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Posted on: December 13, 2016

[ARCHIVED] Ord 1340 -Telecommincation Towers and Facility Districts


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


 


  1.  
  2. 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


 


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