015-22 - Ordinance - New Chapter 20.72 Small Cell Wireless Communications FacilitiesDocuSign Envelope ID: OE91833A-F2D1-4FOA-8C34-9E5F36F8ADD2
ORDINANCE NO. 015-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADDING A NEW CHAPTER 20.72 THE PORT ORCHARD MUNICIPAL CODE
REGARDING ZONING FOR SMALL CELL WIRELESS COMMUNICATIONS
FACILITIES, INCLUDING ESTABLISHING PERMITTING PROCEDURES,
PERFORMANCE STANDARDS, EXEMPTIONS, DEFINTIONS, CONDITIONS
AND CRITERIA FOR APPROVAL, STANDARDS FOR DIFFERENT LAND USE
ZONES; AMENDING SECTION 20.39.270 OF THE PORT ORCHARD
MUNICIPAL CODE FOR CONSISTENCY WITH CHAPTER 20.72 AND
CHAPTER 20.70; PROVIDING FOR SEVERABILITY AND CORRECTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the use of data by smart phones and other wireless devices has grown
exponentially in the last ten years; and
WHEREAS, utility poles within the public right-of-way have been identified by the FCC
as a primary resource for the deployment of small cell facilities which are intended to
increase the density and accessibility of radio frequency signals employed by such devices;
and
WHEREAS, the City Council deems it to be in the public interest to revise its zoning
code requirements to specifically deal with small wireless telecommunications facilities to
be located in the right-of-way; and
WHEREAS, the City Council updated its Wireless Communications Facilities code by
adopting a new Chapter 20.70 POMC and believes it is in the public interest to also adopt a
new Chapter 20.72 POMC to address Small Telecommunications Facilities; and
WHEREAS, in order to make Section 20.39.270 of the Port Orchard Municipal Code
consistent with these new chapters, revisions are needed; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed new development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for a 60-day
review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, on April 1, 2022, the City's SEPA official issued a determination of
nonsignificance for the proposed amendments, which was published and provided to the public
in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals;
and
WHEREAS, on March 21, 2022, the City issued a Notice of Public Hearing for the proposed
amendments creating new POMC Chapter 20.70, Chapter 20.72, and amending POMC
20.39.270 which was published and provided to the public in accordance with POMC 20.25.050;
and
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WHEREAS, the City worked collaboratively with the telecommunications providers
to improve the Ordinances; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of
this Ordinance on April 5, 2022, and recommended its adoption by the City Council; and
WHEREAS, the Land Use Committee of the City Council considered this Ordinance
on April 20, 2022; and
WHEREAS, the City Council opted to conduct a 2nd public hearing on the substance
of this Ordinance on May 10, 2022; and
WHEREAS, on April 18, 2022, the City issued a Notice for a 2nd Public Hearing for the
proposed amendments creating new POMC Chapter 20.70, Chapter 20.72, and amending POMC
20.39.270 which was published and provided to the public in accordance with POMC 20.25.050;
and
WHEREAS, the City Council, after careful consideration of the recommendation from
the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, and that the amendments herein are in the best interests of the residents of
the City and further advance the public health, safety and welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby
incorporated as if fully set forth herein.
SECTION 2. Adoption of Chapter 20.72 Small Wireless Communication Facilities.
A new chapter 20.72 entitled "Small Wireless Communication Facilities" is hereby added to the
Port Orchard Municipal Code to read as follows:
CHAPTER 20.72
SMALL WIRELESS COMMUNICATION FACILITIES
Sections:
20.72.010
Purpose and Scope
20.72.020
Exemptions
20.72.030
Definitions
20.72.040
Federal regulatory requirements
20.72.050
Small wireless facility application process
20.72.060
Small wireless facility application requirements
20.72.070
Small wireless facility review criteria and process
20.72.080
Small wireless facility permit requirements
20.72.090
Small wireless facility modification
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20.72.100 Small wireless facility aesthetic, concealment, and design standards
20.72.110 Removal of abandoned small wireless facility
20.72.120 Revocation of permit
20.72.010 Purpose and Scope
1. The purpose of this chapter, in addition to implementing the general purposes of
the Comprehensive Plan and development regulations, is to regulate the activities of permitting,
placement, construction and modification of small wireless facilities in order to protect the
health, safety and welfare of the public while not unreasonably interfering with the development
of a competitive wireless telecommunications marketplace within the City.
2. This chapter provides permitting and review regulations as well as aesthetic,
design and concealment standards for the construction of small wireless facilities both inside and
outside of the public right-of-way. It also provides siting options at appropriate locations within
the City to support existing communications technologies, to adapt to new technologies as
needed, and to minimize associated safety hazards and visual impacts. The siting of small wireless
facilities on existing buildings and structures, colocation of facilities on a single support structure
and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce
visual clutter in the City.
20.72.020 Exemptions
The following facilities are exempt from the provisions of this chapter and shall be
permitted consistent with the applicable development standards outlined in the Land Uses Table
in POMC 20.39.040:
1. Wireless Communications Facilities ("WCFs") used for temporary emergency
communications in the event of a disaster, or emergency preparedness, and for any other public
health or safety purpose, including, by way of illustration and not limitation, any communications
systems utilized by first responders such as police or fire.
2. Industrial processing equipment and scientific or medical equipment using
frequencies regulated by the FCC.
3. Citizen band radios or antennas operated by federal licensing amateur ("ham")
radio operators.
4. Satellite dish antennas less than two meters in diameter, including direct -to -
home satellite services, when used as secondary use of the property.
5. Automated meter reading ("AMR") facilities for collecting utility meter data for
use in the sale of utility services, except for WIP and other antennas greater than two feet in
length, so long as the AMR facilities are within the scope of activities permitted under a valid
franchise agreement between the utility service provider and the city.
6. Eligible facilities requests. See POMC Section 20.70.200.
20.72.030 Definitions
For the purposes of this chapter, the following terms shall have the meaning ascribed to
them below.
1. "Antenna(s)" in the context of small wireless facilities and consistent with 47 CFR
1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting
radiofrequency ("RP) radiation, to be operated or operating from a fixed location pursuant to
FCC authorization, for the provision of personal wireless and any commingled information
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services. For the purposes of this definition, the term "antenna" does not include an
unintentional radiator, mobile station, or device authorized by 47 CFR Title 15.
2. "Antenna equipment," consistent with 47 CFR 1.1320(d), means equipment,
switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna,
located at the same fixed location as the antenna, and when collocated on a structure, are
mounted or installed at the same time as the antenna.
3. "Applicant" means any person submitting an application for a small wireless
facility permit pursuant to this Chapter.
4. "Collocation" means:
a. Mounting or installing antenna equipment on a preexisting structure; and/or
b. Modifying a structure for the purpose of mounting or installing antenna
equipment on that structure.
5. "Director" means the Community Development Director or designee.
6. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house
and protect electronic or other associated equipment necessary for processing wireless
communication signals. "Associated equipment" may include, for example, air conditioning,
backup power supplies, and emergency generators.
7. "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.
8. "Permittee" means a person who has applied for and received a small wireless
facility permit pursuant to this chapter.
9. "Personal wireless services" means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
10. "Person" includes corporations, companies, associations, joint stock companies,
firms, partnerships, limited liability companies, other entities, and individuals.
11. "Public right-of-way" or "right-of-way" means land acquired or dedicated for
public roads and streets but does not include:
a. State highways;
b. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
c. Structures, including poles and conduits, located within the right-of-way;
d. Federally granted trust lands or forest board trust
lands;
e. Lands owned or managed by the state parks and recreation commission; or
f. Federally granted railroad rights -of -way acquired under 43 U.S.C. 912 and
related provisions of federal law that are not open for motor vehicle use.
12. "Service provider" shall be defined in accord with RCW 35.99.010(6). "Service
provider" shall include those infrastructure companies that provide telecommunications
services or equipment to enable the construction of wireless communications.
13. "Small wireless facility" shall mean a wireless telecommunication facility that
meets both of the following qualifications:
a. Each antenna is located inside an antenna enclosure of no more than three
cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna
and all of its exposed elements could fit within an imaginary enclosure of no more than
three cubic feet; and
b. All other equipment associated with the facility (excluding antennas) is
cumulatively no more than 28 cubic feet in volume.
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Provided, however, if there is a conflict between this definition and the definition contained
under federal law (47 CFR 1.6002(I)) then the federal law definition shall apply.
14. "Stealth Technique" means stealth techniques specifically designated as such at
the time of the original approval of the small wireless facility for the purposes of rendering the
appearance of the small wireless facility as something fundamentally different than a small
wireless facility including but not limited to the use of non -reflective materials, appropriate
colors, and/or a concealment canister.
15. "Structure" means a pole, tower, base station, or other building, whether or not
it has an existing antenna equipment, that is used or to be used for the provision of personal
wireless service (on its own or commingled with other types of services).
16. "Telecommunications service" shall be defined in accord with RCW
35.99.010(7).
17. "Tower" means any structure built for the sole or primary purpose of supporting
any FCC -licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communication 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 and the associated site.
18. "Traffic signal pole" means any structure designed and used primarily for
support of traffic signal displays and equipment, whether for vehicular or non -motorized users.
19. "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 communication 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.
20. "Unified enclosure" means a small wireless facility providing concealment of
antennas and equipment within a single enclosure.
21. "Utility pole" means a structure designed and used primarily for the support of
electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or
pedestrian paths.
22. "Wireless communications facilities" or "WCF"
means facilities used for personal wireless services.
23. "Wireline" means services provided using a physically tangible means of
transmission including, without limitation, wire or cable, and the apparatus used for such
transmission.
20.72.040 Federal Regulatory Requirements
A. These provisions shall be interpreted and applied in order to comply with the provisions
of federal law. By way of illustration and not limitation, any small wireless facility that has been
certified as compliant with all FCC and other government regulations regarding the human
exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns.
B. Small wireless facilities shall be subject to the requirements of this Code to the extent
that such requirements:
1. Do not unreasonably discriminate among providers of functionally equivalent
services; and
2. Do not prohibit or have the effect of prohibiting the ability of any entity to provide
intrastate or interstate wireless service.
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20.72.050 Small Wireless Facility Application Process
A. Applicability. Any application for a small wireless facility both inside and outside of the
public 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 right-of-way, the
applicant must also comply with the requirements pursuant to Title 12 POMC.
B. Completeness. An application for a small wireless facility is not complete until the
applicant has submitted all the applicable items required by POMC Section 20.72.060 and, to
the extent relevant, has submitted all the applicable items in POMC Section 20.72.050.0 and
the City has confirmed that the application is complete. Franchisees with a valid franchise for
small wireless facilities may apply for a small wireless permit for the initial or additional phases
of a small wireless facilities deployment at any time subject to the commencement of a new
completeness review time period for permit processing.
C. Application Components. The Director is authorized to establish franchise and other
application forms to gather the information required from applicants to evaluate the
application and to determine the completeness of the application as provided herein. The
application shall include the following components as applicable:
1. Franchise. If any portion of the applicant's facilities are to be located in the right-
of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the
requirements in Title 12 POMC. An application for a franchise may be submitted concurrently
with an application for small wireless facility permit(s).
2. Small Wireless Facility Permit. The applicant shall submit a small wireless facility
permit application as required in the small wireless facility application requirements
established in POMC Section 20.72.060 and pay the applicable permit fee as set forth in the
fee schedule adopted by resolution of the City Council and which may be amended by the City
Council from time to time.
3. Associated Application(s) and Checklist(s). Any application for a small wireless
permit which contains an element not categorically exempt from SEPA review shall
simultaneously apply under Chapter 43.21C RCW and POMC Title 20. Further, any application
proposing small wireless facilities in a shoreline area (pursuant to POMC Chapter 20.164) or in
any critical area (pursuant to POMC Chapter 20.162) shall indicate why the application is
exempt or comply with the review processes in such codes. Applications for small wireless
facilities for new poles shall comply with the requirements in POMC Section 20.72.100.E.
4. Leases. An applicant who desires to attach a small wireless facility on any utility
pole, light pole, or other structure or building owned by the City shall obtain a lease as a
component of its application. Utility poles and the use of other public property, structures or
facilities including, but not limited to any park land or facility, any utility land or facility, require
City Council approval of a lease or master lease agreement.
20.72.060 Small Wireless Facility Application Requirements
The following information shall be provided by all applicants for a small wireless 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. The
applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and
power connections necessary for and intended for use in the small wireless facilities system
regardless of whether the additional facilities are to be constructed by the applicant or leased
from a third party to the extent known by the applicant at the time of application. The applicant
shall provide detailed schematics and visual renderings of thesmall wireless facilities, including
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engineering and design standards. The application shall have sufficient detail to identify:
1. The location of overhead and, to the extent applicable, underground public
utilities, 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
poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of
the proposed project area.
2. The specific trees, structures, improvements, facilities, lines and equipment, and
obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate
and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
significant landscaping to be disturbed during construction. The applicant is discouraged from
cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed
the applicant must comply with applicable provisions of Chapter 20.129 POMC.
3. The applicant's plan for fiber and power service, all conduits, cables, wires, handholds,
junctions, meters, disconnect switches 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 fiber and power service, conduits, cables, and related
improvements. Whereanother party is responsible for installing such fiber and power service,
conduits, cables, and related improvements, applicant's 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 power and fiber service to the small wireless facility.
4. A photometric analysis of the roadway and sidewalk within 150 feet of the existing
light if the site location includes a new or replacement light pole.
5. Compliance with the applicable aesthetic requirements pursuant to POMC
Section 20.72.100.
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. Such written approval
shall include approval of the specific pole. For City -owned poles or structures, the applicant
shall obtain a lease from the City prior to or concurrent with the small wireless facility permit
application so the City can evaluate the use of a specific pole.
C. The applicant is encouraged to batch the small wireless facility sites within an
application in a contiguous service area and/or with similar designs.
D.The applicant shall submit a sworn affidavit signed by a Radio Frequency (RF) engineer
with knowledge of the proposed project affirming that the small wireless facility 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 that generate RF radiation necessary to the small wireless facility are
to be provided by a third party, then the small wireless permit shall be conditioned on an RF
certification showing the cumulative impact of the RF emissions from the entire installation.
The applicant may provide one emissions report for the entire batch of small wireless facility
applications 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.
E. The applicant shall provide proof of FCC or other regulatory approvals required to
provide the service(s) or utilize the technologies sought to be installed.
F. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that construction plans of the small wireless facilities and structure or pole and
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foundation are designed to reasonably withstand wind and seismic loads as required by
applicable codes.
G. A right-of-way use permit application as required by POMC Section 12.04.030.
H. Proof of a valid City of Port Orchard business license.
I. Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the structural safety of City -owned poles and
structures, and to formulate and publish application questions for use when an applicant seeks
to attach to City -owned poles and structures.
J. Such other information as the Director, in his/her reasonable discretion, shall deem
appropriate to effectively evaluate the application based on technical, engineering and
aesthetic considerations.
20.72.070 Small Wireless Facility Review Criteria and Process
A. The following provisions relate to the review of applications for a small wireless facility
permit:
1. In any zone, upon application for a small wireless permit, the City will permit small
wireless facilities only when the application meets the criteria of Chapter 20.72 POMC.
2. Vertical clearance shall be reviewed by the Director to ensure the small wireless
facilities will not pose a hazard to other users of the rights -of -way.
3. Replacement poles, new poles, and ground- mounted equipment shall only be
permitted pursuant to the applicable standards in POMC Section 20.72.100.
4. No equipment shall be operated so as to produce noise in violation of POMC
9.24.050 or Chapter 173-60 WAC.
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
pursuant to POMC Section 20.72.100.A.1.
B. Decision. All small wireless facility applications shall be reviewed and approved or denied
by the Director. The Director's decision shall be final and is not subject to appeal under City
code or further review by the City.
C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an
eligible facility request so long as the expansion:
1. does not defeat the specifically designated stealth techniques; and
2. incorporates the aesthetic elements required as conditions of approval set forth
in the original small wireless facility approval in a manner consistent with the rights granted an
eligible facility; and
3. does not exceed the conditions of a small wireless facility as defined by 47 CFR
1.6002(I).
D. Public Notice. The City shall provide notice of a complete application for a small wireless
permit on the City's website with a link to the application. Prior to construction, the applicant
shall provide notice of construction to all impacted property owners within 100 feet of any
proposed small wireless facility via a doorhanger that shall include an email contact and
telephone number for the applicant. Notice is for the public's information and is not a part of a
hearing or part of the land use appeal process.
E. Withdrawal. Any applicant may withdraw an application submitted 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 reduced to
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withhold the amount of actual and objectively reasonable 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.
F. Supplemental Information. Failure of an applicant to provide supplemental information
as requested by the Director within 60 days of notice by the Director shall be grounds for denial
of that application unless an extension period has been approved by the Director. If no
extension period has been approved by the Director, the Director shall notify the applicant in
writing that the application is denied.
G.Consolidated Permit. The issuance of a small wireless 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 Community Development departments. 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 issuance of a small
wireless facility permit shall be governed by the time limits established by federal law for small
wireless facilities. The general standards applicable to the use of the rights -of -way described
in Chapter 12.04 POMC shall apply to all small wireless facility permits.
20.72.080 Small Wireless Facility Permit Requirements
A. Permit Compliance. The permittee shall comply with all of the requirements within the
small wireless facility permit.
B. Post -Construction As-Builts. Upon request, the permittee shall provide the City with as-
builts of the small wireless facilities within 30 days after construction of the small wireless
facility, demonstrating compliance with the permit, visual renderings submitted with the
permit application and any site photographs taken.
C. Construction Time Limit. Construction of the small wireless facility must be completed
within 12 months afterthe approval date bythe City. The permittee may request oneextension
of no more than six months, if the permittee provides an explanation as to why thesmall
wireless facility cannot be constructed within the original 12-month period.
D. Site Safety and Maintenance. The permittee must maintain the small wireless facilities
in safe and working condition. The permittee shall be responsible for the removal of any graffiti
or other vandalism of the small wireless facility 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 permittee shall commence operation of the small wireless
facility no later than six months after installation. The permittee may request one extensions
for an additional six-month period if the permittee can show that such operational activity is
delayed due to inability to connect to electrical or backhaul facilities.
20.72.090 Small Wireless Facility Modification
A. If a permittee desires to modify their small wireless facilities, 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 stealth techniques,
then the permittee shall apply for a new small wireless permit.
B. A small wireless permit shall not be required for routine maintenance and repair of a
small wireless facility within the rights- of -way, orthe replacement of an antenna or equipment
of similar size, weight, and height; provided, that such replacement does not defeat the stealth
techniques used in the original small wireless facility and does not impact the structural
integrity of the pole. Further, a small wireless permit shall not be required for replacing
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equipment within the equipment enclosure or reconfiguration of fiber or power to the small
wireless facilities. An annual blanket right-of-way permit will be required for such routine
maintenance, repair, or replacement and can cover all facilities owned by the applicant.
C. Even if a modification is exempt under this Section, any work on a small wireless facility
in or near the right of way which will impact traffic will require an approved traffic management
plan prior to commencing work.
20.72.100 Small Wireless Facility Aesthetic, Concealment, and Design Standards
A. All small wireless facilities shall conform with the following general aesthetic,
concealment, and design standards, as applicable:
1. Except for locations in the right-of-way, small wireless facilities are prohibited on
any property containing a residential use in a residential zone; provided that where small
wireless facilities are intended to be located more than 400 feet from a right-of-way and within
an access easement over residential property, the location may be allowed if:
a. the applicant affirms they have received an access easement from the property
owner to locate the facility in the desired location; and
b. the property owner where the facility will be installed has authority to grant such
permission to locate the facility and related equipment at the designated location pursuant to
the terms of the access easement; and
c. the installation is allowed by, and consistent with, the access easement; and
d. such installation will not frustrate the purpose of the easement or create any
access or safety issue; and
e. the location is in compliance with all land use regulations such as, but not limited
to, setback requirements.
2. In the event power is later undergrounded in an area where small wireless
facilities are located above ground on utility poles, the small wireless facilities shall be removed
and may be replaced with a facility meeting the design standards for new poles in POMC Section
20.72.100.E.
3. Ground -mounted equipment in the rights -of -way is prohibited, unless such
facilities are placed underground, or the applicant can demonstrate that pole -mounted or
undergrounded equipment is technically infeasible. If ground -mounted equipment is
necessary, then the applicant shall submit a stealth technique plan substantially conforming
to the applicable standards in POMC Section 20.72.100.E.3 and comply with the Americans
with Disabilities Act ("ADA"), City construction standards, and state and federal regulations in
order to provide a clear and safe passage within the public rights -of -way. Generators located
in the rights -of -way are prohibited.
4. No signage, message, or identification other than the manufacturer's
identification or identification required by governing law is allowed to be portrayed on any
antenna or equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no larger
than four by six inches); provided, that signs may be permitted as stealth technique where
appropriate and safety signage as required by applicable laws, regulations, and standards is
permitted.
5. 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 the stealth
techniques requirements pursuant to POMC Section 20.72.100.E.3.
6. The design standards in this chapter are intended to be used solely for the
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purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or
applied in a manner which dictates the use of a particular technology. When strict application
of these requirements would render the small wireless facility technically infeasible or
otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design
or concealment may be permitted which provide similar or greater protections from negative
visual impacts to the streetscape.
B. General Pole Standards. In addition to complying with the applicable general standards
in POMC Section 20.72.100.A, all small wireless facilities on any type of utility pole shall
conform to the following general pole design requirements as well as the applicable pole
specific standards:
1. The preferred location of a small wireless facility on a pole is the location with
the least visible impact.
2. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights -of- way when assessing proposed siting locations so as to
not adversely affect the visual character of the City. 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 applicant.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant's ability to provide
telecommunications service in violation of 47 USC 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act, City construction and sidewalk clearance standards, City development
standards, City ordinances, and state and federal laws and regulations in order to provide a
clear and safe passage within the rights -of -way. Further, the location of any replacement or
new pole must: be physically possible, comply with applicable traffic warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health, or safety.
5. Replacement poles shall be located as near as possible to the existing pole, but in
no event further than five feet from the existing pole, and the existing pole shall be removed.
6. Side arm mounts for antennas or equipment must be the minimum extension
necessary, and for wooden poles may be no more than 12 inches off the pole, and for non -
wooden poles no more than six inches off the pole.
7. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as the
host site for a small wireless facility becomes unnecessary, the pole shall not be retained for
the sole purpose of accommodating the small wireless facility and the small wireless facility and
all associated equipment shall be removed.
C. Non -wooden Pole Design Standards. In addition to complying with the applicable
general standards in POMC Section 20.72.100.A and POMC Section 20.72.100.13, small wireless
facilities attached to existing or replacement non -wooden poles inside or outside the right-of-
way shall conform to the following design criteria:
1. Upon adoption of a City standard small wireless facility pole design(s) within the
City's Infrastructure Design and Construction Standards, an applicant shall first consider using
or modifying the standard pole design to accommodate its small wireless facility without
substantially changing the outward visual and aesthetic character of the design. The applicant,
upon a showing that use or modification of the standard pole design is either technically or
physically infeasible, or that the modified pole design will not comply with the City's ADA or
sidewalk clearance requirements and/or would violate electrical or other safety standards, may
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deviate from the adopted standard pole design and use the design standards as described in
this POMC Section 20.72.100.C., subsections 2 through 8. In addition, if the City has not yet
adopted such Infrastructure Design and Construction Standards, then subsection 2 through 8
will apply.
2. Antennas and the associated equipment enclosures (including disconnect
switches and other appurtenant devices) shall be fully concealed within the pole, unless such
concealment is technically infeasible, or is incompatible with the pole design, then the antennas
and associated equipment enclosures must be camouflaged to appear as an integral part of the
pole or flush- mounted to the pole, meaning no more than six inches off of the pole, and must
be the minimum size necessary for the intended purpose, not to exceed the volumetric
dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior
of the pole, the applicant is required to place the equipment enclosure behind any banners or
road signs that may be on the pole; provided, that such location does not interfere with the
operation of the banners or signs, or the small wireless facility.
For purposes of this section, "incompatible with the pole design" may include a
demonstration by the applicant that the visual impact to the pole or the streetscape would be
reduced by placing the antennas and equipment exterior to the pole.
3. The farthest point of any antenna or equipment enclosure may not extend more
than 28 inches from the face of the pole.
4. All conduit, cables, wires, and fiber must be routed internally in the pole. Full
concealment of all conduit, cables, wires, and fiber is required within mounting brackets,
shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
5. An antenna on top of an existing pole may not extend more than 6 feet above
the height of the existing pole and the diameter may not exceed 16 inches, measured at the
top of the pole, unless the applicant can demonstrate that more space is needed. The antennas
shall be integrated into the pole design so that they appear as a continuation of the original
pole, including colored or painted to match the pole, and shall be shrouded or screened to
blend with the pole except for canister antennas, which shall not require screening. To the
extent technically feasible, all cabling and mounting hardware/brackets from the bottom of
the antenna to the top of the pole shall be fully concealed and integrated with the pole.
6. Any replacement pole shall substantially conform to the design of the pole it is
replacing (including but not limited to color, shape and style) or the neighboring pole design
standards utilized within the contiguous right-of-way.
7. The height of any replacement pole and antenna(s) may not extend more than
10 feet above the height of the existing pole or the minimum additional height necessary;
provided, that the height of the replacement pole cannot be extended further by additional
antenna height.
8. The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not be more than
a 25 percent increase of the existing pole measured at the base of the pole, unless additional
diameter is needed in order to conceal equipment within the base of the pole.
D. Wooden Pole Design Standards. In addition to complying with the applicable general
standards in POMC Section 20.72.100.A and POMC Section 20.72.100.13, small wireless
facilities attached to existing or replacement wooden utility poles and other wooden poles
inside or outside the right-of-way shall conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small wireless facility; provided, that the replacement pole
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shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a
further height increase is required and confirmed in writing by the pole owner and that such
height extension is the minimum extension possible to provide sufficient separation and/or
clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole, but may not
increase the height of the existing pole by more than 10 feet, unless a further height increase
is required and confirmed in writing by the pole owner and that such height increase is the
minimum extension possible to provide sufficient separation and/or clearance from electrical
and wireline facilities. A "pole extender" as used herein is an object affixed between the pole
and the antenna for thepurpose of increasing the height of the antenna above the pole. The
pole extender shall be painted to approximately match the color of the pole and shall
substantially match the diameterof the pole measured at the top of the pole.
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the pole
owner in the City.
4. The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall not be more than a 25 percent increase of the
existing utility pole measured at the base of the pole or the otherwise standard size used by the
pole owner.
5. All cables and wires shall be routed through conduits along the outside of the
pole. The outside conduit shall be colored or painted to match the pole. The number of conduits
shall be minimized to the number technically necessary to accommodate the small wireless
facility.
6. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit
shall be colored or painted to match the approximate color of the surface of the wooden pole
on which they are attached.
7. Antennas shall not be mounted more than 12 inches from the surface of the
wooden pole.
8. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna
shall not be more than three cubic feet in volume.
9. A canister antenna may be mounted on top of an existing or replacement wooden
pole, which may not exceed the height requirements described in POMC Section 20.72.100.D.1.
A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in
diameter, measured at the top of the pole and, to the extent technically feasible, shall be
colored or painted to match the pole. The canister antenna must be placed to look as if it is an
extension of the pole. In the alternative, the applicant may install a side -mounted canister
antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface
of the wooden pole. All cables shall be concealed either within the canister antenna or within a
sleeve between the antenna and the wooden pole.
10. The farthest point of any antenna or equipment enclosure may not extend more
than 28 inches from the face of the pole.
11. An omnidirectional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four feet in height and is mounted directly on the
top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the
top of the pole as technically feasible. All cables shall be concealed within the sleeve between
the bottom of the antenna and the mounting bracket.
12. All related antenna equipment, including but not limited to ancillary equipment,
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radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles, shall not be mounted more than six inches from the surface of the pole, unless a further
distance is technically required and is confirmed in writingby the pole owner.
13. Equipment for small wireless facilities must be attached to the wooden pole,
unless otherwise permitted to be ground mounted pursuant to POMC Section 20.72.100.A.3.
The equipment must be placed in the smallest enclosure possible for the intended purpose.
The equipment enclosure and all other wireless equipment associated with the utility pole,
including wireless equipment associated with the antenna, and any preexisting associated
equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be
acceptable if designed to more closely integrate with the pole design and do not cumulatively
exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure(s) behind
any banners or road signs that may be on the pole; provided, that such location does not
interfere with the operation of the banners or signs, or the small wireless facility.
14. An applicant who desires to enclose both its antennas and equipment within one
unified enclosure may do so; provided, that such enclosure is the minimum size necessary for
its intended purpose and the enclosure and all other wireless equipment associated with the
pole, including wireless equipment associated with the antenna and any preexisting associated
equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed
more than six inches from the surface of the pole, unless a further distance is required and
confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be
placed so as to appear as an integrated part of the pole or behind banners or signs; provided,
that such location does not interfere with the operation of the banners or signs.
E. Standards for small wireless facilities on new poles in the rights -of -way. In addition to
complying with the applicable general standards in POMC Section 20.72.100.A and POMC
Section 20.72.100.13, small wireless facilities proposed to be attached to new poles shall
comply with the following:
1. New poles within the rights -of -way are only permitted if the applicant can
establish that:
a. The proposed small wireless facility cannot be located on an existing utility pole,
electrical transmission tower, or on a site outside of the public rights -of -way such as a public
park, public property, building, transmission tower or in or on a nonresidential use in a
residential zone, whether by roof or panel mount or separate structure; and
b. The proposed small wireless facility receives approval for a stealth technique
design, as described in POMC Section 20.72.100.E.3; and
c. The proposed small wireless facility also complies with the Shoreline
Management Act, Growth Management Act, and State Environmental Policy Act, if applicable;
and
d. No new poles shall be located in a critical area or associated buffer required by
the City's Critical Areas ordinance, Chapter 20.162 POMC, except when determined to be
exempt pursuant to said ordinance.
2. An application for a new pole is subject to administrative review by the Director.
3. All new poles shall conform to the City's standard pole design adopted in the City's
Infrastructure Design and Construction Standards. If no existing metered service is available,
the applicant shall provide new metered electrical service. If the City's standard pole design is
technically infeasible, or such standards have not yet been adopted by the City, then the new
pole shall meet the following:
a. The stealth technique design shall include the design of the screening, fencing, or
other concealment technology for the pole, equipment enclosure, and all related transmission
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equipment or facilities associated with the proposed small wireless facility, including but not
limited to fiber and power connections.
b. The stealth technique design should seek to minimize the visual obtrusiveness of
the small wireless facility. The proposed pole or structure should have similar designs to existing
neighboring poles in the rights -of -way, including similar height to the extent technically
feasible. If the proposed small wireless facility is placed on a replacement pole in an area with
design standards, then the replacement pole shall be of the same general design as the pole it
is replacing, unless the Director otherwise approves a variation due to aesthetic or safety
concerns. Any stealth technique design for a small wireless facility on a decorative pole should
attempt to mimic the design of such pole and integrate the small wireless facility into the design
of the decorative pole. Other stealth technique methods include, but are not limited to,
integrating the installation with architectural features or building design components;
utilization of coverings or concealment devices of similar material, color, and texture —or the
appearance thereof —as the surface against which the installation will be seen or on which it
will be installed; landscape design; or other camouflage strategies appropriate for the type of
installation. Applicants are required to utilize designs in which all conduit and wires are installed
internally within the structure. Further, applicant designs should, to the extent technically
feasible, comply with the generally applicable design standards adopted pursuant to POMC
Section 20.72.100.A.
c. If the Director has already approved a stealth technique design either for the
applicant or another small wireless facility along the same public right-of-way or for the same
pole type, then the applicant shall utilize a substantially similar stealth technique design, unless
it can show that such stealth technique design is not technically feasible, or that such design
would undermine the generally applicable design standards adopted pursuant to POW Section
20.72.100.A.
d. Even if an alternative location is established pursuant to POMC Section
20.72.100.E.1.a, the Director may determine that a new pole in the right-of-way is in fact a
superior alternative based on the impact to the City, the stealth technique design, the City's
Comprehensive Plan and the added benefits to the community.
e. Prior to the issuance of a permit to construct a new pole or ground -mounted equipment
in the right-of-way, the applicant must obtain a master lease agreement from the City to locate
such new pole or ground -mounted equipment. This requirement also applies to replacement
poles that are taller than the replaced pole, when the overall height of the replacement pole
and the proposed small wireless facility is more than 60 feet.
F. Standards for small wireless facilities attached to cables. In addition to complying with
the applicable general standards in POW Section 20.72.100.A, all small wireless facilities
mounted on existing cables strung between existing utility poles shall conform to the following
standards:
1. Each strand -mounted facility shall not exceed three cubic feet in volume;
2. Only one strand -mounted facility is permitted per cable between any two
existing poles on an existing cable;
3. The strand -mounted devices shall be placed as close as feasible to the nearest
utility pole, in no event more than five feet from the pole unless that location is technically
infeasible or is not allowed by the pole owner for safety clearance;
4. No strand -mounted device shall be located in or above the portion of the
roadway open to vehicular traffic;
5. Ground -mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in preexisting equipment cabinets or required by a third party
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electrical service provider; and
6. Pole -mounted equipment shall comply with the requirements of POMC Section
20.72.100.A and POMC Section 20.72.100.13.
7. Such strand -mounted devices must be installed to cause the least visual impact
and without excess exterior cabling or wires (other than the original strand).
G.Standards for small wireless facilities attached to existing buildings. In addition to
complying with the applicable general standards in POMC Section 20.72.100.A, all small
wireless facilities attached to existing buildings shall conform to the following design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building's architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of the
existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in
order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order
to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact
of the antennas. Exposed cabling/wiring is prohibited.
6. To the extent technically feasible, small wireless facilities shall be textured and
colored to match the adjacent building surfaces.
20.72.110 Removal of Abandoned Small Wireless Facility
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 of the application for a continuous period
of 12 months shall be considered abandoned, and the owner of such facility shall remove same
within 90 days of receipt of notice from the City notifying the owner of such abandonment.
Failure to remove such abandoned facility shall result in the City declaring the facility a public
nuisance. If there are two or more users of a single pole or structure, then this section shall not
become effective as to require removal of the pole/structure/tower itself until all users cease
using the pole/structure/tower.
20.72.120 Revocation of Permit
A permit issued under this chapter may be revoked, suspended or denied for any one or
more of the following reasons:
1. Failure to comply with any federal, state, or local laws or regulations.
2. Failure to comply with the terms and conditions imposed by the City on the
issuance of a permit.
3. When the permit was procured by fraud, false representation, or omission of
material facts.
4. Failure to comply with federal standards for RF emissions.
SECTION 3. Section 20.39.270 of the Port Orchard Municipal Code is hereby
amended to read as follows:
20.39.270 Wireless Telecommunication facilities.
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(1) "Wireless telecommunication facility" and "wireless communication facility" both
mean-, a facility for the provision of radio waves or wireless telephone or data services and
includes the following:
(a) "Amateur radio operator tower" means a facility used for personal, noncommercial
radio licensed by the Federal Communications Commission.
(b) "Small Ge,14-wireless telecelTIMURiGati^A facility" is a facility that meets the definition
containedin POMC 20.72.030. RqeaRs a wiFelesq t„lpr- M
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(c) "Wireless telecommunication tower" means any mast, pole, monopole, lattice
tower or otherstructure designed and primarily used to support antennas as further
defined in POMC 20.70.200.13 and 20.72.030.
(2) Small Ee4wirelesstelecommunication facilities shall be installed in accordance with
the city'sadopted Public Works and Engineering Standards and Specifications (PWESS and
shall meet therequirements of Chapter 20.72 POMC.
(3) Wireless communication facilities, other than small wireless facilities, shall be
installed in accordance with the requirements of Chapter 20.70 POMC.
SECTION 4. Conflict. In the event of a conflict between this Ordinance, and any Ordinance
or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any International
Building Code shall supersede.
SECTION S. Corrections. Upon the approval of the city attorney, the city clerk and/or code
publisher is authorized to make any necessary technical corrections to this ordinance, including
but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
SECTION 6. Severability. If any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
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SECTION 7. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of sur6ocu§age�bthis 10th
day of May 2022.
btJ'f P4MA sup.
Robert Putaansuu, Mayor
ATTEST:
randy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
FD
/ocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: May 13, 2022
EFFECTIVE DATE: May 18, 2022
SPONSOR:
Jay r,
p Coun it embe