SEP21-0005
CITY OF FIFE, WASHINGTON
DETERMINATION OF NONSIGNIFICANCE
Project Name: Small Cell Wireless Code Amendments
Project Applicant: Fife Community Development Department
ATTN: Steve Friddle
5411 23rd St E
Fife, WA 98424
Description of Proposals: The proposal adopts new code provisions for the installation of small
cell wireless facilities within the City and adopts a process for eligible facilities request under our
current wireless communications facilities regulations. No physical develop is considered at this
time.
Location of Proposal: City Wide
Case No: SEP21-0005 Lead Agency: City of Fife
The lead agency for this proposal has determined that the proposed action does not have a
probable significant adverse impact on the environment, and an environmental impact statement
(EIS) is not required, provided the attached mitigation measures in attachment A, are
implemented concurrent with the proposal. This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is
available to the public on request, or by visiting the City’s Public Portal at https://ci-fife-
wa.smartgovcommunity.com/PublicNotice/PublicNoticeHome
Public Comment Deadline: This DNS is issued under WAC 197-11-340(2). The lead agency will
not take final action on this proposal prior to the appeal deadline. The public is invited to comment
on this DNS by submitting written comments to the City of Fife, Attn: Steve Friddle, Community
Development Director, 5411 23rd Street East, Fife, WA 98424 or by email at
sfriddle@cityoffife.org. Comments must be received by 5:00 pm on Tuesday September 14th,
2021
Appeal: Parties with standing may appeal this decision to the hearing examiner by submitting a
written notice of appeal in accordance with FMC Chapter 14.10, along with a check for the
applicable appeal fee, to the Fife Community Development Department, 5411 23rd Street East, Fife,
WA 98424, within 14 days of the close of the public comment period. The deadline for appeals
shall therefore be Tuesday September 28th, 2021.
Please call the Community Development Department at 253-922-9625 for any questions regarding
the above application.
2
Responsible Official: Chris Larson, SEPA Responsible Official
August 31st, 2021
Chris Larson, AICP Date:
Senior Planner/SEPA Responsible Official
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 1 of 4
SEPA ENVIRONMENTAL CHECKLIST
Purpose of checklist:
Governmental agencies use this checklist to help determine whether the environmental impacts of your
proposal are significant. This information is also helpful to determine if available avoidance, minimization
or compensatory mitigation measures will address the probable significant impacts or if an environmental
impact statement will be prepared to further analyze the proposal.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your proposal. Please
answer each question accurately and carefully, to the best of your knowledge. You may need to consult
with an agency specialist or private consultant for some questions. You may use “not applicable” or
"does not apply" only when you can explain why it does not apply and not when the answer is unknown.
You may also attach or incorporate by reference additional studies reports. Complete and accurate
answers to these questions often avoid delays with the SEPA process as well as later in the decision-
making process.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your proposal
or its environmental effects. The agency to which you submit this checklist may ask you to explain your
answers or provide additional information reasonably related to determining if there may be significant
adverse impact.
Instructions for Lead Agencies:
Please adjust the format of this template as needed. Additional information may be necessary to
evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse
impacts. The checklist is considered the first but not necessarily the only source of information needed to
make an adequate threshold determination. Once a threshold determination is made, the lead agency is
responsible for the completeness and accuracy of the checklist and other supporting documents.
Use of checklist for nonproject proposals:
For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable
parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please
completely answer all questions that apply and note that the words "project," "applicant," and "property or
site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead
agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not
contribute meaningfully to the analysis of the proposal.
A. Background [HELP]
1. Name of proposed project, if applicable:
Small Cell Municipal Code Update
2. Name of applicant: City of Fife
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 2 of 4
3. Address and phone number of applicant and contact person:
Steve Friddle
Community Development Director
City of Fife
253-896-8633
4. Date checklist prepared:
August 20th, 2021
5. Agency requesting checklist:
City of Fife
6. Proposed timing or schedule (including phasing, if applicable):
Adoption end of 2021/beginning of 2022.
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain.
None
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
None.
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
None.
10. List any government approvals or permits that will be needed for your proposal, if known.
None.
11. Give brief, complete description of your proposal, including the proposed uses and the size
of the project and site. There are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to repeat those answers on this
page. (Lead agencies may modify this form to include additional specific information on project
description.)
The proposal adopts new code provisions for the installation of small cell wireless facilities within
the City and adopts a process for eligible facilities request under our current wireless
communications facilities regulations.
No physical develop is considered at this time.
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address, if any, and section, township, and
range, if known. If a proposal would occur over a range of area, provide the range or
boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic
map, if reasonably available. While you should submit any plans required by the agency, you
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 3 of 4
are not required to duplicate maps or detailed plans submitted with any permit applications
related to this checklist.
The proposal applies City-wide.
B. Environmental Elements [HELP]
Section B does not provide meaningfulness environmental analysis of this proposal and has
been excluded.
C. Signature [HELP]
The above answers are true and complete to the best of my knowledge. I understand that the
lead agency is relying on them to make its decision.
Signature: ________________________________________
Name of signee:Steve Friddle____________________________
Position and Agency/Organization: Community Development Director___________________
Date Submitted: 08/23/21
D. Supplemental sheet for nonproject actions [HELP]
(IT IS NOT NECESSARY to use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in conjunction
with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity or
at a faster rate than if the proposal were not implemented. Respond briefly and in
general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; pro-
duction, storage, or release of toxic or hazardous substances; or production of noise?
The adoption of the proposed code amendment will not increase any of the items listed above.
Proposed measures to avoid or reduce such increases are:
Implementation of FMC and applicable development regulations.
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
The proposal is not likely to affect plants, animals, fish or marine life.
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
Implementation of FMC and applicable development regulations.
3. How would the proposal be likely to deplete energy or natural resources?
The proposal is not likely to deplete energy or natural resources.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 4 of 4
Proposed measures to protect or conserve energy and natural resources are:
Implementation of FMC and applicable development regulations.
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
The proposal is not likely to affect environmentally sensitive areas or areas designated for
protection. The proposed regulations specifically do not allow for wireless facilities to be located
within the buffer of a critical area.
Proposed measures to protect such resources or to avoid or reduce impacts are:
Implementation of FMC and applicable development regulations.
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
The proposal is not likely to affect shoreline use or access to the shoreline.
Proposed measures to avoid or reduce shoreline and land use impacts are:
Implementation of FMC, Shoreline Master Program, and applicable development regulations.
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
The proposal is not likely to increase demands on transportation or public services.
Proposed measures to reduce or respond to such demand(s) are:
Implementation of FMC and applicable development and concurrency regulations.
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
The proposal does not conflict with other state or federal laws or protection of the environment.
Pg. 1
DRAFT - 08/20/21
Small Cell Code Amendments
NEW SECTION - DEFINITIONS
19.06.0748 – Small Cell Facility
“Small cell facilities” are small wireless facilities that meet each of the following conditions:
(a) The facilities:
(i) Are mounted on structures 50 feet or less in height including their antennas; or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent
structures; or
(iii) Do not extend existing structures on which they are located to a height of more
than 50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any preexisting associated equipment on the
structure, is no more than 28 cubic feet in volume; and
(d) The facilities do not result in human exposure to radio-frequency radiation in excess of
the applicable safety standards as specified by the FCC.
“Small Cell Facility” means an interrelated network of spatially separated antenna nodes
connected to a common source via a transport medium that provides wireless service within a
geographic area. Including facilities similar in nature to small cell facilities, micro-cells, and
Distributed Antenna Systems (DAS).
19.06.749 Small cell network
“Small cell network” shall mean and refer to a collection of inter related small cell facilities
designed to deliver personal wireless services.
Pg. 2
DRAFT - 08/20/21
AMEND EXISTING CHAPTER 19.72 - WIRELESS COMMUNICATION FACILITIES (WCF)
19.72.020 Chapter Application
This chapter applies to existing and proposed WCFs, except that small cell facilities are subject to
FMC Chapter 19.74.
Pg. 3
DRAFT - 08/20/21
NEW CHAPTER
19.74 – Small Cell Wireless Facilities
17.74.010 Intent
17.74.020 Definitions
17.74.030 Small Cell Permit
17.74.040 Lease or Franchise Agreement
17.74.050 Application
17.74.060 Application Review
17.74.070 Permit Requirements
17.74.080 General Requirements.
17.74.090 Wooden Utility Pole Design Standards.
17.74.100 Small Cell Facilities Attached to Light Poles and Other Non-wooden Poles
17.74.110 Small Cell Facilities Attached to Existing Buildings
17.74.120 New Poles in the Rights-of-Way for Small Cell Facilities.
17.74.130 Concealment Design Plan
17.74.010 Intent - In order to manage its right-of-way and the proliferation of small cell
technology within the city in a thoughtful manner which balances the need to
accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the city while complying with the requirements of state and
federal law, the city has adopted this process for the deployment of small cell technology.
Small cell facilities are permitted in all zoning districts in the city, subject to the following
special requirements and performance standards.
17.74.020 Definitions – The following definitions apply to the provisions of this chapter.
A. “Antenna” means an apparatus designed for the purpose of emitting radio -frequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization,
for the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term “antenna” does not include an unintentional radiator,
mobile station, or device authorized under 47 CFR Part 15. Types of antenna(s) include, but
are not limited to:
1. “Directional antenna” (also known as “panel” antenna) means an antenna which
transmits and receives radio-frequency signals in a specific directional pattern of less
than 360 degrees
2. “Omnidirectional antenna” (also known as a “whip” antenna) means an antenna which
transmits and receives radio-frequency signals in a 360-degree radial pattern.
3. “Parabolic antenna” (also known as a “dish” antenna) means an antenna which is a
bowl-shaped device for the reception and/or transmission of radio-frequency
communication signals in a specific directional pattern.
Pg. 4
DRAFT - 08/20/21
4. “Stealth antenna” means an antenna installed inside a nonantenna structure, o r
camouflaged to appear as a nonantenna structure.
B. “Disrepair,” as used in this chapter, refers to a facility or structure which has become so
damaged or deteriorated on account of age, the elements, wear and tear, or other cause,
that it has become a threat to public safety or would constitute a public nuisance as defined
in the Fife Municipal Code.
C. “Structure,” for the purposes of this section, means a pole, tower, base station, or other
building, whether or not it has an existing antenna facility, that is used or to be used for the
provision of personal wireless service (whether on its own or commingled with other types
of services).
D. “Unified enclosure” shall mean a small cell facility providing concealment of antennas and
equipment within a single enclosure.
17.74.030 Small Cell Facility Permit – To streamline the review and approval of small cell
facilities the Community Development and Public Works Departments shall review a single
permit covering all aspects of the installation of small cell facilities, known as a small cell
facility permit. This excludes the review and approval of lease and/or franchise agreement
with the City. The issuance of a small cell permit for proposed facilities in the rights -of-way
grants authority to construct small cell 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 development services department. As an
exercise of police powers pursuant to RCW 35.99.040(2), the small cell facility permit is not
a right-of-way work permit, but instead a consolidated public works, building, and land use
permit. However, the standards and requirement for work in the right of way under FMC
Chapter 12.09 shall apply, but a separate right of way work permit shall not be required.
17.74.040 Lease or Franchise Agreement –
A. City of Fife - An applicant is responsible for obtaining a lease agreement if the proposed
small cell facilities are located on city-owned infrastructure and a franchise agreement if
located within the right-of-way. Administrative review of a small cell permit may occur
in parallel with the lease process; provided, however, that the small cell permit will not
be issued until the applicant is granted a lease by the City.
B. Non-City property – An applicant is responsible for obtaining and submitting approval
from the owner of any non-city owned property on which a small cell facility is proposed
to be located.
Pg. 5
DRAFT - 08/20/21
17.74.050 Application - Applicants shall apply for a small cell permit and submit a fee
deposit commensurate with the estimated administrative costs of processing the small cell
permit application. The deposit shall be set by the director.
A. The application shall provide specific locational information including GPS coordinates
of all proposed small cell facilities and specify whether the small cell facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures.
Ground-mounted equipment, conduit, junction boxes and fiber and electrical
connections necessary for and intended for use in the deployment shall also be specified
regardless of whether the additional facilities are to be constructed by the applicant or
leased from a third party. Where another party is responsible for installing such electric
and fiber utilities, conduit, cables, and related improvements, the applicant’s
construction drawings shall include such utilities to the extent known at the time of
application, but at a minimum the applicant must indicate how it expects to obtain fiber
and electric service to the small cell facility. Detailed schematics and visual renderings of
the small cell facilities, including engineering and design drawings, shall be provided by
the applicant. The application shall have sufficient detail to identify:
1. The type and location (horizontally and vertically) of all existing utilities (electrical,
communication, cable, water, sewer, storm water, etc.) within 50 feet of the
proposed project area (the project area shall include the location of the proposed
fiber source and power source and other improvements necessary to operate the
facility).
2. The specific trees, structures, improvements, facilities, lines and equipment, and
obstructions, if any, which the applicant proposes to temporarily or permanently
remove or relocate and a landscape plan for protecting, trimming, removing,
replacing, and restoring any trees or areas to be disturbed during construction.
3. All existing improvements related to the proposed location, including but not limited
to poles, driveways, ADA ramps, equipment cabinets, street trees and structures
within 50 feet from the proposed project area.
4. Compliance with the aesthetic requirements of this section.
B. A concealment design plan, if required based on the location and type of the proposed
small cell facility, must be submitted as part of the initial application.
C. The applicant must show written approval from the owner of any pole or structure for
the installation of its small cell facilities on such pole or structure. Such written approval
shall include approval of specific poles including the approved method for attachment.
Pg. 6
DRAFT - 08/20/21
Submission of the lease agreement between the owner and the applicant is not
required. For city-owned poles or structures, the applicant must obtain a lease or
franchise agreement from the city prior to or concurrent with the small cell facility
permit application and must submit as part of the application the information required
in the lease for the city to evaluate the usage of a specific pole.
D. If the application is for a new light pole or a replacement light pole, then the applicant
must provide a photometric analysis.
E. The applicant can batch multiple small wireless facility sites in one application. The
applicant is encouraged to batch the small wireless facility sites within an application in
a contiguous service area.
F. Any application for a small cell facility located in the right-of-way adjacent to a parcel
used for any residential use shall demonstrate that it has considered the following:
1. Whether a small cell facility is currently installed on an existing pole in front of the
same residential parcel. If a small cell facility exists, then the applicant must
demonstrate that no technically feasible alternative location exists which is not in
front of the same residential parcel.
2. Whether the proposed small cell facility can be screened from residential view by
choosing a pole location that is not directly in front of a window or views.
G. Any application for a small cell permit which contains an element which is not exempt
from SEPA review shall simultaneously apply under Chapter 43.21C RCW and
Chapter 17.04 FMC. Further, any application proposing small cell facilities in the City’s
Shoreline Jurisdictions (pursuant to the currently adopted shoreline management
program) or in critical areas must indicate that the application is exempt or comply with
the review processes in such codes.
H. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of
the proposed project affirming that the small cell deployment will be compliant with all
Federal Communications Commission (FCC) and other applicable governmental
regulations in connection with human exposure to radio -frequency emissions for every
frequency at which the small cell facility will operate. If additional transmission facilities
necessary to the small cell facility, such as microwave backhaul, are to be provided by a
third party, then the small cell permit shall be conditioned on an RF certification
showing the cumulative impact of the RF emissions of the entire installation. The
applicant may provide one emissions report for the entire small cell deployment if the
applicant is using the same small cell facility configuration for all installations within that
Pg. 7
DRAFT - 08/20/21
batch or may submit one emissions report for each subgroup installation identified in
the batch.
I. The applicant shall provide proof of FCC and other regulatory approvals required to
provide the service(s) or utilize the technologies sought to be installed.
J. A structural engineer licensed by the state of Washington shall certify in writing, over his
or her seal, that the construction plans of the small cell facilities and structure or pole
and foundation are designed to reasonably withstand wind and seismic loads or, in the
case of a utility-owned structure, provide written confirmation that the pole will support
the additional loads.
K. Applicants shall submit a traffic control plan and other information that would be
necessary for a right-of-way work permit under FMC Chapter 12.09 for work within the
right of way.
L. Recognizing that small cell facility technology is rapidly evolving, the director is
authorized to adopt and publish standards for the technological and structural safety of
city-owned structures and to formulate and publish application questions for use when
an applicant seeks to attach to city-owned structures.
17.74.060 Application Review
A. A pre-application meeting is encouraged prior to submitting an application for a small
cell permit, and strongly encouraged for large batches of antennas installed in
residential neighborhoods. The purpose of a pre-application meeting is to discuss the
nature of the proposed deployment of the small cell network, review process and
schedule, and applicable plans, policies and regulations.
B. The city shall make reasonable efforts to issue the small cell permit in a time period that
adheres to the presumptively reasonable periods of time set by the FCC and also
consistent with any conflicting provisions of state or federal law, and the preservation of
the city’s health, safety and aesthetic environment.
C. The director may approve, deny or conditionally approve all or any portion of the sites
proposed in the small cell permit application. The denial of one or more small cell facility
locations within a batched submission shall not be the sole basis for a denial of other
locations or the entire application for small cell facilities.
D. Any applicant may withdraw an application at any time, provided the withdrawal is in
writing and signed by all persons who signed the original application or their successors
Pg. 8
DRAFT - 08/20/21
in interest. When a proper 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 prorated to withhold the
amount of city costs incurred in processing the application prior to time of withdrawal.
These city costs shall be based upon a determination by the director of the total hours
expended in project review from the time of project application to time of withdrawal,
utilizing an hourly dollar amount for staff time as established in the currently adopted
fee schedule. 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.
E. Any applicant may revise an application. Such revision shall be deemed to supersede the
prior application documents. If such revision changes the methods of compliance with
this chapter and therefore requires additional review to determine compliance, the
director may assess another application fee equal to the amount required to review that
application.
F. Failure of an applicant to provide additional information as requested within 60 days of
notice by the director shall be deemed a withdrawal of that application, unless an
extension period has been approved by the director.
G. If the applicant includes small cell facility locations within a residential or mixed -use
zone, the director shall provide notice of a complete application for a small cell permit
on the city’s website with a link to the small cell permit application. The notice shall
include an email contact and telephone number for the applicant to answer citizen
inquiries.
H. Review of the site locations proposed by the applicant shall be governed by the
provisions of 47 USC 253 and 332 and other applicable statutes, regulations and case
law. Applicants for small cell facility permits shall be treated in a competitively neutral
and nondiscriminatory manner with other service providers, utilizing supporting
infrastructure which is functionally equivalent, that is, service providers whose facilities
are similarly situated in terms of structure, placement, or cumulative impacts. Small cell
facility permit review under this chapter shall neither prohibit nor have the effect of
prohibiting the ability of an applicant to provide telecommunications services
I. The director shall use the criteria listed below when deciding upon the application. In
addition, the director may approve the application only if:
1. It is consistent with this section and the comprehensive plan; and
2. It is consistent with the purpose and intent of the zone in which the site is located;
and
Pg. 9
DRAFT - 08/20/21
3. It is consistent with the public health, safety and welfare.
J. The director shall approve, approve with conditions or modifications, or deny an
application. The director shall include any conditions to ensure consistency with city
zoning and utility regulations, and may include mitigation measures proposed under
SEPA, if applicable. The applicant carries the burden of proof that a preponderance of
the evidence supports approval of the application or approval with conditions or
modifications.
K. Administrative review decisions and SEPA threshold determinations are final decisions,
effective on the day issued. The director’s decision is the city’s final decision on the
application and is not subject to administrative appeals.
L. Appeal to Superior Court. A final decision on Small Cell Permits issued by the director
may be appealed to the Pierce County Superior Court.
17.74.070 Permit Requirements.
A. The applicant of any permit shall comply with all of the requirements within the small
cell permit.
B. Construction of the small cell facility must be completed within 12 months after the
approval date by the city. The applicant may request one extension, to be limited to 12
months, if the applicant cannot construct the small cell facility within the original 12-
month period.
C. Within 30 days after construction of the small cell facility, the applicant shall provide the
city with as-builts and site photographs of the small cell facilities, demonstrating
compliance with the permit requirements and conditions.
D. The applicant shall commence operation of the small cell facility no later than six
months after installation, which may be extended for an additional six months upon the
applicant’s request for additional time due to matters beyond its reasonable control.
Speculative construction of small cell facilities, without a committed wireless carrier
and/or a planned “go live” date, is prohibited.
E. The applicant must maintain the small cell facilities in safe and working condition. The
applicant 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. The construction and design of the site should take into
consideration methods and techniques to avoid vandalism and graffiti.
Pg. 10
DRAFT - 08/20/21
F. Modification to Small Cell Facilities.
1. If a applicant desires to make a modification to an existing small cell facility,
including but not limited to expanding or changing t he antenna type, increasing the
equipment enclosure, placing additional pole-mounted or ground-mounted
equipment, or modifying the concealment elements, then the applicant shall apply
for a new small cell permit.
2. A small cell permit shall not be required for routine maintenance and repair of a
small cell facility, or the replacement of an antenna or equipment of similar size,
weight, and height; provided, that such replacement does not defeat the
concealment elements used in the original deployment of the small cell facility, does
not impact the structural integrity of the pole, and does not require pole
replacement. As used in this section “similar size, weight, and height” shall mean no
more than a 10 percent increase in any dimension. Further, a small cell facility
permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small cell facility. Right -of-way
use permits may be required for such routine maintenance, repair or replacement
consistent with FMC Title 12.
17.74.080 General Requirements.
A. 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 the applicant builds an
underground vault it should design such vault to allow for co -location of additional
equipment. If ground-mounted equipment is necessary, then the applicant shall submit
a concealment design plan. Generators located in the rights-of-way are prohibited.
B. When a batch of antennas are proposed to be installed in a neighborhood, the applicant
shall consider full build out of the batch, and provide an analysis of the cumulative
impact from the full batch build out.
C. No equipment shall be operated so as to produce noise in violation of FMC
Chapter 9.56 - Noise Control.
D. Small cell facilities are not permitted on traffic signal poles.
Pg. 11
DRAFT - 08/20/21
E. Small cell facilities are not permitted on ornamental poles, which are described in the
City Standards for Public Works Engineering and Construction Manual. This includes
ornamental poles in parks and within city facility grounds.
F. Replacement poles and new poles shall comply with the Americans with Disabilities Act
(ADA), city construction and sidewalk clearance standards, and state and federal
regulations in order to provide a clear and safe passage within the rights-of-way.
G. Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole, and shall also be use to serve the purpose
of the original pole.
H. The design approved in a small cell permit shall be considered concealment elements
and such facilities may only be expanded upon an eligible facilities request described in
this chapter when the modification does not defeat the concealment elements of the
small cell facility.
I. No signage, message or identification other than the manufacturer’s identification or
identification required by governing law is allowed to be portrayed on any antenna, and
any such signage on equipment enclosures shall be of the minimum amount possible to
achieve the intended purpose; provided, that signs are permitted as concealment
element techniques where appropriate.
J. 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 a concealment
design plan.
K. Side arm mounts for equipment enclosures are prohibited. Further, antennas placed on
side arm mounts must comply with the requirements in section .090.F of this chapter,
and may not be placed on any preexisting side arm mount that extends over the
vehicular portion of the rights-of-way.
L. Any small cell facility shall be removed by the facility owner or authorized agent within
six months of the date it ceases to be operational or if the facility falls into disrepair.
“Disrepair,” as used in this section, refers to a facility or structure which has become so
damaged or deteriorated on account of age, the elements, wear and tear, or other
cause that it has become a threat to public safety or would constitute a public nuisance
as defined in the Fife Municipal Code.
M. The preferred location of a small cell facility on a pole is the location with the least
visible impact.
Pg. 12
DRAFT - 08/20/21
N. Antennas, equipment enclosures, and ancillary equipment, conduit and cabl e shall not
dominate the building or pole upon which they are attached.
O. The city may consider the cumulative visual effects of small cells 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.
P. Small cell facilities are not permitted on any property containing a residential use in the
SFR or SLR zone.
Q. Small cell 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.
R. The design standards in this section are intended to be used solely for the purpose of
concealment and siting. Nothing herein shall be interpreted or applied in a manner
which dictates the use of a particular technology, nor prohibits or has the effect of
prohibiting the provision of personal wireless services.
17.74.090 Wooden Utility Pole Design Standards. Small cell facilities located on wooden
utility poles shall conform to the following design criteria:
A. The utility pole at the proposed location may be replaced with a taller pole for the
purpose of accommodating a small cell 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 .
Replacement wooden utility poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden utility pole used by
the pole owner in the city.
B. A pole extender may be used instead of replacing an existing pole, but may no t 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. 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. A “pole extender” as used herein is an
object affixed between the utility pole and the antenna for the purpose of increasing the
height of the antenna above the pole.
Pg. 13
DRAFT - 08/20/21
C. 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 utility pole
on which they are attached
D. Multiple antennas are permitted on a utility pole; provided, that each antenna
enclosure shall not be more than three cubic feet in volume, with a cumulative total
antenna volume not to exceed 12 cubic feet. Antennas should be placed in an effort to
minimize visual clutter and obtrusiveness.
E. Panel antennas shall not be mounted more than 12 inches from the back of the antenna
to the surface of the utility pole.
F. A canister antenna may be mounted on top of a utility pole, but may not increase the
height by more than 10 feet. A canister antenna mounted on the top of a utility pole
shall not exceed the diameter of the pole by more than 12 inches, measured at the top
of the pole, and 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 utility pole. All cables shall be
concealed either within the canister antenna or within a sleeve between the antenna
and the utility pole.
G. An omnidirectional antenna may be mounted on the top of an existing utility 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.
H. All related equipment, including but not limited to ancillary equipment, radios, cables,
associated shrouding, microwaves, and conduit which are mounted on utility 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.
I. Equipment for small cell facilities must be attached to the utility pole, unless otherwise
permitted to be ground-mounted pursuant to section 080.A of this chapter. 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 but not limited to any conduit, disconnect switches and meters),
including wireless equipment associated with the antenna and any preexisting
associated equipment on the pole on the pole, may not exceed 28 cubic feet. Multiple
equipment enclosures may be acceptable if designed to more closely integrate with the
Pg. 14
DRAFT - 08/20/21
pole design and all associated equipment does not cumulatively exceed 28 cubic feet.
The applicant is encouraged to place the equipment enclosure behind road signs that
may be on the pole, if such road signs are allowed by the pole owner and city code;
provided, that such location does not interfere with the operation of the road signs or
the small cell facility.
J. 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 but not limited to any conduit on the pole, disconnect switches
and meters), including wireless equipment associated with the antenna and any
preexisting associated equipment on the pole, does 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 road signs; provided, that such location does not interfere
with the operation of the road signs or the small cell facility.
K. Any equipment or antenna enclosures on poles within the right of way must meet
WSDOT height clearance requirements.
L. The visual effect of the small cell facility on all other aspects of the appearance of the
utility pole shall be minimized to the greatest extent possible.
M. The use of the utility pole for the siting of a small cell facility shall be considered
secondary to the primary function of the utility pole. If the primary function of a utility
pole serving as the host site for a small cell facility becomes unnecessary, the utility pole
shall not be retained for the sole purpose of accommodating the small cell facility and
the small cell facility and all associated equipment shall be removed.
N. All cables and wires shall be routed through conduit 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 cell.
O. A concealment design plan shall be prepared for wooden poles within residential zones,
or when the facility is proposed adjacent to a residential use in the commercial,
industrial and business park zones.
17.74.100 Small Cell Facilities Attached to Light Poles and Other Non-wooden Poles -
Small cell facilities attached to existing or replacement non-wooden light poles and other
Pg. 15
DRAFT - 08/20/21
non-wooden poles in the right-of-way or poles outside of the right-of-way shall conform to
the following design criteria:
A. Antennas and the associated equipment enclosures shall be fully concealed within the
pole, unless such concealment is otherwise 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 (no more than
six inches off the pole) to the pole in a manner that integrates the equipment enclosure
into the design of the pole and minimizes clutter and visual impact. If the equipment
enclosure is permitted on the exterior of the pole, the applicant is encouraged to place
the equipment enclosure behind any road signs that may be on the pole; provided, that
such location does not interfere with the visibility of the signs or the operation of the
small cell 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.
B. All conduit, cables, wires and fiber must be routed internally in the light 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.
C. Any replacement pole shall substantially conform to the design of the pole it is replacing
or the neighboring pole design standards utilized within the contiguous right -of-way.
D. The height of any replacement pole may not extend more than 10 feet above the height
of the existing pole.
E. The diameter of a replacement pole shall comply with the city’s setback and sidewalk
clearance requirements, shall not be more than a 25 percent increase in the diameter of
the existing pole measured at the base of the pole, and shall comply with the
requirements in section .080.F of this chapter.
1. If additional diameter is needed in order to conceal equipment or conduit within the
base of the pole, then the applicant shall propose a concealment design plan .
F. An antenna on top of an existing pole may not extend more than six feet above the
height of the existing pole and the diameter may not exceed the diameter of the pole by
more than 12 inches, measured at the top of the pole, unless the applicant can
demonstrate that more space is needed. The antenna shall be integrated into the pole
design so that it appears 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,
Pg. 16
DRAFT - 08/20/21
except for canister antennas which shall not require screening. 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.
G. Any equipment or antenna enclosures on poles in the right of way must meet WSDOT
height clearance requirements.
H. The use of the light pole for the siting of a small cell facility shall be considered
secondary to the primary function of the light pole. If the primary function of a light pole
serving as the host site for a small cell facility becomes unnecessary, the light pole shall
not be retained for the sole purpose of accommodating the small cell facility and the
small cell facility and all associated equipment shall be removed.
I. A concealment design plan shall be prepared for light poles and other non-wooden
poles within residential zones, or when the facility is proposed adjacent to a residential
use in the commercial, industrial and business park zones.
17.74.110 Small Cell Facilities Attached to Existing Buildings. Small cell facilities attached
to existing buildings shall conform to the following design criteria:
A. Small cell facilities may be mounted to the sides of a building if the antennas do not
interrupt the building’s architectural theme.
B. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
C. New architectural features such as columns, pilasters, corbels, or other ornamentation
that conceal antennas may be used if they complement the architecture of the existing
building.
D. Small cells shall utilize the smallest mounting brackets necessary in order to provide the
smallest offset from the building.
E. Skirts or shrouds shall be utilized on the sides and bottoms of antennas i n order to
conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
F. Small cell facilities shall be painted and textured to match the adjacent building
surfaces.
G. Small cell facilities shall not be mounted to single family residences or accessory
structures.
Pg. 17
DRAFT - 08/20/21
H. The applicant must provide approval from the building owner including consent that the
small cell design meets the building owners’ design requirements.
17.74.120 New Poles in the Rights-of-Way for Small Cell Facilities.
A. New poles within the rights-of-way are only permitted if the applicant can establish
that:
1. The proposed small cell facility cannot be located on an existing utility pole or light
pole, electrical transmission tower or on a site outside of the public rights-of-way
such as a public park, public property, building, transmission tower or in or on a
nonresidential use in a residential zone whether by roof or panel mount or separate
structure;
2. The proposed small cell facility complies with the general design requirements in
section .080;
3. The proposed small cell facility receives approval for a concealment design plan;
4. The proposed small cell facility complies with shoreline and SEPA, if applicable; and
5. No new poles shall be located in a critical area or associated buffer.
B. Even if an alternative location is established pursuant to section A.1 above, upon
request of the applicant, the director may determine that a new pole in the right-of-way
is in fact a superior alternative based on the impact to the city, the concealment design
plan, the city’s comprehensive plan and the added benefits to the community.
C. 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 site-specific agreement from the city to
locate such new pole or ground-mounted equipment. This requirement also applies to
replacement poles when the replacement is necessary for the installation or attachment
of small cell facilities, the replacement structure is higher than the replaced structure,
and the overall height of the replacement structure and the small cell facility is more
than 60 feet.
D. A concealment design plan shall be prepared for new poles within residential zones, or
when the facility is proposed adjacent to a residential use in the commercial, industrial
and business park zones.
Pg. 18
DRAFT - 08/20/21
17.74.130 Concealment Design Plan – When required, a concealment design plan is
intended to provide for an enhanced level of concealment to protect visual aesthetics of the
City’s neighborhoods.
The concealment design plan shall include the design of the screening, fencing or other
concealment technology for a pole, or equipment structure, and all related transmission
equipment or facilities associated with the proposed wireless communications facility,
including but not limited to fiber and power connections.
1. The concealment design plan should seek to minimize the visual obtrusiveness of
wireless communications facility installations. The proposed pole or structure should
have similar designs to existing neighboring poles in the rights-of-way, including, to
the extent technically feasible and be of a similar height. Other concealment
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
wirelines are installed internally in the structure or otherwise integrated into the
design of the structure, unless technically infeasible.
2. If the director has already approved a concealment design plan, either for the
applicant or another wireless communications facility along the same public right-of-
way or for the same pole type, then the applicant shall utilize a substantially similar
concealment design plan, unless it can show that such concealment design plan is
not physically or technically feasible, or that such deployment would overwhelm the
pole design thus defeating the purpose of the previously approved concealment
design plan.
Pg. 19
DRAFT - 08/20/21
NEW SECTION
19.72.25 – Eligible Facility Requests
A. Definitions: The following definitions shall apply to eligible facilities requests only as
described in this chapter:
1. “Base station” means a structure or equipment at a fixed location that enables FCC -
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein nor
any equipment associated with a tower. Base station includes, without limitation:
a. Equipment associated with wireless communications services as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including distributed antenna systems (“DAS”) and small wireless networks).
c. Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this section, supports or houses e quipment described in
subparagraphs A.1 and A.2 of this subsection that has been reviewed and approved
under the applicable zoning or siting process, or under another state or local
regulatory review process, even if the structure was not built for the sole or primary
purpose of providing that support.
d. The term does not include any structure that, at the time the eligible facilities
request application is filed with the city, does not support or house equipment
described in subparagraphs A.1 and A.2 of this subsection.
2. “Co-location” means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio
frequency signals for communication purposes.
3. “Eligible facilities request” means 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. Co-location of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure” means any tower or base station as defined in this section;
provided, that it is existing at the time the relevant application is filed with the city.
5. “Existing.” A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another state or local
regulatory review process; provided, that a tower that has not been reviewed and
Pg. 20
DRAFT - 08/20/21
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
6. “Substantial change” means a modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criter ia:
a. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10 percent 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 percent or more than 10 feet, whichever is greater;
b. For towers other than towers 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 six 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
four 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 percent larger in height or overall volume
than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure; or
f. 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 noncompliant only in a manner that would not exceed the
thresholds identified above.
7. “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 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.
8. “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 communications services
Pg. 21
DRAFT - 08/20/21
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.
B. Application
The director shall prepare and make publicly available an application form used 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. Prior to
the issuance of an eligible facilities request permit, the applicant shall pay a permit fee in an
amount as determined in the currently adopted fee schedule.
C. Review
1. 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.
2. Within 60 days of the date on which an applicant submits an elig ible facilities request
application, the director shall approve the application unless it determines that the
application is not covered by this chapter.
3. The 60-day review period begins to run when the application is filed and may be tolled
only by mutual agreement by the director and the applicant or in cases where the
director determines that the application is incomplete.
a. To toll the time frame for incompleteness, the director 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.
b. The time frame for review begins running again when the applicant makes a
supplemental submission in response to the director’s notice of i ncompleteness.
c. Following a supplemental submission, the director will notify the applicant within 10
days that 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 notices of incompleteness may not specify
missing documents or information that was not delineated in the original notice of
incompleteness.
4. If the director determines that the applicant’s request qualifies as an eligible facilities
request, the director shall approve the application.
5. If the director determines that the applicant’s request does not qualify as an eligible
facilities request, the director shall deny the application.
6. In the event the director fails to approve or deny a request for 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 director in writing after the review period has expired (accounting for any
tolling) that the application has been deemed granted.