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HomeMy WebLinkAbout2016-15 Amending Chapter 24 ROW ORDINANCE NO. 2016-15 AN ORDINANCE AMENDING CHAPTER 24 OF THE EDINA CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF EDINA ORDAINS: Section I. Section 24-53D of the Edina City Code is amended to provide as follows: 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 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. 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 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 175047v2 3339757v1 188938v1 Ordinszice No. 2016-15 Page 2 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 seven (7) 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. (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 Minnesota Statutes Sections 237.162 - .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. 3. Wireless Telecommunication Facilities as Pole Extensions or with Ground Mounted Equipment. Except as provided in Section 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 (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. 3339757v1 1889380 Ordinance No. 2016-15 Page 3 (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. (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 travelled portion of 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 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. 3339757v1 188938vl Ordinance No. 2016-15 Page 4 4. New Poles. (a) The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed, except: (1) when attachment to existing utility or City poles is not feasible, or (2) the new 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: 10/18/2016 Second Reading: Waived Published: 11/23/2016 Attest be- bra A. Mangen, City Oerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: 11/23/2016 Send two affidavits of publication Bill to Edina City Clerk 3339757v1 188938v1 AFFIDAVIT OF PUBLICATION CITY OF EDINA (b) If the public utility structure color. ORDINANCE NO.2016-15 must be replaced to structurally ac- (f)The wireless telecommunica- STATE OF MINNESOTA ) 'AN ORDINANCE commodate the wireless telecom- tion facility shall not interfere with COUNTY OF HENNEPIN ss AMENDING CHAPTER 24 munication facility, the replace- public safety communications. OF THE EDINA CITY CODE ment public utility structure height (g)A pole attachment or excava- CONCERNING RIGHT-OF- shall not exceed the existing public tion permit for a wireless telecom- Charlene Vold being duly sworn on an oath, WAY MANAGEMENT utility structure height and the re- munication facility that has ground states or affirms that he/she is the Publisher's THE CITY COUNCIL OF EDINA placement public utility structure mounted equipment will be issued ORDAINS: diameter shall not exceed the exist- only if: Designated Agent of the newspaper(s)known Section 1. Section 24-53D of ing public utility structure diameter (1)the ground mounted equip- as: the Edina City Code is amended to by more than 50 percent ment will not disrupt traffic or pe- provide as follows: (c)The wireless telecommunica- destrian circulation; SC Edina D. STANDARDS FOR WIRE- tion facility shall not be larger than (2)the ground mounted equip- LESS TELECOMMUNICATION FA- threeseven(3Z)cubic feet and shall ment will not create a safety haz- CILITIES. have no individual surface larger ard; with the known office of issue being located 1. Purpose. The City desires than four(4)square feet. (3) the location of the ground in the county Of: high quality wireless communica- (d) The wireless telecommu- mounted equipment minimizes im- HENNEPIN tion services to accommodate the nication facility shall not extend pacts on adjacent property;and, with additional circulation in the Counties of. needs of residents and businesses. outward from the existing pole or (4)the ground mounted equip- HENNEPIN At the same time, the City strives tower or arm thereof by more than ment will not adversely impact the to minimize the negative impacts two and one half(21/2)feet,except health, safety, or welfare of the and has full knowledge of the facts stated that wireless telecommunication that an antenna one half inch in di- community. below: facilities can have on aesthet ameter or less may extend an ad- (h)Ground mounted equipment (A)The newspaper has complied with all of ics and public safety. Due to the ditional six inches. associated with the wireless tele- many services that must be deliv- (e)The wireless telecommunica- communication facility shall meet the requirements constituting qualifica- ered within its limited area,the City tion facility shall include no ground the following performance stan- tion as a qualified newspaper as provided also strives to avoid unnecessary mounted equipment within the dards: by Minn. Stat.§331A.02. encumbrances within the public rights-of-way. (1)be set back a minimum of ten (B)This Public Notice was printed and pub- right-of-way. The City allows and (f)The wireless telecommunica- (10)feet from the travelled portion regulates wireless telecommunica- tion facility shall not interfere with 4f rights-of-way; lished in said newspaper(s) once each tion facilities outside of the public public safety communications. (2)be separated from a sidewalk week, for 1 Successive week(s); the first right-of-way through performance (g) Wireless telecommunication by a minimum of three(3)feet; insertion being on H/24/2016 and the last standards and height limits. The facilities in the right-of-way shall (3) be set back a minimum of purpose of this Article is to regulate be removed and relocated at City fifty(50)feet from the nearest inter- insertion being on 11/24/2016. wireless telecommunication facili- request subject to the provisions of secting right-of-way line; ties within the public right-of-way this ArtieleMinnesota Statutes Sec- (4)be separated from the near- MORTGAGE FORECLOSURE NOTICES in a manner that balances desire tions 237.162-.163, est ground mounted wireless tele- Pursuant to Minnesota Stat. §580.033 for service with aesthetic, public (h) The wireless telecommuni- communication equipment instal- safety, and right-of-way flexibility cation facility shall not block light lation on the same block face by g p mortgage e g g concerns. emanating from the public utility a minimum of 330 feet unless the foreclosure notices: The newspaper complies Public rights-of-way are ap- structure and shall not otherwise equipment is placed underground; with the conditions described in §580.033, propriate locations for wireless interfere with the original use of the (5) if located adjacent to resi- telecommunication facilities that public utility structure. dential uses, ground mounted subd. 1, clause (1) or(2). If the newspapers present minimal impacts known Office of issue is located in a Count p fr:e:e.a.. 3. Wireless Telecommunication equipment shall be limited to three Y small pole attachments that do not Facilities as Pole Extensions or (3)feet in height above grade and adjoining the county where the mortgaged require new poles, do not require with Ground Mounted Equipment, twenty seven(27)cubic feet in cu- premises or some part of the mortgaged pole extensions, and do not have Except as provided in Section 2 mulativesize; premises described in the notice are locatedassociated ground mounted equipabove, Wwireless telecommunica- (6) if located adjacent to non- , ment). Wireless telecommunica- tion facilities that require increased residential uses, ground mounted a substantial portion of the newspaper's tion facilities that require greater public utility structure height or that equipment shall be limited to five circulation is in the latter county. heights than can be afforded by have ground mounted equipment (5)feet in height above grade and existing poles in the public right- may be erected in the public right- eighty-one(81)cubic feet in cumu- of-way and that require ground of-way only when in compliance lative size; mounted equipment are more ap- with the following provisions and (7) ground mounted equipment By: ��W"�'�'�L� �K�' propriately sited outside the public after issuance of a pole attachment located outside the public right-of- Designated Agent right-of-way. The City recognizes, permit or excavation permit way must meet the requirements of however, that as wireless technol- (a) The applicant shall dem- Chapter 34;and ogy advances,some residential ar- onstrate to the satisfaction of the (8) vegetative or other screen- Subscribed and sworn to Or affirmed before eas of the City may be hard to serve City Public Works Director that the ing compatible with the surround- me on 11/24/2016 by Charlene Vold. with wireless technology due to the wireless telecommunication facility ing area shall be provided around lack of siting alternatives in the cannot be placed in a Code com- the ground mounted equipment immediate vicinity. In such areas, plying location outside the right-of- if deemed necessary by the City where no alternative non-right-of- way within one quarter(1/4)mile of Public Works Director or designee. way locations are available, wire- the proposed location. @ Wireless telecommunication c1t less telecommunication facilities (b)The replacement public utility facilities in the right-0f-way shall Notary Public that require pole extensions and structure, including lightning rods be removed and relocated at City ground equipment will be allowed and all other attachments,shall not request subject to the provisions of in the public right-of-way subject exceed the height of the existing this Article. to the requirements of this Article public utility structure by more than 4.New Poles. which are meant to protect the fifteen(15)feet. Once the height of (a)The erection in the right-of- public health,safety,and welfare. a public utility structure has been way of a new pole or a replacement 2. Wireless Telecommunication increased under the provisions of pale to support wireless telecom- vv vvvvvv%&^AAA,% Facilities as Pole Attachments. this Article,the height shall not be munication facilities is not allowed, DARLENE MARIE KPHERSON Wireless telecommunication facili- further increased. except: ties that comply with the following (c)The replacement public utility (1)when attachment to existing Notary Public-Minnesota requirements may be attached to structure diameter shall not exceed utility or Ci poles is not feasible, My Commission Expires Jan 31,2019 existing or replacement public util- the existing public utility stricture and-gr 00 ity or Ci tv structures("public utility diameter by more than fifty (50) (2)the new pole or replateemenf structure') within the right-of-way percent. pole is owned by the City. after issuance of a pole attachment (d) The wireless telecommuni- (b) New poles when allowed permit: cation facility shall not extend out- shall not exceed 35 feet in height Rate Information: (a)The wireless telecommunica- ward from the public utility struc- and 4 feet in circumference. tion facility shall not extend above ture by more than two(2)feet 5. Charges. In addition to the (1)Lowest classified rate paid by commercial users the top of the existing public util- (e) If feasible and desirable, permit fees outlined in this Chapter, for comparable space: ity structure and the height of the as determined by the City Public the City reserves the right to charge $34.45 per column inch existing public utility structure shall Works Director, the replacement telecommunication providers for not be increased to accommodate public utility structure shall match their use of the public right-of-way Ad ID 623912 the wireless telecommunication fa- the original and surrounding public to the extent that such charges are cility. utility structures in materials and allowed under law. Telecommuni- cation providers shall be respon- sible for payment of property taxes attributable to their equipment in the public right-of-way. Section 3. This ordinance is ef- fective upon adoption. First Reading: October 18,2016 Second Reading:Waived Attest Debra A.Mangen,City Clerk James B.Hovland,Mayor Published in the Edina Sun Current November 24,2016 623912