Loading...
HomeMy WebLinkAboutOrdinance No. 2019-09 Repealing_Replacing Sections 24-51 and 24-53 small Wireless....ORDINANCE NO. 2019-09 AN ORDINANCE REPEALING AND REPLACING SECTIONS 24-51 AND 24-53 OF THE EDINA CITY CODE CONCERNING SMALL WIRELESS FACILITY AESTHETIC STANDARDS THE CITY COUNCIL OF EDINA ORDAINS: SECTION 1. Edina City Code Section 24-51 is repealed in its entirety and replaced with the following language: Sec. 24-51.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: (2) a. Scaled drawings showing the location of all facilities and improvements proposed by the applicant. b. Site Plans. Applicants for permits for small wireless facilities and wireless support structures must submit site plans, elevation drawings and structural calculations prepared and signed by a Professional Engineer licensed by the State of Minnesota as detailed below. Site plans must depict any adjoining or nearby existing wireless facilities, with all existing transmission equipment identified; neighboring public improvements; the proposed small wireless facility, with all proposed transmission equipment and other improvements, and; the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks. Site plans must further include: (i) Photo Simulations. For all applications, photo simulations must be included. Such photo simulations must be from at least three line-of-site locations near the proposed project site depicting the viewpoints of the greatest pedestrian or vehicular traffic. (ii) Equipment Specifications. For all equipment depicted on the plans, the applicant must include: a. the manufacturer's name and model number; b. physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware; c. technical rendering of all external components, including enclosures and all attachment hardware; and d. a selection from the City's approved aesthetic standards. 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. (3) 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 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 Minnesota Statutes Section 237.163 Subdivision 3a. 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 include a request for a collocation agreement using a form and providing such information as required by the city. (4) Applications to collocate on city owned structures. 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. (5) 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. (6) 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. (7) Permit issuance; conditions. a. The engineer shall grant a permit within sixty (60) days of receiving a complete application for collocation of a small wireless facility using a preexisting structure and within ninety (90) days of receiving a complete application for attachment of a small wireless facility using a new structure upon finding the work will comply with applicable sections of this Code, or shall provide written reasons for denial of the application if the city believes the requirements have not been satisfied, unless that time period is extended or tolled as specified in state law, Minnesota Statutes Section 237.163 Subdivision 3(c). b. No permit shall be issued to anyone who has failed to register in accordance with section 24-50. 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 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. e. The permittee shall screen all aboveground facilities and make reasonable accommodations for decorative wireless support structures or signs, as required by the Director. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility. The Director may also impose reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of- way. f. Any denial of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the denial. The City must notify the 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 the application within 30 days of receiving written notice of the 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. 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. (9) Special exceptions for small wireless facilities: Pursuant to 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; or 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 2. Edina City Code Section 24-53 is repealed in its entirety and replaced with the following language: 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 7819.1100, 7819.5000 and 7819.5100, 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. (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 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. (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: (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. (11)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. (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 associated with wireless facility deployments. Such negative impacts may include interference with the right-of-way sight lines, aesthetic impacts that are inconsistent with the surrounding area, fall zone and clear zone risks, navigation obstacles, interference with future right-of-way improvement or transportation improvement plans, interference with the installation or maintenance of other utilities, and increased visual or noise pollution. 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. To address such impacts, any person desiring to collocate wireless facilities or place new wireless support structures in the right-of-way must first obtain a wireless facility permit. Moreover, any person seeking to collocate a wireless facility on an existing wireless support structure owned or controlled by the city must first enter a standard collocation agreement. The following aesthetic standards and requirements are intended to maintain the city's aesthetic environment while also allowing for the availability of wireless services, including broadband and "5G" services, using small wireless facilities. These standards are intended to establish clear and consistent aesthetic standards for wireless facility placements in the city and establish a streamlined review and approval process. The city will make these standards publicly available. The city desires to promote aesthetically acceptable and area conforming wireless facilities using the smallest and least intrusive means available to provide wireless services to the community. These standards, which are meant to protect the public health, safety, and welfare, apply to all wireless telecommunication facilities on city-owned and non-city owned support structures and placement and replacement of wireless support structures in the public right-of-way. Wireless facilities and wireless support structures will be allowed in the public right-of-way as provided in this article and Section 36-434. Compliance with these standards is a requirement for, and condition of, issuance of a small wireless facility permit. Any installation that does not conform to these standards will be in violation of the associated permit and the city's right-of-way ordinance. In addition to the following standards the placement of new support structures for small wireless facilities shall be subject to any conditions specified in the small wireless facility permit. Applications to install new wireless support structures in districts or areas zoned for single-family residential use or within a historic district established by federal or state law or city ordinance as of the date of application shall further be subject to any conditions contained in the required conditional use permit authorizing such installation. With respect to city-owned support structures, these standards additionally seek to: (a) establish a menu of design options for providers to select from when applying for new small wireless facility permits associated with city support structures. (b) minimize unnecessary placement of new poles by encouraging collocation of small wireless facilities. (c) in situations where city support structures will be replaced, require that the structures be of stealth design such that the maximum amount of facilities, including any wiring, are concealed inside the structure. (d) in situations where attachments will be made to existing poles, require that facilities equipment, cabling, and conduit be concealed through the use of approved shrouding or camouflaging. (2) Wireless telecommunication facilities as pole attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to new, existing or replacement public utility or city structures ("public utility structure") within the right- of-way after issuance of a pole attachment permit: (a) Antennas. Antennas must be top-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally attenuates the signal transmitted/received by such antenna) or otherwise concealed to the extent feasible. Cable connections, antenna mounts and other hardware must also be concealed. The radome or other concealment must be non-reflective and painted or otherwise colored to match the existing support structure. (b) Collocation. Collocations between wireless service providers on the same support structure is required wherever feasible. If an applicant chooses to not collocate in areas where options are or appear to be available, the applicant must document that collocation is infeasible. (c) Concealment. Concealment elements must be incorporated into the proposed design of the small wireless facility installation, and must include approved camouflaging or shrouding techniques. (d) The wireless telecommunication facility shall not extend more than ten feet 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. (e) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure shall remain in its existing location unless otherwise permitted by the city. 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. (f) Except for equipment associated with small wireless facilities, the 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. (g) 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, except that an antenna one-half inch in diameter or less may extend an additional six inches. (h) The wireless telecommunication facility shall include no ground mounted equipment within the rights-of-way. Small wireless facilities are exempt from this item. (i) The wireless telecommunication facility shall not interfere with public safety communications. (j) 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. (k) 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. (1) Unless otherwise required for compliance with FAA or FCC regulations, wireless telecommunications facilities shall not include any lights or lighting. This subsection does not prohibit installations on streetlights or the installation of luminaries or additional street lighting on new, modified or replacement support structures if and where required by the city. 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 above ground level or the height of the existing public utility structure whichever is greater. 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. (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 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 28 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. (9) Be installed below grade or, if technically necessary, concealed in a ground mounted cabinet. (10) Ground mounted cabinets must be flush to the ground and the same color as neighboring, similar support cabinets or other ground mounted structures. (11) Ground mounted cabinets on adjoining sidewalks, trails, or other similar passageways must not interfere in any way with the flow of pedestrian, bicycle or vehicular traffic. (12) Ground mounted cabinets must conform with the Americans with Disabilities Act (ADA) including with respect to appropriate sidewalk spacing. (13) Ground mounted cabinets must not create a safety hazard. (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) 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; or (3) When the pole meets the definition of a wireless support structure. Wireless support structures are permitted in the public right-of-way in the R-1 zoning district by conditional use permit pursuant to Section 36-434. Wireless support structures are a permitted use in the public right-of-way in all other zoning districts. (b) New and replacement 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. Replacement wireless support structures shall not exceed 50 feet in height or the height of the replaced wireless support structure, whichever is greater. (c) New and replacement support structures must be the same color as neighboring, similar support structures and of the same design characteristics. The city standard self-contained support structure shall be the Valmont XXX (Serial #), or an approved equal. The City Manager, or his designee, shall determine if a support structure is approved for installation. (d) Any new support structure or other facilities associated with a new or existing support structure must not obstruct access to: (1) any existing above-ground or underground right-of-way user facilities, or public facilities; (2) any public infrastructure for traffic control, streetlight or public transportation purposes, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors; (3) any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations); (4) fire hydrants; (5) any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; and/or any (6) fire escapes. (e) Any new support structure shall be placed: (1) a minimum of 200 feet from any existing support structure or pole; (2) at a distance which is the same as the prevailing separation distance among existing structures and poles in the surrounding vicinity as agreed upon by the applicant and City, or determined by the City where agreement cannot be reached; (3) as functional streetlights as the City may require, in its reasonable discretion; (4) in alignment with existing trees, utility poles, and streetlights; (5) an equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree; (6) with appropriate clearance from existing utilities; (7) outside of a 20-foot equipment clear zone (for base cabinets less than 18-inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners; (8) so as not to be located along the frontage of a Historic building, deemed historic on a federal, state, or local level; (9) so as not to significantly create a new obstruction to property sight lines; (10) at shared property lines if feasible; (11) not within 50 feet of the apron of a fire station or other emergency service responder facility. (f) Any replaced city-owned support structures shall remain in their existing location unless otherwise permitted by the city. Replacement pole height shall not exceed 50 feet, or the height of the existing pole, whichever is greater. (g) All support structures must: (1) be constructed of aluminum or steel; (2) where constructed as a light pole, luminaire(s) and luminaire arm(s) must match adjacent city lighting standard and must contain an LED fixture in accordance with city specifications. (h) 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. (i) 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. (j) Wireless support structures shall be protected to discourage climbing by unauthorized persons. (k) No wireless support structure or small wireless facility shall have affixed to it any signs, banners or placards of any kind, (except one sign not over ten square inches in area may 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. (1) 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. (m) 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. (n) 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. (o) No small wireless facility shall interfere with public safety telecommunications. ovland, Mayor WITNESS my hand and seal of said City this , 2019. City Cler (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 2. This ordinance is effective First Reading: Alf) 6-401 ?'.19 Second Reading: 1,4 °A. , 2019. Published: Sharon Al ison, City Clerk Please publish in the Edina Sun Current on: Send two affidavits of publication Bill to Edina City Clerk CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify l cro that the attached and for going ilTdiu o nce was duly adopted by the Edina City Council at its Regular Meeting of ri, 31 1 , 2019 and as recorded in the Minutes of Said Regular Meeting.