HomeMy WebLinkAboutOrdinance No. 0974Ordinance No. 974
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING APPLICATION
REQUIREMENTS FOR SMALL WIRELESS FACILITLIES; AMENDING MMC SECTION
19.02.020; REPEALING AND REPLACING IN FULL MMC TITLE 19.14; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the Federal Communications Commission ("FCC") recently adopted a
Declaratory Ruling and Third Report and Order 18-133 ("FCC Order") governing small Wireless
facilities, which imposes limitations on the processing and review of all permits associated with
the deployment of small wireless facilities, including setting presumptive review periods for the
consideration of such facilities; and
WHEREAS, poles within the public rights -of -way have been identified by the FCC as a
primary resource for the deployment of small wireless facilities which are intended to increase
the density and accessibility of radio frequency signals employed by smart phones and other
wireless devices; and
WHEREAS, the FCC Order allows the City to adopt standards for the deployment of
small wireless facilities that will require utilization of a consolidated process emphasizing
administrative review in order to comply with federal presumptively reasonable time limits for
review; and
WHEREAS, the City Council finds that the existing of the federal regulations requires the
enactment of administrative procedures and processes which can comply with the FCC Order;
and
WHEREAS, on January 8, 2019, the Council adopted initial permitting regulations for
small wireless facilities pursuant to Ordinance No. 967 and simultaneously adopted Ordinance
No. 968 which established interim aesthetic regulations and official controls for small wireless
facilities; and
WHEREAS, over the last six months, the City Council held three Council meetings, and
two public hearings to solicit and receive public testimony regarding these wireless code
amendments; and
WHEREAS, contemporaneously with the consideration of this Ordinance, the City
Council considered and enacted amendments to MMC Title 20 by adopting a new Chapter
20.38 authorizing and establishing permanent aesthetic standards for the deployment of small
wireless facilities pursuant to Ordinance No. 975 and
WHEREAS, the City Council finds that adopting the revised applications requirements
related to small wireless facilities as set forth in the sections below will further the public's
health, safety, and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGOTN, DOES
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council adopts the recitals above and further finds that this
ordinance is necessary, in conjunction with Ordinance No. 975, to address potential applications
Ordinance No. 974 Page 1 of 14
for small wireless facilities within the presumptive safe harbor review periods prescribed by the
FCC Order.
Section 2. Amendment to MMC 19.02.020. The Medina Municipal Code Section 19.02.020 is
hereby amended as follows:
The following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
"Access Easement" means any lane, road, avenue, driveway, etc. that is shared among one or
more residents and dedicated for private ingress and egress purposes in a le -gal document
which is recorded with King County Property Records;
"Affiliate" means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
"Antenna" means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for
the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term antenna does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15:
"Applicant" means any person or entity that applies for any authorization, franchise, lease, or
permit pursuant to this title;
"Cable Act" means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
"Cable facilities" means equipment and wiring used to transmit audio and video signals to
subscribers;
"Cable operator" means a telecommunications carrier providing or offering to provide "cable
service" within the city as that term is defined in the Cable Act;
"Cable service," for the purpose of this title, shall have the same meaning provided by the Cable
Act;
"Cable system" means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide cable service
and other service to subscribers;
"City" means the city of Medina, Washington;
"City property" means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
"Collocation" means (1) mounting or installing an antenna facility on a pre-existing structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on
that structure. Provided that, for purposes of Eligible Facilities Requests, "collocation" means
the mounting or installing of transmission equipment on an eligible support structure for the
purposes of transmitting and/or receiving__ radio frequency signals for communications purposes:
Ordinance No. 974 Page 2 of 14
"Council" means the city council of the city of Medina, Washington acting in its official capacity;
"Data Gemllflun6Gafien" means:
1. The tFansmissierief eweawed
-2. The tFaRsmissien ef data ftem GR8 point to aAGtheR;
"Director" means the Development Services Director or his/her designee;
"Emergency" means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, dots or wars;
"Excess capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
"FCC" or "Federal Communications Commission" means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
"Fiber optics" means the technology of guiding and projecting light for use as a communications
medium;
"Franchise" shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights -of -way of the city and te a!SG
pitevide t618GOFRITIURiGatiens seNiG6 tO peFsgss 9F aFeas on the Go ;
"Franchisee" means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
"Grantee" means the person, firm or corporation to whom or which a franchise, as defined in this
section, is granted by the council under this chapter and the lawful successor, transferee or
assignee of such person, firm or corporation;
"Grantor" means the City of Medina acting through its City Council;
"Light pole" FAeans a pole ewned by the eity and used pFiFnaFily fGF light StF88ts, PaFking apeas,
paFks 9F pedestAaR paft;
"Open video system" or "OVS" refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successors has certified as compliant with Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time -to -time;
"Operator" means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
Ordinance No. 974 Page 3 of 14
"Overhead facilities" means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
"Person" means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
"Property of franchisee" means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
"Proposal" means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
"Public right-of-way" or "right-of-way" means land acquired or dedicated for public roads and
streets but does not include:
1. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
2. Structures, including poles and conduits, located within the right-of-way;
3. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state parks and recreation commission: o
6. Federally granted railroad rights -of -way acquired under 43 U.S.C. Sec 912 and,
related provisions of federal law that are not open for motor vehicle use.
"Right of way" means land aGqu2Fed OF dediGated fQF re-ad-r-, and 6#99ts, but does not
*RGIude state hoghWaYS eF land dedirated f8F Feads, 6tFeets and highways not epened and not
impFeved feF FA9t9F YehiGle usse by the pub!*G:,
"Service provider": is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of telecommunication services;
"Small wireless" and "small wireless facility" shall have the same meaning as a "small wireless
facility" as set forth in 47 CFR 1.6002(l);
"State" means the state of Washington;
"Structure" means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of telecommunication service
(whether on its own or comingled with other types of services);
"Surplus space" means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment;
Ordinance No. 974 Page 4 of 14
"Telecommunications carrier" means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used
for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
"Telecommunications provider' means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
"Telecommunications system" see "telecommunications facilities";
"Traffic Signal Poles" means a pole that supports equipment used for controlling traffic, including
but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers;
"Transmission equipment" means equipment that facilitates transmission for any FCC -licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including but not limited to private,
broadcast, and Public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul,
"Underground facilities" means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
"Unified enclosure" means a small wireless facility providing concealment of antennas and
equipment within a single enclosure:
"Universal service" means a level of and definition of telecommunications services as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
"Usable space" means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
"Utility facilities" means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the rights -of -way of the city and used or to be used for the
purpose of providing utility or telecommunications services-4
Ordinance No. 974 Page 5 of 14
"Utility Pole" means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths;
"Washington Utilities and Transportation Commission" or 'WUTC" means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
"Wireline" means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Section 3. Amendment to MMC Chapter 19.14. MMC Chapter 19.14 — Small Wireless
Deployment is hereby repealed and replaced in its entirety as follows:
IVIIVIC 19.14 — Small Wireless Facility Deployment
Sections:
19.14.010
Application process.
19.14.020
Small wireless facility permit application.
19.14.030
Review process.
19.14.040
Permit requirements.
19.14.050
Modifications.
19.14.060
Consolidated permit.
19.14.070
Annual inspection required.
19.14.080
Appeals.
19.14.090
Removal of abandoned facilities.
19.14.010 Application process.
A. Any application for a small wireless facility both inside and outside of the city's right-of-
way shall comply with the application requirements for a small wireless facility permit described
in this chapter. For small wireless facilities inside the city right-of-way, the applicant must also
comply with the requirements pursuant to MMC 19.12.
B. Consistent with MMC 19.14.060 all permits, and leases necessary for the deployment of
small wireless facilities and, if applicable an application for franchise, shall be consolidated for
review and a decision rendered to the full extent feasible consistent within the presumptive
timeframes established within federal and state law. Applicants are allowed to apply for
franchises or leases independently of an application for a small wireless facility permit.
C. The City and applicant for a franchise and other permits associated with the deployment
of small wireless facilities face challenges in coordinating applicable legislative and
administrative processes under the Federal Communications Commission (FCC) regulations.
Accordingly, in order to manage its rights -of -way in a thoughtful manner which balances the
need to accommodate new and evolving technologies with the preservation of the natural and
aesthetic environment of the City, the City of Medina has adopted this administrative process for
the deployment of small wireless facilities. Applicants are encouraged and expected to provide
all related applications listed in subsection (D) for each facility in one submittal, unless they
have already obtained a franchise or lease.
Ordinance No. 974 Page 6 of 14
D. The Director is authorized to establish franchise and other application forms to gather
the information required by these ordinances from applicants and to determine the
completeness of an application as provided herein.
1. Franchise. The process typically begins with and depends upon approval of a
franchise for the use of the city right-of-way to deploy small wireless facilities if any
portion of the applicants facilities are to be located in the City right-of-way. An applicant
with a franchise for the deployment of small wireless facilities in the City may apply
directly for a small wireless facility permit and related approvals. An applicant at its
option may utilize phased deployment.
2. Small Wireless Facility Permits. The application requires specification of the
small wireless facility components and locations as further required in the small wireless
permit application described in MMC 19.14.020. Prior to the issuance of a small wireless
facility permit, the applicant shall pay a permit fee in an amount as determined by the
City Council and adopted by resolution, or the actual costs incurred by the City in
reviewing such permit application.
3. Associated Permits). The applicant shall attach all associated required permit
applications including but not limited to applications required under MMC 19.12, and
applications or check lists required under the City's Critical Areas, Shoreline or SEPA
ordinances. Applicants for deployment of small wireless facilities in City Design Zones
or for new poles shall also comply with the requirements in MMC 20.38.080.
4. Leases. An applicant who desires to attach a small wireless facility to any
structure owned by the City shall include an application for a lease as a component of its
application. Leases for the use of public property, structures, or facilities shall be
submitted to the City Council for approval.
19.14.020 Small wireless facility permit application.
The following information shall be provided by all applicants for a small wireless facility permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third party. Detailed
schematics and visual renderings of the small wireless facilities, including engineering and
design standards, shall be provided by the applicant. The application shall have sufficient detail
to identify:
1. The location of overhead and underground public utility, telecommunication,
cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50
feet of the proposed project area (which the project area shall include the location of the
fiber source and power source). Further, the applicant shall include all existing and
proposed improvements related to the proposed location, including but not limited to
Ordinance No. 974 Page 7 of 14
poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50
feet from the proposed project area.
2. The specific trees, structures, facilities, lines and equipment, and obstructions, if
any, that the applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
3. The construction drawings shall also include the applicants plan for electric and
fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect
switches, emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility, to the extent to which the applicant is
responsible for installing such electric and fiber utilities, conduits, cables, and related
improvements. Where another party is responsible for installing such electric and fiber
utilities, conduits, cables, and related improvements, applicants construction drawings
shall include such utilities to the extent known at the time of application, but at a
minimum applicant must indicate how it expects to obtain fiber and electric service to the
small wireless facility.
4. Compliance with the aesthetic requirements of MIVIC 20.38.070 or with MMC
20.38.080 as applicable.
B. The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. For locations outside the city
right-of-way, to extent that the pole or structure is not owned by the property owner, the
applicant shall demonstrate in writing that they have authority from the property owner to install
the small wireless facility on the pole or structure. Submission of the lease agreement between
the owner and the applicant is not required. For city -owned poles or structures, the applicant
must obtain a lease from the City prior to or concurrent with the small wireless facility permit
application and must submit as part of the application the information required in the lease for
the City to evaluate the usage of a specific pole or structure.
C. The applicant can batch multiple small wireless facility sites in one application. The
applicant is encouraged to batch small wireless facility sites when they are proposed for
approval at the same time and are in a contiguous service area or use the same design.
D. Any application for a small wireless facility located in the city right-of-way adjacent to a
parcel zoned for residential use shall demonstrate that it has considered the following:
1. Whether a small wireless facility is currently installed on an existing pole in front
of the same residential parcel. If a small wireless facility exists, then the applicant shall
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
2. Whether the proposed small wireless facility can be screened from residential
view by choosing a pole location that is not directly in front of a window or views.
E. Any application for a small wireless facility permit which contains an element which is not
exempt from SEPA review shall simultaneously apply under Chapter 43.21 C RCW and Chapter
MIVIC 18.04. Further, any application proposing small wireless facilities in Shoreline
Ordinance No. 974 Page 8 of 14
Management Zones (pursuant to MMC 20.60) or in Critical Areas (pursuant to MMC 20-50)
must indicate that the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of
the proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the small wireless facility will operate. If facilities which
generate RF radiation necessary to the small wireless facility are to be provided by a third party,
then the small wireless facility permit shall be conditioned on an RF Certification showing the
cumulative impact of the RF emissions on the entire installation. The applicant may provide one
emissions report for the entire small wireless facility deployment if the applicant is using the
same small wireless facility configuration for all installations within that batch or may submit one
emissions report for each subgroup installation identified in the batch.
G. The applicant shall provide proof of FCC license and other regulatory approvals required
to provide the service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that the construction plans and final construction of the small wireless facilities
and structure or pole and foundation are designed to reasonably withstand required loads as
well as wind and seismic loads, or in the case of a utility owned structure, written confirmation
that the pole will support the additional loads.
I. Applicant materials required for a building permit and a right of way permit to the extent
applicable.
J. An initial build out plan as of the date of the application that includes the applicant's
proposed plan for deployment of small wireless facilities within the City. The city's preference is
for the applicant to provide a two (2) year proposed build out plan. The initial build out plan shall
include the following:
1. A list of the actual and proposed locations of the applicant's small wireless
facilities.
2. A 500-scale map (1 inch equals 500 feet) of the City depicting the geographic
location and boundaries of the actual and proposed locations of the applicant's small
wireless facilities.
K. Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the technological and structural safety of City -
owned structures and to formulate and publish application questions for use when an applicant
seeks to attach to City -owned structures.
L. Such other information as the Director, in his/her discretion, shall deem appropriate to
effectively evaluate the application based on technical, engineering, and aesthetic
considerations.
19.14.030 Review process.
Ordinance No. 974 Page 9 of 14
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. In any zone, upon application for a small wireless facility permit, the City will
permit small wireless facility on existing or replacement utility poles or other structures
conforming to the City's generally applicable development and design standards
adopted pursuant to MMC 20.38.070.
2. Vertical clearance shall be reviewed by the Director to ensure that the small
wireless facilities will not pose a hazard to other users of the rights -of -ways.
3. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, traffic
warrants, city ordinances, and state and federal statutes and regulations in order to
provide a clear and safe passage within the rights -of -way. Further, the location of any
replacement pole or new pole must: be physically possible, cannot obstruct vehicular
or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g.,
fire hydrants, traffic control devices), and not adversely affect the public welfare,
health, or safety.
4. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
5. Small wireless facilities may not encroach onto or over private property or
property outside of the right of way without the property owner's express written
consent.
B. Final Decision. Small wireless facilities on existing replacement, or new infrastructure
shall be reviewed and approved by the Director. The Director's decision is final.
C. Eligible Facilities Requests. The design approved in a small wireless facility permit shall
be considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in MMC 20.37.190 when the modification does not defeat the
concealment elements of the small wireless facility.
D. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 USC §253 and 47 USC §332 and other applicable statutes,
regulations and case law. Applicants for franchises and the small wireless facility permits shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers, utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement, or cumulative
impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have
the effect of prohibiting the ability of an applicant to provide telecommunications services.
E. Collaborative Review. The Director may request the applicant produce a representative
to collaboratively review application materials with City staff on an as needed basis no more
than once per week during the course of the City's review. The required applicant
representative may include an engineer and/or a siting specialist with sufficient understanding of
the project to knowledgeably address questions or concerns the City may have on the
Ordinance No. 974 Page 10 of 14
application. The City must provide seven (7) days' notice to applicant of the date, time, location,
anticipated scope of review, and requested participants for the meeting.
F. Public Notice and Informational Meeting Requirement. Within 15 days of submission of
a complete application, the applicant shall provide written notification for each application, or
batch applications to all property owners within five hundred (500) feet of the proposed
location(s) and notice of the informational meeting, as part of the permit submittal. Only one
informational meeting per application or batched application is required. The notice shall include
the following:
1. The date, and time for the informational meeting. All informational meetings shall
be held at Medina City Hall with at least one City staff member present.
2. A description of the proposed instaliation, including the proposed dimensions,
design, color, type of facility, proposed location, identification of alternative locations that
would meet project objectives, and the date of the informational meeting. In lieu of
providing all of this information as part of the notice, the applicant may produce a
webpage containing this information and direct residents to its location.
3. A rendering of the proposed facility shall be included in the notification.
4. The applicant shall provide the City with a distribution list of property owners and
a copy of the materials distributed.
The applicant shall hold the informational meeting for the public within 30 days of submission of
a complete application. These informational meetings are for the public's information and are
neither hearings nor part of any land use appeal process.
G. Withdrawal. Any applicant may withdraw an application submitted pursuant to MMC
19.14.020 at any time, provided the withdrawal is in writing and signed by all persons who
signed the original application or their successors in interest. When a withdrawal is received,
the application shall be deemed null and void. If such withdrawal occurs prior to the Director's
decision, then reimbursement of fees submitted in association with said application shall be
prorated to withhold the amount of City costs incurred in processing the application prior to time
of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall
be no refund of all or any portion of such fee.
H. Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to MMC 19.14.020 by the Director within sixty (60) days of notice by the
Director shall be deemed a denial of that application, unless an extension period has been
approved by the Director.
19.14.040 Permit requirements.
A. The permit holder shall comply with all of the requirements within the small wireless
permit.
B. Post -Construction As-Builts. Within sixty (60) days after construction of the small
wireless facility, the permit holder shall provide the City with as-builts of the small wireless
facilities demonstrating compliance with the permit and site photographs.
Ordinance No. 974 Page 11 of 14
C. Permit Time Limit. Construction of the small wireless facility must be completed within
twelve (12) months after the approval date by the City. The permit holder may request one (1)
extension to be limited to six (6) months, if the permit holder cannot construct the small wireless
facility within the original twelve (12) month period.
D. Site Safety and Maintenance. The permit holder must maintain the small wireless
facilities in safe and working condition. The permit holder shall be responsible for the removal
of any graffiti or other vandalism and shall keep the site neat and orderly, including but not
limited to following any maintenance or modifications on the site.
E. Operational Activity. The permit holder shall commence operation of the small wireless
facility no later than six (6) months after installation. The grantee may request one (1) extension
to be limited to six months if the permit holder can show that such operational activity is delayed
due to factors outside the control of the grantee.
F. Security. Security of the small wireless facility is an integral component of operation. The
applicant shall comply with any federal order regarding the security of its telecommunications
network.
19.14.050 Modifications.
A. If a small wireless facility permit holder desires to make a modification to an existing
small wireless facility, including but not limited to expanding or changing the antenna type,
increasing the equipment enclosure, placing additional pole -mounted or ground -mounted
equipment, or modifying the concealment elements, the applicant shall apply for a small
wireless facility permit or eligible facilities request as may be required by MMC 20.37.190.
B. Each small wireless facility permit holder shall conduct new RF emissions testing upon
modification of a permitted small wireless facility or if the FCC requires a new NIER report for
the activity undertaken. The purpose of this test is to validate that the RF emissions are in
compliance with the FCC's regulations and standards.
1. All such tests required by this section shall be performed and certified by a
licensed electrical engineer, or by a person with equivalent capabilities approved by the
City Engineer.
2. Copies of each and every RF emissions test shall be submitted to the City
Engineer on the first day of the month following the month in which the test is performed.
3. If at any time a RF emissions test shows that the RF emissions emanating from a
small wireless facility exceeds the standards established by the FCC, the permit holder
shall immediately notify the City and shall take any and all action to remediate the
problem as required by the FCC. The small wireless facility shall not be reconnected
until the permit holder demonstrates compliance with the FCC requirements.
C. A small wireless facility permit shall not be required for routine maintenance and repair
of a small wireless facility within the rights -of -way, or the replacement of an antenna or
equipment of similar size, weight, and height, provided that such replacement does not defeat
Ordinance No. 974 Page 12 of 14
the concealment elements used in the original deployment of the small wireless facility, does not
impact the structural integrity of the pole, and does not require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facility. Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.12 MMC.
19.14.060 Consolidated Permit
A. The issuance of a small wireless facility permit grants authority to construct small
wireless facilities in the rights -of -way in a consolidated manner to allow the applicant, in most
situations, to avoid the need to seek duplicative approval by both the public works and the
development services department. If the applicant requires a new franchise to utilize the city
right-of-way, the franchise approval shall be consolidated with the small wireless facility permit
review if requested by the applicant. As an exercise of police powers pursuant to RCW
35.99.040(2), the small wireless facility permit is not a right-of-way use permit, but instead a
consolidated public works and land use permit and the City will endeavor to issue small wireless
facility permit within the presumptively reasonable time limits established by federal law for
small wireless facilities.
B. The general standards applicable to the use of the rights -of -way described in IVIMC Title
19 shall apply to all small wireless facility permits.
19.14.070 Annual inspection required.
Each grantee shall conduct an annual inspection of its facilities located within the City, at the
grantee's expense, and complete a written report of its inspection for submission to the City
Engineer. The report shall indicate whether the facility is operational and whether it is operating.
In addition, if the inspection reveals any problems, the report shall include a proposed fix or
correction action plan.
19.14.080 Appeals.
Small wireless facilities permit decisions are final decisions appealable to the King County
Superior Court. Applicant may proceed forward with a permitted project that has been appealed
at applicant's own risk and subject to any subsequent court decision that may impact applicant's
ability to install such facilities.
19.14.090 Removal of abandoned facilities.
A. Any small wireless facility that, after the initial operation of the facility, is not used for the
purpose for which it was intended at the time of filing the application for a continuous period of
twelve (12) months shall be considered abandoned.
B. The telecommunication carrier of such abandoned small wireless facility shall remove
the same within 90 days of receipt of a notice from the City notifying the owner or operator of
such abandonment.
C. Whenever a facility is abandoned or ceases operation, the entire facility shall be
Ordinance No. 974 Page 13 of 14
removed, including, but not limited to, all antennas, antenna supports, feeder lines, ba-9-9
stations, electronic equipment, and the pole upon which the small wireless facility is locate
unless the City determines that such pole shall remain. Failure to remove such an abbandon
facility shall result in declaring the small wireless facility a public nuisance. If there are two
more users • a single pole, then this sUbsection (C) shall not become effective until all use
cease using the pole.
Section 4. Severability. if' any section, sentence, Clause, or phrase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, • phrase of this Ordinance.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are author[Zed to.,
make necessary clerical corrections to this ordinance including, but not limited to, the correction
of scrivenes/clerical errors, references, ordinance numbering, section/subsection numbers and
any references thereto.
Section 6. Effective Date. This ordinance shall be in full force and effective five (5) days frorr
the passage and published in accordance with law.
Passed by the City Council of the City of Medina and approved by the Mayor this 8th day of July
2019.
Cynthi dins, Mayor
Attested to by: Approved as to form:
Aimee Kellerman, City Clerk Scott Missall, City Attorney
a , .
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