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(1) Permit Required. No person shall place a communications facility or small wireless facility or perform any construction activities without first filing an application for and obtaining a small cell permit.

(2) Permitted Use. The following uses outside the public right-of-way, on privately owned property (including within any utility easement, to the extent expressly set forth below), shall be a permitted use, subject to administrative review only and issuance of a permit, and subject to applicant’s legal right to install and operate the communications facility on the property or structure:

(a) Collocation of a small wireless facility or a collocation that qualifies as an eligible facilities request on privately owned property including, without limitation, within a utility easement, consistent with the height and other limitations set forth in PMC 15.100.050.

(b) Modification of a pole, tower or support structure, or replacement of a pole or tower, for collocation of a communications facility on privately owned property (including within a utility easement that contains other existing poles) that qualifies as an eligible facilities request or involves a small wireless facility that does not exceed the limitations set forth in PMC 15.100.050. All other such modifications or replacements are subject to the provisions of Chapter 25.200 PMC, Special Permits, and subject to the City’s design standards and regulations applicable to the construction or placement of such facilities.

(c) Construction of a new pole (or monopole tower), within a utility easement on which there currently exist adjacent poles that are unavailable for joint or collocation due to structural, accessibility or other reasons, to be used for joint or collocation of a small wireless facility (that does not exceed the maximum height set forth in PMC 15.100.050), and the new pole (or monopole tower) is similar in design, size and scale to those of the existing adjacent poles.

(d) Construction of a communications facility, other that those set forth above in this section, 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) All other types of communications facility under this title, for which installation is permitted with administrative review alone.

(f) Joint location of the facilities within or upon an existing communications facility within the pre-approved or previously approved facility location, and meeting the design specifications provided herein.

(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 for joint location exists within, or within 300 feet of, the specific location information identified in subsection (4)(c) of this section, whether space is available for the applicant’s small wireless facility and 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, repair, and replacement, other than to the extent required for applicable permits required under this code.

(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. Unless otherwise provided by applicable laws, all applications for a facility shall be accompanied by the fees as provided in Chapter 3.35 PMC. [Ord. 4465 § 1, 2019; Ord. 4416 § 1, 2019.]