Chapter 18.20
SMALL WIRELESS FACILITY DEPLOYMENT
Sections:
18.20.020 Small wireless land use permit required – Application content.
18.20.040 Permit requirements.
18.20.050 Modifications to small wireless facilities.
18.20.060 Design and concealment standards.
18.20.070 Eligible facilities requests.
18.20.010 Purpose.
In order to balance the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the town, the town of Beaux Arts Village has adopted this process for the deployment of small wireless facilities. The town representative is authorized to establish small wireless facility land use permit and other application forms to gather the information required by this chapter from applicants and to determine the completeness of the application process. “Town representative” for purposes of this chapter shall have the same meaning as given in Chapter 13.25 BAVMC. [Ord. 451 § 1, 2021]
18.20.020 Small wireless land use permit required – Application content.
Small wireless facilities (as defined by 47 CFR 1.6002) shall be a permitted use in all zones within the town of Beaux Arts Village. An applicant to deploy a small wireless facility within the town shall apply for a small wireless facility land use permit. The following information shall be provided by all applicants for a small wireless facility land use permit:
(1) 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, 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:
(a) The specific trees, structures, improvements, 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; and
(b) Compliance with the design standards and aesthetic requirements contained within this chapter.
(2) 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 prior to construction or installation. To the 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. Such written approval shall include approval of the specific pole, and engineering and design standards from the pole owner, unless the pole owner is the town. For town-owned poles or structures, the applicant must obtain a lease from the town prior to or concurrent with the small wireless facility land use permit and must submit as part of the application the information required in the lease for the town to evaluate the usage of a specific pole or structure.
(3) The applicant may batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
(4) Any application for a small wireless facility land use permit located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that it has considered the following:
(a) Whether the proposed small wireless facility could be located on a street corner rather than in the middle of a block.
(b) Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel and, if so, whether collocation on the existing pole is technically feasible.
(c) 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.
(5) Any application for a small wireless facility land use permit which contains an element that is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 16.05 BAVMC. Further, any application proposing small wireless facilities to be located within shoreline management zones must indicate that the application is exempt from shoreline management review; otherwise such application shall comply with the review processes in the town’s shoreline management ordinances and regulations.
(6) 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. The applicant may provide one emissions report for the entire small wireless 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. However, the town recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission sole jurisdiction in the field of regulation of electromagnetic radio frequency emissions, and small wireless facilities that meet Federal Communications Commission standards will not be conditioned or denied on the basis of radio frequency or electromagnetic frequency impacts.
(7) The applicant shall provide proof of applicable FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
(8) A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that both construction plans and final construction of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as established by the International Building Code. Further, the construction drawings shall depict all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, trees and structures within 250 feet from the proposed site. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility.
(9) A traffic control plan developed through consultation with the town engineer (if required by the town representative). [Ord. 451 § 1, 2021]
18.20.030 Review process.
(1) Review. The following provisions relate to review of applications for a small wireless facility land use permit.
(a) Only complete applications for small wireless facility land use permits containing all required submission elements shall be considered by the town. Applications that are not made complete within 60 days of initial submission of application materials shall be deemed withdrawn.
(b) In any zone, upon application for a small wireless facility land use permit, the town will permit small wireless facility deployment on existing or replacement utility poles conforming to the town’s generally applicable development and design standards adopted within this chapter, except as provided in subsection (2) of this section.
(c) For deployments in the public rights-of-way, vertical clearance shall be reviewed by the town representative to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), town construction and sidewalk clearance standards, traffic warrants, town 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, and cannot interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices).
(e) No equipment shall be operated so as to produce noise in violation of town and state codes.
(f) Small wireless facilities may not encroach onto or over private property or property outside of the right of way without a recorded easement from the property owner.
(2) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. 253 and 332 and other applicable statutes, regulations, and case law. Applicants for small wireless facility land use permits shall be treated similarly to other service providers utilizing supporting infrastructure that is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility land use permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(3) Final Decision. The town representative shall review and make a determination on all applications to site small wireless facilities under this chapter. The town representative’s decision shall be final and not appealable to the town hearing examiner.
(4) Shot Clocks. The town shall make every practical effort consistent with any applicable provisions of state or federal law, and the preservation of the town’s health, safety and aesthetic environment, to comply with the federal presumptively reasonable time periods for review of facilities for the deployment of small wireless facilities to the fullest extent possible.
(5) Public Comment. The town shall provide notice of a complete application for a small wireless facility land use permit on the town’s website with a link to the application. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The town shall post meeting notices, if any, for informational meetings on its website. These meetings are entirely within the control of the applicant and are for the public’s information and are neither town hearings nor part of any land use appeal process.
(6) Withdrawal. Any applicant may withdraw an application 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, there shall be no refund of all or any portion of any applicable application fee. [Ord. 451 § 1, 2021]
18.20.040 Permit requirements.
(1) The permittee of any permit granted under this chapter shall comply with all of the requirements within the small wireless facility land use permit. However, additional permits may be required of an applicant prior to construction, such as, but not limited to: a right-of-way use permit, construction permit, and/or shoreline permit.
(2) Permit Time Limit. Construction of the small wireless facility must be completed within six months after the approval date by the town. The permittee may request one extension, to be limited to three months, if the applicant cannot construct the small wireless facility within the original six-month period.
(3) Site Safety and Maintenance. The permittee must maintain the small wireless facilities in a safe and working condition. The permittee 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. [Ord. 451 § 1, 2021]
18.20.050 Modifications to small wireless facilities.
If a permittee 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, then the applicant shall apply for a new small wireless facility land use permit. A small wireless facility land use 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 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 land use 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 Chapter 12.20 BAVMC. Eligible facilities modification requests shall be processed consistent with BAVMC 18.20.070. [Ord. 451 § 1, 2021]
18.20.060 Design and concealment standards.
Small wireless facility deployments within the town shall conform to the following design standards:
(1) Attachment to Existing or Replacement Poles.
(a) A pole at a proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that would exceed the limits contained within the definition of “small wireless facilities” provided in 47 CFR 1.6002(l)(1).
(b) A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by greater than the limits contained within the definition of “small wireless facilities” provided in 47 CFR 1.6002(l)(1). A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose 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 diameter of the pole measured at the top of the pole.
(c) Replacement poles must either match the approximate color and materials of the replaced pole or shall be the standard new pole used by the pole owner in the town.
(d) 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 pole on which they are attached.
(e) Panel antennas shall not be mounted more than 12 inches from the surface of the pole.
(f) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume.
(g) A canister antenna may be mounted on top of an existing pole, which may not exceed the height requirements described in subsection (1)(a) of this section. A canister antenna mounted on the top of a pole 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 propose 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 pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the pole or within the pole.
(h) The furthest point of any antenna or equipment enclosure may not extend more than 20 inches from the face of the pole.
(i) An omnidirectional antenna may be mounted on the top of an existing pole, provided such antenna complies with the height criteria contained in 47 CFR 1.6002(l)(1) 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 or within the pole.
(j) If technically feasible, the pole and small wireless facility overall height should be consistent with the maximum height of residential structures defined in BAVMC 18.10.080 in order to maintain neighborhood character aesthetics and provide the most protection of existing trees, tree canopy, and vegetation.
(k) All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on poles shall have an inside edge within six inches of the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
(l) Equipment for small wireless facilities must be attached to the pole, unless otherwise permitted to be ground mounted pursuant to this chapter. 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 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.
(m) 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 does not exceed 28 cubic feet. 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. 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, a unified enclosure shall be placed so as to appear as an integrated part of the pole or behind any banners or signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
(n) The use of a 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. In the event that the pole serving as the host for a small wireless facility becomes unnecessary and the small wireless facility must be removed, the applicant shall first attempt to site the small wireless facility on a remaining utility pole and may install a new pole at that same location only if such other suitable location does not exist.
(o) The diameter of a replacement pole shall comply with the town’s sidewalk clearance requirements and shall not be more than a 25 percent increase by volume of the existing utility pole measured at the base of the pole.
(p) All cables and wires shall be routed through conduit along the outside of the pole or within the pole. Any 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(ies).
(2) Small wireless facilities attached to existing nonresidential buildings or nonresidential structures other than poles shall conform to the following design criteria:
(a) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building or structure.
(b) 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.
(c) Small wireless facilities shall be painted, colored, and/or textured to match the adjacent building surfaces if doing so does not interfere with the functioning of the equipment.
(3) Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
(a) Each strand-mounted facility shall not exceed three cubic feet in volume;
(b) Only one strand-mounted facility is permitted per cable between any two existing poles;
(c) The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater instance is technically necessary or is required by the pole owner for safety clearance;
(d) No strand-mounted device shall be located in or above the portion of the roadway (public or private) open to vehicular traffic or a private driveway;
(e) Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets;
(f) Pole-mounted equipment shall comply with the requirements of subsections (1) and (2) of this section.
(g) 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).
(4) General Requirements.
(a) Ground-mounted equipment in the rights-of-way is discouraged, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is infeasible for the site or proposed deployment. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan, in which native evergreen plant material for screening will be strongly preferred.
(b) No equipment shall be operated so as to produce noise in violation of local and state regulations.
(c) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), town construction and sidewalk clearance standards, town ordinance, 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. Further, the centerline of any new pole must be aligned with the centerlines of existing poles on the same sidewalk or street segment. Alternate locations will be considered where there is conflict with overhead utility lines and facilities.
(d) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole within 10 days of the installation of the replacement pole.
(e) 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 are permitted as concealment element techniques where appropriate.
(f) Antennas and related equipment shall not be illuminated except for security reasons, as required by a federal or state authority, or unless approved as part of a concealment element plan.
(g) Side-arm mounts for antennas or equipment must be the minimum extension necessary and the inside edge of the antenna or equipment may be no more than 12 inches off the pole.
(h) The preferred location of a small wireless facility on a pole is the location with the least visible impact that preserves existing vegetation within the right-of-way.
(i) Removal of a significant tree or landmark tree, as defined in Chapter 16.25 BAVMC, is prohibited.
(j) If fencing is required for any equipment, chain-link fencing material is prohibited.
(k) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.
(5) Applicants for facilities to be located in the public rights-of way must have a valid franchise agreement. New poles within the rights-of-way or on private roadways (with property owner permission provided prior to construction/installation) are permitted if the applicant affirmatively certifies that:
(a) The proposed small wireless facility cannot be located on an existing pole or structure while meeting deployment objectives;
(b) The proposed small wireless facility meets the aesthetic requirements/design standards contained in this chapter;
(c) For private streets, the property owner has given written permission for the placement of a new pole or that the applicant will have such permission prior to construction or installation;
(d) The proposed small wireless facility complies with the Shoreline Management Act and SEPA, if applicable;
(e) Any new pole shall be installed at the point closest to the side property line as possible.
(6) Prior to construction of a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the town to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles. [Ord. 451 § 1, 2021]
18.20.070 Eligible facilities requests.
(1) Definitions. The following definitions shall apply to eligible facilities requests only as described in this section:
(a) “Applicant” means the entity or person, and such entity or person’s successor in interest, owning and/or operating the transmission equipment proposed in an eligible facilities modification application to be collocated, removed, or replaced.
(b) “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. “Base station” includes, without limitation:
(i) Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small wireless networks).
(iii) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (1)(a) and (b) of this section that has been reviewed and approved under the applicable siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
(iv) The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the town under this section, does not support or house equipment described in subsections (1)(a) and (b) of this section.
(c) “Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
(d) “Conceal” or “concealment” means eligible support structures and transmission facilities designed to look like some feature other than a wireless tower or base station, and that was part of a prior approval.
(e) “Deemed approved” means an eligible facilities modification application that has been deemed approved upon the town’s failure to act, and has become effective, as provided pursuant to the FCC Eligible Facilities Request Rules.
(f) “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving the collocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment.
(g) “Eligible facilities modification application” or “application” shall, unless the context clearly requires otherwise, mean a written document submitted to the town pursuant to this section for review and approval of a proposed facilities modification.
(h) “Eligible facilities modification permit” or “permit” shall, unless the context clearly requires otherwise, mean a written document issued by the town representative pursuant to this section approving an eligible facilities modification application.
(i) “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the town.
(j) “Existing” means a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process of the town, or under any other state, county, or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
(k) “FCC” means the Federal Communications Commission or its successor.
(l) “FCC Eligible Facilities Request Rules” means 47 CFR 1.6100, or as may be hereafter amended.
(m) “Site” shall, for towers other than towers in the public rights-of-way, mean the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, shall mean and be further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.
(n) “Spectrum Act” means the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96; codified at 47 U.S.C. Section 1455(a)).
(o) “Substantial change” means a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater.
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;
(ii) For towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would exceed the thresholds identified in this section.
(p) “Toll” means to stop a review period.
(q) “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 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 and the associated site.
(r) “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.
(2) Application. The town representative shall prepare and make publicly available an eligible facilities request application form used to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
(3) Qualification as an Eligible Facilities Request. Upon receipt of an application for a complete eligible facilities request, the town representative shall review such application to determine whether the application qualifies as an eligible facilities request.
(4) Time Frame for Review. Within 60 days of the date on which an applicant submits a complete eligible facilities request application, less any time period that may be excluded under the tolling provisions of this chapter or a tolling agreement between an applicant and the approval authority, the town representative shall approve the application unless it determines that the application is not subject to this section, or the proposed facilities modification will substantially change the physical dimension of an eligible support structure.
(5) Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is filed and written documentation submitted showing that the proposed modification is an eligible facilities request. The 60-day review period may be tolled only by mutual agreement by the town representative and the applicant or in cases where the town representative determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.
(a) To toll the time frame for incompleteness, the town representative shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. A notice of incompleteness from the town representative will be deemed received by the applicant upon the earlier of personal service upon the authorized person, delivery by electronic mail to the authorized person (if such delivery is authorized for receipt of notice by the authorized person), or three days from deposit of the notice in the United States mail, postage prepaid, and in an envelope properly addressed to the authorized person using the address set forth in the application.
(b) The time frame for review begins running again when the applicant makes a supplemental submission in response to the town representative’s notice of incompleteness.
(c) Following a supplemental submission, the town representative will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(6) Determination that Application Is Not an Eligible Facilities Request. If the town representative determines that the applicant’s request does not qualify as an eligible facilities request, the town representative shall deny the application.
(7) Failure to Act. In the event the town representative fails to approve or deny a request for an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted, except as may be otherwise determined by a court of competent jurisdiction, and shall be subject to generally applicable enforcement and compliance requirements in the same manner as an eligible facilities modification permit issued pursuant to this section. The deemed grant does not become effective until the applicant notifies the town representative in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. [Ord. 451 § 1, 2021]
18.20.080 Appeals.
Permit decisions made by the town representative pursuant to this chapter are final decisions appealable only to superior court. [Ord. 451 § 1, 2021]