Planning Commission Meeting

AGENDA PLANNING COMMISSION MEETING THURSDAY, April 16, 2026 Via IN-PERSON and ZOOM https://us06web.zoom.us/j/89661524753 Webinar ID: 896 6152 4753 I. Call to Order – Chair Riley II. Roll Call III. Pledge of Allegiance IV. Approval of Agenda V. Approval of Minutes a. March 19, 2026. VI. Public Comment a. Submit comments via email with the subject line ‘City of Normandy Park Planning Commission Public Comment’ to jhammar@normandyparkwa.gov no later than 4:30 p.m. on the Wednesday before the scheduled meeting. All written comments received by this time and date will be distributed during the meeting. Comments may be made at the hybrid meeting location at Normandy Park City Hall. VII. Director’s Report VIII. Public Hearing a. Draft ordinance regarding amending the Normandy Park Municipal Code (NPMC) Title 18.42 Wireless Communication Facilities. The purpose of this amendment is to update the code to improve telecommunications infrastructure and public safety response time. Public hearing comments may be submitted via email prior to the meeting. Testimony may be offered during the public hearing which will be also have  access remotely via Zoom. Email - Submit your public hearing comments to Jeremy Hammar at jhammar@normandyparkwa.gov before 5:00 pm the night of the meeting. Comment at the Meeting - Submit your name to Jeremy Hammar at jhammar@normandyparkwa.gov by 5:00 pm the night of the meeting. IX. Public Hearing a. Draft ordinance regarding amending the Normandy Park Municipal Code (NPMC) Title 18.08 Definitions and 18.15 General Development Requirements. The purpose of this amendment is to update the code related to low impact development standards. Public hearing comments may be submitted via email prior to the meeting. Testimony may be offered during the public hearing which will be also have access remotely via Zoom. Email - Submit your public hearing comments to Jeremy Hammar at jhammar@normandyparkwa.gov before 5:00 pm the night of the meeting. Comment at the Meeting - Submit your name to Jeremy Hammar at jhammar@normandyparkwa.gov by 5:00 pm the night of the meeting. X. Adjournment  Normandy Park Planning Commission Agenda Bill PC26-03 Meeting Date: April 16, 2026 Agenda Category: Continuing Business SUBJECT Type V code amendment concerning Title 18.42 Wireless Communication Facilities. STAFF Jeremy Hammar, Community Development Director Emily Romanenko, Deputy City Attorney BACKGROUND In the past decade, improved telecommunication service has been a recurring topic and work item for the City. Historically, opposition to the installation of telecommunication infrastructure has received widespread concerns ranging from lack of buildable land, health effects, to capital costs incurred by a city-led project. Discussions with telecommunication providers have been sparse, though continuous throughout the years. Now, the need for improved telecommunications infrastructure has risen again, but through the subject of improved public safety response time. The 2021 Economic Development Implementation Report delivered by the Economic Development Committee revealed that there is a lack of telecommunications infrastructure inside the city. The report identified that improved broadband and telecommunication services would be beneficial to local economic development and attractive to new forms of businesses. August 15, 2024: Telecommunications code amendments were identified as a ‘prioritized nutshell’ for development regulation amendment during the Normandy Park 2044 Periodic Update process. February 20, 2025: Commissioners requested City and consultant staff to continue with its gap analysis of relevant municipal chapters, with the inclusion of feedback from telecommunication providers being incorporated into the analysis. April 15, 2025: City and consultant staff identified three (3) key areas in which amendments would be recommended. These areas include, but are not limited to, (1) code organization, (2) excessive aesthetic and visual screening requirements, and (3) applicable land use procedures for telecommunications development. July 17, 2025: Community Development Staff presented draft code amendments pertaining to and consistent with the previous discussions noted above. The overall intent was to clearly summarize the breath and complexity of the changes proposed via the code amendment, which restructured and reorganized telecommunication aspects of the NPMC. The Planning Commission requested staff continue its path and lay the foundational work needed for the eventual permit applications needed for telecommunications infrastructure development. Following the July Commission meeting, the City Attorney reviewed the proposed code amendments. The review resulted in numerous changes to the draft amendment. August 21, 2025: Community Development Staff presented the draft code amendments as prepared by the City Attorney. August 26, 2025: A joint work session was held with the City Council and Planning Commission to discuss the proposed code amendments. The conversation focused on whether the changes to the code were necessary at this time, as Council questioned if there is interest on the part of the telecommunications industry, particularly wireless providers, to develop systems infrastructure in Normandy Park. Council and the Planning Commission agreed that the proposed code amendment should be shared with the telecommunications industry for their input, and to request representatives attend another joint work session on October 28, 2025. The City sent the draft code out to industry for comment and received substantive comments from AT&T as well as general approval from Verizon. February 24, 2026: another joint work session was held to meet with an industry representative and consider the existing code amendments. Direction at that meeting was to prepare minor additional revisions to the existing amendments and return to the Planning Commission for consideration. March 19, 2026: Planning Commission meeting, Staff and the City Attorney walked through suggested edits from industry and will be requesting direction from Planning Commission for which to recommend to Council for final incorporation. ATTACHMENTS The attachment code includes the draft code that incorporates industry input, additional staff suggestions and changes proposed by the Planning Commission at the March 19 2026 meeting. FISCAL IMPACT There is no direct cost to carrying out Type V plan- or municipal code- amendments. The City could see increased costs associated with program or capital infrastructure choices. POLICY CONSIDERATIONS The Comprehensive Plan’s Capital Facilities Element addresses how the City could encourage the provision of high-speed Internet and broadband telecommunications access throughout the city, either equal to or better service than regional standards. ATTACHMENTS Attachment A: Proposed NPMC 18.42 code amendments – clean copy Attachment B: Proposed NPMC 18.42 code amendments – tracked changes  Normandy Park Municipal Code Page 1/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES Chapter 18.42 WIRELESS COMMUNICATION FACILITIES Sections: 18.42.010 Purpose. 18.42.020 General provisions. 18.42.030 Exemptions. 18.42.040 Definitions. 18.42.050 Macro WCFs permit procedures. 18.42.055 New Towers. 18.42.060 Macro WCFs review criteria. 18.42.070 Macro WCFs permit requirements. 18.42.080 Macro WCFs siting hierarchy. 18.42.090 Macro WCFs design standards. 18.42.100 Eligible Facilities Requests. 18.42.110 Small wireless facility permit procedures. 18.42.120 Small wireless facility application requirements. 18.42.130 Small wireless facility application review procedures. 18.42.140 Small wireless facility permit requirements. 18.42.150 Small wireless facility design standards. 18.42.160 Modifications to small wireless facilities. 18.42.180 Cessation of use. 18.42.010 Purpose. This chapter defines the regulations for placing, developing, permitting and removing all types of wireless communication facilities (“WCF”) including macro and small wireless facilities. It also provides adequate siting opportunities by identifying a range of locations and options that support wireless communications technology. This chapter encourages siting facilities on existing buildings or structures, collocating providers on single structures, maintaining neighborhood appearances and reducing visual clutter in the city. Specific purposes of this chapter are to: Page 1 of 37  Normandy Park Municipal Code Page 2/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (1) Establish clear regulations for the siting and design of wireless communication facilities consistent with federal regulations. (2) Promote the health, safety, and general welfare of the public by regulating the siting of WCFs. (3) Minimize impacts of WCFs on surrounding areas by establishing standards for location, structural integrity, and compatibility. (4) Encourage the location and collocation of wireless communication equipment on existing structures, including utility and light poles in the public rights-of-way. (5) Minimize visual, aesthetic, public safety, and environmental and wildlife effects. (6) Accommodate the growing need and demand for wireless communication services. (7) Encourage orderly development in a preferred hierarchy using concealed technologies. 18.42.020 General Provisions. (1) If a conflict arises between this chapter and the provisions of another chapter regarding WCFs, this chapter shall govern. (2) Any person who desires to construct, modify, or place any WCF within the boundaries of the city must apply to the city for the appropriate WCF permit. (3) In addition to the requirement of obtaining the appropriate WCF permit, if all or a portion of the WCF will be located upon a city-owned structure, or upon non-right-of-way property, which is either city owned or city-leased, the applicant shall be required to enter into a lease agreement with the city for the use of the city property. (4) In addition to the requirement of obtaining the appropriate WCF permit, if all or a portion of the WCF will be located within the city’s right-of-way, the applicant shall be required to enter into a franchise agreement, consistent with Chapter 4.08 NPMC, with the city for the use of the city’s right-of-way. (5) WCFs located outside of the public rights-of-way may be either a primary or a secondary use. A different use of an existing structure on the same lot shall not preclude the installation of a WCFs. (6) WCFs located within the public right-of-way pursuant to a valid franchise are outright permitted uses in every zone of the city but still require a land use and right-of-way permit. Page 2 of 37  Normandy Park Municipal Code Page 3/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (7) The city may retain the services of an independent technical expert, such as a registered professional electrical engineer accredited by the state of Washington or a qualified radio frequency engineer. The third-party expert will be approved by both the city and the applicant. The engineer will provide technical evaluation of permit applications for WCFs. All actual, reasonable costs of consultant review shall be billed to the applicant. (8) Wireless services shall be subject to the following regulations to the extent that such requirements: (a) Do not unreasonably discriminate among providers of functionally equivalent services; (b) Do not have the effect of prohibiting personal wireless services. 18.42.030 Exemptions. The following are exempt from the provisions of this chapter: (1) WCFs used by federal, state or local public agencies for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of illustration and not limitation, any communications systems utilized by first responders such as police or fire. (2) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of federal law. (3) Citizen band radios or antennas operated by federally licensed amateur (“ham”) radio operators. (4) Satellite earth stations (satellite dish) that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts and which are not greater than 20 feet above grade in residential districts and 35 feet above grade in all other zoning districts. (5) A temporary, commercial WCF for the purposes of providing coverage of a special event such as news coverage, sporting event, or proclaimed disaster, subject to approval by the city, except that such facility must comply with all federal and state requirements. Said WCF may be exempt from the provisions of this chapter up to one week after the duration of the special event or a proclaimed disaster. (6) Subject to a building permit, and any other applicable permits, a temporary WCF installed for a period of 180 days, subject to renewals at the city’s sole discretion, to Page 3 of 37  Normandy Park Municipal Code Page 4/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES provide service during repair, replacement, or relocation of an existing support structure or construction of a new support structure. (7) An eligible facilities request as defined by NPMC 18.42.100. 18.42.040 Definitions. (1) “Antenna” means an apparatus designed for emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the purpose of personal wireless service and any commingled information services. For the purpose of this definition, the term “antenna” does not include an unintentional radiator, mobile station or device authorized by 47 C.F.R. Part 17.. (2) “Antenna height” means the vertical distance measured from average building elevation to the highest point of the antenna, or if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna. For replacement structures, antenna height is measured from the top of the existing structure to the highest point of the antenna or new structure, whichever is greater. (3) “Antenna equipment” consistent with 47 C.F.R. § 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.(4) “Collocation” means (i) mounting or installing an antenna and antenna equipment on a preexisting structure; and/or (ii) modifying a structure for the purpose of mounting or installing an antenna and antenna equipment on that structure. Provided that for the purposes of applying the eligible facilities request procedures of NPMC 18.42.100, “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. (5) “Concealment elements” means stealth techniques specifically designated as concealment elements at the time of the original approval of the wireless facility for the purposes of rendering the appearance of the wireless facility as something fundamentally different than a wireless facility including but not limited to the use of nonreflective materials, appropriate colors, and/or a concealment canister.. (6) “Design district” means the Manhattan Village subarea. (7) “Equipment enclosure” the wireless service provider’s specific enclosure used to house transmission equipment other than antennas, usually located within and including cabinets, shelters, pedestals, or other similar enclosures used to contain electronic equipment for said purpose. This may include cabinets attached to a pole. Page 4 of 37  Normandy Park Municipal Code Page 5/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (8) “FAA” means the Federal Aviation Administration. (9) “FCC” means the Federal Communications Commission. (10) “Feed lines” are cables used as the interconnecting media between the transmission/receiving base station and the antenna. (11) “Flush-mounted” means any antenna or antenna array attached directly to the face of the antenna support structure, structure, or building. Where a maximum flush- mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna. (12) “Least visual impact” means the design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function. (13) “Mount” means the bracket or any other materials used to attach the antenna or antenna array to a building or support structure. (14) “Macro WCF” means a wireless communication facility that generally provides radio frequency coverage for personal wireless services over a larger geographic area. Generally, macro facilities are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers. (15) “Permittee” means a person who has applied for and been issued a WCF permit pursuant to this chapter. (16) “Poles” means utility poles, light poles or other types of poles, used primarily to support electrical wires, telephone wires, television cable, lighting, or guide posts; or are constructed for the sole purpose of supporting a WCF, but specifically excludes traffic signal poles. (17) “Radio frequency emissions” means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection. (18) “Service provider” is defined in accord with RCW 35.99.010(6). “Service provider” shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services. (19) “Small wireless facility” is defined in accord with 47 CFR 1.6002(l). Page 5 of 37  Normandy Park Municipal Code Page 6/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (20) “Structure” means a pole, tower, base station or other building, whether or not it has an existing antenna, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of service). (21) “Telecommunications service” is defined in accord with RCW 35.99.010(7). (22) “Temporary wireless communication facility” means facilities that are composed of antennas and a mast mounted on a truck (also known as a cell on wheels, or “COW”), antennas mounted on sleds or rooftops, or ballast mount temporary poles. These facilities are for a limited period of time, are not deployed in a permanent manner, and do not have a permanent foundation. (23) “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. (24) “Traffic signal poles” means a pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers. (25) “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. (26) “Unified enclosure” means a small wireless facility providing concealment elements for antennas and related equipment in a single enclosure. (27) “Wireless communication facility (WCF)” means any unstaffed location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and structure. The following developments shall be deemed included in the general definition of a WCF: developments containing new, or existing antenna support structures, public antenna support structures, and collocation on existing antenna support structures, collocation onto existing utility pole or cross-country electrical distribution tower, attached antennas or antenna arrays, base stations and feed lines whether concealed, or nonconcealed. Included in this definition are: noncommercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations Page 6 of 37  Normandy Park Municipal Code Page 7/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting WCFs. 18.42.050 Macro WCF permit procedures. (1) Permits and Approvals Required. (a) Macro Facility Permit. A macro WCF permit is required for any macro WCF unless specifically exempted. (b) Associated Permit(s) and Checklist(s). The applicant shall attach all associated required permit applications including but not limited to franchise applications required under Chapter 4.08 NPMC, applications required under Chapter 10.48 NPMC, and applications or checklists required under the city’s critical areas, shoreline or SEPA ordinances. (c) Completeness. An application for a macro WCF is not complete until the applicant has submitted all the applicable items required by NPMC 18.42.050 and, to the extent relevant, has submitted all the applicable items in subsection (2) of this section and the city has confirmed that the application is complete. (2) Macro Facility Permit Procedure. (a) Preapplication Meeting. A preapplication meeting is encouraged prior to submitting an application for a macro WCF. The purpose of a preapplication meeting is to discuss the nature of the proposed macro WCF, and to review applicable plans, policies, and regulations. (b) Application and Contents. The following information, along with the required fee as established by the city’s fee resolution, which may be amended from time to time, shall be provided by all applicants for macro WCF permit: (i) The name, address, phone number and authorized signature on behalf of the applicant; (ii) If the proposed site or structure is not owned by the city, the name, address and phone number of the owner and a signed document or lease confirming that the applicant has the owner’s permission to apply for permits to construct the macro WCF on the proposed site or structure; (iii) A statement identifying the nature and operation of the macro WCF; (iv) A vicinity sketch showing the relationship of the proposed use to existing streets, structures and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas or other significant natural or manmade Page 7 of 37 Normandy Park Municipal Code Page 8/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES features; (v) Construction drawings as well as a plan of the proposed use showing proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan; (vi) Photo simulations of the proposed macro WCF from public rights-of-way, public properties and affected residentially zoned properties. Photo simulations must include all cable, conduit and/or ground-mounted equipment necessary for and intended for use in the deployment regardless of whether the additional facilities are to be constructed by a third party; (vii) A sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the macro WCF 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 facility will operate. If facilities which generate RF radiation necessary to the macro WCF are to be provided by a third party, then the permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation; (viii) Information necessary to demonstrate the applicant’s compliance with FCC rules, regulations and requirements which are applicable to the proposed macro WCF; (ix) If not proposing a collocation, then sufficient documentation showing that the applicant has made a reasonable attempt to find a collocation site acceptable to engineering standards and that collocating was not feasible or that it posed a physical problem; (x) If proposing to locate in a residential zone, evidence demonstrating that the proposed facility cannot be located outside the residential zone; (xi) Information sufficient to establish compliance with NPMC 18.42.080 and NPMC 18.42.090; (xii) Current city of Normandy Park business license, as required by Chapter 4.02 NPMC; and (xiii) Such additional information as deemed necessary by the director for proper review of the application, and which is sufficient to enable the director to make a fully informed decision pursuant to the requirements of this chapter. (c) Decision. The director may approve, deny, or conditionally approve any macro WCF permit application proposing to locate on an existing structure. The hearing Page 8 of 37  Normandy Park Municipal Code Page 9/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES examiner may approve, deny, or conditionally approve any macro WCF permit application proposing to construct a new structure on which to locate, pursuant to NPMC 18.42.065. (d) 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 prior to the decision, then reimbursement of fees submitted with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to the time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, no portion of the fee will be refunded. 18.42.055 New Towers (1) Applicability. Any application for a new macro facility tower shall be reviewed, and approved or denied, by the Hearing Examiner as a Type 3 decision pursuant to NPMC Section 18.150.030. (2) Review Criteria. The Hearing Examiner shall review the application to construct a new macro facility tower, and shall determine whether each of the following requirements are met: (a) That collocation on any existing tower or structure within one quarter mile is not feasible because: (i) Collocation does not meet the applicant’s service coverage objectives; (ii) Existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; (iii) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; (iv) The structure owner declines to lease space to the applicant; (iv) The fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; or Page 9 of 37  Normandy Park Municipal Code Page 10/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (v) The applicant demonstrates other limiting factors that render existing towers and structures or other sites unsuitable. All engineering evidence must be provided and certified by a qualified engineer and clearly demonstrate the evidence required. (b) The application meets all the requirements of NPMC 18.42.060. (c) The proposed tower meets all applicable design standards in NPMC Sections 18.42.080 and 18.42.090. (d) Where the proposed tower does not comply with the requirements of this Chapter, the applicant has successfully demonstrated that denial of the application would effectively prohibit the provision of service in violation of 47 USC 253 and/or 332. (3) Determination. The Hearing Examiner, after holding an open public hearing in accordance with NPMC 18.150.120, shall either approve, approve with conditions, or deny the application. 18.42.060 Macro WCF review criteria (1) No application for a macro WCF may be approved unless all of the following criteria are satisfied: (a) The proposed macro WCF will be served by adequate public facilities including roads, water, and fire protection. (b) The proposed macro WCF will not be materially detrimental to uses or property in the immediate vicinity of the subject property, and will not materially disturb persons in the use and enjoyment of their property. (c) If proposing to locate on city-owned property outside of a park, the macro WCF must comply with the following requirements: (i) The facilities will not interfere with the purpose for which the city-owned property is intended; and (ii) The facilities will have no significant adverse impact on surrounding private property. (d) If proposing to locate a new macro WCF in a city park, the applicant must first demonstrate that prohibiting the siting of the macro WCF in the city park would effectively prohibit its ability to provide telecommunications service in the city. (e) The proposed macro WCF will not be materially detrimental to the public health, safety and welfare. Page 10 of 37  Normandy Park Municipal Code Page 11/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (f) The proposed macro WCF complies with this chapter and all other provisions of this code. (g) The director shall review the application for conformance with the following criteria: (i) Compliance with prioritized locations pursuant to NPMC 18.42.080. (ii) Compliance with design standards pursuant to NPMC 18.42.090. 18.42.070 Macro WCFs Permit Requirements. (1) The permittee shall comply with all of the requirements within the macro WCF permit. (2) The permittee shall allow collocation of proposed macro WCF on the permittee’s site, unless the permittee demonstrates that collocation will impair the technical operation of the existing macro facilities to a substantial degree. (3) The permittee shall notify the city of any sale, transfer, or assignment of a macro WCF within sixty days of such event. (4) All installations of macro facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable. (5) A macro WCF permit issued under this chapter must be substantially implemented within twenty-four months from the date of final approval or the permit shall expire. The permittee may request one extension to be limited to twelve months, if the applicant cannot construct the macro WCF within the original twelve-month period. (6) The permittee shall maintain the macro WCF in 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. 18.42.080 Macro facility siting hierarchy. (1) The following sites shall be the required order of location for proposed macro WCFs, including antenna and equipment enclosures. In order of preference, the prioritized locations for macro WCFs are as follows: Page 11 of 37  Normandy Park Municipal Code Page 12/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (a) Collocated with existing macro WCF(s) or another existing public facility/utility (i.e., existing or replacement utility pole or an existing tower) in a nonresidential districts. (b) Collocated with existing macro WCF(s) in other zones. (c) Collocated on existing or replacement structures in the residential zones where the structure is not used for residential uses (e.g., religious facility or public facility (i.e., existing or replacement utility pole)). (d) New tower proposed in a nonresidential zone district. Said structure shall be the minimum height necessary to serve the target area and in no event may exceed the height requirements established by NPMC 18.42.090; however, the structure shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. Further, the tower structure shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the antenna be of a height that requires illumination by the Federal Aviation Administration (FAA). (f) New tower proposed in a residential zone district, but only if the proposed tower does not exceed the height and setback requirements established by NPMC 18.42.090; however, the tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. In no case shall the antenna be of a height that requires illumination by the FAA. (2) If the applicant demonstrates to the city’s satisfaction that it is not technically feasible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city through a process III review using the following test: Would denial of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or 332? 18.42.090 Macro WCF design standards. (1) All macro WCF shall be constructed and installed according to the following standards: (a) Separation Distance. In all residential and commercial districts, macro WCFs shall be separated by a distance equal to or greater than one thousand three hundred twenty linear feet (one-quarter mile), unless the applicant can demonstrate such requirement is infeasible. (b) Setbacks. Macro WCFs and associated equipment enclosures shall not be Page 12 of 37 Normandy Park Municipal Code Page 13/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES located within any setback areas on private or public property. (i) New towers outside the right-of-way shall have a setback from property lines of 10 feet from any property line and from any residentially zoned property, 50 feet or a distance equal to the new tower’s height, , whichever provides the greatest setback. (ii) The department shall consider the following criteria and give substantial consideration to on-site location, and setback flexibility is authorized when reviewing applications for new antenna support structures: (i) Whether existing trees and vegetation can be preserved in such a manner that would most effectively screen the proposed macro WCF from residences on adjacent properties; (ii) Whether there are any natural landforms, such as hills or other topographic breaks, that can be utilized to screen the macro WCF from adjacent residences; (iii) Whether the applicant has utilized a design that reduces the silhouette of the portion of the macro WCF extending above the height of surrounding trees. (c) Height. Maximum Height of New Zone Districts Antenna Support Structures Residential Districts 40 feet Nonresidential Districts 95 feet* *Subject to height restrictions for NC and MU zoning districts in NPMC 18.15.020. (i) Increases to the height of an existing antenna support structure are permitted, provided: (A) It is consistent with all conditions of the CUP authorizing the use and subsequent approvals thereafter; (B) The existing conditions and the proposed changes are not in violation of the NPMC; (C) Necessary to accommodate an actual collocation of the antenna for Page 13 of 37 Normandy Park Municipal Code Page 14/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES additional service providers or to accommodate the current provider’s antenna required to utilize new technology, provide a new service, or increase capacity; (D) Height increases are limited to no more than 40 feet above the height of the existing antenna support structure unless explicitly allowed in the CUP; (E) A nonconformance shall not be created or increased, except as otherwise provided by this chapter; (F) A detailed certification of compliance with the provisions of this section, prepared by a qualified engineer, is submitted and approved. (e) Horizontal dimension. Macro WCFs shall be designed utilizing the narrowest dimensions possible, and in no instance shall it extend further, as measured horizontally, from the centerline of the macro WCF, than a distance of twenty feet. (e) Landscaping and Fencing Requirements. (ii) All ground-mounted base stations and ancillary structures shall be enclosed with an opaque fence made of wood, brick, or masonry. (ii) All fencing shall be subject to Chapter 18.35 NPMC. WCFs shall have perimeter landscaping as follows: (A) In the NC or MU zone, the base stations and ancillary structures shall be landscaped with native plants not less than eight feet in height. (B) In residential zones or abutting rights-of-way, the base station and ancillary structures shall be landscaped with native plants not less than 10 feet in height. (C) When a fence is used to prevent access to a WCF or base station, any landscaping required shall be placed outside of the fence. (f) Lighting. Except as specifically requested by the Federal Aviation Administration (FAA), and/or the FCC, macro WCFs shall not be illuminated, except equipment cabinets and compounds may use lighting for security reasons as long as the light is shielded downward to remain within the boundaries of the site. (g) Signage. Commercial messages shall not be displayed on any WCF. The only signage that is permitted upon an antenna support structure, base station, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than 220 Page 14 of 37 Normandy Park Municipal Code Page 15/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high-contrast letters (minimum letter height of four inches) the following: HIGH VOLTAGE – DANGER. (h) Macro WCFs Attached to Buildings. In addition to complying with the other applicable design requirements in this section, macro WCFs attached to existing buildings shall conform to the following requirements: (i) Attached antennas may exceed the height limitation by fifteen feet so long as they are affixed to the side of an existing building or mounted on the rooftop of the building and architecturally blend with the building. (ii) Buildings that are nonconforming with respect to height may be used, provided the antennas do not exceed a height of fifteen feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (iii) The interruption of architectural lines or horizontal or vertical reveals is discouraged. (iv) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building. (v) The smallest mounting brackets necessary shall be used, in order to provide the smallest offset from the building. (vi) 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. (vii) If the aesthetic impacts cannot be mitigated by placement and color solutions, the macro WCF can be required to be screened. (i) Utility Pole Attachments. If proposing to locate on a replacement utility pole, the height of the replacement pole shall not exceed fifteen feet taller than the existing pole, unless an additional height increase is required for vertical separation and such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. (j) Stealth Concealment Elements. All macro WCFs shall employ concealment elements in their design, construction, and maintenance and reduce the macro WCF’s aesthetic impacts to the maximum extent feasible. These designs shall be labeled “stealth concealment elements” and may include the following: Page 15 of 37 Normandy Park Municipal Code Page 16/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (i) Nonreflective coloring, approved by the director, which blends into the nearby surroundings of the macro WCF so as to minimize the visual impact of the support structure or antennas. (ii) Located in such a manner that, to the extent feasible, existing trees and/or buildings and other structures on the site are used to screen the macro WCF from view from rights-of-way and residences; provided, however, that all macro WCF shall be designed in a manner which minimizes the need for removal of existing trees. (iii) Designed to resemble an object other than a macro WCF which is already present in the local environment, such as a tree or a streetlight. (iv) Colors or materials that match the underlying support structure. (v) Other examples of concealment elements include, but are not limited to, the use of innovative site design techniques, existing or new vegetation and landscaping, other surface treatments, alternative antenna configuration and/or selection, utilization of antenna support structures designed to resemble trees, and any other practice which screens the WCF from observation from roadways, residences, and other properties or otherwise has the effect of reducing the aesthetic impacts associated with the WCF. (k) Noise. Macro WCFs shall not produce noise in excess of the applicable noise standards regulated by chapter 7.94 NPMC, and Chapter 173-60 WAC, Maximum Environmental Noise Levels, except for in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis. (l) Collocation. It is the city’s policy to minimize the number of towers and to encourage the collocation of more than one carrier’s macro WCF on a single support structure as well as construct and site facilities with a view towards sharing the site and structure with other utilities. All towers that exceed eighty-five feet in height shall be designed to accommodate two or more WCF. Nothing in this section shall prohibit the owner of an existing facility from charging a reasonable fee for collocation of other communication facilities. (m) Cumulative Effects. The director shall consider the cumulative visual effects of macro WCFs mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city. (n) Equipment Enclosures. (i) Equipment enclosures shall be the minimum size necessary for its intended Page 16 of 37  Normandy Park Municipal Code Page 17/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES purpose. Equipment enclosures shall be located within buildings or placed underground, unless applicant can demonstrate that such placement is technically infeasible. When they cannot be located in buildings or placed underground, equipment enclosures shall be screened. Alternate methods for screening may include the use of building or parapet walls, sight-obscuring fencing and/or landscaping. If landscaping screening is used, the permittee must comply with NPMC 18.42090(E) above. (ii) Ground-mounted equipment in the right-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that such placement is technically infeasible. (iii) Generators located in the right-of-way are prohibited. (iv) All equipment shelters, cabinets, or other on-the-ground ancillary equipment shall meet the setback requirements of the zone in which it is located. (o) Use of Standards. These design standards are intended to be used solely for the purpose of 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 deployment may be permitted which provide similar or greater protections than those established herein. 18.42.100 Eligible facilities request Eligible facilities requests shall be reviewed pursuant to this section. (1) Definitions. The following definitions shall apply to eligible facilities requests only as described in this section and shall not apply throughout this chapter. (a) “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 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 Page 17 of 37 Normandy Park Municipal Code Page 18/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES configuration (including distributed antenna systems (“DAS”) and small wireless facilities). (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 (A)(1)(a) and (A)(1)(b) of this section 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 primary purpose of providing that support. (iv) The term does not include any structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in subsections (A)(1)(a) and (A)(1)(b) of this section. (b) “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. (c) “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: (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. (d) “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 city. (e) “Existing” means a constructed tower or base station if it has been reviewed and approved under the applicable zoning or siting process, or under another state 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. (f) “Site” means, for towers other than towers in the public rights-of-way, 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, 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 Page 18 of 37 Normandy Park Municipal Code Page 19/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES 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. (g) “Substantial change” means a modification 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 ten percent or by the height of one additional antenna 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 ten percent or more than ten 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. (B) The separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas; (ii) For towers other than 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 ten 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 streets 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 ten 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 thirty feet in any direction. The site boundary from which the thirty feet is measured excludes any access or utility easements currently related to the site; Page 19 of 37  Normandy Park Municipal Code Page 20/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (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 not exceed the thresholds identified above. (h) “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. (i) “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 director shall prepare and make publicly available an application form which shall be limited 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. (3) Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the director shall review such application to determine whether the application qualifies as an eligible facilities request. (4) Time Frame for Review. Within sixty days of the date on which an applicant submits an application seeking approval under this chapter, the director shall approve the application unless it determines that the application is not covered by this section. (5) Tolling of the Time Frame for Review. The sixty-day review period begins to run when the application is filed with the city, and may be tolled only by mutual agreement by the director and the applicant, or in cases where the director 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 director shall provide written notice to the applicant within thirty days of receipt of the application, clearly and Page 20 of 37  Normandy Park Municipal Code Page 21/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES specifically delineating all missing documents and/or information required in the application. (b) The time frame for review begins running again when the applicant makes a supplemental submission in response to the city’s notice of incompleteness. (c) Following a supplemental submission, the director will notify the applicant within ten 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 notices 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 director determines that the applicant’s request does not qualify as an eligible facilities request, the director shall deny the application. In the alternative, to the extent additional information is necessary, the director may request such information from the applicant to evaluate the application under other provisions of this chapter and applicable law. (7) Failure to Act. In the event the director 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. The deemed grant of the eligible facilities request does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. 18.42.110 Small wireless facility permit procedures (1) Permit Required – Small Wireless Facility Permit. A small wireless facility permit is required for any small wireless facility unless specifically exempted. (2) Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by NPMC 18.42.120 and, to the extent relevant, has submitted all the applicable items in subsection (C) of this section and the city has confirmed that the application is complete. Grantees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional placement of small wireless facilities at any time subject to the commencement of a new completeness review time period for permit processing. (3) Application Components. The director is authorized to establish a franchise and other application forms to gather the information required by these ordinances from applicants. Page 21 of 37  Normandy Park Municipal Code Page 22/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (a) Franchise. If any portion of the applicant’s facilities are to be located in the city’s right-of-way, the applicant shall apply for, and receive approval of, a franchise, consistent with the requirements in Chapter 4.08 NPMC. An application for a franchise may be submitted concurrently with an application for small wireless facility permit(s). (b) Small Wireless Facility Permits. The applicant shall submit a small wireless facility permit application and associated components as required by this section. Prior to the issuance of the small wireless facility permit, the applicant shall pay the permit fee as set forth in the fee schedule which may be amended by city council from time to time, or the actual costs incurred by the city in reviewing such permit application. If the applicant desires to locate outside the rights-of-way, or has already obtained a franchise to deploy inside the rights-of-way, the applicant may apply directly for a small wireless facility permit. (c) Associated Application(s) and Checklist(s). Any application for a small wireless permit which contains an element which is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 13.12 NPMC. Further, any application proposing small wireless facilities in a shoreline area (pursuant to Title 16 NPMC) or a critical area (pursuant to Chapter 18.36 NPMC) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in NPMC 18.42.150. (d) Leases. An applicant who desires to attach a small wireless facility to any structure owned by the city or seeks to place a new pole in the right-of-way shall include an application for a lease as a component of its for a franchise application. Leases for the use of public property, structures, or facilities shall be submitted to the city council for approval. 18.42.120 Small wireless facility application requirements. The following information shall be provided by all applicants for a small wireless 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, 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 Page 22 of 37  Normandy Park Municipal Code Page 23/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES small wireless facilities, including engineering and design standards, shall be provided by the applicant. The application shall have sufficient detail to identify: (a) The location of overhead and underground public utility, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within one hundred feet of the proposed project area (which 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 one hundred feet of the proposed project area. (b) 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. (c) Compliance with the siting and aesthetic requirements of NPMC 18.42.150, as applicable. (d) 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 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 obtain permits 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 from the pole owner, unless the pole owner is the city. Submission of the lease agreement between the owner and the applicant is not required. 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. (e) If the application is for a new or a replacement light pole, then the applicant must provide a photometric analysis. (2) 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. (3) Any application for a small wireless facility 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. Page 23 of 37  Normandy Park Municipal Code Page 24/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (b) Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel. (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. (4) 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. (5) 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, to the extent applicable. (6) A professional engineer licensed by the state of Washington shall certify in writing, over their 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. The building official may accept alternative forms of the structural approval if the review and calculations are conducted by another agency, such as the pole owner. (7) The small wireless facility permit shall include those elements that are typically contained in the right-of-way permit pursuant to Chapter 10.48 NPMC, including a traffic control plan, to allow the applicant to proceed with the build-out of the small wireless facilities. (8) Recognizing that small wireless facility technology is rapidly evolving, the city is authorized to adopt and publish standards for the 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. 18.42.130 Small wireless facility application review procedure. Page 24 of 37  Normandy Park Municipal Code Page 25/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (1) The following provisions relate to review of applications for a small wireless facility permit: (a) In any zone, upon application for a small wireless permit, the city will permit small wireless deployment conforming to the city’s generally applicable development and design standards. (b) Vertical clearance shall be reviewed by the director to ensure that the small wireless facilities will not pose a hazard to other users of the right-of-way. (c) Small wireless deployment in the Manhattan Village subarea design district, as well as new non-city-owned poles, or replacement poles deviating from the pole design standards adopted pursuant to NPMC 18.42.150, are subject to additional review pursuant to that section. (d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the right-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, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety. (e) No equipment shall be operated so as to produce noise in violation of Chapter 7.94 NPMC, Public nuisances affecting peace, and Chapter 173-60 WAC, Maximum Environmental Noise Levels. (f) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent. (2) Eligible Facilities Requests. Small wireless facility may be expanded pursuant to an eligible facility request under NPMC 18.42.100 so long as the expansion: (a) Does not defeat concealment elements specifically designated as stealth techniques; (b) Incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and (c) Does not exceed the conditions of a small wireless facility as defined by 47 C.F.R. § 1.6002(l). Page 25 of 37  Normandy Park Municipal Code Page 26/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (3) 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 franchises and small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. (4) Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the director’s decision, there shall be no refund of all or any portion of such fee. (5) Supplemental Information. If the requested supplemental information is not submitted by the applicant within ninety days of notice by the director, the application file shall be closed, unless an extension period has been approved by the director. (6) Public Comment. The city shall provide notice of a complete application for a small wireless facility permit on the city’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. This notice is for the public’s information and is neither a hearing nor a part of any land use appeal process. (7) Final Decision. The director shall review and make a determination on all applications to site small wireless facilities, consistent with this chapter as well as other applicable code provisions and the siting and design standards in NPMC 18.42.150. The director’s decision shall be final. Denial of one or more wireless facility locations within a submission described in subsection (C) of this section shall not be the sole basis for denial of other locations or applicant’s entire application for wireless facilities. 18.42.140 Small wireless facility permit requirements. (1) Compliance required. The permittee shall comply with all of the requirements within the small wireless permit. Page 26 of 37  Normandy Park Municipal Code Page 27/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (2) Governing Construction or Electrical Code. All installations of small wireless facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable. (3) Electrical Connection. The permittee is responsible for providing or arranging for electricity to small wireless facilities. Any third party utility providing such electricity shall obtain a franchise from the city prior to operating in the rights-of-way. (4) Transport/Telecommunications Connection. The permittee is responsible for providing transport connectivity (i.e., fiber) to small wireless facilities. Any third party utility providing such transport connectivity shall obtain a franchise from the city prior to operating in the rights-of-way. (5) Postconstruction As-Builts. Upon request, the permittee shall provide the city with as-builts of the small wireless facilities within thirty days after construction of the small wireless facility, demonstrating compliance with the permit and site photographs. (6) Permit Time Limit. Construction of the small wireless facility must be completed within twelve months after the approval date by the city. The permittee may request one extension to be limited to six months, if the permittee cannot construct the small wireless facility within the original twelve month period. (7) Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (8) Operational Activity. The grantee shall commence operation of the small wireless facility no later than six months after installation and may request one extension for an additional six-month period if grantee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. (9) Modifications. If a grantee 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 small wireless facility permit. 18.42.150 Small wireless facility design standards. (1) General Requirements. Page 27 of 37 Normandy Park Municipal Code Page 28/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (a) Except for electrical meters, ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or proposed to be concealed using a concealment element plan. Generators located in the rights-of- way are prohibited. (b) No equipment shall be operated so as to produce noise in violation of Chapter 7.94 NPMC. (c) Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications service in violation of 47 U.S.C. 253 and 332. (d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, city ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety. (e) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole. (f) 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. (g) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan. (h) Side arm mounts for antennas or equipment must be the minimum extension necessary and for wooden poles may be no more than 12 inches off the pole and for nonwooden poles no more than six inches off the pole. (i) The preferred location of a small wireless facility on a pole is the location with the least visible impact. (j) Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the structure or pole upon which they are attached. Page 28 of 37  Normandy Park Municipal Code Page 29/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (k) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in the residential zones. (l) The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. (m) Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a residential use in the residential zones; provided, that where small wireless facilities are intended to be located more than four hundred feet from a right-of-way and within an access easement over residential property, the location may be allowed if: (i) The applicant affirms that they have received an access easement from property owner to locate the facility in the desired location; and (ii) The property owner where the facility will be installed has authority to grant such permission to locate the facility and related equipment at the designated location pursuant to the terms of the access easement; and (iii) That the installation is allowed by, and consistent with, the access easement; and (iv) That such installation will not frustrate the purpose of the easement or create any access or safety issue; and (v) Shall be in compliance with all land use regulations such as, but not limited to, setback requirements. (2) Small wireless facilities attached to existing or replacement nonwooden poles inside and outside of the right-of-way shall conform to the following design criteria: (a) Upon adoption of a city standard small wireless facility pole design(s) within the city’s engineering, design, and construction manual, an applicant shall first consider using or modifying the standard pole design to accommodate its small wireless facility without substantially changing the outward visual and aesthetic character of the design. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the city’s ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as further described in the following subsection of this section. Page 29 of 37 Normandy Park Municipal Code Page 30/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (b) Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment element is otherwise technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush- mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole, provided that such location does not interfere with the operation of the banners or signs. (c) The furthest point of any antenna or equipment enclosure may not extend more than 20 inches from the face of the pole. (d) All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment. (e) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. (f) Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way. (g) The height of any replacement pole may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. (h) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal Page 30 of 37  Normandy Park Municipal Code Page 31/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES equipment within the base of the pole, and shall comply with the requirements in subsection (5)(d) of this section. (i) The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. (3) Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall conform to the following design criteria: (a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. (b) A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for 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 wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city. (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 wooden pole on which they are attached. (e) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. Page 31 of 37 Normandy Park Municipal Code Page 32/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (f) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume. (g) A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and 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 wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden 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 omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. (j) All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner. (k) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to subsection (5)(a) of this section. 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. Page 32 of 37  Normandy Park Municipal Code Page 33/37 Chapter 18.42 WIRELESS COMMUNICATION FACILITIES (l) 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. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs. (m) The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible. (n) The use of the wooden 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. (o) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole. (p) All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility. (4) Small wireless facilities attached to existing buildings shall conform to the following design criteria: (a) Small wireless facilities may be mo