CITY OF FRIDLEY
ANOKA COUNTY,
MINNESOTA
ORDINANCE NO. ____
AN ORDINANCE
AMENDING FRIDLEY CITY CODE SECTION 205.30. O-5 TELECOMMUNICATIONS TOWERS AND
FACILITIES DISTRICT TO CONFORM TO RECENT LEGISLATIVE ENACTMENTS RELATED TO
SMALL WIRELESS DEPLOYMENT
The Fridley City Council
hereby finds after review, examination and recommendation of staff that Chapter
205.30 related to O-5 Telecommunications Towers and Facilities District and
Chapter 11.01 related to Fees be hereby amended and ordains as follows:
SECTION I: That Chapter 205.30 be hereby amended as
follows:
FRIDLEY ZONING CODE
CHAPTER 205.30. O-5
TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT
City Code Chapter 205.30 of the Code of Ordinances (hereafter “this Code”) is hereby amended
to read as follows:
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) small wireless facilities 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 small wireless facilities 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 small wireless facilitiesDAS
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.
“Collocate” or
“Collocation” means to install,
mount, maintain, modify, operate, or replace a small wireless facility on,
under, within, or adjacent to an existing wireless support structure that is
owned privately or by a local government unit.
“Electrical Engineer” means an electrical engineer licensed by the State of
Minnesota.
“Distributed Antenna
System (DAS)” means a network of remote communication 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”.
“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.
“Micro Wireless Facility” means a small wireless facility that is no larger
than twenty-four (24) inches long, fifteen (15) inches wide, and twelve (12)
inches high, and whose exterior antenna, if any, is no longer than eleven (11)
inches.
“Local Government Unit” means a county, home rule charter or statutory city,
town, or the Metropolitan Council.
“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 devisce 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 or 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.
“Small wireless facility” means (1) a wireless facility that meets both of the
following qualifications: (i)each antenna is located inside an enclosure of no
more than six (6) cubic feet in volume or,
in the case of an antenna that has exposed elements, the antenna and all
its exposed elements could fit within an enclosure of no more than six (6)
cubic feet; and (ii) all other wireless equipment associated with the small
wireless facility, excluding electric meters, concealment elements,
telecommunications demarcation boxes, batter backup power systems, grounding
equipment, power transfer switches, cutoff switches, cable, conduit, vertical
cable runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or
concealment, is in aggregate no more than twenty-eight (28) cubic feet in
volume; or (2) a micro wireless facility.
“State” means the State of Minnesota.
“Structural Engineer” meaFns 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 providing wireless service, or 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 and Minn. Stat. § 237.163, except to the
extent these entities are offering wireless services.
“Toll” means
to stop the running of a relevant time period, such as a review period.
“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. Lattice
or guyed structures are prohibited.
“Utility Pole” means a pole that issued in whole or in part to
facilitate telecommunications or electric service.
“Wireless Backhaul Facility” means a facility used to transport communications data
by wire from a wireless facility to a communications network.
“Wireless Facility” means equipment at a fixed location that enables the
provision of wireless services between user equipment and a wireless service
network, including: (1) equipment associated with wireless service; (2) a radio
transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration;
and (3) a small wireless facility.
“Wireless facility” does not include the following: wireless support
structures, wireline backhaul facilities; or coaxial or fiber-optic cables
between utility poles or wireless support structures or that are not otherwise
immediately adjacent to or directly associated with a specific antenna.
“Wireless Service” means any service using licensed or unlicensed
wireless spectrum, including the use of Wi-Fi, whether at a fixed location or
by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services
regulated under Title VI of the Communications Act of 1934, as amended,
including a cable service under United States Code, title 47, section 522, clause
(6).
“Wireless Support Structure” means a new or existing structure in a public
right-of-way designed to support or capable of supporting small wireless facilities,
as reasonably determined by a local government unit.
“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.; and
D. Distributed Antenna System (DAS) Small wireless facilities.
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.
D. Automatic Meter Reading System Performance
Standards. All 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. Small Wireless Facilities in the Public
Right of Way Performance Standards in Underlying Non-Residential Districts. Distributed
Antenna System (DAS) Performance Standards. All small wireless facility DAS
operators and small wireless facilities DAS are permitted uses in all non-residential underlying
zoning districts within the public right-of-way and shall meet the
following criteria and performance standards:
(1) The small wireless facility DAS
shall only be located on an existing public utility structureutility
pole or wireless support structure, excluding stop lights.
a. If the public
utility structureThe utility pole or wireless support structure be
replaced to structurally accommodatinge the small wireless
facility DAS, the replacement public utility structure height
shall not exceed fifty (50) feet in height. the existing public
utility structure height and the public utility structure diameter shall not
exceed the existing public utility structure 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 small wireless facilityDAS
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 structureutility
pole.
(4) The small wireless facility DAS shall
not block light emanating from the public utility structureutility
pole.
(5) If the small wireless facilityDAS
is to be attached to a City-owned public utility structureutility
pole or wireless support structure, the applicant shall pay a rental fee to
the City pursuant to the City’s standard Collocation Agreement .
(6) The small wireless facility DAS shall,
to the greatest extent possible match the public utility structureutility
pole or wireless support structure in color, material and design and the small
wireless facilityDAS design shall, to the greatest extent possible
minimize exposed cables, wires and other attachment hardware.
(7) The small wireless facilityDAS shall
not extend above the top of the existing public utility structureutility
pole by more than ten (10) feet and the maximum height of the existing
public utility structureutility pole or wireless support structure
shall not be fifty (50) feetincreased in height to accommodate
the DAS.
(8) The small wireless facilityDAS shall
be no larger than six (6)three (3) cubic feet and have no
individual surface larger than four (4) feet.
(9) The small wireless facilityDAS shall
not extend outward from the utility structure by more than three (3) feet.
(10) Unless
otherwise agreed in a franchise or other agreement between the right-of-way
user and the city, small wireless facilities in the right-of-way must be
located or relocated and maintained underground in accordance and compliance
with any requirements set forth in the right-of-way permit and City Code
Chapter 407, Rights of Way Management.There shall be no ground
equipment.
(11)
The small wireless facilityDAS applicant shall provide evidence
that the public utility structureutility pole or wireless support
structure has adequate structural capacity to carry the additional
equipment proposed.
(12)
The small wireless facility DAS applicant must agree that the small
wireless facilityDAS or any component of the small wireless facilityDAS
equipment must be shall be removed and relocated in compliance with
any requirements set forth in the right-of-way permit and City Code Chapter
407, Rights of Way Management , 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 structureutility pole for a public project.
(13)
The small wireless facility DAS applicant shall submit in writing
to the City, written approval from the public utility structureutility
pole or wireless support structure owner, if not the City, for which the small
wireless facilityDAS will be attached to.
(14) The small wireless facilityDAS
applicant shall obtain any and all permits and approvals from road authority
for the public right-of-way in which is small wireless facilityDAS
is located.
(15) The small wireless facilityDAS
applicant must be a telecommunications right-of-way user as defined in Minn.
Stat. § 237.162, Subd. 4.
(16) The small wireless
facilityDAS 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) A small wireless
structure shall be at least 900 feet in distance from any other small wireless
structure.
(18) All small wireless structures
and small wireless facilities shall be installed 2 feet from the edge of any
trail, sidewalk, or pedestrian way so as not to obstruct or impede the trail,
sidewalk or pedestrian way.
(19)
The small wireless facility shall at least 12 feet above the ground.
(1720) The small
wireless facilityDAS applicant shall comply with all applicable
local, state, and federal ordinances, statutes and regulations.
F. Small Wireless Facility Performance Standards
in the Public Right of Way in Underlying Residential Districts. All small wireless facility operators and
small wireless facilities are special uses in all underlying residential districts
within the public right-of-way and shall meet the following criteria and
performance standards:
(1) The small wireless
facility shall only be located on a utility pole or wireless support structure,
excluding stop lights.
a.
The utility
pole or wireless support structure accommodating the small wireless facility
shall not exceed fifty (50) feet in height.
(2) The City may prohibit
small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no
interference with public safety communication or with the original use of the
utility pole.
(4) The small wireless
facility DAS shall not block light emanating from the utility pole.
(5) If the small wireless
facilityDAS is to be attached to a City-owned utility pole or wireless
support structure, the applicant shall pay a rental fee to the City pursuant to
the City’s standard Collocation Agreement .
(6) The small wireless
facility shall, to the greatest extent
possible match the utility pole or wireless support structure in color,
material and design and the small wireless facilityDAS design shall, to
the greatest extent possible minimize exposed cables, wires and other
attachment hardware.
(7) The small wireless
facility shall not extend above the top of the existing utility pole by more
than ten (10) feet and the maximum height of the utility pole or wireless
support structure shall not be fifty (50) feet.
(8) The small wireless
facility shall be no larger than six (6) cubic feet.
(9) The small wireless
facility shall not extend outward from the utility structure by more
than three (3) feet.
(10) Unless otherwise agreed
in a franchise or other agreement between the right-of-way user and the city,
small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set
forth in the right-of-way permit and City Code Chapter 407, Rights of Way
Management.
(11) The small wireless
facilityapplicant shall provide evidence that the utility pole or wireless
support structure has adequate structural capacity to carry the additional
equipment proposed.
(12) The small wireless
facility applicant must agree that the small wireless facility or any component
of the small wireless facility equipment must be shall be removed and
relocated in compliance with any requirements set forth in the right-of-way
permit and City Code Chapter 407, Rights of Way Management, if the City or road
authority for the public right-of-way in which it is located requires removal
or and relocation of the utility pole for a public project.
(13) The small wireless
facility applicant shall submit in writing to the City, written approval from
the utility pole or wireless support structure owner, if not the City, for
which the small wireless facility will be attached to.
(14) The small wireless
facility applicant shall obtain any and all permits and approvals from road
authority for the public right-of-way in which is small wireless facility is
located.
(15) The small wireless
facility applicant must be a telecommunications right-of-way user as defined in
Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless
facility 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) A small wireless
structure shall be at least 900 feet in distance from any other small wireless
structure.
(18) All small wireless
structures and small wireless facilities shall be installed 2 feet from the
edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede
the trail, sidewalk or pedestrian way.
(19)
The small wireless facility shall at least 12 feet above the ground.
(20) The small wireless
facility shall be installed at the residential lot’s corner in the right of
way.
(21) The small wireless
facility 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, 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 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 205.30.25. 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 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
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:
A. The name, address and telephone number of the
applicant and property owner; and
B. 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
C. A location plan matching the public utility structure
identification (address) and the appropriate automatic meter reading device;
and
D. An individual automatic meter reading device permit
fee as required by Chapter 11; and
E. The application shall contain an affirmative statement
indicating that the applicant agrees to comply with the provisions in section 205.301112.25.
regarding abandonment; and
F. 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.
205.30.9. APPLICATION FOR
PLACEMENT OF SMALL WIRELESS FACILITIES DISTRIBUTED ANTENNA SYSTEMS
(DAS) IN THE RIGHT-OF-WAY
A. All persons seeking to install, operate and
maintain small wireless facilities distributed antenna systems (DAS)
on within 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 DASsmall
wireless facilities public utility structureutility pole or
wireless support structure is capable of supporting the equipment necessary
to install, operate and maintain the DASsmall wireless facility.
The engineer shall also certify the capability of the public utility
structureutility pole or wireless support 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 structureutility pole or wireless
support structure and small wireless facilityDAS. The
engineer shall state that within the limits of engineering certainty, if the public
utility structureutility pole or wireless support structure would
fall or collapse for any reason due to any event, the public utility
structureutility pole or wireless support 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 small cell wireless facilityDAS including a
cross-section and elevation; and
(5) A scalable site plan drawn
at an engineering scale showing the location of the small cell wireless
facilityDAS in relation to the surrounding structures; and
(6) Foundation, cross-section,
and building plans for installation of the small cell wireless facilityDAS;
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 small cell wireless
facilityDAS 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 small cell
wireless facilityDAS 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 DASsmall wireless facilityis capable of
supporting the public utility structureutility pole or wireless
support structure to which the small cell wireless facilityDAS
will be attached.
(12) Documentation that the DASsmall
wireless facility has applied for and obtained any licenses and approvals
that are required by federal and state agencies.
B. Action on
Small Wireless Facility Permit Applications.
1. Approval or Denial. The city shall approve or deny a small
wireless facility permit application within 90 days after filing of such
application. The small wireless facility
permit, and any associated building permit application, shall be deemed approved
if the city fails to approve or deny the application within the review periods
established in this section.
a. Consolidated Applications. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up
to 15 small wireless facilities, or a greater number if agreed to by the city,
provided that all small wireless facilities in the application:
i.
Are
located within a two-mile radius;
ii.
Consist
of substantially similar equipment; and
iii.
Are
to be placed on similar types of wireless support structures.
In
rendering a decision on a consolidated permit application, the city may approve
some small wireless facilities sites and deny others, but may not use denial of
one or more permits as a basis to deny all small wireless facilities in the
application.
b. Tolling of Deadline. The 90-day deadline for action on a small
wireless facility permit application may be tolled if:
i.
The
city receives applications from one or more applicants seeking approval of
permits for more than 30 small wireless facilities within a seven-day
period. In such case, the city may
extend the deadline for all such applications by 30 days by informing the
affected applicants in writing of such extension.
ii.
The
applicant fails to submit all required documents or information and the city
provides written notice of incompleteness to the applicant within 30 days of
receipt of the application. Upon
submission of additional documents or information, the city shall have 10 days
to notify the applicant in writing of any missing information.
iii.
The
city and a small wireless facility applicant agree in writing to toll the
review period.
2. Scope of
Approval. An approval of a small
wireless facility permit under this section authorizes the installation,
placement, maintenance, or operation of a small wireless facility to provide
wireless service and shall not be construed to confer authorization to (1)
provide any service other than a wireless service, or (2) install, place,
maintain, or operate a wireline backhaul facility in the right-of-way.
3. Denial. Any denial of a right-of-way or small
wireless facility permit must be made in writing and must document the basis
for the denial. The city must notify the applicant in writing within three
business days of the decision to deny the permit. If a permit application is denied, the
applicant may cure the deficiencies identified by the city and resubmit its
application. If applicant user resubmits
the application within 30 days of receiving written notice of the denial, no
additional filing or processing fee shall be imposed. The city must approve or deny the revised
application within 30 days after the revised application is submitted.
205.30.10. APPLICATION
PROCESS
A. Upon submission of an
application on an approved site, for an antenna meter reading system, or DASsmall
wireless facility, the City 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 DASsmall wireless facility may begin upon approval of the
application and issuance of any required permits and execution of any
required Collocation Agreement.
B. If a small wireless
facility, tower or wireless telecommunications facility is approved by a
special use permit, the applicant must also apply for and receive a building
permit.
205.30.11. 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.
205.30.12. STEALTH DESIGN
AND EXTERIOR FINISHES
All approved sites, towers, and
wireless telecommunications, and small wireless 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.
205.30.13. ILLUMINATION
Towers shall not be
artificially illuminated except as required by the Federal Aviation
Administration (“FAA”).
205.30.14. 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.
205.30.15. 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.
All small wireless structures
shall be designed in a manner so that the structure from ground level to twelve
feet prevents unauthorized climbing on the structure.
205.30.16. 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.
205.30.17. BUILDING PERMIT
REQUIRED
A building permit is required
for installation of any tower, wireless telecommunications facility, or small
wireless structureDAS. 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.
205.30.18. 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.
205.30.19. 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.
205.30.20. 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).
205.30.21. MAINTENANCE
A. Ordinary and reasonable care of towers,
wireless telecommunications facilities, automatic meter reading
systems/devices, and small wireless facilitiesDAS shall be
employed at all times. All towers, wireless telecommunications facilities,
automatic meter reading systems, and small wireless facilitiesDAS
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, automatic meter reading
systems/devices, and small wireless facilitiesDAS in 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, automatic meter reading
systems/devices, or small wireless facilitiesDAS shall be
performed by qualified maintenance and construction personnel.
D. All owners of wireless telecommunications facilities,
automatic meter reading systems/devices, and small wireless facilitiesDAS
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, automatic meter
reading systems/devices, and small wireless facilitiesDAS shall
be made available to the City and updated annually.
E. In the event the use of a
tower, a public utility structure, a wireless telecommunications facility, an
automatic meter reading system/device, or small wireless facilitiesDAS
is discontinued by the owner of the wireless telecommunications facility,
automatic meter reading system, or small wireless facilitiesDAS,
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.
205.30.22. 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, public and personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that are
marketed to the general public.
205.30.23. CO-LLOCATION
Towers shall be designed to
support more than two wireless telecommunications facilities. Wireless support structures shall be designed
to support more than one small wireless facility.
205.30.24. 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, a wireless
telecommunications facility, an automatic meter reading system and/or devices, or
small wireless facilitiesDAS 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.
205.30.25. ABANDONMENT
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 s
wireless facilitiesDAS 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 small wireless facility 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 small
wireless facilitiesDAS 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 small wireless facilitiesDAS 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 small wireless facilitiesDAS 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.
205.30.28. 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.
205.30.29. 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.
SECTION
II: That Chapter 11 FEES be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 11. GENERAL PROVISIONS AND FEES
Section
11.10. FEES
|
Code
|
Subject
|
Fee
|
|
205.30
|
Telecommunications Permit to
Locate on Approved Site
Telecommunications Towers and
Facilities District
205.30.24 DAS Application Fee
205.30.24 DAS Small Wireless Facility in a R-1,
Single Family Zoning District Application Review Fee
205.30.9 (9) DAS Small
Wireless Facility Abandonment Escrow
|
$400 user/tower
$500
$1,500
$2,000
|
PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF DECEMBER, 2017.
Scott J. Lund, Mayor
ATTEST:
_____________________________
Debra A. Skogen, City Clerk
Public Hearing: December 11, 2017
First Reading: December 11, 2017
Second Reading: December 18, 2017
Publication Date: December 29, 2017