Ordinance
No. 1340
AN
ORDINANCE AMENDING CHAPTER 205.30 O-5, TELECOMMUNICATIONS TOWERS AND FACILITIES
DISTRICT TO ADD LANGUAGE TO THE CODE THAT DEFINES AND REGULATES “SMALL CELL”
TECHNOLOGY WITHIN THE RIGHT-OF-WAY, AS WELL AS OTHER GENERAL HOUSEKEEPING AMENDMENTS
The
Fridley City Council hereby finds after review, examination and recommendation
of staff that Chapter 205.30 O-5, Telecommunications and Towers and Facilities
District be amended as follows:
FRIDLEY CITY CODE
SECTION
205.30. O-5 TELECOMMUNICATIONS TOWERS
AND FACILITIES
DISTRICT
(Ref Ords 1112,
1114, 1117 1136, 1302)
205.30.1. PURPOSE AND INTENT
The general purpose of this
Section is to create an overlay zone to regulate the placement, construction,
and modification of towers and wireless telecommunications facilities as
well as regulate placement, construction and operation of distributed antenna
systems in the public right-of-way in order to protect the health, safety,
and welfare of the public, while at the same time not unreasonably interfering
with the development of the competitive wireless telecommunications marketplace
in the City.
Specifically, the purposes of
this Section are:
A. To protect residential areas and land uses
from potential adverse impact of towers and wireless telecommunications
facilities;
B. To minimize adverse visual impact of towers and wireless
telecommunications facilities through careful design, siting, landscaping, and
innovative camouflaging techniques;
C. To promote and encourage shared use/collection of towers and
existing antenna support structures as a primary option rather than
construction of additional single-use Towers in order to minimize the adverse
visual impact of towers and wireless telecommunications Facilities;
D. To avoid potential damage to property caused by towers and wireless
telecommunications facilities by ensuring that such structures are soundly and
carefully designed, constructed, modified, maintained, located, and removed
when no longer used or determined to be structurally unsound;
E. To ensure that towers and wireless telecommunications facilities
are compatible with surrounding land uses;
F. To facilitate the provision of wireless telecommunications
services to the residents and businesses of the City in a streamlined, orderly,
and efficient fashion;
G. To encourage the location of towers in industrial and business
districts, rather than residential areas;
H. To enhance the ability of providers of telecommunication services
to provide such services to the community quickly, effectively, and
efficiently;
I.
To
identify specific sites within the City where wireless telecommunications
facilities may be located.
J. To
serve the growing demand for telecommunications services through placement of
distributed antenna systems (DAS) in the public right-of-way.
205.30.2. DEFINITIONS
The
following words, terms, and phrases, when used in this section, shall have the
meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning;
“Antenna Support
Structure” means
any building or other structure other than a tower which can be used for
location of wireless telecommunications facilities.
“Applicant” means any Person that applies
for a permit for wireless telecommunication facilities or towers, automatic
meter reading devices or DAS.
“Application” means the process by which a
person submits a request to develop, construct, build, modify, or erect
wireless telecommunication facilities or a tower upon land within the City,
develop, construct, build, modify, or erect an automatic meter reading system
within the City; or develop, construct,
build, modify, or erect DAS within the public right-of-way. Application includes all written
documentation, verbal statements and representations, in whatever form or
forum, made by an applicant to the City concerning such a request.
“Approved Site” means a site which has been
approved by the City Council as an eligible location for placement of wireless
communication facilities.
“Automatic Meter
Reading device” means
a device which is designed for collecting, storing, processing, filtering and
forwarding utility meter data within the public safety and utility bandwidth
licensed by Federal Communications commission, including any antenna attached
to such device and excluding devices reading and transmitting data from a
single utility meter.
“Automatic Meter
Reading system”
means a series of devices which is designed for collecting, storing,
processing, filtering and forwarding utility meter data within the public safety
and utility bandwidth licensed by Federal Communications Commission, including
any antenna attached to such device.
“City” means the City of Fridley,
Minnesota.
“Distributed Antenna System (DAS)” means
a network of remote communications nodes deployed throughout a desired coverage
area, which includes at least one antenna for transmission and reception
utilizing a high capacity signal transport medium connecting each node to a
central communications hub site and radio transceivers located at the hub site
or at each individual node to process the communications signals transmitted
and received through the antennas. Also
referred to as DAS or “small cell”.
“Electrical
Engineer” means
an electrical engineer licensed by the State of Minnesota.
“Existing Site” means a tower or antenna support
structure installed or erected prior to December 18, 1997, and which is not
located on an approved site.
“Owner” means any Person with fee simple
title to any approved site, existing site, site approved by special use permit,
or wireless telecommunications facility.
“Pad Mount Device” means a devise which is designed
for collecting, storing, processing, filtering and forwarding utility meter
data within the public safety and utility bandwidth licensed by Federal Communications
Commission, including any antenna attached to such device like the automatic
meter reading device, but, which is installed on its own pedestal and not on an
existing public utility structure.
“Person” is any natural person, firm,
partnership, association, corporation, company, or other legal entity, private
or public, whether for profit or not for profit.
“Public Utility
Structure” means
a structure or pole appropriate for supporting wires for communications or the
transmission of data or electricity and located on a public right-of-way or
public utility easement orn privately owned property.
“Satellite Earth
Station Antenna”
is all equipment necessary for processing of traffic received from terrestrial
distributions prior to transmission via satellite and of traffic received from
the satellite prior to transfer of channels of communication to terrestrial
distribution systems.
“State” means the State of Minnesota.
“Structural
Engineer” means
a structural engineer licensed by the State of Minnesota.
“Telecommunications
Right-of-Way User”
means a person owning or controlling a facility in the public right-of-way, or
seeking to own or control a facility in the public right-of-way, that is used
or is intended to be used for transporting telecommunication or other voice or
data information. A cable communication
system defined and regulated under Minn. Stat. Chapter 238, and
telecommunications activities related to providing natural gas or electric
energy services whether provided by a public utility as defined in Minn. Stat.
§216B.02, a municipality, a municipal gas or power agency organized under Minn.
Stat. Chapters 453 or 453A, or a cooperative electric association organized
under Minn. Stat. Chapter 308A, are not telecommunications right-of-way users
for the purposes of this Chapter.
“Tower” Means a self-supporting lattice,
guyed, or monopole structure constructed from grade which supports wireless
telecommunications facilities. The term
“tower” shall not include amateur radio operator’s equipment as licensed by the
FCC.
“Wireless
Telecommunications Facilities”
means any cables, wires, lines, wave guides, antennas, and any other equipment
or facilities associated with the transmission or reception of communications
(other than radio or television broadcast communications) which a person seeks
to locate or have installed upon or near a tower or an antenna support
structure. However, the term wireless
telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less
which is located in an area zoned industrial or commercial; and
B. Any satellite earth station reception antenna one meter or less in
diameter, regardless of zoning category; and
C. Automatic meter reading systems.
D. Distributed
Antenna System (DAS)
205.30.3. NON-CONFORMING USES
A. Existing sites shall be considered a legal non-confirming use,
unless otherwise provided for in this Chapter.
B. Installation of additional wireless telecommunications facilities
beyond those in existence on December 18, 1997, on existing sites is
prohibited. Failure to comply with this
provision will be considered a violation of this Chapter and subject to the
penalties described herein. Routine
maintenance of wireless telecommunications facilities on Existing Sites is
permitted, except that existing sites and any wireless telecommunications
facilities installed on existing sites may not increase in size, height,
weight, or otherwise result in an increase in the intensity of the non-conforming
use.
C. If any wireless telecommunications facilities in an existing site
are abandoned for a period of one year, such existing site shall lose is legal
conforming status and shall be considered an illegal nonconforming use. The abandoned wireless telecommunications
facilities shall not be re-established on the site, and must be removed within
twelve (12) months of the cessation of operations. If not removed, the city may remove the
facility and assess the costs of removal against the Owner(s), according to the
procedures established in Chapter 128 of the City Code.
205.30.4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A
Telecommunications
Towers and Facilities
District, 0-5, is created and shall apply to all land within the City subject
to the provisions and use requirements contained in this Section.
205.30.5. USES PERMITTED
A. The construction of towers and the installation, operation and
maintenance of wireless telecommunications facilities shall be permitted use in
the approved sites identified on Appendix A to this Ordinance, subject to the
provisions of this Chapter. Additional
approved sites may be approved by the City Council, subject to the amendment
procedures set forth in Section 205.05.04 of the City code, and the
requirements of this section.
B. All principal, special use, and accessory uses allowed in each
underlying primary zoning district are permitted in the telecommunications
towers and facilities district, except that no towers shall be constructed, and
no wireless telecommunications facilities shall be placed on towers or antenna
support structures, except as provided for in this Chapter.
C. Special Uses. The
construction of towers and the installation, operation, and maintenance of
wireless telecommunications facilities shall be a special use in Zoning
districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way management.
D. Automatic
Meter Reading System Performance Standards. In addition, aAll
automatic meter reading systems must meet the following performance standards:
(1) All automatic meter reading devices located in
the public right-of-way, must obtain an automatic meter reading device permit
and pay the appropriate permit fee, as provided for in Chapter 407 and Chapter
11 of the City Code. This permit
requirement does not apply to individual meters or mobile automatic reading
devices.
(2) Mapping information for the site(s) must be
provided with the automatic meter reading device permit application in a format
compatible to be utilized by the City of Fridley’s
Geographic Information System (GIS).
(3) All automatic meter reading device(s) must be
located no higher than the top of a public utility structure and no closer to
grade than fifteen (15) feet.
(4) Automatic meter reading devices not installed
on a public utility structure will be considered as pad mount design. Its location shall be subject to review and
approval of the City prior to automatic meter reading device permit
application.
(5) All automatic meter reading devices must be the
same color as the public utility structure on which they are located or as
approved by City Staff.
E. Distributed
Antenna System (DAS) Performance Standards.
All DAS operators and DAS within the public right-of-way shall meet the
following criteria and performance standards:
(1) The DAS shall only be located on
an existing public utility structure, excluding stop lights.
a. If the public utility structure must be replaced to structurally
accommodate the DAS, the replacement public utility structure height shall not
exceed the existing public utility structure height and the public utility
structure diameter shall not exceed the existing public utility structure
diameter by more than 50 (fifty) percent.
Once the public utility structure has been replaced to increase its
diameter pursuant to this provision, it shall not again be further increased.
(2) The City may prohibit DAS
attachment to decorative public utility structures.
(3) There shall be no interference
with public safety communication or with the original use of the public utility
structure.
(4) The DAS shall not block light
emanating from the public utility structure.
(5) If the DAS is to be attached to a
City-owned public utility structure, the applicant shall pay a license fee to
the City.
(6) The DAS shall, to the greatest
extent possible match the public utility structure in color, material and
design and the DAS design shall, to the greatest extent possible minimize
exposed cables, wires and other attachment hardware.
(7) The DAS shall not extend above
the top of the existing public utility structure and the height of the existing
public utility structure shall not be increased in height to accommodate the
DAS.
(8) The DAS shall be no larger than
three (3) cubic feet and have no individual surface larger than four (4) feet.
(9) The DAS shall not extend outward
from the utility structure by more than three (3) feet.
(10) There shall be no ground
equipment.
(11) The DAS applicant shall provide
evidence that the public utility structure has adequate structural capacity to
carry the additional equipment proposed.
(12) The DAS applicant must agree that
the DAS or any component of the DAS equipment must be shall be removed and
relocated, at the applicant’s sole expense and at no expense to the City, if
the City or road authority for the public right-of-way in which it is located
requires removal or and relocation of the public utility structure for a public
project.
(13) The DAS applicant shall submit in
writing to the City, written approval from the public utility structure owner
for which the DAS will be attached to.
(14) The DAS applicant shall obtain
any and all permits and approvals from road authority for the public
right-of-way in which is DAS is located.
(15) The DAS applicant must be a
telecommunications right-of-way user as defined in Minn. Stat. § 237.162, Subd.
4.
(16) The DAS applicant shall obtain a
right-of-way permit from the City’s engineering department and comply with any
requirements set forth in the right-of-way permit and City Code Chapter 407, Rights of Way Management.
(17) The DAS applicant shall comply
with all applicable local, state, and federal ordinances, statutes and
regulations.
205.30.6. CRITERIA FOR ADDING APPROVED SITES TO
APPENDIX A
Additional
approved sites, other than those provided in Appendix A to this Ordinance,
shall be approved by the City Council according to the amendment procedures of
Section 205.05.04 of the City code. The
criteria used to determine whether a site shall be designated as an approved
site shall include, but not be limited to, the following requirements:
A. Whether the proposed new site is capable of being developed to
support more than two operating wireless telecommunications facilities
comparable to the others in weight, size, and surface area.
B. Whether the proposed new site poses a risk of explosion, fire, or
other danger due to its proximity to volatile, flammable, explosive, or
hazardous materials such as LP gas, propane, gasoline, natural gas, or
corrosive or other dangerous chemicals; and
C. Whether the proposed new site is necessary and that useable
approved sites are not located within a one-half (1/2) mile radius of the
proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed
site could comply with any separation and buffer requirements of the underlying
zoning district;
E. Whether all foreseeable telecommunications uses of the proposed
new site could comply with the setback requirements of the underlying zoning
district; and
F. Whether the proposed site is accessible for service vehicles;
G. If applicable, whether the proposed site has been designed and
certified by a structural engineer to be structurally sound and, at minimum, in
conformance with the Building and Electric Codes adopted by the City, the
National Electric Safety Code, and any other standards and requirements
outlined in this Section.
H. If applicable, whether the approved site complies with all
applicable Federal Aviation Administration lighting and painting regulations.
I. Whether the proposed site will further the City’s objective that
all towers, antenna support structures, and wireless telecommunications
facilities be designed to blend into the surrounding environment.
J. Whether the proposed site has adequate open space to allow
wireless telecommunications facilities to be installed without detrimentally
impacting landscape, displacing parking, or impeding sight lines of a current
or future principal use.
K. Whether the proposed site adequately contributed to the City’s
overall effort to adequately meet the needs of the wireless telecommunications
industry.
L. Whether the proposed site has amenities such as trees that will
allow screening and sight line relief.
If not, whether the combination of site size and other site
features help to provide sight line relief.
M. Whether there are other structures near the proposed site that can
serve as visual distractions such as high power transmission structures,
highway shoring, or billboards.
N. Whether there are existing buildings or natural topographic
features that meet the height requirements of wireless telecommunications
facilities without a tower structure, or which allow for a lower overall height
of any necessary Tower.
O. Whether there is adequate space on the proposed site so that the
base of any necessary Tower can accommodate essential equipment.
P. Whether the proposed site is outside of any underlying residential
zoning districts.
Q. Whether housed equipment can be placed on top or on the side of a
structure that currently exists in the proposed site.
205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR
WIRELESS TELECOMMUNICATIONS FACILITIES ON APPROVED SITES IN THE CITY.
A. All persons seeking to install, operate and maintain towers
wireless telecommunications facilities in approved sites in the city must file
a telecommunication site special use permit application with the
City which shall include:
(1) The names, address, and telephone number of the
Applicant; and
(2) Written, technical evidence from a qualified
and licensed structural engineer that the proposed tower or antenna support
structure is capable of supporting the equipment necessary to install, operate,
and maintain the proposed antenna. The
engineer shall also certify the capability of the tower to provide adequate
structural support considering existing or other proposed antenna
installations. The engineer shall also
assess and state the design safety margin of the entire antenna support
system. The engineer shall state that
within the limits of engineering certainty, if the structure would fall or
collapse for any reason or due to any event, the structure will be completely
contained within the area identified; and
(3) If proposed on a City-owned site, a completed
application form for lease approval as provided by the City; and
(4) A report from a qualified and licensed
professional engineer which described the height and design of the proposed
wireless telecommunications facility including a cross-section and elevation;
and
(5) A scalable site plan drawn at an engineering
scale showing the location of the wireless telecommunications facility in
relation to surrounding structures; and
(6) If located on a water tower, a written report
addressing the requirements contained herein for water towers; and
(7) Foundation, cross-section, and building plans
for installation of the wireless telecommunications facility; and
(8) An application fee as required by Chapter 11;
and
(9) The application shall also contain an
affirmative statement indicating that the applicant agrees to comply with the
provisions in Section 205.30.2425. regarding abandonment; and
(10) No new or existing wireless telecommunications
service will interfere with public safety telecommunications. Before the introduction of new service or
before implementing any change in existing service, all wireless
telecommunications service providers shall notify the City at least ten (10)
calendar days in advance of such changes and allow the City to monitor
interference levels during the testing process; and
(11) Application for a building permit from the City
pursuant to Chapter 206 of the code; and
(12) A statement as to whether the proposed
development of an approved Site is capable of being developed to support more
than two (2) operating wireless telecommunications facilities comparable to the
others in weight, size, and surface area; and
(13) Written, technical evidence from an independent
consulting engineer licensed to practice
geological engineering in the State of Minnesota confirming that the soil at
the location of the tower or wireless telecommunication facility is capable of
supporting the proposed antenna arrays, equipment, and personnel performing
typical work functions; and
(14) A landscaping plan showing location of
materials, height at planting, types of materials, and installation practices.
B. All
information submitted with an application that is trade secret information or
is for other reasons proprietary shall be clearly marked as such when submitted
with an application. The City shall not disclose publicly, or to
any third party, proprietary information unless compelled to do so by federal,
state or local law.
BC. All
persons seeking to install, operate, and maintain towers or wireless
telecommunications facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a
special use permit shall submit the information required in 205.30.07.A, except
items (3) and (11).
205.30.8. APPLICATION FOR AN AUTOMATIC METER
READING DEVICE IN THE CITY
A. All persons seeking to install, operate and maintain automatic
meter reading systems in the City must file an application with the City, which
shall include:
(1) The name, address and telephone number of the
applicant and property owner; and
(2) Written, technical evidence from a qualified
Structural Engineer that the integrity of the structure on which a proposed
automatic reading devise(s) will be attached and the attachment devise itself
will not jeopardize the structural integrity of the public utility structure;
and
(3) A location plan matching the public utility
structure identification (address) and the appropriate automatic meter reading
device; and
(4) An individual automatic meter reading device
permit fee as required by Chapter 11; and
(5) The application shall contain an affirmative
statement indicating that the applicant agrees to comply with the provisions in
section 1112.23 205.30.25 regarding abandonment; and
(6) No automatic meter reading system will
interfere with public safety telecommunications. Before the introduction of new service or
before implementing any change in existing service, all automatic meter reading
system operators shall notify the City at least ten (10) calendar days in
advance of such changes and allow the City to monitor interference levels
during the testing process.
B. All information submitted with an application that is
trade secret information or is for other reasons proprietary shall be clearly
marked as such when submitted with an application. The City shall not disclose publicly, or to
any third party, proprietary information unless compelled to do so by federal,
state, or local law.
205.30.9 APPLICATION FOR PLACEMENT OF
DISTRUBUTED ANTENNA SYSTEMS (DAS) IN THE RIGHT-OF-WAY
- All persons seeking to
install, operate and maintain distributed antenna systems (DAS) on the
right-of-way within the City must file a right-of-way permit application
with the City that, in addition to any other requirements set forth in
City Code Chapter 407, includes:
(1) The names, address, and telephone
number of the right-of-way permit applicant; and
(2) Written technical evidence from a
qualified and licensed structural engineer that the proposed DAS public utility
structure is capable of supporting the equipment necessary to install, operate
and maintain the DAS. The engineer shall
also certify the capability of the public utility structure to provide the
adequate support needed considering the existing or other proposed equipment
installations. The engineer shall also
assess and state the design safety margin of the entire public utility
structure and DAS. The engineer shall state
that within the limits of engineering certainty, if the public utility
structure would fall or collapse for any reason due to any event, the public
utility structure will be completely contained within the area identified; and
(3) A completed right-of-way permit
application form as provided by the City; and
(4) A report from a qualified and
licensed professional engineer which described the height and design of the
proposed DAS including a cross-section and elevation; and
(5) A scalable site plan drawn at an
engineering scale showing the location of the DAS in relation to the
surrounding structures; and
(6) Foundation, cross-section, and
building plans for installation of the DAS; and
(7) A right-of-way application and
fee as required by Chapter 11; and
(8) A building permit application and
fee pursuant to Chapter 206;
(9) An escrow fee as set forth in
Chapter 11 to be held and utilized in the event the DAS is abandoned without
removal by the applicant and
(10)
The
right-of-way application shall contain an affirmative statement indicating that
the applicant agrees to comply with the provisions of 205.30.5.E for DAS
performance standards and 206.30.25 for abandonment.
(11)
Written,
technical evidence from an independent consulting engineer licensed to practice
geological engineering in the State of Minnesota confirming that the soil at
the location of the DAS is capable of supporting the public utility structure
to which the DAS will be attached.
(12)
Documentation
that the DAS applicant has applied for and obtained any licenses and approvals
that are required by federal and state agencies.
205.30.9.10 APPLICATION PROCESS
A. Upon submission of an application on an approved site, for an
antenna meter reading system, or DAS, the Ccity shall notify
the applicant in writing to confirm if the application is complete addressing
all of the requirements as required by this Section. If the application is incomplete, the letter
will specify what information is missing and the applicant must then submit a
new application. If an application is
submitted on an approved site which is owned by the City, a lease agreement
must be approved by the City Council.
The City shall comply with the time deadlines for agency action as
dictated in Minnesota State Statutes.
Construction or installation on approved sites may begin upon approval
of the lease agreement, if necessary, and issuance of a building permit. Construction or installation on an
automated meter reading system or DAS may begin upon approval of the
application and issuance of any required permits.
B. If a tower or wireless telecommunications facility is approved by a
special use permit, the applicant must also apply for and receive a building
permit.
205.30.10.11 TOWER HEIGHT
Tower
height shall be measured from the average adjoining grade to the highest point
of construction of any tower or wireless telecommunications facilities. Towers are exempt from the maximum height
restrictions of the districts where located.
Towers shall be permitted to a height of one hundred twenty-five (125)
feet.
205.30.11.12 STEALTH DESIGN AND EXTERIOR FINISHES
All
approved sites, towers, and wireless telecommunications, and DAS
facilities shall be designed to blend into the surrounding environment. Monopoles with antenna arrays shall be
finished so as to be compatible with other buildings or structures in the area,
and shall be finished with a non-corrosive material. Wireless telecommunications facilities placed
on water towers shall be finished with a non-corrosive material to match the
color of the water tower.
205.30.12.13 ILLUMINATION
Towers
shall not be artificially illuminated except as required by the Federal
Aviation Administration (“FAA”).
205.30.13.14 LANDSCAPING AND SCREENING
All
sites shall include appropriate landscaping as required herein and shall comply
with all landscaping requirements of the underlying zoning district. Accessory above-ground equipment must utilize
existing buildings or structures, if possible.
If no existing structures are available, the owner of the wireless telecommunications
facilities may construct such a structure.
At minimum, all ground equipment shall be fully screened from public
rights-of-way or residential property by existing structures, a brick
decorative wall, or a solid one hundred percent (100%) opaque vegetative
enclosure, six feet in height at planting.
205.30.14.15 SECURITY
All
towers must be reasonably posted and secured to protect against trespass. Chain link fences may be used to protect
towers and wireless telecommunications facilities. Barbed or razor wire is prohibited. All facilities shall be designed to
discourage unauthorized climbing on the structure.
205.30.15.16 INSTALLATION REQUIREMENTS ON WATER TOWERS AND
IN CITY
Installation
of wireless telecommunication facilities on water towers will be permitted when
the city is fully satisfied that the following requirements are met:
A. The wireless telecommunications facility will not increase the
risks of contamination to the City’s water supply.
B. There is sufficient room on the structure and/or in the grounds to
accommodate the wireless telecommunication facility.
C. The presence of the wireless telecommunication facility will not
increase the water tower or reservoir maintenance costs to the City.
D. The presence of the wireless communication facility will not be
harmful to the health of workers maintaining the water tower or reservoir.
E. All state and federal regulations pertaining to non-ionizing
radiation and other health hazards has been satisfied.
205.30.16.17 BUILDING PERMIT REQUIRED
A
building permit is required for installation of any tower, or
wireless telecommunications facility or DAS. The completed installation, including all
associated buildings, shall comply with all applicable building codes including
but not limited to the most currently adopted version of the N.F.P.A. 70
National Electrical Code, TIA/EIA 222 Structural Standards for steel antenna
towers, and others as may be determined by the Building Official.
205.30.17.18 SETBACKS
The
tower or wireless communications facility shall be located in rear or side yard
areas and shall be set back at least ten (10) feet from side or rear lot lines.
205.30.18.19 SIGNS
Signs
no larger than 4 square feet in size and attached to a structure are the only
permitted signage associated with the tower or wireless telecommunications
facility.
205.30.19.20 CERTIFICATIONS AND INSPECTIONS
A. All towers and wireless telecommunications facilities shall be
periodically reviewed by the City to be structurally sound and in conformance
with the requirements of the City Code, this Chapter, any conditions of
approval placed on a special use permit and all other construction standards
set forth by the City’s Code, and federal, state, and local law. Existing sites may be inspected for compliance
with this Section at any time if the City believes there are questions
regarding compliance with the City Code, this Section, any conditions of
approval placed on a special use permit, all other construction standards set
forth in the City’s Code, and all other federal, state and local laws.
B. The City and its agents shall have authority to enter onto any
approved site, existing site, or site approved by special use permit between
the inspections and certifications required above, to inspect the site for the
purpose of determining whether the sites comply with the State Building and
Electrical Codes, the National Electric Safety Code and all other construction
standards provided by the City’s Code and federal and State law.
C. The City reserves the right to conduct such inspections at any
time, upon reasonable notice to the owner(s).
All expenses related to such inspections by the City shall be borne by
the site owner(s).
205.30.20.21 MAINTENANCE
A. Ordinary and reasonable care of towers, wireless telecommunications
facilities, and automatic meter reading systems/devices, and
DAS shall be employed at all times.
All towers, wireless telecommunications facilities, and automatic
meter reading systems, and DAS shall at all times be kept and maintained
in good condition, order and repair so that the same shall not menace or
endanger the life or property of any person.
B. Owners shall install and maintain towers, wireless
telecommunications facilities, and automatic meter reading
systems/devices, and DAS in substantial compliance with the
requirements of the National Electric Safety Code and all FCC, State and local
regulations, and in such manner that will not interfere with the use of other
property.
C. All maintenance or construction on towers, wireless
telecommunications facilities, or automatic meter reading
systems/devices or DAS shall be performed by qualified maintenance and
construction personnel.
D. All owners of wireless telecommunications facilities, and
automatic meter reading systems/devices, and DAS shall maintain
compliance with current radio frequency emission standards of the FCC. In order to provide information to its
citizens, copies of all FCC information concerning wireless telecommunications
facilities, and automatic meter reading systems/devices, and
DAS shall be made available to the City and updated annually.
E. In the event the use of a tower, or a public utility
structure, or a wireless telecommunications facility, or an
automatic meter reading system/device or DAS is discontinued by the
owner of the wireless telecommunications facility, or automatic
meter reading system or DAS, or in the event an owner files notice to
the FCC of its interest to cease operating the owner shall provide written
notice to the City of its intent to discontinue use and the date when the use
shall be discontinued.
205.30.21.22 PRIORITY FOR USE
Priority
for use of the installation, maintenance and operation of towers and wireless
telecommunications facilities will be given to the following entitles in
descending order:
A. City of Fridley.
B. Public safety agencies, including law enforcement, fire, and
ambulance services, which are not part of the City of Fridley
and private entities with a public safety agreement with the City of Fridley.
C. Other governmental agencies, for uses which are not related to
public safety.
D. Entities providing licensed commercial wireless telecommunication
services including cellular, personal communication services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and
similar services that are marketed to the general public.
205.30.22.23 CO-LOCATION
Towers shall be designed to
support more than two wireless telecommunications facilities.
205.30.23.24 FEES
The
applicant shall pay the fees listed in Chapter 11 for processing a request to
install, operate, and maintain a tower, public utility structure, pad mount
device, or a wireless telecommunications facility, or an
automatic meter reading system and/or devices, or DAS in the City. If deemed as necessary due to the nature of
the application, the applicant shall also be required to reimburse the City for
its cost to retain a consultant to review the requested application.
205.30.24.25 ABANDONMENT
If
any site for which approval to install, maintain, and operate a tower, or a
public utility structure, or wireless telecommunications facilities or
automatic meter reading systems has been granted by the City shall cease to be
used for a period of 365 consecutive days, the City shall notify the wireless
telecommunications facility operator, automatic meter reading device operator
and the owner of the property, that said site has been deemed abandoned. Upon a finding of abandonment by the city,
the tower, or a public utility structure, or wireless telecommunications
facilities or automatic meter reading systems that have been abandoned must be
removed or an annual user fee shall be paid to the City. If it is determined that the abandoned tower,
public utility structure, wireless telecommunications facility or automatic
meter reading system cannot be removed in a reasonable time period by the
owner, the City shall assess all costs related to the removal to the owner(s),
according to the procedures established in Chapter 128 of the City Code.
If
any site for which approval to install, maintain, and operate a tower, or a
public utility structure, or wireless telecommunications facilities, automatic
meter reading systems or DAS has been granted by the City shall cease to be
used for a period of 365 consecutive days, the City shall notify the wireless
telecommunications facility operator, automatic meter reading device operator,
the DAS operator and the owner of the property, that said site or system has
been deemed abandoned. Upon a finding of
abandonment by the City, the tower, public utility structure, wireless
telecommunications facilities, automatic meter reading system, or DAS must be
removed or an annual user fee shall be paid to the City. If it is determined that the abandoned tower,
public utility structure, wireless telecommunications facility, automatic meter
reading system or DAS cannot be removed in a reasonable time period by the
owner or operator, the City shall assess all costs related to the removal to
the owner(s) or operator(s), according to the procedures established in Chapter
128 of the City Code.
205.30.26 NO
RECOURSE
No
Recourse against the City. Every permit
issued to an applicant for construction, installation, maintenance, or
operation of a wireless telecommunications facility, automated meter reading
system/device or DAS shall provide that, without limiting such immunities as
the City of other persons may have under applicable law, an applicant/permit
holder shall have no monetary recourse whatsoever against the City of its
elected officials, boards, commissions, agents, employees or volunteers for any
loss, costs, expense or damage arising out of any provision or requirements of
this Ordinance or because of the enforcement or lack of enforcement of this Ordinance
or the City’s exercise of its authority pursuant to this Ordinance, a permit, a
lease, or other applicable law, unless the same shall be caused by criminal
acts or by willful gross negligence.
Nothing herein shall be construed as a waiver of sovereign immunity.
205.30.27 DATA PRACTICES
All
documentation submitted pursuant to this Chapter by an applicant shall be
subject to and governed by the Minnesota Government Data Practices Act.
205.30.25.28 SEVERABILITY
If
any clause, section, or other part of this Section shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this
Section shall not be affected thereby, but shall remain in full force and
effect.
205.30.26.29 VIOLATION
Any
person who shall violate any of the provisions of this Section shall be guilty
of a misdemeanor and subject to the provisions of Chapter 901 of the Fridley
City Code.
205.30.30
EXPIRATION OF INTERIM ORDINANCE
Interim
Ordinance No. 1326 shall expire and be of no force and effect fifteen (15) days
after the date of the publication of this ordinance. This Section
205.30.30 shall not be codified following the publication and effective date of
this ordinance.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH
DAY OF DECEMBER 2016.
________________________
Scott
J. Lund, Mayor
ATTEST:
_____________________________
Debra A. Skogen, City Clerk
Public
Hearing: November 14, 2016
First
Reading: November 28, 2016
Second
Reading: December 12, 2016
Published: December 16, 2016