ORD 19-07ORDINANCE 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
1
Excavation fee $200.00 + cost
incurred
Obstruction fee $2.50/ft. or
i
2 000.00
whichever is
less
Obstruction escrow 5 000 or
j 2.50/ft.
j whichever is
greater
------- [711
Small wireless facility
1 7
Management fee it 200.00
j Annual lease fee for use of City ! I 150.00
structure I
Annual collocation maintenance fee 525.00
�F
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
city, or 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: Qthe4:4 -An excavation permit-4r4he} obstruction permit, er beth,
depending en 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 serviceor 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,, whetheF 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 onunder, 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 long. 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 be 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 way
designed to support or capable of supporting small wireless facilities, as reasonably determined
by the city.
WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire
from a wireless facility to a communications network.
Section 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:
1. 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
Mir NM U-1-M-7:31IMM
WOOMM-
- r
-
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:
1. 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 e s#Fust-sr
era+ze- 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 regmft 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 building
permit shall be deemed approved if the city fails to approve or deny the
application within the review periods established in this section.
2. Consolidated Applications:
a. An applicant may file a consolidated small wireless facility permit
application addressing the proposed collocation of up to fifteen (15) small
wireless facilities. ora 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 l90)
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 Project 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 general public.
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.
g. 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
niaht.
i. The permittee shall comply with all conditions of the permit.
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i. When any trail, sidewalk or driveway has been cut, city approved signaae
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 enlargement of
the excavation.
I Excavations, trenches and jacking pits off the roadway surface area or
adjacent to the roadway or curbing shall be sheathed and braced. When
unattended all excavations, trenches and jacking pits shall be secured
and protected to prevent surface drainage and access by unauthorized
erg
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 project.
a 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.
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'senaineer and the mappina 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
subiect 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 wirelesssupport structure in the public
right of way that is greater than fifty (50) feet above ground level in
height may be placed at the height of the existing wireless support
structure, subiect 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 eguipment
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
structure as practical.
6) All electric, telephone, cable. fiber._ or other utility lines necessar
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.
7) 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.
or intended purpose of such structure.
(8) 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:
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The obstruction permit fee shall be established by +,� the Di ester in Section
3-1-2 of this Code and shall be in an amount sufficient to recover the G4
management GGGtGe `. a nreyided in SeGtinn 1-2 of this Gede.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 enaineerina, make-ready, and construction costs associated with
collocation of small wireless facilities.
d. Cost of Initial Enaineerina Survev 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,. -sr obstruction
permit or small wireless facility permit shall be issued without payment of the
respective excavation, of 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:
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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 AQ 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.
B. A micro wireless facility.
WIRELESS FACILITY: Eauipment 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 eauipment reaardless of technoloaical confiauration: 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 adjacent 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 facility 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:
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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 (15') above the structural height of
the structure to which they are attached.
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.
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
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
round 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 desian
not exceeding eighteen (18) inches in diameter.
(2) All replacement wireless support structure and equipment shall
match the surrounding poles in structure desian, 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 not
be coiled or rolled up and externally attached to the wireless
support structure or equipment boxes.
15
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
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.
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, cable, fiber, or other utility lines necessar
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: Darkenwald
SECOND BY: Goede
ALL IN FAVOR: Stockamp, Darkenwald, Tanner, Goede
THOSE OPPOSED: None
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
BY: Gklj4y4 4�13tcct�
Jes ica 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:
:7[ e3: 19 M]WWIVA
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 11-34-4.0 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: Darkenwald
SECOND BY: Goede
ALL IN FAVOR: Stockamp, Darkenwald, Tanner, Goede
THOSE OPPOSED: None
0)
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.