15.100.020 Permitted communications facility – Administrative review

15.100.020 Permitted communications facility – Administrative review.

(1) Permitted Uses. The following uses within the public right-of-way shall be a permitted use, subject to administrative review only and issuance of a small cell permit. All such uses shall be in accordance with all other applicable revisions of this chapter:

(a) Collocation of a small wireless facility or a collocation that qualifies as an eligible facilities request.

(b) Modification of a pole, tower, or support structure, or replacement of a pole, for collocation of a communications facility that qualifies as an eligible facilities request, or involves a small wireless facility that does not exceed the maximum size limitations as provided in PMC 15.100.050. All other modifications or replacements that exceed these limitations are subject to securing a special use permit as required by Chapter 25.200 PMC.

(c) Construction of a new pole or a monopole tower (but no other type of tower) to be used for collocation of small wireless facilities that does not exceed the maximum height set forth in PMC 15.100.050.

(d) Construction of a communications facility, other than those set forth above, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct, buried, or in conduit) or aboveground between two or more poles, or a pole and a tower and/or support structure, and related equipment and appurtenances.

(e) Joint location within or upon an existing communications facility within the pre-approved or previously approved facility location or target areas as defined by this chapter and meeting the design specifications provided herein.

(2) Permit Required. No person shall place a facility described above in the public right-of-way without first filing an application for same and obtaining a permit therefor, except as otherwise expressly provided in this chapter.

(3) Proprietary or Confidential Information of Applicant. The City shall make accepted applications publicly available to the extent required by Chapter 42.56 RCW (Public Records Act). Applicant shall designate portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each portion of such materials accordingly. In the event of a public records request for such marked materials, the City shall provide the applicant notice to seek court protection of such records pursuant to RCW 42.56.540.

(4) Administrative Review Application Requirements. The application shall be made by the applicable service provider or its duly authorized representative and shall contain the following:

(a) The applicant’s name, address, telephone number, and email address including emergency contact information for the applicant.

(b) The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

(c) Specific location information including GIS coordinates for all facilities, and a general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work performed.

(d) Detailed construction drawings regarding the proposed facility.

(e) Conduit and/or ground-mounted equipment 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 an infrastructure provider.

(f) To the extent the proposed facility involves collocation on a pole, tower, or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower, or support structure will structurally support the collocation (or that the pole, tower, or support structure will be modified to meet the structural requirements) in accordance with applicable codes.

(g) For any aboveground facilities, visual depictions or representations, if not included in the construction drawings; and for new aboveground facilities, before and after photo simulations.

(h) If a pre-approved facility location capable of joint location exists within 300 feet of the specific location identified in subsection (4)(c) of this section, the applicant shall determine whether space is available for the applicant’s small wireless facility and provide demonstrated technical evidence justifying the applicant’s failure to utilize such site.

(5) Ordinary Maintenance and Replacement. An application shall not be required for ordinary maintenance and replacement, other than to the extent required for such work within the right-of-way, including, but not limited to, street opening permit, right-of-way permit, electrical permit, and street closure permit.

(6) Information Updates. Any material change to information contained in an application shall be submitted in writing to the City within 30 days after the change necessitating the amendment.

(7) Applicable Fees and Rates. All applications required by this chapter shall be accompanied by the fees which shall include:

(a) Application fee.

(b) Make-ready fees and rates including annual right-of-way occupancy rate.