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7b - ORD Wireless Telecommunication Facilities1/5/2021 1 Amendments to the FWRC Titles 4 and 19 Related to Wireless Telecommunication Facilities Public Works Department Desiree’ Winkler, P.E., Deputy Public Works Director Policy Question Should City Council adopt amendments to Federal Way Revised Code Titles 4 and 19 related to wireless telecommunication facilities? 2 Background Information 3 Background Information •Industry requests to install small wireless in 2016. •Cities prepare how to accommodate small wireless. •Federal Communication Commission (FCC) Issued Order effective January 14, 2019. –Zoning, timelines, aesthetic standards required •Legal challenges to FCC Order. Most recent decision issued June 2020. 4 Background Information •FWRC 4.22: Franchise application requirements updated with specific timeline and requirements for wireless telecommunication. •FWRC 4.23: Small wireless permitting added. •FWRC 4.24: Shot Clocks implemented. •FWRC 19.256: Implemented zoning requirements, permitting timelines, and established interim design and aesthetic standards. 5 Proposed Amendments •Consolidate all wireless code into one chapter. Note: Most of these “amendments” are existing code being moved to another section and updated to current Federal law. •FWRC 4.22: removed a redundant section related to application review timelines. •FWRC 4.23: Refers to small wireless permit requirements in FWRC 19.256. •FWRC 4.24: Refers to eligible facilities request requirements in FWRC 19.257. 6 Proposed Amendments •FWRC 19.256: deleted and replaced. Consolidated all permitting and design standards (both within right-of-way and on real property). •FWRC 19.257: New (relocated) section for Eligible Facility Requests. Covers major small wireless facilities within rights-of-way and real property. 7 Why are these amendments important? 8 Permitting and Timelines •Outlines everything needed in order to meet Federal timelines or “shot clocks.” –Franchise –Master Lease (if applicable for using city facilities) –Small Wireless Permit –Environmental Review (if applicable for sensitive areas) –Right-of-Way Permits 9 Design Standards -Summary •Prioritize where facilities can be located. –Major Wireless Facilities (BPA towers; co-locate on existing poles; new poles) –Small Wireless •Put facility on an existing pole •Replace an existing pole •Add a new pole (meeting city standards) •RF engineer affidavit = emissions within all regulated health/safety standards. •Facility shall meet clearance and ADA standards 10 Design Standards -Summary •New / Replacement Poles (small wireless) –Equipment concealed within pole base; or –Equipment in a pole mounted cabinet with concealment strategies (such as a banner). –No ground mounted equipment. •Antennae and equipment box dimensions •“Technically Feasible” •Technology is constantly changing 11 Design Standards -Summary 12 Public Comment •SEPA –Programmatic –DNS •Growth Management Act –Dept. of Commerce Review •Provided to industry for review –Updated code to meet current Federal law. –Reasonable flexibility to accommodate “technically feasible.” –Mutual acceptance of code amendments. –Siting of major Wireless Communication Facilities (allowed uses per zone) –options for residential zoning. Future action by Planning Commission. 13 Public Comment •Land Use and Transportation Committee recommends approval. •Planning Commission (Public Hearing) December 2 and 16, 2020. •Planning Commission recommends approval. 14 Options Considered 1.Adopt the proposed ordinance to amend the FWRC Titles 4 and 19 related to wireless telecommunication facilities. 2.Do not adopt the proposed ordinance and provide direction to staff. 15 •Option 1: Adopt the proposed ordinance amending Title 4 and 19 of the Federal Way Revised Code as related to wireless communication facilities. 16 Questions? 17