17.210.070 Right-of way permit for small cells and deviations.
(1) The director shall review applications for a right-of-way permit for a small cell deployment approved by a franchise or described in a concurrent franchise application. Deviations of the plans submitted may be approved by the director if the dimensions or volume of small cell facilities do not exceed the cumulative total provided by the definition of a small cell or microcell facility in RCW 80.36.375 and concealment technologies referenced in the exhibits to the franchise or design standards. A deviation may be approved by the director in the following circumstances:
(a) An increase in height of up to 10 feet above the top of the existing pole.
(b) An increase in height exceeding 10 feet above the top of the existing pole if required by the utility company for safety and/or operational purposes. The replacement pole shall be installed by the utility company.
(c) Replacement components of an existing, approved small cell facility, and the addition of antennas on a pole that exceed a cumulative total of nine cubic feet, shall be considered a deviation. Provided, however, that in each instance the replacement components are consistent with the intent of the concealment features set by city’s generally applicable pole design standard adopted pursuant to the franchise, or applicable city code.
(2) Right-of-way permits to install small cell facilities including approval of deviations shall be processed within 90 days of receipt of a complete application and final approval of a franchise, whichever occurs last. A right-of-way use permit for small cell deployment is a police power regulation adopted pursuant to RCW 35.99.040(2) and accordingly is not subject to the 30-day use permit issuance requirement contained in RCW 35.99.030(2).
(3) The decision of the director to approve or deny a right-of-way permit for a small cell facility with a deviation, if any, shall be final and is not subject to appeal under city code or further legislative review.
(4) Wireless communication facilities other than small cell deployment in the public right-of-way shall be reviewed pursuant to Chapter 17.220 SMC. (Ord. 1469 § 6 (Att. E), 2019).