13-9-6: PERMITS AND SHOT CLOCKS:
   A.   No person may place, construct, reconstruct, modify or operate a wireless communications services facility, subject to this chapter, without first having in place a master permit agreement for right-of-way locations with a subsequent right-of-way permit and/or a building permit, as applicable, issued in accordance with this chapter. Except as otherwise provided herein, the requirements of this chapter are in addition to the applicable requirements of this title and Title 8 (Public Ways and Property) and Title 11 (Critical Areas and Shoreline Management) of this code.
   B.   Applications will be reviewed based on the type of wireless communications services facilities requested to be permitted. Each wireless communications services facility requires the appropriate type of project permit review, as shown in Table A. In the event of uncertainty on the type of a wireless facility, the City Administrator or designee shall have the authority to determine what permits are required for the proposed facility.
TABLE A
 
Request
Location
Building Permit Required
Right-Of-Way (ROW)
Permit Required
FCC Shot Clocks For Permit Review
Eligible facilities request
Existing tower or base station
Yes, if any elements on private property
Yes, if any elements in the ROW
60 days
New macro facility
Co-location
Yes, if any elements on private property
Yes, if any elements in the ROW
90 days
New macro facility
New structure or monopole (see section 13-9-4 of this chapter, prohibited locations, and subsection 13-9-5B2 of this chapter for C permit)
Yes, if any elements on private property
Yes, if any elements in the ROW
150 days
Small wireless facility (small cell node)
Co-location
Yes, if any elements on private property
Yes, if any elements in the ROW
60 days
Small wireless facility (small cell node)
New structure or freestanding small cell pole
Yes, if any elements on private property
Yes, if any elements in the ROW
90 days
Temporary facility
Varies
Yes, if applicable
Yes, if any elements in the ROW
Standard permit quotes
 
   C.   Timelines:
      1.   Macro Cell: The application review period begins when all required application materials have been received and fees paid. If the City determines that the application is incomplete and provides notice to the applicant within thirty (30) calendar days of the date of application, the clock stops. The clock restarts when the City receives the applicant's supplemental submission in response to the City's notice of incompleteness. For subsequent determinations of incompleteness, the clock tolls (pauses) if the City provides written notice within ten (10) days that a supplemental submission did not provide the requested information. For new structures or monopoles, see section 13-9-5 (B)(2) above for C Permit requirement.
      2.   Small Wireless Facility (Small Cell Node): The application review period begins when all required application materials have been received and fees paid. If the City determines that the application is incomplete and provides notice to the applicant within ten (10) calendar days of the date of application, the clock stops. The clock resets to zero (0) when the City receives the applicant's supplemental submission in response to the City's notice of incompleteness. For subsequent determinations of incompleteness, the clock tolls (pauses) if the City provides written notice within ten (10) days that a supplemental submission did not provide the requested information.
   D.   Batched Small Wireless Facility (Small Cell Node) applications: If an applicant is applying for a small wireless network in a contiguous service area, multiple identical small wireless facilities may be batched into one application. The City may approve, deny or conditionally approve all or any portion of the small wireless facilities proposed in the application. The denial of one or more small wireless facility locations within one submission shall not be the sole basis for a denial of other locations or the entire batched application for small wireless facilities. Should an applicant file a single application for a batch that includes both collocated and new structures for small wireless facilities, the longer 90-day shot clock shall apply to ensure the City has adequate time to review the new construction sites.
   E.   Any application submitted pursuant to this chapter for projects located on public or private property shall be reviewed and evaluated by the City as described in this chapter. The Public Works Director or his/her designee shall review all proposed wireless communications services facilities that are located partially or fully within the City rights-of-way. All applications will be reviewed and evaluated pursuant to the provisions of this chapter.
   F.   All applications for wireless communications services facilities shall be reviewed for compliance with the applicable design standards. Permits for all macro towers must be approved by the Architectural Design Board.
   G.   The applicant is responsible for obtaining all other permits and approvals from any other appropriate governing body or agency with jurisdiction (i.e., Washington State Department of Labor and Industries, Federal Aviation Administration, Puget Sound Energy, etc.).
   H.   No provision of this chapter shall be interpreted to allow the installation of a wireless communications services facilities which minimizes parking, landscaping, or other site development standards established by this code.
   I.   Wireless communications services facilities that are governed under this chapter shall not be eligible for variances under section 13-6-3 of this code. Any request to deviate from this chapter shall be based solely on the exceptions set forth in this chapter, including alternative methods of compliance under section 13-9-1 (F) of this code.
   J.   Third-Party Review: Applicants may use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communications services facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third-party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require third-party engineering and technical review as part of a permitting process. The costs of the technical third-party review shall be borne by the applicant.
      1.   The selection of the third-party expert is at the discretion of the City. The third-party expert review is intended to address interference and public safety issues and be a site- specific review of engineering and technical aspects of the proposed wireless communications services facilities and/or a review of the applicants' methodology and equipment used, and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the City may require changes to the proposal. The third-party review shall address the following:
         a.   The accuracy and completeness of submissions;
         b.   The applicability of analysis techniques and methodologies;
         c.   The validity of conclusions reached;
         d.   The viability of other site or sites in the City for the use intended by the applicant; and
         e.   Any specific engineering or technical issues designated by the City.
   K.   Notwithstanding other remedies that may be available under federal law, failure of the City to issue permits within or otherwise comply with the FCC shot clock requirements does not provide a "deemed" grant of approval for macro or small wireless facilities, as it does for an eligible facilities request. No work may occur until the permit issues.
(Ord. 2019-1049, 9-25-2019)