2019.03.18 CC Packet - Laserfiche WebLink

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Right-of-way and Telecommunications Ordinance Text Amendment Page 2 Small cell providers have met barriers when attempting to deploy new equipment in the ROW due to outdated regulations. As a result providers pushed for an amendment to Minnesota's Telecommunications Right -of -Way User statutes that became effective in May of 2017. The amendment has streamlined the permitting process for placement or collocation of small wireless facilities on city -owned structures in public ROW by allowing them as a permitted use in all zoning districts except historic and residential. However, the law also allows cities to manage small wireless facilities through a permitting process, including a collocation agreement, and ordinances. Therefore, the City's permitting process and right-of-way ordinances are an important means of exercising authority of the public ROW. mall Cell Antenna and I QUipment In 2018, staff created a permit application for small wireless facilities and a draft collocation agreement. The City of Hugo is in need of updating its right-of- way and telecommunications ordinance per the new amendment to State law to prepare for the eventual deployment of small wireless facilities within the community. 3. SUMMARY OF REVISIONS: With the change in State Statute, there is a defined list of what cities can and cannot do when managing small wireless facilities. What cities can do: • Manage small wireless facilities in the ROW through a permitting process and ordinances. • Charge $150 (plus $25 maintenance fee) per year for collocation agreements on City owned structures. • Deny the placement of a small wireless facility in the ROW based on health, safety, and welfare, or noncompliance with decorative standards. • Use a 90 day review period if the City receives more than 30 facilities in a single seven day period. • Approve/deny some, but not all, of the 15 facilities that can be applied for in a single consolidated application. • Require the approval of a conditional use permit for structures in single family residential and historic zoning districts. What cities cannot do: • Discriminate among functionally equivalent providers. • Dictate which structures are used other than those proposed in the application. • Use Moratoriums to stall the processing or approval of a small wireless facility permit. • Impose specific height and separation restrictions, other than the 50 foot height limit defined by the statute. • Require additional information if the applicant has submitted a permit in the past and can provide that permit's reference number.