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Ordinance 35800006.90000 WSS /gjz 11/29/05 ORDINANCE NO. 3580 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 18.05.000(A)(6), AND ECDC 18.05.030(B)(3) RELATING TO UTILITY WIRES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, application has been made to the City Council to revise the provisions relating to the replacement of poles in order to provide adequate separation between wireless antennae and power lines on new poles in accordance with the State Building Code; and WHEREAS, the City Council finds that the benefit to the public of disbursing wireless antennae throughout the City outweighs any detriment to any local neighborhood and the minimum intrusions that may result; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: follows: Section 1. ECDC 18.05.000 Scope, Section A 6 is hereby amended to read as 18.05.000 Scope. A. This chapter shall be interpreted to require all new, or extended utilities to be underground, except when exempted by this chapter: 6. "New or extended utilities" shall mean only utilities which are being built or extended to serve a new commercial, industrial, or multi - family residential development which has not had that type of utility service or to serve a new single - family residential subdivision. {WSS620569.DOC;1/00006.900000/} - I - a. This definition shall not include: i. Temporary extensions of service for construction purposes; ii. Additions to any existing above - ground utility system where such additions are not for the purpose of serving new commercial development or a single - family residential subdivision; nor iii. Rebuilding or replacing existing common utilities; provided, that the rebuilt or replaced structures do not expan d the existing utility's use within the project area by ten percent except as provided in Section 18.05.030(B)(3) for wireless faculties. "Expansion" shall include the number and height of poles, as well as the number of wires or cable carried thereon. b. All utility services sought to be constructed as temporary services, additions or rebuilt or replaced service, shall be reviewed prior to issuance of a permit by the Community Services Director. Any utility service found to be a "new or extended" service or an "expanded" service shall be reviewed as herein provided. Section 2. ECDC 18.05.030 Design Standards, subsection B(3) shall be revised to read as follows: 18.05.030 Design Standards. B. Above - ground utilities. 3. A PUD transmission pole may be extended or replaced with a new pole that is increased in height to allow one wireless carrier to mount antennae on an existing structure. The new pole height may be increased by no more than the sum of the height of the wireless antennae plus fifteen feet of vertical separation from the power lines. The fifteen feet vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carrier's antennae. All other components of the wireless facility must {WSS620569.DOC;1/00006.900000/} - 2 - comply with ECDC 20.50 Wireless Communications Facilities. PUD transmission poles are those poles which are carrying fifty kV or greater power lines. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: ,4,44,L, MAYO GA KENSON ATTEST /AUTHENTICATED: �. � �4--44- CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ( 5�&& W. SCOTT SNYDER FILED WITH THE CITY CLERK: 12/30/2005 PASSED BY THE CITY COUNCIL: 01/03/2006 PUBLISHED: 01/08/2006 EFFECTIVE DATE: 01/13/2006 ORDINANCE NO. 3580 {WSS620569.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3580 of the City of Edmonds, Washington On the 3`d day of January, 2006, the City Council of the City of Edmonds, passed Ordinance No. 3580. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 18.05.000(A)(6), AND ECDC 18.05.030(B)(3) RELATING TO UTILITY WIRES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 4t" day of January, 2006. CITY CLERK, SANDRA S. CHASE {WSS620569.DOC;1/00006.900000/} - 4 - STATE OF WASHINGTON, COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO 3580 On the 3rd day ofiJanuary, 2006, the City Council of the City of Edmonds, passed Ordinance No. as follows: 3580. A summary of the content of said ordinance, consisting of the title, provides AN ORDINANCE OF THE CITY OF EDMONDS WASH- INGTON, AMENDING THE PROVISIONS OF , ECDC ))A EW� RELATING UTIILITY WES D FIXING A TIM THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 4th day of January, 2006. CITY CLERK, SANDRA S. CHASE Published: January 8, 2006. RECEIVED .9 7 2 EDMOMS Vi ti y VL.Gflt1 Account Name: City of Edmonds Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3580 City of Edmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: January 08, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 9th day of ,January, 2006 in and for the State Account Number. 101416 loj 0 . SOON PC... �I in rEv � h Nrsh `� lJ 0 0 PUBS 0 i � I . ,