Council PKT 11-21-2017 SpecialCITY OF
Federal Way
Centered on Opportunity
CITY COUNCIL
SPECIAL MEETING /STUDY SESSION AGENDA
Council Chambers - City Hall
November 21, 2017 — 5:30 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. STUDY SESSION: ORDINANCES REGARDING SMALL CELL
DEPLOYMENT IN THE RIGHTS -OF -WAY
•
•
•
Staff Report: Deputy City Attorney Mark Orthmann and Outside
Counsel Scott Snyder
Citizen Comments (3 minutes each)
Council Discussion /Questions
4. STUDY SESSION: 2018 LEGISLATIVE AGENDA
• Staff Report: Ehren Flygare, Advocates Inc. /City Lobbyist
• Citizen Comments (3 minutes each)
• Council Discussion /Questions
5. ADJOURNMENT
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council
Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised
live on Government Access Channel 21. To view Council Meetings online please visit
www.cityoffederalway.com.
COUNCIL MEETING DATE: November 21, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 3
SUBJECT: BRIEFING REGARDING DRAFT SMALL CELL FRANCHISING AND ZONING ORDINANCES.
POLICY QUESTION: N/A — Information only briefing.
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
11
II
Consent
City Council Business
Ordinance
n Resolution
n Public Hearing
Other
STAFF REPORT BY: Mark Orthmann, Deputy City Attorney
DEPT: Law
Background: Staff and outside counsel will be providing a briefing on draft ordinances that will be returning
to Council for consideration. No action will be taken at this meeting.
Attachments: 1. Staff report
2. PowerPoint presentation
3. Ordinance amending Title 4 FWRC
4. Interim zoning ordinance amending Title 19 FWRC
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A 114741 DIRECTOR APPROVAL: 11116(11"
Committee Council Initial /Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CIT
Federal Y Way
CITY ATTORNEY'S OFFICE
SPECIAL COUNCIL MEETING STAFF REPORT
DATE: 11/21/2017
TO: CITY COUNCIL
VIA: JIM FERRELL, MAYOR
FROM: J. RYAN CALL, CITY ATTORNEY
MARK ORTHMANN, DEPUTY CITY ATTORNEY
SUBJECT: STUDY SESSION TO INTRODUCE DRAFT ORDINANCES RELATED TO TELECOMMUNICATIONS
SERVICES, FRANCHISING, AND SMALL CELL DEPLOYMENTS
Staff and outside counsel are providing a briefing to Council on upcoming code revisions. No action will
be taken at this meeting.
For the past year, the city has been a member of a consortium of other jurisdictions throughout the state
working to respond to new technology that telecommunications providers wish to deploy within the
public rights -of -way. More specifically, the providers are working to develop and construct small cell
facilities to increase network capacity in urban population centers like Federal Way. In order to prepare
for small cell deployment, and update the Federal Way Revised Code ( "FWRC ") to meet required federal
timelines, staff and outside counsel have prepared ordinances to address franchising and zoning for
telecommunications facilities. These ordinances will provide for the regulation of new technology and
incorporate updates into the city's existing telecommunications regulations, Chapter 19.255 FWRC.
Small cell facilities are smaller than the macro cell facilities that are located, for example, in parks, on
private property, and on the BPA towers crossing the city. Small cells are usually connected to fiber optic
infrastructure, transmit data and cellular signals, and are typically built on existing utility or traffic poles
within the rights -of -way to increase capacity in densely trafficked and populated areas, e.g., commercial
centers and residential neighborhoods.
Small cell development and deployment will primarily be regulated through the city's franchising
ordinances. A franchise is a form of contract and the courts give significant deference to these city council
decisions as legislative acts. The city has more than a dozen franchises in place right now with various
utilities and telecommunications providers and will be entering into new franchises to regulate small cell
facilities in the city's rights -of -way.
Attached to this staff report are the code revisions to the FWRC, which include the following:
1. Amendments to Title 4 FWRC to add a new Chapter 4.23 FWRC to control the deployment of
small cell technology in the city's rights -of -way. This Chapter requires providers to apply for and
receive both a franchise and Small Cell Permit prior to beginning any construction.
2. Amendments to Title 4 FWRC to add a new Chapter 4.24 FWRC to include federally established
review periods for telecommunications applications, which are also known as "shot clocks." The
federal and state governments mandate that local governments act on these applications within
specified timeframes and Chapter 4.24 FWRC incorporates these requirements. While there are
various timelines that apply depending on the situation, cities must approve franchises within 120
days of receiving a complete application.
3. Amendments to definitions throughout Title 19 FWRC to consolidate telecommunications
references in appropriate locations throughout the code.
4. Amendments to Chapter 4.22 FWRC to update franchise application processing.
5. Adoption of an interim zoning ordinance to repeal and replace Chapter 19.255 FWRC, Personal
Wireless Service Facilities, to wrap new zoning regulations into the city's existing
telecommunications review structure. This revision will update the city's telecommunications
code to leave in place those provisions that are still working, while adding language to address
the technology that providers wish to deploy in the city. The interim zoning ordinance is being
used to put stop -gap regulations in place that will be effective for six months. Staff will return
with a finalized ordinance to adopt zoning controls through the normal public processes via the
Planning Commission, LUTC, and City Council.
Concurrently with this meeting, the ordinances will be provided to the telecommunications providers for
feedback prior to returning to Council for approval.
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ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to the adoption of interim land use regulations and official controls
pursuant to RCW 35A.63.220 and RCW 36.70A.390 to control the
provision of telecommunications facilities within the City; amending
Chapter 19.05 FWRC, FWRC 19.15.010(1), FWRC 19.190.030,
FWRC 19.190.030; repealing Chapter 19.255 FWRC; adding a new
Chapter 19.255 FWRC; declaring an emergency, adopting findings,
and establishing an immediate effective date. (Amending Ordinance
Nos. 15 -804, 15 -797, 13 -754, 11 -700, 09 -610, 09 -605, 09 -593, 08 -585,
97 -291, 09 -43)
WHEREAS, Chapter 19.255 of the Federal Way Revised Code ( "FWRC ") provides for
bulk and review procedures applicable to the installation of personal wireless service facilities in
the various zones of the City; and
WHEREAS, contemporaneous with the consideration of this ordinance, the City Council
enacted amendments to its franchise provision as Chapters 4.23 and 4.24 FWRC in order to
provide for the deployment of small cell facilities and to establish time limits known as "shot
clocks" as required by federal laws such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and
WHEREAS, federal law and regulations sets time limits on the processing of applications
for eligible facility requests to expand existing structures that do not substantially change the
height or profile of the structures used to collocate personal wireless service facilities; and
WHEREAS, eligible facilities requests that would not substantially change the height or
profile cannot be denied and/or are deemed approved if not acted upon within sixty (60) days of
the receipt of a complete application; and
WHEREAS, federal law imposes a ninety (90) day time limit or "shot clock" on
consideration of applications for the collocation of personal wireless service facilities on existing
Page 1 of 30
Ordinance No. 17-
towers and base stations and a one hundred and fifty (150) day shot clock for the consideration
of all requests to install new antenna support structures; and
WHEREAS, the City Council acknowledges that the growing use of smart phones and
other personal wireless devices creates a substantial need for wireless data transmission;
therefore, the City Council deems it in the public interest to adopt the federal guidelines by
separate contemporaneous action while integrating the provisions of such changes in the zoning
code in order to ensure for the speedy review of applications; and
WHEREAS, the potential conflict between City land use review timelines and the
preemptive federal shot clocks creates a time sensitive emergency requiring the use of an interim
zoning ordinance; and
WHEREAS, the adoption of the contemporaneous franchise revisions and shot clocks
requires integration with the City's zoning code in order to provide for design guidelines and
processes to be used in the consideration of applications for eligible facilities requests as well as
small cell deployment applications; and
WHEREAS, the City Council finds it to be in the public interest to exercise its discretion
pursuant to RCW 36.70B.140 to exclude street and public right -of -way use approvals and
vacations from the review requirements of RCW 36.70B.090 and RCW 36.70B.110 through
36.70C.130;
WHEREAS, a public hearing was held on , 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERWL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 19.05.010 is hereby amended to read as follows:
"Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject
property or structure on that property, without any intention of transferring rights to the property
Page 2 of 30
Ordinance No. 17-
or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property.
"Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or
foreclosure.
"Abandoned personal wireless service facility" means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of
60 or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a
period of 60 or more consecutive days.
"Accessory" means a use or structure which is subordinate and incidental in size, scale, design,
or purpose to the principal use or structure on the subject property, and supports the principal use
or structure without displacing or dominating it. See FWRC 19.265.010.
"Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding
outdoor storage containers and similar structures used or designed to be used as living facilities,
or an attached part of a structure which is accessory to the main or primary dwelling unit located
on the subject property, providing complete, independent living facilities exclusively for one
single housekeeping unit, including permanent provisions for living, sleeping, cooking and
sanitation. See FWRC 19.265.020. ADUs include:
(1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or
horizontal walls in common with or attached to the primary dwelling unit.
(2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or
physically connected to the primary dwelling unit.
"Accessory living facility" means an area or structure on the subject property, which is accessory
to a permitted use on a commercial subject property, providing provisions for living, cooking,
sleeping and sanitation for an employee on the subject property and that employee's family, or
for the business owner /operator and that person's family.
"Active uses" means uses that by their very nature generate activity, and thus opportunities for
natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
"Adjoining" means property that touches or is directly across a street from the subject property.
For the purpose of height regulations, any portion of a structure which is 100 feet or more from a
low density zone is not considered to be adjoining that zone.
Page 3 of 30
Ordinance No. 17-
"Administrator" for the purpose of sign regulations means the director or his /her designated
representative.
"Adult entertainment, activity, retail, or use" shall mean all of the following:
(1) "Adult theater" shall mean a building or enclosure or any portion thereof used for
presenting material distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas" (defined
below) for observation by patrons therein and which excludes minors by virtue of age.
(2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which
features go -go dancers, exotic dancers, strippers, male or female impersonators, similar
entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical
areas" and/or whose performances or other activities include or mimic "specified sexual
activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of
age, and shall mean any of the adult entertainment establishments as defined in FWRC
12.10.010.
(3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010.
(4) "Adult retail" shall mean a retail establishment which, for money or any other form of
consideration, either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer,
and/or provide for viewing, off the premises, any adult- oriented merchandise; or
(b) Provides, as its substantial stock -in- trade, for the sale, exchange, rental, loan,
trade, transfer, and/or viewing or use, off the premises, any adult - oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in
the zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
"Adult family home" means a residential home for which a person is licensed to provide
personal care, special care, room, and board to more than one, but not more than six, adults who
are not related by blood or marriage to the person or persons providing the services. The number
of residents in an adult family home may be no more than the total of the residents being
provided services, plus a family that includes at least one service provider. Any limitation on the
number of residents resulting from this definition shall not be applied to the extent it would
prevent the city from making reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in
the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar
residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080.
Page 4 of 30
Ordinance No. 17-
"Adult- oriented merchandise" shall mean any goods, products, commodities, or other wares,
including, but not limited to, videos, CD -ROMs, DVDs, magazines, books, pamphlets, posters,
cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified
anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190).
"Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones. See definition of "urban agriculture."
"Air rights" means the right to control the use of the space above the surface of the ground.
"AKART" means "all known, available and reasonable methods of prevention, control and
treatment," and is the most current methodology that can be reasonably required for preventing,
controlling, or abating the pollutants associated with a point or nonpoint discharge. See also
"best management practices."
"Alluvium" means soil deposits transported by surface waters.
Animal Care Facility. See definition of "animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded (including day
care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales
of ancillary items, and related activities.
"Antenna(s)" means any system of clectrernagnetically tuned wires, poles, rods, reflecting discs
(1) "Omni directional (or 'whip') antcmta(s)" transmits and rcccivcs radio frequency signals
in a 360 degree radial pattern.
(2) "Directional (or `panel') antonrra(s)" transmits and receives radio frequency signals in a
Specific directional pattern of less than 360 degrees.
(3) "Parabolic (or `dish') antenna(s)" is a bevvl shaped device for the reception and/or
transmission of communications signals in a specific directional pattern.
('1) "Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and
"Antique" or "collectible" means any article which, because of age, rarity, or historical
significance, has a monetary value greater than its original value, or which has an age recognized
by the United States government as entitling the article to an import duty less than that
prescribed for contemporary merchandise.
Page 5 of 30
Ordinance No. 17-
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or
applies for any permit, approval, license, franchise, development proposal, or capacity reserve
certificate (CRC); a person who is the owner of property subject to this title, and a person who is
engaged, whether personally or through an agent, in development activity. "Applicant" includes
both the principal and any agent.
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh
water to a well or spring.
"Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building.
It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of
columns along its open side. There may be habitable space above the arcade.
"Architectural embellishments for sign regulations" means the aesthetic elements of the structure
that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other
elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the
structural elements surrounding or supporting the sign.
"Average building elevation (ABE)" means the average of the highest and lowest existing or
proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure,
or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest.
ABE is the elevation from which building height is measured.
Lowest
Eexation
Reie ien oe
datum (AB E)
Hghest
6evrtion
"Average slope" means the average grade of land within each land area representing a distinct
topographical change.
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that
does not project above the adjacent parapet or roof of a supporting building.
Section 2. FWRC 19.05.050 is hereby amended to read as follows:
"Easement" means the right to use the real property of another for a specific purpose.
Page 6 of 30
Ordinance No. 17-
"EMF" means electromagnetic field, which is the field produced by the operation of equipment
used in transmitting and receiving radio frequency signals.
twitching equipment, cooling system and back up powcr systems.
"Erosion" means the removal and transport of soils or rock fragments by water, wind, ice, or
similar natural forces.
"Essential public facility" is any facility or conveyance that:
(1) Is typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) Is a necessary component of a system, network or program which provides a public
service or good;
(3) Is owned or operated by a unit of local or state government, a private or nonprofit
organization under contract with a unit of government or receiving government funding, or
private firms subject to a public service obligation; and
(4) Meets the following definitions of either a Class I or a Class II essential public facility:
(a) Class I facilities are those facilities of a county, regional or state -wide nature
intended to serve a population base that extends significantly beyond the boundaries of
the city. Class I facilities may include several local jurisdictions or a significant share of
the Puget Sound regional population and may include, but are not limited to, the
following:
(i) State or regional education facilities (except minor branch facilities),
including: research facilities, university branch campuses, and community
colleges;
(ii) State or regional transportation facilities, including: light and/or standard
rail lines, commuter terminals, transit centers, and park- and -ride lots in residential
zones;
(iii) State or regional correctional facilities;
(iv) Solid waste handling facilities (large scale), including: transfer stations
and recycling centers;
(v) Sewage treatment plants;
(vi) Power plants;
Ordinance No. 17-
Page 7 of 30
(b) Class II facilities are those facilities of a local nature intended to meet the service
needs of the local community. Class II facilities are typically characterized by providing
some type of in- patient care, assistance, or monitoring and may include, but are not
limited to, the following:
(i) Substance abuse facilities;
(ii) Mental health facilities;
(iii) Group homes /special needs housing;
(iv) Local schools, including: elementary schools, middle schools, and high
schools;
(v) Social service transitional housing, including: domestic violence shelters,
homeless shelters, and work - release.
"Excavate" or "excavation" means the mechanical removal of soils or underlying strata.
"Exposed building face" for sign regulations means the building exterior wall of a single -
occupant building or the building exterior wall of an individual tenant's leased space in a multi -
tenant complex, including the vertical distance between eaves and ridge of a pitched roof above
it, used for sign area calculation for building- mounted signs.
Section 3. FWRC 19.05.130 is hereby amended to read as follows:
"Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a manner
that does not alter the basic design, size, height, or structure of the sign.
"Manufactured home" means a factory -built structure transportable in one or more sections
which is built on a permanent chassis and designed to be a dwelling with or without a permanent
foundation when connected to required utilities. A manufactured home shall be built to comply
with the National Manufactured Home Construction and Safety Standards Act of 1974
(regulations effective June 15, 1976).
"Manufacturing and production" means the mechanical or chemical transformation of materials
or substances into new products, including the assembling of component parts, the creation of
products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing
and production is divided into the following categories:
(1) "Manufacturing and production, general," means establishments typically manufacturing
and producing for the wholesale market.
(2) "Manufacturing and production, limited," means retail establishments engaged in the
small -scale manufacture, production, and on -site sales of custom goods and products. These uses
are distinguished from "manufacturing and production, general," by a predominant use of hand
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Ordinance No. 17-
tools or domestic mechanical equipment, limited number of employees, limited sales volume,
limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an
obvious retail storefront with a public entrance that is in scale with the overall building and
oriented to the right -of -way. This category includes uses such as ceramic studios; candle- making
shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of
specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental
appliances such as bridges, dentures, and crowns; production of goods from finished materials
such as wood, metal, paper, glass, leather, and textiles; and production of specialized food
products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers.
"Maximum lot coverage" means the maximum percentage of the surface of the subject property
that may be covered with materials which will not allow for the percolation of water into the
underlying soils. See FWRC 19.110.020 et seq. for further details.
"Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army
Corps of Engineers.
"Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in
other jurisdictions.
(1)
Four fcct in hcight and with an area of net roc than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no morc than six fcct high.
"Minor facility" moans a wireless communication facility consisting of up to three antennas,
eaeh-ef-whieh-is-eithen
(2) If a tubular antenna, no more than four inches in- diameter and no more than six feet in
no more than 48 square feet in floor area.
"Mixed -use building" means a building containing two or more different principal permitted
uses, as determined by the director, and which occupy separate tenant spaces.
"Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage
space for waterborne pleasure craft.
"Multiple -story building" means a building containing two or more floors of active permitted
use(s), and each upper floor area, excluding any storage, mechanical, and other similar
accessory, nonactive areas, contains at least 33 percent of the ground floor area.
Page 9 of 30
Ordinance No. 17-
"Multi- tenant complex" means a complex containing two or more uses or businesses.
"Multi -use complex" means all of the following: a group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are
specific exterior entranceways for individual uses; or a group of uses on separate but adjoining
properties that request treatment as a multi -use complex.
"Mural" means a design or representation that is painted or drawn on the exterior surface of a
structure and that does not advertise a business, product, service, or activity.
Section 4. FWRC 19.15.010 is hereby amended to read as follows:
19.15.010 Exemptions from the requirements of the Regulatory Reform Act of 1995
(Chapter 36.70B RCW).
Certain types of projects such as adoption or amendment of a comprehensive plan, sub -area plan
or development regulations are not subject to the mandates of Chapter 36.70B RCW. In addition,
a local government may exempt other approvals relating to the use of public areas or facilities
and other permits, whether administrative or quasi judicial, determined by the local government
to be a special circumstance warranting a different review process. Yet other projects that may be
exempt from certain provisions of the act include projects which are categorically exempt from
environmental review or for which environmental review has already been completed under the
provisions of the State Environmental Policy Act (SEPA). In general, these projects are
anticipated to have no impacts or potential impacts would have been addressed during prior
environmental review.
Based on the provisions of the act, the city has developed the following three categories within
which exempt projects fall: Projects exempt from all of the procedural requirements of
Chapter 36.70B RCW; projects exempt only from the 120 -day time line requirement of
RCW 36.70B.090; and projects exempt from certain notice or application and notice of decision
requirements in RCW 36.70B.110 and 36.70B.130.
(1) Exempt Projects. The following projects are exempt from RCW 36.70B.060 through
36.70B.080 and 36.70B.110 through 36.70B.130.
(a) Adoption or amendment of a comprehensive plan.
(b) Adoption or amendment of a sub -area plan.
(c) Adoption or amendment of a development regulation.
(d) Area -wide rezones.
(e) Site - specific rezones.]
The time required for screening by the city council land use and transportation committee prior to city council
review of an application for site - specific rezones, and the possibility that supplementation of the record will be
required in order for the city council to issue a decision on an application, create special circumstance pursuant to
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Ordinance No. 17-
(f) Historic or landmark designations.
(g) Permits of approvals to use, vacate, or transfer £streets other public rights -of -way
vacations, parks, and similar types of public property.
(h) Annexations of land to the city including annexation agreements.
(i) Planned actions as defined in Chapter 43.21C RCW.
(j) Adoption or amendment of development agreements pursuant to
RCW 36.70B.170.
(k) Preliminary plat.2
(2) Projects exempt from 120 -day time line. Projects within subsection (2)(a) of this section are
exempt from the 120 -day time line set by RCW 36.70B.090. In addition, the time periods
specified within subsection (2)(b) of this section are excluded from the 120 -day time line.
(a) (i) Projects requiring a comprehensive plan amendment.
(ii) Projects requiring an amendment to the development regulations.
(iii) Applications for fully contained communities as provided in
RCW 36.70A.350.
(iv) Applications for master planned resorts as provided in RCW 36.70A.360.
(v) The siting of an essential public facility as provided in RCW 36.70A.200.
(vi) A project that is substantially revised in which case it shall be treated as a
new submittal required to meet all requirements for a complete application as set out in
FWRC 19.15.040.
(vii) Capital facility projects of the city.
(b) (i) Any time period during which the applicant has been requested by the
director of community development services to complete studies, correct plans,
RCW 36.70B.140 necessitating exemption of site - specific rezones from the review procedures of
Chapter 36.70B RCW. The city has elected to provide a public notice of application and decision for site - specific
rezones notwithstanding this exemption.
2 The time required for screening by the city council land use and transportation committee prior to city council
review of an application for a preliminary plat, and the possibility that supplementation of the record will be
required in order for the city council to issue a decision on an application, create a special circumstance pursuant to
RCW 36.70B.140 necessitating exemption of preliminary plat applications from the review procedures of
Chapter 36.70B RCW. The city has elected to provide a letter of completeness and public notice of application and
decision notwithstanding this exemption.
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Ordinance No. 17-
supplement insufficient information, or respond to requests for additional
information.
(ii) Any period during which an environmental impact statement is being
prepared; said time period must be agreed upon by the applicant and the director
of community development services.
(iii) Any period for administrative appeals of a project permit. The time period
for an open record appeal hearing shall not exceed 90 days, and for a closed
record appeal hearing, said time period shall not exceed 60 days.
(iv) Any extension of time mutually agreed upon by the applicant and the
director of community development services.
(3) Projects exempt from certain process requirements. The act allows a local government to
exempt certain projects from RCW 36.708.060, and RCW 36.70B.110 through 36.70B.130.
Therefore, the following projects have been exempted from the requirements to issue a public
notice of application and notice of decision.
(a) Lot line eliminations and boundary line adjustments.
(b) Building and other construction permits or similar administrative approvals,
categorically exempt from SEPA.
(c) Building and other construction permits or similar administrative approvals for
which SEPA review has been completed in conjunction with other project permits.
Section 5. FWRC 19.190.030 is hereby amended to read as follows:
19.190.030 Unzoned property; rights -of -way uses.
Any property within the city which, for any reason, does not have a zone classification on the
zoning map will be construed to be within the SE zone; provided, however, that the uses
permitted within the public rights -of -way shall be governed by the terms of an applicable
franchise and the provisions of Title 4 FWRC.
Section 6. Chapter 19.255 FWRC is hereby repealed in its entirety.
Section 7. Title 19 of the Federal Way Revised Code Municipal Code is hereby amended
to add a new Chapter 19.255 FWRC to read as follows.
CHAPTER 19.255
WIRELESS COMMUNICATION FACILITIES
19.255.010 Introduction and exemptions.
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Ordinance No. 17-
(1) This chapter is intended to provide a regulatory structure which acknowledges
telecommunication service providers' rights and obligations under federal law. This chapter
provides standards for the review of applications to install Wireless Communication Facilities
( "WCFs ") outside of the public right -of -way and to consider design standards for new and
replacement structures in the public right -of -way as well as significant deviations from designs
approved pursuant to the franchising and right -of -way use approvals established by Chapter 4.25
FWRC. The provisions of this chapter shall be interpreted and applied in a manner consistent
with state and federal law.
(2) Exemptions. The following antennas and facilities are exempt from the provisions of this
chapter and shall be permitted in all zones consistent with the applicable development standards
outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations:
(a) WCFs used by federal, state, or local public agencies for temporary emergency
communications in the event of a disaster, or emergency preparedness, and for any other
public health or safety purpose, including, by way of illustration and not limitation, any
communications systems utilized by first responders such as police or fire.
(b) Industrial processing equipment and scientific or medical equipment using
frequencies regulated by the FCC; provided such equipment complies with all applicable
provisions of FWRC 19.110.050, Compliance Generally; 19.110.060, Exceptions; and
19.110.070 R. Rooftop Appurtenances — Required Screening.
(c) Citizen band radios or antennas operated by federal licensing amateur ( "ham ")
radio operators; provided such antennas comply with all applicable provisions of
(d) Satellite dish antennas less than two meters in diameter, including direct -to -home
satellite services, when used as secondary use of the property; provided such antennas
comply with all applicable provisions of FWRC 19.110.050; Compliance Generally;
19.110.060, Exceptions; and 19.110.070 Rooftop Appurtenances — Required Screening.
(e) Automated meter reading ( "AMR ") facilities for collecting utility meter data for
use in the sale of utility services, except for WIP and other antennas greater than two feet
in length; so long as the AMR facilities are within the scope of activities permitted under
a valid franchise agreement between the utility service provider and the City.
(f) Routine maintenance or repair of a personal wireless service facility and related
equipment excluding structural work or changes in height, dimension, or visual impacts
of the antenna, tower, transmission equipment, equipment cabinet and/or transmission
equipment; provided, however, that compliance with the standards of this Title is
maintained. See Chapter 4.24 FWRC for procedures related to Eligible Facilities Request.
(g) Equipment cabinet additions or upgrades within existing equipment structures or
buildings so long as there is no material expansion of the equipment enclosure or
building, or change to the improved design or concealment element plan for the WCFs.
See Chapter 4.24 Eligible Facilities Requests.
19.255.020 Definitions.
For the purposes of this chapter as well as Chapters 4.23 and 4.24 FWRC, the following terms
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Ordinance No. 17-
shall have the meaning ascribed to them below. Terms not defined in this section shall be defined
as set forth in Chapters 4.22 and 19.05 FWRC:
(1) "Antenna ": any exterior apparatus designed for telephonic, radio, data, internet or other
communications through the sending and/or receiving of radio frequency signals including, but
not limited to, equipment attached to a tower, pole, light standard, building or other structure for
the purpose of providing wireless services.
(2) "Antenna height ": the vertical distance measured from average building elevation to the
highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or
structure to the highest point of the antenna. For replacement structures, antenna height is
measured from the top of the existing structure to the highest point of the antenna or new
structure, whichever is greater.
(3) "Approved small cell facility ": Any small cell facility that has received all required
permits.
(4) "Base Station ": A structure or equipment at a fixed location that enables FCC - licensed or
authorized personal wireless service 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 personal wireless service 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 cell networks).
(c) Any structure other than a tower that, at the time the relevant
application is filed with the city under this section, supports or houses
equipment described in subparagraphs (a) and (b) above 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.
The term does not include any structure that, at the time the relevant application is filed with the
City under this section, does not support or house equipment described in subparagraph (a) and
(b) above.
(5) "Collocation ": 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.
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Ordinance No. 17-
(6) "Concealment elements ": Transmission facilities designed to look like some feature other
than a wireless tower or base station or which minimizes the visual impact of an antenna by use
of nonreflective materials, appropriate colors, and/or a concealment canister.
(7) "Eligible Facilities Request ": Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or base station,
involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment; or
(c) Replacement of transmission equipment.
(8) "Eligible support structure ": 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.
(9) "Equipment structure ": A facility, shelter, cabinet, or vault used to house and protect
electronic or other associated equipment necessary for processing personal wireless service
signals. "Associated equipment" may include, for example, air conditioning, backup power
supplies, and emergency generators.
(10) "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 because it was not in a zoned
area when it was built, but was lawfully constructed, is existing for purposes of this definition.
(11) "Microcell ": Shall be defined in accord with RCW 80.36.375.
(12) "Minor facility ": Shall be defined in accord with RCW 80.36.375.
(13) "Service provider ": Shall be defined in accord with RCW 35.99.010(6). Service provider
shall include those infrastructure companies that provide telecommunications services or
equipment to enable the deployment of personal wireless services.
(14) "Small cell ": Shall mean "small cell facility."
(15) "Small cell facility" and "small cell network ": Shall be defined in accord with RCW
80.36.375.
(16) "Substantial Change ": A modification substantially changes the physical dimensions of
an eligible support structure if it meets any of the following criteria:
(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
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Ordinance No. 17-
separation from the nearest existing antenna not to exceed twenty feet, whichever is
greater; for other eligible support structures, it increases the height of the structure by
more than 10 percent or more than ten 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 twenty 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 non-
compliant only in a manner that would not exceed the thresholds identified above.
(17) "Telecommunications service ": Shall be defined in accord with RCW 35.99.010.
(18) "Tower ": 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 personal wireless service services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless
services such as microwave backhaul and the associated site.
(19) "Transmission equipment ": 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 personal wireless service services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
(20) "Undergrounded areas ": Public rights -of -way in which wireline utilities have been
located or relocated underground.
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Ordinance No. 17-
(21) "Utility pole ": A structure designed and used primarily for the support of electrical
wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths.
19.255.040 Federal regulatory requirements.
The following requirements shall apply to both small cell deployments in the right -of -way and
personal wireless service facilities installed outside of the public right -of -way as well as small
cell facilities which do not substantially comply with prior approvals by franchise or the
structures provided by Chapter 4.23 FWRC.
(1) Eligible Facilities Requests as defined in Section 19.255.030(7) FWRC shall be
processed in accordance with the time limits established by Chapter 4.24 FWRC.
(2) These provisions shall be interpreted and applied in order to comply with the provisions
of federal law. By way of illustration and not limitation, any small cell facility which has been
certified as compliant with all FCC and other government regulations regarding the human
exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns.
See FWRC 4.23.020(6).
(3) WCFs shall be subject to the following requirements of this Code to the extent that such
requirements (i) do not unreasonably discriminate among providers of functionally equivalent
services, and (ii) do not have the effect of prohibiting personal wireless services within the City.
19.255.050 Small cell deployment.
Small cell deployment includes small cell facilities and small cell networks. The following
provisions establish design and concealment standards for personal wireless services and in
appropriate situations, criteria for the establishment of standards for small cell deployments;
provided, however, that any small cell, microcell, or small cell network component that is not
exempt from SEPA review shall comply with Title 14 FWRC.
19.255.060 Existing utility poles in areas other than Design Zones and Undergrounded
Areas.
Eligible small cell facilities in areas other than Design Zones and Undergrounded Areas opting in
under the concealment provisions in FWRC 4.23.030(3) and 19.255.070 shall be considered to
have satisfied the design and concealment standards when installed on existing utility poles.
19.255.070 Small cell deployments on existing utility poles not approved pursuant to a
franchise.
Small cell deployments on existing utility poles that have not been approved as an exhibit to a
franchise or as a minor deviation thereto, shall comply with these provisions. The installation of
new utility poles or towers in the public rights -of -way is prohibited except as provided in FWRC
19.255.160. Except to the minimum extent necessary to fulfill its technological purpose, all
antennas and supporting structures shall be concealed within a canister of the smallest possible
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Ordinance No. 17-
dimension and volume necessary to house the antenna structure or in the alternative within a
spatial volume of the same dimension. The small cell facility shall, to the full extent permitted
under the state electrical code and the utilities' requirements be flush - mounted on the utility pole;
provided, however, if the utility which owns the pole prohibits the location of a flush - mounted
small cell facility within the communication zone, the antenna portion of the small cell facility
may be located on the top of the pole. In that event, up to ten (10) feet in height over the existing
pole height or the height of a replacement pole as approved herein is permitted. The Director
shall consult with the owner of the utility pole and applicant to determine the minimum height
extension required for installation of the antenna.
19.255.080 Ground - mounted equipment; ADA compliance required.
In areas of the city in which have been undergrounded, (Undergrounded Areas), in Design
Zones, and where necessary to permit full use of the public right -of -way by pedestrians, bicycles
and other users, all ground- mounted equipment shall be undergrounded in a vault meeting the
city's construction standards. The location of ground- mounted equipment (to the extent
undergrounding such equipment is not technologically feasible), a replacement pole and/or any
new pole shall comply with the Americans with Disabilities Act ( "ADA "), city construction
standards, and State and federal regulations in order to provide a clear and safe passage within
the public right -of -way.
19.255.090 Replacement utility pole — street lighting.
With the express permission of the city, a replacement utility pole or a new utility pole may be
permitted in the form of a new street light standard. The design of the street light standard shall
be in accordance with adopted city construction standards. Replacement utility poles /street light
standards located within a Design Zone shall conform to the adopted streetscape design standard
for the Design Zone. Wherever technologically feasible, all equipment and cabling shall be
internal to the replacement street lighting standard.
19.255.100 Undergrounded Areas.
It is the stated policy of the City that utilities shall be underground. See, e.g., 19.135.180 FWRC.
Accordingly, new utility poles in Undergrounded Areas shall be considered as major impact
Personal Wireless Service Facilities and may be installed only in accord with FWRC 19.255.160.
19.255.110 Designated Design Zones.
Design Zones. The following zones are designated as Design Zones for the purpose of the
application of the provisions of Chapters 4.23, 4.24, and 19.255 FWRC:
(1) City Center Core (CC -C)
(2) City Center Frame (CC -F)
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Ordinance No. 17-
(3) Designated Historic Preservation Districts. The City Council is reviewing this application
and this designation is accordingly reserved for future use.
19.255.120 Review of personal wireless service facilities other than small cell deployments.
All other Wireless Communication Facilities shall be reviewed pursuant to the following
provisions, FWRC 19.255.130 et seq.
19.255.130 New or Personal Wireless Service Facilities; replacement utility poles and
monopoles.
Monopoles, as well as new wireless communication facilities outside of the public rights -of -way,
including replacement poles, which are not exempt from SEPA review, shall be processed under
the following provisions as Process III applications. See Chapter 19.75 FWRC.
19.255.140 Replacement poles, new poles, and Undergrounded Areas or Design Zones.
Replacement poles over forty -five feet in height, new poles, and small cell facilities to be
constructed in any Undergrounded Area or Design Zone are permitted only when the applicant
establishes that:
(1) The small cell facility cannot be located on an electrical transmission tower or on a site
outside of the public right -of -way such as a public park, public property, or on a non - residential
use in a residential zone, whether by roof or panel- mount, or separate structure; and
(2) The proposed facility complies with an approved Concealment Element Plan for an
Undergrounded Area or Design Zone; and
(3)
The proposed facility complies with critical areas requirements and SEPA; and
(4) For a new utility pole in the public rights -of -way, that a site - specific agreement exists to
locate the new utility pole.
19.255.150 Concealment Element Plan.
(1) Concealment Element Plan required. Applications for proposed installations in
Undergrounded Areas and Design Zones which deviate from existing City design standards (or if
the City has not created a design standard for that particular district zone area) shall be required
to submit a Concealment Element Plan. Such plan shall include the design of the screening,
fencing, or other concealment technology for a base station, tower, utility pole, or equipment
structure, and all related transmission equipment or facilities associated with the proposed
wireless facility, including but not limited to fiber and power connections.
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Ordinance No. 17-
(2) Purpose of Concealment Element Plans, generally. Concealment Element Plans should
seek to minimize the visual obtrusiveness of installations using methods including, but 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.
Other concealment element approaches may include, but not be limited to, use of architectural
concealment products, fencing or screening materials, and where appropriate, landscape design,
or any other camouflage strategies appropriate for the type of installation. Additionally, the use
of a concealment support or device, such as a clock tower, steeple, flagpole, tree, street sign, or
other applicable concealment structure may be approved.
The Director shall apply this section, as well as all design guidelines applicable in the
Undergrounded Area or Design Zone in which an installation is proposed.
(3) Review of Concealment Element Plan for non - substantial change collocations. Where a
proposed collocation does not constitute a substantial change, a Concealment Element Plan shall
be subject to review under Process I, Chapter 19.155 FWRC to ensure the proposed collocation
does not defeat the concealment features approved as part of the initial installation at that
location.
(4) Review of Concealment Element Plan for initial installations and substantial change
collocations. For initial installations and substantial change collocations in Undergrounded Area
and Design Zones, the Director shall conduct an administrative review of Concealment Element
Plans for compliance with this section and all applicable City design guidelines under Process
III, Chapter 19.65 FWRC.
(5) Major Impact Personal Wireless Service Facilities. The Concealment Element Plan for a
major impact Personal Wireless Service Facility shall conform to FWRC 19.255.160, et seq.
19.255.160 Major Impact Personal Wireless Service Facilities.
A major impact personal wireless service facility ( "Major PWSF ") includes all larger scale
Personal Wireless Service Facilities ( "PWSF ") located outside of the public right -of -way and are
not permitted by the processes established in FWRC 19.255.010 –.150. Such facilities include
monopoles, lattice towers, micro and macro cells, roof mounted and panel antennas and other
similar facilities unless defined as Eligible Facilities Requests subject to Chapter 4.24 FWRC.
New poles within the public rights -of -way are also subject to review under these provisions. See
FWRC 19.255.100.
The following sites shall be the required order of location for proposed Major PWSFs, including
antenna and equipment structures. In proposing a Major PWSF in a particular location, the
applicant shall analyze the feasibility of locating the proposed Major PWSF in each of the higher
priority locations and document, to the city's satisfaction, why locating the Major PWSF in each
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higher priority location and/or zone is not being proposed. In order of preference, the prioritized
locations for Major PWSFs are as follows:
(1) Structures located in the BPA trail. A Major PWSF may be located on any existing
support structure currently located in the easement upon which are located U.S. Department of
Energy/ Bonneville Power Administration ( "BPA ") Power Lines regardless of underlying
zoning.
(2) Existing broadcast, relay and transmission towers. A Major PWSF may be located on an
existing site or tower where a legal WCF is currently located regardless of underlying zoning. If
an existing site or tower is located within a one -mile radius of a proposed Major PWSF location,
the applicant shall document why collocation on the existing site or tower is not being proposed,
regardless of whether the existing site or tower is located within the jurisdiction of the city.
(3) Institutional structures. If the city, institutional uses, or other public agency consents to
such location, a Major PWSF may be located on existing structures, such as water towers, utility
structures, fire stations, bridges, churches, schools, and other public buildings within all zoning
districts, provided the public facilities are not located within public rights -of -way.
(4) Appropriate zoning districts. A Major PWSF may be located on private buildings or
structures within nonresidential zoning districts as allowed by the zoning chart.
(5) If the applicant demonstrates to the city's satisfaction that it is not technically possible to
site in a prioritized location, the city reserves the right to approve alternative site locations if a
denial would be in violation of the 1996 Telecommunications Act, as determined by the city
through a Process III review using the applicable test:
(a) Does the facility close a gap in service; and
(b) Does the facility use the least intrusive means to do so?
19.255.170 Development standards.
The following development standards shall be followed in the design, siting, and construction of
a personal wireless service facility:
(1) Building- or structure- mounted PWSFs on existing buildings or structures outside of the
public right -of -way. PWSFs mounted on existing buildings and structures shall conform to the
following development standards:
(a) The Major PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor facility (small cell facilities are regulated pursuant
to Title 4 FWRC except as provided); or
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(ii) A Major PWSF that exceeds the minor facility thresholds for number of
antennas, dimensions, and/or area, but creates no more adverse impacts than a
minor facility, as determined by the Director, subject to meeting all of the
following standards:
(A) The facility shall utilize the least intrusive means of closing a
significant gap available;
B) The equipment cabinet for the Major PWSF shall meet all
requirements of subsection (4) of this section; and
(C) The maximum size of the Major PWSF panels and number of
antennas shall be determined by the Director, based on the specific project
location, surrounding environment, and potential visual impacts; and
(D) The Major PWSF shall comply with all other applicable standards
of the Federal Way Revised Code.
(b) The combined antennas and supporting structure may extend up to, but not
exceed, 15 feet above the existing or proposed roof or other structure regardless of
whether the existing structure is in conformance with the existing maximum height of the
underlying zone as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning
Regulations. Antennas may be mounted to rooftop appurtenances, as identified in FWRC
19.110.070, provided they do not extend beyond 15 feet above the maximum height of
the structure as defined per FWRC 19.05.080, H definitions.
(c) The antennas are mounted on the building or structure such that they are located
and designed to minimize visual and aesthetic impacts to surrounding land uses and
structures and shall, utilize a Concealment Element Plan FWRC 19.255.150.
(d) —It is the applicant's responsibility to prove that the maximum size of the Major
PWSF panels and number of antennas is the minimum size necessary. The maximum size
of antennas to be located on existing structures in a public right -of -way shall be two feet
in diameter for parabolic antennas, eight feet in height for panel antennas, and 15 feet in
height for whip antennas.
(e) Within residential zones, equipment enclosures, and buildings to house equipment
cabinets located above ground on properties adjacent to the public right -of -way shall
meet all applicable setback requirements for residential development of the underlying
zone. For developed sites in nonresidential zones, the setback requirements for the
equipment enclosure shall be those of the principal use of the subject property. For
undeveloped sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be 20 feet for front, side, and rear yards.
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(2) New Freestanding Major PWSFs. All requirements of the associated land use zoning
charts must be met. Additionally, these structures shall conform to the following site
development standards:
(3)
(a) Placement of a freestanding Major PWSF shall be denied if placement of the
antennas on an existing structure can meet the applicant's technical and network location
requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except
that a lattice tower may be used to accommodate the collocation of four or more
providers as part of a joint permit application.
(c) In no case shall a freestanding Major PWSF be located closer than 500 feet to an
existing freestanding Major PWSF whether it is owned or utilized by the applicant or
another provider.
(d) A freestanding Major PWSF, including the support structure and associated
electronic equipment, shall comply with all required setbacks of the zoning district in
which it is located. For developed sites, the setback requirements shall be those of the
principal use of the subject property. For undeveloped sites, the setback requirements for
new freestanding Major PWSFs shall be 20 feet for front, side, and rear yards.
(e) Freestanding Major PWSFs shall be designed and placed on the site in a manner
that takes maximum advantage of existing trees, mature vegetation, and structures so as
to:
(i) Use existing site features to screen as much of the total PWSF as possible
from prevalent views; and/or
(ii) Use existing site features as a background so that the total Major PWSF
blends into the background with increased distances.
(f) In reviewing the proposed placement of a facility on the site and any associated
landscaping, the city may condition the application to supplement existing trees and
mature vegetation to more effectively screen the facility.
(g) Support structures, antennas, and any associated hardware, including equipment
cabinets, shall conform to a Concealment Element Plan, FWRC 19.255.150.
Standards for electronic cabinets. Electronic cabinets shall either:
(a) Be placed in a new or existing completely enclosed building. It is the applicant's
responsibility to prove that the maximum size of the building is the minimum size
necessary to house the equipment; or
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(b) Be placed above ground in a new or existing equipment enclosure. It is the
applicant's responsibility to prove that the maximum size of the building is the minimum
size necessary to house the equipment.
If the equipment cabinet is located within a new enclosed building, the building shall conform to
all applicable development standards and design guidelines for the underlying zone. The
enclosed building shall be architecturally designed and shall be compatible with existing
buildings on the site. The enclosed building shall be screened to the greatest extent possible from
any street and/or adjacent properties by landscaping and/or topography.
(4) Standards for equipment enclosures.
(a) Electronic equipment enclosures shall not be allowed within the right -of -way,
except for small cell facilities.
(b) In residential zones, equipment enclosures located above ground on properties
adjacent to the public right -of -way shall meet all applicable setback requirements for
residential development of the underlying zone. For developed sites in nonresidential
zones, the setback requirements for the equipment enclosure shall be those of the
principal use of the subject property. For undeveloped sites in nonresidential zones, the
setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear
yards; however, for undeveloped sites in nonresidential zones, if the applicant can
demonstrate that the equipment enclosure can blend in harmoniously with the existing
site and complement the landscape buffer requirements of the underlying zone, as
determined appropriate by the Director of Community Development, the equipment
enclosure can be located inside of the 20 -foot setback but outside of the required
landscaping buffer of the underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to minimize
adverse visual impacts from the public right -of -way and adjacent properties.
(d) Equipment enclosures shall be designed, located, and screened to minimize
adverse visual and functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact vehicular sight
distance.
(5) Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of
appropriate landscaping materials.
(c) Chain -link fences shall be painted or coated with a nonreflective color.
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(6) Cumulative effects. The city shall consider the cumulative visual effects of PWSFs
mounted on existing structures and/or located on a given permitted site in determining whether
additional permits may be granted so as to not adversely affect the visual character of the city.
(7) Signage. No wireless equipment shall be used for the purpose of mounting signs or
message displays of any kind, except for small signs used for identification, hazard warning, and
name of provider.
(8) Use zone charts, height and permit process.
(a) Except for approval of new poles in the public rights -of -way, the final approval
authority for applications made under this section shall be defined by the appropriate
permit process as outlined in the use zone charts, Title 19 FWRC, Division VI, Zoning
Regulations. New pole requests in the public rights -of -way shall be reviewed pursuant to
Process III, Chapter 19.64 FWRC, and are not land use actions subject to review under
Chapter 36.70 RCW.
(b) Allowed heights shall be established relative to appropriate process as outlined in
the use zone charts, Title 19 FWRC, Division VI, Zoning Regulations.
19.255.180 Nonconformance.
Permit applications made under this section to locate a PWSF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC,
Nonconformance, to bring the property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC 19.30.110.
(2) To bring the property into conformance with the development regulations prescribed in
FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other
requirements of FWRC 19.30.120 to bring the property into conformance with the development
regulations prescribed in FWRC Title 16 relating to water quality shall apply.
19.255.190 Temporary personal wireless service facilities.
As determined by the director of community development services, a temporary personal
wireless service facility, or cell -on- wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding PWSF which has been
approved through the appropriate permit process; provided, that the temporary personal wireless
service facility or cell -on- wheels creates no more adverse impacts than the PWSF which was
approved through the appropriate permit process. Only one temporary personal wireless service
facility or cell -on- wheels shall be permitted for a single site.
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(2) For a period of time determined to be appropriate by the director of community
development services, during an emergency declared by the city, state, or federal government
that has caused a freestanding PWSF which has been approved through the appropriate permit
process to become involuntarily nonoperational; provided, that the temporary personal wireless
service facility or cell -on- wheels creates no more adverse impacts than the PWSF which was
approved through the appropriate permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a
cash bond in an amount to be determined by the Director of Community Development in order to
guarantee performance of future removal and restoration of the site.
19.255.200 Application requirements.
(1) Except for temporary personal wireless facilities, permit applications made under this
Chapter shall include the following minimum information in addition to that required for the
underlying permit review process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photo - simulations of the proposed facility from affected properties and public
rights -of -way at varying distances. These photo simulations should include examples of
camouflage and stealth installation options.
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed Major PWSF at the requested height and an
explanation of the need for that facility at that height and in that location.
(e) An inventory of other Major PWSF sites operated by the applicant or other
providers within a one -mile radius of the proposed PWSF location.
(f) A site /landscaping plan showing the specific placement of the Major PWSF on
the site; showing the location of existing structures, trees, and other significant site
features; and indicating type and locations of plant materials used to screen PWSF
components.
(g) If the Major PWSF electronic equipment cabinet is proposed to be located above
ground, an explanation of why it is impracticable to locate the cabinet underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) The city may require the applicant, at the applicant's expense, to provide any
additional information, mapping, studies, materials, inspections, or reviews that are
reasonably necessary to implement this chapter and to require that such information,
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Ordinance No. 17-
studies, mapping, materials, inspections, and reviews be reviewed by a qualified
professional under contract to the city, also at the applicant's expense.
(2) Permit applications for temporary personal wireless service facilities shall include the
following minimum information:
(a) Documentation of previously permitted facility.
(b) Site plan showing proposed location of temporary facility in relationship to the
location of the previously permitted facility and property boundaries, including
dimensions from the property lines and height of proposed facility.
(c) Photographs of the proposed facility.
19.255.210 Collocation.
(1) A permittee shall cooperate with other PWSF providers in collocating additional antennas
on support structures and/or on existing buildings and sites, provided said proposed collocatees
have received a permit for such use at said site from the city. A permittee shall allow other
providers to collocate and share the permitted site, provided such shared use does not give rise to
a substantial technical level impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised
good faith in accommodating a new applicant, the city may require a third party technical study
at the expense of the permittee. Failure to comply with this provision may result in a revocation
of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the potential
collocation of additional Major PWSF equipment by other providers on the applicant's structure
or within the same site location shall be submitted by the applicant as part of the permit
application. If an applicant contends that future collocation is not possible on their site, they must
submit a technical study documenting why.
(3) Collocation requirements shall not apply to Major PWSFs located in the public rights -of-
way.
19.255.220 Removal of facility.
(1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with
a copy of the notice of intent to cease operations required by the FCC at the time it is submitted
to the FCC. Additionally, the owner or operator of a Major PWSF shall notify the city in writing
of the abandonment of a particular facility within 30 days of the date the Major PWSF is
abandoned. The abandoned Major PWSF shall be removed by the facility owner within 90 days
of the date the Major PWSF is abandoned, the permit is revoked, or if the facility falls into
disrepair and is not maintained, as determined by the city. Disrepair includes structural features,
paint, landscaping, or general lack of maintenance which could result in adverse safety or visual
Page 27 of 30
Ordinance No. 17-
impacts. If there are two or more users of a single tower, then the city's right to remove the tower
shall not become effective until all users abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any Major PWSF are
removed or relocated to a point where the top 20 percent or more of the height of the supporting
structure is no longer in use, the Major PWSF shall be considered partially abandoned. The
owner or operator of any partially abandoned Major PWSF shall notify the city in writing of the
partial abandonment of a particular facility within 30 days of the date the Major PWSF is
partially abandoned. The owner of the PWSF shall have 120 days from the date of partial
abandonment to collocate another service on the Major PWSF. If another service provider is not
added to the Major PWSF within the allowed 120 -day collocation period, the owner shall in 210
days of partial abandonment, dismantle and remove that portion of the supporting structure that
exceeds the point at which the highest operational antenna is mounted.
(3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned
facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal
falls upon the property owner on which the abandoned or partially abandoned facility is located.
The city may enforce this subsection using the procedures as set forth in FWRC 1.15.010.
19.255.230 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of
the following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the
issuance of a permit;
(3) When the permit was procured by fraud, false representation, or omission of material
facts;
(4) Failure to cooperate with other Major PWSF providers in collocation efforts as required
by this chapter;
(5) Failure to comply with federal standards for EMF emissions;
(6) Failure to remedy localized interference with the reception of area television or radio
broadcasts or the functioning of other electronic devices; and
(7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to
determine if the permit shall be revoked as it used to grant the permit.
Section 8. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
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Ordinance No. 17-
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 10. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. For the Findings of Fact required pursuant to RCW
35A.63.220 and 36.70A.390, the City Council hereby adopts the recitals set forth above. In
addition, the City Council declares that an emergency exists that makes this ordinance necessary
for the immediate protection of the public health, public safety, public property, or public peace.
Failure of the City to adequately provide for review of small cell and other wireless
communication facilities and correct conflicts between its code and the preemptive federal shot
clock could deprive the City of its regulatory authority regarding certain wireless communication
facilities; therefore, this ordinance shall become effective immediately upon passage as provided
in RCW 35A.12.130.
PASSED by the City Council of the City of Federal Way this day of
, 20 .
Ordinance No. 17-
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
Page 29 of 30
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 17-
Page 30 of 30
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to small cell deployments, franchising, and small cell permits in the
City's rights -of -way and federally required review periods; amending
Chapter 4.22 and adding new Chapters 4.23 and 4.24 FWRC; and
establishing an effective date. (Amending Ordinance No. 17 -833)
WHEREAS, Title 4 of the Federal Way Revised Municipal Code addresses franchise
procedures; and
WHEREAS, the deployment of small cells in the public right -of -way is a matter of
importance to the City as the steward of the public rights -of -way; and
WHEREAS, the deployment of small cell facilities is necessary to provide the coverage
which the citizens of the City require in order to carry on their personal and private business; and
WHEREAS, the Federal Communications Commission as well as federal law has
established presumptively reasonable time limits known as "shot clocks" pursuant to regulations
such as 47 U.S.C. § 1455(a) and 47 C.F.R. § 1.40001; and
WHEREAS, federal and state law set time limits on the processing of applications for
aspects of small cell deployment including franchising, permitting and eligible facilities requests;
and
WHEREAS, the City Council deems it to be in the public interest to amend both its
franchising provisions to expedite the franchising and deployment of small cells in conjunction
with revisions to its zoning code and specifically Chapter 19.255 FWRC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 17- Page 1 of 12
Rev 3/17
Section 1. FWRC 4.22.050 is hereby amended to read as follows:
.! ,
previded -abeam
4.22.050 Completeness for franchise and small cell applications.
Completeness for Franchise and Small Cell Applications. The Director shall review an
application for completeness and notify the applicant within thirty (30) days of submission
whether the application is complete., provided, however, that an applicant may consent to a
different completeness review period. The notification shall generally outline the information
that the applicant has failed to provide or which must be supplemented in order to comply with
the terms of this chapter and the application form established by the Director. A service provider
may resubmit an incomplete application within sixty (60) days of notice by the Director. Failure
to resubmit an application in a timely manner shall be deemed a withdrawal of that application.
An applicant shall be notified in writing of the approval or denial of the application. No
application shall be deemed complete without the fee deposit set by the Director. The time
periods established in FWRC 4.22.060 shall not commence until the city has received a
completed application and fee deposit and shall be tolled if the applicant fails to supply a
supplemented fee deposit as provided above.
Section 2. Chapter 4.22 of the Federal Way Revised Code is hereby amended to add a
new section 4.22.055 to read as follows:
4.22.055 Public comment.
The city shall provide notice of a complete application for a franchise on the City's website with
a link to the franchise application. This notice requirement shall also apply to existing
franchisees applying for a Small Cell Permit for small cell deployment. The notice shall include
an email contact and telephone number for the applicant to answer citizen inquiries. The
applicant is encouraged to host informational meetings for the public regarding the deployment.
The city shall post meeting notices, if any, for informational meetings on its website. These
meetings are for the public's information and are neither hearings nor part of any land use appeal
process.
Ordinance No. 17-
Page 2 of 12
Rev 3/17
Section 3. Title 4 of the Federal Way Revised Municipal Code is hereby amended to add
a new Chapter 4.23 to read as follows:
Chapter 4.23
SMALL CELL DEPLOYMENT: FRANCHISE AND SMALL CELL PERMITS
4.23.010 Overview.
(1) In order to manage its right -of -way in a thoughtful manner that balances the need to
accommodate new and evolving technologies with the preservation of the natural and aesthetic
environment of the City of Federal Way while complying with the requirements of state and
federal law, the city has adopted this process for the deployment of small cell technology.
Service providers who seek to utilize the public right -of -way for small cell deployment in order
to provide personal wireless service, data transmission, or other related services to the citizens of
the city must have a valid franchise to provide the specific service seeking to utilize the right -of-
way and a Small Cell Permit to deploy that technology. Entities with franchises who wish to
utilize a small cell deployment to upgrade or expand their existing services shall utilize the
processes set forth in this ordinance and implementing Small Cell Permits to deploy their
technology and obtain design approval of specific installations. The Small Cell Permit process
administers deployment under the franchise. An entity without a franchise shall apply for a
franchise and adjunct Small Cell Permit pursuant to Chapter 4.22 FWRC, which shall be
processed concurrently as one Master Permit within the meaning of RCW 35.99.010(3) and
35.99.030. For entities with a valid franchise, see FWRC 4.23.020.
(2) Nothing in this ordinance revises or diminishes the rights and obligations of an existing
franchise.
(3) The term "small cell deployment" shall include the deployment of small cell facilities and
small cell networks as those terms are defined by RCW 80.36.375. Small cell deployment
elements that require SEPA review may utilize these processes only in conjunction with SEPA
review.
(4) See Chapters 4.22, 19.05, and 19.255 FWRC for the definition of terms not specified in
this Chapter.
4.23.020 Application.
Applicants for Small Cell Permits shall apply in accordance with the provisions of Chapter 4.22
FWRC for franchise applications. The Director of Public Works ( "Director ") is charged with
administration of small cell deployments and other personal wireless service review processes
established under Chapters 4.23 and 19.255 FWRC. Service providers seeking to utilize the
city's right -of -way for small cell deployments shall specify geographic boundaries for the small
Ordinance No. 17-
Page 3 of 12
Rev 3/17
cell deployment described in the application. The applicant may designate the entire city at its
discretion or any portion thereof as the franchise area. Phased development is permitted and an
applicant is encouraged to specify at least the initial small cell deployment in its application.
The following additional information shall be provided by all applicants for franchises seeking to
utilize small cell deployment. Existing franchisees who seek to utilize a small cell deployment to
expand, assist, or implement an existing franchise may provide the information as a part of a
Small Cell Permit application for small cell deployment.
(1) Designation of Facilities.
The application shall provide specific locational information including GIS coordinates of all
facilities, and specify whether and where small cell facilities are to be located on existing utility
poles including city -owned light standards included in the definition of utility pole, or will utilize
replacement utility poles, new poles, towers, and/or other structures. Conduit and/or ground -
mounted equipment 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 an infrastructure provider. Detailed schematics and visual renderings of the facilities shall
be provided by the applicant. Failure to provide sufficient detail may result in a later finding of a
significant change in the facility if significant elements of the facility were not shown on the
originally approved franchise exhibit. Failure to include significant elements may also result in
the requirement that new or undocumented elements complete the approval processes detailed in
this Chapter and in Chapter 19.255 FWRC.
(2) Implementation; Small Cell Permits.
The rights granted under the franchise are implemented through the issuance of Small Cell
Permits. The franchise application, required under Chapter 4.22 FWRC, may be accompanied by
one or more applications for a Small Cell Permit to deploy small cells. An initial franchise and
all related Small Cell Permit applications shall be processed concurrently as one Master Permit.
(a) Up to thirty (30) sites may be specified in one Small Cell Permit application for
processing. The Director may approve up to five (5) additional sites in order to consider
small cell sites within one logical service area in one application
(b) Issuance of a Small Cell Permit to install a small cell deployment shall be
contingent upon approval of a franchise under Chapter 4.22 FWRC, or the possession of
a valid franchise.
(c) If more than one application for a Small Cell Permit is submitted by an applicant,
they shall be considered in the order received. If multiple applications are submitted on
the same date, the applicant shall indicate which application should be considered first.
All Small Cell Permits which are submitted in conjunction with a franchise application
shall be considered as one Master Permit. RCW 35.99.010(3).
Ordinance No. 17-
Page 4 of 12
Rev 3/17
(i) PROVIDED, HOWEVER, that an applicant with an existing franchise
may, at the applicant's sole discretion, elect to utilize the expedited review
process set forth in FWRC 4.23.100.
(ii) Any element of a deployment that qualifies as either an Eligible Facilities
Request or a collocation shall be specifically designated by the applicant and may
be addressed separately by the Director in order to comply with the shot clocks
established by federal law and Chapter 4.25 FWRC.
(iii) The Director may approve, deny, or conditionally approve all or any
portion of the sites proposed in the Small Cell Permit application.
(iv) Any application for a franchise or Small Cell Permit that contains an
element that is not exempt from SEPA review, shall simultaneously apply under
Chapter 43.21C RCW and Title 14 FWRC. See also FWRC 19.255.130.
(v) RF Certification. 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 FCC and other governmental regulations in
connection with human exposure to radio frequency emissions for every
frequency at which the small cell facility and associated wireless backhaul will
operate. An existing franchisee applying for a Small Cell Permit for small cell
deployment shall provide an RF certification for all facilities included in the
deployment which are to be installed by the Franchisee. If facilities necessary to
the Small Cell Deployment are to be provided by another franchisee, the Use
Permit to deploy such facilities shall be contingent on submittal of an RF
Certification by the other franchisee for such facilities, if such facilities will emit
RF emissions, this RF Certification shall address the cumulative impact of the RF
emissions and certify compliance with federal requirements.
(vi) Regulatory Authorization. Issuance of the Use Permit for the facilities shall
also be contingent upon the applicant's provision of proof of FCC and other
regulatory approvals required to provide the service(s) or utilize the technologies
sought to be installed.
4.23.030 Review process.
The following provisions relate to applications for a franchise or Small Cell Permit for small cell
deployments:
(1) Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 U.S.C. § 253 and 47 U.S.C. § 332 and applicable case law.
Applicants for franchises and the Small Cell Permits which implement the franchise shall be
treated in a competitively neutral and non - discriminatory manner with other service providers
utilizing supporting infrastructure which is functionally equivalent, that is, service providers
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whose facilities are similarly situated in terms of structure, placement, or cumulative impacts.
Franchise and Small Cell Permit review under this chapter shall neither prohibit nor have the
effect of prohibiting the ability of an applicant to provide telecommunications services.
(2) Concealment. In any zone not designated by FWRC 19.255.110 for design review
( "design review "), upon application for a Small Cell Permit or for facilities designated within a
franchise, the City will permit small cell deployment on existing utility poles conforming to the
City's generally applicable pole design standard adopted pursuant to FWRC 19.255.070.
Accordingly, small cell facilities installed pursuant to this concealment authorization may not be
expanded pursuant to an Eligible Facilities Request.
(3) Concealment Element Plan. Small cell deployment in Design Zones and Undergrounded
Areas, as well as certain new or replacement facilities, are subject to development of a
Concealment Element Plan. See 19.255.150 FWRC.
4.23.040 Facilities designated in the franchise and /or Small Cell Permit application.
Small cell deployments may be approved by reference to exhibits in an approved franchise.
Approval of the franchise shall be deemed to approve the site and the design of small cell
facilities set forth in the franchise. This approval is limited to the specific location, facility, and
design elements shown on the exhibits to the franchise. Any element not shown on an exhibit
must be approved by the governing review processes listed in FWRC 4.25.060 and FWRC
4.25.070 and, when applicable, Chapter 19.255 FWRC. All facilities shall comply with the
concealment standards adopted by the City in FWRC 4.23.030 and FWRC 19.255.150. An
existing franchisee may, at its option:
(1) Apply to amend the existing franchise to designate sites for small cell deployment, as
well as approve the small cell facilities to be installed and the concealment measures to be
utilized; and/or
(2) Apply for a Small Cell Permit which shall include:
(a) Small cell facilities to be installed on existing utility poles, utilize
the concealment option provided in FWRC 4.23.030(2); and/or
(b) Small cell facilities that comply with generally applicable objective
design standards adopted by the City in Chapter 19.255 FWRC; and/or
(c) Small cell facilities for replacement poles, new utility poles, or
installations in a Design Zone or Undergrounded Areas, utilize the design
approval procedures set forth in Chapter 19.255 FWRC.
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4.23.050 Small Cell Permit and minor deviations.
(1) The Director shall review applications for Small Cell Permits for small cell deployments
approved by a franchise or described in a concurrent franchise application. The Director shall
utilize the procedures established for Process I review in Chapter 19.55 FWRC. The Director
may authorize minor deviations in the Small Cell Permit from the dimensional design and
concealment technologies referenced in the exhibits to the franchise or design standards.
(2) A deviation in height of the pole of up to ten (10) feet above the height established for the
zoning district, by the franchise or from a design approved for a Design Zone, may be permitted.
(3) Deviations in the dimensions or volume of small cell facilities which do not exceed the
cumulative total provided by the definition of a small cell facility in RCW 80.36.375 may be
considered a minor deviation when an applicant replaces components of an existing, approved
small cell facility. Similarly, the addition of antennae on a pole, not to exceed a cumulative total
of six (6) cubic feet shall be considered a minor deviation; provided, however, that in each
instance the new or revised facilities do not defeat the concealment features set by the city's
generally applicable pole design standard adopted pursuant to the franchise, Chapter 19.255
FWRC, and/or as a concealment element under FWRC 19.255.150.
(4) Small Cell Permits to install facilities including approval of minor deviations shall be
processed within ninety (90) days of receipt of a complete application and final approval of a
franchise, whichever occurs last.
(5) The decision of the Director to approve a Small Cell Permit with a minor deviation, if
any, shall be final and is not subject to appeal under City code or further legislative review.
4.23.060 Significant deviations.
Any request for significant deviations from the approved small cell facilities design designated in
the franchise, Small Cell Permit or City's design standards shall be considered under the
provisions of Chapter 19.65 FWRC, Process III pursuant to the timelines established in Chapter
4.25 FWRC. An applicant seeking approval of a new pole or a replacement pole in a Design
Zone designated by FWRC 19.255.110 or Undergrounded Areas shall be subject to the same
Process III review and timeline.
4.23.070 Personal wireless service facility and small cell deployment facility approvals and
processes.
Approval of a franchise, Small Cell Permit and/or other approval referenced in this chapter are
conditioned on the following requirements:
(1) Satisfy applicable bulk requirements such as noise and light regulations.
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(2) Comply with adopted design and concealment standards, applicable to replacement utility
poles and new utility poles in a Design Zone or Undergrounded Areas.
(3) Obtain the written approval of the owner of any utility pole for the installation of its
facilities on such utility pole. Approval of a franchise does not authorize attachment to city -
owned utility poles or other structures.
(4) Unless specifically provided for in a franchise, obtain a lease from the city to utilize the
city's ground space for the installation of any new pole, a replacement utility pole over sixty (60)
feet, or to locate any new ground based structure, base station, or other attendant equipment on
city right -of -way or city property;
(5) Comply with all city construction standards and state and federal codes when operating in
the right -of -way and obtain a required permit to enter the right -if -way.
(6) A franchise which includes a facility that is not exempt from SEPA review shall be
processed in accord with the provisions of Title 14 FWRC.
(7) Small Cell facilities approved pursuant to this chapter shall be considered as an outright
permitted use when located within the right -of -way.
4.23.080 Additional review procedures.
Personal wireless service facilities in Design or Shorelines Management Zones, Undergrounded
Areas or Environmentally Critical Areas are subject to review as provided in Title 14 FWRC and
Chapters 19.255 and 19.145 FWRC.
4.23.090 Expedited review.
An applicant, at its option, may opt for expedited review. Absent such a request, the city will
process applications on a first -come, first - served basis, taking into account its resources and the
federal shot clocks incorporated by Chapter 4.24 FWRC. An applicant requesting expedited
review may select a third -party consultant from a list established by the city through requests for
qualifications or may propose an independent reviewing entity for review by the city. Such entity
shall be engaged pursuant to a third -party contract. The applicant shall be responsible for paying
all costs incurred in the expedited review process. Nothing herein shall be deemed to require an
applicant to utilize expedited review.
4.23.100 Compliance with state processing limitations.
Review of franchise and Small Cell Permits shall comply with the provisions of RCW 35.99.030.
Applications shall be reviewed, completeness determined, and the timeframe tolled as provided
in this Chapter and Chapters 4.22 and 4.24 FWRC.
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Section 4. Title 4 of the Federal Way Revised Municipal Code is hereby amended to add
a new Chapter 4.24 to read as follows:
4.24.010 Purpose.
Congress and the Federal Communications Commission ( "FCC ") have, pursuant to the authority
granted by 47 U.S.C. § 253(c) and 47 U.S.C. § 332(a), required local governments to act on
personal wireless service facility applications within a reasonable period of time and have
established time limits or "shot clocks" for local review. The Washington State Legislature has
also adopted similar limitations under the provisions of Chapter 35.99 RCW. Accordingly, the
city adopts the following time limits for review of applications for Eligible Facility Requests,
Small Cell Permits, and other approvals for service providers of telecommunication services
whether reviewed pursuant to Title 4 or Chapter 19.255 FWRC.
4.24.020 Eligible Facilities Request; Application and Review.
(1) Application Review.
(a) Application. The Community Development Director ( "Director ") shall prepare
and make publicly available an application form which shall be limited to the information
necessary for the City to consider whether an application is an Eligible Facilities Request.
The application may not require the applicant to demonstrate a need or business case for
the proposed modification.
(b) Type of Review. Upon receipt of an application for an Eligible Facilities Request
pursuant to this Chapter, the Director shall review such application to determine whether
the application qualifies as an Eligible Facilities Request.
(c) Timeframe for Review. Within sixty (60) days of the date on which an applicant
submits an application seeking approval under this Chapter, the Director shall approve
the application unless it determines that the application is not covered by this Section as
an Eligible Facilities Request.
(d) Tolling of the Time Frame for Review. The sixty (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. The timeframe for review of an Eligible Facilities Request is not tolled by
a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the Director shall provide
written notice to the applicant within thirty (30) days of receipt of the application,
clearly and specifically delineating all missing documents or information required
in the application.
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(ii) The timeframe for review begins running again when the applicant makes
supplemental submission in response to the Director's notice of incompleteness.
(iii) Following a supplemental submission, the Director will notify the
applicant within ten (10) days that the supplemental submission did not provide
the information identified in the original notice delineating missing information.
The timeframe is tolled in the case of second or subsequent notices pursuant to the
procedures identified in this sub - section. Second or subsequent notice of
incompleteness may not specify missing documents or information that was not
delineated in the original notice of incompleteness.
(2) Determination That Application Is Not an Eligible Facilities Request. If the Director
determines that the applicant's request does not qualify as an Eligible Facilities Request, the
Director shall deny the application. To the extent additional information is necessary, the
Director may request such information from the applicant to evaluate the application under other
provisions of this Chapter and applicable law.
(3) Failure to Act. In the event the Director fails to approve or deny a request for an Eligible
Facilities Request within the timeframe 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.
(4) Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of
the Spectrum Act to any court of competent jurisdiction.
4.24.030 Collocation.
Collocations other than those within the definition of an Eligible Facilities Requests shall be
processed within ninety (90) days of receipt of a complete application. The Director will notify
the applicant within thirty (30) days of receipt of an application whether it is complete or if
additional information is required. The term collocation shall not apply to the initial placement of
a small cell facility on a utility pole or on any other base station or tower that was not
constructed for the sole or primary purpose of an FCC licensed antenna and their associated
facilities. See FWRC 19.255.020.
4.24.040 New Personal Wireless Service Facilities.
Applications for new personal wireless service facilities not subject to RCW 35.99.030 shall be
processed within 150 days of receipt of a complete application. The Director will notify the
applicant within 30 days of receipt of an application whether it is complete or if additional
information is required.
Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or
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phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 20 .
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
Ordinance No. 17-
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APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 17-
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COUNCIL MEETING DATE: November 21, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: 2018 CITY OF FEDERAL WAY LEGISLATIVE AGENDA
POLICY QUESTION: N/A — Discussion only
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
111 City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
DEPT: Mayor's Office
Background: On an annual basis, the City of Federal Way produces a legislative agenda to affect legislation and
regulations as they relate to the interest of the city and its residents. Legislative priorities will define areas of
interest for the city for the upcoming 2018 session and is intended to guide the City's lobbying activities.
Priorities may focus on the areas of potential legislation and project funding requests, transportation, economic
development and fiscal health, and public safety.
Following this discussion, a draft 2018 Legislative Agenda will be presented to City Council for action at the
December 5, 2017 Regular Meeting.
Options Considered:
1. Discuss and give guidance on drafting the 2018 City of Federal Way Legislative Agenda.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
N/A
Committee Council /
Initial /Date Initial /Date /
ITY CLERK APPROVAL:
7 7
I 'tial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A — presentation only
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 1/2015 RESOLUTION #