042 Antenna(s)-Array s... • CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 3 of 53 29 support. TMC Section 18.06.043, "Antennas(s), Flush Mounted" •iss. h.Ie. . _ - of the tower or building, such that no portion of the antenna extends above the height of the tower or building. TMC Section 18.06.659, "Public Safety Communications Equipment" • "Public safety communications equipment" means any radio or other communication equipment that is owned and exclusively used by public entities for emergency communication or communication between fire, police, and other rescue personnel. TMC Section 18.06.773, "Significant Gap in Service, Wireless Communications" user subscribers are unable to establish or maintain reliable wireless service from the a service ar a where the field strength is lower than the minimum level for reliable service) TMC Section 18.06.823, "Tower, Electrical Transmission" 18.06.823 Tower, Electrical�smission "Tower, Electrical Transmission" means any facility owned by Seattle City Light or Puget Sound Energy or any other electric utility that supports electrical lines which carry a voltage of at (east 115kV. TMC Section 18.06.824, "Tower, Guy" 18.06.824 Tower, Guy and steady the tower. TMC Section 18.06.825, "Tower, Lattice" 18.06.825 Tower, Lattice CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 30 Page 4 of 53 TMC Section 18.06.826, "Tower, Monopole" "Tower, Monopole" means a freestanding tower that-L-sem-pesed of a single shaft, usually TMC Section 18.06.827, "Tower, Wireless Communication Facility" constructed primarily for the purpose of supporting one or more antennas, including towers, cellular telephone towers, and alternative tower structures. TMC Section 18.06.828, "Tower Mounted Facilities" tower. 1,1 e TMC Section 18.06.902, "Utility Pole" 18.06.902 Utility Pole "Utility pole" is any facility owned by Seattle City Light or Puget Sound Energy or any TMC Section 18.06.936, "Wireless Communication Facility" facility, or related equipment or component thereof, which is used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, enhanced specialized mobile radio, paging, wirele-., digital data transmi- ion, broadband, unlicensed spectrum services utilizing part 15 devices, and other similar services that currently exist or that may in the future be developed. TMC Section 18.06.937, "Wireless Communication Facility, Building Mounted" building. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 5 of 53 31 TMC Section 18.06.938, "Wireless Communication Facility, Concealed Facility" architecturally compatible with the existing building(s) on a site; or a wireless communications facility disguised, hidden or integrated with an existing structure that is tree, flagpole with flag, church steeple, etc.). TMC Section 18.06.939, "Wireless Communication Facility Equipment Enclosure" without limitation cabinets, shelters, pedestals and other devices or structures, that is and/or reception of wireless communication signals including, without limitation, air conditioning units and generators. TMC Section 18.06.940, "Wireless Communication Facility Equipment Compound" tee occupied by all the towers, antennas, ancillary structure(s), ancillary facilities and TMC Section 18.06.941, "Wireless Communication Facility, Feed Lines or Coaxial Cables" 18.06.941 Wireless Communication Facility, Feed Lines or Coaxial Cables antenna. TMC Section 18.06.943, "Wireless Telecommunication Carrier" "Wireless Telecommunication Carrier" means any person or entity that directly or indirectly owns, controls, operates or manages any plant, equipment, structures or property within the City for the purpose of offering wireless telecommunication service within the City. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 32 Page 6 of 53 Section 6. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.010, "Purpose," is hereby amended to read as follows: 18.58.010 Purpose A. The purpose of this Chapter, in addition to implementing the general purposes of the Comprehensive Plan and development regulations, is to regulate the permitting, placement, construction, and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. The purpose of this Chapter will be achieved through adherence to the following objectives: 1. Establish clear and nondiscriminatory local regulations concerning wireless telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers; 2. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, and flight corridors, and health and safety of persons and property; Minimize potential adverse visual, aesthetic, and safety impacts of wireless communication facilities; ar as and allow wireless communication facilities in residential areas only when 5. Minimize the total number of wireless communication facilities in residential ar s; 4. Establish objective standards for the placement of wireless communications facilities; 5. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services; 6. Encourage the location or attachment of multiple facilities within or on existing structures to help minimize the total number and impact of such facilities throughout the community; 67. Require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, in order to reduce cumulative negative impact upon the City; 7. Allow wireless communication companies to use City property (i.e. City Hall, Community Center, parks, etc.) for the placement of wireless facilities, where consistent CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 7 of 53 33 8. Ensure Encourage wireless communication facilities aro to be configured in a way that minimizes the adverse visual impact of the wireless communication facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of technologythe carrier's service objective, current location options, siting, future available locations, and innovative siting techniques boundaries of the City; 9. Enhance the ability of the wireless communications facility providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; 10. Provide for the removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and Building Code compliance, and provide a mechanism for the City to cause these abandoned wireless communication facilities to be removed, to protect the citizens from imminent harm and danger; 12. Provide a means for public input on major wireless communications facility B. In furtherance of these objectives, the City shall give due consideration to the Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally sensitive areas in approving sites for the location of communication towers and antennas. C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunication services in the City. These objectives were designed to comply with the Telecommunications Act of 1996. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting wireless service within the City. D. To the extent that any provision of this Chapter is inconsistent or conflicts with any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed consistently with the other provisions and regulations of the City. E. In reviewing any application to place, construct or modify wireless • application. Any decision to deny an application shall be inwriting, supported by CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 34 Page 8 of 53 Section 7. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.020, "Authority and Application," is hereby amended to read as follows: 18.58.020 Authority and Application The provisions of this Chapter shall apply to the placement, construction or modification of all wireless communication facilities, except as specifically exempted in TMC Section 18.58.030. Any person who desires to locate a wireless communication facility inside or outside the right-of-way, which is not specifically exempted by TMC Section 18.58.030, shall comply with the applicable application permitting requirements, and design and aesthetic regulations described in this Chapter. In addition, applicants for wireless communication facilities inside the City's right-of-way must also obtain a franchise pursuant to TMC Chapter 11.32. Section 8. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.030, "Exemptions" is hereby amended to read as follows: 18.58.030 Exemptions The provisions of this Chapter shall not apply to the following: buildings: al. Routine maintenance and repair of wireless communication facilities (excluding structural work or changes in height or dimensions of support structures or buildings); provided that the wireless communication facilities received approval from the City for the original placement and construction and provided further that compliance with the standards of this code is maintained and right -of -use permit obtained if the wireless communication facility is located in the right-of-way. This shall not include changes in provided that the wireless communication facility received approval from the City of Tukwila or King County for the original • wireless facilities permits, provided the total area of the new antennas and support structure is not increased more than 10% of the previous area or the area is reduced. E2. Changing or adding additional antennas within a previously permitted concealed building -mounted installation is exempt provided there is no visible change from the outside. 43. Bird exclusionary devices •• _ .. - _ height limitations. e4. Additional ground equipment may be placed within an approved equipment enclosure, provided the height of the equipment does not extend above the screening fence. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 9 of 53 35 25—An antenna that is designed to receive or send direct broadcast satellite service and/or broadband signals, or other means for providing internet service including direct -to -home satellite services, and that is 1 meter or less in diameter or diagonal measurement, and when the antenna is attached to the residence or business that is utilizing the service. 36. An antenna that is designed to receive video programming services via multipoint distribution services, including multi -channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is 1 meter or less in diameter or diagonal measurement. 47. An antenna that is designed to receive television broadcast signals. 58. Antennas for the receiving and sending of amateur radio devices or ham radios, provided that the antennas meet the height requirements of the applicable zoning district, and are owned and operated by a Federally -licensed amateur radio station operator or are used exclusively for receive -only antennas and provided further that compliance with the standards of this code is maintained. In order to reasonably accommodate licensed amateur radio operators as required by Federal Code of .. • Communication Commission of September 1985, and RCW 35A.21.260, a licensed amateur radio operator may locate a tower not to exceed the height requirements of the applicable zoning district, provided the following requirements arc mct for such towcrs located in a residentially zoned district: means; forth by the Federal Aviation Administration; c. No advertising logo, trademark, figurine or other similar marking or d. The tower shall be located a -distance equal to or greater than its height line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that, in the event of collapse, it falls within itself, and in that event, it must be located at least one third of its height from any property line; f. No signs shall be used in conjunction with the tower, except for one sign not larger than 81/2" high and 11" wide and as required by Federal regulations; g. Towers shall not be leased or rented to commercial users, and shall not otherwise be used for commercial purposes; and CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 36 Page 10 of 53 h. All towers must mcet all applicable State and Federal statutes, rules and regulations, including obtaining a building permit from the City, if necessary. 69. Emergency communications equipment during a declared public emergency, when the equipment is owned and operated by an appropriate public entity. 710. Any wireless internet communication facility that is owned and operated by a government entity, for public safety radio systems, ham radio and business radio systems. 811. Antennas and related equipment no more than 3 feet in height that are being stored, shipped or displayed for sale. 912. Radar systems for military and civilian communication and navigation. 13. 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. 14. Eligible facilities requests. See TMC Section 18.58.090. Section 9. Regulations Established. A new TMC Section 18.58.040 is hereby established to read as follows: 18.58.040 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 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 wireless communication facility permit pursuant to this Chapter. 4. "Collocation" means: a. Mounting or installing an antenna facility on a preexisting structure; and/or b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 11 of 53 37 5. "Director" means the Department of Community Development 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. "Macro Facility" means a Targe wireless communication facility that provides radio frequency coverage for wireless services. Generally, macro facility antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro wireless communication facilities (WCF) typically contain antennas that are greater than three cubic feet per antenna and typically cover Targe geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Macro facilities include but are not limited to monopoles, lattice towers, macro cells, roof - mounted and panel antennas, and other similar facilities. 9. "Permittee" means a person who has applied for and received a wireless communication facility permit pursuant to this Chapter. 10. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 11. "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals. 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 communication facilities. 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 wireless communication facility for the purposes of rendering the appearance of the wireless communication facility as something fundamentally different than a wireless communication 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). CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 12 of 53 38 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. 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 communication 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 10. TMC Section 18.58.040 Amended and Recodified to TMC 18.58.050. Ordinance Nos. 2251 §68 and 2135 §1 (part), as codified at TMC Section 18.58.040, "Permits Required," are hereby amended to recodify this section as TMC Section 18.58.050, which shall read as follows: 18.58.040 18.58.050 Permits RequiredGeneral Provisions A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of this Chapter are in addition to the applicable rcquircments of TMC Title 18 TMC Chapters 18.100, 18.104 and 18.108 do not apply to this TMC Chapter 18.58. B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by the Dircctor for all projects locatcd on public or private property. The Director CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 13 of 53 39 ._■ ■■ - .ee of whether the DCD Director or the Director of Public Works is reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this Chapter. B. Macro facilities, as defined in TMC Section 18.58.040, are allowed in zones consistent with TMC Section 18.58.060.F and require a macro facility permit pursuant to TMC Section 18.58.020. C. Small wireless facilities, as defined in TMC Section 18.58.040, are permitted uses throughout the City but still require a small wireless facility permit pursuant to TMC Section 18.58.020. Small wireless facilities located within the City's rights-of-way require a valid franchise. appropriate governing body (i.c., Washington Statc Dcpartmcnt of Labor and Industries, Federal Aviation Administration, etc.). D. This Chapter provides guidelines for the placement and construction of wireless communication facilities, not exempt as set forth in TMC Section 18.58.030 from its €D. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. F. Wireless communication facilities that arc governed under this Chapter shall not be eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall be based on the exceptions or waivers set forth in this Chapter. GE. - e ' . . - - • - Applicants use various methodologies and analyses, including geographically -based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The reasonable costs actually incurred by the City for such of the technical review shall be borne by the applicant, provided that the City provides to the applicant an itemized accounting of the costs actually charged by said third party reviewer and incurred by the City. H. The selection of the third party expert may be by mutual agreement between the qualifications. The third party expert review is intended to address interference and public proposed wireless communication facilities and/or a review of the applicants' CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 40 Page 14 of 53 City may require changes to the application. The expert review shall address the following: 3.The validity of conclusions reached; '1.The viability of other sites in the City for the use intended by the applicant; and I. Any decision by the DCD Director, Director of Public Works, or Hearing Examiner facility. Director of Public Works, or Hearing Examiner without approval from the City. Minor changes which do not change the overall project may be approved by the Director as a minor modification. F. Appeals. Appeals related to wireless communication facilities shall be filed in King County Superior Court or in a court of competent jurisdiction. G. Permit Revocation — Suspension — Denial. 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 11. TMC Section 18.58.050 Amended and Recodified to TMC 18.58.060. Ordinance Nos. 2251 §69 and 2135 §1 (part), as codified at TMC Section 18.58.050, "Types of Permits — Priority — Restrictions," are hereby amended to recodify this section as TMC Section 18.58.060, which shall read as follows: 18.58.050 18.58.060 Types of Permits Priority Restrictions Macro Facilities A. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the on the type of a wireless facility, the DCD Director shall have the authority to determine CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 15 of 53 41 TABLE A Zoning Type -of -Facility Residential Commercial lInductri cr Adding antennas to an existing tower or utility polo Type 1{2-) Type 1{2-) Type 1 Eligible facilities modification Type 1 Type 1 Type 1 Utility pole replacement for co location Type 2 Type 2 Type 2 Concealed building attached Type 20) Type 2P Type 1 Type 2 Type 2 Type 1 Type 3{4) Type 3 Type 3 (-1-) Zoning for any private/public property or right of way: Residential LDR, MDR, or HDR. Commercial 0, MUO, RCC, NCC, RC, RCM, TUC, C/LI or TVS. Industrial LI, HI, MIC/L, or MIC/H. (2) enclosure ar docs not increase. (3) An applicant may request to install a non concealed building attached facility, under TMC Section 18.58.140. MDR and HDR only. follows: or electrical transmission towers. • non residential property. way if practical, provided that no obligation is created herein for the City to allow the use of City property or public right of way for this purpose. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 42 Page 16 of 53 /1. City Property/Public Rights -of -Way. The placement of personal wireless to other applicable sections of the Tukwila Municipal Code and review by other departments (i.e., Public Works, Parks and Recreation, etc.). 5. Wireless communication facilities shall not be permitted on property ■ .. 18.104.060 and the following: 1. Type 1 Applicant shall submit: a. A completed application form provided by the Department of Community Development. b. Four sets of plans prepared by a design professional. The plans shall depicts the proposed project. Minimum size is 8.5" by 11". Plans shall be no greater than 24" x 36". c. A letter from the applicant outlining the proposed project and an evaluation from the applicant with regard to the City's Code requirements and whether the proposal qualifies for review under Section6409 of the Spectrum Act. d. Information sufficient to determine whether a proposed facilities 1,4 • .. eligible support structure. c. Sensitive Ar studies and proposed mitigation (if required). g. SEPA Application (if required). plus the following: of the proposed facility. b. Materials board for the screening material. Washington State licensed landscape architect. Additionally, the applicant shall provide detailed discussion on why the wireless communication facility cannot be located within a commercial or industrial zone. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 17 of 53 43 Type 2 applications, plus the following: a All information required for new towers under TMC Section 18.58.060. b. The radio frequency engineer report shall include a discussion of the within 500 feet of the subject property. d. Engineering plans for the proposed tower. c. A vicinity map depicting the proposed extent of the service area. plans and photo simulations shall include the maximum build out of the proposed facility. g. Evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions. h. Evidence of compliance with Federal Aviation Administration (FAA) i. Evidence that the tower has been designed to meet the minimum structural In order to manage the City in a thoughtful manner that balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Tukwila has adopted this administrative process for the deployment of macro facilities. Applicants are encouraged and expected to provide all related applications listed in TMC Section 18.58.060.A for each facility in one submittal unless they have already obtained a franchise or lease. A. Required applications. The Director is authorized to establish application forms to gather the information required by City ordinances from applicants. 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, a franchise consistent with TMC Chapter 11.32. An applicant with a franchise for the deployment of macro facilities in the City may apply directly for a macro facility permit and related approvals. 2. Macro Facility Permits. The applicant shall submit a macro facility permit application as required by TMC Section 18.58.020. Prior to the issuance of a macro facility permit, the applicant shall pay a permit fee in an amount in accordance with the fee schedule adopted by resolution of the City Council, or the actual costs incurred by the City in reviewing such permit application. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 18 of 53 44 3. Associated Permit(s) and Checklist(s). The applicant shall attach all associated required permit applications including, but not limited to, applications required under TMC Chapter 11.08, and applications or check lists required under the City's Critical Areas, Shoreline or SEPA ordinances. 4. Leases. An applicant who desires to place a macro facility on City property outside the right-of-way or attach a macro facility to any structure owned by the City shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the City Council for approval. B. Macro facility application requirements. 1. A pre -application meeting is encouraged prior to submitting an application for a macro facility permit. 2. The following information shall be provided by all applicants for a macro facility permit: a. The name, address, phone number and authorized signature on behalf of the applicant. b. If the proposed site is not owned by the City, the name, address and phone number of the owner and a signed document or lease confirming that the applicant has the owner's permission to apply for permits to construct the macro facility. c. A statement identifying the nature and operation of the macro facility. d. A vicinity sketch showing the relationship of the proposed use to existing streets, structures and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas or other significant natural or manmade features. e. Construction drawings as well as a plan of the proposed use showing proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan. f. Photo simulations of the proposed macro facility from public rights-of- way, public properties and affected residentially zoned properties. Photo simulations must include all cable, conduit and/or ground -mounted equipment necessary for and intended for use in the deployment regardless of whether the additional facilities are to be constructed by a third party. g. A sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the macro 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 facility will operate. If facilities that generate RF radiation necessary to the macro facility are to be provided by a third party, then the permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. h. Information necessary to demonstrate the applicant's compliance with FCC rules, regulations and requirements that are applicable to the proposed macro facility. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 19 of 53 45 i. If not proposing a collocation, then documentation showing that the applicant has made a reasonable attempt to find a collocation site acceptable to engineering standards and that collocating was not technically feasible, or that it was not financially feasible based on commercially reasonable efforts, or that it posed a physical problem. j. Information sufficient to establish compliance with TMC Sections 18.58.060.F and TMC 18.58.060.G. k. If proposing a new monopole/tower, information sufficient to establish compliance with TMC Section 18.58.070.B. I. Such additional information as deemed necessary by the Director for proper review of the application, and which is sufficient to enable the Director to make a fully informed decision pursuant to the requirements of this Chapter. C. Macro facility permit review procedures. 1. Completeness. An application for a macro facility is not complete until the applicant has submitted all the applicable items required by TMC Section 18.58.060.B and to the extent relevant, has submitted all the applicable items in TMC Section 18.58.060.A and the City has confirmed that the application is complete. 2. Public Notice. The City shall provide notice of a complete application for a macro facility 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 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. 3. Review. The Director shall review the application for conformance with the application requirements in this Chapter and specifically the review criteria in TMC Section 18.58.060.D to determine whether the application is consistent with this Chapter. 4. Decision. The Director shall issue a decision in writing. The Director may grant a permit, grant the permit with conditions pursuant to this chapter and the code, or deny the permit. a. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. b. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied. c. The Director's decision is final. D. Macro facility review criteria. 1. No application for a macro facility may be approved unless all of the following criteria, as applicable, are satisfied: a. The proposed use will be served by adequate public facilities including roads, and fire protection. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 20 of 53 46 b. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property and will not materially disturb persons in the use and enjoyment of their property. c. The proposed use will not be materially detrimental to the public health, safety and welfare. d. The proposed use complies with this Chapter and all other applicable provisions of this code. 2. The Director shall review the application for conformance with the following criteria: a. Compliance with prioritized locations pursuant to TMC Section 18.58.060.F. b. Compliance with development standards pursuant to TMC Section 18.58.060.G. E. Macro facility permit requirements. 1. The permittee shall comply with all of the requirements within the macro facility permit. 2. The permittee shall allow collocation of proposed macro facilities on the permittees' site, unless the permittee demonstrates that collocation will impair the technical operation of the existing macro facilities to a substantial degree. 3. The permittee shall notify the City of any sale, transfer, assignment of a macro facility within 60 days of such event. 4. All installations of macro facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable. 5. A macro facility permit issued under this chapter must be substantially implemented within 24 months from the date of final approval or the permit shall expire. The permittee may request one extension to be limited to 12 months, if the applicant cannot construct the macro facility within the original 24 -month period. 6. Site safety and maintenance. The permittee shall maintain the macro facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly including, but not limited to, following any maintenance or modifications on the site. F. Macro facility location hierarchy. Macro facilities shall be located in the following prioritized order of preference: 1. Collocated on existing macro facility(ies) or another existing public facility/utility facility (i.e., an existing or replacement utility pole or an existing monopole/ tower). 2. Collocated on existing buildings and structures located in nonresidential zones. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 21 of 53 47 3. Collocated on existing building and structures in residential zones not used for single-family residential uses (e.g. religious facility or public facility, or multi -family building). 4. New monopole/tower proposed in an industrial, commercial, or business zone district, where the sole purpose is for wireless communication facilities; provided that approval for new monopole/tower is given pursuant to TMC Section 18.58.070. Said monopole/tower shall be the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the monopole/tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. Further, the monopole/tower shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the monopole/tower be of a height that requires illumination by the Federal Aviation Administration (FAA). 5. New monopole/tower proposed in a residential zone district, where the sole purpose is for wireless communications, but only if the applicant can establish that the monopole/tower cannot be collocated on an existing facility or structure and receives approval pursuant to TMC Section 18.58.070. Further, the proposed monopole/tower shall be no higher than the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the structure shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. In no case shall the antenna be of a height that requires illumination by the FAA. G. Macro facility design and concealment standards. All macro facilities shall be constructed or installed according to the following standards: 1. Macro facilities must comply with applicable FCC, Federal Aviation Administration (FAA), state, and City regulations and standards. 2. Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so they blend into the existing environment. 3. Macro facilities must be screened or camouflaged employing the best available techniques, such as compatible materials, non -glare paint, location, color, artificial trees and hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties. a. Macro facilities shall be designed and placed or installed on a site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by: (1) Using existing site features to screen the macro facility from residential properties and the right-of-way; and (2) Using existing or new site features as a background in a way that helps the macro facility blend into the background. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 22 of 53 48 b. As a condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation within its screened area to screen the facility. c. A macro facility shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the macro facility would be viewed from a majority of points within its viewshed, and in either case the color must be approved by the City as part of permit approval. d. Macro facilities may be subject to additional screening requirements by the Director to mitigate visual impacts to adjoining properties or public right-of-way as determined by site-specific conditions. 4. If proposing to locate on a building, the macro facility shall meet the height requirements of the underlying zoning category; provided the macro facility may exceed the height requirements by 10 feet so long as the macro facility is shrouded or screened. 5. If proposing to locate on a replacement utility pole, the height of the replacement pole shall not exceed 15 feet taller than the existing pole and may not be greater than 50 feet tall in residential zones unless the applicant demonstrates in writing that an additiona height increase is required for vertical clearance separation and it is the minimum extension possible to provide sufficient separation. Within all other zones, the height of the replacement utility pole shall not exceed 10 feet taller than the height requirements of the underlying zone. 6. The use of a utility pole for siting of a macro facility shall be considered secondary to the primary function of the pole. If the primary function of the pole serving as the host site of the macro facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the macro facility and the macro facility and all associated equipment shall be removed. 7. Equipment facilities shall be placed underground if applicable feasible, or, if permitted above ground, shall: a. Be screened from any street and adjacent property with fencing, walls, landscaping, structures or topography or a combination thereof or placed within a building; and b. Not be located within required building setback areas. 8. If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply: a. The height of the barrier shall be restricted by the height limitations in the zoning district. The height is measured from the point of existing or finished grade, whichever is lower at the exterior side of the barrier to the highest point of the barrier. b. Be screened from adjoining properties and City right-of-way through the use of appropriate landscaping materials including: (1) Placement of landscape vegetation around the perimeter of the security barrier, except that a maximum 10 -foot portion of the fence may remain without landscaping in order to provide access to the enclosure. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 23 of 53 49 (2) The landscaping area shall be a minimum of 5 feet in width. (3) The permittee shall utilize evergreen plants that shall be a minimum of 6 feet tall at the time of planting and shall obscure the site within 2 years. (4) Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls. (5) If a chain Zink fence is allowed in the zone district, it shall be green vinyl slats. 9. Sufficient space for temporary parking for regular maintenance of the proposed macro facility must be demonstrated. 10. Macro facilities may not: (i) produce noise in excess of the limitation set forth in TMC Chapter 6.04; and (ii) be used for mounting signs, billboards or message displays of any kind. 11. The Director shall consider the cumulative visual effects of macro facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the City. Section 12. TMC Section 18.58.060 Amended and Recodified to TMC 18.58.070. Ordinance Nos. 2251 §70 and 2135 §1 (part), as codified at TMC Section 18.58.060, "New Towers," are hereby amended to recodify this section as TMC Section 18.58.070, which shall read as follows: 4-8.56.060 18.58.070 New Towers A. New towers are not permitted within the City unless the Hearing Examiner finds that the applicant has demonstrated by a preponderance of the evidence that: gap in service; and a new tower in the City, can accommodate the applicant's proposed wireless and located to remove the significant gap in service in a manner that4s, in consideration of the values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehensive Lan -el -Use Plan, the least intrusive upon the surrounding area. A. Applicability. Any application for a new macro facility tower shall be reviewed, and approved or denied, by the Hearing Examiner as a Type 3 decision pursuant to TMC Section 18.108.030. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 50 Page 24 of 53 B. Review Criteria. The Hearing Examiner shall be the reviewing body on thcreview the application to construct a new macro facility tower, and shall determine whether or not each of the above following requirements are met: Examples of evidence 111 1. That the tower height is the minimum ncccs✓ary in order to achicvc the coverage objective; 2. That no existing towers or structures or alternative sites are located within feasibly be extended to a sufficient height to meet the applicant's engineering requirements to meet its coverage objective; 41. That collocation is not feasible because: a. eExisting structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; 5b. That tThe applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; 6c. That tThe fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; or 7d. The applicant demonstrates other limiting factors that render existing towers and structures or other sites unsuitable. All engineering evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. 2. The proposed tower meets all applicable design standards in TMC Section 18.58.060. 3. Where the proposed tower does not comply with the requirements of this Chapter, the applicant has successfully demonstrated that denial of the application would effectively prohibit the provision of service in violation of 47 USC 253 and/or 332. C. Determination. The Hearing Examiner, after holding an open public hearing in accordance with TMC Chapter 18.112, shall either approve, approve with conditions, or deny the application, or remand the application back to staff for further investigation in a manner consistent with the Hearing Examiner order. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 25 of 53 51 Section 13. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.070, "General Requirements," is hereby repealed. 18.58.070 General Requirements facility: 1. Noise Any facility that requires a generator or other device which will create noise must demonstrate compliance with TMC Chapter 8.22, "Noise". A noise report, the applicant. there is sufficient space for temporary parking for regular maintenance of the proposed facility. its visual obtrusivene. natural setting and built environment. other than towers shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive as possible. tower. building or eligible facilities modifications. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 52 Page 26 of 53 Section 14. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.080, "Electrical Transmission Tower Co-Location—Specific Development Standards," is hereby repealed. 18.58.080 Electrical- Tismission Tower Co Location Specific Development Stan dards The following requirements shall apply: 01, on the electrical transmission tower. The antennas must be painted to match the color of the electrical transmission tower. of the electrical transmission tower. electrical transmission tower where the antennas arc located or a concealed location. The minimum heightof6 feet and a maximum heightof8feet. The fence shall include slats, wood panels, or other materials to screen the equipment from view. Barbed wire may be used in 6, Setbacks Since the facility will be located on an existing electrical transmission tower, setbacks shall not apply. Section 15. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.090, "Adding Antennas to Existing WCF Tower -Specific Development Standards," is hereby repealed. 18.58.090 Adding Antennas to Existing WCF Tower -Specific Development Standards The following requirements shall apply: 1. Height The height must not exceed what was approved under the original application to construct the tower. If the height shall exceed what was originally approved, At maximum height of the zone. 2. Antenna aesthetics Antennas shall be painted to match the color scheme of the tower. 3:1. Antenna intensity There is no limit on the number of antennas that may bo located on an existing tower. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 27 of 53 53 /1. Feed lines and coaxial cables Feed lines and coaxial cables shall be located within the tower. Any exposed feed lines or coaxial cables (such as when extended out of the tower to connect to the antennas) must be painted to match the tower. expand thc equipment enclosure from what was approved by the City or County under 2) application for only the equipment enclosure increase. on an existing tower and uses an existing equipment enclosure. If the equipment 01. Section 16. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.100, "Concealed Building Mounted Development Requirements," is hereby repealed. The following requirements shall apply: 1. Height The proposed facility must meet thc height requirement of the applicable zoning category. The antennas can qualify under TMC Section 18.50.080, "Rooftop Appurtenances", if the antennas are located in a church spire, chimney or fake chimney, elevator tower, mechanical equipment room, or other similar rooftop occupancy. Stand alone antennas shall not qualify as rooftop appurtenances. 2. Antennas aesthetics The antennas must be concealed from view by structures and parapet walls. The screening must be made out of the same material and - of the building(s). below the parapet of the rooftop. preference is to locate the equipment on the rooftop of the building. If the equipment can is required. If screening is required, then the proposed screening must be consistent with the existing building in terms of color, style, architectural style and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a 6 foot tall fence, and materials shall be used to screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC/L, and MIC/H zones. meet the setback of the applicable zoning category where the facility is to be located. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 54 Page 28 of 53 Section 17. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.110, "Non -concealed Building Mounted Development Requirements," is hereby repealed. ... ..... The following requirements shall apply: 1. Height The proposed facility must meet thc height requirements of the above thc existing roof line. Non conc aled building mounted facilities shall not qualify ee i.e.-- 2. Antenna aesthetics The first preference for any proposed facility is to utilize impact will be negated by the scale of the antennas to the building. "Shrouds" are not Antennas shall be painted to match the color scheme of the building(s). the proposed screening must be consistent with the existing building in terms of color, style, architectural style and material. If the cabinet equipment is to be located on the used to screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC/L, and MIC/H zones. Section 18. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.120, "Utility Pole Co -location," is hereby repealed. 18.58.120 Utility Pole Co -location. The following requirements shall apply: replaced utility pole, and may be not greater than 50 feet in height in residential zones. Within all other zones, the height of the utility pole is limited to 50 feet or the minimum height standards of the underlying zoning, whichever is greater. 2. Replacement pole - The replaced utility pole must be used by the owner of the utility pole to support its utility lines (phone lines or electric). A replaced utility pole 3. Pole aesthetics - The replaced utility pole must have the color and general CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 29 of 53 55 5. Pedestrian impact - The proposal shall not result in a significant change in the utility pole is being replaced, consideration must be made to improve the pedestrian located next to the building. The cabinet equipment must be screened from view. The screening must be consistent with the existing building in terms of color, style, architectural style and material. If the cabinet equipment is to be located on the ground, • screen the equipment from view. Barbed wire may be used in the TVS, LI, HI, MIC/L, and MICiH zones 44. ee. City right of way is not required to meet setbacks. The City will evaluate setbacks on private property under the setback requirements set forth in TMC Section 18.58.170. Section 19. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.130, "Towers -Specific Development Standards," is hereby repealed. 18.58.130 Towers -Specific Development Standards. The following requirements shall apply: 1. Height - Any proposed tower with antennas shall meet the height standards of the zoning district where the tower will be located. Bird exclusionary devices arc not subject to height limitations. 2. Antenna and towcr aesthetics - The applicant shall utilize a wireless communication concealed facility. The choice of concealing the wireless communication facility must be consistent with the overall use of the site. For example, having a tower appear like a flagpole would not be consistent if there are no buildings on the site. If a flag and diameter of the tower. 3. Setbacks - The proposed wireless communication faeil+ties must meet the 18.58.170 with regards to height, the setback of the proposed wireless communication the zoning district. 4. Color- The color of the tower shall be based on the surrounding land uses. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 56 Page 30 of 53 must be located underground. Section 20. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.140, "Request to Use Non -concealed Building Attached in Lieu of a Concealed Building Attached," is hereby repealed. 'I Building Attached communication facility. The following criteria shall be used: !. _ •- visual impact of the exposed antennas will be minimal in relation to the building. 2. Cables are concealed from view and any visible cables are reduced in visibility by sheathing or painting to match the building where they are located. /1. Due to the style or design of the building, the use of a concealed facility would reduce the visual appearance of the building. Duwamish/Green River Section 21. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.150, "Landscaping/Screening," is hereby repealed. 18.58.150 Landscaping/Screening. softened through landscaping or other screening materials at the base of the tower, facility • of wireless communication facilities located on transmission towers, or if the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure. The DCD Director, Director of Public Works or Hearing Examiner, as appropriate, may reduce or waive the standards for those sides of the wireless communication facility that are not in public view, when a combination of existing vegetation, topography, walls, decorative fences or other features the visual impact of the tower would be minimal; and in those locations where large wooded lots and natural growth around the property perimeter may be sufficient buffer. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 31 of 53 57 be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping or screening requirements. The following requirements without landscaping in order to provide access to the enclosure. AM A MA AS e perimeter of the enclosure. 3. The applicant shall utilize evergreens that shall be a minimum of 6 feet tall at the time of planting. insure that the plantings are established after two years from the date of planting. C. The applicant shall replace any unhealthy or dead plant materials in conformance materials for the life of the facility. In the event that landscaping is not maintained at the required level, the Director, after giving 30 days advance written notice, may maintain or operator for such costs until such costs are paid in full. Section 22. Ordinance Nos. 2251 §71 and 2135 §1 (part), as codified at TMC Section 18.58.160, "Zoning Setback Exceptions," are hereby repealed. 18.58.160 Zoning Setback Exceptions. dI111 am setbacks of the underlying zoning. However, in some circumstances, allowing AA ee facilities from view. B. The Director or Hearing Examiner, depending on the type of application, may permit modifications to be made to setbacks when: 2. The modification will aid in retaining open space and trees on the site; or 3. The proposed location allows for the wireless communication facility to be located a greater distance from residentially zoned (LDR, MDR, and HDR) properties. C. This zoning setback modification cannot be used to waive/modify any required CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 58 Page 32 of 53 Section 23. Ordinance Nos. 2251 §72 and 2135 §1 (part), as codified at TMC Section 18.58.170, "Height Waivers," are hereby repealed: 18.58.170 Height Waivers. A. Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the height limitations of the Zoning Code, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve following: 1. A particular and identifiable hardship exists or a specific circumstance existence of a hardship shall include, but not be limited to: a. Topography and other site features; b. Availability of alternative site locations; d. Size/magnitude of project being evaluated and availability of co location. Use Plan and to ensure that the granting of the height adjustment will not be detrimental to the public safety, health or welfare, or injurious to other property, and will promote the public interest. with the application for Hearing Examiner review. The petition shall state fully the grounds for the adjustment and all of the facts relied upon by the applicant. Section 24. TMC Section 18.58.190 Amended and Recodified to TMC 18.58.080. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.190, "Removal of Abandoned Wireless Communication Facilities," is hereby amended to recodify this section as TMC Section 18.58.080, which shall read as follows: 18.58.190 18.58.080 Removal of Abandoned Wireless Communication Facilities Any ireless communication 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 fora continuous period of 12 months shall be considered abandoned, and the owner of such antenna or towerfacility shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned tower facility shall result in declaring the antenna and/or towerfacilbi a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 33 of 53 59 Section 25. Regulations Established. A new TMC Section 18.58.090 is hereby established to read as follows: 18.58.200 18.58.090 Eligible Facilities ModificationsRequests A. Under47 USC 1455 and relevant FCC regulations (see 47 CFR §1.6100), a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the City adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law. This section implements § 6409 of the "Middle Class Tax Relief and Job Creation Act of 2012 (the "Spectrum Act") (PL 112 96; codified at 47 U.S.C. § 1455(a)), which requires the base station that docs not substantially change the physical dimensions of such tower or base station. The intent is to exempt eligible facilities requests from zoning and approvals under this chapter on compliance with generally applicable building, structural, related to health and safety. B. Definitions. 1. "Base station "shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower. Base station includes without limitation: a. The term includes, but is not limited to, °Equipment associated with wireless communications services backhaulreqardless of technological configuration (including Distributed Antenna Systems ("DAS") and small wireless facilities). b. • - - -• • _ _ , _ . _ •• . e, Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna SystemsDAS and small cell networkswireless facilities). c. . - . •• - - - .Any structure other than a tower that, at the time an eligible facilities modification application is filed with the City under this chapter, supports or houses equipment described in subparagraphs (a) and (b) of TMC Section 18.58.200.B18.58.090.B, and that has been reviewed and approved under the applicable zoning or siting process, or under another State, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton 60 Page 34 of 53 d. The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the City under this section, does not support or house equipment described in subparagraphs (a) and (b) of TMC Section 18.58.200 . B 18.58.090 . B . 2. "Collocation" shall mean the mounting or installing of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. 23. "Eligible facilitiesmodification request" shall meanand rcfcr to any proposed facilities modification that has been determined pursuant to the provisions of this chapter any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: a. Collocation of new transmission equipment; b. Removal of transmission equipment; or c. Replacement of transmission equipment.- 34. "Eligible support structure" shall mean and refer to any existing tower or base station as defined in this chapter provided it is in existence at the time the eligible facilities modification application is filed with the City under this chapter. 45. "Existing" shall mean and refer to a constructed tower or base station that was reviewed and approved under the applicable zoning or siting process and lawfully constructed; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. 5. "Proposed facilities modification" shall mean and refer to a proposal submitted a. collocation of new transmission equipment; b. removal of transmission equipment; or c. replacement of transmission equipment. 6. "Site "shall mean and refer to the current boundaries of the leased or owned property surrounding a tower (other than a tower in the public rights-of-way) and any access or utility easements currently related to the site and, for other eligible support structures, shall mean and be further restricted to, that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 35 of 53 61 7. "Substantial Change". A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria: a. For towers not in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. The separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. b. For towers not in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet. c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. d. For any eligible support structure: (1) it entails any excavation or deployment outside the current site; except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; (2) it would defeat the concealment elements of the eligible support structure; or (3) it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in this section. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 36 of 53 62 8. "Tower" shall mean and refer to any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. 9. "Transmission Equipment" shall mean and refer to equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. C. • --- - requirements set forth in TMC Section 18.104.060.Application. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. D. Qualification as an eligible facilities request. Upon receipt of an application for an eligible facilities request, the Director shall review such application to determine whether the application qualifies as an eligible facilities request. E. Time frame for review. Applications for an eligible facilities request are reviewed by the Director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the Director determines that the application does not qualify under FWRC 19.257.020.C+ty decisions on eligible facilities modifications shall be issued within 60 days from the date the application is received by the City, subtracting any time between the City's notice of incomplete application or request for additional information and the applicant's of the application. This timing supersedes TMC Section 18.104.130. F. Tolling the time frame for review. The 60 -day review period begins to run when the application is filed and may be tolled only by mutual agreement by the City and the applicant or in cases where the City determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications. 1. To toll the time frame for incompleteness, the City shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application and including a citation to the publicly stated code provision requiring such information. The City CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 37 of 53 63 recognizes that such a notice is limited to information "reasonably related" to determining whether the application meets the "eligible facilities request" requirements. 2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness. 3. Following a supplemental submission, the City will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.lf the City fails to approve or deny an eligible facilities modification within the time frame for review, application has therefore been deemed granted. G. Determination that an application is not an eligible facilities request. If the City determines that the applicant's request does not qualify as an eligible facilities request, the City shall deny the application. H. Failure to act. In the event the City fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. I. Appeals. Applicants and the City may bring claims related to Section 6409 (a) of the Spectrum Act, 47 USC 1455(a) to any court of competent jurisdiction. Section 26. Regulations Established. A new TMC Section 18.58.100 is hereby established to read as follows: 18.58.100 Small Wireless Facility Application Process A. Applicability. Any applications for small wireless facilities either inside or 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 18.58.110 and, to the extent relevant, has submitted all the applicable items in TMC Section 18.58.100.0 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\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 38 of 53 64 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 City's 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 a 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 18.58.110 and pay the applicable permit fee in accordance with 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 that 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 18.58.160.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. City owned 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 27. Regulations Established. A new TMC Section 18.58.110 is hereby established to read as follows: 18.58.110 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: CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 39 of 53 65 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 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 and Chapter 18.54. 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 wireless 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 wireless facility. 4. A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole or replacement light pole if in a new location. 5. Compliance with the applicable aesthetic requirements pursuant to TMC Sections 18.58.150 and 18.58.160. 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. The approval may be conditional (i.e. that the pole owner approves if the City also approves). 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 18.58.110.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. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 40 of 53 66 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 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, if such approvals are required. 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. Those elements that are typically contained in the right-of-way permit pursuant to TMC Chapter 11.08, including a traffic control plan, to allow the applicant to proceed with the build -out of the small wireless facility. 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 28. Regulations Established. A new TMC Section 18.58.120 is hereby established to read as follows: 18.58.120 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 shall permit small wireless facilities only when the application meets the applicable criteria of TMC Chapter 18.58. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 41 of 53 67 2. Vertical clearance shall be reviewed by the Director in accordance with NESC or applicable pole safety codes 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 18.58.160. 4. No equipment shall be operated so as to produce noise in violation of TMC Chapter 8.22. 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 18.58.160.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 facility 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. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 42 of 53 68 F. Supplemental Information. Failure of an applicant to provide supplemental information as requested by the Director within 90 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. 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 29. Regulations Established. A new TMC Section 18.58.130 is hereby established to read as follows: 18.58.130 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 two extensions, each 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 30. Regulations Established. A new TMC Section 18.58.140 is hereby established to read as follows: CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 43 of 53 69 18.58.140 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. B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the stealth techniques used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with TMC Chapter 11.08. Section 31. Regulations Established. A new TMC Section 18.58.150 is hereby established to read as follows: 18.58.150 Decorative Poles A. The City discourages the use or replacement of certain decorative poles for small wireless facilities due to the aesthetic impact to the City's streetscape. Accordingly, the pedestrian light pole (herein referred to as "decorative poles"), designated in the City's Infrastructure Design and Construction Standards Manual, are discouraged from use or replacement for small wireless facilities: B. Applications for small wireless facilities attached to decorative poles shall comply with TMC 18.58.160.F. Section 32. Regulations Established. A new TMC Section 18.58.160 is hereby established to read as follows: 18.58.160 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 single-family 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 CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 44 of 53 70 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 18.58.160.E. 3. Except for electrical meters with prior City approval, 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 18.58.160.E.3 and comply with the Americans with Disabilities Act, City construction standards, and state and 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 signage 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 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 technique requirements pursuant to TMC Section 18.58.160.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 that provide similar or greater protections from negative visual impacts to the streetscape. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 45 of 53 71 B. General Pole Standards. In addition to complying with the applicable general standards in TMC Section 18.58.160.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. 5. Replacement poles shall be located as near as possible to the existing pole, but in no event further than 10 feet from the existing pole. Compliance with the light standards in the Tukwila Infrastructure and Construction Standards Manual is required 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 18.58.160.A and TMC Section 18.58.160.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. All replacement poles shall conform to the City's standard small wireless facility pole design(s) published in the City's Infrastructure Design and Construction Standards Manual. 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 CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 46 of 53 72 would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as described in TMC Section 18.58.160.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. 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 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. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 47 of 53 73 D. Wooden Pole Design Standards. In addition to complying with the applicable general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.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 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 158.58.170.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 CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 48 of 53 74 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. 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 that 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 18.58.160.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. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 49 of 53 75 E. Standards for small wireless facilities on new poles in the rights-of-way and installations on decorative poles. In addition to complying with the applicable general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.B, small wireless facilities proposed to be attached to new poles or decorative poles shall comply with following: 1. Applicability. New poles within the rights-of-way or installations on a decorative pole 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 panelbuilding mount or separate structure; and b. The proposed small wireless facility receives approval for a stealth technique design, as described in TMC Section 18.58.160.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. Review. An application for a new pole or installation on a decorative pole is subject to administrative review and approval or denial by the Director. 3. New poles. All new poles shall conform to the City's standard pole design adopted in the City's Infrastructure Design and Construction Standards Manual and comply with the stealth technique design consistent with TMC Section 18.58.160.E.5. 4. Decorative poles. If the applicant desires to place the small wireless facility on a decorative pole, and the City has adopted a small wireless facility standard for the decorative pole in the City's Infrastructure Design and Construction Standards Manual, then the applicant shall attempt to utilize the adopted decorative pole design. The applicant, upon a showing that using the standard decorative pole design is either technically or physically infeasible, or that a 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 decorative pole design and propose a stealth technique design consistent with TMC Section 18.58.160.E.5. 5. The stealth technique design shall include the design of the screening, fencing, or other concealment technique 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 CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 50 of 53 76 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 18.58.160.A and TMC Section 18.58.160.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 18.58.160.A and TMC Section 18.58.160.B. d. Even if an alternative location is established pursuant to TMC Section 18.58.160.E.1.a, the Director may determine, at the applicant's written request, 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 18.58.160.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 10 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. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 51 of 53 77 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. 6. Pole -mounted equipment shall comply with the requirements of TMC Section 18.58.160.A and TMC Section 18.58.160.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 18.58.160.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. 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 33. 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 34. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 52 of 53 78 Section 35. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update 9-1-21 NG:bjs Review and analysis by Barbara Saxton Page 53 of 53 79 80 Page No. of Ordinance Adopting Small Wireless Design Standards Code Section Industry Comment City Response 2 18.58.020(A)(6) Extent - comment: concerns on interference CITY - this is simply a goal that the City aspires to, it does not require collocation and if collocation was required via a different code section, and the carrier could show that there was an interference issue, collocation would not be required. 2 18.58.020(A)(8) AT&T - proposes revisions, see comment in draft CITY - Agreed with proposed revision 4 18.58.030(A)(1) Crown Castle - consider revising to exemption section to exempt decreases in height or size of antenna from the provisions of this chapter CITY - Reject, they should still be required to apply for an eligible facilities request permit so the city can determine if they meet the EFR requirements 5 18.58.030(A)(10) Crown Castle - proposed revision: Any wireless communications facility that is owned and operated by a government entity for non-commercial CITY - Agreed with comment but suggest the following revision instead: "Any wireless communications facility that is owned and operated by a government entity, for public safety radio systems, ham radio and purposes. business radio systems." 10 18.58.050(E) VERIZON - See question in draft. Extent - See comment in draft. Crown Castle - proposed revision: The reasonable costs actually incurred by the City for such-ef-the technical CITY - Regarding Verizon's comment: Staff recommended removing the agreement provision because it restricted use of the 3rd party review. CITY - Regarding Crown Castle's comment: Agreed with proposed revision, which also addresses Extent's concern. review shall be borne by the applicant, provided that the City provides to the applicant an itemized accounting of the costs actually charged by said third party reviewer and incurred by the City. 10 18.58.050(F) Industry - recommend striking this section because it will be governed by the relevant standard of review under LUPA, federal law or other means of review of City action. CITY -Agreed with proposed revision 10 18.58.050(G) Crown Castle - proposes striking "King County" Superior Court and leaving it as "court of competent jurisdiction. CITY - Agreed with adding "court of competent jurisdiction but left "King County" 15 18.58.060(B)(2)(i) VERIZON & AT&T - would like to add "was not available" to section as the inability to lease is a common reason for not collocating CITY - PC to discuss 17 18.58.060(E) AT&T - Consider revising section to allow permittee to apply for building permit within 1 year of the final approval of the permit and have the facility built within 2 years from the final approval. Reasoning is that as drafted, the requirement is unreasonably restrictive given the typical term of a land use permit in Tukwila (for design review, construction permitting must begin within 3 years of approval, CUPS require a building permit be applied for within 1 year and substantial construction within 2 years. Amended to match CUP process 17 18.58.060(F)(3) AT&T - proposed revision: "Collocated on existing buildings and structures in residential zones not used for single family residential uses CITY - Agree with proposed revision (e.g. religious facility, or public facility, or multifamily building). 18 18.58.060(6)(2) VERIZON - See comment in draft. AT&T - consider adding "to the extent technically feasible" to the end of the section. CITY - Staff struck this requirement as being redundant in light of subsection 3. {EFM2458243.XLSX;1/13175.000001/ } 18 18.58.060(G)(4) VERIZON & AT&T - if locating on a building, the macro facility may exceed the height requirements of the underlying zoning category by 10 feet. Reasoning is that an additional 10 feet is consistent with City's preferences for collocation on buildings CITY— Recommend accepting because it encourages collocation. 14 18.58.060(6)(5) AT&T - proposes permitting up to 15 feet taller, unless additional height increase is required for vertical separation and it is the minimum extension possible to provide sufficient separation from electrical and wireline facilities CITY— Recommend accepting because this is standard for macro facilities. 19 18.58.060(G)(7) AT&T - wants to permit ground-based equipment above ground with the following proposed revision: "Ground-based equipment facilities shall be placed underground if applicable, or, if above ground, shall:" CITY - Recommend rejecting, stated goal is to minimum ground clutter. 20 18.58.060(G)(11) VERIZON - consider striking this section because it is contrary to the stated goal of collocation is also a very vague standard. CITY— PC to discuss 20-21 18.58.070 VERIZON and AT&T suggest reorganizing this section for clarity because not all factors originally listed are relevant for each proposed tower. CITY -Agreed with proposed revision 30 18.58.090(B)(7) VERIZON - suggested revision to comply with FCC CITY - Agreed with proposed revision 31 18.58.090(F)(1) Crown Castle - proposed revision: To toll the time frame for incompleteness, the city shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application and including a citation to the publicly -stated code CITY - Agreed with proposed revision provision requiring such information. The City recognizes that such a notice is limited to information "reasonably related" to determining whether the application meets the "eligible facilities request" requirements. 32 18.58.090(H) Crown Castle - proposed revision: In the event the city fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. An applicant shall have the right to CITY - Reject revision. construct an eligible facilities request that is deemed granted pursuant to this section and no citations may be issued by the City for such construction. 34 18.58.110(A)(4) AT&T - consider only requiring a photometric analysis if the replacement light pole is in a different location. Crown Castle - consider only requiring a photometric analysis if a new pole. CITY - Agreed with proposed revision 34 18.58.100(B) Crown Castle - written approval should take the form of a conditional approval (i.e. pole owner approves if city also approved) CITY -Agreed with proposed revision 35 18.58.100€ Crown Castle - proposed revision: if such approvals are required. CITY - Agreed with proposed revision 35 18.58.110(F) AT&T - proposed revision: "Except when a pole owner exempt from the International Building Code completes its own structural analysis CITY - Rejected revision because a structural, licensed engineer's review is required to ensure structural integrity. 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." Reason is that PSE typically provides a letter addressing the IBC exemption 35 18.58.120 Crown Castle - proposes revision: vertical clearnce shall be reviewed by the Director, in accordance with NESC or applicable pole safety codes..." City - Accepted proposed revision. {EFM2458243.XL5X;1/13175.000001/ } 36 18.58.120©(3) Crown Castle - proposes striking "does not exceed the conditions of a small wireless facility." CITY - Reject. SWF's are allowed to be expanded pursuant EFRs so long as it doesn't exceed the definition of SWF because otherwise it becomes a macro facility and those have different requirements (i.e. they may not be allowed in the ROW where SWF are allowed.) 36 18.58.120(D) VERIZON - consider only notifying directly adjacent property owners rather than all property owners within 100 feet of the proposed facility CITY -Reject. 100 feet is standard. 36 18.58.120(F) Crown Castle - suggests revising to 120 days AT&T - suggests revising to 90 days CITY - Staff accepted 90 days. 37 18.58.130(E) VERIZON - allow unlimited extensions if needed because scheduling fiber and power is outside the control of the applicant. CITY - Staff recommends allowing two extensions. 38 18.58.160(A)(1) AT&T - proposed revision: "...small wireless facilities are prohibited on any property containing a single family residential use in a CITY - this would broaden where SWF can go by allowing them on non residential uses in a residential zone. residential zone" 38 18.58.160(A)(3) AT&T - consider allowing electrical meters on the ground in the ROW because PSE intends to require meters for some SWF and they can't be allowed on the pole or underground. Further, City's preliminary 5G pole standard allowed ground -mounted meters. CITY - Accepted suggestion. 39 18.58.160 B S ( )() AT&T - consider allowingreplacementpoles to be within 10 feet rather than 5 feet of existingCITY p pole -Staff accepted the 10 feet so long as compliance with the construction standards manual is required. 39 18.58.160(6)(7) AT&T - proposes deleting this section because it is covered by the franchise Crown Castle proposes deleting this section because SWF in the ROW are no less important than other utilities CITY - recommend keeping because the pole's primary function should govern its utility to the City. 40 18.58.160©(3) Crown Castle - concern that the restriction of 28 inches from the face of the pole is arbitrary and capricious CITY - this space is the closest to the pole while still allowing access to maintain the antenna if needed 40 18.58.160©(5) Crown Castle - proposes increase the diameter of the permitted antenna to 20 inches rather than 16. CITY - Reject revision because 16 is standard. 43 18.58.160(E)(1)(a) Verizon -proposes to strike this section as follows: "The proposed small wireless facility cannot be located on an transmission tower, the CITY - reject revision, an alternatives analysis does not materially prohibit the carrier's ability to provide service. existing utility pole or, electrical or on a site outside of public rights of way such as a building, transmission tower in in public park, public property, or or on a nonresidential use a re,idential zone, by whether roof or panel mount or ..eparate structure" Extent - also proposes to strike this section: they request not requiring use of private property before being allowed to install a new pole in the ROW. 44 18.58.160(E)(3) AT&T the following: If is the CITY - Staff accepted proposed revision. - proposes striking no existing metered service available, applicant shall provide new metered electrical service . 45 18.58.160(E)(5)(d) VERIZON - proposed revision: "Even if an alternative location is established pursuant to TMC Section 18.58.160.E.1.a, at the request of the CITY - Staff accepted the proposed revision. Applicant, the Director may determine that a new pole in the right-of-way is in fact a superior alternative" 45 18.58.160(E)(5)(e) Crown Castle - questions why a lease is required if a new or replacement pole is located in the ROW CITY - any time any equipment or poles are located in the ROW or on City property, City requires executing a lease to govern the access to that specific site. 45 18.58.160(F)(3) Crown Castle - proposes allowing the strand -mounted SWF to be ten feet rather than five feet from the pole. CITY - Staff accepted proposed revision. {EFM2458243.XLSX;1/13175.000001/ } 03 City of Tukwila: Wireless Code Update Emily Miner miner@omwlaw.com (206) 447-7000 How we got here • 2016: Industry requests to install Small Cells • 2016-2018: Cities prepare for Small Cell deployment • 2018: FCC Issued Declaratory Rule & Third Report and Order • 2019-2021: cities update codes to reflect necessary changes Wooden pole installations Actual installations in Seattle sg Sample non-wooden pole installations Sample non -wooden pole installations o Aesthetic Requirements 1. Published in Advance 2. Reasonable vs Effective Prohibition - 332 & 253 rn 0NW "materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment." - California Payphone (1997 - FCC Case) 11P Significant Gap in Coverage Least Intrusive Means 7 Where does the City stand? • April 2021: Adoption of interim code • May 2021: Adoption of non -wooden pole design standard • .June 2021: Internal review and update of wireless code to bring it into compliance with FCC Orders • July 2021: Industry and SEPA/GMA review • August 2021: Planning Commission review of code updates • PC made some additional changes recommended by wireless carriers, highlighted in the ordinance 8 Key Elements of TMC Chapter 18.58.060: Macro Facilities • Establishes "Macro Facilities" as a permitted use in all zones within the City subject to a prioritized hierarchy • Collocations are approved by Director • New towers are approved by Hearing Examiner • Clarifies permitting process • Updates design and concealment standards for macro facilities en OMW 9 TMC 18.58.060(B): Macro Facility Application Requirements • Application process and requirements for macro facilities • Site specific locational information • Detailed schematics and visual renderings • Construction drawings. • Compliance with the aesthetic standards • Sworn affidavit from an RF engineer confirming the facilities will be compliant with FCC and other governmental regulations related to human exposure to radio frequency emissions for all frequencies the facilities will operate at • Proof of all other necessary approvals (FAA, FCC) • If not proposing a collocation, then documentation that co - locating was not technically feasible or that it posed a physical problem • Professional engineer certification of construction plans and structure foundation OMW 10 TMC 18.58.060(F): Macro Facility Location Hierarchy 1. Collocated on existing macro facility or another existing public facility/utility facility (i.e., existing or replacement utility pole or an existing monopole/tower). 2. Collocated on existing buildings and structures located in nonresidential zones. 3. Collocated on existing building and structures in residential zones not used for single-family residential uses (e.g., religious facility or public facility, or multifamily building). 4. New monopole/tower proposed in an industrial, commercial, or business zone district 5. New monopole/tower proposed in a residential zone district rn OI IV V 11 TMC 18.58.060(G): Macro Facility Design and Concealment Standards • Antennas are located, mounted and designed to reduce visual and aesthetic impacts upon surrounding land uses • Facilities are screened or camouflaged employing the best available techniques • If locating on a building, facilities may exceed height requirement of underlying zone by ten (10) feet if needed • Equipment facilities shall be placed underground if applicable, or, if above ground, shall be screened and not within the setback • May not produce noise in excess of noise ordinance OMW 12 Key Elements of TMC Chapter 18.58.100-160: Small Wireless Facilities • Establishes "Small Wireless Facilities" ("SWF") as a permitted use in all zones within the City. • Small wireless facilities are prohibited on property containing a residential use in a residential zone (except when located in the right-of-way). • Provides permitting process, and design and concealment standards for SWF TMC 18.58.100-110: SWF Application and Review • Site specific locational information. • Detailed schematics and visual renderings. • Construction drawings. • Compliance with the aesthetic standards. • Pole owner permission and pole related structural confirmations. • Sworn affidavit from an RF engineer confirming the facilities will be compliant with FCC and other governmental regulations related to human exposure to radio frequency emissions for all frequencies the facilities will operate at. • Proof of all other necessary approvals (FAA, FCC...) • Professional engineer certification of construction plans and structure foundation. 14 TMC 18.58.160(A) & (B): SWF General Design and Concealment Standards • Ground mounted equipment (except electric meters) are prohibited unless placed in a vault. • Poles must be constructed ADA compliant. • Signs not allowed, unless required. • Preferred location is the location with the lease visible impact. • Antennas and equipment shall not dominate the structure. • Except for locations in the ROW, facilities are prohibited on any property containing a residential use in a residential zone. • City can consider the cumulative visual effects of facilities but shall not be used to limit the number of permits when no alternative site are reasonably available. en OMW 15 TMC 18.58.160: SWF Design and Concealment Standards • TMC 18.58.160(C): Existing or replacement non -wooden light poles or utility poles in the ROW, or non -wooden light poles of utility poles outside of the ROW. • TMC 18.58.160(D): Small wireless facilities located on wooden poles. • TMC 1 8.58.160(E): Small wireless facilities located on new poles. • TMC 18.58.160(F): Small wireless facilities located on strands. • TMC 18.58.160(G): Small wireless facilities located on existing buildings. OMW 16 TMC18.58.160(E): SWF on New Poles or on Decorative Poles • New Poles or SWF on Decorative Poles are allowed if applicant: • Establishes the facility cannot be placed on an existing pole, tower or outside the ROW. • Complies with design and concealment standards. • Stealth technique design is approved. • Complies with all relevant law (SEPA, Shoreline Management Act, etc.) • No new poles shall be located in a critical area or buffer. TMC 18.58.160(E): SWF on New Poles or Decorative Poles • Stealth Techniques • Seeks to minimize the visual obtrusiveness of the facility. • Similar designs to neighboring poles, including similar height. • If a stealth technique design has been approved for the same ROW or pole, then the applicant must utilize a substantially similar design. 18 TMC 18.58.090: Eligible Facilities Requests • Requests to modify any existing tower or base station that does not substantially change the physical dimensions of that tower or base station involving. • Substantial change is defined and provides the limitation on what can be done. • There is a quick 60 day turn around for these types of applications. • Deemed granted if no action taken. • This is all prescribed by federal law. OMW 19 O Process August 26, 2021: PC Reviewed updated code and forwarded a recommendation to Council September 1 3, 2021: Ordinance to Transportation and Infrastructure Committee September 27, 2021: Ordinance to Committee of the Whole for hearing October 4, 2021: Final draft to Council for action OMW 20 Questions? 106 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes Septemberl3, 2021 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Verna Seal, Chair, De'Sean Quinn, Thomas McLeod Staff Present: David Cline, Hari Ponnekanti, Brittany Robinson, Adam Cox„ Muhammad Musa, Nora Gierloff, Seong Kim Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA Chair Seal announced that item 2b, Macadam Rd S Water Upgrade Project Design Supplemental Change Order No. 4, does not require Council approval and would be removed from discussion. A. Ordinance: Small Wireless Facilities *Staff is seeking Council approval of an ordinance to amend Tukwila Municipal Code 18.58 Wireless Communications Facilities to incorporate new FCC requirements, revisions to the macro facility permitting and design requirements, and establish a permitting process and aesthetic requirements. Committee Recommendation Unanimous approval. Forward to September 27, 2021 Committee of the Whole. B. Supplemental Agreement: Sewer Lift Stations No. 2, 4 and 12 Staff is seeking Council approval of a supplemental agreement with PACE Engineers in the amount of $53,000 for design and construction management for the Sewer Lift Station No. 2 Upgrades, Sewer Lift Station No. 4 Electrical Upgrades, and Sewer Lift Station No. 12 Wet Well Remediation projects. Committee Recommendation Unanimous approval. Forward to September 20, 2021 Regular Consent Agenda. C. Supplemental Agreement: 42"d Avenue South Bridge Replacement Project Staff is seeking Council approval of a supplemental agreement with TranTech Engineering LLC in the amount of $1,528,174.00 for 100% plans, specifications and engineering estimate for the design phase of the 42nd Avenue South Bridge Replacement Project. Funding is from the $1.5M PSRC award. Item for follow-up: Update the memo to reflect the percentage increase as well as the new contract amount. Committee Recommendation Unanimous approval. Forward to September 20, 2021 Regular Consent Agenda. 107