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Ordinance 18-007 small cell facilities CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 11-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING SMALL CELL FACILITY REGULATIONS BY AMENDINC SPOKANE VALLEY 1VIUNTCIPAL CODE SECTIONS 17.50.030, 1940.050, AND 19.65.030, AMENDING APPENDIX A, AMTNT11NG CHAPTER 22,120 SPOKANE VALLEY M If[N 1C WA L CODE, AND ADOPTING CHAPTERS 22.121 AND 22.122 SPOKANE VALLEY MUNICIPAL CODE; AND OTHER MATTERS RELATING THERETO. WI MEAN,R EAN,pursuant to Article 1 1,Section I l of the Washington Constitution,the City of Spokane Valley (City)has authority to "make and enforce within its limits alL such local police, sanitary, and idler regulations as arc not in cenflict with general laws;" and WHEREAS, pursuant to RCW 35A.11.020, the City Council"shall have all powers possible far a city or town to have under the Constitution of this state, and not specifically denied to code cities by law," including, but not limited to, "acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways--.;" and WHEREAS, chapter 35.99 RCW authorizes the City to adopt a system for permitting use of public right-of-ways by telecommunications service companies, including authorizing master use permits, use permits, and adopting certain other necessary regulations; and WHERE-AS, federal law and regulations set time limits on the processing of applications for eligible facility requests to expand new and existing wireless commLnications facilities; and WHEREAS, the City has previously adopted chapter 22-120 SVMC to regulate wireless communication facilities; and W I I EREAS,the City C'ouncr I.has determined adoption of regulations governing placement of small cell facilities is in the best interest of the public health, safety, incl wcllrc of its citizens and such regulations are necessary and desirable; and Wi-JEREAS, such rculai ions are authorized pursuant to chapter 36.70A RCW; and WHEREAS, pursuant Lu RCW 36.70A.106, on December 28, 2017, the Washington Stale Department of Commerce was notified at least 60 days in advance of the City's intent to adopt amendments to the Spokane Valley Municipal Code; and W1ll REAS, on January 11, 2018,the Planning Commission held a study session; and W1iWRF;AS, on .Ianuaiy 5, 2018, and January 12, 2018, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on January 25, 2018, and continued to February 8, 2018, the Planning Commission held a public bearing, received evidence, information, pubic testimony, and a staff report followed by deliberations and provided a recommendation; and WHEREAS, on February 22, 2018, the Planning Commission approved the findings and recommendations; and Ordinance 184'117 Small Cell Regulations Pages. 1 G125 WHEREAS, on March b, 20[8, City Council reviewed the proposed amendments; and WHEREAS, on March 13, 20113, City Council considered a first ordinance reading to adopt the proposed amendments;and WHEREAS, the amendments set forth below are consistent Wii.tb the goals and policies of the City's Comprehensive Plan; and WHEREAS, the amendments bear a substantial relation to the public. health, safety, and welfare and protection of the envimruneut, NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as 1iLllows' Section 1. Purpose. The purpose of this Ordinance is to amend SVMC Appendix A, ]7.10-03O, 19,60.050, and 19.65,030, chapter 22.120 SVMC:, and to add new chapters 22.121 and 22.122 SVMC to add regulations to govern installation,placement, and permitting of small cell facilities within the City. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public heating on the proposed amendments and recommended approval of the amendments. The City Council has read and considered the Planning Commission's findings. '1 he City Council hereby makes the following findings: A. Cimw h Management Act Policies - Washington State Growth Management Act (LIMA) providesdialeach city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals and policies consistent with the CiMA and adopted County-Wide Planning Policies, set forth below. Goal ED-G1; Support economic opportunities and employment growth for Spokane al l e� - Policy HD-PaProvide and maintain an infrastructure system that supports Spokane Valley's economic development priorities. Policy ED-P15: Pursue technology-based solutions that improve assistance to busTnesses- C.oal 1A 1-G 1: Maintain and enhance the character and quality of life in Spokane Valley. Goal 1dJ-U2; Provide for lana uses that are essential to Spokane Valley residents, employees, and visitors. Goal -C,F-G1; Coordinate with special districts, other jurisdictions, and the private scam to effectively and affordably provide facilities and services. Coal U-G1: Coordinate with utility providers to balance cost-effectiveness with environmenlsl protection, aesthetic impact, public safety, and public health. Policy TIT-P1 Promote the efficient co-location of new utilities. Policy U-P2:; Promote the development of citywide communication networks lasing the most advanced technology available, Oi.dinanc . 18-007 Small Cell Regulations Page 2 of 25 Policy U-PS: Require the placement of cellular facilities, substations, and antennasin a manner that. minimizes adverse impacts on adjacent land uses and utilizes existing structures, Policy 13-Ph: Coordinate with utility providers to ensure that sizing, locating, and phasing of utility systems are appropriate for planned growth. Policy L1-P&Encourage the construction and maintenance; of utility, communications, and technology infrastructure that will help attract business and industry. C. Conclusions The proposed amendment boars a substantial relation to public health, safety, welfare, and protection of the environment. The proposed text amendment is consistent with the City's Comprehensive Platy and the approval criteria puts uant to SVMC 7. 0.1500'). Section 3. Amendment, SVMC Appendix A is hereby amended as set forth in Exhibit"A," attached hereto_ Section 4. Amendment. SVMC 17,80,030 is hereby amended as set forth in Exhibit "A," attached hereto. Section 3_ Amendment. SVMC 1 ,60.050 is hereby amended as set forth in Exhibit "A," attached l hereto. Section 6. Amendment. SVMC 19.65.030 is hereby amended as set forth in Exhibit "A," attached hereto, Section 7. Amendment. Chapter 22.120 SVMC is hereby amended as set forth in Exhibit "A," attached hereto. Section 8_ Adoption 'Title 22 SVMC is hereby amended by adding a new chapter, to be designated "Chapter 22.121 Small Cc ll Deployment," as set forth in Exhibit"A," attached hereto. Section 9. Adoption Title 22 SVMC is hereby amended by a:lding a new chapter, to be desiialcd "Chapter 22.122 Wireless Communications and Small Cell Facility Review Periods,"as set forth in Exhibit "A," attached hereto. Section 10. Other sections unchanged.All other provisions of the SVMC not specifically referenced hereto shall remain in full force and effect_ Section 11. severability.If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent j urisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause,or phrase ot'this Ordinance. Section 12, Effective Date. This Ordinance shall be in bill force and effect five days after the publication of this Ordinance or a sumnnnary thereof in the official newspaper of the City as provided by law. Ordinance 18-007 Smatt Cc] Regulations Page 3 of 25 Passed by the City Council of the City of Spokane Valley this 27 day ufMarch, 2018_ City of ' okane V _Iley i __ , _ 1. R. I l iggi ns, 7 or AVS : / (7- .,,,-.' ' „tor '' pristine Baittbridc, City Clerk Approve i s to Form. _ Office of he City Attorney Date of Publication: April 6, 2018 Effective Date° April 1 1,2018 Ordinance 18-(}(}7 Small cell Regulations Page 4 of 25 T X MT "A" APPENDIX A—DEFINITIONS Radio/TV broadcasting studio: Facilities serving the broadcast media, Sec "Communication facilities, use category." Repeater facility: A facility for the noncommercial reception and retransmission of radio signals. Sec "Communication itteilities, use category." RF Engineer: A person who is qualified with education, training and experience in wireless communication services. radio frequencies, and FCC and other applicable governmental regulations to provide the necessary certilication(s) required pursuant to chapter 22.121 SVMC. Telecommunications: The transmission, between or among points spceilied by the user, of audio and/or visual information and data of the user's choosing, without change in the form or content of the information as sent and received- * Alternative mounting structure: A water tower, manmade tree, clock tower, church steeple, bell tower,utility pole, light standard, freestanding sign, flagpole, or similar structure designed to support and camouflage or conceal the presence of telecommunications antennae. Antenna: Any exterior apparatus designed for telephonic,radio.data. Internet or other communications through the sending and/or receiving of radio frequency signals mclirding, but not limited to,equipment attached to a tower, pole, light standard, utility pole,building pr other structure for the purpose of providing wireless servics, 'hypes of antennas include: - An "omni-directional antenna receives and transmits radio frequency signals in a 360-degree radial patters: -A"whip antenna" is an omni-directional antenna that is up to 15 feet in height and no more than six inches. in diameter; and - A"directional or panel antenna', receives and transmits ratio frequency signals in a specific directional pattern of less than 360 degrees-A structure or device used to collect-orraadiate radio, television, or microwave electromagnetic waves, inc-hiding directional antennas, such as panels, wireless cable ant satellite-dishes, and omni-directional antennas, such as whips, but not including satellite earth stations or noncommercial antennas installations-tor home use of radio or television. • Antenna freight. The'Vertical distance measured from average building elevation to the highest point of the antenna. or if on a ruollop or other sttlacture, from the top of the roof or structure to the highest point()Il to antcnna_For replacement structures, antenna height is measured from the top_ofthe existing structure to the highest point of the antenna or new structure,whichever is grater, •Approved small cell facility: Any small cell facility that has received all required permits. _ Array: An arrangement of antennas and their supporting structure. •Base Station: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The tetra does not encompass a tower as defiled herein nor any equipment associated with a tower. Base Station includes, without limitation: - Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wirelc .} services such as microwave backhaul- - Radio transceivers, antenisrt;_coaXialorfiber-optic cable, regular and backup power supplies, and comparable equipment_regardless of technological configuration (including Distributed Antenna Systems("DAS")and .small-cell networks), Ordinance 18-007 Small Cell Regulations Page 5 of 25 -Any structure other than a tower that, at the time the relevant application is tiled with the City. supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or Finlay purpose of providing that.support. The term does not include any structure that at the time the relevant application is filed with the Ci , does not support or house equipment described above. • Collociilion: The mounting or installation of-transmission eciuipancnt on an eligible support structure for the purpose ofti nsniitting4and{or receiving radio frequency signals for communication purposes.A single te-leeemmunk atit - , a - -- • , 9ne-t • -. r. • Concealment technology: Transmission facilities designed to look like sonic feature other than a wireless tower or base station or which minimizes the visual impact of an €ntenna by use of nonreflective materials, appropriate colors and/or a concealment canister or enclosure. • Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern, EIA-222: electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures." •Electric transmission: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles(with or without transformers)designed to provide electric service to individual customers. •Eligible Facilities Request: 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: Collocation of new transmission equipment. - Removal of transmission equipment: or - Replacement ot:_ransmission equipment. • Eligible su ic�rt structure: Any tower or base station as defined in this section.provided that it is at the time the relevant application is tiled with the City. houses or supports an antenna, micro cell or small cell deployment. • Equipment structure: A facility, shelter. cabinet or vault used to louse and protect electronic or other associated equipment necessary For processing wireless communicalions signals, "Assoc,iated equipment" may include. for example. air conditioning, backup power supplies erid emer!ei cx generators. •Existing: A constructed tower or base station is existing i1'it has been reviewed and approved under the applicable zoning or siting-process, or under another state or local regulatory review process, lrcvided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was constructed, is existing for purposes of chapter 22.122 SVMC. • Guyed, tower: Any telez.ommtmications tower supported in whole or in part by cables anchored to the ground. • Height: The distance treasured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting,and other appurtenances, if any. •Micrracells: l lass the same meaning as set forth in RCW 80,36.375, as now adopted or hereafter amended. _Monopole: Aself-supporting telecommunications tower, which consists of a single vertical pale, fixed into the ground and/or attached to a foundation, Ordinance 18-007 Small Cell Regulations Pagc 6 of25 * Other support structure: A structure used to support small cell facilities or equipment structures, excluding buildings, utility poles, and water reservoirs. Examples of"other support structures' include flagpoles and ball field Iight standards. •Panel: An antenna which receives andlor transmits signals in a directional pattern. .Prior approval: Certification of approval(s) from the City authorizing the initial installation of a specific wireless carrier's small cell facilities on a base station or tower. Prior approval may also include the subsequent approval(s, from the City authorizing modifications to the initial installation that have resulted in the existing state of the small cell facility including;, but not limited to. the number and location of equipment structures, antennas, antenna support structures, and ancillary equipment. . Self-supporting lattice tower: A telecommunications tower that consists. of an open network of metal braces;usually triangular or square in cross-section. • Service: The offering oftelecommunications fur a fee directly to the public,or to such classes of users as to be effectively uvailaaU le directly to the public, regardless of the Facilities used. ■ Service provider: Has the same meaning as set forth in RCW 35-99-010(6)as pow adopted or hereafter amended. Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services, ■ Small cell and small cell deployment: Have the same meaning as set forth in RCW 80.36.375- as now adopted or hereafter amended, ▪ Stealth: A telecommunications antenna that is effectively camouflaged or concealed from view. * Substantial change: A modification substantially changes the physical dimensions of an eligible support structure Wit meets any of the following criteria: - For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet. whichever is greater: for other eligible support structures, it increases the height of the structure by more than 1 0% or more than ten feel, whichever is igreater, =For towers other than towers in the public rights-of-way. it involves adding an apt>urtenance to the body of the tower that would protrude tiom the edge of the tower more than twenty 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; - 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 righ -of=vvay and base stations, it invokes installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves iitstallalion of ground cabinets that are more than 10% larger in height or overall volume than auv other ground cabinets associated with the stricture; - it entails any exc-avation or deployment outside the current site: - It would defeat the concealment elements of the eligible support structure; or - 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 non-compliant only in a manner that would not exceed the thresholds identified above. •Telecommunications antenna: An antenna used to provide a telecommunications service. This excludes lightning rods; private mobile radio systems, amateur radic antennas less than 35 feet in height Ordinance 18-007 Shrill Cell Regulations Page 7 of 25 in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches(10 cm) in diarn to and less than 10 feet in height •Telecommunications service: Has ilie same meaning as set forth in RCW 35,99.0lU(7), as now adopted or hereafter amended •Tower: Any structure built for the sole or primary purpose of supporiing any FCC-I licensed or inithoriLed 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, A "tower" shall not include a replacement utility pole as authorized bv a lease with the City, a franchise or a Srna.I Cell Permit,A;ucli'uupporting or guyed &truclure more than 20 feet in height, . : - .. - . - - - _ • . et-include ham operator or •Transmission equipment: Eciuiprnent that facilitates transmission for any FCC-licensed or authorized wireless coinffiuni€ation service. including, hut not limited to_ radio transceivers. antennas.coutaial or fiber-optic eable,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 tixed wireless services such as microwave backhatul. • Unified design enclosure: Concealment of antennas and ecluipmeint within a single enclosure, •Fillilit ' pole: A structure designed and used primarily for the support of electrical wires.telephone wires, television cable, traffic signals,or lighting for streets, park.iitg areas, or pedestrian paths, -r eenain n-Gmni-dircctionuil dipole antenna at'cylindrical shape which is no more them ix inches in diameter. Wireless: Having no wire or wires, operating by means of transmitted electramagnelie waves. Tower, ham operator: A structure less than 75 feet in height above grade used for two-way communication for hobby or emergi:ncy service purposes by private individuals_ See "Communication facilities, use category_" Ordinance 1R-007 Small C;CII RcguiaLiuri Page 8 of 25 Chapter 17.80 Permit Processing Procedures 17. 0. 30 Assignment o 'development application classification.. A., Assignment by Table_ Land use and development applications shall he classified pursuant to'fable 17.8°- 1 below: Table 117.80-1 - Permit Type and Land Use Application WNW Cross- Type Land -Use and Development Application Reference Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building MUlliple official Administrative exception 19.140 Administrative interpretation 17.50.0 0 Boundary line adjustments and eliminations 20.80 Building permits not subject to SbPA 21.20.040 Floodplain development 21_30 Grading permits 211.50 Type 1 — lanae business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.040 Right-or-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121: 22.122 Temporary use permit. l 9.160 Time extensions for preliminary subdivision, short subdivision, or binding 20.30,060 site plan Alterations-preliminary and final subdivisions, short snbdivisions, 20.50 binding site plans Binding site plan-preliminary and final 20.50 Binding site plan- change of conditions 20.50 SEPA. threshold determination 21.20.060 Type lI Shoreline conditional use permit 21.50 Shoreline nonconforming usc or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21,50 Short subdivision-prelintinaiy and final 2030, 20.40 Preliminary short subdivision, binding site-plan-change ofoondifons 2030 Wireless communication facil ities 22.120 Ordinance I8-007 Small Cell Regulations Page 9 of 25 Conditional use permits 19.150 Planned residential developments [9.50 Plat vacation 20,70.020 type III Preliminary subdivision—change of conditions 20.50 Subdivisions—preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 1 X9.30,030 Annual Comprehensive Plan amendments (text andtor map) 17.80.140 l'ype f Arca-wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Laud use and development applications not defined hi Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.130.040. When more than one procedure may be appropriate, the process providing the geatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedure, set forth in Chapter 17.80 SV MC, subjec_to any additional or modified procedures provided in Chapter 21.50 SV1V1C, Shoreline Regulations,including submittals, completeness review, notices,hearings, and decisions. U. Small cell permits and wireless communication facilities shall be processed pursuant to the-procedures set forth in chapter 17.80 SVMC except as may otherwise be required pursuant to federal and state law, including but not limited to 47 U.S.0_ § 14550) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of-2012) and chapter 35.99 RC W. Chapter 22.122 SVC specifies applicable time periods for review and processing of eligible facilities requests; collocations_ small cell permits. and new wireless cormnumcalion facililics_ l.F.. Except as provided in Table 17,80-1, change of conditions for permits shall be processed [he same as the original permit typo, frdinamc 1R-007-007 Small Cell Regulations Page 10 of 25 &VMC »±Muf milord uses matrix, li-ks kind Open Residential Mixed Use Commercial Industrial Space R-1 R-2 R-3 MFR MU CMU NC RC 841LT I POS Communication Facilities RadWci/TV P P P P broadcasting studio Repeater fad Lily P P P P P P P P . Small cell S S S S S S S S t % % deployment — — — — - Telecommunication wireless ant m; S S S S S S S S S S mm> Telecommuniealion wireless support S S S S S 5 5 S S S tower — - . —-'Power, ham I S S S S S S S S | S S g as er . : J _ I Ordinance 1— 7 Small Cell Regulations Page 11 o£2! aSC 19.65.1311 Communication Facilities. A. %Will II Cell Deployment. Small cell deployments shall comply with the provisions of chapter 22.121 SVMC. Small CMI Deployment, AR, Telecommunication Wireless Antenna Array.Telecommunication wireless antenna arrays shall comply with the provisions of Chapter 22.120 SVMC, Wireless Communication Facilities_ BC, Telecommunication Wireless Support Tower_Telecommunication wireless support towers shall comply with the provisions of Chapter 22.120 SVMC, Wireless Communication Facilities. CD. Telecommunication wireless support towers located in a residential or multifamily zoning district require a conditional use permit pursuant to Chapter 19.150 SVMC_ DE, Tower, Ham Operator. I, A building permit for the private tower is required; 2. 'The appli:nnt shall submit a site plan showing the height and location of the private tower; 3. The applicant shall furnish a copy of the lower manufacturer's construction and erection specifications; - The private tower shall be ereetcd in accordance with the manufacturer's specifications; 5. The applicant shall demonstrate the impact arca (that area in all directions equal to the tower's height above grade) is completely on his/her property.Up to one-half of the tower's irtvet area in distance may be administratively approved if located on adjacent property pu:.suant to the administrative exception process contained in Chapter 19,140 SVMC or if the applicant has secured the appropriate easements for all property within the tower's impact area if not entirely within his/her ownership. Such easements shall be recorded with the Spokane County auditor with a statement that only the City may remove the recordation; 6.A residence shall be on the same site as the private lower, except for a private repeater facility or remote base operations; and 7, The height limitation of the zone shall not be exceeded without approval of a variance or administrative exception as either may respectively pertain. F.F. Tower (does not include wireless communications support tower'), provided: 1_ A conditional use permit pursuant to Chapter 19.150 SVNIC is approved; 2, The tower base shalt be enclosed by a fence not less than six feet in height with a locking gate; 3. The tower shall have a locking trap door or the climbing apparatus shall stop 12 Icer above the.ground; Ordinance 18-007 Small Cell Regulations Page 12 Ol`25 4. The tower collapse or blade impact area shall lie completely within the applicant's property or within an adjacent property for which the applicant has secured and recorded an cascmetfl(s) for all property in the tower's impact ares:_; and 5. Before issuance of a conditional use permit,the applicant shall have demonstrated ail the applicable requirements of the FCC, FAA and any required avigation easements can be satisfied, Ordinance 18-007 Small Cell TR.egulations Page 13 0125 Chapter 22.120 SVMC Wireless Communication Facilities 22.120.010 Purpose and intent. These standards were developed to protect the public health, safety,and welfare, and minimize visual impacts on residential areas,while fiurtheringthe development of wireless communication services. These standards were designed to comply with the Telecommunication Ac.,of 1996. The provisions of this a srestionchapter 22.120 SVMC arc not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless communication services. Chapter 22.120 SVMC shall cover all wireless communication services other than small cell services, which are regulated pursuant to chapter 22.121 SVMC. 22.120.020 Permits and exemptions. Where a transmission tower or antenna support structure is located in a zoning district which allows such use as a permitted use activity, administrative review,and a building permit, shall be required, subject to the project's consistency with the development standards set.forth in SVMC 22.1201.040. In instances where the use is not allowed as a permitted use activity, a conditional use permit and building permit shall he required in addition to a demonstration of consistenc=y with all required development standards. Exemption: Wireless radio utilized for temporary emergency communications in the event of a disaster is exempt from the provisions of this section and shall be permitted in kill zones. 22.124.030 Required application submittals, All applications for wireless antenna arrays and wireless communication support towers shall i chide the following: A. A letter signed by the applicant stating that all applicable requirements of the FCC, the FAA, and any required avigation easements have been satisfied. 1L. A scaled site plan clearly indicating the location, type and height of the proposed tower, antennas, oil- site land uses and zoning,adjacent land uses and zoning, adjacent rcadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, the equipment structure,fencing, buffering and the type of stealth technology which will he utilized_ The full, detailed site plan shall not be required if the antenna is to he mounted on an existing structure. C. The applicant shall have: performed and provided a photographic simulation of the proposal facility from all affected properties and public rights-of-way. D. Tire applicant shall provide copies of any environmental docoa;cuts required by 1.he State Environmental Policy Act (SEM). F. The applicant shall have demonstrated effort to co-locate on au existing support tower or other structure. New support Lowers shall not be permitted within one mile of an existing support tower unless it is demonstrated that no existing support tower or other structure tan accommodate the proposed antenna array. The City reserves the right to rcla in a qualified consultant, at the applicant's expense, to review tIre supporting documentation for accuracy. F. Evidence to demonstrate that rio existing cuppoat tower or other structure can accommodate tire proposed antenna array may consist of the following: 1.No existing support lowers or other structures are located within the geographic areas required to meet the applicant's engineering requirements, Ordinance 1B-007 Srnatl well Regulations Page 14 of 25 2. Existing support lowers or other-structures are not of sufficient height to meet the applicant's engineering requirements_ 3_ tixisting support towers or other structures do not have sufficient structural strength lo support the-applicant's proposed antenna array and rc.ated equipment 4, The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing support lowers or other structures, or the antenna on the existing support towers or other structures would cause interference with the applicant's proposed antenna. Cr, The applicant of a new tower shall provide a signed statement stating the applicant has provided notiec to all other area wireless service providers of its appliealion to encourage the co-location of additional antennas on the structure_ H. A. signed statement from the owner and,/or landlord to remove the facility or obtain another permit for the facility within six months of when the facility is no longer operating as part of a wireless communication system aulhorir .d and licensed by the FCC. 1. Proof that all the necessary property or casements have been secured to assure for the proper construction, continued maintenan cc, and general safety of the properties adjoining the wireless communication facility_ 22.120.040 Design standards. The support tower, antenna array, and supporting electrical and mechanical equipment shall be installed using stealth technology. Stealth technology applies to all personal wireless service facilities, includin , Wilhoul lirrritation, antennas,towers and equipment structures_ For any facility, stealth technolo `V means the use of both existing and future technology through which a personal wireless service faicility is designed to resemble an object which is already present in the local environment, such as a tree, streetlight, or traffic signal_ It also includes A, For personal wireless service support towers: .. If within existing trees, "stealth technology"means-7. s, The tower is to be painted a dark color; b. Is made of wood or metal; and c. A geenbelt easement is required lo ensure permanent retention of the surrounding trees. 2. Stealth technology for towers in a more open setting means that they must have a backdrop (tor example, but not limited to, trees, a hillside, or a structure) on at least two sides, be a compatible color with the backdrop, be made of compatible materials with the backdrop, and that arehiteetural or landscape screen ii t.g be provided for the other two sides_ If existing trees are the backdrop,then a greenbelt easement is required to ensure permanent retention of the surrounding trees. 3. Ani:ctina# shall be integrated into the design of any personal wireless service tower to which they are attached. External projections from the tower shall be limited to the gn.atcsi. extent technically leasibic. 4. For rooftop antennas or antennas mounted on other structures: a.For omni-direelioaal ziniefloas IS feel or less above the root; stealth technology means use of a color compatible with the roof, structure or background; b. For other antennas, stealth technology means use of compatible colors and architectural screen ing or other techniques approved by the City. B.For antennas mounted on one or more building facades, stealth technology means use of color and materials such that the facility has architectural compatibility with the building. Ii shall be mounted on a Ordinance 15-007 Small Call Rcgulauuns Page 15 of 25 wall of an existing building in a configuration as flush to the watt as technically possible and shall not project above the wall on which it is mounted. C, For equipment structures, stealth technology means locating within a building,or if on top of a building, with architecturally compatible screening. An underground location, or above ground with a solid fence and landscaping, is also considered stealth technology. D. Advertising or display shall not be located on any support tower or antenna array; however, the owner of the antenna array shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site. E. No artificial lights other than those required by FAA or other app.icable authority shall be permitted. All security lights shall be down-shielded, and installed to be consistent with Chapter 22.60 SVMC. P.The facility shall be enclosed by a site-obscuring secured fence not less than six feet in height with a locking gate, No barbed wire or razor wire shall be permitted. G. The support tower foundations, equipment shelters, cabinets or other on-the-ground ancillary equipment shall be buried below ground or screened with a site-obscuring secured fence not less than six feet high. The requiremeni for a site-obscuring fence may he waived provided the applicant has secured all ort-the-ground ancillary equipment in a locked cabinet cleared to be compatible with and blend into the setting, and the means of access for the support tower is located a minimum of 12 feet above the ground. H. till support struelrrre(s) for wireless communication antennas shall have their means ofaeeess localed a minimum of eight feet above the ground unless the requirement lo_a fence has been waived. I. The support tower shall.meet the minimum primary structure setback requircrni2nts for the underlying zone. J. Support towers shall not be permitted inside a public park, public. monument or private holding located within a public park or public monument. K.'the height of the support tower or antenna array above grade shall not exceed the maximum height identified in Table 22..120-I below, The height of a support tower shall include antenna, base pad, and other appurtenances and si-mall be measured from the finished grade of the parcel_ Table 22.120-1—Tower Height Limitations Zone Antenna Array Support Tower R-I, Single-Family Residential Estate R-2, Single-Family Residential Suburban 1R-3, Single-Family Residential 20 feet above the zoning height Urban limitation or 16 feet above 60 feet R 1, Single Family Rcsid-ntinl existing structure Urban MFRS, Multifamily Residential Residential Ordinance 18-007 Small Ce1!Regulations Page 16 of25 Table 22.104-4--Tower Height Limitations Zone Antenna Array Support Tower MF-2, High Density Residential Mixed Use Center(M1 IQ Corridor Mixcxl Use(CMU) City Center(GE) 20 feet above the zoning height. GordenOffice(GO) lirnitationor1( feet above 60 feet existing structure Office (0) Neighborhood Commercial '(NC.) Community Geri n rci l rC) Regional Commercial (RC) 20 feet above the zoning height 20 feel higher than the maximum Light Industrial Mixed Use limitation or 20 Feel above height allowed in the zone or 80 feet (IM --t) existing structure whichever is less* Heavy Industrial (14) *An additional 20 feet in height for each additional antenna array cu-located an the support tower, up to a maximum tower height of 100 Feet, including the height of all antennas. 22.1211.051E Landscaping. Refer to Chapter 22.70 SV MC for landscaping reciuirernen(s applieal.?lc to the underlying zoning district. Ordinance 18-007 Small Cell Regirlatian.s Page 17 of 25 Chapter 22.121 SSC: Small Cell Deployment 22.121.1110 Overview. In order to manage its right-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 while complying with the requirements of state and federal law, the City adopts chapter 22.121 S MC for the deployment of small cell and micrcgcell technology. Service provide.rs who seek to utilize the public right- of-way for small cell deployment in order to provide wireless communication.data transmission or oilier related services to the citizens of the City shall receive a valid franchise to provide the specific service seeking to utilize the small eel deployment. Intities with franchises who wish to utilize a small cell deployment to upgrade or expand their existing services shall utilize the processes sot forth in chapter 22,121 SVMC and implementing small cell permits to deploy their technology and obtain design approval of specific installations. A. Nothing in chapter =121 SVMC revises or diminishes the rights and obligations of an existirtc franchise. B. The term "small cell dzpioyment" shall include thedeployrnent of small cell facilities, micro cells and small cell networks those terms are defined by RCW $0.36.375 as now adopted or hereafter amended. Small cell deployment elements which require S IPA review may utilizethese processes only in conjunction with SEPA review. 22.121.015 Administrati+rn. The City Manager is charged with administration of small cell deployment permitting and other wireless communication review processes established under chapters 22.120, 22.121, and.22.122 SVMC, 22.121.020 Small Cell De rrluvinents. A. Small Cell Deployments in Rights-of--Way. Small cel] deployments in the public rights-of-way shall only be made pursuant (1) to a valid franchise with the Citi•, and (22 in compliance with all federal, slate, and local small cell permitting requirements. B, Small Cell Deployments outside of Rights-of-Way. Small cell rleplovments outside of the puhli_c_rights- of-way shall only be made in compliance all federal, state, and Kcal small cell permitting requirements. 22.121.030 Franchise A xplieation. A, Franchise Application_ Service providers that desire to deploy small cell deployments in public rights- of-way ights- of way shall apply for a franchise using the City's franchise application form and submit a fee deposit commensurate with the estimated aim inistrative costs of processing on application for a franchise, Service providers seeking to utilize [:City rights-of-way for small cell d=ployiricnts shall specify geographic boundaries for the small cell deployment described in the application and provide detailed schematics and visual renderings of the proposed facilities to be utilized. Phased developincut is permitted and an applicant is encouraged to specify al least the initial small cell deployment in its application. B. Designation of Facilities. All applicants for franchises seeking to utilize small cell deployment shall provide the following information, Existing franchisees that seek to utilize a small cell deployment to expand, assist or implement an existing franchise may provide the information as a part of a small cell permit application for small cell deployment, The applicant shall specify in the franchise application: Ordinance 18-007 Small Cell Regulations Page 1 g of 25 1. whether and where small cell facilities are proposed to be located on existing utility poles;. 2. whether and where small cell facilities are proposed to be located on replacement Wilily popes, new poles.towers, and/or other structures and the type of replacement poles to he installed: 3, the conduit and/or ground-mounted_equipment necessary for and intended for use in the small cell deployment, reaardl.ess of whether the additional facilities are to be constructed by the applicant or leased from an infrastructure provider= 4.. any facility which is eliL~ible for or subject to the applicable federal review time periods under an eligible facilities request or as a collocation. C. SEPA Review. Any application for a franchise which contains an elemcni which is not exemot_from SEPA review shall simultaneously submit an environmental checklist pursuant to chapter 43.210 RCW and chapter 2 l.20 SVMC. D. Completeness. The City Manager shall review a small cell franchise application for completeness and notify the applicant within 30 days of submission whether the application is complete, provided,however, dial an applicantmay consent to a different completeness review period. A service provider may resubmit an application deter»iinec: to be incomplete within 30 days of notice by the City Manager. Failure to resubmit an applicationn within the 30 day period shall be deemed a withdrawal of that application. No application shall be deemed complete without the fee deposit set by the City Manager. 22.121.040 Small Cell Permit Application. A. Concurrent small cel] permit application and tranclti.sc application_ Rights granted under the franchise for construction, installation. and placement of small cell facilities shall be implemented thro h the issuance of small cell permits. The franchise application may he accompanied by one or more concurrent applications for a small cell permit to deploy small cells. B, Small cell permit application. A small cel l.perm it application shall contain the following: I. All small cell facility sites shall be specified,l.)p to 30 Sites may be specified in one small cell permit application for processing. The application shall include sufficient information about cacti site and facility in order for the City to determine that it complies the design and location standards set forth in SVMC 2 ,121,0610. 2. If the application includes small cell deployment in the public rights-of-way. a copy of the franchise implication or reference to approved existing franchise shall be included, Approval for a small cell permit to instaill a sial ll cell deployment shall be contingent upon approval of a small cell franchise or the nossession of a valid small cell franchise. 3. Il more than ole application for a small cell permit is submitted by an applicant. they shall be considered in the order received. If multiple applications are submitted on the sante date, the applicant shall indicate which application shall be considered first. 4. Any element or a deployment which qualifies as either an cli .ihle facilities request car a collocation shall be specifically_designated by the applicant and rimy be addressed separately by the City Manager in order to comply with the applicable processing requirements established by federal law, state law, and chapter 22.122 SVC_ 5. Any application for a small cell permit which contains.an element which is not exempt from SEPA review shall simultaneously submit an environmental checklist pursuant to chapter 43.2C RCW and chapter 21.20 SVMC. 6. The applicant shall submit a sworn declaration under penalty of perjury signed by an fit' Urdin ncc 18-007 Small Cell Regulations Page 19 0025 Eng ineer with knowledge of the Keep rscd„project affirming that the small cell deployment will be compliant with all FCC and any oiher applicable regulations in connection with human exposure to radio frequency emissions lr every frequency at which the small cell taciiity and associated wireless back haul will npenate. An existing franchisee applying for a small cell permit for small cell deployment shall provide an RF certification for all facilities included in the deployment. 7, 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. $. As applicable, the applicant shall providewritten proof from any utility provider authorizing the applicant to use the utility provider's utility poles for a small cell deployment. The applicant shall also provide evidence of a professional errs eer certification or other form of formal approval that the small cell deployment meets applicable structural standards for any impacted utility pole. C. Completeness. Small Cell Applications_ The City Manager shall teview an application for completeness and notify the applicant within 30 days of submission whether the application is complete, provided. however, (hal an applicant may consent to a different completeness review period, A service provider may resubmit an application determined to be incomplete within 30 days of notice by the City Manager or designee. Failure to resubmit an application in a timely manner shall he deemed a withdrawal of that application. No application shall he deemed complete without the fee deposit set by the City Manager. D. The City Arianagor may approve, deny or conditionally approve all or army portion of the sites proposed iii the small cell permit application. 22.121,054 Small Cell Franchise awl Permit Review Process, The following provisions relate to review of applications for a franchise or small cell permit for small.cell deployments. A. Review of Facilities, Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. 253 and 47 U S C 332 and applicable case law Applicants for franchises and the small cell permits vdiich implement the franchise shall be treated in a competitively neutral and non- discriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent,that iR, service providers whose facilities are similarly situa$ed in terms of structure, placement or cumulative impacts. Franchise and small cell permit application review under chapter- 22.121 SVMC shall neither prohibit nor have the effect or prohibiting the ability of an applicant to provide telecommunications services. l3._ Design Review_ and Concealment Small cell facilities shall conform to design.,_locatioia and concealment standards and be subject to desita review as set forth in SVMC 22.121.050. C. Franchise approval. F:auachises shall be approved in the form of a City ordinance. and franchises may only be approved by the City Council pursuant to its standard ordinance approval process; provided however_that the City slag I meet any applicable federal or state time processing requirei nems in reviewing and approving or denying a franchise application. D. Other conditions of approval. Approval of a franchise, small cell permit and/or other approval referenced in chapter 22,121 SVMC are conditioned oti the following requirements: 1, Satisfy all applicable bulk requirements including but riot IiTttitcd to height.noise,light,and any other applicable zoning requirements. 2,, provide written proof of the approval of the owner of any utility pole for the installation of its Ordinancc I 2-007 Small Cd Regulations Page 20 of 25 facilities on such utility pc-le. Approval of a franchise does not authorize attachment to City-owned utility poles or other structures_ 3. Unless s citi�lly provided.tot` in a franchise„ obtain a lease from the City or provide proof of a lease benveen the City and the utility owner on whose poles the applicaul is placing small utilities authorizing the utility owner to utilize the City's ground space for the installation of any new pole, to replacement utility pole, over 60 feet or to locale any new ground based structure. base station or other attendant equipment on City right-of-way or City properly; 4. Comply with applicable City approval processes for the co-location of facilities. or the installation of any new or-.placement utility. poles in the right-of-way: and 5. Comply with all City construction standards and state and federal codes when operating in the right-of:way and obtain a required permit to enter the right-of-way. 22.121.060 Desiea and Concealment Standards, Small cell facilities shall be installed using stealth or concealment technology. Stealth or concealment technology applies to all small cell facilities, including, without limitation, antennas. lowers and prirriaiy equipment enclosures. For any small cell facility, stealth or concealment technology means the use of both existing and future technology through which the small cell facility is designed to resemble or blend into art ohjectwhich is already present in the local environment, such as a tree, streetlight, or traffic signal. It also includes: A. .For those portions of small ce1l facilities attached to or part of light, ponuer_sign_ or other poles: IsFrsr new,poles, integrated within the pole unless technically infeasible. New poles shall be subject to any applicable City or industry standards; 2, For cxistin, oles, integrated into the existing design of the pole to which it is attached, with external projections limited in sire and scope to the geatest extent technically feasible_ including but_rtot limited to being as plush as possible to the pole, not projecting more thanfifteenfeet vertically above the pole2 and having architectural compatibility with the pole; 3.External projec<'_i.ons shall be painted a color to resemble and match the ale so that they appear to be part of the pole; 4. Shall conform to any structural standards so as not to degrade the structural engineering of the pole to which it is attached; 5. Shall not interfere with the normal use for which the pole is intended, including but not limited to blocking any light designed to be dispersed from existing lighting fixtures installed on light poles, intcrtbrirag with power I ine-s on n.power poles,and obscuring any poaiori of the applicable sivi-face on signs: and 6. i. Antennae for small cell facilities shall be located inside of an antenna enclosure no more than three cubic feet in volume, or in the ease 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, ii. tri lien of antennae and primary equipment enclosures, unified design enclosures are _v m. permitted, provided that the overall dimensions of such designs shall not exceed six cubic feet in volirrrac. iii. Antennae and unified design enclosures shall be located at least 20 feet above the base elevation of the ground unless technically infeasible. B. Primary equipment enelosures shall be no larger than seventeen cubic feet in volume, '1'Iie following associated eta uiprnent may he located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: electric meter, concealnment,telecoma demarcation box_ Ordinance 18-007-007 Small Cell Regulations Page,21 of 25 ground-based enclosures,battery hack-ul hover systems, grounding equipment. power transfer switch and cut-off switch. Primary equipment enclosure shall he buried below ground or locked and integrated into the surroundings unless technically infeasible. This shall include incorporating the Facilities into the base ofthc Bole; integrating into existing sun-ounnding fixture.such as garbage containers or other power boxes, and/or use of materials and colors that blend into the surrounding.setting. Ciround-mounted facilities shall not be located in an improved street or sidewalk. Ground-mounted fltcilities shall not located in a stormwater facility. including stormwater swalcs. Unified design enclosures are permitted pursuant to SVMC 22.121.06ti(A)(6). C. For small cell facilities mounted on one nr more building facades, stealth or concealment technology means use of color and materials such that the facility has airchitecturai eompatihilit _with the building. It shall be mounted on a wall of an existing building in a configuration as flush to the wall as icch.nically possible and shall not project ttinre than three feet above the wall on i.vhich ii is mounted. IInified design enclosures are permitted pursuant to SVNIC 22,121.060(.AM6), D. Advcitising_or display shall not be located on any small cell Facility: however, the owner of the small cell facility shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site. E. No artificial lights other than those required by FAA or other applicable authority shall he permitted. Any security lights shall be down-shielded. F. Small cell faeil ities that are not within the right-of-way shall meet the minimum primary'structure setback requirements for the underlying zone, G. Small cell. facilities shall nut be permitted inside a public park1 public monument or irivate holding located within a public park or public monument. H. Location. Small cell Facilities shall not he located within 250 feet of any other small cell facility unless the applicant demonstrates that no other location can accommodate or is sufficient to meet the wireless service needs. In the event a small cell facility is rcgpired to he lowed within 250 feet of another existing small cell facility, the applicant shall make a gored faith effort to collocate the nev4'facility on the same pole or structure astl the existing small facility in order to in in min im ite impacts from new small cell facilities. The City may require applicants to provide evidence of efforts for collocation, An applicant may demonstrate good faith efforts to collocate by providing written evidence from the other wireless providers' that they are '.snwilling or it is technically infeasible to collocate, or from pole or structure owners that they will not allow collocation or that it is technically infeasible to allow collocation. 22,121.0701 Small Cell Permit and Minor Deviations. A. The City Manner shall review applications for small cell permits for small cell deployments approved by a franchise or small cell permit. The City Manner may authorize minor deviations in the small cell permit from the dimensional design and concealment technologies referenced in the exhibits to the franchise or design standards where such deviation is nc,ecssaty to allow the applicant to provide coverage;and where such deviation either does not materially differ from the City's design and concealment standards or achieves ec uivalent or better integration. B. Deviations in the dimensions orvolume of small cell feicilities which do not exceed the cumulative total provided by the definition of a small cell or mierncell facilityr in RC's €10.36,375 shall be considered a minor dev'iation, provided, however that they do not defeat th concealment features set by City's generally applicable design and concealment standards. Ordinance 18-007 Small Cell Regulations Page 22 of 25 { . Snail cell permits to install facilities including approval of minor deviations shall be processed within 60 days of meeipt of a complete application and final approval uiar franchie,whichever.occurs last. 22.121.O00 Significant Deviations. Any request for significant deviations from the approved small cell facilities design designated in the franchise.small cell permit or City's design standards shall be reyuir a conditional use.permit and shall be considered under the provisions of chapter 22.120 SVMC: and pursuant to the timelines established in SVMC 22.122,030 and SVMC 22.122,040, A significant deviation is not a substantial change. See Appendix A of the SVMC. 22.121.090 Compliance with State Processing Limitations. Review of franchise and small cell permits shall comply with the provisions of RCW 35.)9)30. Applications shall be reviewed. completeness determined and the tilinefrarne tolled as provided in chapter 22.122 SVMC. Ordinance 15-007 Small Cell Regulations Page 23 of 25 Chanter 22.122 SVMC Wireless Communications and Small Cell Facility Review.Perioils 22.1122.010 Purpose. Congress and the Federal Communications Commission have, puxrsurarit to the authority granted by 47 li S.C.253(c) and 47 U.S.C, 332(a). required local governments to act on wireless communication facility applications within a reasonable period of lime and have established time limits for local revie=w. The Washington State 1:egi la ure has also adopted similar limitations under the provisions of chapter 35.99 RCW. Accordingly,the City adopts the following time limits for review of applications for eligible facility requests, small cell permits.and other approvals for serviceproviders of telecommunication services. 22.122. 120 EliEiblc Facilities Request. A. Application Review. I. Application. The City Manager shall prepare and crake publicly available an application form which shall be 1ioniced to the information necessary for the City 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. 2. Type of Review. Upon receipt of an application for an eligible facilities request. the City Manager shall review such application to determine whether the applicatitor qual ities as an el igihle facilities request. 3 Timeframe for Review. Within 60 days of the date on which an applicant submits a complete eligible facilities request application. the City Manager shall approve the application unless It determines that the application is not covered by this SVMC 22-122 02[). 4. Toiling of the Tirnefrarrie for Review. The btu-day review period begins to run when the complete application is filed, and may be tolled only by mutual agreement by the City Manager and the applicant or in cases where the City Manager determines that the application is incomplete. The timeframe for review of an Flihihle facilities Request is not trilled by a moratorium on the review of applications. a. To toll the tinietramc for incompleteness,the City Manager shall.provide written notice to the applicant within. 30 days of receipt of the application. specifically delineating aalI missing documents or information required in the application. b. The timeframe; for review begins running again when the applicant makes a conrplianrl supplemental submission in response to the Cite Manager's i>.ntice_of incompleteness, Following a supplemental submission, the City Manager shall notify the applicant within 10 days it the sup_plemental submission did not provide the information identified in the original notice delineating missing information. 'The timeframe is tolled in the case of second or subsequertl not ices pursuant to the procedures identified in paragraph 4 of this section- Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. B, Determination that Application is not an Eligible Facilities Request. if the City Manager determines thatthat the applicant's request does not qualify as an eligible facilities request,the time periods established by the applicable state or federal law and chapter 22.122 SVMC beg,in to run from the issuance of the City, Manager's decision that the application is not an eligible facilities request. "lb the extent additional information is necessary. the City. Manager may request such information from the applicant to evaluate the application under other provisions of this chapter 22.122 SVMC and applicable law, Ordinance 18-007 Small Cell Regulations Page:24 of 25 C. Failure to Aut. In the event the Cliv Manager fails to approve or deny a request for an eligible facilities request within the timeframe for review (accounting for any tollingthe ne nest shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City Manager in writing alter the review period has expired (accounting for any toiling)that the application has been deemed granted. D. Remedies. Both the applicant and the City may bring claims related to Section 6109(,a1 of the Spectrum Act to any court ofcoi pe-gent jurisdiction_ 22.122.030 Collocation. Eligible collocations shall be processedd within 90 days of receipt of a complete application. The City Manager shall notify the applicant within 30 days of receipt of an application whether it is complete: or if additional information is raltiire4. The term collocation shall not apply to the initial placement of a small cell facility ori a utility pole or on any other base station or tower that was not constructed for the sole or primary purpose of an FCC licensed antenna and their associated facilities. 22J 22.040 New Wirelest; Communication Facilities. New wireless eommunie tions facilities shall be processed within 150 days of receipt of a complete application. 'the City Manager shall notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required. Ordinance 18-007 Small Cel Rc.=ulations P igc 25 of25