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HomeMy WebLinkAbout2016-10 Chapter 24 Right-of-way Management ORDINANCE NO. 2016-10 • AN ORDINANCE AMENDING CHAPTER 24 OF THE EDINA CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Section 24-49 of the Edina City Code is amended by adding the following definitions: Wireless Telecommunication Facility - equipment used to provide wireless telecommunication or data services, including all antennas, radios, support devices, equipment including ground equipment, associated cables, and attachments. Section 2. Section 24-53 of the Edina City Code is amended to provide as follows: STANDARDS FOR CONSTRUCTION AND INSTALLATION. A. GENERAL STANDARDS. The excavation, backfilling, patching restoration and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Rules, including without limitation Minnesota Rules Chapter 7560, Rules 7819.1 100, 7819.5000 and 7819.5 100, as well as all of the requirements of this City Code and its other conditions and requirements in so far as they are not inconsistent with Minnesota Statutes Sections 237.162 - .163. The permit holder shall • comply with the following standards when performing the work authorized under the permit: I. Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the State and City. 2. Conduct the operations and perform the work in a manner as to insure the least obstruction to and interference with traffic. 3. Take precautions to insure the safety of the general public and those who require access to abutting property. 4. Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. 5. Comply with the Uniform Traffic Manual for Traffic Control at all times during construction or installation. 6. Exercise caution at all times for the protection of persons, including employees and property. • 175047v2 186712v1 Ordinance No. 2016-10 Page 2 7. Protect and identify excavations and work operations with barricade flags and by • warning lights at night. 8. Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. 9. Protect the root growth of trees and shrubbery. 10. If possible, provide for space in the installation area for other telecommunication right-of-way users and other companies which install facilities in public rights-of- way. 11. Maintain access to all properties and cross streets during construction and installation, except as allowed by permit, and maintain emergency vehicle access at all times. 12. Maintain alignment and grade unless otherwise authorized by the City. Changes not approved by the City will require removal and reconstruction. 13. During plowing or trenching of facilities, a warning tape must also be placed at a depth of twelve (12) inches above copper cables with over two hundred (200) pairs and above fiber facilities. • 14. Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type specified in the permit. 15. The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes Section 326.243. 16. Locate property lines near right-of-way lines and replace any destroyed property corners. A Minnesota licensed surveyor must be used. 17. Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. 18. Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. 19. All backfilling must be placed in six inch (6") layers at optimum moisture and compacted with the objective of attaining ninety-five percent (95%) of Standard Proctor. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. 186712v1 Ordinance No. 2016-10 Page 3 20. Backfill material shall be subject to the approval of the City Public Works • Director. The City Public Works Director may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the City Public Works Director. 21. Compacted backfill shall be brought to bottom of the gravel of the approved street section. 22. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. 23. No lugs damaging to roadway surfaces may be used. 24. Dirt or debris must be periodically removed during construction. 25. Other reasonable standards and requirements of the City Public Works Director. B. STANDARDS FOR INSTALLATION OF UNDERGROUND UTILITIES. The permit holder shall comply with the following standards when installing facilities underground: I. Underground Facilities must be placed as far off the roadway as possible to • provide access from outside of the paved area. 2. Buried facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved in advance by the City Public Works Director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at no less than three (3) feet but no more than four (4) feet deep. Other buried copper facilities must be placed at a minimum depth of thirty (30) inches and a maximum depth of four (4) feet. 3. Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the City Public Works Director. 4. If construction is open cut, the permit holder must install the visual tracers within twelve (12) inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. 5. The permit holder shall register with Gopher State One Call and comply with the requirements of that system. 6. Compaction in trench shall be ninety-five percent (95%) of Standard Proctor and copies of test results will be submitted to the City Public Works Director. Tests will be required at the discretion of the City Public Works Director. Tests must • be conducted by an independent testing firm at locations approved by the City 186712v Ordinance No. 2016-10 Page 4 Public Works Director. Recompaction and new tests will be required if densities • are not met. 7. The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of four (4) feet behind the curb. 8. When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the City, the permit holder shall excavate an observation hole over the utility to ensure that the City utility is not damaged. 9. All junction boxes or access points shall be located no closer than ten (10) feet from City hydrants, valves, manholes, lift stations or catch basins unless an alternate location is approved by the City. 10. Underground facilities shall not be installed between a hydrant and an auxiliary valve. 11. Underground facilities shall not be installed within five (5) feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the right-of-way. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing City utility appurtenance unless an alternate location is approved by the City. 12. Buried telecommunication facilities must have a locating wire or conductive shield, except for di-electric cables. 13. Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the City. C. STANDARDS FOR INSTALLATION OF OVERHEAD FACILITIES. When installing facilities overhead all wires must be a minimum of eighteen (18) feet above ground and at a location that does not interfere with traffic signals, overhead signs, or street lights. D. STANDARDS FOR WIRELESS TELECOMMUNICATION FACILITIES. I. Purpose. The City desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public right-of-way. The City allows and regulates wireless telecommunication facilities outside of the public right-of-way • through performance standards and height limits. The purpose of this Article is 1 86712v 1 Ordinance No. 2016-10 Page 5 to regulate wireless telecommunication facilities within the public right-of-way in • a manner that balances desire for service with aesthetic, public safety, and right- of-way flexibility concerns. Public rights-of-way are appropriate locations for wireless telecommunication facilities that present minimal impacts (i.e. small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way and that require ground mounted equipment are more appropriately sited outside the public right-of-way. The City recognizes, however, that as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public right-of-way subject to the requirements of this Article which are meant to protect the public health, safety, and welfare. 2. Wireless Telecommunication Facilities as Pole Attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of-way after issuance • of a pole attachment permit: (a) The wireless telecommunication facility 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 to accommodate the wireless telecommunication facility. (b) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. (c) The wireless telecommunication facility shall not be larger than three (3) cubic feet and shall have no individual surface larger than four (4) square feet. (d) The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one half (2 1/2) feet, except that an antenna one half inch in diameter or less may extend an additional six inches. • 186712v Ordinance No. 2016-10 Page 6 (e) The wireless telecommunication facility shall include no ground mounted • equipment within the rights-of-way. (f) The wireless telecommunication facility shall not interfere with public safety communications. (g) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at City request subject to the provisions of this Article. (h) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. 3. Wireless Telecommunication Facilities as Pole Extensions or with Ground Mounted Equipment. Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit: (a) The applicant shall demonstrate to the satisfaction of the City Public Works Directorthat the wireless telecommunication facility cannot be • placed in a Code complying location outside the right-of-way within one quarter (1/4) mile of the proposed location. (b) The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this Article, the height shall not be further increased. (c) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than fifty (50) percent. (d) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two (2) feet. (e) If feasible and desirable, as determined by the City Public Works Director, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. (f) The wireless telecommunication facility shall not interfere with public safety communications. • 186712vI Ordinance No. 2016-10 Page 7 (g) A pole attachment or excavation permit for a wireless • telecommunication facility that has ground mounted equipment will be issued only if: (1) the ground mounted equipment will not disrupt traffic or pedestrian circulation; (2) the ground mounted equipment will not create a safety hazard; (3) the location of the ground mounted equipment minimizes impacts on adjacent property; and, (4) the ground mounted equipment will not adversely impact the health, safety, or welfare of the community. (h) Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: (1) be set back a minimum of ten (10) feet from the rights-of-way; (2) be separated from a sidewalk by a minimum of three (3) feet; (3) be set back a minimum of fifty (50) feet from the nearest intersecting right-of-way line; (4) be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face • by a minimum of 330 feet unless the equipment is placed underground; (5) if located adjacent to residential uses, ground mounted equipment shall be limited to three (3) feet in height above grade and twenty seven (27) cubic feet in cumulative size; (6) if located adjacent to non-residential uses, ground mounted equipment shall be limited to five (5) feet in height above grade and eighty-one (8 1) cubic feet in cumulative size; (7) ground mounted equipment located outside the public right-of- way; and (8) vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the City Public Works Director or designee. (i) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at City request subject to the provisions of this Article. 4. New Poles. (a) The erection in the right-of-way of a new pole or a replacement pole to support wireless telecommunication facilities is not allowed, except: • 186712v1 Ordinance No. 2016-10 Page 8 (1) when attachment to existing utility poles is not feasible, and • (2) the new pole or replacement pole is owned by the City. (b) New poles when allowed shall not exceed 35 feet in height and 4 feet in circumference 5. Charges. In addition to the permit fees outlined in this Chapter, the City reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that such charges are allowed under law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public right-of-way. Section 3. This ordinance is effective upon adoption. First Reading: June 21, 2016 Second Reading: Waived Published: June 30, 2016 Attest , 2�&� — L Debra A. Mangen, City ClerkAamesland, Mayor • Please publish in the Edina Sun Current on: June 30, 2016 Send two affidavits of publication Bill to Edina City Clerk • 186712v AFFIDAVIT OF PUBLICATION CITY OF EDINA emergency vehicle access at all placed at no less than three(3)feet ORDINANCE NO.2016-10 times. but no more than four(4)feet deep. STATE OF MINNESOTA )ss AN ORDINANCE 12. Maintain alignment and Other buried copper facilities must COUNTY OF HENNEPIN AMENDING CHAPTER 24 grade unless otherwise authorized be placed at a minimum depth of OF THE EDINA CITY CODE by the City. Changes not approved thirty(30) inches and a maximum CONCERNING RIGHT-OF- by the City will require removal and depth of four(4)feet. Charlene Vold being duly sworn on an oath, WAY MANAGEMENT reconstruction. 3.Crossing of streets and hard states or affirms that he/she is the Publisher's THE CITY COUNCIL OF EDINA 13.During plowing or trenching surfaced driveways shall be direc- DesignatedAgent of the newspaper(s)known ORDAINS: of facilities, a waming tape must tional bored unless otherwise ap- as: Section 1. Section 24-49 of the also be placed at a depth of twelve proved by the City Public Works Edina City Code is amended by (12) inches above copper cables Director. adding the following definitions: with over two hundred(200) pairs 4.If construction is open cut,the SC Edina Wireless Telecommunication Fa- and above fiber facilities, permit holder must install the visual cility-equipment used to provide 14. Below concrete or bitu- tracers within twelve (12) inches wireless telecommunication or data minous paved road surfaces, di- and over buried facilities. If other with the known office of issue being located services,including all antennas,ra- rectional bore facilities must be construction methods are used, in the county of. dins, support devices, equipment installed in conduit of a type speci- substitute location methods will be HENNEPIN including ground equipment, as- fied in the permit considered. with additional circulation in the counties of. Fated gables,and attachments. 15. The placing of all telecom- 5.The permit holder shall regis- HENNEPIN Section 2. Section 24-53 of the munications facilities must comply ter with Gopher State One Call and Edina City Code is amended to with the National Electric Safety comply with the requirements of and has full knowledge of the facts stated provide as follows: Code, as incorporated by refer- that system. below: STANDARDS FOR CONSTRUC- ence in Minnesota Statutes Section 6.Compaction in trench shall be (A)The newspaper has complied with all of TION AND INSTALLATION. 326.243. ninety-five percent(95%)of Stan- A.GENERAL STANDARDS. The 16. Locate property lines near dard Proctor and copies of test re- the requirements constituting qualifica- excavation, backfilling, patching right-of-way lines and replace any sults will be submitted to the City tion as a qualified newspaper as provided restoration and all other work per- destroyed property comers. A Public Works Director. Tests will be by Minn. Stat.§331A.02. formed in the right-of-way must be Minnesota licensed surveyor must required at the discretion of the City (B)This Public Notice was printed and pub- done in conformance with all ap- be used. Public Works Director. Tests must plicable Minnesota Rules,including 17. Excavations, trenches and be conducted by an independent lished in said newspaper(s) once each without limitation Minnesota Rules jacking pits off the roadway oradja- testing firm at locations approved week, for 1 successive week(s); the first Chapter 7560, Rules 7819.1100, cent to the roadway or curbing shall by the City Public Works Director. insertion being on 06/30/2016 and the last 7619.5000 and 7619.5100,as well be sheathed and braced depend- Recompaction and new tests will insertion being on 06/30/2016. as all of the requirements of this ing upon location and soil stability be required if densities are not met. City Code and its other conditions and as directed by the City. 7.The facilities shall be located and requirements in so far as they 18. Excavating, trenches and so as to avoid traffic signals and MORTGAGE FORECLOSURE NOTICES are not inconsistent with Minnesota jacking pits shall be protected signs which are generally placed Pursuant to Minnesota Stat. §580.033 Statutes Sections 237.162- .163. when unattended to prevent en- a minimum of four(4)feet behind The permit holder shall comply with trance of surface drainage. the curb. relating to the publication of mortgage the following standards when per- 19. All backfilling must be S. When utilizing trenchless foreclosure notices: The newspaper complies forming the work authorized under placed in six inch(6')layers at opti- installation methods to cross an with the conditions described in §580.033, the permit: mum moisture and compacted with area in which a municipal utility is subd. 1, clause (1) or(2). If the newspaper's 1.Take such precautions as are the objective of attaining ninety-five located,and when directed by the necessary to avoid creating unsani- percent(95%)of Standard Proctor. City,the permit holder shall exca- known office of issue is located in a county tary conditions. Observe and com- Compaction shag be accomplished vate an observation hole over the adjoining the county where the mortgaged pry with all laws,rules and regula- with hand, pneumatic or vibrating utility to ensure that the City utility premises or some part of the mortgaged tions of the State and City, compactors as appropriate. is not damaged. premises described in the notice are located, 2. Conduct the operations and 20. Backfill material shall be 9.All junction boxes or access a substantial portion of the news a is perform the work in a manner as to subject to the approval of the City points shall be located no closer P P I insure the least obstruction to and Public Works Director. The City than ten (10) feet from City hy- circulation is in the latter county interference with traffic. Public Works Director may permit drants, valves, manholes, lift sta- 1 I/� 3. Take precautions to insure backfilling with the material from tions or catch basins unless an �� V the safety of the general public and the excavation provided such ma- hemate location is approved by t those who require access to abut- tenial is granular in nature and ac- the City. By; ( ting property. ceptable to the City Public Works 10. Underground facilities shall Designated Agent 4. Notify adjoining property Director, not be installed between a hydrant owners prior to commencement of 21.Compacted backfill shag be and an auxiliary valve. work which may disrupt the use of brought to bottom of the gravel of 11. Underground facilities shall Subscribed and sworn to or affirmed before and access to such adjoining prop- the approved street section. not be installed within five(5)feet me on 06/30/2016 by Charlene Vold. erties. 22. Street and pedestrian traf- of hydrants, valves, lift stations 5.Comply with the Uniform Traf- fic shall be maintained throughout or manholes in areas where utility fic Manual for Traffic Control at all construction unless provided oth- easements exist beyond the right- times during construction or instal- erwise by the permit. of-way. In those areas in which no lation. 23. No lugs damaging to road- utility easement exists, placement 6. Exercise caution at all times way surfaces may be used. of an underground facility shall be Notary Public for the protection of persons, in- 24. Dirt or debris must be peri- between the edge of pavement and eluding employees and property. odically removed during construe- no closer than three(3)feet to an 7. Protect and identify excava- tion. existing City utility appurtenance tions and work operations with bar- 25.Other reasonable standards unless an alternate location is ap- ^„ ricade flags and by warning lights and requirements of the City Public proved by the City. AAAAAAAA at night. Works Director. 12. Buried telecommunication MARLENE M. MITCHELL 8.Provide proper trench protec- B. STANDARDS FOR INSTAL- facilities must have a locating wire tion as required by O.S.HA.when IATION OF UNDERGROUND or conductive shield,except for di- Notary Public Minnesota necessary and depending upon UTILITIES. The permit holder shall electric cables. MY Commission Expires,tan 3 ,20 n the type of soil,in order to prevent comply with the following stan- 13. Buried fiber facilities must �w cave-ins endangering life or tend- dards when installing facilities un- be placed in a conduit of a type Be- ing to enlarge the excavation. derground: termined by the right-of-way user 9. Protect the root growth of 1. Underground Facilities must unless the permit holder obtains a trees and shrubbery. be placed as far off the roadway waiver from the City. 10.If possible,provide for space as possible to provide access from C.STANDARDS FOR INSTALLA- in the installation area for other outside of the paved area TION OF OVERHEAD FACILITIES. Rate Information: telecommunication right-of-way 2. Buried facilities shall be at a When installing facilities overhead users and other companies which minimum depth of three(3)feet and all wires must be a minimum of (1)Lowest classified rate paid by commercial users install facilities in public rights-of- a maximum depth of four (4)feet eighteen (18) feet above ground for comparable space: way. unless an alternate location is ap- and at a location that does not in- $34.45 per column inch 11.Maintain access to all prop- proved in advance by the City Pub- terfere with traffic signals,overhead erties and cross streets during con- lic Works Director. Buried copper signs,or street lights. Ad ID 566500 struction and installation, except facilities below concrete or bitumi- D. STANDARDS FOR WIRE- as allowed by permit,and maintain nous paved road surfaces must be LESS TELECOMMUNICATION FA- CILITIES. (d) The wireless telecommu- (4)the ground mounted equip- 1. Purpose. The City desires niication facility shall riot extend ment will not adversely impact the high quality wireless communica- outward from the existing pole or health, safety, or welfare of the tion services to accommodate the tower or arts thereof by more than community. needs of residents and businesses. two and one half(21/2)feet,except (h)Ground mounted equipment At the same time,the City strives that an antenna one half inch in di- associated with the wireless tele- to minimize the negative impacts ameter or less may extend an ad- communication facility shall meet that wireless telecommunication ditional six inches. the following performance stan- facilities can have on aesthet- (e)The wireless telecommunica- dards: ics and public safety. Due to the tion facility shall include no ground (1)be set back a minimum of ten many services that must be deliv- mounted equipment within the (10)feet from the rights-of-way, ered within its limited area,the City rights-of-way. (2)be separated from a sidewalk also strives to avoid unnecessary (f)The wireless telecommunica- by a minimum of three(3)feet; encumbrances within the public tion facility shall not interfere with (3) be set back a minimum of right-of-way. The City allows and public safety communications. fifty(50)feet from the nearest inter- regulates wireless telecommunica- (g) Wireless telecommunication secting right-of-way line; tion facilities outside of the public facilities in the right-of-way shall (4)be separated from the near- right-of-way through performance be removed and relocated at City est ground mounted wireless tele- standards and height limits. The request subject to the provisions of communication equipment instal- purpose of this Article is to regulate this Article. lation on the same block face by wireless telecommunication facili- (h) The wireless telecommuni- a minimum of 330 feet unless the ties within the public right-of-way cation facility shall not block light equipment is placed underground; in a manner that balances desire emanating from the public utility (5) if located adjacent to resi- for service with aesthetic, public structure and shall not otherwise dential uses, ground mounted safety, and right-of-way flexibility interfere with the original use of the equipment shall be limited to three concerns. public utility structure. (3)feet in height above grade and Public rights-of-way are appro- 3. Wireless Telecommunication twenty seven(27)cubic feet in cu- priate locations for wireless tele- Facilities as Pole Extensions or mulative size; communication facilities that pres- with Ground Mounted Equipment. (6) if located adjacent to non- ent minimal impacts(i.e.small pole Wireless telecommunication fa- residential uses, ground mounted attachments that do not require cilities that require increased public equipment shall be limited to five new poles,do not require pole ex- utility structure height or that have (5)feet in height above grade and tensions,and do not have associ- ground mounted equipment may eighty-one(81)cubic feet in cumu- ated ground mounted equipment). be erected in the public right-of- lative size; Wireless telecommunication fa- way only when in compliance with (7)ground mounted equipment cilities that require greater heights the following provisions and after located outside the public right-of- than can be afforded by existing issuance of a pole attachment per- way;and poles in the public right-of-way and mit or excavation permit: (8) vegetative or other screen- that require ground mounted equip- (a) The applicant shall dem- ing compatible with the surround- ment are more appropriately sited onstrate to the satisfaction of the ing area shall be provided around outside the public right-of-way. City Public Works Director that the the ground mounted equipment The City recognizes,however,that wireless telecommunication facility if deemed necessary by the City as wireless technology advances, cannot be placed in a Code com- Public Works Director or designee. some residential areas of the City plying location outside the right-of- () Wireless telecommunication may be hard to serve with wireless way within one quarter(1/4)mile of facilities in the right-of-way shall technology due to the lack of siting the proposed location. be removed and relocated at City alternatives in the immediate vicin- (b)The replacement public utility request subject to the provisions of ity. In such areas,where no after- structure, including lightning rods this Article. native non-right-of-way locations and all other attachments,shall not 4.New Poles. are available,wireless telecommu- exceed the height of the existing (a)The erection in the right-of- nication facilities that require pole public utility stricture by more than way of a new pole or a replacement extensions and ground equipment fifteen(15)feet Once the height of pole to support wireless telecom will be allowed in the public right- a public utility stricture has been munication facilities is not allowed, of-way subject to the requirements increased under the provisions of except: of this Article which are meant to this Article,the height shall not be (1)when attachment to existing protect the public health, safety, further increased. utility poles is not feasible,and and welfare. (c)The replacement public utility (2)the new pole or replacement 2. Wireless Telecommunication structure diameter shall not exceed pole is owned by the City. Facilities as Pole Attachments. the existing public utility stricture (b) New poles when allowed Wireless telecommunication facili- diameter by more than fifty (50) shall not exceed 35 feet in height ties that comply with the following percent. and 4 feet in circumference requirements may be attached to (d) The wireless telecommuni- 5. Charges. In addition to the existing public utility structures cation facility shall not extend out- permit fees outlined in this Chapter, within the right-of-way after issu- ward from the public utility struc- the City reserves the right to charge ance of a pole attachment permit: ture by more than two(2)feet. telecommunication providers for (a)The wireless telecommunica- (e) If feasible and desirable, their use of the public right-of-way tion facility shall rot extend above as determined by the City Public to the extent that such charges are the top of the existing public util- Works Director, the replacement allowed under law. Telecommuni- ity structure and the height of the public utility structure shall match cation providers shall be respon- existing public utility structure shall the original and surrounding public sible for payment of property taxes not be increased to accommodate utility structures in materials and attributable to their equipment in the wireless telecommunication fa- color. the public right-of-way. cility. (f)The wireless telecommunica- Section 3. This ordinance is ef- (b) If the public utility structure tion facility shall not interfere with fective upon adoption. must be replaced to structurally ac- public safety communications. First Reading:June 21,2016 commodate the wireless telecom- (g)A pole attachment or excava- Second Reading:Waived munication facility,the replacement tion permit for a wireless telecom- Attest:Debra A.Mangan public utility structure height shall munication facility that has ground City Clerk not exceed the existing public util- mounted equipment will be issued James B.Hovland,Mayor ity stricture height and the replace- only if: Published in the ment public utility structure diam- (1)the ground mounted equip- Edina Sun Current eter shall not exceed the existing ment will not disrupt traffic or pe- June 30,2016 public utility structure diameter by destrian circulation; 566500 more than 50 percent. (2) the ground mounted equip- (c)The wireless telecommunica- ment will not create a safety haz- tion facility shall not be larger than ard; three(3)cubic feet and shall have (3) the location of the ground no individual surface larger than mounted equipment minimizes im- four(4)square feet. pacts on adjacent property;and,