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A. Applicability. Small wireless facilities and distributed antenna systems (DAS) both inside and outside of the right-of-way shall comply with the provisions of this Section. This Section shall also apply to new and replacement poles installed for the purpose of accommodating small wireless facilities and distributed antenna systems.

B. Permit Required. No person may place, construct, or modify a small wireless facility or DAS subject to this Section without first obtaining the required permit(s), issued in accordance with this Section and Chapter 12.34 PCC as applicable.

C. Applications.

1. Form and Contents. The Director shall specify, in writing, application submittal requirements and provide official application forms. The Director may waive specific submittal requirements determined to be unnecessary for review of any particular application. The Director may require additional material when the Director determines such material is needed to adequately assess the proposed project.

2. Application Fee. The applicant shall pay application fees as set forth in Chapters 2.05 and 12.34 PCC as applicable.

3. SEPA. If the proposal is not categorically exempt from SEPA review, then the application shall include a SEPA environmental checklist, together with any required fee.

4. Complete Application. A complete application shall consist of the completed application form with all required information, a right-of-way use permit application if applicable, a SEPA environmental checklist if the proposal is not categorically exempt from SEPA review, and the required application fees.

D. Applications – Batching. The applicant is encouraged to batch small wireless facility sites within an application in a contiguous service area and/or with similar designs.

E. Applications – Timelines. Applications shall be reviewed in accordance with the shot clock timelines established by the FCC unless tolled by mutual agreement of the Director and the applicant.

F. Applications – Design Justification.

1. Applications shall include a clear and complete written analysis that includes design drawings and explains how the proposed design complies with the applicable design standards under this Section to the maximum extent feasible. A complete design justification must identify all applicable design standards under this Section and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

2. The requirement for a design justification analysis may be waived in those instances where the applicant utilizes a design previously approved by the Director.

G. Applications – Photo Simulation. Applications shall include a photo simulation that includes to-scale visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least two angles, together with a map that shows the location of each view, including all equipment and cabling.

H. Applications – Radio Frequency Emissions Compliance Report. Applications shall include a written report prepared, signed and sealed by a professional engineer, or prepared by an equally qualified employee of the applicant, which assesses whether the proposed small wireless facilities or DAS demonstrate compliance with the Radio Frequency (RF) emissions limits established by the FCC.

I. Application – Private Roads. If any portion of the small wireless facility is on private property, the applicant must obtain and submit written documentation of applicable permissions from the private property owner prior to submittal for any County permits or approvals. Applications to collocate a small wireless facility or install or modify an associated utility pole within an access or utility easement over private property shall be treated as a permitted use if the applicant demonstrates in writing that they have property owner permission to locate the facility in the desired location.

Building setbacks do not apply to any new or replacement pole along a private road.

J. Standards – Design – General. The following design standards apply to all small wireless facilities and DAS (hereafter also collectively referred to as "facilities" or "facility"):

1. Visual Impact. Facilities shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably feasible, consistent with the proper functioning of the small wireless facilities or distributed antenna system. Such facilities and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site and/or streetscape to the extent reasonably feasible.

2. Color. Antennas shall be placed and colored to reasonably blend into the architectural detail and coloring of the host structure. Non-wooden poles shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues, greens, bronze, browns or other site-specific colors are encouraged and may be appropriate; however, each case should be evaluated individually.

3. Lighting. Security lighting for the equipment shelters or cabinets and other on the ground antenna equipment is permitted outside of the right-of-way. Such lighting shall be appropriately down shielded to keep light within the boundaries of the site.

4. Landscaping and Screening. Equipment shelters and cabinets and other on the ground antenna equipment located outside of the right-of-way shall be screened with landscape plantings, fencing, or other appropriate means as specified in PCC 18J.15.040.

5. Signs. No facilities may bear any signage or advertisement(s) other than signage required by law, regulations, and guidelines, including RF safety signage, or as expressly permitted or required by the County.

6. Clear and Safe Passage. Facilities shall ensure clear and safe passage as follows:

a. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), construction and sidewalk clearance standards, traffic safety requirements, and relevant county, state and federal statutes and regulations in order to provide a clear and safe passage within the right-of-way. Further, the location of any replacement pole or new pole must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.

b. Facilities shall have sufficient vertical clearance to ensure that the facilities will not pose a hazard to other users of the right-of-way.

7. Encroachment. Facilities shall not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent.

8. Noise. Facilities shall not generate noise in excess of the levels set forth in Chapter 8.76 PCC and Chapter 173-60 WAC.

9. Underground Utility Vault. Where the use of an underground utility vault is proposed, the access lid to the equipment enclosure shall be located outside the footprint of any pedestrian curb ramp and shall have a nonskid surface meeting ADA requirements if located within an existing pedestrian access route.

10. Residential Areas. Any application for a facility located in the right-of-way or in an access or utility easement adjacent to a parcel zoned for residential use shall demonstrate that the applicant has evaluated the following:

a. Whether a small wireless facility or DAS is currently installed on an existing pole in front of the same residential parcel. If such a facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel.

b. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. The applicant must demonstrate that no technically feasible alternative location exists which is not directly in front of a window or views.

11. Federal Requirements. All facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with regulatory authority.

K. Standards – Design – New Poles. Small wireless facilities may be attached to new poles that are not replacement poles, installed by the wireless provider, subject to the following criteria:

1. Antennas, antenna equipment and associated equipment enclosures (excluding disconnect switches), conduit and fiber shall be fully concealed within the structure. If such concealment is not technically feasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the structure or mounted as close to the pole as feasible, and must be reasonably related in size to the intended purpose of the facility, not to exceed the volumetric requirements in federal law.

2. To the extent technically feasible, all new poles and pole-mounted antennas and equipment shall substantially conform to the material and design of adjacent poles located within the contiguous right-of-way unless a different design is requested and approved by the Director.

3. New poles shall be no more than 40 feet in height unless additional height is requested and approved by the Director.

4. The County prefers that wireless providers install small wireless facilities on existing or replacement poles instead of installing new poles, unless the wireless provider can document that installation on an existing or replacement pole is not technically feasible or otherwise not possible (due to a lack of owner authorization, safety considerations, or other reasons acceptable to the Director).

L. Standards – Design – Nonwooden Poles. Facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:

1. The applicant shall minimize to the extent possible the antenna and equipment space and shall use the smallest amount of enclosure possible to fit the necessary equipment and reasonable expansion for future frequencies and/or technologies.

2. Antennas and the associated equipment enclosures (excluding a unified enclosure, or disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible, or is incompatible with the pole design. In the alternative, the applicant may use a design complying with the requirements of a relevant nearby city (for instance, when located in or near the Urban Growth Area of a city) or the pole owner (such as Tacoma Public Utility's approved designs for its light poles).

3. If located on a pole, antennas and the associated equipment enclosures (excluding disconnect switches and other appurtenant devices) must be designed to appear as an integral part of the pole or flush-mounted to the pole.

4. All conduit, cables, wires and fiber must be routed internally in the nonwooden pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.

5. An antenna on top of an existing pole may not extend more than 6 feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is technically needed. To the extent technically feasible, the antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match or be compatible with the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

6. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. Any replacement pole shall be placed as close to the original pole as possible.

7. The height of any replacement pole and its antenna(s) may not extend more than 6 feet above the height of the existing pole, or the minimum additional height technically necessary, or the height allowed by the definition of small wireless facilities.

8. The diameter of a replacement pole shall comply with sidewalk clearance requirements and shall, to the extent technically feasible, not be more than 20 inches measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole.

M. Standards – Design – Wooden Poles. Facilities located on wooden poles shall conform to the following design criteria:

1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of ten feet taller than the existing pole or the height allowed by the definition of small wireless facilities, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.

2. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than ten feet or the height allowed by the definition of small wireless facilities, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner.

4. To the extent technically feasible, antennas, equipment enclosures, and all antenna equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.

5. Antennas shall not be mounted more than 12 inches from the surface of the wooden pole, as measured from the surface of the pole to the inside edge of the antenna.

6. Antennas shall be placed in a manner which minimizes visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than 3 cubic feet in volume.

7. A canister antenna may be mounted on top of an existing or replacement wooden pole, which must not exceed the height requirements described in subsection M.1., above. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and, to the extent technically feasible, shall be colored or painted to match or be compatible with the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. To the extent technically feasible, all cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

8. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than 4 feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.

9. All related equipment, including but not limited to antenna equipment, radios, cables, associated shrouding, microwave dishes, and conduit, which are mounted on wooden poles, shall not be mounted more than 6 inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

10. Equipment must be attached to the wooden pole, unless otherwise permitted to be ground-mounted. The equipment must be placed in the smallest enclosure possible for the intended purpose, to fit the necessary equipment and provide for reasonable expansion for future frequencies and/or technologies. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.

11. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed more than 12 inches from the surface of the pole. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs, or with the technical functioning of the antennas and equipment.

12. The visual effect of the facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.

13. All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility.

14. The diameter of a replacement pole shall comply with setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the standard sized pole used by the utility.

N. Standards – Design – Buildings. All antennas and equipment shall be concealed within existing architectural features or painted/colored to be compatible, to the extent feasible. Any new architectural features proposed to conceal the equipment shall be designed to mimic the existing underlying structure, shall be as proportional as possible to the existing underlying structure or conform to the underlying use, and shall use materials in similar quality, finish, color and texture as the existing underlying structure.

O. Standards – Design – Cable Strung Facilities. Facilities mounted on cables strung between existing utility poles shall conform to the following standards:

1. Each strand-mounted facility shall not exceed 3 cubic feet in volume;

2. Only two strand-mounted facilities are permitted between any two existing poles;

3. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than 5 feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance;

4. No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;

5. Strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand); and

6. Strand-mounted facilities are only permitted on poles that have existing overhead wirelines.

P. Design Flexibility. The design standards set forth in this Section are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. An applicant may be allowed to deviate from the standard requirement when strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant. In such instances, the Director may approve alternative forms of concealment or deployment which provide similar or greater protections from negative visual impacts to the streetscape.

Q. Third Party Technical Review. The Director may, at his or her discretion, require a technical review by a third-party expert. The selection of the third-party expert shall be by mutual agreement between the provider and the County. The costs of the technical review shall be borne by the provider. A third party technical review may include, but is not limited to, a review of:

1. The technical accuracy and completeness of submissions;

2. The technical applicability of analysis techniques and methodologies;

3. The validity of conclusions reached by the applicant; and/or

4. Other specific technical issues as identified by the Director.

R. Abandonment. The telecommunications service provider for a specific facility shall provide the Department with a copy of the notice to the FCC of intent to cease operations and shall remove the obsolete pole or other facility (if applicable), antennas and associated equipment within six months from the date of said notice.

(Ord. 2021-9s § 4, 2021)