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Right-of-way Ordinance Text Amendment Page 2 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. 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 ordinance per the new amendment to prepare for the eventual deployment of small wireless facilities within the community. 2. 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 CUP for ROW uses 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 applicant information if the applicant has submitted a permit in the past and can provide that permit's reference number. • Require additional permits and fees for the maintenance or replacement of small cell facilities. A. Chapter 82 Utilities, Article IV Right of way Definitions Definitions were added to the ordinance to clarify the meaning of a small wireless facility and a micro wireless facility, both of which are now permitted uses in the public ROW.