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HomeMy WebLinkAbout2019.03.18 ORD 2019-495 Public Right-of-Way and TelecommuicationsRIGHT-OF-WAY AND TELECOMMUNICATIONS ORDINANCE 2019-495 CITY OF HUGO WASHINGTON COUNTY, MN ORDINANCE RELATING TO AND REGULATING PUBLIC RIGHT-OF-WAY AND TELECOMMUNICATIONS TITLE: An ordinance adding and amending Chapter 74 Telecommunications, Article II Telecommunications Installation Requirements and Chapter 82 Utilities, Article IV Right-of-way. TELECOMMUNICATION ORDINANCE: Chapter 74, Article II, Sec. 74-19. — Definitions Add the following: Small Wireless Facility means a wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six 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 cubic feet; and (2) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery 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 28 cubic feet in volume. Chapter 74, Article II, Sec. 74-20. — Permit Procedure Add the following: (g) Small Wireless Facility. For conditions on small wireless facility permits, refer to Chapter 82 Utilities, Article IV Right-of-way. RIGHT-OF-WAY ORDINANCE: Chapter 82, Article IV, Sec. 82-301. — Defmitions Add and amend the following: Abandoned facility means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service, for a continuous period of six months. Collocate or Collocation means to install, mount, 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 the City. Ordinance 2019-495 Right-of-way and Telecommunication Ordinance Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six 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 cubic feet; and (2) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery 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 28 cubic feet in volume. Utility Pole means a pole that is used in whole or in part to facilitate telecommunications or electric service. 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: (1) wireless support structures; (2) wireline backhaul facilities; or (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) 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 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. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Chapter 82, Article IV, Sec. 82-305. — Right-of-way Permit Requirement Add the following: (3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. No small wireless facility permit is required to solely conduct: 1) routine maintenance of a small wireless facility; 2) replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or 3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables provider is required to make written notice of such activities to the City if the micro wireless facility work will obstruct a public right-of-way. A small wireless facility permit is Ordinance 2019-495 Right-of-way and Telecommunication Ordinance required for the work specified in this paragraph regardless of whether the applicant also possesses an excavation permit or an obstruction permit. (4) Small Wireless Conditional Use permit. A conditional use permit is required to install anew wireless support structure in a right-of-way where the underlying district or area is zoned for single-family residential use or is in a historic district established by federal or state law or city ordinance. All proposed small wireless facility and support structure shall be compatible with the character of the surrounding area and use design, materials, colors, textures, screening, and landscaping to blend in with the natural setting and built environment. Chapter 82, Article IV, Sec. 82-307. — Issuance of Permit; Conditions Add the following: (c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions. (1) When feasible, a small wireless facility shall be collocated on an existing wireless support structure in the right-of-way. In addition, each new wireless support structure shall be designed to allow the collocation of wireless facilities. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application; (2) All small wireless facilities and support structures shall be compatible with the character of the surrounding area, and structure it is placed on, and use design, materials, colors, textures, screening, and landscaping to blend in with the natural setting and built environment. Any deviations from this requirement must be requested by the applicant as part of the small wireless facility permit application, and if granted by the City, will be provided for in the Collocation Agreement; (3) New wireless support structures installed within the right-of-way shall not exceed 50 feet in height without the City's written authorization. The City may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use. Any lower height limit imposed by the City shall comply with maximum heights allowed in the applicable zoning districts, this shall include but is not limited to utility poles and street lights in the area. An applicant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (4) No wireless facility may extend more than 10 feet above its wireless support structure; (5) Where an applicant proposes to install a new wireless support structure in the right-of-way, the City may impose reasonable separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way; (6) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the applicant shall design the wireless support structure to be compatible with the character of the surrounding Ordinance 2019-495 Right-of-way and Telecommunication Ordinance area, and structure it is placed on, and use design, materials, colors, textures, screening, and landscaping to blend in with the natural setting and built environment. (7) Where an applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (d) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a small wireless facility Collocation Agreement with the City. The standard collocation agreement may require payment of the following. (1) Up to $150 per year for rent to collocate on the city structure; (2) $25 per year for maintenance associated with the collocation; (3) A monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at a rate of: (i) $73 per radio node less than or equal to 100 maximum watts; (ii) $182 per radio node over 100 maximum watts; or (iii) The actual costs of electricity, if the actual costs exceed the foregoing. The Collocation Agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the City and applicant. (e) Deadline for action on small wireless facilities. The City shall approve or deny a small wireless facility permit application within 90 days after filing of such application. (f) Consolidated applications for small wireless facilities. 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. (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) 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 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. (g) Deadline on small wireless facilities. The 90-day deadline for action on a small wireless facility permit application may be tolled: Ordinance 2019-495 Right-of-way and Telecommunication Ordinance (1) 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 toll the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension; (2) The 90-day deadline may be tolled if 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 the application. Upon submission of additional documents or information, the City shall have ten days to notify the applicant in writing of any still -missing information; (3) The City and a small wireless facility applicant agree in writing to waive or extend the review period. Chapter 82, Article IV, Sec. 82-308. — Permit Fees Add and amend the following: (d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee schedule for the City of Hugo, in an amount sufficient to recover: (1) The City management costs; (2) Site plan review costs, and; (3) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (f) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. Chapter 82, Article IV, Sec. 82-311. — Supplementary Applications Amend the following: (a) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required, and (ii) be granted in writing a new permit or permit extension. Chapter 82, Article IV, Sec. 82-316. — Work Done Without a Permit Amend the following: (a) Emergency situations. Each registrant shall immediately notify the director of any event regarding its facilities that it or the City considers to be an emergency. The registrant shall take actions as are reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or property. Excavator's notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Chapter 82, Article IV, Sec. 82-320. — Location and Relocation of Facilities Ordinance 2019-495 Right-of-way and Telecommunication Ordinance Amend the following: (a) Placement, location and relocation of facilities must comply with the ordinance, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules to not limit authority otherwise available to cities. Chapter 82, Article IV, Sec. 82-325. — Abandoned and Unusable Facilities Amend the following: (b) Removal of abandoned facilities. Any facility that remains nonfunctional or inoperative for a continuous period of six months, the system shall be deemed abandoned and shall constitute a public nuisance. Any person who has abandoned facilities in the right-of-way shall remove them from that right- of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the director waives this requirement. Passed and adopted by the City Council of the City of Hugo this 18a' day of March, 2019. Tom Weidt, Mayor Attest: 1 l Michele Lindau, City Clerk SUMMARY ORDINANCE 2019-495 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance adding and amending Chapter 74 Telecommunications, Article II Telecommunications Installation Requirements and Chapter 82 Utilities, Article IV Right-of- way. SUMMARY OF TELECOMMUNICATIONS ORDINANCE: Chapter 74, Article II, to amend Section 74-19 DEFINITIONS: This section is revised to add the definition of small wireless facility. Chapter 74, Article II, to amend Section 74-20 PERMIT PROCEDURES: This section is revised to add small wireless facility conditions as outlined in the right-of-way ordinance. SUMMARY OF RIGHT-OF-WAY ORDINANCE: Chapter 82, Article IV, to amend Section 82-301 DEFINITIONS: This section is revised to add the definitions of abandoned facility, collocate/collocation, micro wireless facility, small wireless facility, utility pole, wireless facility, wireless service, wireless support structure, and wireline backhaul facility. Chapter 82, Article IV, to amend Section 82-305 RIGHT-OF-WAY PERMIT REQUIREMENT: (3) A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility or to otherwise install a small wireless facility in the specified portion of the right-of-way. No small wireless facility permit is required to conduct routine maintenance of a small wireless facility or to replace a small wireless facility of the same size and design. (4) A small wireless conditional use permit is required to install a new wireless support in a right-of-way where the underlying district or area is zoned for single-family residential use or is in a historic district established by federal or state law or city ordinance. Chapter 82, Article IV, to amend Section 82-307 ISSUANCE OF PERMIT; CONDITIONS: (c) A small wireless facility permit is subject to certain conditions. 1. When feasible, a small wireless facility should be collocated on an existing wireless support structure in the right-of-way. 2. All small wireless facilities and support structures shall be compatible with the character of the surrounding area and use design, materials, colors, textures, Summary Ordinance 2019-495 Right-of-way and Telecommunications Summary Ordinance Page 2 of 2 screening, and landscaping to blend in with the natural setting and built environment. 3. New wireless support structures installed within the right-of-way shall not exceed 50 feet in height without the City's written authorization. 4. No wireless facility may extend more than 10 feet above its wireless support structure. 5. A small wireless facility collocated on a decorative support structure shall be of a design compatible with the character of the surrounding area. 6. Where an applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (d) A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a small wireless facility Collocation Agreement with the City. The collocation agreement will address payment. (e) The City shall approve or deny a small wireless facility permit application within 90 days after filing of such application. (f) An applicant may file a consolidated application with up to 15 small wireless facilities listed. (g) The City may extend or pause the 90-day deadline for action given certain circumstances. Chapter 82, Article IV, to amend Section 82-308 PERMIT FEES: (d) The small wireless permit fee shall be set forth in the annual fee schedule. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the Cit bsite for further review. Passed and adopted by the City Council of the Ci of H go s 18th day of arch, 2019. "vr! 'Tom Weidt, Mayor Attest: Michele Lindau, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss. COUNTY OF RAMSEY Carter Johnson, being first duly sworn, on oath states as follows: I am the publisher of the QUAD COMMUNITY PRESS, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant of Minnesota Statutes §331A.07. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached was published in the newspaper are as follows: Once a week, for one week, it was published on Tuesday, the 1 Ith day of April, 2019. 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to §331A.06, is as follows: a) Lowest classified rate paid by commercial users for comparable space b) Maximum rate allowed by law for the above matter c) Rate actually charged for the above matter $ 11.19/inch Mortgage Foreclosure Notices. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Ramsey County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. BY: TITLE: Carter Johnson, Publisher Subscribed and sworn to before me on this 1 lth day of April, 2019. Notary Pu is `"°" MYRNA L. PRESS 4x Notary Public -Minnesota My Commission Expires Jan 31, 2020 CITY OF HUGO SUMMARY ORDINANCE 2019495 , NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULLTEXT OFTHE ORDINANCE 1S AVAILABLE FOR PUBLIC INSPEC- TION ATTHE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance adding and amending Chapter 74 Telecommunications, Ar- ticle II Telecommunications Installation Requirements and Chapter 82 Utilities, Article IV Right-of-way. SUMMARY OF TELECOMMUNICATIONS ORDINANCE: Chapter 74, Article II, to amend Section 74-19 DEFINITIONS: This sec- tion is revised to add the definition of small wireless facility. Chapter 74, Article 11, to amend 'Section 74-20 PERMIT PROCE- DURES: This section is revised to add small wireless facility conditions as outlined in the right-of-way ordinance. SUMMARY OF RIGHT-OF-WAY ORDINANCE: Chapter 82, Article IV, to amend Section 82-301 DEFINITIONS: This section is revised to add the definitions of abandoned facility, collocatelcollo- cation, micro wireless facility, small wireless facility, utility pole, wireless facil- ity, wireless service, wireless support structure; and wireline backhaul facility. Chapter 82, Article IV, to amend Section 82-305 RIGHT-OF-WAY PER- MIT REQUIREMENT: (3) A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility or to otherwise install a small wireless facility in the specified portion of the right-of-way. No small wireless facility permit is required to conduct routine maintenance of a small wireless facility or to replace a small wireless facility of the same size and design. (4) A small wireless conditional use permit is required to install a new wireless support in a right-of-way where the underlying district or area is zoned for single-family residential use or is in a historic district es- tablished by federal or state law or city ordinance. Chapter 82, Article IV, to amend Section 82-307 ISSUANCE OF PER- MIT; CONDITIONS: (c) A small wireless facility permit is subject to certain conditions. 1. When feasible, a small wireless facility should be collocated on an existing wireless support structure in the right-of-way. 2. All small wireless facilities and support structures shall be compat- ible with the character of the surrounding area and use design, materials, colors, textures, screening, and landscaping to blend in with the natural setting and built environment. 3. New wireless support structures installed within the right-of-way shall not exceed 50 fdet in height without the City's written autho- rization. 4. No wireless facility may extend more than 10 feet above its wireless support structure. - 5. A small wireless facility collocated on a decorative support struc- ture shall be of a design compatible with the character of the sur- rounding area. 6. Where an applicant proposes to replace a wireless support struc- ture, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (d) A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a small wire- less facility Collocation Agreement with the City.The collocation agree- ment will address payment. (e) The City shall approve or deny a small wireless facility permit applica- tion within 90 days after filing of such application. (0 An applicant may file a consolidated application with up to 15 small wireless facilities listed. (g) The City may extend or pause the 90-day deadline for action given certain circumstances. Chapter 82, Article IV, to amend Section 82-308 PERMIT FEES: (d) The small wireless permit fee shall be set forth in the annual fee schedule. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 18th day of March, 2019. Tom Weidt, Mayor Attest: Michele Lindau, City Clerk Published one time in The Citizen on April 11, 2019. Misc. Affidavit-Quad-1Wk.docx