HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 07/27/2021 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, July 27, 2021
4:00 PM
Chambers
Unvaccinated individuals must wear face coverings and practice physical social distancing from
non-household members.
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 893 2604 7466
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. COMMITTEE BUSINESS
1. Payment of Bills - Authorize Paula Painter
2. Community Partnerships Bill Ellis
Tsai-En Cheng
3. Correct Length of Appointment for Members on Appointive Tammy White
Commissions - Approve
4. Ratify Reappointments of Members to Appointive Tammy White
Commissions Authorize
5. Ordinance Amending Kent City Code Chapters 6.15, 6.16, Christina Schuck
and 15.08 RE: Wireless Facilities - Adopt
6. INFO ONLY: 2021-2022 Property Insurance Renewal Chris Hills
Committee of the Whole Committee of the Whole - July 27, 2021
Regular Meeting
7. 2021 Second Quarter Fee In Lieu Funds - Authorize Terry Jungman
8. Allocation Recommendations: Third Round of Community Dinah Wilson
Development Block Grant Coronavirus Funds - Authorize
9. INFO ONLY: Performance Measures Michael Mage
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
SUMMARY:
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Community Partnerships
SUMMARY: Tsai-En Cheng is the Dean of Branch Locations, Academic and Program
Development at Green River College, which oversees the work of the Small
Business Development Center and the Director of Continuing and Corporate
Education.
Cheng is presenting the Council with informat
employers and community groups in Kent that support economic development.
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OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Correct Length of Appointment for Members on Appointive
Commissions - Approve
MOTION: I move to approve correcting the length of appointment for
the presentation before Council at its July 27, 2021, Committee of the
Whole meeting to correct previous mathematical errors and ratify all acts
consistent with this motion and prior to its passage.
SUMMARY:
f term limits
applied retroactively, it appears a number of members were appointed to terms
both longer and shorter in length than the actual term available.
In order to help insure term limits are applied as accurately as possible according to
s available records, staff recommends Council correct the length of
appointments, listed below are the corrections staff recommends be made,
organized by commission. Additiona
current terms expire, whether they are eligible for reappointment, or if term limits
prevent them from serving an additional term.
Department Directors have been provided with this information, and these
commission members have been or will be advised of the corrections made to their
terms, their eligibility for reappointment, or any impact term limits may have on
their future reappointment.
Arts Commission:
Christy Caravaglio - Appointed on 10/17/2017 to serve a 4-year term expiring
10/31/201. However, a 4-year term actually expires on 10/16/2021.
o Action - Correct dates of appointment to begin on 10/17/2017 and expire on
10/16/2021.
Sandi Westman - Appointed on 3/20/2018 to serve a 4-year term expiring on
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10/31/2021. However, a 4-year term actually expires on 3/19/2022.
o Action - Correct dates of appointment to begin on 3/20/2018 and expire on
3/19/2022.
Bayard DuBois - Appointed on 11/16/2019 to serve a 4-year term expiring on
10/31/2023. However, a 4-year term actually expires 11/15/2023.
o Action - Correct dates of appointment to begin on 11/16/2019 and expire on
11/15/2023.
Tonya Goodwillie - Appointed on 10/17/2017 to serve a 4-year term expiring
10/31/2021. However, a 4-year term actually expires 10/16/2021.
o Action - Correct dates of appointment to begin on 10/17/2017 and expire on
10/16/2021.
Susan Machler - Appointed on 10/17/2017 to serve a 4-year term expiring
10/31/2021. However, a 4-year term actually expires 10/16/2021.
o Action - Correct dates of appointment to begin on 10/17/2017 and expire on
10/16/2021.
Linda Mackintosh - Appointed on 10/17/2017 to serve a 4-year term expiring
10/31/2021. However, a 4-year term actually expires 10/16/2021.
o Action - Correct dates of appointment to begin on 10/17/2017 and expire on
10/16/2021.
Hal O'Brien - Appointed on 10/17/2017 to serve a 4-year term expiring
10/31/2021. However, a 4-year term actually expires on 10/16/2021.
o Action - Correct dates of appointment to begin on 10/17/2017 and expire on
10/16/2021.
Suzanne Smith - Appointed on 10/17/2017 to serve a 4-year term expiring
10/31/2021. However, a 4-year term actually expires 10/16/2021.
o Action - Correct dates of appointment to begin on 10/17/2017 and expire on
10/16/2021.
Campbell Kristenson - Appointed on 2/5/2019 to serve a 4-year term expiring
10/31/2022. However, a 4-year term actually expires on expires 2/4/2023.
o Action - Correct dates of appointment to begin on 2/5/2019 and expire on
2/4/2023.
Colleen Maloney* - Appointed on 2/7/2017 to serve a 4-year term expiring
10/31/2021. However, a 4-year term actually expires on 2/6/2021.
o Action - Correct dates of appointment to begin on 2/7/2017 and expire on
2/6/2021.
Human Services Commission:
Zenovia Harris - Appointed on 4/5/2016 to serve an initial 3-year term expiring
1/1/2019. However, that 3-year term should have expired on 4/4/2019 (3 years
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from 4/5/2016). Then, her second full term appointment should have commenced
on 4/5/2019 (instead of 2/5/2019) and expired on 4/4/2022 (instead of
12/31/2022).
o Action - Correct dates of appointment for her first term to begin on 4/5/2016
and expire on 4/4/2019.
o Action - Correct dates of appointment for her second term to begin on
4/5/2019 and expire on 4/4/2022.
Gina Bellisario - Appointed on 2/5/2019 to serve a 3-year term expiring
12/31/2022. However, a 3-year term actually expires on 2/4/2022.
o Action - Correct dates of appointment to begin on 2/5/2019 and expire on
2/4/2022.
Dr. Rev. Joyce Parry-Moore - Appointed on 2/4/2020 to serve a 3-year term
expiring 12/31/2022. However, a 3-year term actually expires on 2/3/2023.
o Action - Correct dates of appointment to begin on 2/4/2020 and expire on
2/3/2023.
Bill Hallerman* - Appointed on 2/7/2017 to serve a 3-year term expiring
12/31/2019. However, a 3-year term actually expired 2/6/2020.
o Action - Correct dates of appointment to begin on 2/7/2017 and expire on
2/6/2020.
Selamavit Demssie - Appointed on 2/5/2019 to serve a 3-year term expiring
12/31/2022. However, a 3-year term actually expires 2/4/2022.
o Action - Correct dates of appointment to begin on 2/5/2019 and expire on
2/4/2022.
Lodging Tax Advisory Committee:
David Kwok - Appointed on 10/1/2019 to serve a 3-year term expiring 7/31/2022.
However, a 3-year term actually expires on 9/30/2022.
o Action - Correct dates of appointment to begin on 10/1/2019 and expire on
9/30/2022.
Andrew Hutchison - Appointed on 1/15/2019 to serve a 3-year term expiring
12/31/2021. However, a 3-year term actually expires on 1/14/2022.
o Action - Correct dates of appointment to begin on 1/15/2019 and expire on
1/14/2022.
Tim Higgins - Appointed on 10/1/2019 to serve a 3-year term expiring 9/5/2022.
However, a 3-year term actually expires on 9/30/2022.
o Action - Correct dates of appointment to begin on 10/1/2019 and expire on
9/30/2022.
John Casey - Appointed on 10/1/2019 to serve a 3-year term expiring 7/31/2022.
However, a 3-year term actually expires on 9/30/2022.
o Action - Correct dates of appointment to begin on 10/1/2019 and expire on
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9/30/2022.
______________________________
* Member also requires ratification of appointment to a subsequent term due to
continued service without formal appointment and confirmation (addressed through
the next item on the Committee of the Whole agenda on this same night-
7/27/2021).
EXHIBITS: Spreadsheet identifying corrections needed to appointive terms
(highlighted in turquoise), and term limit calculations for each commission member.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Term Limits Calculation and Corrections Needed (PDF)
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No Action Required
=
No Fill
11/15/2023
10/31/2023
3/20/2018 - 3/19/20223/20/2018 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 3/19/202210/8/2012 - 10/31/201511/1/2015 - 10/31/2019 (continued
service, but no formal appointment/confirmation)11/1/2019 - (continued service, but no formal appointment/confirmation)Council ratification of 4-year appointment for 11/1/2015-10/31/2019Council
ratification of 4-year appointment for 11/1/2019-10/31/20237/6/2007 - 10/31/20079/18/2007 - 10/31/201111/1/2011 - 11/15/201511/3/2015 - 10/31/201911/16/2019 - 11/16/2019 appointment
was noted as 4 years, expiring 10/31/2023, but 4 years actually expires 11/15/20235/17/2011 - 10/31/2012
1121
Correction needed:Correction needed:Correction needed:
Eligible to serve a 2nd full term (of 4 years)1st full term appointmentEligible to serve a 2nd full term (of 4 years)Initial appointment of unexpired term1st full term appointment2nd
full term appointmentIneligible to serve again (absent 2-year break or lack of qualified Initial appiontment of unexpired term1st full term appointment2nd full term appointment2rd full
term appointment4th full term appointment Initial appointment of unexpired term
10/16/202110/16/2021
10/16/2007 - 10/31/200910/6/2009 - 10/31/2013 10/15/2013 - 10/31/201710/17/2017 - 10/17/2017 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 10/16/20215/23/2007
- 10/31/200910/6/2009 - 10/31/201310/15/2013 - 10/31/201710/17/2017 - 10/17/2017 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 10/16/202110/17/2017
- 10/16/202110/17/2017 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 10/16/20211/3/2012 - 10/31/2013
111
Correction needed:Correction needed:Correction needed:
Eligible to serve a 2nd full term (of 4 years)Initial appointment of unexpired term1st full term appointment2nd full term appointment3rd full term appointmentIneligible to serve again
(absent 2-year break or lack of qualified Initial appointment to unexpired term1st full term appointment2nd full term appointment 3rd full term appointment Ineligible to serve again
(absent 2-year break or lack of qualified 1st full term appointmentEligible to serve a 2nd full term (of 4 years)Initial appointment to unexpired term
(4 year term starts anew upon promotion automatically)
2/6/2025
(does not count toward term limits)
2/5/2019
6/4/2021 - 6/3/20252/5/2019 - 2/4/20232/5/2019 appointment was noted as 4 years, expiring 10/31/2022, but 4 years actually expires 2/4/20232/7/2017 - 2/6/20212/7/2021 - 2/7/2017 appointment
was noted as 4 years, expiring 10/31/2021, but 4 years actually expired on 2/6/2021Council ratification of 4-year appointment for 2/7/2021 - 2/6/2025Until 10/31/2022
112
Correction needed:Correction needed:
Appointed as "alternate"1st full term appointmentEligible to serve a 2nd full term (of 4 years)1st full term appiontmentEligible to serve a 2nd full term (of 4 years)1st full term appointment2nd
full term appointmentIneligible to serve again (absent 2-year break or lack of qualified Unexpired Term
14 Filled (8 impacted by term limits - 4 in 2021 (10/16/2021); 3 in 2023 (2 on 10/31/2023 and 1 on 11/15/2023) and 1 in 2025 (2/6/2025))
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
3/31/2022
3/31/2022
3/20/2018 - 3/31/20204/21/2020 - 7/16/2019 - 3/31/20214/21/2020 - 3/31/20222/4/2020 - 3/31/20204/1/2020 - 3/31/20224/20/2021 - 3/31/20232015 - 3/31/2020 (5 years)4/21/2020-
applicants)1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment of unexpired term1st full
term appointmentEligible to serve a 2nd full term (of 3 years)Initial appointment of unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term
appointmentEligible to serve a 2nd full term (of 3 years)Prior ServiceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)
7/16/2019 - 3/31/20214/1/2021 - 3/31/20234/20/2021 - 3/31/20229/17/2019 - 3/31/20214/20/2021 - 3/31/2023
(now of 3 years each)
2 full terms
Initial appointment of unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)Initial appointment of unexpired termEligible to serve Initial appointment
of unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)
11 Filled (4 impacted by term limits - 0 in 2021; 3 in 2022 (3/31/2022); 1 in 2023 (3/31/2023))
No Action Required
=
No Fill
4/30/2026
8/21/1990 - 5/31/19965/21/1996 - 5/31/20025/21/2002 - 5/31/20084/1/2008 - 4/30/20145/6/2014 - 4/30/20204/21/2020 - 3/18/2014 - 4/30/20185/1/2018 - 4/30/2024
(of 6 years)
full terms
Ineligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment to unexpired term1st full term appointment2nd full term appointment3rd full term appointment4th
full term appointment5th full term appointmentIneligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment of unexpired term1st full term appointmentEligible
to serve 1
3 Filled (2 impacted by term limits - 1 in 2022 (4/30/2022); 1 in 2026 (4/30/2026))
No Fill
* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment
on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of
8/1/2021 - 7/31/2022)
7/21/2020 - 7/31/20217/19/2016 - 7/31/20178/15/2017 - 7/31/20187/17/2018-7/31/20197/16/2019-7/31/20207/21/2020 - 7/31/20217/19/2016 - 7/31/20178/15/2017-7/31/20187/174/2018-7/31/20197/16/2019-7/31/20
207/21/2020 - 7/31/202111/20/2018 - 7/15/20197/16/2019 - 7/31/20207/21/2020 - 7/31/202111/20/2018 - 7/15/20197/16/2019 - 7/31/20207/21/2020 - 7/31/2021
Eligible to serve a 6th full term (1 year only, since appiontment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible
to serve a 6th full term (1 year only, since appiontment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible to
serve a 6th full term (1 year only, since appiontment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Initial term
was less than full term avail.Eligible to serve a 3rd full term (1 year only, since appointment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which
expanded term to 2 years). Then can serve 2 full terms of 2 years each. Initial term was less than full term avail.
* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment
on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)
(would not count toward term limits)
9/20/2016
7/19/2016 - 7/31/20178/15/2017 - 7/31/20187/17/2018 - 7/31/20197/16/2019 - 7/31/20207/21/2020 - 7/31/20219/20/16 - 9/30/20178/15/2017 - 7/31/20187/17/2018 - 7/31/20197/16/2019 - 7/31/20207/21/2020
- 7/31/20218/15/2017 - 7/31/20187/17/2018 - 7/31/20197/16/2019 - 7/31/20207/21/2020 - 7/31/20218/15/2017 - 7/31/2018
Eligible to serve a 3rd 1-year term (8/1/2021 - 7/31/2022) and 2 additional 2-year terms (under 2-year term created by Eligible to serve a 6th full term (1 year only, since appiontment
will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible to serve a 6th full term (1 year only, since appiontment will
be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible to serve 1 additional 1-year term (since appointment will be effective
8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years) and 1 additional 2-year term (after Ordinance No. 4406 takes effect)
15 Filled (if all continuously reappointed, term limits arise beginning in 2022 - 6 in 2022 (7/31/2022); 2 in 2024 (7/31/2024); and 7 in 2026 (7/31/2026))
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
12/31/2021
2/6/1981 - 12/31/2019 (38 years)1/1/2020 - 9/1/2019 - 12/31/20201/1/2020 - 12/31/2021
applicants)Prior serviceMost recent term Ineligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment to unexpired term1st full term appointmentEligible
to serve 1 full term of 2 years
3 Filled (2 impacted by term limits - 1 in 2021 (12/31/2021); 1 in 2022 (12/31/2022))
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
7/1/2021 - 6/30/2023
applicants)1st full term appointmentEligible to serve 1 additional term of 2 years
2 Filled (1 impacted by term limits in 2022 (6/30/2022))
4/4/20222/4/2022
1/1/2020 - 12/31/20224/5/2016 - 4/4/20194/5/2019 - 4/5/2016 appointment was noted as 3 years, expiring 1/1/2019, but 3 years actually expired 4/4/20192/5/2019 appointment was noted as
3 years, expiring 12/31/2022, but based on prior appointment, 3-year term should be from 4/5/2019 - 4/4/20222011 - 1/1/2019 (8 years)2/5/2019 - 2/5/2019 appointment was noted as 3 years,
expiring 12/31/2022, but 3 years actually expires 2/4/20222/4/2020 - 2/3/20232/4/2020 appointment was noted as 3 years, expiring 12/31/2022, but 3 years actually expires 2/3/2023
1211
Correction needed:Correction needed:Correction needed:
1st full term appointmentEligible to serve a 2nd full term (of 4 years once Ordinance No. 4406 takes effect 8/5/2021)1st full term appointment2nd full term appointmentIneligible to serve
again (absent 2-year break or lack of qualified applicants)Prior serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)1st full term
appointmentEligible to serve a 2nd full term (of 4 years
2/5/2019 appointment was noted as 3 years, expiring 12/31/2022, but 3 years actually expires 2/4/2022
1
Correction needed:
Eligible to serve a 2nd full term (of 4 years once Ordinance No. 4406 takes effect 8/5/2021)
10 Positions (3 impacted by term limits - 2 in 2022 (2/4/2022 and 4/4/2022) and 1 in 2023 (2/6/2023))
No Action Required
=
No Fill
12/31/2021
7/18/2017 - 12/31/20181/1/2019 - 12/31/2021Council ratification of 3-year appointment for 1/1/2019-12/31/20212/4/2014 - 12/31/20161/1/2017 - 12/31/20191/1/2020 - 1/1/2020 - 12/31/20221/1/2020
- 12/31/2022
1
Correction needed:
Ineligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment to unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st
full term appointment2nd full term appointment3rd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified applicants)1st full term appointmentEligible
to serve a 2nd full term (of 3 years)1st full term appointmentEligible to serve a 2nd full term (of 3 years)
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
1/14/20229/30/20229/30/2022
7/31/2022, but 3 years actually expires 9/30/202212/11/2007 - 1/14/2019 (11 years)1/15/2019 - 1/15/2019 appointment was noted as 3 years, expiring 12/31/2021, but 3 years actually expires
1/14/20229/5/2013 - 9/30/2019 (6 years)10/1/2019 - 10/1/2019 appointment was noted as 3 years, expiring 9/5/2022, but 3 years actually expires 9/30/20229/17/2013 - 9/30/2019 (6 years)10/1/2019
- 10/1/2019 appointment was noted as 3 years, expiring 7/31/2022, but 3 years actually expires 9/30/2022
1111
Correction needed:Correction needed:Correction needed:Correction needed:
Ineligible to serve again (absent 2-year break or lack of qualified applicants)Prior serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)Prior
serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)Prior serviceMost recent term
5 Filled (4 impacted by term limits - 4 in 2022 (1 on 1/14/2022; 3 on 9/30/2022))
No Action Required
=
No Fill
12/31/202212/31/2022
5/5/2020 - 5/4/20231/17/2017 - 12/31/20191/1/2020 - 10/16/2018 - 10/15/20211/17/2017 - 1/16/20201/7/2020 - 10/16/2018 - 10/15/20213/3/2020 - 3/2/2023
1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified
applicants)1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or
lack of qualified applicants)1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term appointmentEligible to serve a 2nd full term (of 3 years)
2/16/2021 - 2/15/2024
1st full term appointmentEligible to serve a 2nd full term (of 4 years)
11 Filled (2 impacted by term limits on 12/31/2022)
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
8/31/2023
8/31/2022
5/21/2019 - 8/31/20219/4/2007 - 8/6/2018 (11 years)8/7/2018 - 3/15/2016 - 3/15/202011/19/2019 - 5/19/2020 - 8/31/2023
Initial appointment to unexpired termEligible to serve 2 full terms (of 3 years each)Prior serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified
1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified Initial appointment to unexpired termEligible to serve 2 full terms
(of 3 years each)
5 Filled (3 impacted by term limits - 1 on 8/31/2022; 1 on 8/31/2023; and 1 on 8/31/2024)
5/5
OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Ratify Reappointments of Members to Appointive
Commissions Authorize
MOTION: I move to ratify the reappointment and confirmation of members
presentation before Council at its July 27, 2021, Committee of the Whole
meeting and ratify all acts consistent with this motion and prior to its
passage.
SUMMARY:
applied retroactively, it appears as though a number of members have continued to
serve on appointive commissions without having been formally re-appointed and
confirmed.
In order to help insure term limits are applied as accurately as possible according to
ff recommends Council ratify and confirm the
informal reappointments based on continued service, which will formalize the terms
to which members are each appointed and allow proper calculation of how their
service will be impacted by term limits. Based on
reappointments staff recommends Council ratify and confirm, organized by
commission and its members, which identifies when those memb
expire, whether they are eligible for reappointment after their current term ends, or
if term limits will prevent them from serving an additional term.
Arts Commission:
Dan Cox - Appointed on 10/2/2012 to fill a vacancy for the remainder of the
-through 10/31/2015. After researching council agendas
and minutes, the City Clerk was unable to locate any subsequent reappointments of
Dan Cox to the Arts Commission, though it appears they served uninterrupted since
10/2/2012.
o Action - Ratify reappointment and confirmation of Dan Cox to the Arts
Commission:
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5/5
· For a first full term, commencing 11/1/2015 and ending 10/31/2019,
and
· For a second full term, commencing 11/1/2019 and ending
10/31/2023.
Gerard Philpotts - Appointed on 4/19/2016 to fill a vacancy for the remainder of the
-through October 31, 2019. After researching council
agendas and minutes, the City Clerk was unable to locate any subsequent
reappointments of Gerard Philpotts to the Arts Commission, though it appears they
served uninterrupted since 4/19/2016.
o Action - Ratify reappointment and confirmation of Gerard Philpotts to the Arts
Commission for a first full term from commencing 11/1/2019 and ending
10/31/2023.
Colleen Maloney* - Appointed on 2/7/2017 to fill her first full term appointment
through 2/6/2021. After researching council agendas and minutes, the City Clerk
was unable to locate any subsequent reappointments of Colleen Maloney to the Arts
Commission, though it appears they served uninterrupted since 2/7/2017.
o Action - Ratify reappointment and confirmation of Colleen Maloney to the
Arts Commission for a second full term commencing 2/7/2021 - 2/6/2025.
Cultural Communities Board:
Padiet Thoa - Appointed on 3/17/2020 to fill her first full term appointment through
3/17/2021. After researching council agendas and minutes, the City Clerk was
unable to locate any subsequent reappointments of Padiet Thoa to the Cultural
Communities Board, though it appears they served uninterrupted since 3/17/2020.
o Action - Ratify reappointment and confirmation of Padiet Thoa to the Cultural
Communities Board for a second full term commencing 3/18/2021 and
ending 3/17/2022.
Human Services Commission:
Bill Hallerman* - Appointed on 2/7/2017 to serve a third full term appointment
through 2/6/2020. After researching council agendas and minutes, the City Clerk
was unable to locate any subsequent reappointments of Bill Hallerman to the
Human Services Commission, though it appears they served uninterrupted since
12/14/2010.
o Action - Ratify reappointment and confirmation of Bill Hallerman to the
Human Services Commission for a fourth full term appointment commencing
2/7/2020 and ending 2/6/2023.
Land Use and Planning Board:
Qbdlfu!Qh/!3:
5/5
Ali Shasti - Appointed on 2/7/2017 to serve an initial full term commencing on
12/12/2017 and ending on 12/31/2020. After researching council agendas and
minutes, the City Clerk was unable to locate any subsequent reappointments of Ali
Shasti to the Land Use and Planning Board, though it appears they served
uninterrupted since 2/7/2017.
o Action - Ratify reappointment and confirmation of Ali Shasti to the Land Use
and Planning Board for a second full term appointment commencing
1/1/2021 and ending 12/31/2023.
Shane Amodei - Appointed on 7/18/2017 to fill a vacancy for the remainder of the
-through 12/31/2018. After researching council agendas
and minutes, the City Clerk was unable to locate any subsequent reappointments of
Shane Amodei to the Land Use and Planning Board, though it appears they served
uninterrupted since 7/18/2017.
o Action - Ratify reappointment and confirmation of Shane Amodei to the Land
Use and Planning Board for an initial full term appointment commencing
1/1/2019 and ending 12/31/2021.
_________________________________
* Member also requires correction to the length of their term (addressed through
the previous item on the Committee of the Whole agenda on this same night-
7/27/2021).
EXHIBITS: Spreadsheet identifying reappointments for which ratification is sought
(highlighted in green), and term limit calculations for each commission member.
BUDGET IMPACT: None.
ATTACHMENTS:
1. Term Limits Calculation and Corrections Needed (PDF)
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No Action Required
=
No Fill
11/15/2023
10/31/2023
3/20/2018 - 3/19/20223/20/2018 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 3/19/202210/8/2012 - 10/31/201511/1/2015 - 10/31/2019 (continued
service, but no formal appointment/confirmation)11/1/2019 - (continued service, but no formal appointment/confirmation)Council ratification of 4-year appointment for 11/1/2015-10/31/2019Council
ratification of 4-year appointment for 11/1/2019-10/31/20237/6/2007 - 10/31/20079/18/2007 - 10/31/201111/1/2011 - 11/15/201511/3/2015 - 10/31/201911/16/2019 - 11/16/2019 appointment
was noted as 4 years, expiring 10/31/2023, but 4 years actually expires 11/15/20235/17/2011 - 10/31/2012
1121
Correction needed:Correction needed:Correction needed:
Eligible to serve a 2nd full term (of 4 years)1st full term appointmentEligible to serve a 2nd full term (of 4 years)Initial appointment of unexpired term1st full term appointment2nd
full term appointmentIneligible to serve again (absent 2-year break or lack of qualified Initial appiontment of unexpired term1st full term appointment2nd full term appointment2rd full
term appointment4th full term appointment Initial appointment of unexpired term
10/16/202110/16/2021
10/16/2007 - 10/31/200910/6/2009 - 10/31/2013 10/15/2013 - 10/31/201710/17/2017 - 10/17/2017 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 10/16/20215/23/2007
- 10/31/200910/6/2009 - 10/31/201310/15/2013 - 10/31/201710/17/2017 - 10/17/2017 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 10/16/202110/17/2017
- 10/16/202110/17/2017 appointment was noted as 4 years, expiring 10/31/2021, but 4 years actually expires 10/16/20211/3/2012 - 10/31/2013
111
Correction needed:Correction needed:Correction needed:
Eligible to serve a 2nd full term (of 4 years)Initial appointment of unexpired term1st full term appointment2nd full term appointment3rd full term appointmentIneligible to serve again
(absent 2-year break or lack of qualified Initial appointment to unexpired term1st full term appointment2nd full term appointment 3rd full term appointment Ineligible to serve again
(absent 2-year break or lack of qualified 1st full term appointmentEligible to serve a 2nd full term (of 4 years)Initial appointment to unexpired term
(4 year term starts anew upon promotion automatically)
2/6/2025
(does not count toward term limits)
2/5/2019
6/4/2021 - 6/3/20252/5/2019 - 2/4/20232/5/2019 appointment was noted as 4 years, expiring 10/31/2022, but 4 years actually expires 2/4/20232/7/2017 - 2/6/20212/7/2021 - 2/7/2017 appointment
was noted as 4 years, expiring 10/31/2021, but 4 years actually expired on 2/6/2021Council ratification of 4-year appointment for 2/7/2021 - 2/6/2025Until 10/31/2022
112
Correction needed:Correction needed:
Appointed as "alternate"1st full term appointmentEligible to serve a 2nd full term (of 4 years)1st full term appiontmentEligible to serve a 2nd full term (of 4 years)1st full term appointment2nd
full term appointmentIneligible to serve again (absent 2-year break or lack of qualified Unexpired Term
14 Filled (8 impacted by term limits - 4 in 2021 (10/16/2021); 3 in 2023 (2 on 10/31/2023 and 1 on 11/15/2023) and 1 in 2025 (2/6/2025))
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
3/31/2022
3/31/2022
3/20/2018 - 3/31/20204/21/2020 - 7/16/2019 - 3/31/20214/21/2020 - 3/31/20222/4/2020 - 3/31/20204/1/2020 - 3/31/20224/20/2021 - 3/31/20232015 - 3/31/2020 (5 years)4/21/2020-
applicants)1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment of unexpired term1st full
term appointmentEligible to serve a 2nd full term (of 3 years)Initial appointment of unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term
appointmentEligible to serve a 2nd full term (of 3 years)Prior ServiceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)
7/16/2019 - 3/31/20214/1/2021 - 3/31/20234/20/2021 - 3/31/20229/17/2019 - 3/31/20214/20/2021 - 3/31/2023
(now of 3 years each)
2 full terms
Initial appointment of unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)Initial appointment of unexpired termEligible to serve Initial appointment
of unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)
11 Filled (4 impacted by term limits - 0 in 2021; 3 in 2022 (3/31/2022); 1 in 2023 (3/31/2023))
No Action Required
=
No Fill
4/30/2026
8/21/1990 - 5/31/19965/21/1996 - 5/31/20025/21/2002 - 5/31/20084/1/2008 - 4/30/20145/6/2014 - 4/30/20204/21/2020 - 3/18/2014 - 4/30/20185/1/2018 - 4/30/2024
(of 6 years)
full terms
Ineligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment to unexpired term1st full term appointment2nd full term appointment3rd full term appointment4th
full term appointment5th full term appointmentIneligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment of unexpired term1st full term appointmentEligible
to serve 1
3 Filled (2 impacted by term limits - 1 in 2022 (4/30/2022); 1 in 2026 (4/30/2026))
No Fill
* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment
on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of
8/1/2021 - 7/31/2022)
7/21/2020 - 7/31/20217/19/2016 - 7/31/20178/15/2017 - 7/31/20187/17/2018-7/31/20197/16/2019-7/31/20207/21/2020 - 7/31/20217/19/2016 - 7/31/20178/15/2017-7/31/20187/174/2018-7/31/20197/16/2019-7/31/20
207/21/2020 - 7/31/202111/20/2018 - 7/15/20197/16/2019 - 7/31/20207/21/2020 - 7/31/202111/20/2018 - 7/15/20197/16/2019 - 7/31/20207/21/2020 - 7/31/2021
Eligible to serve a 6th full term (1 year only, since appiontment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible
to serve a 6th full term (1 year only, since appiontment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible to
serve a 6th full term (1 year only, since appiontment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Initial term
was less than full term avail.Eligible to serve a 3rd full term (1 year only, since appointment will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which
expanded term to 2 years). Then can serve 2 full terms of 2 years each. Initial term was less than full term avail.
* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)* Uri will seek reappointment
on 8/3/2021 (retro term of 8/1/2021 - 7/31/2022)
(would not count toward term limits)
9/20/2016
7/19/2016 - 7/31/20178/15/2017 - 7/31/20187/17/2018 - 7/31/20197/16/2019 - 7/31/20207/21/2020 - 7/31/20219/20/16 - 9/30/20178/15/2017 - 7/31/20187/17/2018 - 7/31/20197/16/2019 - 7/31/20207/21/2020
- 7/31/20218/15/2017 - 7/31/20187/17/2018 - 7/31/20197/16/2019 - 7/31/20207/21/2020 - 7/31/20218/15/2017 - 7/31/2018
Eligible to serve a 3rd 1-year term (8/1/2021 - 7/31/2022) and 2 additional 2-year terms (under 2-year term created by Eligible to serve a 6th full term (1 year only, since appiontment
will be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible to serve a 6th full term (1 year only, since appiontment will
be effective 8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years)Eligible to serve 1 additional 1-year term (since appointment will be effective
8/1/2021 and before Ordinance No. 4406 takes effect on 8/5/2021, which expanded term to 2 years) and 1 additional 2-year term (after Ordinance No. 4406 takes effect)
15 Filled (if all continuously reappointed, term limits arise beginning in 2022 - 6 in 2022 (7/31/2022); 2 in 2024 (7/31/2024); and 7 in 2026 (7/31/2026))
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
12/31/2021
2/6/1981 - 12/31/2019 (38 years)1/1/2020 - 9/1/2019 - 12/31/20201/1/2020 - 12/31/2021
applicants)Prior serviceMost recent term Ineligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment to unexpired term1st full term appointmentEligible
to serve 1 full term of 2 years
3 Filled (2 impacted by term limits - 1 in 2021 (12/31/2021); 1 in 2022 (12/31/2022))
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
7/1/2021 - 6/30/2023
applicants)1st full term appointmentEligible to serve 1 additional term of 2 years
2 Filled (1 impacted by term limits in 2022 (6/30/2022))
4/4/20222/4/2022
1/1/2020 - 12/31/20224/5/2016 - 4/4/20194/5/2019 - 4/5/2016 appointment was noted as 3 years, expiring 1/1/2019, but 3 years actually expired 4/4/20192/5/2019 appointment was noted as
3 years, expiring 12/31/2022, but based on prior appointment, 3-year term should be from 4/5/2019 - 4/4/20222011 - 1/1/2019 (8 years)2/5/2019 - 2/5/2019 appointment was noted as 3 years,
expiring 12/31/2022, but 3 years actually expires 2/4/20222/4/2020 - 2/3/20232/4/2020 appointment was noted as 3 years, expiring 12/31/2022, but 3 years actually expires 2/3/2023
1211
Correction needed:Correction needed:Correction needed:
1st full term appointmentEligible to serve a 2nd full term (of 4 years once Ordinance No. 4406 takes effect 8/5/2021)1st full term appointment2nd full term appointmentIneligible to serve
again (absent 2-year break or lack of qualified applicants)Prior serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)1st full term
appointmentEligible to serve a 2nd full term (of 4 years
2/5/2019 appointment was noted as 3 years, expiring 12/31/2022, but 3 years actually expires 2/4/2022
1
Correction needed:
Eligible to serve a 2nd full term (of 4 years once Ordinance No. 4406 takes effect 8/5/2021)
10 Positions (3 impacted by term limits - 2 in 2022 (2/4/2022 and 4/4/2022) and 1 in 2023 (2/6/2023))
No Action Required
=
No Fill
12/31/2021
7/18/2017 - 12/31/20181/1/2019 - 12/31/2021Council ratification of 3-year appointment for 1/1/2019-12/31/20212/4/2014 - 12/31/20161/1/2017 - 12/31/20191/1/2020 - 1/1/2020 - 12/31/20221/1/2020
- 12/31/2022
1
Correction needed:
Ineligible to serve again (absent 2-year break or lack of qualified applicants)Initial appointment to unexpired term1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st
full term appointment2nd full term appointment3rd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified applicants)1st full term appointmentEligible
to serve a 2nd full term (of 3 years)1st full term appointmentEligible to serve a 2nd full term (of 3 years)
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
1/14/20229/30/20229/30/2022
7/31/2022, but 3 years actually expires 9/30/202212/11/2007 - 1/14/2019 (11 years)1/15/2019 - 1/15/2019 appointment was noted as 3 years, expiring 12/31/2021, but 3 years actually expires
1/14/20229/5/2013 - 9/30/2019 (6 years)10/1/2019 - 10/1/2019 appointment was noted as 3 years, expiring 9/5/2022, but 3 years actually expires 9/30/20229/17/2013 - 9/30/2019 (6 years)10/1/2019
- 10/1/2019 appointment was noted as 3 years, expiring 7/31/2022, but 3 years actually expires 9/30/2022
1111
Correction needed:Correction needed:Correction needed:Correction needed:
Ineligible to serve again (absent 2-year break or lack of qualified applicants)Prior serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)Prior
serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified applicants)Prior serviceMost recent term
5 Filled (4 impacted by term limits - 4 in 2022 (1 on 1/14/2022; 3 on 9/30/2022))
No Action Required
=
No Fill
12/31/202212/31/2022
5/5/2020 - 5/4/20231/17/2017 - 12/31/20191/1/2020 - 10/16/2018 - 10/15/20211/17/2017 - 1/16/20201/7/2020 - 10/16/2018 - 10/15/20213/3/2020 - 3/2/2023
1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified
applicants)1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or
lack of qualified applicants)1st full term appointmentEligible to serve a 2nd full term (of 3 years)1st full term appointmentEligible to serve a 2nd full term (of 3 years)
2/16/2021 - 2/15/2024
1st full term appointmentEligible to serve a 2nd full term (of 4 years)
11 Filled (2 impacted by term limits on 12/31/2022)
Additional Terms Eligible for ReappointmentNo Action Required
= =
No Fill
8/31/2023
8/31/2022
5/21/2019 - 8/31/20219/4/2007 - 8/6/2018 (11 years)8/7/2018 - 3/15/2016 - 3/15/202011/19/2019 - 5/19/2020 - 8/31/2023
Initial appointment to unexpired termEligible to serve 2 full terms (of 3 years each)Prior serviceMost recent termIneligible to serve again (absent 2-year break or lack of qualified
1st full term appointment2nd full term appointmentIneligible to serve again (absent 2-year break or lack of qualified Initial appointment to unexpired termEligible to serve 2 full terms
(of 3 years each)
5 Filled (3 impacted by term limits - 1 on 8/31/2022; 1 on 8/31/2023; and 1 on 8/31/2024)
5/6
OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Amending Kent City Code Chapters 6.15, 6.16, and
15.08 RE: Wireless Facilities - Adopt
MOTION: I move to adopt Ordinance No 4409, amending chapter 6.16 of
the Kent City Code to update the design standards for small wireless
facilities, and to update definitions and references within Kent City Code
6.15.050 and 15.08.035 related to wireless facilities.
SUMMARY: City right-of-way supports a variety of telecommunication facilities
installed on utility poles and streetlights. These telecommunication facilities are
primarily governed by federal law and there
regulate these facilities is pre-empted. The City retains the authority to impose
regulations directed to address safety issues and to prevent unsightly and out-of-
character deployments. Design standards must be reasonable, that is, technically
feasible and related to remedying aesthetic harms. The City regulates larger
wireless facilities, such as towers and monopoles, within Zoning Code (KCC
15.08.035). Small wireless facilities, also known as small cells, are governed by
Standards in the Right-of--of-way through
franchise agreements and master license agreements for the deployment of small
wireless facilities is set forth in chapter 6.15 KCC.
As wireless technology and federal law continue to evolve and change, amendments
to these code provisions are necessary to address these changes and to better
facilitate the deployment of this technology. Specifically, this ordinance updates
terminology and definitions to better align with federal law and to reflect the
evolving types of wireless telecommunication facilities (not small cells) being
installed throughout the City. This amendment also clarifies that the small wireless
facilities design standards apply to any light poles within and outside of the right-
of-way (e.g., in parking lots). To limit the visual effects and physical bulk of the
proliferation of wireless facilities on residential areas, the ordinance limits the
installation of small wireless facilities outside of the right-of-way and limits ground-
mounted equipment within the right-of-way, the boundary of which can extend into
front yards. These amendments also limit the height of replacement utility poles
used to install larger wireless facilities in all areas of the City.
Stakeholder Outreach
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5/6
City staff started engaging industry stakeholders early in the drafting process of
this ordinance. Stakeholders submitted comments on the initial draft of the
ordinance in late 2020 and staff incorporated many of these comments. However,
pose safety threats were not incorporated.
On June 14, 2021, staff submitted the ordinance to the Department of Commerce
and sent a copy to the same industry stakeholders for further comment and review
before the public hearing scheduled before the Land Use and Planning Board (LUPB)
on July 12, 2021. Staff did not receive any comments until July 8 and 9-after the
LUPB packet deadline.
LUPB Public Hearing and Recommendation
A public hearing was held on July 12, 2021 before the LUPB. Representatives from
AT&T and Verizon submitted comments in the form of redlined ordinances and also
gave oral testimony. These redlined ordinances are attached as exhibits. City staff
addressed these comments in the staff presentation. Following the public hearing,
the LUPB voted to include one change to the ordinance and did not discuss the
other comments at len
language that small wireless facilities be limited to the right-of-way in residential
areas, AT&T and Verizon asked that exceptions be included. The LUPB considered
these exceptions and recommended that small wireless facilities be allowed outside
of the right-of-way in residential areas in public schools and public parks. No other
After further consideration of the comments submitted by AT&T and Verizon, and
the issues raised by these comments, staff recommends that additional changes be
recommendation and are highlighted in yellow in the attached proposed ordinance.
These recommended changes include: minor updates to ensure that code provisions
are clear; language clarifying that express permission from property owners is
needed to install small wireless facilities in public schools and parks; more specific
regulations for wireless facilities installed on replacement utility poles; allowing the
installation of small wireless facilities on non-owned streetlights without replacing
the pole; and increasing the bulk limits to accommodate larger equipment used by
the industry.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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5/6
ATTACHMENTS:
1. ORDINANCE - Utility Design Standards in the Right-of-Way (PDF)
2. 01 - AT&T Exhibit Cover Page (PDF)
3. 01a - Email from AT&T re Comments (PDF)
4. 01b - AT&T - Examples re Utility Pole Heights (PDF)
5. 01c - AT&T Ordiance with Proposed Changes (PDF)
6. 02 - Verizon Exhibit Cover Page (PDF)
7. 02a - Email from Verizon re Comments (PDF)
8. 02b - Verizon Ordinance with Proposed Changes (PDF)
Qbdlfu!Qh/!63
5/6/b
ORDINANCE 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
telecommunications 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.
1 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
Buubdinfou;!PSEJOBODF!.!Vujmjuz!Eftjho!Tuboebset!jo!uif!Sjhiu.pg.Xbz!!)3895!;!Dpef!Bnfoenfout!up!Lfou!Djuz!Dpef!Dibqufst!7/26-!7/27-!boe
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5/6/b
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.g., 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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, 2021.
H. On May 28, 2021, the City’s SEPA Responsible Official issued
an Addendum to a March 29, 2019 Determination of Non-Significance for
the proposed code amendment.
I. At its regularly-scheduled meeting on July 12, 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
SECTION 1. – Amendment 6.15.050. Section 6.15.050 of the Kent
City Code, entitled “Applications - Contents” is amended as follows:
Sec. 6.15.050. Applications – Contents. The director is authorized
to establish an application form or forms appropriate for public utilities and
3 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
2. 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 cell
equipmentwireless facilities, conduits, fiber, pipelines, and other facilities
appropriate to the specific utility or service providers’ utilization of the right-
of-way. Small cell equipmentwireless facilities 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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11. Such other information as the director determines would be
relevant in considering the application.
SECTION 2. - Amendment. Chapter 6.16 of the Kent City Code
entitled “Utility Design Standards in the Right-Of-Way” is amended as
follows.
Sec. 6.16.010. 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 cell
equipmentwireless facilities, utility poles, and other infrastructure in the
city’s rights-of-way in a manner that minimizes potential incompatibilities
with adjacent uses, addresses traffic safety, limits bulk, and minimizes
aesthetic impacts.
B. The design standards within this chapter shall be considered
concealment features when considering whether a proposed modification is
a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C.
Section 1455(a).
B. The design standards within this chapter shall also apply to small
wireless facilities installed on streetlight standards or other light poles
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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Sec. 6.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise,
master license agreement, or any federal law or federal regulation, it is
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. 6.16.030. 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 cell equipment orwireless facilities that replaces existing city-owned
infrastructure, or other streetlight standards not owned by the city.
C. Director means the city of Kent public works director, or his or her
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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 and 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, any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, way, 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
8 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 cell equipment or wireless facilities means facilities that meet
each of the following conditions:
1. The facilities –
a. Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
b. Are mounted on structuresno more than 10 percent
taller than other adjacent structures; or
c. Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2.Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3.All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
9 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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wireless telecommunications facilities attached, mounted, or installed on a
proprietary or leased pole, excluding monopole towers, that is located in
right-of-way and used to provide personal wireless service.
G. Traffic control signal system means traffic signal poles, mast arms,
luminaires, and associated mast arms, ancillary poles, and related
appurtenances.
H. Utility 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
poles owned by a utility company or other third party located outside of the
right-of-way. An original utility pole is a pole that has not been replaced to
accommodate small cell wireless facilitiesor other wireless facilities, but that
is capable of accommodating small cell wireless facilities or other wireless
facilities. A replacement utility pole means a pole that replaces an original
utility pole to accommodate small cell wireless 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. 6.16.040. General Requirements.
A. All utility polesand light poles, wireless facilities, and small cell
equipment orwireless 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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B. Ground-mounted equipment in the rights-of-way is prohibited, unless
such facilities equipment isare placed underground or is otherwise approved
by the director.
C. Small cell equipment orwireless facilities are not permitted on traffic
control signal systems.
D. Small wireless facilities are not permitted in residential zoning districts
outside of the right-of-way, except in public parks and on public school
campuses, set back 30 feet away from property lines. Small wireless
facilities may only be installed outside of the right-of-way in residential
zoning districts in the locations listed in this subsection with express
permission from the property owner and according to the land use permit
process outlined in KCC 15.04.060 and KCC 15.08.035.
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.
EF. 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 small cell equipmentwireless facilities 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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cable facilities existing within a 150-foot radius of the proposed small cell
equipmentwireless facility or small wireless facility location. The director
may also deny a request for proposed small cell equipmentwireless facilities
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 cell equipmentwireless facilities 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 cell
equipmentwireless facilities becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small cell facilitywireless
facilities, and the small cell facilitywireless facilities, including and all
associated equipment, shall be removed.
GH. Replacement utility poles shall be located as near as possible to the
existing pole, while meeting the current City of Kent Design and Construction
Standards. The abandoned pole must be removed. are subject to the
following requirements.
1. All replacement utility poles (with or without small wireless
facilities or other wireless facilities) shall be located as near as possible to
the existing utility pole, while meeting the current City of Kent Design and
Construction Standards. The abandoned utility pole must promptly be
removed.
2. Proposed replacement utility poles, for the purpose of siting
wireless facilities other than small wireless facilities, shall be no more than
20 feet taller than adjacent utility poles, unless an additional height increase
12 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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is required for vertical separation and such height extension is the minimum
extension possible to provide sufficient separation and/or clearance from
electrical and wireline facilities. The replacement utility pole shall be of
similar shape, color, and material to the original utility pole. Any wireless
facility equipment mounted on a replacement utility pole shall also comply
with the color, mounting, illumination and concealment of wires
requirements set forth in KCC 6.16.050(C)(1)-(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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
LM. 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 mounts and strand mounts for antennas or equipment are
prohibited.
N. The city may consider the cumulative visual effects of small cell
equipmentwireless facilities mounted on poles within the rights-of-way when
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.
14 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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P. No equipment on any utility or combination pole may be operated so
as to produce noise in excess of ambient noise levelsviolation of the
applicable noise standards set forth in chapter 8.05 of the Kent City Code.
Sec. 6.16.050. Small cell equipmentwireless facilities design
standards and aesthetic requirements on utility poles.
A. Locations.
1. Small cell equipmentwireless facilities on utility poles shall be
located in a location that minimizes the appearance of small cell
equipmentwireless facilities from existing adjacent residential structures to
the maximum extent feasible. For example, best efforts shall be used to
avoid locations where small cell equipmentwireless facilities 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 cell
facilitywireless facility.
B. Replacement utility 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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C. Small cell equipmentwireless facilities design. Small cell
equipmentwireless facilities shall comply with the design standards set forth
within this section.
1. Color. Small cell equipmentwireless facilities’ antennas,
conduit, mounting hardware, and equipment cabinets shall be painted a
neutral color to that matches or is similar to the color of the utility pole, or,
at the city’s preference, small cell equipmentwireless facilities 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 cell equipmentwireless facilities shall be mounted
as closely to the utility pole as possibletechnically feasible, and shall not
extend out more than three feet from the pole. Ground-mounted equipment
is prohibited., unless otherwise approved by the director.
3. No illumination. Except as otherwise required by applicable law,
small cell equipmentwireless facilities shall not be illuminated.
4. Concealed wires. Small cell equipment’swireless facilities’
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 cell wireless 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 cell wireless facilities equipment
enclosures shall not exceed 12 15 cubic feet in volume.
b. Multiple antennas are permitted; provided, that the
cumulative total antenna volume shall not exceed 12 15 cubic feet.
c. If, due to technological reasons, the proposed equipment
enclosures do not comply with this subsection, the director may approve
primary small cell wireless facilities equipment enclosures up to 28 cubic
feet in volume following a submission to the director demonstrating that the
proposal includes the smallest small cell equipment enclosure that is
technologically feasible for the specific small cell wireless facility. Similarly,
the director may approve an increase of the cubic feet allowance for
antennas.
6. Stickers. The use of stickers on utility poles should be
minimized to the extent feasible.
Sec. 6.16.060. Small cell equipmentwireless facilities design
standards and aesthetic requirements on city-owned infrastructure
and other streetlight standards.
17 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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A. General considerations.
1. In order to install small cell equipmentwireless facilities on city-
owned infrastructure the existing city-owned pole must be removed and
replaced with a combination pole meeting the requirements of KCC
6.16.040, General requirements, and this section. In order to install small
wireless facilities on other existing streetlight standards not owned by the
city within the right-of-way, the existing pole must either be removed and
replaced with a combination pole meeting the requirements of KCC
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
the right-of-way in non-residential zoning districts need not be replaced with
a combination pole, but shall otherwise comply with the requirements of this
chapter.
2. Three Four stylestypes of combination poles are allowed:
(a) combination pole with a canister or shroudedand/or antennas;
(b) combination pole with equipment shroud; and (c) combination pole with
canister and/or shrouded antennas and equipment shroud; and (d)
combination pole with equipment and antennas within the pole;, as
generally depicted in Exhibit A at the end of this section. Equipment is also
permitted in the base of the pole, so long as the base meets the
requirements within this section 6.16.060.
18 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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B. Requirements for all combination poles.
1. The design of a combination pole shall match be substantially
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
approves the installation of a different style of combination pole..
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 a result, whichever is lessgreater. 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 20 24 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 as
surrounding luminaires.
9. 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 shrouded 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 shroud shall be
colored to match or be similar to the combination pole.
2. Combination pole with equipment shroud.
20 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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/orshrouded antennas and
equipment shroud.
a. This type of combination pole is allowed when various
small cell technologies (e.g., LTE and 5G) provided by a single carrier are
installed on the same pole. The applicant must demonstrate that the
additional technology cannot be integrated into the equipment cabinet or
the canister antenna.
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, or be no more than
16 inches in diameter, whichever is greater. If the antenna cannot be
integrated within a canister or shroud (e.g., 5G antennas), then the
antennas may only be installed near the top of the pole in such a way that
the wiring, cables, and equipment is hidden from view.
21 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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. Combination pole with equipment and antennas within 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 Shrouded Antennas–KCC 6.16.060(C)(1)
22 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Combination Pole with Equipment Shroud – KCC 6.16.060(C)(2)
Combination Pole with Canister and/or Shrouded Antennas and Equipment Shroud – KCC 6.16.060(C)(3)
23 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Combination Pole with Equipment and Antennas within the Pole – KCC 6.16.060(C)(4)
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
impact and with the minimum exterior cabling or wires (other than the
original strand) necessary to meet the technological needs of the facility.
B.Each strand mounted facilityshall not exceed three cubic feet in
volume.
24 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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C. Only one strand mounted facility is permitted per cable between any
two existing utility poles.
D. The strand mounted facility shall be placed as close as possible to the
nearest utility pole, and no further than five feet from the pole, unless a
greater distance is technically necessary or required by the utility pole owner
for safety clearance.
E. Strand mounted facilities may only be located between two utility
poles on a strand that is parallel to the ground and the edge of the right-of-
way.
F. No strand mounted facility may be located in or above the portion of
the roadway open to vehicular traffic.
G. Pole mounted equipment associated with strand mounted devices
shall meet the requirements described in KCC 6.16.050(C).
H. Ground-mounted equipment to accommodate strand mounted
facilities is not permitted, except when placed in pre-existing equipment
cabinets.
Sec. 6.16.070080. 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
the city if any component of the proposed small cell equipment orwireless
facility involves use of city-owned infrastructure.
25 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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SECTION 3. - Amendment. Section 15.08.035 of the Kent City Code
entitled “Wireless telecommunications facilities” is amended as follows:
Sec. 15.08.035 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 map, 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Backhaul 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.
Colocate 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 lattice tower shall not include a replacement utility pole
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
shall not include a replacement utility pole as defined herein.
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, 1997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Replacement utility pole is as defined in KCC 6.16.030.H and subject to the
requirements set forth within KCC 6.16.040.
Small wireless facilities cell equipment means wireless telecommunications
facilities that meet each of the following conditions: attached, mounted, or
installed on a proprietary or leased pole, exclusing monopole towers, that
is located in right-of-way and used to provide personal wireless service.
29 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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1.The facilities -
a. Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
b. Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c. Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2. Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
Telecommunications means the 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 and 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
services.
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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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, 1997, or for
which a valid building permit has been obtained and remains in effect on
July 7, 1997, 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 satellite 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. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
32 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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7. Small wireless facilities cell equipment. Small wireless
facilitiescell 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
such equipment complies with concealment features stipulated in such
agreements
8. Replacement utility poles. Replacement utility poles containing
wireless or small wireless facilities or equipment, as defined in subsection
(B) of this section, subject to a specific agreement with the city, and all
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.
2. Not 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 environment.
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. Measurement. For purposes of measurement, WTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
35 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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12. 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
Mono-Mono-
pole pole
75 feet less
in than
height 75
or feet in
Lattice Guyed greater height
Lattice 5,000 5,000 1,500750
Guyed 5,000 5,000 1,500750
Monopole 75 feet in 1,500 1,500 1,500 750
height or greater
Monopole less than 750 750 750 750
75 feet in height
39 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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,
I1, I2, 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
ii. The antenna complies with all applicable building
codes; and
40 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 requirements. In connection with this
administrative approval, the planning director may, in order to encourage
camouflaging and colocation of WTFs, administratively waive separation
distance requirements between WTFs by up to 50 percent in nonresidential
zones. Additionally, the planning director may, 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.
41 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 conditional 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)(1)(b) of this section in the following districts: MA, I1, I2,
I3, CM, GC, and GWC.
b. Government property, excluding right-of-way. 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
(H)(1)(b) of this section, but only on the condition that the total height of
the attached WTF, including the structure, does not exceed 120 feet, unless
permitted under subsection (I)(1)(a) of this section; however, this
subsection shall not apply in DC, DCE, and NCC districts.
42 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 (G)(8) 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:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and
residential district boundaries;
c. 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
f. 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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J. 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 minor 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 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
August 3, 2021
DANA RALPH, MAYOR Date Approved
ATTEST:
August 3, 2021
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
August 6, 2021
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
48 Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T’S COMMENTS
TO LUPB FOR
JULY 12, 2021 PUBLIC HEARING
Code Amendments to
Kent City Code Chapters 6.15, 6.16, and 15.08
RE: Wireless Facilities
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EXTERNAL EMAIL
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AT&T COMMENTS AND PROPOSED CHANGES
ORDINANCE NO.
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
and city-owned infrastructure and amending
sections 6.15.050 and 15.08.035, to update
definitions related to wireless telecommunications
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.
1Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
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.g., 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
2Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
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 .
H.On , 2021, the City’s SEPA Responsible Official issued a
Determination of Non-Significance for the proposed code amendment.
I.At its regularly-scheduled meeting on , 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,
ON, DOES HEREBY ORDAIN AS FOLLOWS:
WASHINGT
ORDINANCE
SECTION 1. – Amendment 6.15.050. Section 6.15.050 of the Kent
City Code, entitled “Applications - Contents,” is amended as follows:
Sec. 6.15.050. Applications – Contents. The director is authorized
to establish an application form or forms appropriate for public utilities and
3Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
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.
2.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 cell
equipmentwireless facilities, conduits, fiber, pipelines, and other facilities
appropriate to the specific utility or service providers’ utilization of the right-
of-way. Small cell equipmentwireless facilities 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.
4Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
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.
5Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
Buubdinfou;!12d!.!BU'U!Psejbodf!xjui!Qspqptfe!Dibohft!!)3895!;!Dpef!Bnfoenfout!up!Lfou!Djuz!Dpef!Dibqufst!7/26-!7/27-!boe!26/19!SF;
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AT&T COMMENTS AND PROPOSED CHANGES
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11.Such other information as the director determines would be
relevant in considering the application.
dment. Chapter 6.16 of the Kent City Code
SECTION 2. - Amen
entitled “Utility Design Standards in the Right-Of-Way” is amended as
follows.
Sec. 6.16.010. 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 cell
equipmentwireless facilities, utility poles, and other infrastructure in the
city’s rights-of-way in a manner that minimizes potential incompatibilities
with adjacent uses, addresses traffic safety, limits bulk, and minimizes
aesthetic impacts.
B.The design standards within this chapter shall be considered
concealment features when considering whether a proposed modification is
a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C.
Section 1455(a).
B. The design standards within this chapter shall also apply to small wireless
facilities installed on street lightstreetlight standards or other light poles,
such as parking lot light standards, outside of the right-of-way in order to
Suggest clarifying this scope
or adopting a definition of “light pole” that
address these same impacts to traffic andtraffic and pedestrian safety, to limit
includes parking lot light poles. They are
expressly mentioned in the ordinance’s recitals,
bulk and minimize aesthetic impacts.
but not in the proposed text, and they are not
necessarily thought of as a “utility pole.”
6Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Sec. 6.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise,
AT&T’s franchise, Section 30,
allows designs to be permitted under
master license agreement, or any federal law or federal regulation, it is
subsequently adopted code changes.
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. 6.16.030. 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 lightstreetlight
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 that includes both a streetlight
and small cell equipment orwireless facilities that replaces existing city-
owned infrastructure, or other streetlight standards not owned by the city.
C.Director means the city of Kent public works director, or his or her
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
authorized by ordinance and must be accepted by the franchisee to become
effective. A franchise shall not include or be a substitute for:
7Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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1.Any other permit or authorization required for the privilege of
transacting and 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, any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, way, 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
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.
8Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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F.Small cell equipment orwireless facilities means facilities that meet
each of the following conditions:
1.The facilities -
a.Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
b.Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c.Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2.Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3.All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
wireless telecommunications facilities attached, mounted, or installed on a
proprietary or leased pole, excluding monopole towers, that is located in
right-of-way and used to provide personal wireless service.
G.Traffic control signal system means traffic signal poles, mast arms,
luminaires, and associated mast arms, ancillary poles, and related
appurtenances.
H.Utility 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
Suggest clarifying this scope
or adopting a definition of “light pole” that
poles owned by a utility company or other third party located outside of the
includes parking lot light poles. They are
expressly mentioned in the ordinance’s recitals,
right-of-way, including parking lot light standards.Anoriginal utility pole is
but not in the proposed text, and they are not
necessarily thought of as a “utility pole.”
9Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
a pole that has not been replaced to
10Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
Buubdinfou;!12d!.!BU'U!Psejbodf!xjui!Qspqptfe!Dibohft!!)3895!;!Dpef!Bnfoenfout!up!Lfou!Djuz!Dpef!Dibqufst!7/26-!7/27-!boe!26/19!SF;
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accommodate small cell wireless facilities or other wireless facilities, but that
is capable of accommodating small cell wireless facilities or other wireless
facilities. A replacement utility pole means a pole that replaces an original
utility pole to accommodate small cell wireless facilities or other wireless
facilitiesand 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. 6.16.040. General Requirements.
A.All utility polesand light poles, wireless facilities, and small cell
equipment orwireless 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.
B.Ground-mounted equipment in the rights-of-way is prohibited, unless
such facilities equipment isare placed underground or is otherwise approved
by the director..
C.Small cell equipment orwireless facilities are not permitted on traffic
control signal systems.
D.Small wireless facilities are not permitted in single-family residential
Suggest allowing SWF on
nonresidential and MF parcels. School
zoning districtsoutside of the right-of-way, except in public parks, on
campuses (such as a community college
campus) are a fairly typical sites for
school campuses, and on lots serving multifamily or nonresidential uses.
deployment.
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
11Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
EF. 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 small cell equipmentwireless facilities where the proposed location
is deemed inappropriate due to the extent of existing aboveground wireless
telecommunications or other electrical or cable facilities existing within a
150-foot radius of the proposed small cell equipment location. The director
may also deny a request for proposed small cell equipmentwireless facilities
on a utility pole already containing more than one electrical transformer.
FG. The use of any city-owned infrastructure, other streetlight standard,
This issue is customarily
addressed in the franchise agreement. See
or utility pole for the siting of small cell equipmentwireless facilities within
Section 5 of AT&T’s franchise agreement and
Section 20 of AT&T’s master license agreement.
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 cell
equipmentwireless facilities becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small cell facilitywireless
facilities, and the small cell facilitywireless facilities, including and all
associated equipment, shall be removed.
GH. Replacement utility poles shall be located as near as possible to the
existing pole, while meeting the current City of Kent Design and Construction
Standards. The abandoned pole must be removed. are subject to the
following requirements.
12Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
1.All replacement utility poles (with or without small wireless
facilities or other wireless facilities) shall be located as near as possible to
the existing utility pole, while meeting the current City of Kent Design and
Construction Standards. The abandoned utility pole must promptly be
removed. shall be located as near as possible to the existing pole, while
meeting the current City of Kent Design and Construction Standards. The
abandoned pole must be removed.
1.2. Proposed replacement utility poles, for the purpose of siting wireless facilities
other than small wireless facilities, shall be no more than 20 feet taller than the
existing pole, or 20 percent taller than adjacent utility poles, whichever is
Macro wireless facilities
typically require at least an additional 20 feet in
greater, unless an additional
height when attached to utility poles. This is
because NESC (National Electric Safety Code)
and local standards require vertical separation
between electric lines and other pole
.
attachments. (NESC standards require 7 feet of
vertical separation from distribution lines and 10
feet from transmission lines.)
The total additional height for the installation
HI. Replacement and combination poles shall match or be similar to the color
must accommodate both the height of the
antennas and the safety clearance.
and material of the original or adjacent poles. Replacement and combination
poles shall be located placed 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
beclose todirectly in front of windows or, in front of historically or
architecturally significant buildings, or in locations where the equipment
facility would disturb materially alter views of significance should be avoided
when technically feasible.
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,
13Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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or light gray. The conduit shall be mounted as closely as possible to the pole,
while still meeting the required safety clearances.
14Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
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
Volumetric limits control this.
dominate the structure or utility pole upon which these things are attached.
LM. 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 mounts and strand mounts for antennas or equipment are
prohibited.
N.The city may consider the cumulative visual effects of small cell
equipmentwireless facilities mounted on poles within the rights-of-way when
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 that dictates the use of a particular technology. When
Alternative forms of concealment or deployment may be permitted when
strict application of these requirements would unreasonably impair the
function of the technology chosen by the applicant or otherwise have the
15Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
effect of prohibiting wireless service, alternative forms of concealment or
16Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
Buubdinfou;!12d!.!BU'U!Psejbodf!xjui!Qspqptfe!Dibohft!!)3895!;!Dpef!Bnfoenfout!up!Lfou!Djuz!Dpef!Dibqufst!7/26-!7/27-!boe!26/19!SF;
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deployment may be permitted which or when such alternative forms of
Suggest allowing the City to
permit alternative concealment when it would
concealment or deployment provide similar or greater protections from
be a better result aesthetically, regardless of
whether service would otherwise be impaired.
negative visual impacts to the streetscape.
P.No equipment on any utility or combination pole may be operated so
as to produce noise in excess of ambient noise levelsviolation of the
applicable noise standards set forth in chapter 8.05 of the Kent City Code.
Sec. 6.16.050. Small cell equipmentwireless facilities design
standards and aesthetic requirements on utility poles.
A.Locations.
1.Small cell equipmentwireless facilities on utility poles shall be
located in a location that minimizes the appearance of small cell
equipmentwireless facilities from existing adjacent residential structures to
the maximum extent feasible. For example, best efforts shall be used to
avoid locations where small cell equipmentwireless facilities would be close
directly in front of to windows, in front of or historically or architecturally
significant buildings, orin locations where the equipment would disturb
materially alter views of significance, to the extent feasible.
Doesn’t this just restate -
.040(I) above?
2.A utility pole shall not contain more than one service provider’s
small cell facilitywireless facilitiesy.
To clarify that one service
provider may have its 4G and 5G facilities on
the same pole.
B.Replacement utility 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, unless additional height
is needed to maintain required vertical clearance from wires.
17Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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C.Small cell equipmentwireless facilities design. Small cell
equipmentwireless facilities shall comply with the design standards set forth
within this section.
1.Color. Small cell equipmentwireless facilities’ antennas, conduit,
mounting hardware, and equipment cabinets shall be painted a neutral color
to that matches or is similar to the color of the utility pole, or, at the city’s
preference, small cell equipmentwireless facilities 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 cell equipmentwireless facilities shall be mounted
as closely to the utility pole as possibletechnically feasible, and shall not
extend out more than three feet from the pole. Ground-mounted equipment
is prohibited., unless otherwise approved by the director.
3.No illumination. Except as otherwise required by applicable law,
small cell equipmentwireless facilities shall not be illuminated.
4.Concealed wires. Small cell equipment’swireless facilities’
external cables and wires shall be enclosed in aconduits so that wires are
Each type of cable/wires is
typically enclosed in its own conduit.
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 cell wireless 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
18Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
Buubdinfou;!12d!.!BU'U!Psejbodf!xjui!Qspqptfe!Dibohft!!)3895!;!Dpef!Bnfoenfout!up!Lfou!Djuz!Dpef!Dibqufst!7/26-!7/27-!boe!26/19!SF;
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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.BulkVolumetric Standards.
a.Primary small cell wireless facilities equipment
AT&T’s new radios for its
“micro” SWF will require a cabinet a bit larger
enclosures shall not exceed 132 cubic feet in volume.
than 12 c f.
b.Multiple antennas are permitted; provided, that the
cumulative total antenna volume shall not exceed 12 15 cubic feet.
c.If, due to technological reasons, the proposed equipment
enclosures do not comply with this subsection, the director may approve
primary small cell wireless facilities equipment enclosures up to 28 cubic feet
in volume following a submission to the director demonstrating that the
proposal includes the smallest small cell equipment enclosure that is
technologically feasible for the specific small cell wireless facility. Similarly,
the director may approve an increase of the cubic feet allowance for
antennas.
6.Stickers. The use of stickers on utility poles should be
minimized to the extent feasible; provided that, safety signage is allowed
according to applicable laws, regulations, and guidelines.
Sec. 6.16.060. Small cell equipmentwireless facilities design
standards and aesthetic requirements on city-owned infrastructure
and other streetlight standards.
A.General considerations.
19Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
1.In order to install small cell equipmentwireless facilities on city-
owned infrastructure or other streetlight standards not owned by the city
within the right-of-way, the existing city-owned pole must be removed and
replaced with a combination pole meeting the requirements of KCC
6.16.040, General requirements, and this section. 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. Light standards outside of the
right-of-way in non-residential zoning districts need not be replaced with a
See comment above
regarding allowing SWFs outside of the ROW on
combination pole, but shall otherwise comply with the requirements of this
lots with non-res and MF uses, like school
campuses, public parks, and MF parking lots.
chapter.
2.Three Four stylestypes of combination poles are allowed: (a)
combination pole with a canister or shroudedand/or antennas; (b)
combination pole with equipment shroud; and (c) combination pole with
canister and/or shrouded antennasand equipment shroud; and (d)
combination pole with antennas internal to and/or recessed to the pole and
equipment and antennas within the pole;, as generally depicted in Exhibit A
Based on technical
constraints, 5G antennas may not be located
at the end of this section. Equipment is also permitted in the base of the
“within” the pole or shrouded. Other
subsections of this draft have been revised to
pole, so long as the base meets the requirements within this section
address this limitation. Suggest doing so here
as well.
6.16.060.
B.Requirements for all combination poles.
1.The design of a combination pole shall match be substantially
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
20Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
subsequently adopted in the City of Kent Design and Construction
21Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
As noted previously, not all
carriers can adopt the same design. Does the
approves the installation of a different style of combination pole..
City intend this language for the director to
make accommodations as needed in that event?
2.The height of any combination pole replacing city-owned
infrastructure or other streetlight standard including antennas shall be: 50
feet or less; ornotextended to a height of nomore than 10 percent above
its the poles’s preexisting height as a result, whichever is lessgreater. The
As stated in this subsection,
this height standard is confusing and does not
height of a combination pole installed at a new location pursuant to subsection
appear to be feasible. To function without
obstruction, the antennas must be elevated
(A)(1) of this section shall be approved by the director.
above the luminaire, and the light pole may
support both 4G and 5G antennas, requiring
additional height (each technology is mounted
3.The diameter of the combination pole shall be no larger than
at a different elevation). This 10% standard,
coupled with “or less,” is insufficient.
16 inches. The director may approve a diameter up to 20 inches if an
Another option is to allow an additional 10 feet
applicant can demonstrate that more space is needed.
in height to accommodate both 4G and 5G and
allow for clearance.
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.
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 as
This will require additional
height overall to avoid the obstruction of the
surrounding luminaires.
antenna by the luminaire.
22Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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9.All mounting brackets, anchor bolts, and other hardware
connections shall be concealed.
C.Requirements for specific combination pole types.
1.Combination pole with canister and/or shrouded antennas.
For overall consistency,
suggest changing this heading and subsection
(C)(1)(a) to conform to the categories in -
a.The antennas shall be in a canister and/orshrouded
.060(A)(2) and the edits in subsection
(C)(1)(b).
antenna and mounted at the top of the combination pole. When a canister
antenna is used, tThere 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 Canister antennas
shall be scaled to be a maximum of 1.25 times the diameter of the pole at
the antenna-mounting location, or be no more than 16 inches in diameter,
16 inches is a standard size,
adopted by most if not all of the “consortium”
whichever is greater.
cities.
b.The canister antenna and/or antennas shroud shall be
colored to match or be similar to the combination pole.
2.Combination pole with equipment shroud.
a.In place of an antennas 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.
For overall consistency,
suggest changing this heading and subsection
3.Combination pole with canister and/orshrouded antennas
(C)(3)(a) to conform to the categories in -
.060(A)(2).
and equipment shroud.
23Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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a.This type of combination pole is allowed when various
small cell technologies (e.g., LTE and 5G) provided by a single carrier are
24Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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installed on the same pole. The applicant must demonstrate that the
additional technology cannot be integrated into the equipment cabinet or
the canister antenna.
a.The antenna(s) shall be a canister and/orshrouded
antenna andmounted at the top of the combination pole. There If a canister
antenna is used, 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. Canister aAntennas shall be
scaled to be a maximum of 1.25 times the diameter of the pole at the
antenna-mounting location, or be no more than 16 inches in diameter,
16 inches is a standard size,
adopted by most if not all of the “consortium”
whichever is greater. If the antenna cannot be integrated within a canister
cities.
or shroud (e.g., 5G antennas), then the antennas may only be installed near
the top of the pole in such a way that the wiring, cables, and equipment is
hidden from view.
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.Combination pole with antennas internal to and/or recessed to
the pole and equipment internal to the pole. This type of combination pole
conceals and integrates the equipment and antennas within the pole, to the
extent feasible. All equipment and antennas shall be located internal or
recessed to the appropriate enclosure.
25Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
Suggest these descriptions
conform to the categories in KCC
6.16.060(A)(2).
26Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/f
AT&T COMMENTS AND PROPOSED CHANGES
Suggest these descriptions
conform to the categories in KCC
6.16.060(A)(2).
27Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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See similar suggested edits
in KCC 6.16.060(C)(4).
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
impact and with the minimum exterior cabling or wires (other than the
original strand) necessary to meet the technological needs of the facility.
B.Each strand mounted facility shall not exceed three cubic feet in
volume.
C.Only one strand mounted facility is permitted per cable between any
two existing utility poles.
28Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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D.The strand mounted facility shall be placed as close as possible to the
nearest utility pole, and no further than five feet from the pole, unless a
greater distance is technically necessary or required by the utility pole owner
for safety clearance.
E.Strand mounted facilities may only be located between two utility
poles on a strand that is parallel to the ground and the edge of the right-of-
way.
F.No strand mounted facility may be located in or above the portion of
the roadway open to vehicular traffic.
G.Pole mounted equipment associated with strand mounted devices
shall meet the requirements described in KCC 6.16.050(C).
H.Ground-mounted equipment to accommodate strand mounted
facilities is not permitted, except when placed in pre-existing equipment
cabinets.
Sec. 6.16.070080. 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
the city if any component of the proposed small cell equipment orwireless
facility involves use of city-owned infrastructure; provided that, an applicant
The FCC shot clock allows
concurrent review of all relevant authorizations
may file applications for permits under the section concurrent with
under one shot clock.
applications for such agreements.
SECTION 3. - Amendment. Section 15.08.035 of the Kent City Code
29Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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entitled “Wireless telecommunications facilities” is amended as follows:
30Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
Sec. 15.08.035 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
7.Considering potential adverse impacts to the public health and
safety from these facilities except where preempted by other laws, rules,
and regulations.
31Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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In furtherance of these goals, the city shall give due consideration to the
city’s comprehensive plan, zoning map, 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.
Backhaul 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.
32Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
Colocate 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.
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 lattice tower shall not include a replacement utility pole
asdefined herein.
33Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
shall not include a replacement utility pole as defined herein.
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, 1997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Replacement utility pole is as defined in KCC 6.16.030.H and subject to the
requirements set forth within KCC 6.16.040.
Small wireless facilities cell equipment means wireless telecommunications
facilitiesthat meet each of the following conditions: attached, mounted, or
installed on a proprietary or leased pole, exclusing monopole towers, that
is located in right-of-way and used to provide personal wireless service.
1.The facilities -
a.Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
34Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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b.Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c.Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2.Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3.All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
Telecommunications means the 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.
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
35Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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AT&T COMMENTS AND PROPOSED CHANGES
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 and 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
services.
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.
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, 1997, or for
which a valid building permit has been obtained and remains in effect on
36Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
July 7, 1997, 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 satellite 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.Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
7.Replacement utility polesSmall cell equipment. Small cell
equipment, Replacement utility poles containing wireless or small wireless
facilities or equipment, as defined in subsection (B) of this section, subject
to a specific agreement with the city if located in the right-of-way, and all
For consistency with the
broader scope of KCC 6.16. (now to include
requirements provided in KCC
utility poles outside of the ROW)
37Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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AT&T COMMENTS AND PROPOSED CHANGES
6.16.040provided such equipment complies with concealment features
stipulated in such agreements.
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.
2.Not 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.
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
38Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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AT&T COMMENTS AND PROPOSED CHANGES
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.
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
39Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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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 environment.
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.Measurement. For purposes of measurement, WTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
12.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.
40Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
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.
41Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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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
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:
42Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
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
43Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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reduced by the planning manager when administratively approving a WTF
or by the planning director through issuance of a minor conditional use
permit.
Mono- Mono-
pole pole
75 feet less
in than
height 75
feet in
or
LatticeGuyedgreaterheight
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.
44Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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,
I1, I2, 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
ii.The antenna complies with all applicable building
codes; and
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.
45Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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AT&T COMMENTS AND PROPOSED CHANGES
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 requirements. In connection with this
administrative approval, the planning director may, in order to encourage
camouflaging and colocation of WTFs, administratively waive separation
distance requirements between WTFs by up to 50 percent in nonresidential
zones. Additionally, the planning director may, 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.
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.
46Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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5/6/f
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1.Minorconditional 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)(1)(b) of this section in the following districts: MA, I1, I2,
I3, CM, GC, and GWC.
b.Government property, excluding right-of-way. 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
(H)(1)(b) of this section, but only on the condition that the total height of
the attached WTF, including the structure, does not exceed 120 feet, unless
permitted under subsection (I)(1)(a) of this section; however, this
subsection shall not apply in DC, DCE, and NCC districts.
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 (G)(8) of this section or that do not meet administratively
approved separation distance limits.
47Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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:
a.Height of the proposed tower;
b.Proximity of the tower to residential structures and
residential district boundaries;
c.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;
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.
48Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
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
49Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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colocation are unreasonable. Fees or costs that exceed new WTF
development shall not be presumed to render sharing facilities unsuitable.
f.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.
J.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.
50Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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AT&T COMMENTS AND PROPOSED CHANGES
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
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.
51Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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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 minor 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.
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.
DANA RALPH, MAYOR Date Approved
52Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
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AT&T COMMENTS AND PROPOSED CHANGES
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
53Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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AT&T COMMENTS AND PROPOSED CHANGES
5/6/g
VERIZON’S COMMENTS
TO STAFF RE:
JULY 12, 2021 PUBLIC HEARING
Code Amendments to
Kent City Code Chapters 6.15, 6.16, and 15.08
RE: Wireless Facilities
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5/6/h
EXTERNAL EMAIL
From:"Schuck, Christina" <CSchuck@kentwa.gov>
Date:Wednesday, June 30, 2021 at 8:56 AM
To:Lizzy Schneider <lschneider@extenetsystems.com>, Gregg Busch
<gregg.busch@wirelesspolicy.com>, Kim Allen <kim.allen@wirelesspolicy.com>,
Buubdinfou;!13b!.!Fnbjm!gspn!Wfsj{po!sf!Dpnnfout!!)3895!;!Dpef!Bnfoenfout!up!Lfou!Djuz!Dpef!Dibqufst!7/26-!7/27-!boe!26/19!SF;!Xjsfmftt
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5/6/h
"Atkins, Linda" <lindaatkins@dwt.com>
Subject:FW: City of Kent - Wireless Facility Code Amendments
Good morning,
A public hearing on this ordinance is scheduled for July 12, 2021, 6 pm before the Land Use and
Planning Board.
It will be a remote meeting via Zoom and if you would like to participate, you will need to
contact Tanya Kosen for information.
Regards,
Christina
Good morning,
As you know, the City of Kent has been drafting amendments to its code provisions governing
the installation of small wireless facilities. Last fall, I circulated the draft amendment to the
industry stakeholders operating within the City. Your feedback on the draft was helpful and
appreciated.
City staff has carefully reviewed all of the comments received and worked to incorporate this
feedback, when possible, into the code amendment. Although the City did not incorporate all of
the suggestions received, you will see in the attached draft that the City included the following:
Updating terminology to align with federal law
Allowing strand-mounted facilities and adding a new section with design standards
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Allowing side-arm mounts
Updating design standards for city-owned infrastructure and other street lights to allow
more designs
Updating noise restrictions to align with the standards established within City code
The code amendment also includes updates to regulate wireless facilities installed on
replacement utility poles that are not small wireless facilities, yet do not meet the definition of a
tower or monopole within City code.
The schedule for legislative action is still being set. Currently, we expect to hold a public hearing
before the Land Use Planning Board (LUPB) in July. The LUPB meets on Monday evenings. Then,
the ordinance will go to the Committee of the Whole and upon agreement, it will be moved to
the City Council skipping a meeting, so that it will not immediately follow the Committee of the
Whole. The opportunity for oral public comment will be at the LUPB and at any City Council
meeting. Written public comments are also accepted through the City Clerk’s Office. Public
comment is not taken at Committee of the Whole meetings. When we have set this schedule, I
will let you know. You are also always welcome to inquire with me or the Clerk’s Office. Please
also note that it is unclear in what format these meetings will take place (e.g., remote or in-
person). The Clerk’s Office will have the most up to date information on this as the dates
approach. See also: https://www.kentwa.gov/city-hall/kent-city-council/city-council-meetings
If you have specific comments you would like to share with staff outside of public comment, you
can send them to me.
Sincerely,
Christina Schuck,Assistant City Attorney
Civil Division | Office of the City Attorney
220 Fourth Avenue South, Kent, WA 98032
Phone253-856-5788 | Fax 253-856-6770
cschuck@kentwa.gov
CITY OF KENT, WASHINGTON
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5/6/i
VERIZON COMMENTS AND PROPOSED CHANGES
ORDINANCE NO.
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
and city-owned infrastructure and amending
sections 6.15.050 and 15.08.035, to update
definitions related to wireless telecommunications
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.
1Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.g., 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
2Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 .
H.On , 2021, the City’s SEPA Responsible Official issued a
Determination of Non-Significance for the proposed code amendment.
I.At its regularly-scheduled meeting on , 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
SECTION 1. – Amendment 6.15.050. Section 6.15.050 of the Kent
City Code, entitled “Applications - Contents,” is amended as follows:
Sec. 6.15.050. Applications – Contents. The director is authorized
to establish an application form or forms appropriate for public utilities and
3Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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VERIZON COMMENTS AND PROPOSED CHANGES
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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.
2.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 cell
equipmentwireless facilities, conduits, fiber, pipelines, and other facilities
appropriate to the specific utility or service providers’ utilization of the right-
of-way, to the extent known. Small cell equipmentwireless facilities
proposed designs shall be submitted with the application. The director may
require designs of other facilities.
Unsure of what this means.
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.
4Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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5.Estimated beginning and end dates for construction, to the
extent known.
This is highly dependent on the
permitting process, the franchise approval
process and whether the carrier will do the
actual construction or be required to get on the
6.A statement that any licenses, certificates or authorizations
pole owner's schedule for make ready and
construction.
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.If requested, aA 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
Verizon is a recognized
subsidiary within the last five years within the state of Washington.
nationwide company with hundreds of
franchises and should not be required to provide
a cumbersome list of all of its franchises.
5Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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11.Such other information as the director determines would be
relevant in considering the application.
SECTION 2. - Amendment. Chapter 6.16 of the Kent City Code
entitled “Utility Design Standards in the Right-Of-Way” is amended as
follows.
Sec. 6.16.010. 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 cell
equipmentwireless facilities, utility poles, and other infrastructure in the
city’s rights-of-way in a manner that minimizes potential incompatibilities
with adjacent uses, addresses traffic safety, limits bulk, and minimizes
aesthetic impacts.
B.The design standards within this chapter shall be considered
concealment features when considering whether a proposed modification is
a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C.
Section 1455(a).
B. The design standards within this chapter shall also apply to small wireless
facilities installed on street light standards or other light poles outside of the
right-of-way in order to address these same impacts to trafficand pedestrian
safety, to limit bulk and to minimize aesthetic impacts.
6Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Sec. 6.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise,
master license agreement, or any federal law or federal regulation, it is
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. 6.16.030. 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 cell equipment orwireless facilities that replaces existing city-owned
infrastructure, or other streetlight standards not owned by the city.
C.Director means the city of Kent public works director, or his or her
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
authorized by ordinance and must be accepted by the franchisee to become
effective. A franchise shall not include or be a substitute for:
7Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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1.Any other permit or authorization required for the privilege of
transacting and 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, any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, way, 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
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.
8Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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VERIZON COMMENTS AND PROPOSED CHANGES
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F.Small cell equipment orwireless facilities means facilities that meet
each of the following conditions:
1.The facilities -
a.Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
b.Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c.Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2.Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3.All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
wireless telecommunications facilities attached, mounted, or installed on a
proprietary or leased pole, excluding monopole towers, that is located in
right-of-way and used to provide personal wireless service.
G.Traffic control signal system means traffic signal poles, mast arms,
luminaires, and associated mast arms, ancillary poles, and related
appurtenances.
H.Utility 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
poles owned by a utility company or other third party located outside of the
right-of-way. An original utility pole is a pole that has not been replaced to
9Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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accommodate small cell wireless facilities or other wireless facilities, but that
is capable of accommodating small cell wireless facilities or other wireless
facilities. A replacement utility pole means a pole that replaces an original
utility pole to accommodate small cell wireless facilities or other wireless
facilitiesand 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. 6.16.040. General Requirements.
A.All utility polesand light poles, wireless facilities, and small cell
equipment orwireless 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.
B.Ground-mounted equipment in the rights-of-way is prohibited, unless
such facilities equipment isare placed underground or is otherwise approved
by the director..
C.Small cell equipment orwireless facilities are not permitted on traffic
control signal systems.
D.Small wireless facilities are not permitted in single family residential
zoning districtsoutside of the right-of-way, except on parcels with
nonresidential uses.
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
10Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
EF. 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 small cell equipmentwireless facilities where the proposed location
is deemed inappropriate due to the proximity of the applicant's the extent
of existing aboveground wireless telecommunications or other electrical or
This is very subjective. The
range of a SWF is very limited and separation
cable facilities existing within a 150-foot radius of the proposed small cell
should be measured from the distance between
applicant's facilities, not all infrastructure in the
wireless equipment location. The director may also deny a request for
ROW.
proposed small cell equipmentwireless facilities 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 cell equipmentwireless facilities 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 cell
equipmentwireless facilities becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small cell facilitywireless
facilities, and the small cell facilitywireless facilities, including and all
associated equipment,shall be removed.
GH. Replacement utility poles shall be located as near as possible to the
existing pole, while meeting the current City of Kent Design and Construction
Standards. The abandoned pole must be removed. are subject to the
following requirements.
11Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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1.All replacement utility poles (with or without small wireless
facilities or other wireless facilities) shall be located as near as possible to
the existing utility pole, while meeting the current City of Kent Design and
Construction Standards. The abandoned utility pole must promptly be
removed. shall be located as near as possible to the existing pole, while
meeting the current City of Kent Design and Construction Standards. The
abandoned pole must be removed.
1.2. Proposed replacement utility poles, for the purpose of siting
wireless facilities other than small wireless facilities, shall be no more than
20 percent taller than adjacent utility poles, unless increased height is
required by the pole owner.
The applicant often has no
control over the pole replacement height
required by the owner, which may add
additional space for its own future needs.
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
todirectly in front of windows, directly in front of historically or architecturally
significant buildings. Where feasible, poles shall be located near side
property lines rather than in front of windows or entrances to buildings. ,
or in locations where the equipment would disturb views of significance
should be avoided. This is undefined and too
jective.
sub
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,
12Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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or light gray. The conduit shall be mounted as closely as possible to the pole,
while still meeting the required safety clearances.
13Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
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.
LM. 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 mounts and strand mounts for antennas or equipment are
prohibited.
N.The city may consider the cumulative visual effects of small cell
equipmentwireless facilities mounted on poles within the rights-of-way when
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
14Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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deployment may be permitted which provide similar or greater protections
from negative visual impacts to the streetscape.
P.No equipment on any utility or combination pole may be operated so
as to produce noise in excess of ambient noise levelsviolation of the
applicable noise standards set forth in chapter 8.05 of the Kent City Code.
Sec. 6.16.050. Small cell equipmentwireless facilities design
standards and aesthetic requirements on utility poles.
A.Locations.
1.Small cell equipmentwireless facilities on utility poles shall be
located in a location that minimizes the appearance of small cell
equipmentwireless facilities from existing adjacent residential structures to
the maximum extent feasible. For example, best efforts shall be used to
avoid locations where small cell equipmentwireless facilities 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 cell
facilitywireless facility.
B.Replacement utility 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.
15Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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C.Small cell equipmentwireless facilities design. Small cell
equipmentwireless facilities shall comply with the design standards set forth
within this section.
1.Color. Small cell equipmentwireless facilities’ antennas, conduit,
mounting hardware, and equipment cabinets shall be painted a neutral color
to that matches or is similar to the color of the utility pole, or, at the city’s
preference, small cell equipmentwireless facilities 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 cell equipmentwireless facilities shall be mounted
as closely to the utility pole as possibletechnically feasible, and shall not
extend out more than three feet from the pole. Ground-mounted equipment
is prohibited., unless otherwise approved by the director. Ground-mounted
equipment shall not be installed above-ground in residential areas and the
director may not approve an exception.
3.No illumination. Except as otherwise required by applicable law,
small cell equipmentwireless facilities shall not be illuminated.
4.Concealed wires. Small cell equipment’swireless facilities’
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 cell wireless 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
16Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 cell wireless facilities equipment
enclosures shall be the smallest size necessary not exceeding2812 cubic
feet in volume.
b.Multiple antennas are permitted and each antenna shall
not exceed 3 cubic feet in volume.; provided, that the cumulative total
The FCC Order allows 3 cubic
feet per antenna and up to 28 cubic feet of
antenna volume shall not exceed 12 cubic feet.
equipment. This proposed language will require
a special exception for every node, creating
administrative overload and delay for the city
c.If, due to technological reasons, the proposed equipment
and the applicant and potentially places the city
at risk for an effective prohibition claim under
enclosures do not comply with this subsection, the director may approve
the TCA.
primary small cell wireless facilities equipment enclosures up to 28 cubic feet
in volume following a submission to the director demonstrating that the
proposal includes the smallest small cell equipment enclosure that is
technologically feasible for the specific small cell wireless facility. Similarly,
the director may approve an increase of the cubic feet allowance for
antennas.
6.Stickers. The use of stickers on utility poles should be
minimized to the extent feasible.
Sec. 6.16.060. Small cell equipmentwireless facilities design
standards and aesthetic requirements on city-owned infrastructure
and other streetlight standards.
A.General considerations.
17Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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1.In order to install small cell equipmentwireless facilities on city-
owned infrastructure or other streetlight standards not owned by the city
within the right-of-way, the existing city-owned pole must be removed and
replaced with a combination pole meeting the requirements of KCC
6.16.040, General requirements, and this section when replacement is
necessary to accommodate a SWF.. Alternatively, the director may approve
What is the reason for
requiring replacement poles if the existing pole
the installation of a combination pole in a location where it has been identified
can accommodate the SWF?
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. Light standards outside of the right-of-way in non-
residential zoning districts need not be replaced with a combination pole,
but shall otherwise comply with the requirements of this chapter.
2.Three Four stylestypes of combination poles are allowed: (a)
combination pole with a canister or shroudedand/or antennas; (b)
combination pole with equipment shroud; and (c) combination pole with Do you mean equipment
cabinet? The term shroud is usually not used in
canister and/or shrouded antennasand equipment shroud; and (d)
this context.
combination pole with equipment and antennas within the pole;, as
generallydepicted in Exhibit A at the end of this section. Equipment is also
permitted in the base of the pole, so long as the base meets the
requirements within this section 6.16.060.
B.Requirements for all combination poles.
1.The design of a combination pole shall match be substantially
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
18Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
approves the installation of a different style of combination pole..
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 more than 10 percent above its
preexisting height as a result, whichever is lessgreater. The height of a
This aligns the height
requirements with the allowance in the
combination pole installed at a new location pursuant to subsection (A)(1) of
definition of SWF in the 2018 FCC SWF Order.
this section shall be approved by the director.
3.The diameter of the combination pole shall be no larger than
16 24 inches. The director may approve a diameter up to 20 inches if
Verizon's existing
configuration requires 24 inches in diameter so
anapplicant can demonstrate that more space is needed.
every pole would require an exception.
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.
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 as
surrounding luminaires.
19Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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9.All mounting brackets, anchor bolts, and other hardware
connections shall be concealed to the maximum extent feasible.
C.Requirements for specific combination pole types.
1.Combination pole with canister or shrouded antenna.
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, if feasible.
How did the city select this
diameter?
b.The canister antenna and/or antennas shroud shall be
colored to match or be similar to the combination pole.
2.Combination pole with equipment shroud.
This is not a feasible SWF
design.
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 or shrouded antenna and
How is this defined?
equipment shroud.
a.This type of combination pole is allowed when various
small cell technologies (e.g., LTE and 5G) provided by a single carrier are
20Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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installed on the same pole. The applicant must demonstrate that the
additional technology cannot be integrated into the equipment cabinet or
the canister antenna.
a.The antenna shall be a canister or shrouded antenna and
mounted at the top of the combination pole. There shall be a smooth Many pole owners are not
allowing pole top attachment. Request adding a
transition between the upper part of the pole and the antenna and the
midpole option.
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. If the antenna
cannot be integrated within a canister or shroud (e.g., 5G antennas), then
the antennas may only be installed near the top of the pole in such a way
that the wiring, cables, and equipment is hidden from view.
b.The equipment shroud shall be attached near as close to
the top of the pole as feasible in such a way that the wiring, cables, and
equipment are hidden from view.
4.Combination pole with antenna and equipment internal to 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.
21Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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These design diagrams are
not representative of what can actually be
deployed. Request removing them from the
code.
22Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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23Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
impact and with the minimum exterior cabling or wires (other than the
original strand) necessary to meet the technological needs of the facility.
B.Each strand mounted facility shall not exceed three cubic feet in
volume.
C.Only one strand mounted facility is permitted per cable between any
two existing utility poles.
24Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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D.The strand mounted facility shall be placed as close as possible to the
nearest utility pole, and no further than five feet from the pole, unless a
greater distance is technically necessary or required by the utility pole owner
for safety clearance.
E.Strand mounted facilities may only be located between two utility
poles on a strand that is parallel to the ground and the edge of the right-of-
way.
F.No strand mounted facility may be located in or above the portion of
the roadway open to vehicular traffic.
G.Pole mounted equipment associated with strand mounted devices
shall meet the requirements described in KCC 6.16.050(C).
H.Ground-mounted equipment to accommodate strand mounted
facilities is not permitted, except when placed in pre-existing equipment
cabinets.
Sec. 6.16.070080. 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
the city if any component of the proposed small cell equipment orwireless
facility involves use of city-owned infrastructure.
SECTION 3. - Amendment. Section 15.08.035 of the Kent City Code
entitled “Wireless telecommunications facilities” is amended as follows:
25Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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Sec. 15.08.035 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
7.Considering potential adverse impacts to the public health and
safety from these facilities except where preempted by other laws, rules,
and regulations.
26Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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In furtherance of these goals, the city shall give due consideration to the
city’s comprehensive plan, zoning map, 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
This appears to be beyond the
scope of the city's expertise and it is unclear
still serves essentially the same customer base.
how the city would ascertain when this occurs or
why it would be considered abandonment. SMSA
Ltd. Partnership v. Town of Clarkston, 612 P.3d
97
Antenna means any exterior transmitting or receiving device used in
(2nd Cir. 2010); Accelerating Wireless
communications that radiates or captures electromagnetic waves.
Broadband Deployment by Removing Barriers to
Infrastructure Investment,
Declaratory Ruling and Third Report and Order
(September 26, 2018), Footnote 87; Public
Backhaul network means the lines that connect a provider’s
Utility Comm’n of Texas
Petition for Declaratory Ruling and/or
WTFs/towers/cell sites to one or more cellular telephone switching offices,
Preemption of Certain Provisions of the Texas
Public Utility Regulatory Act of
and/or long distance providers, or the public switched telephone network.
1995, Memorandum Opinion and Order, 13 FCC
Rcd 3460, 3496, para. 74 (1997) clarifying that
it would be an unlawful prohibition for a
state or locality to specify “the means or
facilities” through which a service provider must
offer service).
27Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
Colocate 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.
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 lattice tower shall not include a replacement utility pole
asdefined herein.
28Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
shall not include a replacement utility pole as defined herein.
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, 1997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Replacement utility pole is as defined in KCC 6.16.030.H and subject to the
requirements set forth within KCC 6.16.040.
Small wireless facilities are as defined in 47 CFR § 1.6002
cell equipment means wireless telecommunications facilities that meet each
of the following conditions: attached, mounted, or installed on a proprietary
or leased pole, exclusing monopole towers, that is located in right-of-way
and used to provide personal wireless service.
1.The facilities -
a.Are mounted on structures 50 feet or less in height
including their antennas as defined in 47 CFR § 1.1320(d); or
29Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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b.Are mounted on structures no more than 10 percent
taller than other adjacent structures; or
c.Do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater;
2.Each antenna associated with the deployment, excluding
associated antenna equipment (as defined in the definition of antenna in 47
CFR § 1.1320(d)), is no more than three cubic feet in volume;
3.All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any pre-
existing associated equipment on the structure, is no more than 28 cubic
feet in volume.
Telecommunications means the 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.
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
30Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 and 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
services.
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.
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, 1997, or for
which a valid building permit has been obtained and remains in effect on
31Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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July 7, 1997, 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 satellite 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.Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
7.Replacement utility polesSmall cell equipment. Small cell
equipment, Replacement utility poles containing wireless or small wireless
facilities or equipment, as defined in subsection (B) of this section, subject
to a specific agreement with the city, and all requirements provided in KCC
32Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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VERIZON COMMENTS AND PROPOSED CHANGES
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6.16.040provided such equipment complies with concealment features
stipulated in such agreements.
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.
2.Not 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.
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
33Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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VERIZON COMMENTS AND PROPOSED CHANGES
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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.
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
34Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 environment.
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.Measurement. For purposes of measurement, WTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
12.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.
35Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
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.
36Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
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:
37Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
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
38Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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reduced by the planning manager when administratively approving a WTF
or by the planning director through issuance of a minor conditional use
permit.
This table needs reformatting.
Mono- Mono-
pole pole
75 feet less
in than
height 75
feet in
or
LatticeGuyedgreaterheight
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.
39Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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,
I1, I2, 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
ii.The antenna complies with all applicable building
codes; and
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.
40Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 requirements. In connection with this
administrative approval, the planning director may, in order to encourage
camouflaging and colocation of WTFs, administratively waive separation
distance requirements between WTFs by up to 50 percent in nonresidential
zones. Additionally, the planning director may, 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.
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.
41Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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1.Minorconditional 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)(1)(b) of this section in the following districts: MA, I1, I2,
I3, CM, GC, and GWC.
b.Government property, excluding right-of-way. 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
(H)(1)(b) of this section, but only on the condition that the total height of
the attached WTF, including the structure, does not exceed 120 feet, unless
permitted under subsection (I)(1)(a) of this section; however, this
subsection shall not apply in DC, DCE, and NCC districts.
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 (G)(8) of this section or that do not meet administratively
approved separation distance limits.
42Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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:
a.Height of the proposed tower;
b.Proximity of the tower to residential structures and
residential district boundaries;
c.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;
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.
43Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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.
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
44Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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colocation are unreasonable. Fees or costs that exceed new WTF
development shall not be presumed to render sharing facilities unsuitable.
f.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.
J.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.
45Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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
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.
46Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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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 minor 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.
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.
DANA RALPH, MAYOR Date Approved
47Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
48Amend KCC 6.16 -
Re: Utility Design Standards
in the Right-of-Way and
KCC 6.15.050 and 15.08.035 – Re: Wireless
Telecommunications Facilities
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VERIZON COMMENTS AND PROPOSED CHANGES
5/7
HUMAN RESOURCES DEPARTMENT
Teri Smith, SHRM-CP, PHR
220 Fourth Avenue South
Kent, WA 98032
253-856-5270
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: 2021-2022 Property Insurance Renewal
SUMMARY: Property Insurance renewal was July 1. The recent premium history is
as follows:
· July 2017 to July 2018 $346,323
Premium decrease of 7%. Decrease based on adding another layer to
$25M layer.
· July 2018 to July 2019 $362,500
Premium increase of 7%, due primarily to increased reinsurance costs
resulting from three hurricanes and the fires in California during 2017.
· July 2019 to July 2020 $477,521
Premium increase of 23% due to severe losses due to California fires and
flooding, combined with the two major carriers limiting their coverage. To
our per occurrence maximum to $150M.
· July 2020 to July 2021 $581,822
Premium increase of 22% due to ongoing volatility in reinsurance markets,
including negative loss development, increased cost of reinsurance and
decreased profitability. Our primary carrier has further limited their
participation in the primary layer in response to the market limitations noted
above.
· July 2021 to July 2022 $677,599
Premium increase of 16%, which is below average cost increases. 3% of
increase is due to increased value of City buildings insured. The primary
carrier has further limited participation in the first layer of coverage down
from $25M to $10M, which coincides with their corporate strategy to limit
risk in this market. Total coverage remains consistent.
The Property insurance market remains challenging in the light of continuing loss
experience nationwide (fires in the West last fall and storms in Texas last winter).
Early on we were told that our increase may be as much as 25%. The 14% increase
over last year represents a lower than expected increase.
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Property insurance premium increased due to market conditions. Despite the
increase, the Property Insurance fund has reserved adequate funds to absorb the
increase within the projected budget.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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5/8
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRO
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: 2021 Second Quarter Fee In Lieu Funds - Authorize
MOTION: I move to authorize the Mayor to accept $10,200 of fee-in-lieu
funds, amend the Community Parks Reinvestment Program budget, and
authorize the future expenditure of these funds for capital improvements
at Campus Park.
SUMMARY: Between April 1, 2021 and June 30, 2021 the City of Kent received a
total of $10,200.00 from the following developer, who voluntarily paid a fee-in-lieu
of dedicating park land to mitigate the development of homes in local subdivision.
These funds will be held in a reserve account for capital improvements at the
following parks and must be expended within five years:
Navin Sharma: Subdivision into 2 lots at 11615 S.E. 259th Place; $10,200 at
Campus Park
BUDGET IMPACT: Revenue and expense impact to Community Parks
Reinvestment Program budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Park Fee_ In_Lieu_ Q2-2021 (PDF)
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5/8/b
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5/9
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRO
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Allocation Recommendations: Third Round of Community
Development Block Grant Coronavirus Funds - Authorize
MOTION: I move to authorize the Mayor to approve the third round of
Community Development Block Grant Coronavirus Funds as recommended
by the Human Services Division of the Parks Department.
SUMMARY:
On March 27, 2020, the U.S. Congress passed The Coronavirus Aid, Relief, and
Economic Security Act (H.R. 748), also known as the CARES Act. The purpose of
CARES Act funds is to prevent, prepare for, and respond to the coronavirus. During
this third round of funding, the City received $859,720 in Community Development
Block Grant Coronavirus funds (CDBG-CV) from the U.S. Department of Housing
and Urban Development (HUD). To accept third round funds, the City released its
second amendment to the 2019 Annual Action Plan and held a public hearing on
January 21, 2021. At that time, the City had not selected sub-recipient
organizations to carry out proposed activities and informed the Human Services
Commission and City Council that it would seek its future approval on funding
awards, which is the purpose of this memo.
To respond quickly to the immediate needs faced by our community, the CARES Act
provides flexibilities reducing the public comment period to not less than five (5)
days. Consequently, the public was invited to comment on funding
recommendations through a public hearing notice that was released on June 10,
2021. The City accepted comments through the public hearing date (June 17,
2021). The CARES Act also allowed the City to convene a virtual public hearing
because of public health reasons associated with the coronavirus and to suspend
the public service cap (normally 15% of the CDBG budget).
Recommended Funding Allocations for CDBG-CV Third Round Funds (CV-3)
The City of Kent Parks Department, Human Services Division, proposes allocating
its CDBG CV-3 funds to the following sub-recipient organizations; proposals also
include set-asides and contingency plans. Highlighted organizations are
organizations that we propose to fund in Round 3 that did not receive first round
funds; non-highlighted organizations received Round 1 funds and are recommended
for additional funds from the Third Round budget-we did not require another
application from organizations that received Round 1 funds):
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The City proposes to allocate its CDBG CV-3 funds as follows:
SUB-RECIPIENT ACTIVITY DEMOGRAPHICS ALLOCATED
ORGANIZATION AMOUNT
Coalition for Public Services: BIPOC refugee and $25,000.00
Refugees from Youth Project to immigrant communities
Burma increase COVID-19
awareness and
prevent the
pandemic
Highline College Microenterprise Primarily People of Color, $50,000.00
Assistance low/moderate-income,
woman and
disadvantaged business
owners and
entrepreneurs, often with
Limited-English
Proficiency
Institute for Public Services: Approximately 42% of $40,000.00
Community Training and students and families are
Leadership organizing assistance African American or
for students who African, 38% Latino, 9%
need tutors & other Asian or Pacific Islander,
education assistance 8% White, and 3% Native
for K-12 students American, 55% from
immigrant households,
and 38% of the homes do
not speak English as a
first language
Khmer Public Services: Food Khmer (Cambodian) $25,000.00
Community of Assistance community which consists
Seattle King of 70-80%
County elderly/disabled and
families that are low-
income, refugee and
immigrants with Limited-
English Proficiency
Multi-Service Public Services: Rent More than 87% Persons $102,000.00
Center Rental Assistance of Color and/or Latinx
Assistance individuals/ households
Open Doors for Public Services: Food Low-income culturally & $20,000.00
Multicultural Assistance linguistically diverse
Families families or individuals
with
developmental/intellectual
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disabilities
Open Doors for Public Services: Rent Low-income culturally & $50,000.00
Multicultural Assistance linguistically diverse
Families families or individuals
with
developmental/intellectual
disabilities
Orion Industries Public Services: Job Low-income individuals $30,000.00
Training/Employment with disabilities
Partner in Public Services: Job Newly arrived $40,000.00
Employment Training/Employment immigrants/ refugees
predominately from Africa
and Southeast Asia
Project Feast Public Services: Food Low-income $20,000.00
Assistance immigrants/refugee
families and seniors
Solid Ground WA Public Services: Rent Kent residents at $60,000.00
Assistance imminent risk of housing
loss and homelessness as
a result of COVID-19
impacts and experiences
of poverty and
compounding barriers to
stability, including
institutional racism and
other oppressions
South Sound Public Services: 61% of clients are non-$60,000.00
Outreach Financial literacy and white, specifically 33%
Services emergency financial Black, 12% Hispanic and
assistance payments Latino, 7% Multiracial,
to combat debt and 6% Asian and Pacific
COVID-19 related Islander, 3% American
expenses Indian or Alaska Native
St. Stephen Public Services: Over 80% of assisted $37,500.00
Housing Housing Support families are Black,
Association Indigenous or People of
Color
Ubumwe Women Public Services: East African $50,000.00
Association Trauma counseling immigrant/refugee single
for kids and adults parents and their children
TBD Public Service: Set-Hispanic and/or Punjabi $40,000.00
Aside for ECBOs
(Hispanic and/or
Punjabi)
TBD Public Service: $38,276.00
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Additional Rent
Assistance Set-Aside
City of Kent Planning & $171,944.00
Administration
TOTAL ROUND 3 $859,720.00
CDBG-CV FUNDS:
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CONTINGENCY PLANS
Public Services
In the event a sub-recipient organization receiving funds for a public service activity
withdraws its application for CDBG-CV assistance or the City determines that the
organization cannot meet federal compliance obligations, the City will allocate funds
to one or more of the other public service activities. The City also has the option of
allocating unspent funds to a new public service activity to prevent, prepare for,
and respond to the coronavirus.
Microenterprise
In the event a sub-recipient organization receiving funds for a microenterprise
activity withdraws its application for CDBG-CV assistance or the City determines
that the organization cannot meet federal compliance obligations, the City will
allocate funds to one or more of the public service activities. The City also has the
option of allocating unspent funds to a new public service or capital activity to
prevent, prepare for, and respond to the coronavirus.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Notice of Public Hearing (DOCX)
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For Immediate Publication/Release
Posted on City of Kent Webpage
June 10, 2021
CITY OF KENT
Department of Parks, Recreation & Community
Services - Human Services Division
Notice of Public Hearing Regarding Proposed Allocations
of
Third Round Community Development Block Grant Coronavirus Funds
(CDBG CV-3)
CARES ACT FUNDING (CDBG-CV)
On March 27, 2020, the U.S. Congress passed The Coronavirus Aid, Relief, and
Economic Security Act (H.R. 748), also known as the CARES Act. The purpose of
CARES Act funds is to prevent, prepare for, and respond to the coronavirus. During
this third round of funding, the City received $859,720 in Community Development
Block Grant Coronavirus funds (CDBG-CV) from the U.S. Department of Housing
and Urban Development (HUD). To accept third round funds, the City released its
second amendment to the 2019 Annual Action Plan and held a public hearing on
January 21, 2021. At that time, the City had not selected sub-recipient
organizations to carry out proposed activities and is now providing that information
via this public notice.
To respond quickly to the immediate needs faced by our community, the CARES Act
provides flexibilities reducing the public comment period to not less than 5 days.
The City will accept comments through the public hearing date (June 17, 2021).
The CARES Act also allow the City to convene virtual public hearings because of
public health reasons associated with the coronavirus and to suspend the public
service cap (normally 15% of the CDBG budget).
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Recommended Funding Allocations
In accordance with 24 CFR 91.105 of the federal regulations relative to citizen
participation for Community Planning and Development Programs and applicable
waivers made available to those requirements through the CARES Act, the City of
Kent hereby proposes allocating its CDBG CV-3 funds to the following sub-recipient
organizations; proposals also include set-asides and contingency plans:
1
The City proposes to allocate its CDBG-CV funds as follows:
SUB-RECIPIENT ACTIVITY ALLOCATED AMOUNT
ORGANIZATION
Coalition for Public Services: $25,000.00
Refugees from Youth Project to
Burma increase COVID-19
awareness and
prevent the
pandemic
Highline College Microenterprise $50,000.00
Assistance
Institute for Public Services: $40,000.00
Community Training and
Leadership organizing
assistance for
students who need
tutors & other
education assistance
for K-12 students
Khmer Community of Public Services: Food $25,000.00
Seattle King County Assistance
2
Multi-Service Center Public Services: Rent 102,000.00
Rental Assistance Assistance
Open Doors for Public Services: Food $20,000.00
Multicultural Families Assistance
Open Doors for Public Services: Rent $50,000.00
Multicultural Families Assistance
Orion Industries Public Services: Job $30,000.00
Training/Employment
Partner in Public Services: Job $40,000.00
Employment Job Training/Employment
Training/Employment
Project Feast Public Services: Food $20,000.00
Assistance
1
Subrecipients receiving these funds will be directed to assist low/moderate-income persons, and it is
estimated that over 80% of funds will be used to benefit low/moderate-income persons.
2
The City proposes that MSC serve as the primary sub-recipient for this project and UTOPIA serve as
the sub-contractor to ensure that rental assistance reaches under-served Queer and Transgendered
Pacific Islanders and other marginalized residents in Kent.
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Solid Ground WA Public Services: Rent $60,000.00
Assistance
South Sound Public Services: $60,000.00
Outreach Services Financial literacy and
emergency financial
assistance
payments to combat
debt and COVID-19
related expenses
St. Stephen Housing Public Services: $37,500.00
Association Housing Support
Ubumwe Women Public Services: $50,000.00
Association Trauma counseling
for kids and adults
TBD Public Service: Set-$40,000.00
Aside for ECBOs
(Hispanic and/or
Punjabi)
TBD Public Service: $38,276.00
Additional Rent
Assistance Set-Aside
3
City of Kent Planning & $171,944.00
Administration
TOTAL ROUND 3 $859,720.00
CDBG-CV FUNDS:
CONTINGENCY PLANS
Public Services
In the event a sub-recipient organization receiving funds for a public service activity
withdraws its application for CDBG-CV assistance or the City determines that the
organization cannot meet federal compliance obligations, the City will allocate funds
to one or more of the other public service activities. The City also has the option of
allocating unspent funds to a new public service activity to prevent, prepare for,
and respond to the coronavirus.
Microenterprise
In the event a sub-recipient organization receiving funds for a microenterprise
activity withdraws its application for CDBG-CV assistance or the City determines
that the organization cannot meet federal compliance obligations, the City will
allocate funds to one or more of the public service activities. The City also has the
3
Up to 20% may be used for P & A; the City is using the full amount allowed by federal regulation.
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option of allocating unspent funds to a new public service or capital activity to
prevent, prepare for, and respond to the coronavirus.
CITIZEN PARTICIPATION PROCESS
All interested persons are invited to comment on these amendments at the
public hearing and during the comment period.
DATE/TIME OF PUBLIC HEARING
Thursday, June 17, 2021, 3:00 p.m.
You may join the virtual public hearing by clicking on this link:
Join Zoom Meeting:
https://cityofkent.zoom.us/j/98634036617
Community members wishing to submit written comments during the public
comment period may email them to Dinah Wilson, Senior CDBG Coordinator, no later
than 3:00 pm on June 17, 2021: drwilson@kentwa.gov. Oral comments will be taken
at the virtual hearing.
ADA Information:
This notice is available in alternate formats for individuals with disabilities upon
request. Reasonable accommodations at the public hearing such as alternate
formats for printed material are available for individuals with disabilities with a
minimum of three (3) days advance notice. Please e-mail Dinah at
drwilson@kentwa.gov.
Merina Hanson, Human Services Manager
Kent Parks, Recreation & Community Services, Human Services Division
__________________________________________
Signature
6/10/2021_________________________________ Date
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HUMAN RESOURCES DEPARTMENT
Teri Smith, SHRM-CP, PHR
220 Fourth Avenue South
Kent, WA 98032
253-856-5270
DATE: July 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Performance Measures
SUMMARY: Government Performance Coordinator, Michael Mage will present an
-2022 strategy deployment and performance
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