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HomeMy WebLinkAboutOrdinance No. 2020-05_Small_Wireless_FacilitiesORDINANCE NO. 2020-05 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE III OF THE EDINA CITY CODE CONCERNING SMALL WIRLESS FACILITIES AND WIRELESS SUPPORT STRUCTURES LOCATED IN THE PUBLIC RIGHT-OF- WAY THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Section 24-53.(d)(1) of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: (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. Section 2. Section 24-53.(d)(2)d. of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: d. The wireless telecommunication facility shall not extend more than ten feet above the top of thean existing public utility structure that was in place as of May 31, 2017 and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. Section 3. Section 24-53.(d)(2)e. of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: 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 24 inches in diameter from the ground level to 5 feet above ground level in height and from 5 feet above ground level in height to the top of the public utility structure the diameter shall not exceed the diameter needed for structure support. Concealed poles shall meet the specifications of a Valmont concealed pole or approved equal in size. Section 4. Section 24-53.(d)(2) of the Edina City Code is amended by adding paragraph m. as follows: m. Shrouded small wireless facilities shall not be permitted in the right-of-way in any zoning district designated R1 (single dwelling unit district) or R2 (double dwelling unit district) but shall be permitted in the right-of-way in all other zoning districts. A shrouded small wireless facility is a small wireless facility that has all antennas and cables fully covered, concealed, or screened. Section 5. Section 24-53.(d)(3)c. of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: c. The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent24 inches in diameter from the ground level to 5 feet above ground level in height and from 5 feet above ground level in height to the top of the public utility structure the diameter shall not exceed the diameter needed for structure support. Concealed poles shall meet the specifications of a Valmont concealed pole or approved equal in size. Section 6. Section 24-53.(d)(4)a. of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: (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. Section 7. Section 24-53.(d)(4)b. of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: b. New and replacement poles when allowed shall not exceed 3550 feet in height or the height of the replaced wireless support structure whichever is greater and four feet in circumference and 24 inches in diameter from the ground level to 5 feet above ground level in height and from 5 feet above ground level in height to the top of the public utility structure the diameter shall not exceed the diameter needed for structure support. Concealed poles shall meet the specifications of a Valmont concealed pole or approved equal in size.except that new wireless support structures in the right of way shall not exceed 50 feet in height or the height of the replaced wireless support structure, whichever is greater. Section 8. Section 24-60 of the Edina City Code is amended by adding the underline language and removing the strikethrough language as follows: (a) Within 120 days following completion of any work pursuant to a permit, the registrant shall provide the engineer accurate maps and drawings certifying the as- built location of all facilities and equipment installed, owned and maintained by the registrant. Such maps and drawings shall indicate both the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the city's electronic mapping system. Failure to provide maps and drawings in accordance with this section shall be grounds for revoking the permit holder's registration. (b) Additional Construction Information: In addition, the right-of-way user that installs a new or replacement wireless support structure or pole shall submit to city at the time the project is completed a completion certificate signed by an engineer licensed by the state of Minnesota verifying the wireless support structure or pole has been installed according to the structural design. Section 9. This ordinance is effective ,2020. First Reading: Second Reading: Published: ATTEST: ______________________________ ______________________________ Sharon Allison, City Clerk James A. Hovland, Mayor 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 that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of ___________________, 2017 and as recorded in the Minutes of Said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ____________________, 2017. __________________________________________ City Clerk