18.70A.040 Application requirements for small wireless facilities.
(1) Any application for a small wireless facility both inside and outside of the right-of-way shall comply with the following 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 Chapter 12.65 CMC.
(2) Consistent with CMC 18.70A.080, all permits, leases, and right-of-way use authorizations necessary for the deployment of small wireless facilities, and if applicable an application for franchise, shall be consolidated for review and a decision rendered to the full extent feasible consistent with the time frames established within Federal and State law.
(3) In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Covington has adopted this administrative process for the deployment of small wireless facilities. The City and applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission regulations. A franchise for the use of the City’s right-of-way is a contract which requires approval by the City Council. The small wireless permits and any other land use or other permit application submitted pursuant to this chapter shall be reviewed and issued by the Director. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise.
(4) The Director is authorized to establish franchise and other application forms to gather the information required by this chapter from applicants and to determine the completeness of the application process as provided herein.
(a) Franchise. The process typically begins with and depends upon approval of a franchise for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities is to be located in the right-of-way. An applicant with a franchise for the deployment of small wireless facilities in the City may proceed to directly apply for a small wireless facility permit and related approvals. An applicant at its option may utilize phased development.
(b) Small Wireless Facility Permits. The application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in subsection (5) of this section. Prior to the issuance of a small wireless facility permit, the applicant shall pay a permit fee in an amount as determined by the City Council and adopted by resolution, or the actual costs incurred by the City in reviewing such permit application.
(c) Associated Permit(s). The applicant shall attach all associated permits requirements such as applications or checklists required under the critical areas, shoreline or SEPA ordinances. Applications for deployment of small wireless facilities in City design zones or for new poles shall comply with the requirements in CMC 18.70A.110.
(d) Leases. An applicant who desires to attach a small wireless facility to any utility pole within the rights-of-way and owned by the City shall include an application for a lease as a component of its application. The City Council authorizes the Director to approve leases for small wireless facilities for City-owned light poles located in the right-of-way. Leases for the use of other public property, structures or facilities shall be submitted to the City Council for approval.
(5) 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. 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:
(i) The location of overhead and underground public utility, telecommunication, cable, water, adjacent lighting, sewer, drainage and other lines and equipment within 50 feet of the proposed project area (for 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 from the proposed project area.
(ii) 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 areas to be disturbed during construction.
(iii) 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 cell facility, to the extent that the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.
(iv) If the site location includes a replacement light pole that is located five feet or more from the existing light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk within 150 feet of the existing light.
(v) Compliance with the aesthetic requirements of CMC 18.70A.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. To extent that the pole or structure is not owned by the applicant, the applicant shall demonstrate in writing that they have authority from the pole owner to install the small wireless facility on the pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards, as well as assurances that the specific pole can withstand wind and seismic loads, from the pole owner, unless the pole owner is the City. Submission of the lease agreement between the pole owner and the applicant is not required. If the proposed small wireless facility is not within the rights-of-way, the applicant must provide written approval from the property owner. For City-owned poles or structures, the applicant must obtain a lease from the City prior to or concurrent with the small wireless permit application and must submit as part of the application the information required in the lease for the City to evaluate the usage of a specific pole.
(c) The applicant can 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.
(d) Any application for a small wireless permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 16.10 CMC. Further, any application proposing small wireless facilities in shoreline management zones (pursuant to Chapter 16.05 CMC) or in critical areas (pursuant to Chapter 18.65 CMC) must indicate that the application is exempt or comply with the review processes in such codes.
(e) 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. If facilities which 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 on the entire installation. 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.
(f) The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
(g) 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 cell facilities and the antenna support structure or pole and foundation are designed to reasonably withstand wind and seismic loads.
(h) Applicant materials required for a right-of-way construction permit.
(i) Proof of a valid Covington business license.
(j) Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the technological and structural safety of City-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to City-owned structures.
(k) Such other information as the Director, in his/her discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering, and aesthetic considerations. (Ord. 03-19 § 2 (Exh. A))