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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.