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HomeMy WebLinkAbout4409ORDINANCE NO. 4409 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 6.16 of the Kent City Code, relating to the design standards for small wireless facilities installed on utility poles, city-owned infrastructure and streetlights, and amending sections 6.15.050 and 15.08.035, to update definitions related to wireless telecom m u nications facilities. RECITALS A. As the City continues to support the deployment of small cell technology within the rights-of-way on utility poles, streetlight standards and city-owned infrastructure, minor amendments to the design standards are necessary to address changes in federal law and to better facilitate the industry's deployment of these facilities, including 5G antennas. At the same time, the design standards work to overall minimize visual clutter and the public safety impacts of this technology as it proliferates within the public right-of-way. These standards also address the specific impacts to residential areas including limiting the height of poles and prohibiting the installation of ground-mounted equipment' 7 Amend KCC 6.76' Re: IltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75'O8.O35 - Re: Wireless Te leco m m u n icat io n s Fa c i I ities B. Because it is possible that these facilities may be deployed outside of the right-of-way, but have similar impacts, this amendment clarifies that the design standards also apply to small cell technology installed on streetlight standards or other utility poles outside of the right- of-way (e.9., in private parking lots). C. This ordinance also updates the terminology for small cell technology and definitions to align with the terms and definitions used in federal law and to clarify the application of the design standards' Specifically, the term small cell equipment or facilities has been changed to "small wireless facilities," It also adds language to clarify that the design standards for small wireless facilities installed on city-owned infrastructure (defined as poles, streetlight standards or other street-related appurtenances located in the right-of-way and owned by the City of Kent), also apply to the streetlight standards throughout the City that are not city- owned. D. Additionally, this ordinance adds enhanced flexibility to accommodate ever-changing technology and the technical requirements of equipment, such as the sensitivity of 5G antennas, which cannot be painted or shrouded. As part of this enhanced flexibility, a new type of combination pole has been included to allow a design in which all equipment and antennas are located internally, except for 5G antennas, which must be slightly recessed in order to function. These updated design standards still preserve the requirement to keep bulky equipment cabinets and shrouds at the top or bottom of these Poles' E, A new section 6.16,070 allows for the deployment of strand mounted facilities, in which small wireless facilities are installed directly on 2 Amend KCC 6.76 - Re: tltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8'O35 - Re: Wireless Te leco m m u n icat io n s Fa ci I it i es the cables between utility poles. This new section sets forth design standards applicable to these facilities. F, This ordinance also updates section 15.08.035 to update terminology and definitions to better align with federal law and to reflect the evolving types of wireless telecommunications facilities being installed. G. City staff consulted with representatives from the wireless industry on these code amendments and the ordinance was submitted to the Department of Commerce on June 14, 2O2L. H. On May 28, 2O2I, the City's SEPA Responsible official issued an Addendum to a March 29,2Ot9 Determination of Non-Significance for the proposed code amendment. I. At its regularly-scheduled meeting on July L2,2021, the Land Use and planning Board held a public hearing regarding the proposed code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 9ECTION 7. - Amendment 6.15.050. Section 6.15.050 0f the Kent City Code, entitled "Applications - Contents" is amended as follows: Sec. G.15.O5O. Applications - Contents. The director is authorized to establish an application form or forms appropriate for public utilities and 3 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of'WaY and KCC 6,75.O5O and 75.O8.O35 - Re' Wireless Te lecom m u n ications Faci I ities other qualified service providers to apply for a franchise or limited license agreement. The form shall contain at a minimum: A, Information identifying the applicant, its corporate or other organizational structure, and the contact agent' B. Property and facility information including, but not limited to: 1. The nature of the request - as an application for a new franchise, an application for renewal or amendment or an application for the transfer of a franchise, Z. A description of the specific services that the applicant expects to provide within the city including whether the services will be provided to the general public, to commercial and/or residential customers or to other utilities and service providers. 3. A description of the facilities to be located in the right-of-way including, but not limited to, telecommunications service facilities, small eell equ+@,conduits,fiber,pipelines,andotherfacilities appropriate to the specific utility or service providers' utilization of the right- of-way. Small designs shall be submitted with the application. The director may require designs of other facilities' 4. A statement that the necessary pole attachment or lease agreements with the owners of other facilities located in the right-of-way have been obtained. 4 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of-WaY and KCC 6.75,O5O and 75.O8.O35 - Re: Wireless Telecom m u n icatio ns Faci I ities 5. Estimated beginning and end dates for construction 6. A statement that any licenses, certificates or authorizations required from the Federal Communications Commission, the Washington Utilities and Transportation Commission and any other federal or state agency with jurisdiction over the proposed activities to be conducted in the right-of-way have been obtained. 7. A description of the services provided and any and all state and local taxes which may aPPlY. 8. The service area for which the franchise is requested, including a map of the area to be covered by the franchise and specific locations of the initial build out and, if known, proposed future build out locations including which proposed facilities will be underground, ground based, and/or aerial. 9. Upon request from the city, financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate, and remove its telecommunications facilities. This provision shall not apply when prohibited by the federal Telecommunications Act. ' 10. A detailed description of the applicant's previous experience in providing the intended service which includes a list identifying, by place and date, other franchises obtained by the applicant, its parent, or subsidiary. 5 Amend KCC 6.76' Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re: Wireless Te I eco m m u n icat io ns Faci I it ies 11, Such other information as the director determines would be relevant in considering the application. EOTION 2, - Amendment. chapter 6.16 of the Kent city code entitled "Utility Design Standards in the Right-Of-Way" is amended as follows. Sec. 5.16,010. Purpose. A. The city council, as trustee of the city's public right-of-way, has the authority to authorize right-of-way use by utilities and other entities in order to serve the public if an agreement consistent with state and federal law and the best interests of the city and its residents can be reached. The purpose of the design standards set forth within this chapter is to locate small eeH eff+i@,utilitypoles,andotherinfrastructureinthe city's rights-of-way in a manner that minimizes potential incompatibilities with adjacent uses, addresses traffic safety, limits bulk, and minimizes aesthetic impacts. Seet+on-++SS€a)- wireless facilities installed on streetlight standards or other light Foles outside of the right-of-way in order to address these same impacts to traffic and pedestrian safety, to limit bulk and minimize aesthetic impacts. 6 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re: Wireless Te leco m m u n icatio n s Faci I it ies Sec. G.16.020. Conflicting provisions. In the event of a conflict between the provisions of this chapter, the terms of any issued franchise, master license ao ment.r any federal law or federal regulation, it iso intended that the stricter standard shall apply unless the context clearly evidences a contrary intent, or unless the city is preempted on the issue by applicable law. Should any franchise or other applicable law be silent on the issue of conflict, this section shall control' sec. 6.15.O3O. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. City-owned infrastructure means poles, street-light standards, or other street-related appurtenances located in rights-of-way and owned by the city of Kent. B. Combination pole means a pole which includes both a streetlight and small@facilitiesthatreplacesexistingcity-owned infrastructure, or other streetlight standards not owned by the city. C. Director means the city of Kent public works director, or fu*er designee. D. Franchise refers to the authorization granted by the city to a utility or other service provider for the nonexclusive right to occupy city rights-of-way to provide service within a designated franchise area. A franchise shall be 7 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless Teleco m m u n icat io n s Fa ci I ities authorized by ordinance and must be accepted by the franchisee to become effective. A franchise shall not include or be a substitute for: 1. Any other permit or authorization required for the privilege of transacting aniJ carrying on business within the city, including without limitation a business license; or 2. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including, without limitation, a street cut permit, a street use permit, or other construction permit or approval; or 3. Any permits or agreements for occupying any other property in the city for which access is not specifically granted by the franchise, including, without limitation, permits and agreements for placing devices on or in poles, COnduitS, other Structures, Or railroad eaSementS, whether owned by the city or any other public or private entity, or for providing any service. E. Rights-of-way (singular right-of-way) means the surface of, and the Space above and below, dflY public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, WdY, lane, public way, drive, circle, pathway, space, or other public right-of-way, and over which the city has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority thereover. Rights-of-way for the purpose of this chapter do not include railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, open Spaces, nature trails, dedicated but unopened right-of-way, undedicated streets and/or right-of-way, environmentally B Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-Way and KCC 6.75,O5O and 75.O8'O35 - Re; Wireless Telecom m u n icatio ns Faci I ities sensitive areas, and any land, facilities, or property owned, maintained, or leased by the city in its governmental or proprietary capacity or as an operator of a utility. F. Small edkquieffien+orryjrelesy facilities means facilities that meet each of the following conditions: 1. The facilities - including their antennas as defined in 47 CFR 6 1.1320(d); or taller than other adjacent structures; or Dn nnt avfanrl ovictinn cfrr rrtr rrac /\n ralhirh l-harr r raa whichever is greater; associated antenna equipment (as defined in the definition of antenna in 47 ?All ^l-lrar rrriralacc ant tinrt,l nf rccnniafarl rivifh fh a cl-rr rnf r t ra feet in volume. 9 Amend KCC 6'76 - Re: lltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75.O8'O35 - Re: Wireless Te leco m m u n icatio n s Fa ci I ities wireless teleeommunieations faeilities attaehed; mounted; or installed on a right of way and used to provide personal wireless serviee: G. Traffic control signal system means traffic signal poles, mast arms, luminaires, and associated mast arms, ancillary poles, and related appurtenances, H, Utitity pole means a pole or vertical structure owned by a utility company or other third party with the right either pursuant to state law or a franchise to place such facilities in the right-of-way. It also includes light right-of-way, An original utitity pole is a pole that has not been replaced to accommodate small dl-lytfClg55-facilities or other wireless facilities, but that is capable of accommodating small eett-wueless-facilities or other wireless facilities. A replacement utitity pole means a pole that replaces an original utility pole to accommodate small eetl--UfifelCss-facilities or other wireless facilities and does not result in an increase in the total number of utility poles. Each reference to a utility pole herein includes any original utility pole and any replacement utilitY Pole. Sec. 5.16.040. General Requirements. A. All utility petesand light poles, wireless facilities. and small €el+ equ+pffierg-6,rlyggl€S9 facilities shall be constructed or installed according to applicable federal, state, and city regulations and standards, including the City of Kent Design and Construction Standards. 10 Amend KCC 6'76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75'O8'O35 - Re" Wireless Telecom m u n ications Faci I ities B. Ground-mounted equipment in the rights-of-way is prohibited, unless such @ placed underground or is otherwise approved by the director. C.Small@facilitiesarenotpermittedontraffic control signal systems. D. Small wireless facilities are not permitted in residential zoning districts nralaacc rrflinarl in VCC 1\flAO rnd VCC 1 tr no n?q DE, All poles shall comply with the Americans with Disabilities Act (*ADA'), City of Kent Design and Construction Standards, and state and federal regulations in order to provide clear passage within the rights-of-way' The location of any replacement or new utility pole, or combination pole must not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), not interfere with sight distance, and not adversely affect public health, safety, or welfare. EE. In order to minimize negative visual impact to the surrounding area and to avoid excessive overhead clutter, the director may deny a request for proposed or small wireless facilities where the proposed location is deemed inappropriate due to the extent of existing aboveground wireless telecommunications or other electrical or 11 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right'of-WaY and KCC 6.75,O5O and 75'O8,O35 - Re" Wireless Te leco m m u n icat i o n s Fac i I it ies cable facilities existing within a 1SO-foot radius of the proposed small-eeH eq{*i@ or small wireless facility location. The director may also deny a request for proposed on a utility pole already containing more than one electrical transformer. FG. The use of any city-owned infrastructure, other streetlight standard, or utility pole for the siting of small within the right-of-way shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host for small eell eftfi@ becomes unnecessary, the pole shall not be retainedforthesolepurposeofaccommodatingthesmall@ facilities, and the small all associated equipment, shall be removed. GH. Replacement utility Poles existing pole, while meeting the eurrent €ity ef Kent Design and €onstruetion fol lowino reouirements. facilities or other wireless facilities) shall be located as near as Possible to removed, wireless ilities other than small wireless faci lities. shall be no ore than 20 feet taller than adjacent utility poles. unless an additional height increase 72 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6,75.O5O and 75.O8'O35 - Re: Wireless Te leco m m u n icat io ns Faci I it ies reouirem set forth in KCC 6.16.05 0rc)r1)-(4) HI. Replacement and combination poles shall match or be similar to the color and material of the original or adjacent poles. Replacement and combination poles shall be located in a location that minimizes the appearance from existing adjacent residential structures to the maximum extent feasible. For example, locations where new poles or replacement poles would be close to windows, in front of historically or architecturally significant buildings, or in locations where the equipment would disturb views of significance should be avoided. IJ. The number of conduits shall be minimized to the number necessary to accommodate the facilities or equipment on the utility pole. The color of external cables, wires, and conduits shall match or be similar to the color of the utility pole or be a neutral color such as black, brown, beige, off-white, or light gray. The conduit shall be mounted as closely as possible to the pole, while still meeting the required safety clearances. JK. All cables and wiring on utility poles shall also be concealed to the maximum extent feasible. Any wires outside the conduit shall be consolidated and pulled as tight as technically feasible. Loops of excess wires 13 Amend KCC 6,76 - Re: IltilitY Design Standards in the Right'of-WaY and KCC 6.75.O5O and 75'O8.O35 - Re: Wireless Teleco m m u n ications Faci I ities shall not be lashed to the pole, to electrical wires supported by the pole, or to any pole-mounted equiPment. KL. Ancillary equipment and facilities, including conduit and cable, shall not dominate the structure or utility pole upon which these things are attached. tM. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan. M; Side arm moHnts and strand moHnts for antennas or eqHipment are pFeffi+tedr N. The city may consider the cumulative visual effects of small eell ee$i@mountedonpoleswithintherights-of-waywhen assessing proposed siting locations so as not to adversely affect the visual character of the area. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the service provider. O. These design standards 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. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. 74 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re; Wireless Teleco m m u n icatio ns Faci I ities P. No equipment on any utility or combination pole may be operated so as to produce noise in sec' 6'16'050' small design standards and aesthetic requirements on utility poles. A. Locations 1, Small on utilitY Poles shall be located in a location that minimizes the appearance of small €el+ eq*+@fromexistin9adjacentresidentialstructuresto the maximum extent feasible. For example, best efforts shall be used to avoid locations where small would be close to windows, in front of historically or architecturally significant buildings, or in locations where the equipment would disturb views of significance. 2. A utility pole shall not contain more than one small €el+ +a+t+tywjrelcsslaelity. B. Replacement utitity poles. The height of any replacement utility pole to accommodate small wireless facilities. including antennas shall be: 50 feet or less; or not extended to a height of more than 10 percent above its preexisting height as a result, whichever is greater. 15 Amend KCC 6.76' Re: lltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75,O8.O35 - Re" Wireless Te lecom m u n ications Faci I ities C. Small eet+----eguieffientwireless faciliti$ design- Small €e+l effi@shallcomplywiththedesignstandardssetforth within this section. 1. Color. Small antennas, conduit, mounting hardware, and equipment cabinets shall be painted-a neutral color t€-the!_matches or is similar to the color of the utility pole, or, at the city's preference, small shall be painted any color of the city's choosing, so long as the paint is reasonably commercially available, and painting is technically feasible. 2. Mount. Small shall be mounted ascloselytotheutilitypoleas,andshallnot extend out more than three feet from the pole. Ground-mounted equipment is prohibited", unless otherwise 3. No illumination. Except as otherwise required by applicable law, small shall not be illuminated' 4. Concealed wires. Small external cables and wires shall be enclosed in a conduit so that wires are protected and not visible or visually minimized to the maximum extent feasible. The number of conduits shall be minimized to the number necessary to accommodate the small €el-l-lyileles5-facility, and the conduits shall be mounted as closely to the pole, while still meeting the required safety clearances necessary for the pole to remain climbable. The color of external cables and wires and conduits shall match or be similar to the color 16 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right'of-WaY and KCC 6.75.O5O and 75'08.935 - Re: Wireless Telecom m u n ications Faci I ities of the utility pole or be a neutral color such as black, brown, beige, off-white, or light gray. All cables shall be also be concealed to the extent feasible. 5. Bulk a. Primary small eeH-wireless facilitl* equipment enclosures shall not exceed i2-flcubic feet in volume' b. Multiple antennas are permitted; provided, that the cumulative total antenna volume shall not exceed *2-.1L cubic feet. c. If, due to technological reasons, the proposed equipment enclosures do not comply with this subsection, the director may approve primary small eeH-wireless facilities equipment enclosures up to 28 cubic feet in volume following a submission to the director demonstrating that the proposal includes the smallest smatl-eetl--equipment enclosure that is tech nological ly feasible for the specific smal I eell-wueless-faci I ity. Si m ila rly' antennas. 6. Stickers. The use of stickers on minimized to the extent feasible. utility poles should be sec. 6.16.060. small design standards and aesthetic requirements on city-owned infrastructure and other streetlight standards. t7 Amend KCC 6'76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re: Wireless Te leco m m u n i cat io n s Faci I it ies A. General considerations. 1. In order to install small on city- owned infrasttucture the existing €it)rewft+pole must be removed and replaced with a combination pole meeting the requirements of KCC 6.t6.04O, General requirements, and this section. In order to install small wireless facilities on other existing streetlight standards not owned bY the 6.16.040. General requirements, and this section 6.16.060, or the aPPlicant must submit a structural load rating analysis. Alternatively, the director may approve the installation of a combination pole in a location where it has been identified that a streetlight is necessary and if the installation of the combination pole complies with the lighting criteria set forth in the City of Kent Design and Construction Standards. Streetlight standards outside of chapter, Z. @ of combination poles are allowed: (a)combinationpolewithacanister@antennas; (b) combination pole with equipment shroud; an*(c) combination pole with canister and/or shrouded antennas and equipment shroud; and (d) nnmhin=tin nala rrriflr anr rinrtronf anrl antannlc rrlif hi {-ha nrilo.;dS generally depicted in Exhibit A at the end of this section. Equipment is also requirements within this section 6.16.060. 18 Amend KCC 6.76' Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re" Wireless Teleco m m u n ications Faci I ities B, Requirements for all combination poles 1. The design of a combination pole shall @ similar to the existing city-owned infrastructure or other streetlight standard installed adjacent to the proposed combination pole and substantially conform to the depictions in Exhibit A at the end of this section or those subsequently adopted in the City of Kent Design and Construction Standards. The same combination pole shall be used in the same corridor, in a defined area with adopted design standards or guidelines, or within a neighborhood to maintain a cohesive appearance, unless the director 5^nFA\r6c {-ha in +allalian a€ = AiFFarant cfrrla nf mlrinafinn nnla - 2. The height of any combination pole replacing city-owned infrastructure or other streetlight standard including antennas shall be: 50 feet or less; or not-extended to a height of no more than 10 percent above its preexisting height-as++esult, whichever is t'essgrcAlef. The height of a combination pole installed at a new location pursuant to subsection (A)(1) of this section shall be approved by the director. 3. The diameter of the combination pole shall be no larger than 16 inches. The director may approve a diameter up to *-ZL .inches if an applicant can demonstrate that more space is needed. 4. No horizontal flat spaces greater than one and one-half inches shall exist on the combination pole to prevent cups, trash, and other objects from being placed on the Pole. 5, All wiring and cabling shall be internal to the combination pole. 19 Amend KCC 6.76 - Re: lltility Design Standards in the Right-of-Way and KCC 6.75,O5O and 75'O8.O35 - Re: Wireless Te lecom m u n ications Faci I ities 6. Any antenna(s) or equipment shroud shall be colored to match or be similar to the combination pole. 7. Any splicing of wiring and cabling shall be underground. 8, The luminaire shall be mounted at the same height surrounding luminaires. as g. All mounting brackets, anchor bolts, and other hardware connections shall be concealed. C. Requirements for specific combination pole types. 1. Combination pole with a canister and/or sffied antennas a. The antenna shall be a canister or shrouded antenna and mounted at the top of the combination pole. There shall be a smooth transition between the upper part of the pole and the antenna and the antenna shall be integrated so that it appears as a continuation of the original pole. Antennas shall be scaled to be a maximum of 1.25 times the diameter of the pole at the antenna-mounting location. b. The canister antenna and/or antennas s,hr#shall be colored to match or be similar to the combination pole. 2. Combination pole with equipment shroud 20 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of-WaY and KCC 6.75,O5O and 75.O8.O35 - Re: Wireless Te leco m m u n i cat io ns Faci I ities a. In place of an antenna at the top of the combination pole, a single external shroud .containing the antenna and other equipment mounted to the pole will be allowed. b. The shroud shall be attached near the top of the pole in such a way that the wiring, cables, and equipment is hidden from view' 3. Combination pole with canister and/or-shrouded antennas and equipment shroud. a, This type of eombination pole is allowed when various small eell te€hno ffi a. The antenna shall be a canister or shrouded antenna and antenna shall be integrated so that it appears as a continuation of the 1A innhac i r{irmal-ar rrrhinharrar i arasl.ar Tf tha rnfann a:nnn{- ha intanrrl-arl rifJrin r nrnicl'ar nr ch ttA f a a Rl? rnfann.a \ {-han fha antennas may only be installed near the top of the pole in such a waY that tha ralirinrr r-:.lrlac rnd anrrinmanl- ic hirl n frnm rriarrr 2I Amend KCC 6.76' Re: lltility Design Standards in the Right-of'Way and KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless Te I eco m m u n icat io n s Fa ci I ities b, The equipment shroud shall be attached near the top of the pole in such a way that the wiring, cables, and equipment are hidden from view. 4 Com ination nole with ecr inmenf and antennas wifhin the pole. This type of combination pole conceals and integrates the equiPment and antennas within the pole. All equipment and antennas shall be located internal or recessed to the appropriate enclosure' Exhibit A Combination Pole with Canister and/or Sh+eude4Antennag - KCC 6.16.060(CX1) F : NTSNA I UINNAIRE MASTAR&' UPP€RPOLE -- - EoUlPliENT cAslNET g; EIECTRTCA! - coNourl FOUNCATTON 22 Amend KCC 6'76 - Re: IltilitY Design Standards in the Right'of'WaY and KCC 6.75.O5O and 75'O8'O35 - Re" Wireless Te I eco m m u n icatio n s Faci I ities Gombination Pole with Equipment Shroud - KCC 6.16.060(CX2) LUMINAIRE POLE SHRQUD EOUIPMENT CABINET ELECIRICAL CONDUIT STANDARO FOUNOATION Combination Pole with Canister and/orSh+eude+Antennag and Equipment Shroud - KCC 6.16.060(CX3) ANIENNA FISER SPLICE,/PULL BOX FINAL -.-.-.- GRADE I.l LUMINAIRF LUMINAIRE MAgT M& UffiR POLE SHROUB ETECIRICAL BOX NNAL ffilffuI FIBER GRAOE CONDUIT EOUIPM€NTCBINET STANOARO FOUNDATIN 23 Amend KCC 6.76 - Re: UtilitY Design Standards in the Right-of-Way and KCC 6,75.O50 and 75.O8.O35 - Re; Wireless Telecom m u n ications Fa ci I ities Combination Pole with Equipment ancl Antennas within the Pole - KCC 6.16.060(CX4) L-B r€lNET, rr 6*d Sec. 6.16.070. Strand mounted small wireless facilities. Small wireless facilities mounted on cable strung between existing utility poles shall conform to the following standards: A. Each strand mounted facility shall be installed to cause the least visual volume. 24 Amend KCC 6.76' Re: Iltility Design Standards in the Right-of-Way and KCC 6.75,O5O and 75.O8'O35 - Re: Wireless Te leco m m u n i catio n s Fac i I ities 5G two existinq utility poles. n Tha nr.,l mnr rn{-arl frnilil-rr chr ll ha nlraaA rc nlnca ac hla l-n {-ha for safety clearance. Doles on strand that is pa llel to the oround and the edoe of th rioht-of- way. the roadway open to vehicular traffic. shall meet the requirements described in KCC 6.16.050(C)' facilities is not permitted, except when placed in pre-existing equipment cabinets. sec. 6.16.O7eggq. Permits. Permits approved pursuant to this section shall be subject to the following findings by the director: (A) that the applicant has an executed franchise or limited license agreement with the city; and (B) the applicant has an executed master license agreement with thecityifanycomponentofthepropoSedSmall@ facility involves use of city-owned infrastructure. 25 Amend KCC 6.76' Re: lltilitY Design Standards in the Right-of'Way and KCC 6.75.O5O and 75.O8'O35 - Re.' Wireless Te I eco m m u n icat io ns Faci I it ies 9ECTION 3, - Amendment Section 15.08.035 of the Kent city code entitled "Wireless telecommunications facilities" is amended as follows: Sec. 15.O8.035 Wireless telecommunications facilities. A. Purpose and goals. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals: 1. Protecting residential areas from potential adverse impacts; 2. Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently; 3. Encouraging location in nonresidential areas; 4. Minimizing the total height of towers within the community; 5. Encouraging the joint use of new and existing sites; 6. Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques; and 26 Amend KCC 6'76 - Re: lltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75.O8.O35 - Re: Wireless Teleco m m u n icatio ns Faci I ities 7. Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations. In furtherance of these goals, the city shall give due consideration to the city's comprehensive plan, zoning ffi?P, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas. B. Definitions. As used in this section only, the following terms shall have the meanings set forth below: Abandon or abandonment means: 1. To cease operation for a period of 180 or more consecutive calendar days; or 2. To reduce the effective radiated power of an antenna by 75 percent for 180 or more consecutive calendar days unless new technology or the construction of additional cells in the same locality allows reduction of effective radiated power by more than 75 percent, so long as the operator still serves essentially the same customer base. Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic Waves' 27 Amend KCC 6'76 - Re: IltilitY Design Standards in the Right'of'WaY and KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless Te leco m m u n icat io n s Fa ci I ities Backhaut network means the lines that connect a provider's WTFs/towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view. Co-locate means use of a WTF by more than one service provider COW means cell on wheels or cellular on wheels. EIA means Electronic Industries Association. FAA means the Federal Aviation Administration FCC means the Federal Communications Commission. Guyed tower means a wireless communication support structure which is typically over 100 feet tall and is steadied by guy wires in a radial pattern around the tower. Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad and any antennas 28 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless Te leco m m u n icatio ns Fa ci I ities Lattice tower means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.A latfirp rrrar chall nnt inrlr rla a ranlararnent t rtilihr nnla as defined herein, Monopole tower means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation. A monopole tower chall nn{- inrlr r a ranl=aamanf r rfilifrr nnla ac rlafina/ harain Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc. personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in 47 U.S.C. Section 332(c)(7)(C), or as amended. Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7, t997, including permitted WTFs that have not yet been constructed, so long as that permit or approval has not expired. Pcnlacp anf ttfilifv nnle ic.rlafinorl in KCC 6 1A n?n L{ anrl cr rhi nf l-n fha requirements set forth within KCC 6.16.040. SmaII wireless faciliti means wiffiiefts facilities-that meet ch of the followino nditions: 29 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8'O35 - Re: Wireless Telecom m u n ications Faci I ities 1, The facilities - includinq their antennas as defined in 47 CFR I 1.1320(d); or taller than other adjacent structures; or hn nnt avfand avicfinn c{-rr rnl.r rrac nn rrrrhi {-harr rra whichever is greater; atrPs11 ""ntl.|\\ ic nn rrrnro rn fhraa nrrhic faaf n rrnlr rma. ?ail reriralacc anr rinrna n{- rccanirfarl rrrith th cl-rr rnfr rra feet in volume. Telecommunications means tJie transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as Sent and received' Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used' 30 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75.O8.O?5 - Re" Wireless Te I eco m m u n icati o n s Faci I ities Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telecommunications, telephone, radio, and similar communication purposes, including lattice towers and monopole towers. The term includes the structure, all structural supports, and all related buildings and appurtenances. A tower shall not include a replacement utility pole as defined herein' Whip antenna means an omnidirectional dipole antenna of cylindrical shape that is no more than six inches in average diameter. Wireless telecommunications facility or WTF includes "personal wireless SerViCe," "personal WireleSS SerViCe faCilitieS," and "faCilities" aS defined in 47 U.S.C. Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission anQ reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless servlces. C. Applicability 1. New uses. All wTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) of this section. 31 Amend KCC 6.76 - Re: Iltility Design Standards in the Right-of-Way and KCC 6.75.O5O and 75.O8.O35 - Re" Wireless Te leco m m u n icat io n s Fac i I ities D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning districts=, unless otherwise listed herein: 1. Existing uses. wTFs that currently exist on July 7, L997, or for which a valid building permit has been obtained and remains in effect on July 7, Lgg7, except this exemption does not apply to modifications of existing facilities. 2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. 3. Amateur radio station operators or receive-only antennas. Any tower or antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. 4. Home satetlite services. Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the ProPertY' 5. COW. A COW or other temporary wTF, but its use anywhere in the city cannot exceed 30 days, unless extended by permit issued by the planning manager or unless the city has declared an area-wide emergency. 6. Pubtic safety wTFs and equipment. Public safety wTFs and equipment, including, but not limited to, the regional 911 system. 32 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8'O35 - Re.' Wireless Te leco m m u n icat io n s Faci I it ies 7. Small-- v,tiretess facilit . Small wireless facilitieseetl-equipment, as defined in subsection (B) of this section, when located within right-of-way. Such facilities are subject to a specific agreement with the city, and all requirements provided in KCC 6.16'provided agreeffients wireless or small wireless facilities or equipment, as defined in subsection requirements provided in KCC 6.16. E. General. 1. Principal or accessory use. WTFs may be considered either principal or accessory uses, A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot' Z. lVof essential services. WTFs shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential public services. F. General requirements. 1. Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city's satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant's grid system. 33 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right'of-WaY and KCC 6,75.O5O and 75'O8'O35 - Re" Wireless Te leco m m u n i cat io n s Fa ci I ities 2. FCC licensing. The city will only process wTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility. 3. Compliance with other laws. Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules, and regulations, 4. Lot size. For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot. 5. Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage criteria: a For a single user, up to 90 feet in height; and b. For two or more users, up to 120 feet in height 6. Security fencing. wTFs shall be enclosed, where appropriate, by security fencing not less than six feet in height; provided, however, that the planning director may waive these requirements, as appropriate' 34 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6,75.O5O and 75'O8.O35 - Re: Wireless Te leco m m u n i catio n s Fa ci I iti es 7. Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound; provided, however, that the planning director may waive these requirements if the goals of this section would be better served. 8. WTFs mounted on structures or rooftops. wTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment. 9. Aesthetics. WTFs shall meet the following requirements: a. WTFs shall be painted a neutral color so as to reduce visual obtrusiveness. b. At a wTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed envi ron ment. 10, Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area. 11. Measuremenf. For purposes of measurement, wTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. 35 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75'O8,O35 - Re: Wireless Teleco m m u n icatio ns Faci I ities LZ. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required , franchises, licenses, and permits with the planning manager. 13, Signs. No signs shall be allowed on an antenna or tower 14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates' The method of providing backhaul, wired or wireless, shall be identified' G. Tower requirements 1. Tower setbacks. All towers, support structures, and accessory buildings must satisfy the minimum setback requirements for that zoning district. 2. Support systems setbacks. All guy wires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five feet to any property line. 3, Monopole construction required. All towers will be of a tapering monopole construction; however, the planning director may allow another type of tower upon a showing that it would cause less impact to the 36 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right'of-Way and KCC 6.75.O5O and 75,O8.O35 - Re" Wireless Te leco m m u n icat io ns Fa ci I ities surrounding property than a similar monopole structure or would further the purposes and goals in this section. 4. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or within one mile of its borders, including specific information about the location, height, and design of each facility. 5, EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA standards. Prior to issuance of a building permit, the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. 6. Site selection and height. Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies: a. Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential colocation; and b. Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provide the best opportunity to minimize the visual impact of the proposed facility; and 37 Amend KCC 6.76 -' Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75,O5O and 75'O8.O35 - Re: Wireless Te leco m m u n i cat io n s Fa ci I it ies c. site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas, The facility should be camouflaged to the maximum extent feasible. 7. Colocation priority. Colocation of antennas by more than one carrier on existing towers is preferred to construction of new towers; provided, that the colocation is consistent with the following: a, Redesign restrictions. A tower that is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if Practical. b. Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height or 120 feet, whichever is lower, to accommodate the colocation by another provider or operator of an additional antenna system in any district except DC, DCE, NCC, and all SR districts. This additional height shall not require an additional distance seParation. c. onsite relocation. A tower that is being rebuilt to accommodate the colocation of an additional antenna may be relocated on its existing site within 50 feet of its existing location. If consistent with the purposes and goals in subsection (A) of this section, the planning director may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands. 38 Amend KCC 6.76' Re: lltilitY Design Standards in the Right'of-WaY and KCC 6.75.O5O and 75,O8.O35 - Re" Wireless Teleco m m u n ications Faci I ities 8. Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the planning director through issuance of a minor conditional use permit, Table 1 Lattice Guyed Monopole 75 feet in height or greater Monopole less than 75 feet in height Mono'Mono' pole Pole 75 feet less in than height 75 or feet in Lattice Guyed greater height 5,000 5,000 1,500 750 5,000 5,000 1,500 750 1,500 '1,500 1,500 750 750 750 750 750 39 Amend KCC 6.76 - Re: tltilitY Design Standards in the Right-of-WaY and KCC 6.75,O5O and 75.OA'O35 - Re: Wireless Te leco m m u n icatio ns Faci I ities H. Administratively approved WTFs. The planning director may administratively approve the uses listed in this subsection once each applicant has applied for and provided all necessary information required in this code and in the city's application form. This administrative approval is classified as a Process I application and is subject to the requirements of Chapter 12.01 KCC. 1. Administratively approved uses. The following uses may be approved by the planning director after conducting an administrative review: a. Industrial/commercial zones. Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed 90 feet in height for a single user and 120 feet in height for two or more users in the following districts: MA, II,12,I3, CM, GC, and GWC. b. Antennas on existing structures. Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single-family dwelling or multifamily structure of fewer than eight dwelling units in any zoning district, provided: i. The antenna does not extend more than 20 feet above the highest point of the structure if a whip antenna, or 10 feet above the highest point of the structure if a non-whip antenna; and The antenna complies with all applicable building codes; and 40 Amend KCC 6.76' Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8'O35 - Re" Wireless Te leco m m u n i cat io ns Faci I it ies iii. All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials' c, WTFs on existing towers. Locating a WTF through colocation by attaching the antenna to an existing tower. d. WTFs within allowable building height. Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district. e. COWs for greater than 30-day periods. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within 30 days), locating a COW at a single location for more than 30 calendar days; however, purely economic convenience shall not be considered a viable factor in making this determination. 2. Authority to waive certain requiremenfs. In connection with this administrative approval, the planning director may, in order to encourage camou1aging and colocation of WTFs, administratively waive separation distance requirements between WTFs by up to 50 percent in nonresidential zones. Additionally, the planning director ffidy, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use. 47 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75.O8.O35 ' Re: Wireless Telecom m u n ications Faci I ities I. Minor conditional use permits. Applications for minor conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15.09.032 and Chapter 12.01 KCC, except as modified by this subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section, then a minor conditional use permit shall be required. 1. Minor conditionat WTF uses. Specifically, minor conditional use permits shall be required for the following WTFs: a. Industrial/commercial zones. Locating WTFs that exceed 90 feet in height for a single user or 120 feet for two or more users or locating antennas on existing structures that exceed the height limitations in subsection (H)(1Xb) of this section in the following districts: MA, IL,12, 13, CM, GC, and GWC. b. Government property, excluding right- ' Locating WTFs (i) separate from existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity, excluding right-of-way or (ii) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity, excluding right-of-way, exceeding the height limitations in subsection (HX1Xb) of this section, but only on the condition that the total height of the attached WTF, including the structure, does not exceed L20 feet, unless permitted under subsection (f)(tXa) of this section; however, this subsection shall not apply in DC, DCE, and NCC districts. 42 Amend KCC 6.76' Re: lltilitY Design Standards in the Right'of-WaY and KCC 6.75.O5O and 75'O8.O35 - Re,' Wireless Telecom m u n ications Faci I ities c. WTFs exceeding allowable building height' Locating WTFs that exceed the allowable building height in the following districts: O, CC, MRG, MRM, MRH, AG, and A-10. d. Tower construction under allowed separation distances. Locating towers that do not meet the separation distance requirements in subsection (GX8) of this section or that do not meet administratively approved separation distance limits. 2. Factors considered in granting minor conditional use permits for towers. In addition to KCC 15.09.030(D), the planning director shall also consider the following factors when considering a MCUP application for WTF towers: Height of the proposed tower;a b. Proximity of the tower to residential structures and residential district boundaries; Nature of uses on adjacent and nearby properties; d. Surrounding toPograPhY; e Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 43 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right'of-WaY and KCC 6.75.O5O and 75'O8.O35 - Re: Wireless Te I eco m m u n icatio n s Fa ci I ities c g. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures; h. Obstruction of or interference with views; i. Consistency with purpose and goals set forth in subsection (A) of this section. 3. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant's proposed WTF. An applicant shall submit information requested by the hearing examiner related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed WTF may consist of any of the following: a. No existing wTF is located within the geographic area that meets applicant's engineering requirements' b. Existing wTFs are not of sufficient height to meet applicant's engineering requirements' 44 Amend KCC 6.76 - Re: lltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re: Wireless Teleco m m u n icat io n s Faci I ities c. Existing WTFs cannot practically be reconstructed to provide sufficient structural strength to support applicant's proposed antenna and related equiPment' d. Electromagnetic interference would occur between two or more WTF systems. e. The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for colocation are unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable. t. other limiting factors render existing wTFs unsuitable. g. An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable, 4. Separation requirements. The planning director may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served; however, development of multiple tower locations on a single site (often referred to aS "antenna farms") are specifically discouraged wherever possible. 45 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of'WaY and KCC 6.75.O5O and 75.O8.O35 - Re: Wireless Te leco m m u n i catio n s Faci I it ies i. Removal of abandoned towers 1, Abandonment and removal. The owner or operator of any abandoned tower shall notify the city's planning manager' in writing, of that abandonment and shall remove the same within 90 calendar days. Failure to remove an abandoned tower within 90 calendar days shall be grounds to remove the tower at the owner's expense. 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 antennas on any tower are removed or relocated to a point where the top 20 percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned. The owner or operator of any partially abandoned tower shall notify the city's planning manager, in writing, of that partial abandonment and shall remove the partially abandoned portion within 90 calendar days. Failure to remove a partially abandoned tower within 90 calendar days shall be grounds to remove the abandoned portion of the tower at the owner's expense. 3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment of funds, cashier's check, or cash, in a form acceptable to the city, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city's total cost incurred in removing the abandoned structures, If the owner or operator fails to make 46 Amend KCC 6.76' Re: lltilitY Design Standards in the Right-of-Way and KCC 6.75.O5O and 75.O8.O35 - Re,' Wireless Telecom m u n ications Faci lities full payment within 30 calendar days, then the amount remaining unpaid shall become a lien on the facility property. K. Nonconforming uses. 1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted. Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. 2. Damage or destruction not the fault of owner/occupant. Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative approval or a m'inor conditional use permit and without having to meet separation requirements. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (J) of this section. SECTION 4, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect' 47 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-Way and KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless Telecom mu n ications Faci lities SECTION 5. - Corrections by city clerk or code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or referenceS to Other loCal, state, or federal laws, codes, ruleS, or regulations. SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. I Auoust L7.202L Date ApprovedDANA RALPH, ATTEST: KIMBERLEY A oTo,RK APPROVED ARTHUR'P FITZPATRICK,ATTORN EY Auoust L7.2O2L Date Adopted Auoust 20.2O2L Date Published 48 Amend KCC 6.76 - Re: IltilitY Design Standards in the Right-of-WaY and KCC 6.75.O5O and 75.O8.O35 - Re.' Wireless Te leco m m u n i cati o n s Fa ci I it i es STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaPer of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspapel in King County, Washington. The Kent- Covington Reporier has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement folm) which was regularly distributed to its subsuibers during the below stated period. The annexed notlce, a: Public Notice #KENe3468e was published onAugust 20,2OZL The sum full amount of charged for said foregoing publication is the 0 Rudi Alcott Vice President, Advertising Subscribed and sworn to me this 20fr day of August,202L . Tribbett,Public for the State of Washington, Residing in Washington it#i.t.:i" Classified Proof CITYOF KENT NOIICE OF ORDINANCE PASSED BY THE CITY COUNCIL The following is the sum- marv of an ordinance pas;ed by the Kent City Council on August 3, 2021. ORDINANCE NO. ,1409 - AN ORDINANCE of the City Council of the CitYof Kent, Washington, amending Chapter 6-16 of the Kent City Code, relating to the design standards for small wire- less facilities installed on ulility poles, city-owned infrastructure and sireet- lights, and amending sections 6.15.050 and 15.08.035, to uPdate definitions related to wireless telecommunica- tions facilities. This ordinance shall take effect and be in force thirty days from and after its passage, as provided bv law. A copy of the complete text of any ordinance will be mailed upon request of the City Clerk Kimberley A. Komoto, Citv Clerk Kk6moto@ KentWA. oov 253456-5725 # 933827 8t6t21 Proofed by Jennifer Tribbett, 07 /2312021 I 1:51:01 am Page:2