HomeMy WebLinkAboutOrdinance No. 2017-12 Small Wireless Facilities & Support Structures in R-O-W ORDINANCE NO. 2017-12
• AN ORDINANCE AMENDING SECTIONS 2-724, 24-49, 24-50, 24-51, 24-53, 24-56, 24-
58, 24-61, 34-20, 34-46, 36-10 AND ADDING SECTION 36-403 OF THE EDINA CITY
CODE CONCERNING SMALL WIRELESS FACILITIES AND WIRELESS SUPPORT
STRUCTURES IN THE PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Edina City Code Section 2-724 is amended by adding the following fees and charges:
Chapter and
Section Purpose of Fee/Charge Amount
24-51 Rent to occupy space on $150 Per small wireless facility per year
a city-owned wireless
support structure
Maintenance associated $25 Per small wireless facility per year
with space occupied on a
city-owned wireless
support structure
Electricity used to $73 Per small wireless facility per
operate a small wireless month per radio node less than
• facility if not purchased or equal to 100 max watts
directly from a utility Or
The actual costs of electricity if the
actual costs exceed $73 per radio
node less than or equal to 100 max
watts
Electricity used to $182 Per small wireless facility per
operate a small wireless month per node over 100 max watts
facility if not purchased
directly from a utility OR
The actual costs of electricity if the
actual costs exceed $182 per radio
node over 100 max watts
Section 2. Edina City Code Section 24-49 is amended by adding the underlined language and
deleting the strikethrough language to the definition of City cost and Telecommunication rights-of-way
user as follows:
City cost means the actual cost incurred by the city for public rights-of-way management; including,
but not limited to, costs associated with registering applicants; issuing, processing and verifying right-
of-way or small wireless facility permit applications; inspecting job sites and restoration projects;
1933680
Ordinance No. 2017-12
Page 2
maintaining, supporting, protecting or moving facilities during public right-of-way work; determining the
• adequacy of right-of-way restoration; restoring work inadequately performed; mapping of as-built
locations of facilities located in rights-of-way; and revoking right-of-way permits or small wireless facility
permits and performing all other tasks required by this article, including other costs the city may incur
in managing the provisions of this article.
Telecommunication rights-of-way user.
(1) The term "telecommunication rights-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_ For
purposes of this article, the term "cable communication system" is defined and
regulated under Minn. Stats. § 238.02 et seq.
(2) The term "telecommunication rights-of-way user" does not mean a cable communication
system defined and regulated under Minn. Stats. Ch. 238, and telecommunication
activities related to providing natural gas or electric energy services..-, a public utility as
defined in Minn Stats. § 2161302 a municipality, a municipal gas or power agency
organized under Minn Stats Ch. 453 and 453A or a cooperative electric association
organized under Minn. Stats. Ch. 308A. These entities are not telecommunications right
• of way users for purposes of this chapter except to the extent these entities are providing
wireless services.
Section 3. Edina City Code Section 24-49 is amended by adding the following definitions:
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.
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 I I inches.
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 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
(ii) 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 transfers switches, cutoff switches, cable,
conduit, vertical cable runs for connection of power and other services, and any equipment
1933680
Ordinance No. 2017-12
Page 3
concealed from public view within or behind an existing structure or concealment, is in
• aggregate no more than 28 cubic feet in volume; or
(2) a micro wireless facility.
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 and 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 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 the City.
Wireless telecommunication facility means equipment used to provide wireless telecommunication
or data services, including all antennas, radios, support devices, equipment including ground equipment,
associated cables, and attachments. It includes a small wireless facility unless a small wireless facility is
specially exempted or excluded from the coverage of a particular provision of this Code.
Wireline backhaul facility means a facility used to transport communications data by wire from a
wireless facility to a communications network.
Section 4. Edina City Code Section 24-50 is amended by adding the underlined language and
deleting the strikethrough language as follows:
Sec. 24-50. - Registration.
(a) Annual registration required. No person shall construct, install, repair, remove, collocate, relocate or
perform any work within any right-of-way without first being registered pursuant to this section.
Such registration shall be made on an application form provided by the engineer and shall be
accompanied by the registration fee provided in section 2-724. A service or utility service operating
under a franchise with the city shall register pursuant to this section, but need not provide the
• registration information required by subsection (b) of this section, if such information has been
submitted pursuant to the franchise agreement. A person who pays a franchise fee to the city in
accordance with a franchise agreement shall be exempt from payment of a registration fee.
193368v1
Ordinance No. 2017-12
Page 4
(b) Registration information. The registrant shall provide the following at the time of registration and
• shall promptly notify the city of changes in such information:
(1) Registrant's name, address, telephone number, facsimile number and Gopher One-Call
registration certificate number, if required by state law.
(2) Name, address, telephone number and facsimile number of the person responsible for fulfilling
the obligations of the registrant.
(3) A certificate of insurance from a company licensed to do business in the state providing
coverage in the following amounts:
a. General liability. Public liability, including premises, products and complete operations.
. Bodily injury liability: $1,000,000.00 each person, $3,000,000.00 each occurrence.
2. Property damage liability: $3,000,000.00 each occurrence.
3. Bodily injury and property and damage combined: $3,000,000.00 single limit.
b. Comprehensive. Automobile liability insurance, including owned, nonowned and hired
vehicles.
I. Bodily injury liability: $1,000,000.00 each person, $3,000,000.00 each occurrence
2. Property damage liability: $3,000,000.00 each occurrence.
3. In lieu of subsections (b)(3)b.I and 2 of this section, bodily injury and property
damaged combined: $3,000,000.00 single limit.
• Such certificate shall verify that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the use and occupancy of
the right-of-way by the registrant, its officers, agents, employees and permittees, and
placement and use of equipment or facilities in the right-of-way by the registrant its officers,
agents, employees and permittees, including, but not limited to, protection against liability
arising from completed operations, damage of underground equipment and collapse of
property. Such certificate shall also name the city as an additional insured as to whom the
coverage's required herein are in force and applicable and for whom defense will be provided
as to all such coverage's. Such certificate shall require that the engineer be notified 30 days
prior to cancellation of the policy.
(4) 24-hour emergency number.
(5) An acknowledgment by the registrant of the indemnification pursuant to section 24-65(b).
(6) Such other information the city may require.
(c) Exceptions. The following are not subject to the requirements of this section:
(1) Persons planting or maintaining boulevard plantings or gardens.
(2) Persons erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots.
(3) Persons engaged in snow removal activities.
(4) Persons installing street furnishing, bus stop benches and shelters.
• (5) Persons installing vending machines.
(6) Persons installing irrigation systems.
I93368Nr1
Ordinance No. 2017-12
Page 5
(7) Federal, state, county and city agencies.
• (8) Persons installing pet containment systems.
(9) Plumbers licensed in accordance with article IX of chapter 10.
(10) Persons acting as agents, contractors or subcontractors for a registrant who has properly
registered in accordance with this section.
(d) Term. Registrations issued pursuant to this article shall expire on September I of each calendar
year.
Section S. Edina City Code Section 24-51 is amended by adding the underlined language and
deleting the strikethrough language as follows:
Sec. 24-51 . - Permit required; bond; exceptions.
No person shall excavate, dig, tunnel, collocate, trench or install any facilities, equipment or
improvements above, on or beneath the surface of any right-of-way in the city or any property owned
by the city without first obtaining a permit pursuant to this section.
(1) Application; fee. An application for a permit shall be made on forms provided by the engineer
and shall be accompanied by the fees set forth in section 2-724 which are established to
reimburse the city for city costs. A person who pays a franchise fee to the city in accordance
with a franchise agreement shall be exempt from the payment of permit fees. If the work is to
be performed by an agent, contractor or subcontractor on behalf of a registrant, such
• application shall be signed by the registrant. The application shall also be accompanied by the
following:
a. Scaled drawings showing the location of all facilities and improvements proposed by the
applicant.
b. A description of the methods that will be used for installation.
c. A proposed schedule for all work.
d. The location of any public streets, sidewalks or alleys that will be temporarily closed to
traffic during the work.
e. The location of any public streets, sidewalks or alleys that will be disrupted by the work.
f. A description of methods for restoring any public improvements disrupted by the work.
g. Any other information reasonably required by the engineer:�provided that for a small
wireless facility such information must be reasonably necessary to review the application
for compliance with generally applicable and reasonable health, safety, and welfare
regulations and to demonstrate compliance with applicable Federal Communications
Commission regulations governing radio frequency exposure.
(2) Security. For companies not operating under a franchise with the city, a surety bond, letter of
credit or cash deposit in the amount determined by the engineer but not less than $5,000.00,
shall be required from each applicant. A surety bond shall be from a corporate surety
authorized to do business in the state. Security required pursuant to this subsection shall be
• conditioned that the holder will perform the work in accordance with this article and
applicable regulations, will pay to the city any costs incurred by the city in performing work
pursuant to this article, and will indemnify and save the city and its officers, agents and
193368v1
Ordinance No. 2017-12
Page 6
employees harmless against any and all claims, judgment or other costs arising from any
• excavation and other work covered by the permit or for which the city, council or any city
officer may be liable by reason of any accident or injury to persons or property through the
fault of the permit holder, either in improperly guarding the excavation or for any other injury
resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit
shall be released by the city upon completion of the work and compliance with all conditions
imposed by the permit. For permits allowing excavations within public streets, such bond,
letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy
of all restoration work.
(3) Applications for permits for multiple telecommunications facilities. Permits for multiple
telecommunications facilities including small wireless facilities may be filed in consolidated
applications as required by Minn Stat § 237.163 subd. 3(a). Permit applications that propose
collocation of facilities shall indicate to the extent practicable the owner of the other facility
or facilities and if the city is the owner of those facilities the application shall comply with the
requirements in subsection 4.
(4) Applications to collocate on city owned structures.
a. Permit applications that propose collocation of facilities on city owned poles, buildings or
other structures owned or under the control of the city may be authorized by the council
upon terms and conditions established by the council. A wireless service provider may
collocate small wireless facilities on wireless support structures owned or controlled by
• the city and located within the public roads or rights-of-way without being required to
apply for or enter into any individual license franchise or other agreement with the city
or any other entity, other than a standard small wireless facility collocation agreement if
the city elects to utilize such an agreement.
b. Any initial engineering survey and preparatory construction work associated with
collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable nondiscriminatory, and competitively neutral charge to recover
costs associated with a proposed attachment.
c. The city may charge each small wireless facility attached to a city-owned wireless support
structure fees as specified in Section 2-724 in addition to other fees or charges allowed
by law.
(5) Permit issuance; conditions.
a. The engineer shall grant a permit upon finding the work will comply with applicable sections
of this Code, The engineer may impose generally applicable and reasonable conditions upon
the issuance of the permit and the performance of the applicant thereunder to protect the
public health, safety and welfare, to ensure the structural integrity of the right-of-way, to
protect the property and safety of other users of the right-of-way, and to minimize the
disruption and inconvenience to the traveling public. Placement of small and other wireless
• facilities shall not exceed the limits specified in state law, including but not limited to Minn.
Stats. § 237.163 or City Code. No permit shall be issued to anyone who has failed to
register in accordance with section 24-50.
193308\ 1
Ordinance No. 2017-12
Page 7
b. The city has ninety (90) days after receiving a complete small wireless facility application to
• issue or deny a small wireless facility permit or the permit will be automatically approved.
The 90-day period will be tolled if the city provides a written notice to the applicant that
the application for a small wireless facility permit is incomplete within thirty (30) days of
receipt of the application that clearly and specifically delineates all missing documents or
information. Information delineated in the notice is limited to documents or information
publicly required as of the date of implication and reasonably related to the city's
determination of whether the proposed equipment falls within the definition of a small
wireless facility and whether the proposed deployment satisfies all health safety, and welfare
regulations applicable to the small wireless facility permit request Within ten (10) days of
applicant's submittal of additional documents or information in response to a notice of
incompleteness the city shall notify the applicant in writing of any information requested in
the initial notice of incompleteness that is still missing. Second or subsequent notices of
incompleteness may not specify documents or information that were not delineated in the
original notice of incompleteness Requests for information not requested in the initial
notice of incompleteness do not toll the 90-dam clock at any time. If the City receives
applications within a single seven-day period from one or more applicants seeking approval
of permits for more than 30 small wireless facilities the City may extend the 90-day deadline
imposed in state law by an additional 30 des. If the City elects to invoke this extension, it
must inform in writing any applicant to whom the extension will be applied. If the engineer
does not act on an application for a small wireless facility within the 90-day period, or any
applicable extension the permit is automatically issued. A denial of a small wireless facility
permit application must be in writing as required by section 24-56.
• c. The permit shall be kept on the site of the work while it is in progress, in the custody of the
individual in charge of the work. The permit shall be exhibited upon request made by any
city official or police officer.
d The permittee shall screen all aboveground facilities. Screening methods shall include the
use of shrubs trees and/or with landscape rock or installation using stealth or camouflaged
forms of the facility.
e The engineer may condition approval of a small wireless facility permit on reasonable
accommodations for decorative wireless support structures or signs.
f The engineer may impose reasonable restocking replacement or relocation requirements
when a new wireless support structure is placed in a public right-of-way.
(6) Exceptions. No permit shall be required for the following:
a. Landscaping work.
b. Fences, driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop
benches, shelters, posts and pillars.
c. Snow removal activities.
d. Vending machines.
e. Irrigation systems, provided that the system does not connect directly to water mains in
the right-of-way.
• f. Activities of the city.
g. Installation and maintenance of sewer or water services, provided that no excavation or
other work is done within a street, sidewalk or alley and all work is confined to
unimproved portions of rights-of-way or easements.
1933680
Ordinance No. 2017-12
Page 8
• (7) Special exceptions for some small wireless facilities: As required by state law, a person is not
required to pay a small wireless facility_permit fee obtain a small wireless facility permit, or
enter into a small wireless facility collocation agreement solely in order to conduct any of the
following activities:
a. routine maintenance of a small wireless facility;
b replacement of 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: o-
C. installation placement maintenance operation or replacement of micro wireless
facilities that are suspended on cables strung between existing utility poles in compliance
with national safety codes.
Persons that perform these excepted activities shall provide the city advance notification of
these activities if the work will obstruct a public right-of-way.
Section 6. Edina City Code Section 24-53 is amended by adding the underlined language and
deleting the strikethrough language as follows:
Sec. 24-53. - 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 Minn. Stats. §§ 237.162 to 237.163. The permit holder shall
comply with the following standards when performing the work authorized under the permit:
(1) 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.
(7) Protect and identify excavations and work operations with barricade flags and by warning lights
• at night.
193368v1
Ordinance No. 2017-12
Page 9
(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.
(1 1) 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 12
inches above copper cables with over 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 Minn. Stats. § 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 layers at optimum moisture and compacted with the
objective of attaining 95 percent of standard proctor. Compaction shall be accomplished with
hand, pneumatic or vibrating compactors as appropriate.
(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.
(2 1)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:
1933G8\ 1
Ordinance No. 2017-12
Page 10
(1) 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 feet and a maximum depth of four 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 feet but no more than four feet deep. Other buried copper facilities must be placed
at a minimum depth of 30 inches and a maximum depth of four 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 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 95 percent 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 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 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 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.
(1 1) Underground facilities shall not be installed within five 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 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 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.
193368\1
Ordinance No. 2017-12
Page I I
(1) 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 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 (e.g., 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. Small wireless facilities and wireless support structures will also be allowed in the
public right-of-way as provided in this article.
(2) Wireless telecommunication facilities as pole attachments. Wireless telecommunication facilities
that comply with the following requirements may be attached to existing or replacement public
utility or city structures ("public utility structure") within the right-of-way after issuance of a
pole attachment permit:
a. The wireless telecommunication facility shall not extend more than ten feet above the
top of the existing public utility structure in place on prior to May 30, 2017 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
50 feet above ground level or the height of the existing public utility structure height
whichever is greater and the replacement public utility structure diameter shall not
exceed the existing public utility structure diameter by more than 50 percent.
c. Except for equipment associated with small wireless facilities, Tthe wireless
telecommunication facility shall not be larger than seven cubic feet and shall have no
individual surface larger than four square feet. Small wireless facilities shall meet the
dimensional requirements for small wireless facilities as defined in this Chapter.
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 feet from each side of the pole
or tower, except that an antenna one-half inch in diameter or less may extend an
• additional six inches.
e. The wireless telecommunication facility shall include no ground mounted equipment
within the rights-of-way. Small wireless facilities are exempt from this item.
193368v1
Ordinance No. 2017-12
Page 12
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 Minn. Stats. §§ 237.162-237.163.
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.
i New wireless support structures installed in the right-of-way after May 30, 2017 shall not
exceed 50 in height above ground level.
(3) Wireless telecommunication facilities as pole extensions or with ground mounted equipment. Except
as provided in subsection (2) above, 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 director that
the wireless telecommunication facility cannot be placed in a code complying location
outside the right-of-way within one-quarter mile of the proposed location. Wireless
support structures and small wireless facilities are exempt from this item.
b. The replacement public utility structure, including lightning rods and all other attachments,
shall not exceed 50 feet in height above ground level or the height of the existing public
• utility structure whichever is greater-by FneFe than 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 50 percent.
d. The wireless telecommunication facility shall not extend outward from the public utility
structure by more than two feet on any side.
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.
g. A pole attachment or excavation permit for a wireless telecommunication facility that has
ground mounted equipment will be issued only if:
I. 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.
193368v1
Ordinance No. 2017-12
Page 13
h. Ground mounted equipment associated with the wireless telecommunication facility shall
meet the following performance standards:
1. Be set back a minimum of ten feet from the travelled portion of rights-of-way;
2. Be separated from a sidewalk by a minimum of three feet;
3. Be set back a minimum of 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 except there shall be no minimum separation
distances between small wireless facilities;
5. If located adjacent to residential uses, ground mounted equipment shall be limited to
three feet in height above grade and 278 cubic feet in cumulative size;
6. If located adjacent to non-residential uses, ground mounted equipment shall be
limited to five feet in height above grade and 81 cubic feet in cumulative size;
7. Ground mounted equipment located outside the public right-of-way must meet the
requirements of chapter 34; 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 to support wireless telecommunication
facilities is not allowed, except:
. When attachment to existing utility or city poles is not feasible; or
2. The new pole is owned by the city; or
3. When the pole meets the definition of a wireless support structure.
b. New poles when allowed shall not exceed 35 feet in height and four feet in circumference,
except that new wireless support structures located in the public right-of-way shall not
exceed 50 feet in height above ground level. Replacement wireless support structures
shall not exceed 50 feet in height aboveground level or the height of the replaced wireless
support structure, whichever is greater.
c. Wireless support structures shall comply with all applicable provisions of article II of
chapter 10, including wind loading requirements set forth in the state building code.
d. Wireless support structures and small wireless facilities shall be grounded for protection
against a direct strike by lightning and shall comply, as to electrical wiring and connections,
with all applicable provisions of this Code.
• e. No wireless support structure or small wireless facility shall have affixed to it any signs,
banners or placards of any kind, (except one sin not over ten square inches in area maX
1933680
Ordinance No. 2017-12
Page 14
be affixed indicating the name of the manufacturer or installer) nor shall any lights,
• reflectors flashers or other illuminating devices be affixed except as required by the
Federal Aviation Administration or Federal Communications Commission, except that a
banner or sign may be attached to a wireless support structure or small wireless facility
at the city's request to conform to other wireless support structures or small wireless
facilities.
f No wireless support structure shall have constructed on it or attached to it, in any way,
any platform catwalk crow's nest or similar structure except structures necessary for
the maintenance of small wireless facilities.
h All wireless support structures shall be constructed of corrosive-resistant steel or other
corrosive-resistant noncombustible materials. Wireless support structures shall not be
constructed or made of wood including timbers or logs, except that a wood wireless
support structure may be used to replace an existing wood wireless support structure.
i No part of any wireless support structure or small wireless facility, or any lines, cables,
equipment wires or braces used in connection with any wireless support structure or
small wireless facility shall at any time extend across or over any part of the street,
sidewalk or alley.
j Wireless support structures shall be of monopole design and shall blend into the
surrounding environment through the use of color, camouflaging and other architectural
• treatment.
k. No small wireless facility shall interfere with public safety telecommunications.
(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 7. Edina City Code Section 24-56 is amended by adding the underlined language and
deleting the strikethrough language as follows:
Sec. 24-56. - Denial of permit.
The engineer may deny a permit due to the following:
(1) Failure to register pursuant to section 24-50.
(2) A proposed excavation within a street or sidewalk surface that has been constructed or
reconstructed within the preceding five years, unless the engineer determines that no other
locations are feasible or when necessitated by an emergency.
• (3) The applicant is subject to revocation of a prior permit issued pursuant to this article.
193368v1
Ordinance No. 2017-12
Page 15
(4) The proposed schedule for the work would conflict or interfere with an exhibition,
• celebration, festival or any other similar event.
(5) The right-of-way would become unduly congested due to the proposed facilities and
equipment when combined with other uses in the right-of-way, as provided in section 24-
61(c).
(6) Businesses or residences in the vicinity will be unreasonably disrupted by the work.
(7) The proposed schedule conflicts with scheduled total or partial reconstruction of the right-
of-way.
(8) The applicant fails to comply with the requirements of this article or other sections of this
Code.
Any denial of a right-of-way or small wireless facility permit shall be made in writing and shall
document the basis for the denial The city shall notify a telecommunications right-of-way user in
writing within three business days of the decision to deny a permit. If a permit application is denied,
the telecommunications right-of-way user may cure the deficiencies identified by the city and
resubmit its application If the telecommunications right-of-way user resubmits the application
within 30 days of receiving written notice of denial it may not be charged an additional filing or
processing fee The city must approve or deny the revised application within 30 days after the
revised application is submitted.
Section 8. Edina City Code Section 24-58 is amended by adding the underlined language and
deleting the strikethrough language as follows:
• Sec. 24-58. - Revocation of permits.
The engineer may revoke any permit, without a fee refund, if there is a substantial breach of the
terms and conditions of any statute, this Code, rule or regulation, or any condition of the permit which
substantial breach shall continue uncured for ten calendar days after the issuance of a written order of
the engineer. A substantial breach of a permit holder shall include, but shall not be limited to, the
following:
(1) The violation of any material provision of the permit;
(2) An evasion or attempt to evade any material provision of the permit, or the perpetration or
attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a permit;
(4) The failure to maintain the required bonds and insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct a condition indicated on an order issued by the engineer.
Any revocation of a right-of-way or small wireless facility_permit must be made in writing and must
document the basis for revocation. The city must notice the telecommunications right-of-way user in
writing within three business days of the decision to revoke a permit.
• Section 9. Edina City Code Section 24-61 is amended by adding the underlined language and
deleting the strikethrough language as follows:
103368v1
Ordinance No. 2017-12
Page 16
• Sec. 24-61 . - Location of facilities and equipment.
(a) Undergrounding by telecommunications right-of-way users. Any new construction and the installation
of new equipment and replacement of old equipment of telecommunication right-of-way users shall
be underground or contained within buildings or other structures in conformity with applicable
codes. Provided, telecommunications right-of-way users may attach equipment and facilities to
existing poles and structures maintained by a service or utility service and install small wireless
facilities and wireless support structures located in the public right-of-way as permitted by the City
Code.
(b) Corridors. The engineer may assign specific corridors within the right-of-way, or any particular
segment thereof, as may be necessary, for each type of equipment that is or, pursuant to current
technology, the engineer expects will someday be located within the right-of-way. All permits
issued by the engineer involving the installation or replacement of equipment shall designate the
proper corridor for the equipment at issue.
(c) Limitation of space. To protect health and safety, the engineer shall have the power to prohibit or
limit the placement of new or additional equipment within the right-of-way if there is insufficient
space to accommodate all of the requests of registrants or persons to occupy and use the right-
of-way. In malting such decisions, the engineer shall strive to the extent possible to accommodate
all existing and potential users of the right-of-way, but shall be guided primarily by considerations
of the public interest, the public's needs for the particular utility service, the condition of the right-
of-way, the time of year with respect to essential utilities, the protection of existing equipment in
the right-of-way, and future city plans for public improvements and development projects which
• have been determined to be in the public interest.
Section 10. Edina City Code Section 34-20 is amended by adding the following definitions:
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.
Micro Wireless Facility. 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 I I inches.
Small wireless facility means
(3) a wireless facility that meets both of the following qualifications:
(i) 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
(ii) 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 transfers switches, cutoff switches, cable,
• conduit, vertical cable runs for 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; or
1933681
Ordinance No. 2017-12
Page 17
(4) a micro wireless facility.
•
Wireless facility means equipment at a fixed location that enables the provision of wireless
services between user and 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 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 the city.
Wireline backhaul facility means a facility used to transport communications data by wire from a
wireless facility to a communications network.
•
Section 11. Edina City Code Section 34-46 is amended by adding the underlined language and
removing the strikethrough language as follows:
Sec. 34-46. - Required; exemptions.
No antenna, dish antenna or tower of any kind shall be erected, constructed or placed, or re-
erected, reconstructed or replaced, anywhere within the city without first making an application for
and obtaining a permit from the city. Provided, however, no permit shall be required for the following:
(1) Dish antennas not greater than nine square feet in cross sectional area, which do not exceed
six feet in height.
(2) All towers or other antennas which do not exceed six feet in height.
(3) Antennas, dish antennas and towers erected or constructed by the city for city purposes.
(4) Structures and facilities directly related to the provision of services by a public utility, including,
but not limited to, water towers, lights, signals, power and telephone poles and poles
supporting emergency warning devices.
(5) Wireless support structures and small wireless facilities located in the public right-of-way.
• These facilities are regulated under Chapter 24.
Section 12. Edina City Code Section 36-10 is amended by adding the following definitions:
1933680
Ordinance No. 2017-12
Page 18
Collocate or Collocation: 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.
Micro wireless facility: 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 I I inches.
Small wireless facility: 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 and
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 transfers switches,
cutoff switches, cable, conduit, vertical cable runs for 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; or a micro wireless facility
Wireless facility: equipment at a fixed location that enables the provision of wireless services
between user and 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, (3) 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: 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: 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 the City.
Wireline backhaul facility: a facility used to transport communications data by wire from a
wireless facility to a communications network.
Section 13. Edina City Code is amended by adding Section 36-403 as follows:
Sec. 36-403 Permitted Placement of Small Wireless Facilities and Wireless
Support Structures
Notwithstanding any other provision of this Code, the placement of small wireless facilities
and wireless support structures to accommodate small wireless facilities are a permitted use in a
• public right-of-way.
Section S. This ordinance is effective 2017.
193368v1
Ordinance No. 2017-12
Page 19
• First Reading: November 8, 2017
Second Reading: Waived
Published: November 22, 2017
Attest
ebra . Mangen, ity C erk mes . Hovland, Mayor
Please publish in the Edina Sun Current on Wednesday, November 22, 2017
Send two Affidavits of Publication
Bill to Edina Accounts Payable
•
•
193368v1