Ordinance No. 1117 09-28-1998 ORDINANCE NO. 1117
OFFICIAL TITLE AND SUMMARY
I. Title
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205,
ENTITLED "ZONING", BY AMENDING NEW SECTION 205.29, "0 - 5
TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT" TO REGULATE
AUTOMATIC METER READING SYSTEMS BY AMENDING THE THIRD "WHEREAS",
AND BY AMENDING SECTIONS 205.29.01, 205.29.02, 205.29.03,
205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; AND BY
AMENDING SECTION 11.10 FEES.
II. Summary
The City Council of the City of Fridley does hereby ordain as
follows:
That Chapter 205 of the code of ordinances of the City of
Fridley, Minnesota, be, and hereby is amended by amending
section 205.29, "0-5, Telecommunications Towers and Facilities
District." The purpose of the amendment is to permit automatic
meter reading systems as permitted uses in all zoning districts,
subject to the provisions of the "0-5 District" and Chapter 407,
"Right-of-Way Management." The ordinance requires the
submission of certain application materials, compliance with
certain performance standards, and requires payment of certain
fees.
III. Notice
This Title and Summary have been published to clearly inform the
public of the intent and effect of the City of Fridley's Zoning
Ordinance. A copy of the ordinance, in its entirety, is
available for inspection by any person during regular business
hours at the offices of the City Clerk of the City of Fridley,
6431 University Avenue N.E. Fridley, MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 2811'
DAY OF SEPTEMBER, 1998.
N C J JORGENSON - MAYOR
ATTEST•
r
DEBRA A. SKOGEN - CI CLERK
Public Hearing: September 14, 1998
First Reading: September 14, 1998
Second Reading: September 28, 1998
Publication: October 15, 1998
ORDINANCE NO. 1117
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED
"ZONING", BY AMENDING NEW SECTION 205.29, "0 - 5 TELECOMMUNICATIONS
TOWERS AND FACILITIES DISTRICT" TO REGULATE AUTOMATIC METER READING
SYSTEMS BY AMENDING THE THIRD "WHEREAS", AND BY AMENDING SECTIONS
205 .29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19,
205.29.22, 205.29.23; AND BY AMENDING SECTION 11.10 FEES.
WHEREAS, On February 8, 1996, Congress enacted the federal
Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the
telecommunications industry, providing a more competitive environment
for wired and wireless telecommunication services in the United States;
and
WHEREAS, a concomitant effect of increased competition in the market for
wireless telecommunications services is an increased demand for antenna
sites on Towers and other Antenna Support Structures for providing
wireless service via existing and new technologies; and
WHEREAS, the Telecommunications Act of 1996 preserves the authority of
the City to regulate the placement, construction, and modification of
Towers, Antenna Support Structures, Wireless Telecommunications
Facilities, and Automatic Meter Reading Systems, as hereinafter defined,
in order to protect the health, safety, and welfare of the public; and
WHEREAS, the City solicited industry comment regarding the Ordinance in
order to facilitate industry input and suggestions and concerning the
proposed Ordinance and to work through various alternatives and possible
revisions in order to best accommodate the needs of the City and the
industry.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA, AS FOLLOWS:
SECTION 1. That Chapter 205 of the Code of Ordinances of the City of
Fridley, Minnesota, be, and hereby is, amended by enacting a new Section
205.29, to be entitled, numbered and read as follows:
205.29. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT
1. PURPOSE AND INTENT
The general purpose of this Section is to create an overlay zone to
regulate the placement, construction, and modification of Towers and
Wireless Telecommunications Facilities and Automatic Meter Reading
Systems in order to protect the health, safety, and welfare of the
public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications market in the
City.
Specifically, the purposes of this Section are:
A. To protect residential areas and land uses from potential adverse
impact of Towers and Wireless Telecommunications Facilities;
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B. To minimize adverse visual impact of Towers and Wireless
Telecommunications Facilities through careful design, sitting,
landscaping, and innovative camouflaging techniques;
C. To promote and encourage shared use/collocation of Towers and
existing Antenna Support Structures as a primary option rather
than construction of additional single-use Towers in order to
minimize the adverse visual
impact of Towers and Wireless Telecommunications Facilities;
D. To avoid potential damage to property caused by Towers and
Wireless Telecommunications Facilities by ensuring that such
structured are soundly and carefully designed, constructed,
modified, maintained, located, and removed when no longer used or
determined to be structurally unsound;
E. To ensure that Towers and Wireless Telecommunications Facilities
are compatible with surrounding land uses;
F. To facilitate the provision of wireless telecommunications
services to the residents and businesses of the City in a
streamlined, orderly, and efficient fashion;
G. To encourage the location of Towers in industrial and business
districts, rather than residential areas.
H. To enhance the ability of providers of telecommunication services
to provide such service to the community quickly, effectively, and
efficiently.
I. To identify specific sites within the City where Wireless
Telecommunications Facilities may be located.
2. DEFINITIONS
The following words, terms, and phrases, when used in this Section,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicated a different meaning:
"Antenna Support Structure" means any building or other structure other
than a Tower which can be used for location of Wireless
Telecommunications Facilities.
"Applicant" means any Person that applies for a permit for Wireless
telecommunication facilities or Towers.
"Application" means the process by which a Person submits a request to
develop, construct, build, modify, or erect wireless telecommunication
facilities or a Tower upon land within the City. Application includes
all written documentation, verbal statements, and representations,
whatever form or forum, made by an Applicant to the City concerning such
a request.
"Approved Site" means a site which has been approved by the City Council
as an eligible location for placement of wireless communication
facilities.
Page 3 - Ordinance No. 1117
"Automatic Meter Reading Device" means a device which is designed for
collecting, storing, processing, filtering and forwarding utility meter
data within the Public Safety and Utility bandwidth licensed by Federal
Communications Commission, including any antenna attached to such
device.
"Automatic Meter Reading System" means a series of devices which is
designed for collecting, storing, processing, filtering and forwarding
utility meter data within the Public Safety and Utility bandwidth
licensed by Federal Communications Commission, including any antenna
attached to such device.
"City" means the City of Fridley, Minnesota.
"Electrical Engineer" means an Electrical Engineer licensed by the State
of Minnesota.
"Existing Site" means a Tower or Antenna Support Structure for which a
permit has not been issued prior to the Effective Date, and which is not
located on an Approved Site.
"Owner" means any Person with fee simple title to any Approved Site,
Existing Site, site approved by special use permit, or Wireless
Telecommunications Facility.
"Pad Mount Device" means a device which is designed for collecting,
storing, processing, filtering and forwarding utility meter data within
the Public Safety and Utility bandwidth licensed by Federal
Communications Commission, including any antenna attached to such
device, like the Automatic Meter Reading Device, but , which is
installed on its own pedestal and not on an existing public utility
structure.
"Person" is any natural person, firm, partnership, association,
corporation, company, or other legal entity, private or public, whether
for profit or not for profit.
"Pubic Utility Structure" means a structure or pole appropriate for
supporting wires for communications or the transmission of data or
electricity and located on a public right-of-way or public utility
easement or privately owned property.
"Satellite Earth Station Antenna" is all equipment necessary for
processing of traffic received from terrestrial distributions prior to
transmission via satellite and of traffic received from the satellite
prior to transfer of channels of communication to terrestrial
distribution systems.
"State" means the State of Minnesota.
"Structural Engineer" means a structural engineer licensed by the State
of Minnesota.
"Tower" means a self-supporting lattice, guyed, or monopole structure
constructed from grade which supports Wireless Telecommunications
Facilities. The term Tower shall not include amateur radio operator' s
equipment, as licensed by the FCC.
Page 4 - Ordinance No. 1117
"Wireless Telecommunications Facilities" means any cables, wires, lines,
wave guides, antennas, and any other equipment or facilities associated
with the transmission or reception of communications (other than radio
or television broadcast communications) which a person seeks to locate
or have installed upon or near a Tower or Telecommunications Facilities
shall not include:
A. Any satellite earth station antenna two meters in diameter or less
which is located in an area zoned industrial or commercial; and
B. Any satellite earth station reception antenna one meter or less in
diameter, regardless of zoning category; and
C. Automatic Meter Reading Systems.
3. NON-CONFORMING USES
A. Existing Sites shall be considered a legal non-conforming use,
unless otherwise provided for in this Chapter.
B. Installation of additional Wireless Telecommunications Facilities
beyond those in existence on the Effective Date of this Ordinance
on Existing Sites is prohibited. Failure to comply with this
provision will be considered a violation of this Chapter and
subject to the penalties described herein. Routine maintenance of
Wireless Telecommunications Facilities on existing Sites is
permitted, except that Existing Sites and any Wireless
Telecommunications Facilities installed on Existing Sites may not
increase in size, height, weight, or otherwise result in an
increase in the intensity of the non-conforming use.
C. If any Wireless Telecommunications Facilities in an Existing Site
are abandoned for a period of one year, such Existing Site shall
loss its legal nonconforming status and shall be considered
illegal nonconforming use. The abandoned Wireless
Telecommunications Facilities shall not be reestablished on the
site, and must be removed within twelve (12) months of cessation
of operations. If not removed, the City may remove the facility
and assess the costs of removal against the Owner (s) .
4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A Telecommunications Towers and Facilities District, 0-5, is created
and shall apply to all land within the City subject to the provisions
and use requirements contained in this Section.
5. USES PERMITTED
A. The construction of Towers and the installation, operation, and
maintenance of Wireless Telecommunications Facilities shall be
permitted use in the Approved Sites identified on Appendix A to
this Ordinance, subject to the provisions of this Chapter.
Additional Approved Sites may be approved by the City Council,
subject to the amendment procedures set forth in Section 205.05.03
of the City code, and the requirements of this section.
Page 5 - Ordinance No. 1117
B. All principal, special use, and accessory uses allowed in each
underlying primary zoning district are permitted in the
Telecommunications Towers and Facilities District, except that no
Towers shall be constructed, and no Wireless Telecommunications
Facilities shall be placed on Towers or Antenna Support
Structures, except as provided for in this Chapter.
C. Special Uses. The construction of Towers and the installation,
operation, and maintenance of Wireless Telecommunications
Facilities shall be a special use in Zoning Districts M-1, M-2, M-
3, and M-4, and any abutting railroad rights-of-way, subject to
the special use approval procedures set forth in Section 205.05.04
of the Code.
D. Automatic Meter Reading Devices may be allowed on public utility
structures as a principal use in all zoning districts, subject to
the provisions of this Ordinance and Chapter 407, "Right-of-Way
Management." In addition, all Automatic Meter Reading Systems
must meet the following performance standards:
(1) All Automatic Meter Reading Devices located in the public right-
of-way, must obtain a Automatic Meter Reading Device permit and
pay the appropriate registration fee, as provided for in Chapter
407.
(2) Mapping information for the site (s) must be provided with the
Automatic Meter Reading Device permit application in a format
compatible to be utilized by the City of Fridley' s Geographic
Information System (GIS) .
(3) All Automatic Meter Reading Device (s) must be located no higher
than the top and no closer to grade than fifteen feet of a
public utility structure.
(4) Automatic Meter Reading Devices not installed on a public
utility structures will be considered as pad mount design. Its
location shall be subject to review and approval of the City
prior to permit application.
(5)All Automatic Meter Reading Devices must be the same color as
the public utility structure on which they are located or as
approved by City Staff.
6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
Additional Approved Sites, other than those provided in Appendix A to
this Ordinance, shall be approved by the City Council according to the
amendment procedures of Section 205. 05. 03 of the City code. The
criteria used to determine whether a site shall be designated as an
Approved Site shall include, but not be limited to, the following
requirements:
A. Whether the proposed new site is capable of being developed to
support more than two operating Wireless Telecommunications
Facilities comparable to the others in weight, size, and surface
area.
B. Whether the proposed new site poses a risk of explosion, fire, or
other danger due to its proximity to volatile, flammable,
explosive, or hazardous materials such as LP gas, propane,
Page 6 - Ordinance No. 1117
gasoline, natural gas, or corrosive or other dangerous chemicals;
and
C. Whether the proposed new site is necessary and that useable
Approved Sites are not located within a one-half (1/2) mile radius
of the proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed
new site could comply with the setback requirements of the
underlying zoning district; and
E. Whether all foreseeable telecommunications uses of the proposed
site could comply with any separation and buffer requirements of
the underlying zoning district;
F. Whether the proposed site is accessible for service vehicles;
G. If applicable, whether the proposed site has been designed and
certified by an Structural Engineer to be structurally sound and,
at minimum, in conformance with the Building and Electric Codes
adopted by the City, the National Electric Safety code, and any
other standards and requirements outlined in this Section.
H. If applicable, whether the Approved site complies with all
applicable Federal Aviation Administration lighting and painting
regulations.
I. Whether the proposed site will further the City' s objective that
all Towers, Antenna Support Structures, and Wireless
Telecommunications Facilities be designed to blend into the
surrounding environment.
J. Whether the proposed site has adequate open space to allow
Wireless Telecommunications Facilities to be installed without
detrimentally impacting landscape, displacing parking, or impeding
sight lines of a current or future principle use.
K. Whether the proposed site adequately contributed to the City' s
overall effort to adequately meet the needs of the wireless
telecommunications industry.
L. Whether the proposed site has amenities such as trees that will
allow screening and sight line relief. If no, whether the
combination of site size and other site features help to provide
sight line relief.
M. Whether there are other structures near the proposed site that can
serve as visual distractions such as high power transmission
structures, highway shoring, billboards.
N. Whether there are existing buildings or natural topographic
features that meet the height requirements of Wireless
Telecommunications Facilities without a tower structure, or which
allow for a lower overall height of any necessary Tower.
O. Whether there is adequate space on the proposed site so that the
base of any necessary Tower can accommodate essential equipment.
Page 7 - Ordinance No. 1117
P. Whether the proposed site is outside of any underlying residential
zoning districts.
Q. Whether housed equipment can be placed on top or on the side of a
structure that currently existing in the proposed site.
7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE CITY
A. All persons seeking to install, operate and maintain Towers or
Wireless Telecommunications Facilities in Approved Sites in the
City must file an Application with the City which shall include:
(1) The name, address, and telephone number of the Applicant; and
(2) Written, technical evidence from a qualified and licensed
Structural Engineer that the proposed Tower or antenna
support structure is capable of supporting the equipment
necessary to install, operate, and maintain the proposed
antenna. The engineer shall also certify the capability of
the Tower in view of existing or other proposed antenna
installations. The engineer shall also assess and state the
design safety margin of the entire antenna support system.
The engineer shall state that within the limits of
engineering certainty, if the structure should fall or
collapse for any reason or due to any event, the structure
will be completely contained within the area identified; and
(3) If proposed on a City-owned site, a completed application
form for lease approval as provided by the City; and
(4) A report from a qualified and licensed professional engineer
which described the height and design of the proposed
Wireless Telecommunications Facility including a cross-
section and elevation; and
(5) Site plan drawn at an engineering scale showing the location
of the Wireless Telecommunications Facility in relation to
surrounding structures; and;
(6) If located on a water tower, a written report addressing the
requirements contained herein for water towers; and
(7) Foundation, cross-section, and building plans for
installation of the Wireless Telecommunications Facility; and
(8) An Application fee as required by Chapter 11; and
(9) The Application shall also contain an affirmative statement
indicating that the Applicant agrees to comply with the
provisions in Section 205.23. regarding abandonment; and
(10) No new or existing wireless telecommunications service will
interfere with public safety telecommunications. Before the
introduction of new service or before implementing any change
in existing service, all wireless telecommunications service
Page 8 - Ordinance No. 1117
providers shall notify the City at least ten (10) calendar
days in advance of such changes and allow the City to monitor
interference levels during the testing process; and
(11) Application for a building permit from the City pursuant to
Chapter 206 of the Code; and
(12) A statement as to whether the proposed development of
Approved Site is capable of being developed to support more
than two operating Wireless Telecommunications Facilities
comparable to the others in weight, size, and surface area;
and
(13) Written, technical evidence from an independent consulting
engineer licensed to practice geological engineering in the
State of Minnesota confirming that the soil at the location
of the Tower or Wireless Telecommunication Facility is
capable of supporting the proposed antenna arrays, equipment,
and personnel performing typical work functions; and
(14) A landscaping plan showing location of materials, height at
planting, types of materials, and installation practices.
B. All information submitted with an Application that is trade secret
information or is for other reasons proprietary shall be clearly
marked as such when submitted with an Application. The City shall
not disclose publicly, or to any third party, proprietary
information unless compelled to do so by federal, state, or local
law.
C. All persons seeking to install, operate, and maintain Towers or
Wireless Telecommunications Facilities in M-1, M-2, M-3, or M-4
Zoning Districts as a special use permit shall submit the
information required in 205.28.07.A, except items (3) and (11) .
7.5 APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE CITY
A. All persons seeking to install, operate and maintain Automatic
Meter Reading Systems in the City must file an application with
the City, which shall include:
(1) The name, address and telephone number of the applicant and
property owner; and
(2) Written, technical evidence from a qualified Structural
Engineer that the integrity of the structure on which a
proposed Automatic Meter Reading Device (s) will be attached
and the attachment device itself will not jeopardize the
structural integrity of the public utility structure; and
(3) A location plan matching the public utility structure
identification (address) and the appropriate Automatic Meter
Reading Device; and
(4) An individual Automatic Meter Reading Device permit fee as
required by Chapter 11; and
Page 9 - Ordinance No. 1117
(5) The application shall contain an affirmative statement
indicating that the applicant agrees to comply with the
provisions in Section 1112.23. regarding abandonment; and
(6) No Automatic Meter Reading System will interfere with public
safety telecommunications. Before the introduction of new
service or before implementing any change in existing
service, all Automatic Meter Reading System operators shall
notify the City at least ten calendar days in advance of such
changes and allow the City to monitor interference levels
during the testing process.
B. All information submitted with an application that is trade secret
information or is for other reasons proprietary shall be clearly
marked as such when submitted with an application. The City shall
not disclose publicly, or to any third party, proprietary
information unless compelled to do so by federal, state or local
law.
8. APPLICATION PROCESS
A. Upon submission of an Application on an Approved Site, the City
shall notify the Applicant in writing to confirm if the
Application is complete addressing all of the requirements as
required by this Section. If the Application is incomplete, the
letter will specify what information is missing and the Applicant
must then submit a new Application. If an Application is
submitted on an Approved Site which is owned by the City, a lease
agreement must be approved by the City Council. The City shall
comply with the time deadlines for agency action as dictated in
Minnesota State Statutes. Construction or installation on
Approved Sites may begin upon approval of the lease agreement, if
necessary, and issuance of a building permit.
B. If a Tower or Wireless Telecommunications Facility is approved by
a special use permit, the Applicant must also apply for and
receive a building permit.
9. TOWER HEIGHT
Tower height shall be measured from the average adjoining grade to the
highest point of construction of any Tower or Wireless
Telecommunications Facilities. Towers are exempt from the maximum
height restrictions of the districts where located. Towers shall be
permitted to a height of one hundred twenty-five (125) feet.
10. STEALTH DESIGN AND EXTERIOR FINISHES
All Approved Sites, Towers, and Wireless Telecommunications Facilities
shall be designed to blend into the surrounding environment. Monopoles
with antenna arrays shall be finished so as to be compatible with other
buildings or structures in the area, and shall be finished with a non-
corrosive material. Wireless Telecommunications Facilities placed on
water towers shall be finished with a non-corrosive material to match
the color of the water tower.
Page 10 - Ordinance No. 1117
11. ILLUMINATION
Towers shall be artificially illuminated except as required by the
Federal Aviation Administration ("FAA") . Upon commencement of
construction of a Tower, in cases where there are residential uses
located within a distance of three hundred (300) feet from the Tower,
and when required by federal law, dual mode lighting shall be requested
from the FAA.
12. LANDSCAPING AND SCREENING
All sites shall include appropriate landscaping as required herein and
shall comply with all landscaping requirements of the underlying zoning
district. Accessory above-ground equipment must utilize existing
buildings or structures, if possible. If no existing structures are
available, the Owner of the Wireless Telecommunications Facilities may
construct such a structure. At minimum, all ground equipment shall be
fully screened from public rights-of-way or residential property by
existing structures, a brick decorative wall, or a solid one hundred
percent opaque vegetative enclosure, six feet in height at planting.
13. SECURITY
All towers must be reasonably posted and secured to protect against
trespass. Chain link fences may be used to protect Towers and Wireless
Telecommunications Facilities. Barbed or razor wire is prohibited. All
facilities shall be designed to discourage unauthorized climbing on the
structure.
14 . INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY
Installation of Wireless Telecommunication Facilities on water towers
will be permitted when the City is fully satisfied that the following
requirements are met.
A. The Wireless Telecommunications Facility will not increase the
risks of contamination to the City' s water supply.
B. There is sufficient room on the structure and/or in the grounds to
accommodate the Wireless Telecommunication facility.
C. The presence of the Wireless Telecommunication Facility will not
increase the water tower or reservoir maintenance costs to the
City.
D. The presence of the Wireless Communication Facility will not be
harmful to the health of workers maintaining the water tower or
reservoir.
E. All state and federal regulations pertaining to non-ionizing
radiation and other health hazards has been satisfied.
15. BUILDING PERMIT REQUIRED
A building permit is required for installation of any Tower or Wireless
Telecommunications Facility. Tfie completed installation, including all
associated buildings, shall comply with all applicable building codes
Page 11 - Ordinance No. 1117
including but not limited to N. F.P.A. 70 National Electrical Code, EIA
222 Structural Standards for Steel Antenna Towers, and others as may be
determined by the Building Official.
16. SETBACKS
The tower or wireless Telecommunications Facility shall be located in
rear or side yard areas and shall be set back at least ten (10) feet
from side or rear lot lines.
17. SIGNS
Warning or equipment information signs are the only permitted signage
associated with the Tower or Wireless Telecommunications Facility.
18. CERTIFICATIONS AND INSPECTIONS
A. All Towers and Wireless Telecommunications Facilities shall be
periodically reviewed by the City to be structurally sound and in
conformance with the requirements of the City building code, this
Chapter, any conditions of approval placed on a special use permit
and all other construction standards set forth by the City' s Code,
and federal, state, and local law. Existing Sites may be
inspected for compliance with this Section at any time if the City
believes there are questions regarding compliance with the City
building code, this Section, any conditions of approval placed on
a special use permit, all other construction standards set forth
in the City' s Code, and all other federal, state, and local laws.
B. The City and its agents shall have authority to enter onto any
Approved Site, Existing Site, or site approved by special use
permit between the inspections and certifications required above,
to inspect the site for the purpose of determining whether the
Sites comply with the City' s Building and Electric Codes, the
National Electric Safety Code and all other construction standards
provided by the City' s Code and federal and State law.
C. The City reserves the right to conduct such inspections at any
time, upon reasonable notice to the Owner (s) . All expenses
related to such inspections by the City shall be borne by the site
Owner(s)
19. MAINTENANCE
A. Ordinary and reasonable care of Towers, Wireless
Telecommunications Facilities and Automatic Meter Reading
Systems/Devices shall be employed at all times. All Towers,
Wireless Telecommunications Facilities and Automatic Meter Reading
Systems shall at all times be kept and maintained in good
condition, order, and repair so that the same shall not menace or
endanger the life or property of any person.
B. Owners shall install and maintain Towers, Wireless
Telecommunications Facilities and Automatic Meter Reading
Systems/Devices in substantial compliance with the requirements of
the National Electric Safety Code and all FCC, State and local
Page 12 - Ordinance No. 1117
regulations, and in such manner that will not interfere with the
use of other property.
C. All maintenance or construction on Towers, Wireless
Telecommunications Facilities or Automatic Meter Reading
Systems/Devices shall be performed by qualified maintenance and
construction personnel.
D. All owners of Wireless Telecommunications Facilities and Automatic
Meter Reading Systems/Device shall maintain compliance with
current radio frequency emission standards of the FCC. In order
to provide information to its citizens, copies of all FCC
information concerning Wireless Telecommunications Facilities and
Automatic Meter Reading Systems/Device shall be made available to
the City and updated annually.
E. In the event the use of a Tower, or a public utility structure, or
a Wireless Telecommunications Facility or a Automatic Meter
Reading System/Device is discontinued by the owner of the Wireless
Telecommunications Facility or Automatic Meter Reading System, or
in the event an owner files notice to the FCC of its interest to
cease operating the owner shall provide written notice to the City
of its intent to discontinue use and the date when the use shall
be discontinued.
20. PRIORITY FOR USE
Priority for use of the installation, maintenance and operation of
Towers and Wireless Telecommunications Facilities will be given to the
following entities in descending order:
A. City of Fridley.
B. Public safety agencies, including law enforcement, fire, and
ambulance services, which are not part of the City of Fridley and
private entities with a public safety agreement with the City of
Fridley.
C. Other governmental agencies, for uses which are not related to
public safety.
D. Entities providing licenses commercial wireless telecommunication
services including cellular, personal communication services
(PCS) , specialized mobilized radio (SMR) , enhanced specialized
mobile radio (ESMR) , paging, and similar services that are
marketed to the general public.
21. CO-LOCATION
Towers shall be designed to support more than two Wireless
Telecommunication Facilities.
22. FEES
The applicant shall pay the fees requested by Chapter 11 for processing
a request to install, operate, and maintain a Tower, public utility
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structure, pad mount device, or a Wireless Telecommunications Facility
or a Automatic Meter Reading System and/or Devices in the City. If
deemed as necessary due to the nature of the application, the applicant
shall also be require to reimburse the City for its cost to retain a
consultant to review the requested application.
23. ABANDONMENT
If any site for which approval to install, maintain, and operate a
Tower, or a public utility structure, or Wireless Telecommunications
Facilities or Automatic Meter Reading Systems has been granted by the
City shall cease to be used for a period of 365 consecutive days, the
City shall notify the Wireless Telecommunications Facility operator,
Automatic Meter Reading Device Operator and the owner of the property,
that said site has been deemed abandoned. Upon a finding of abandonment
by the City, the Tower, or a public utility structure, or Wireless
Telecommunications Facilities or Automatic Meter Reading Systems that
have been abandoned must be removed or an annual user fee shall be paid
to the City. If it is determined that the abandoned Tower, or public
utility structure or Wireless Telecommunications Facility or Automatic
Meter Reading System cannot be removed in a reasonable time period by
the owner, the City shall assess all costs related to the removal to the
owner (s) .
24. SEVERABILITY
If any clause, section, or other part of this Ordinance shall be held
invalid or unconstitutional by any court of competent jurisdiction, the
remainder of this Ordinance shall not be affected thereby, but shall
remain in full force and effect.
25. VIOLATION
Any person who shall violate any of the provisions of this Section shall
be guilty of a misdemeanor and subject to the provisions of Chapter 901
of the Fridley City Code.
11.10 FEES
License and permit fees shall be as follows:
CODE SUBJECT FEE
205.29 Review request to add an $500
Approved Site
Special Use Permit for Towers $400
and Wireless Telecommunications
Facilities
Review an Approved Site $400
Application
Consultant expertise to review Applicant to fully
Tower and Wireless reimburse costs
Telecommunications Facilities
Page 14 - Ordinance No. 1117
Building permit As required by
Uniform Building Code
Inspection of sites As required by
Uniform Building Code
Individual Automatic Meter $25 per facility
Reading System Permit
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28th DAY OF SEPTEMBER, 1998.
1/)/
, - ,
1\11C J/ JIB`•GENSON - MAYOR
ATTEST:PDE RA SKOGEN - CIT CLERK
Public Hearing: September 14, 1998
First Reading: September 14, 1998
Second Reading: September 28, 1998
Publication: October 15, 1998
III