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A. New poles within the right-of-way or for installations on a decorative pole or in a city park or in the downtown historic district are only permitted if the applicant can establish that:

1. The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public right-of-way or a park such as public property, building, transmission tower or separate structure;

2. The proposed small wireless facility complies with the applicable requirements of MMC 22.62.180(A);

3. The proposed small wireless facility receives approval for a concealment element design, as described in subsection (C) of this section;

4. The proposed small wireless facility complies with SEPA, if applicable; and

5. No new poles shall be located in a critical area or associated buffer required by the city’s critical areas management ordinance (Chapter 22.80 MMC), except when determined to be exempt pursuant to said ordinance.

B. An application for a new pole or installation on a decorative pole or in a city park is subject to review and approval or denial by the director.

C. The concealment element design shall include the design of the screening, fencing or other concealment techniques for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to signal and power connections.

1. If the applicant desires to place the small wireless facility on a decorative pole, and the city has created a small wireless facility standard for such type of decorative pole in the standard specification and details, then the applicant is encouraged to first consider using the decorative pole design adopted for small wireless facilities from the standard specification and details. The applicant, upon a showing that using the standard decorative pole design is either technically or physically infeasible, or that a 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 decorative pole design and propose a concealment element design consistent with subsection (C)(2) of this section.

2. If the director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technically feasible, or that such deployment would undermine the generally applicable design standards; in such case, the applicant shall propose a concealment element design consistent with subsection (C)(3) of this section.

3. The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the right-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole, then the replacement pole shall be of the same general design as the pole it is replacing. Any concealment element design for a small wireless facility should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture, or the appearance thereof, as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure, to the extent technically feasible.

D. Even if an alternative location is established pursuant to subsection (A)(1) of this section, the director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city’s comprehensive plan and the added benefits to the community.

E. Prior to the issuance of a permit to construct a new pole- or ground-mounted equipment in the right-of-way (other than an electric meter or other third-party service equipment), the applicant must obtain a site-specific agreement from the city to locate such new pole- or ground-mounted equipment. This requirement also applies to replacement poles when the replacement is necessary for the installation or attachment of small cell facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the small cell facility is more than sixty feet. (Ord. 008/2022 § 4 (Exh. B))