6.08.050 Requirements for small wireless facilities in rights-of-way.
A. Generally. Small wireless facilities in the rights-of-way shall meet the minimum requirements set forth in this chapter and the requirements of any other applicable law.
B. Regulations. The decisions on applications for SWF permits shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined by the director that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services through a SWF or EFR, or otherwise violate applicable laws or regulations. If that determination is made, requirements of this chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation.
C. Minimum Requirements. Small wireless facilities shall be installed and modified in a manner that:
1. Minimizes risks to public safety, avoids placement of ground-based facilities in underground areas, avoids installation of new purpose-built SWFs in the rights-of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located.
2. Ensures that the city bears no risk or liability as a result of the SWF or EFR installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights-of-way.
3. Other Applicable Requirements. In addition to the SWF permit required by this chapter, the deployment of a SWF in the right-of-way requires the persons who will own or control those facilities to obtain all necessary federal (including FCC or FAA requirements), state and local licenses, permits and approvals including, but not limited to, a right-of-way use agreement (RUA), master license agreement, site license agreement, right-of-way use permits, temporary traffic control plans, proof of agency and permits for the construction, maintenance and operation of the SWF or installation of a replacement pole (collectively referred to hereinafter as “government approvals”) at its sole expense.
4. Ensures compliance with all standards for noise emissions.
5. Ensures RF exposure compliance. All equipment must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate safe exposure to RF emissions.
D. Design Standards for SWFs in the Right-of-Way. The city of Bellevue has a history of investing in and maintaining rights-of-way in a manner that reflects the character of existing and future planned development by taking into account the land use districts bounding the rights-of-way. Applications for SWF and SWF EFR permits shall incorporate specific concealment elements and design standards described in this section to minimize visual impacts. Unless it is determined that another design is equivalent to or less intrusive through the optional preapproved design process (pursuant to BCC 6.08.060(E)), the following standards shall be met:
1. General Standards Applicable to All SWFs.
a. Pole-Mounted Antenna(s) – Mounting Locations. Pole-mounted antennas are the preferred deployment option and shall be located : (i) flush-mounted to the pole as close as technically feasible, but in no case greater than a distance of 12 inches measured from the outside edge of the pole to the inside edge of the antenna; (ii) side-mounted to the pole as close as technically feasible, but in no case greater than a distance of 12 inches measured from the outside edge of the pole to the inside edge of the antenna; and/or (iii) mounted to the top of the pole in a canister that does not exceed 18 inches in diameter. All SWF antennas shall be located entirely within the limits of the right-of-way. When an installation includes more than one flush-mounted or side-mounted antenna, the antennas shall be located as symmetrically around the pole to which they are affixed as is technically feasible.
b. Pole-Mounted Antenna(s) – Maximum Size. Each individual antenna that is located inside an antenna enclosure shall not exceed a maximum volume of three cubic feet. Each individual antenna that has exposed elements shall fit within an imaginary enclosure that does not exceed a maximum volume of three cubic feet. In no case shall the maximum volume of antennas located within a shroud or fitting within an imaginary enclosure on a single pole exceed 15 cubic feet.
c. Strand-Mounted Antenna(s) – Mounting Locations. Strand-mounted antennas shall only be located between two utility poles on a strand that is parallel to the ground and the edge of the right-of-way. Strand-mounted antennas shall not be located on any strand between two utility poles that crosses the right-of-way. All strand-mounted antennas shall be located entirely within the limits of the right-of-way. Strand-mounted antennas shall be placed as close as possible to the nearest utility pole, and in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the utility pole owner for safety clearance.
d. Strand-Mounted SWFs – Maximum Size. Each strand-mounted SWF shall not exceed a maximum volume of three cubic feet comprised of radio, antenna and supplementary equipment, but excluding mounts and connectors. Strand-mounted SWFs located between two utility poles shall be consolidated to the greatest extent technically feasible. No strand-mounted component of a SWF installation shall exceed 18 inches in diameter, and no portion of the SWF shall extend greater than a distance of 12 inches measured from the strand on which it is mounted.
e. Pole-Mounted Equipment – Shrouding and Maximum Size. Pole-mounted equipment is the preferred deployment option and shall be: (i) consolidated to the greatest extent technically feasible; (ii) covered by a full or partial shroud which creates a uniform appearance and conceals all equipment, cabling and attachment points; and (iii) no larger than is reasonably necessary to conceal the consolidated equipment, but in no case shall the maximum volume exceed 15 cubic feet. An electrical disconnect not exceeding 0.4 cubic feet and mounted in compliance with the locational criteria of subsection (D)(2)(a) of this section may be located independent of the pole-mounted equipment to maintain disconnect functionality and maintenance worker safety.
f. Ground-Based Equipment. If it is technically infeasible to pole-mount all of the equipment within the maximum 15-cubic-foot volume, then equipment may be ground-based in the right-of-way pursuant to the following standards:
i. Any necessary ground-based equipment in an undergrounded area shall be undergrounded to the extent technically feasible.
ii. Ground-based equipment not located in an undergrounded area should be undergrounded. If it is technically infeasible to underground the ground-based equipment or to pole-mount the equipment in compliance with the maximum size standards of subsection (D)(1)(e) of this section, the ground-based equipment may be located fully or partially above grade; provided, that: (a) the volume of ground-based equipment that is located above grade shall not exceed a maximum of 13 cubic feet; (b) the ground-based equipment shall be aesthetically compatible with other above-grade utilities (e.g., signal boxes, electrical equipment, etc.) that are located within 600 feet of the pole; and (c) the ground-based equipment shall not encroach into any areas of required sidewalk.
g. Unified Enclosure(s).
i. Maximum Size. Unified enclosure(s) may be co-located on a pole with other antenna(s) or equipment provided the combined volume of the equipment within and outside the unified enclosure(s) shall not exceed 15 cubic feet in the aggregate, and the combined volume of antenna(s) within and outside the unified enclosure(s) shall not exceed 15 cubic feet in the aggregate.
ii. Antennas and Equipment. Antennas and equipment may be consolidated in a unified enclosure; provided, that the consolidation shall be: (a) no larger than is reasonably necessary to conceal the antenna(s) and equipment; (b) mounted in compliance with the locational criteria of subsection (D)(1)(a) of this section; and (c) mounted in compliance with the locational criteria of subsection (D)(2)(a) or (D)(3)(a) of this section.
iii. Electrical Disconnect. An electrical disconnect not exceeding 0.4 cubic feet and mounted in compliance with the locational criteria of subsection (D)(2)(a) of this section may be located independent of the consolidated antenna and equipment to maintain disconnect functionality and worker safety.
h. Visual Impact. Antenna(s) and equipment shall have subdued colors and nonreflective materials unless otherwise approved by the city. To the greatest extent technically feasible, contrast between the pole and attached antenna(s) and equipment, colors, finishes, brackets and configuration shall be minimized.
i. Public Safety/Codes. Antenna(s) and equipment shall not constitute an obstruction and shall comply with all applicable codes, laws (including ADA), standards and regulations. Antenna(s) and equipment must comply with applicable noise limitations including Chapter 9.18 BCC and LUC 20.20.525. In the event of a conflict between these design standards and any applicable health and safety codes, such health and safety codes shall govern, but only to the minimum extent necessary to avoid a violation.
j. Locational Considerations. Antenna(s) and equipment shall not be located within 50 feet of an intersection identified as a key city entry or a neighborhood identity point on Comprehensive Plan Map UD-1 unless otherwise approved by the director because the location does not pose a conflict with the proper functioning of the traffic control system or an approved gateway intersection design.
k. Advertising Devices, Signs and Lighting.
i. No advertising, branding or advertising devices or elements shall be placed in, on or about the SWF unless otherwise approved by the city as a concealment technique.
ii. An emergency telephone number shall be posted and maintained on each SWF. No other signs are permitted, unless required by law. Such sign may not exceed eight inches in height and the width of the pole or the minimum necessary to meet FCC requirements. The sign shall contain the pole identification number, service number and emergency contact for both the operator and backhaul provider. The mounting height of the sign shall be consistent with state and federal law.
iii. No lighting on a SWF is permitted in excess of what is required to replace preexisting functionality on the pole required by law.
2. Specific Additional Standards Applicable to SWFs Co-Located on City Poles. The following specific standards apply to SWFs co-located on city poles in addition to the general requirements contained in subsection (D)(1) of this section:
a. Pole-Mounted Equipment – Mounting Locations. Any pole-mounted equipment shall be located entirely within the limits of the right-of-way, and in accordance with: (i) the Transportation Department Design Standards and Plans, or (ii) the optional preapproved design.
b. Replacement Poles. If a replacement pole is proposed, then such pole shall be a standard pole approved for use at that location of the city or designed to utilize materials and specifications approved by the city transportation department in its discretion. Replacement poles shall be located as close to the existing pole location as possible and in no event greater than 10 feet from the existing pole being replaced unless otherwise approved by the director. A replacement pole: (i) shall continue to fulfill all of the uses that existed on the original pole prior to its replacement; (ii) shall be located entirely within the limits of the right-of-way; and (iii) shall not require the removal of a street tree that cannot otherwise be replaced or relocated in a manner that will accommodate both the street tree and the replacement pole.
c. Wiring. Transmission, fiber, power cables and any other conduit shall be contained within any concrete, glulam wood or metal pole. Wires contained within the interior of the pole are not included in the calculation of maximum equipment volume. No wiring shall be visible on the exterior of the pole. Wire connecting the antenna(s) to the antenna equipment shall be consolidated and pulled as tight as technically feasible or concealed within a shroud. A shroud shall be the minimum size necessary to consolidate and conceal connecting wires. The volume of area enclosed within the shroud will not be counted against the maximum antenna or equipment volumes allowed pursuant to subsections (D)(1)(b) and (D)(1)(e) of this section. Loops of extra wire shall not be lashed to the pole, to electrical wires supported by the pole, or to any pole-mounted antenna equipment.
3. Specific Additional Standards Applicable to SWFs Co-Located on Utility Poles. The following specific standards apply to SWFs co-located on utility poles in addition to the general requirements contained in subsection (D)(1) of this section:
a. Pole-Mounted Equipment – Mounting Locations. Any pole-mounted equipment shall be located: (i) pursuant to separation requirements of the utility pole owner as necessary to ensure proper functioning of the utility service; (ii) no less than 10 feet from the ground; and (iii) entirely within the limits of the right-of-way.
b. Replacement Utility Poles. Replacement poles shall be located as close to the existing pole location as possible and in no event greater than 10 feet from the existing pole being replaced unless otherwise approved by the director. A replacement pole: (i) shall continue to fulfill all of the uses that existed on the original pole prior to its replacement; (ii) shall be located entirely within the limits of the right-of-way; (iii) shall not require the removal of a street tree that cannot otherwise be replaced or relocated in a manner that will accommodate both the street tree and the replacement pole; and (iv) shall be aesthetically compatible with other utility poles that are located within 600 feet of the existing pole.
c. Wiring. To the extent technically feasible, transmission, fiber, power cables and any other conduit should be contained within any concrete, wood or metal pole or its replacement. Wires that are not technically feasible to contain within a utility pole or its replacement shall:
i. Be enclosed in conduit. Wiring shall be encased in the minimum number of separate conduit runs of the minimum diameter technically feasible to accommodate required external pole connections between antenna(s)/equipment and transmission/fiber/power service.
ii. Not be visible on the exterior of the pole. Wires connecting the antenna(s) to the antenna equipment outside the conduit shall be consolidated and pulled as tight as technically feasible or concealed within a shroud. A shroud shall be the minimum size necessary to consolidate and conceal connecting wires. The volume of area enclosed within the shroud will not be counted against the maximum antenna or equipment volumes allowed pursuant to subsections (D)(1)(b) and (D)(1)(e) of this section. Loops of extra wire shall not be lashed to the pole, to electrical wires supported by the pole, or to any pole-mounted antenna equipment.
4. Specific Additional Standards Applicable to SWFs Installed on Purpose-Built Poles. The following specific standards apply to SWFs installed within or on purpose-built poles in addition to the general requirements contained in subsection (D)(1) of this section:
a. When Allowed. New purpose-built poles in rights-of-way are permitted only when the applicant establishes by substantial evidence that: (i) the SWF cannot be co-located on an existing city pole or utility pole; (ii) the SWF complies with applicable shoreline and critical areas requirements; and (iii) review under the State Environmental Policy Act (SEPA) is completed, if applicable.
b. Maximum Height. The maximum height of a proposed purpose-built pole, inclusive of antenna, shall be the shorter of 50 feet, or no more than 10 percent taller than adjacent city or utility poles located within 600 feet, unless otherwise approved by the director.
c. Location. A purpose-built pole: (i) shall be located entirely within the limits of the right-of-way; (ii) shall not be located within 20 feet of a city, utility or purpose-built pole unless otherwise approved by the director; (iii) shall not require the removal of a street tree that cannot otherwise be replaced or relocated in a manner that will accommodate both the street tree and the purpose-built pole; and (iv) shall comply with applicable location and separation requirements contained in the Transportation Design Manual as currently adopted or subsequently amended.
d. Design. Any purpose-built pole shall be aesthetically compatible with: (i) utility poles that are located within 600 feet of the existing pole; and (ii) standard city poles approved for use at that location of the city or designed to utilize materials and specifications approved by the city transportation department in its discretion. If the purpose-built pole is located in an area with decorative poles, the purpose-built pole shall mimic the design of the decorative poles and shall comply with applicable area design standards contained in the Transportation Design Manual as currently adopted or subsequently amended.
5. Specific Additional Standards Applicable to Strand-Mounted SWFs. The following specific standards apply to SWFs installed on a strand located between two utility poles in addition to the general requirements contained in subsection (D)(1) of this section:
a. Wiring. Strand-mounted SWFs must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). No more than one strand is permitted between poles to support the SWFs. Electrical power to strand-mounted facilities shall be served aerially from poles connected to an adjacent pole with existing electrical conduit. Wiring and cable connections to the SWF shall be securely lashed to the strand.
b. Strand Attachments. Strand attachments shall not exceed the structural limits of the existing span and the existing or replacement poles.
c. Strand and Service Connection Dimensions. The post-installation cumulative dimension of the strand and all wiring, cables and lashing needed to serve the SWF and secure the installation shall not exceed a maximum of four inches in diameter.
d. Limitation on Deployment. Strand-mounted facilities are prohibited between purpose-built poles, or between existing poles that do not support electric, telephone, data, telecommunications, cable services and similar utility lines or strands. No more than two SWF installations are permitted between two poles. (Ord. 6755 §§ 6 – 19, 2023; Ord. 6462 § 6, 2019; Ord. 6454 § 5, 2019.)