(1) “Approval authority” is the public official, or designee, who has authority under the Stanwood Municipal Code to administratively issue project permit approvals.

(2) “Applicant” shall mean and refer to the person, and such person’s successor in interest, owning and/or operating the transmission equipment proposed in an eligible facilities modification application to be co-located, removed or replaced.

(3) “Authorized person” is the person, employees, agents, consultants, and contractors, authorized in writing by applicant to complete and submit an eligible facilities modification application on behalf of applicant and who is authorized to receive any notices on behalf of applicant of any action taken by the city regarding the application.

(4) “Base station” shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.

(5) “City” shall mean and refer to the city of Stanwood.

(6) “City code” shall mean and refer to the codified ordinances of the city.

(7) “Co-location” shall mean and refer to when more than one wireless communications provider mounts equipment on a single support structure (e.g., structure, monopole, lattice tower). 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.

(8) “Conceal” or “concealment elements” are transmission facilities designed to look like some feature other than a wireless tower or base station or which minimize the visual impact of an antenna by use of nonreflective materials, appropriate colors and/or a concealment canister.

(9) “Deemed approved” shall mean and refer to an eligible facilities modification application that has been deemed approved upon the city’s failure to act, and has become effective, as provided pursuant to the FCC eligible facilities request rules.

(10) “Eligible facilities modification application” or “application” shall, unless the context clearly requires otherwise, mean and refer to a written document submitted to the city pursuant to this chapter for review and approval of a proposed facilities modification.

(11) “Eligible facilities modification” shall mean and refer to any proposed facilities modification that has been determined pursuant to the provisions of this chapter to be subject to this chapter and which does not result in a substantial change in the physical dimensions of an eligible support structure, tower or base structure involving:

(12) “Eligible facilities modification permit” or “permit” shall, unless the context clearly requires otherwise, mean and refer to a written document issued by the approval authority pursuant to this chapter approving an eligible facilities modification application.

(13) “Eligible support structure” shall mean and refer to any existing tower or base station as defined in this chapter; provided, that it is in existence at the time the eligible facilities modification application is filed with the city under this chapter.

(14) “Existing” shall, for purposes of this chapter and as applied to a tower or base station, mean and refer to a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process of the city, or under another state, county or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

(14.5) “Microcells” means a wireless communication facility consisting of an antenna that is either: (a) four feet in height and with an area of not more than 580 square inches; or (b) if a tubular antenna, no more than four inches in diameter and no more than six feet in length in accord with RCW 80.36.375.

(14.6) “Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either: (a) four feet in height and with an area of not more than 580 square inches; or (b) if a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.

(15) “Proposed facilities modification” shall mean and refer to a proposal submitted by an applicant to modify an eligible support structure which the applicant asserts is subject to review under Section 6409 of the Spectrum Act, and involving:

(16) “FCC” shall mean and refer to the Federal Communications Commission or its successor.

(17) “FCC eligible facilities request rules” shall mean and refer to 47 CFR Part 1 (Part 1 – Practice and Procedure), Subpart CC, Section 1.40001, as established pursuant to its report and order in In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, or as may be thereafter amended.

(17.5) “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.

(18) “Site” shall, for towers other than towers in the public rights-of-way, mean and refer to the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, shall mean and be further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

(19) “Small cell facility” shall mean and refer to a personal wireless services facility that meets each of the following conditions:

(20) “Small cell network” shall mean and refer to a collection of interrelated small cell facilities designed to deliver personal wireless services as further defined in RCW 80.36.375.

(21) “Spectrum Act” shall mean and refer to the “Middle Class Tax Relief and Job Creation Act of 2012” (Public Law 112-96; codified at 47 U.S.C. 1455(a)).

(22) “Substantial change criteria” shall mean and refer to the criteria set forth in SMC 17.205.090.

(22.5) “Telecommunications service” is defined in accord with RCW 35.99.010(7).

(23) “Transmission equipment” is 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.

(24) “Tower” is 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.

(25) “Undergrounded areas” means public rights-of-way in which wireline utilities have been located or relocated underground.

(26) “Utility pole” is a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths. (Ord. 1469 § 4 (Att. C), 2019).