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ITEM 3.4 Amending City Code0 otsTY F o MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action Planning I City Planner Licht 1 8 April 2019 1 Consent City Administrator/Finance Director Flaherty 3.4 — City Code City Attorney MacArthur City Engineer Wagner STRATEGIC VISION X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS City staff recommends adoption of an ordinance amending the City Code to regulate small cell wireless facilities. Wo Held by Planning Commission on 1 April 2019. In 2017, the State of Minnesota adopted amendments to Statutes 237.162 and 237.163 allowing for private service providers to install small cell wireless facilities and wireless support structures within public rights- of-way. The Federal Communications Commission approved a Declaratory Ruling in 2018 further addressing regulation of small cell wireless facilities. The Statute provides guidelines and limitations on a city's ability to regulate the placement and installation of such facilities through a permitting process. Key elements of the Federal rules and State Statute regulating small cell wireless facilities and support structures within public rights-of-way include: ■ Cities cannot discriminate among service providers. ■ Cities cannot regulate small cell wireless facilities in a manner that prohibits or has the effect of prohibiting personal wireless services. ■ Cities must establish a permitting process for small cell wireless providers to locate within public rights-of-way. Applications for multiple small cell wireless facilities locations may be submitted in a batch of up to 15 locations within a two-mile radius. The City must approve or deny an application for a small cell wireless location within the right-of-way within 90 days of a complete application being received. The City must allow for collocation of other small cell wireless facilities on existing wireless support structures for other providers subject to an expedited 60 -day review process if located within the public right-of-way. ■ The City may charge the service provider to occupy the right-of-way up to $150 per location plus an additional $25 per location for maintenance, and service fees for electricity. ■ The City may limit the height of the wireless support structure to 50 feet, if not mounted on an existing utility pole, which can only extend 10 feet above the height of the existing structure. ■ Small cell wireless facilities not located within a public right-of-way must be allowed as a permitted use, except within residential districts where the City may require a conditional use permit. ■ The City may require an agreement separate from small cell wireless permit for installation of facilities or equipment on City -owned structures. The basic form of such an agreement needs to be provided for at the time the small cell wireless ordinances are adopted so that the service providers have an understanding of the terms. City staff has drafted amendments to Title 8, Section 6 of the City Code and Chapter 34 of the Zoning Ordinance to implement regulations applicable to small cell wireless facilities and equipment that complies with the above requirements. The proposed amendment also modifies the fee structure for obstruction permits for when a utility is not installed within a common trench. The proposed revisions cap the maximum obstruction permit fee at $2,000 and require a minimum $5,000 escrow for restoration or repair of the right-of-way. These changes better align the impacts of a right-of-way obstruction with City incurred expenses. The Public Works Subcommittee reviewed the proposed ordinance amendment at their meeting on 20 March 2019 and recommends approval. A public hearing was noticed for the Planning Commission meeting on 1 April 2019 to consider amendments to the Zoning Ordinance addressing small cell wireless facilities. There were no public comments. The Planning Commission had no concerns regarding the proposed amendments. The public hearing was closed and the Planning Commission voted 6-0 to recommend approval of the proposed ordinance amendment. ■ Ordinance 2019-07 ■ Summary of Ordinance 2019-07 POSSIBLE MOTION 'RLEASE UUORD iyIQTPO �MYOO' WOULD LIKE1N,"T N b,�,,, Motion to adopt Ordinance 2019-07 amending the City Code to regulate small cell wireless facilities and approve publication in summary form. BUDGET INFORMATION NA ORDINANCE NO.: 2019-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING SMALL CELL WIRELESS FACILITIES AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 3-1-2.1 of the City Code (Fee Schedule — Engineering; ROW Permit) is hereby amendment to add the following provisions: ROW permit; Title 8, chapter 6� Excavation fee $200.00 +cost incurred Obstruction fee j $2.50/ft. or 2 000.00 whichever is less Obstruction escrow 5 000 or 2.50/ft. whichever is 1 Small wireless facilityF I "F-;� Management fee 1 200.00 Annual lease fee for use of City 150.00 structure [71 Annual collocation maintenance fee 25.00 Electrical service fee Cost incurred. Section 2. Title 8, Chapter 6 of the City Code (public rights-of-way management) is hereby amended to include the following provisions with subsequent sections renumbered accordingly: 8-6-2: ELECTION TO MANAGE PUBLIC RIGHTS-OF-WAY: Pursuant to the authority granted to the city under state and federal statutory, administrative and common law. the city 1 hereby elects pursuant to Minnesota statutes 237.163 subdivision 2(b), to manage rights of way within its jurisdiction. All -right -of way users, including the city, are subject to the provisions in this chapter. The city is exempt from the obligation of paving for permits or other fees imposed by this chapter. This chapter shall be interpreted consistently with the 1997 session laws. chapter 123 and 2017 session laws. chapter 94, substantially codified in Minnesota statutes sections 237 16. 237.162, 237.163, 237.79. 237.81 and 238.086 (the "act"), Minnesota statutes chapter 216D and other laws governing applicable rights of the city and users of the right of way. This chapter shall also be interpreted consistent with Minnesota rules 7819.0050 7819.9950 and Minnesota rules chapter 7560 where possible. To the extent any provisions of this chapter cannot be interpreted consistently with Minnesota rules, that interpretation most consistent with the act and other applicable statutory and case law is intended. Section 3. Section 8-6-3 of the City Code (Public Rights -of -Way Management - Definitions) is hereby amended to revise the following definitions: MANAGEMENT COSTS: The actual costs incurred by the city for managing its public rights-of- way, 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; maintaining, supporting, protecting, or moving user facilities during right of way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed, including turf, sidewalks, trails and pavement, after providing notice and the opportunity to correct the work; revoking right of way or small wireless facility permits; and creating and updating mapping systems. Management costs do not include payment by a telecommunications right of way user for the use of the right of way,—; unreasonable fees of a third -party contractor used by the city as part of managing public right-of-way, including but not limited to any third -party contractor fee tied to or based upon customer counts, access lines. revenue generated by the telecommunications right of way user, or revenue generated for the citvor the fees and cost of litigation relating to the interpretation of Minnesota session laws 2017, chapter 94. Minnesota session laws 1997, chapter 123; Minnesota statutes section 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to section 8-6-22 of this chapter, RIGHT-OF-WAY PERMIT: Eith��he, 4 e -An excavation permit-er4he, obstruction permit, Gr beth, depending on the GOntext or a small wireless facility permit. required by this chapter. TELECOMMUNICATION RIGHT OF WAY USER: A person owning or controlling a facility in the right of way, or seeking to own or control the same, which is used or is intended to be used for providing wireless service or transporting telecommunication or other video, voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minnesota statutes chapter 238, and telecommunications activities related to providing natural gas or electric energy services, whether provided by a public utility as defined in Minnesota statutes section 2166.02, a municipality, a municipal gas or power agency organized under Minnesota statutes chapters 453 and 453A, or a cooperative electric association organized under Minnesota statutes chapter 308A, are not telecommunications right of way users for purposes of this chapter, except to the extent these entities are offering wireless services. 2 Section 4. Section 8-6-3 of the City Code (Public Rights -of -Way Management - Definitions) is hereby amended to add the following definitions: 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 the city. MICRO WIRELESS FACILITY: A small wireless facility that is no larger than 24 inches Iona. 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. PUBLIC RIGHT OF WAY OR RIGHT OF WAY: The surface. airspace above the surface and the area below the surface of any public street highway, lane, path. alley. sidewalk, trail avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway. waterway. dock, bulkhead, wharf, pier, easement_ or similar property or waters within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city for general public use. including, but not limited to, any riparian right, which. consistent with the purposes for which it was created, obtained or dedicated, may used for the purpose of installing, operating and maintaining utility service facilities. No reference herein to a "public right of way" or "right of way" shall be deemed to be a representation or guarantee by the city that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service facilities. PUBLIC RIGHT-OF-WAY USER: A. A telecommunications right-of-way user as defined by Minnesota statutes section 237.162 subdivision 4' or B. A person or entity owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the right-of-way. SMALL WIRELESS FACILITY: (1) A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) 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 (6) 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 transfer 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 twenty eight (28) cubic feet in volume: or (2) a micro wireless facility. SMALL WIRELESS FACILITY PERMIT: The permit issued by the city authorizing the permittee to collocate a small wireless facilitv or install and maintain a wireless support structure. SMALL WIRELESS FACILITY PERMIT FEE: Money paid to the city by the permittee to cover the costs as provided in section 8-6-7 of this chapter. UTILITY POLE: A pole that is used in whole or in part to facilitate telecommunications or electric service. WIRELESS FACILITY: Equipment at a fixed location that enables the provision of wireless services between user 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: 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 wav 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 5. Section 8-6-3 of the City Code (Public Rights -of -Way Management - Definitions) is hereby amended to repeal the following definition: Section 6. Section 8-6-5.A of the City Code (Public Rights -of -Way Management — Registration Requirements) is hereby amended to read as follows: A. Registration Required: Each person who occupies, uses, or seeks to occupy or use, the right-of-way for purposes of placing, maintaining or repairing any equipment or facilities or small wMa Section 6. Section 8-6-5.A of the City Code (Public Rights -of -Way Management — Registration Requirements) is hereby amended to read as follows: A. Registration Required: Each person who occupies, uses, or seeks to occupy or use, the right-of-way for purposes of placing, maintaining or repairing any equipment or facilities or small wireless facilities or wireless support structures in the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. 2. No person may construct, install, repair, remove, relocate, collocate. or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the Director. Section 7. Section 8-6-7.A of the City Code (Public Rights -of -Way Management — Permit Requirements) is hereby amended to read as follows: A. Permits Required: Except as otherwise provided in this Code, no person may ebstruGt G era+� excavate. place a utility service, install or place facilities, or obstruct any right- of-way without first having obtained the appropriate right-of-way permit from the Director to do so. 1. Excavation Permit: An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. 2. Obstruction Permit: An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the 'duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. 3. Small Wireless Facility Permit: A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right of way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Section 8. Section 8-6-7 of the City Code (Public Rights -of -Way Management — Permit Requirements) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Small Wireless Facility Permit Applications: 1 Deadline for Action' The City shall approve or deny a small wireless facility permit application within ninety (90) days after receiving a complete application. The small wireless facility permit, and any associated encroachment or buildina permit shall be deemed approved if the city fails to approve or deny the 5 application within the review periods established in this section. 2. Consolidated Applications: a An applicant may file a consolidated small wireless facility permi application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed by the city, provided that all small wireless facilities in an application: (1) are located within a two (2) mile radius: (2) consist of substantially similar equipment: and (3) are to be placed on similar types of wireless support structures. b. In rendering a decision on a consolidated permit application. the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. 3. Tolling of Deadline for Action: The ninety (90) day deadline for action may be tolled if: a. The citv receives applications_ within a sinale seven-day period from one or more applicants seeking approval of permits for more than thirty (30) small wireless facilities. In such case, the -city -may extend the ninety (90) day deadline for all such applications by an additional 30 days by informing the affected applicants in writing of such extension. b. The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within thirty (30) business days of receipt of the application clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the city's determination 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. Upon applicant's submittal of additional information in response to a notice of incompleteness. the city has ten (10) days to 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 delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the ninety (90) day deadline for action. C. The city and applicant may agree in writing to toll the review period. Section 9. Section 8-6-7.D of the City Code (Public Rights -of -Way Management — Issuance of Permit; Conditions) is hereby amended to read as follows: D. Issuance Of Permit; Conditions: 1. If the applicant has satisfied the requirements of this chapter, the Director shall issue a permit. 2. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current and future use. a. Installation. placement, location and relocation of facilities shall com with all federal, state and local laws. b Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this section and all other applicable federal, state and local laws. C. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions. d Proiect operations and work shall be conducted in a manner so as to ensure the least obstruction to and interference with present and continued use of the right-of-way. e Precautions shall be taken to assure the safety of the generalpublic. employees, invitees and those who require access to abutting property. including appropriate signage. f. The permittee shall notify abutting property owners with a forty eight (48) hour written notice prior to commencement of any permitted project. 9. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. h The permittee shall comply with the "Minnesota Manual On Uniform Traffic Control Devices" (MMUTCD) at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. i. The permittee shall comply with all conditions of the permit. 7 i. When any trail, sidewalk or driveway has been cut, city approved sianaae must be kept in place and maintained until restoration is complete. k. The permittee shall provide proper trench protection as required by OSHA to prevent any cave in: injury to property or persons: or enlaraement of the excavation. I Excavations, trenches and jacking pits off the roadway surface area or adiacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and iacking pits shall be secured and protected to prevent surface drainage and access by unauthorized persons. M. The permittee shall protect the root growth of trees and shrubbery located within the right of way and adjacent thereto. n The permittee shall coordinate project work and installation of facilities in collocations involving other right of way users. o. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. P. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota licensed surveyor, any property corners or monuments disturbed as a result of the groiect. g. The permittee shall complete restoration of the right of way in conformance with this section. r. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces. S. The permittee shall remove daily, or as required by the city, all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. t The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and comply with all requirements of local, state and federal laws. U. The permittee shall not do any work outside the project area as specified in the permit. V. The permittee shall conduct a public informational meeting for all major projects as deemed necessary by the city. W. In new subdivisions in which public utilities have been constructed, permit applications will not be accepted for review prior to construction plan completion by the subdivider's engineer and the mapping requirements specified in section 8-6-14 of this chapter have been satisfied. Construction plans shall be submitted to the small utility companies by the subdivider. X. Trenchless excavation/directional boring is prohibited more than forty eight inches (48") below grade unless the city engineer finds as built record drawings indicate that there are no existing utilities in the vicinity that could be impacted. 3. Small Wireless Facility Conditions: a. In addition to section 8-6-7.D.2 of this section the erection or installation of a wireless support structure, the collocation of a small wireless facility. or other installation of a small wireless facility in the right of way. shall be subject to the following conditions: 1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right of way shall exceed fifty (50) feet above around level in height without the city's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right of way and its current use, and further provided that a wireless support structure that replaces an existing wireless support structure in the public right of way that is greater than fifty (50) feet above around level in height may be placed at the height of the existing wireless support structure, subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility constructed in the right of way after EFFECTIVE DATE may extend more than ten(10) feet above_ a wireless support structure existing on EFFECTIVE DATE. (4) Where an applicant proposes to install a new wireless support structure in the right-of-way, the new wireless support structure shall not be located within (600) feet of any existing wireless support structure in and around the right-of-way. 5) Wireless support structures: a) All new wireless support structures shall be of a monopole design not exceeding eighteen (18) inches in diameter. (b) All replacement wireless support structure and equipment shall match the surrounding poles in structure design. materials and color. (6) All of a small wireless facility that is affixed to a wireless support structure shall be the same or similar color of the wireless support (6) structure as practical. All electric, telephone, cable, fiber, or other utility lines necessary to operate a small wireless facility shall be installed within the applicable wireless support structure where practical and shall not be coiled or rolled up and externally attached to the wireless (7) support structure or equipment boxes. Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance (8) or intended purpose of such structure. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking replacement, or relocation requirements on the replacement of such structure. b. Small Wireless Facility Agreement: 1) A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following set forth in section 3-2-1 of this title: (a) Management costs: (b) Annual rent on the city structure: (c) An annual fee for maintenance associated with the collocation: (d) Costs incurred for electrical service. (2) The standard collocation agreement shall be in addition to. and 10 not in lieu of, the required small wireless facility permit provided. however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the city and applicant. Section 10. Section 8-6-7.E of the City Code (Public Rights -of -Way Management — Denial of Permit) is hereby amended to read as follows: E. Denial Of Permit: 1. The Director may deny a permit for failure to meet the requirements and conditions of this chapter or if the Director determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current and future use, and: a. The city may deny a permit if the utility has failed to comply with previous permit conditions. b. The city may withhold issuance of a permit until conditions of previous permits are complied with. 2. The denial of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant in writing within three (3) business days of the decision to deny a permit. 3. If an application is denied the applicant may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within thirty (30) days after submission Section 11. Section 8-6-7.F.1 of the City Code (Public Rights -of -Way Management — Permit Fees) is hereby amended to read as follows: F. Permit Fees: a. Excavation Permit: The excavation permit fee shall be established in section 3-1- 2 of this Code in an amount sufficient to recover the following costs: (1) The City management costs. (2) Degradation costs, if applicable. b. Obstruction Permit: 11 The obstruction permit fee shall be established by the Diron+nr in Section 3-1-2 of this Code and `h'" be in an amount sufficient to recover the C Y management nn tS as pFeyirded in sontian 3 1 _2 of this Cede.following costs: (1) The City management costs. (2) Degradation costs. if applicable. (3) Use of the limited area within the public right-of-way. (2) In addition to the obstruction permit fee, the applicant shall provide for securities as set forth in section 3-1-2 of this Code in an amount and form determined by the Director to guarantee restoration or repair of the public right-of-way in compliance with this chapter. C. Small Wireless Facility Permit Fee: The city shall impose a small wireless facility permit fee for the placement of small wireless facilities and wireless support structures in the public right of way in an amount sufficient to recover: (1) Management costs: and. (2) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. d. Cost of Initial Enaineerinct Survey and Preparatory Construction Work Associated with Collocation: 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. Section 12. Section 8-6-7.E.2 of the City Code (Public Rights -of -Way Management — Permit Fees) is hereby amended to read as follows: 2. Payment Of Fees: Payment Of Permit Fees: No excavation permit,-er obstruction permit or small wireless facility permit shall be issued without payment of the respective excavation, er obstruction or small wireless facility permit fees. The city may allow the applicant to pay such fees within thirty (30) days of billing. Section 13. Section 11-2-2 of the City Code (Zoning Ordinance - Definitions) is hereby amended to add the following definitions: SMALL WIRELESS FACILITY: 12 A. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) 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(6) cubic feet: and lii) all th oer wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer 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 twenty eight (28) cubic feet in volume: or. B. A micro wireless -fa cility. WIRELESS FACILITY: Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network. including: A. Equipment associated with wireless service: B. A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration: and C. A small 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 adiacent to or directly associated with a specific antenna. WIRELESS SERVICE: Anv service usina licensed or unlicensed wireless spectrum, includin 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 includina a cable service under United States Code. title 47. section 522 clause (6). WIRELESS SUPPORT STRUCTURE: A new or existing structure designed to support or capable of supporting small wireless facilities. WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire from a wireless facilitv to a communications network. Section 14. Section 11-34-4.13 of the City Code (Zoning Ordinance — Antennas) is hereby amended to read as follows: 13 B. Business And Institutional District Standards: Antennas, Other Than Small Wireless, Located Upon A Public Structure: Personal wireless service antennas located upon a public structure shall comply with the following standards: a. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. b. An administrative permit is issued in compliance with the provisions of chapter 8 of this title. 2. Antennas, Other Than Small Wireless Not Located Upon A Public Structure: Personal wireless service antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards: a. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b. The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen feet (16) above the structural height of the structure to which they are attached. C. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole; provided, that: (1) The pole not exceed seventy five feet (75') in height. (2) The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. d. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be 14 situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. e. Unless the antenna is mounted on an existing structure, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure. f. The conditional use permit provisions of chapter 4 of this title are considered and determined to be satisfied. 3 Small wireless facilities and equipment as a permitted use, subject to the following standards: a. A small wireless facility shall only be collocated on the particular wireless b. No new wireless support structure shall exceed fifty (50) feet above ground level in height. C. No wireless facility shall extend more than ten (10) feet above a wireless support structure. d. Where an applicant proposes to install a new wireless support structure the new wireless support structure shall not be located within (600) feet of any existing wireless support structure. e. Wireless support structures: 1) All new wireless support structures shall be of a monopole design not exceeding eighteen (18) inches in diameter. (2) All replacement wireless support structure and equipment shall match the surrounding poles in structure design, materials, and color. (3) All of a small wireless facility that is affixed to a wireless support structure shall be the same or similar color of the wireless support structure as practical. (4) All electric, telephone, cable, fiber, or other utility lines necessary to operate a small wireless facility shall be installed within the applicable wireless support structure where practical and shall no be coiled or rolled up and externally attached to the wireless support structure or equipment boxes. M Section 15. Section 11-34-4.0 of the City Code (Zoning Ordinance — Antennas) is hereby amended to read as follows: C. Industrial District Standards: Antennas Other Than Small Wireless Facilities Located Upon A Public Structure: Personal wireless service antennas located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards: An administrative permit is issued in compliance with the provisions of chapter 8 of this title. 2. Antennas. Other Than Small Wireless Facilities. Not Located Upon A Public Structure: Personal wireless service antennas not located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards: a. The antennas shall be located upon a structure if possible. b. If no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a supporting pole or tower not exceeding one hundred fifty feet (150') in height. Such pole or tower shall be located on a parcel having a dimension equal to the height of the pole or tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances. C. An administrative permit is issued in compliance with the provisions of chapter 8 of this title. 3 Small wireless facilities and equipment as a permitted use, subject to the following standards: a. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. b. No new wireless support structure shall exceed fifty (50) feet above around level in height. C. No wireless facility shall extend more than ten (10) feet above a wireless support structure. d. Where an applicant proposes to install a new wireless support structure the new wireless support structure shall not be located within (600) feet of any existing wireless support structure. 16 e. Wireless support structures: (1) All new wireless support structures shall be of a monopole design not exceeding eighteen (18) inches in diameter. (2) All replacement wireless support structure and equipment shall match the surrounding poles in structure design, materials, and color. (3) All of a small wireless facility that is affixed to a wireless support structure shall be the same or similar color of the wireless support structure as practical. (4) All electric, telephone, cablefiber, or other utility lines necessary, to operate a small wireless facility shall be installed within the applicable wireless support structure where practical and shall not be coiled or rolled up and externally attached to the wireless support structure or equipment boxes. Section 16. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8th day of April, 2019. ATTEST: Tami Loff, City Clerk 17 CITY OF OTSEGO Jessica L. Stockamp, Mayor SUMMARY OF ORDINANCE NO.: 2019-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGULATING SMALL CELL WIRELESS FACILITIES AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 3-1-2.1 of the City Code (Fee Schedule — Engineering; ROW Permit) is hereby amendment to provisions revise provisions related to obstruction permits and establish provisions related to small wireless permits. Section 2. Title 8, Chapter 6 of the City Code (public rights-of-way management) is hereby amended to include the following provision with subsequent sections renumbered accordingly: 8-6-2: ELECTION TO MANAGE PUBLIC RIGHTS-OF-WAY Section 3. Section 8-6-3 of the City Code (Public Rights -of -Way Management - Definitions) is hereby amended to revise the following definitions: MANAGEMENT COSTS RIGHT-OF-WAY PERMIT TELECOMMUNICATION RIGHT OF WAY USER Section 4. Section 8-6-3 of the City Code (Public Rights -of -Way Management - Definitions) is hereby amended to add the following definitions: COLLOCATE OR COLLOCATION MICRO WIRELESS FACILITY PUBLIC RIGHT OF WAY OR RIGHT OF WAY PUBLIC RIGHT-OF-WAY USER SMALL WIRELESS FACILITY SMALL WIRELESS FACILITY PERMIT SMALL WIRELESS FACILITY PERMIT FEE UTILITY POLE WIRELESS FACILITY WIRELINE BACKHAUL FACILITY Section 5. Section 8-6-3 of the City Code (Public Rights -of -Way Management - Definitions) is hereby amended to repeal the following definitions: RIGHT-OF-WAY Section 6. Section 8-6-5.A of the City Code (Public Rights -of -Way Management — Registration Requirements) is hereby amended to require registration for small wireless facilities or wireless support structures. Section 7. Section 8-6-7.A of the City Code (Public Rights -of -Way Management — Permit Requirements) is hereby amended to require a permit for small wireless facilities. Section 8. Section 8-6-7 of the City Code (Public Rights -of -Way Management — Permit Requirements) is hereby amended to add following provisions for small wireless facility permit applications with subsequent sections renumbered accordingly. Section 9. Section 8-6-7.D of the City Code (Public Rights -of -Way Management — Issuance of Permit; Conditions) is hereby amended to add provisions related to issuance of right-of-way permits and small wireless facility permits. Section 10. Section 8-6-7.E of the City Code (Public Rights -of -Way Management — Denial of Permit) is hereby amended to revise the process for denial of a right-of-way permit. Section 11. Section 8-6-7.F.1 of the City Code (Public Rights -of -Way Management — Permit Fees) is hereby amended to revise provisions related to right-of-way permit fees. Section 12. Section 8-6-7.E.2 of the City Code (Public Rights -of -Way Management — Permit Fees) is hereby amended to add payment of fees for a small wireless facility permit. Section 13. Section 11-2-2 of the City Code (Zoning Ordinance - Definitions) is hereby amended to add the following definitions: SMALL WIRELESS FACILITY WIRELESS FACILITY WIRELESS SERVICE WIRELESS SUPPORT STRUCTURE WIRELINE BACKHAUL FACILITY Section 14. Section 11-34-4.13 of the City Code (Zoning Ordinance — Antennas) is hereby amended to allow small wireless facilities within business and institutional districts as a permitted use. Section 15. Section 11-344C of the City Code (Zoning Ordinance — Antennas) is hereby amended to allow small wireless facilities within industrial districts as a permitted use. Section 16. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 8th day of April, 2019. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk at Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.