Ordinance No. 1350 12-18-2017
ORDINANCE NO. 1350S
AN ORDINANCE AMENDING CHAPTER 205.30 O-5, TELECOMMUNICATIONS
TOWERS AND FACILITIES DISTRICT TO ADD LANGUAGE TO ACCOMMODATE
RECENT LEGISLATIVE CHANGES RELATED TO SMALL WIRELESS
INSTALLATIONS IN THE RIGHT OF WAY
I. Title
An ordinance that amends Sections 205.30 of the Fridley City Code for the purpose of adding
language to the code to accommodate recent legislative changes related to small wireless
installations in the right of way.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Ch. 205.30 O-5, Telecommunications Towers and Facilities District is hereby amended to
add language to the code that universally defines small wireless facilities and related definitions
created by the legislation. It’s amended to require a special use permit for equipment to be
installed in a Single Family neighborhood and create regulations related to collocation. This
amendment will also create a process for handling application and the timeline specific to this
type of technology. All amendments are related to recently approved state legislation.
III. Notice
This Title and Summary has been published to clearly inform the public of the intent and effect of
the City of Fridley's Telecommunication Towers and Facilities District Ordinance. A copy of the
ordinance, in its entirety, is available for review 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 THIS
TH
18 DAY OF DECEMBER 2017.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 11, 2017
First Reading: December 11, 2017
Second Reading: December 18, 2017
Published: December 29, 2017
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. 1350
AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 205.30. O-5
TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT TO CONFORM
TO RECENT LEGISLATIVE ENACTMENTS RELATED TO
SMALL WIRELESS DEPLOYMENT
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 205.30 related to O-5 Telecommunications Towers and Facilities District and
Chapter 11.01 related to Fees be hereby amended and ordains as follows:
SECTION I: That Chapter 205.30 be hereby amended as follows:
FRIDLEY ZONING CODE
CHAPTER 205.30. O-5 TELECOMMUNICATIONS TOWERS AND FACILITIES
DISTRICT
City Code Chapter 205.30 of the Code of Ordinances (hereafter “this Code”) is hereby amended
to read as follows:
205.30.1. 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 as well as
regulate placement, construction and operation of distributed antenna systems in the public right-
of-way 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
marketplace 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;
B.To minimize adverse visual impact of towers and wireless telecommunications facilities
through careful design, siting, landscaping, and innovative camouflaging techniques;
C.To promote and encourage shared use/collection 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 structures are soundly and carefully designed, constructed,
Ordinance No. 1350 Page 2
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 services to
the community quickly, effectively, and efficiently;
I.To identify specific sites within the City where wireless telecommunications facilities may be
located. J. To serve the growing demand for telecommunications services through placement
of distributed antenna systems (DAS) small wireless facilities in the public right-of-way.
205.30.2. 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 indicates 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, automatic meter reading devices or small wireless facilities DAS.
“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, develop, construct, build, modify, or erect an automatic meter reading system within the
City; or develop, construct, build, modify, or erect small wireless facilitiesDAS within the public
right-of-way. Application includes all written documentation, verbal statements and
representations, in 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.
“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 and excluding devices reading and transmitting data from a single utility meter.
Ordinance No. 1350 Page 3
“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.
“Collocate” or “Collocation” means 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 a local government unit.
“Electrical Engineer” means an electrical engineer licensed by the State of Minnesota.
“Distributed Antenna System (DAS)” means a network of remote communication nodes
deployed throughout a desired coverage area, which includes at least one antenna for
transmission and reception utilizing a high capacity signal transport medium connecting each
node to a central communications hub site and radio transceivers located at the hub site or at
each individual node to process the communications signals transmitted and received through the
antennas. Also referred to as DAS or “small cell”.
“Existing Site” means a tower or antenna support structure installed or erected prior to
December 18, 1997, and which is not located on an approved site.
“Micro Wireless Facility” means a small wireless facility that is no larger than twenty-four (24)
inches long, fifteen (15) inches wide, and twelve (12) inches high, and whose exterior antenna, if
any, is no longer than eleven (11) inches.
“Local Government Unit” means a county, home rule charter or statutory city, town, or the
Metropolitan Council.
“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 devisce 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.
“Public 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.
Ordinance No. 1350 Page 4
“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.
“Small wireless facility” means (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, batter backup power systems,
grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable
runs for the 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.
“State” means the State of Minnesota.
“Structural Engineer” means a structural engineer licensed by the State of Minnesota.
“Telecommunications Right-of-Way User” means a person owning or controlling a facility in the
public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used
or is intended to be used for providing wireless service, or transporting telecommunication or
other voice or data information. A cable communication system defined and regulated under
Minn. Stat. Chapter 238, and telecommunications activities related to providing natural gas or
electric energy services whether provided by a public utility as defined in Minn. Stat. §216B.02,
a municipality, a municipal gas or power agency organized under Minn. Stat. Chapters 453 or
453A, or a cooperative electric association organized under Minn. Stat. Chapter 308A, are not
telecommunications right-of-way users for the purposes of this Chapter and Minn. Stat. §
237.163, except to the extent these entities are offering wireless services.
“Toll” means to stop the running of a relevant time period, such as a review period.
“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. Lattice or guyed structures are
prohibited.
“Utility Pole” means a pole that is used in whole or in part to facilitate telecommunications or
electric service.
“Wireless Backhaul Facility” means a facility used to transport communications data by wire
from a wireless facility to a communications network.
Ordinance No. 1350 Page 5
“Wireless Facility” means 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 the
following: wireless support structures, wireless backhaul facilities; or 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” means 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” means 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 a local government unit.
“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 an antenna support structure. However, the
term wireless 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.; and
D. Distributed Antenna System (DAS) Small wireless facilities.
205.30.3. NON-CONFORMING USES
A. Existing sites shall be considered a legal non-confirming use, unless otherwise provided for
in this Chapter.
B. Installation of additional wireless telecommunications facilities beyond those in existence on
December 18, 1997, 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
Ordinance No. 1350 Page 6
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 lose is legal conforming status and shall be considered an
illegal nonconforming use. The abandoned wireless telecommunications facilities shall not
be re-established on the site, and must be removed within twelve (12) months of the cessation
of operations. If not removed, the city may remove the facility and assess the costs of
removal against the Owner(s), according to the procedures established in Chapter 128 of the
City Code.
205.30.4. 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.
205.30.5. 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 205.05.04 of the City code, and the requirements of this section.
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.
D. Automatic Meter Reading System Performance Standards. 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 an
automatic meter reading device permit and pay the appropriate permit fee, as provided for
in Chapter 407 and Chapter 11 of the City Code. This permit requirement does not apply
to individual meters or mobile automatic reading devices.
(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).
Ordinance No. 1350 Page 7
(3)All automatic meter reading device(s) must be located no higher than the top of a public
utility structure and no closer to grade than fifteen (15) feet.
(4)Automatic meter reading devices not installed on a public utility structure will be
considered as pad mount design. Its location shall be subject to review and approval of
the City prior to automatic meter reading device 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.
E. Small Wireless Facilities in the Public Right of Way Performance Standards in Underlying
Non-Residential Districts. Distributed Antenna System (DAS) Performance Standards. All
small wireless facility DAS operators and small wireless facilities DAS are permitted uses in
all non-residential underlying zoning districts within the public right-of-way and shall meet
the following criteria and performance standards:
(1)The small wireless facility DAS shall only be located on an existing public utility
structureutility pole or wireless support structure, excluding stop lights.
a.If the public utility structureThe utility pole or wireless support structure be replaced
to structurally accommodatinge the small wireless facility DAS, the replacement
public utility structure height shall not exceed fifty (50) feet in height. the existing
public utility structure height and the public utility structure diameter shall not exceed
the existing public utility structure by more than 50 (fifty) percent. Once the public
utility structure has been replaced to increase its diameter pursuant to this provision, it
shall not again be further increased.
(2)The City may prohibit small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use
of the public utility structureutility pole.
(4) The small wireless facility DAS shall not block light emanating from the public utility
structureutility pole.
(5) If the small wireless facilityDAS is to be attached to a City-owned public utility
structureutility pole or wireless support structure, the applicant shall pay a rental fee to
the City pursuant to the City’s standard Collocation Agreement .
(6) The small wireless facility DAS shall, to the greatest extent possible match the public
utility structureutility pole or wireless support structure in color, material and design and
the small wireless facilityDAS design shall, to the greatest extent possible minimize
exposed cables, wires and other attachment hardware.
(7) The small wireless facilityDAS shall not extend above the top of the existing public
utility structureutility pole by more than ten (10) feet and the maximum height of the
Ordinance No. 1350 Page 8
existing public utility structureutility pole or wireless support structure shall not be fifty
(50) feetincreased in height to accommodate the DAS.
(8) The small wireless facilityDAS shall be no larger than six (6)three (3) cubic feet and have
no individual surface larger than four (4) feet.
(9) The small wireless facilityDAS shall not extend outward from the utility structure by
more than three (3) feet.
(10) Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in
the right-of-way permit and City Code Chapter 407, Rights of Way Management.There
shall be no ground equipment.
(11) The small wireless facilityDAS applicant shall provide evidence that the public utility
structureutility pole or wireless support structure has adequate structural capacity to carry
the additional equipment proposed.
(12) The small wireless facility DAS applicant must agree that the small wireless
facilityDAS or any component of the small wireless facilityDAS equipment must be shall
be removed and relocated in compliance with any requirements set forth in the right-of-
way permit and City Code Chapter 407, Rights of Way Management , at the applicant’s
sole expense and at no expense to the City, if the City or road authority for the public
right-of-way in which it is located requires removal or and relocation of the public utility
structureutility pole for a public project.
(13) The small wireless facility DAS applicant shall submit in writing to the City, written
approval from the public utility structureutility pole or wireless support structure owner,
if not the City, for which the small wireless facilityDAS will be attached to.
(14) The small wireless facilityDAS applicant shall obtain any and all permits and approvals
from road authority for the public right-of-way in which is its small wireless facilityDAS
is located.
(15) The small wireless facilityDAS applicant must be a telecommunications right-of-way
user as defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facilityDAS applicant shall obtain a right-of-way permit from the
City’s engineering department and comply with any requirements set forth in the right-of-
way permit and City Code Chapter 407, Rights of Way Management.
(17) A small wireless structure shall be at least nine hundred (900) feet in distance from any
other small wireless structure.
Ordinance No. 1350 Page 9
(18) All small wireless structures and small wireless facilities shall be installed two (2) feet
from the edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the
trail, sidewalk or pedestrian way.
(19) The small wireless facility shall at least twelve (12) feet above the ground.
(1720) The small wireless facilityDAS applicant shall comply with all applicable local, state,
and federal ordinances, statutes and regulations.
F. Small Wireless Facility Performance Standards in the Public Right of Way in Underlying
Residential Districts. All small wireless facility operators and small wireless facilities are
special uses in all underlying residential districts within the public right-of-way and shall
meet the following criteria and performance standards:
(1) The small wireless facility shall only be located on a utility pole or wireless support
structure, excluding stop lights.
a.The utility pole or wireless support structure accommodating the small wireless
facility shall not exceed fifty (50) feet in height.
(2) The City may prohibit small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use
of the utility pole.
(4) The small wireless facility DAS shall not block light emanating from the utility pole.
(5) If the small wireless facilityDAS is to be attached to a City-owned utility pole or wireless
support structure, the applicant shall pay a rental fee to the City pursuant to the City’s
standard Collocation Agreement .
(6)The small wireless facility shall, to the greatest extent possible match the utility pole or
wireless support structure in color, material and design and the small wireless
facilityDAS design shall, to the greatest extent possible minimize exposed cables, wires
and other attachment hardware.
(7) The small wireless facility shall not extend above the top of the existing utility pole by
more than ten (10) feet and the maximum height of the utility pole or wireless support
structure shall not be fifty (50) feet.
(8) The small wireless facility shall be no larger than six (6) cubic feet.
(9) The small wireless facility shall not extend outward from the utility structure by more
than three (3) feet.
Ordinance No. 1350 Page 10
(10) Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in
the right-of-way permit and City Code Chapter 407, Rights of Way Management.
(11) The small wireless facilityapplicant shall provide evidence that the utility pole or
wireless support structure has adequate structural capacity to carry the additional
equipment proposed.
(12) The small wireless facility applicant must agree that the small wireless facility or any
component of the small wireless facility equipment must be shall be removed and
relocated in compliance with any requirements set forth in the right-of-way permit and
City Code Chapter 407, Rights of Way Management, if the City or road authority for the
public right-of-way in which it is located requires removal or and relocation of the utility
pole for a public project.
(13) The small wireless facility applicant shall submit in writing to the City, written approval
from the utility pole or wireless support structure owner, if not the City, for which the
small wireless facility will be attached to.
(14) The small wireless facility applicant shall obtain any and all permits and approvals from
road authority for the public right-of-way in which its small wireless facility is located.
(15) The small wireless facility applicant must be a telecommunications right-of-way user as
defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facility applicant shall obtain a right-of-way permit from the City’s
engineering department and comply with any requirements set forth in the right-of-way
permit and City Code Chapter 407, Rights of Way Management.
(17) A small wireless structure shall be at leastnine hundred (900) feet in distance from any
other small wireless structure.
(18) All small wireless structures and small wireless facilities shall be installed two (2) feet
from the edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the
trail, sidewalk or pedestrian way.
(19) The small wireless facility shall be at least twelve (12) feet above the ground.
(20) The small wireless facility shall be installed at the residential lot’s corner in the right of
way.
(21) The small wireless facility applicant shall comply with all applicable local, state, and
federal ordinances, statutes and regulations.
Ordinance No. 1350 Page 11
205.30.6. 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 205.05.04 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,
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 site could comply with any
separation and buffer requirements of the underlying zoning district;
E.Whether all foreseeable telecommunications uses of the proposed new site could comply
with the setback requirements of the underlying zoning district; and
F.Whether the proposed site is accessible for service vehicles;
G.If applicable, whether the proposed site has been designed and certified by a 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 principal use.
K.Whether the proposed site adequately contributed to the City’s overall effort to adequately
meet the needs of the wireless telecommunications industry.
Ordinance No. 1350 Page 12
L.Whether the proposed site has amenities such as trees that will allow screening and sight line
relief. If not, 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.
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
exists in the proposed site.
205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS
TELECOMMUNICATIONS FACILITIES ON APPROVED SITES IN THE CITY.
A.All persons seeking to install, operate and maintain towers wireless telecommunications
facilities in approved sites in the city must file a telecommunication site permit application
with the City which shall include:
(1)The names, 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 to provide adequate structural support considering
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 would 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
Ordinance No. 1350 Page 13
(5)A scalable 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 205.30.25. 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 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 an approved Site is capable of
being developed to support more than two (2) 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 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 205.30.07.A, except items (3) and (11).
205.30.8. APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE
CITY
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:
A.The name, address and telephone number of the applicant and property owner; and
Ordinance No. 1350 Page 14
B.Written, technical evidence from a qualified Structural Engineer that the integrity of the
structure on which a proposed automatic reading devise(s) will be attached and the
attachment devise itself will not jeopardize the structural integrity of the public utility
structure; and
C.A location plan matching the public utility structure identification (address) and the
appropriate automatic meter reading device; and
D.An individual automatic meter reading device permit fee as required by Chapter 11; and
E.The application shall contain an affirmative statement indicating that the applicant agrees to
comply with the provisions in section 205.30 1112.25. regarding abandonment; and
F. 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 (10)
calendar days in advance of such changes and allow the City to monitor interference levels
during the testing process.
205.30.9. APPLICATION FOR PLACEMENT OF SMALL WIRELESS FACILITIES
DISTRIBUTED ANTENNA SYSTEMS (DAS) IN THE RIGHT-OF-WAY
A. All persons seeking to install, operate and maintain small wireless facilities distributed
antenna systems (DAS) on within the right-of-way within the City must file a right-of-way
permit application with the City that, in addition to any other requirements set forth in City
Code Chapter 407, includes:
(1)The names, address, and telephone number of the right-of-way permit applicant; and
(2)Written technical evidence from a qualified and licensed structural engineer that the
proposed DASsmall wireless facilities public utility structureutility pole or wireless
support structure is capable of supporting the equipment necessary to install, operate and
maintain the DASsmall wireless facility. The engineer shall also certify the capability of
the public utility structureutility pole or wireless support structure to provide the adequate
support needed considering the existing or other proposed equipment installations. The
engineer shall also assess and state the design safety margin of the entire public utility
structureutility pole or wireless support structure and small wireless facilityDAS. The
engineer shall state that within the limits of engineering certainty, if the public utility
structureutility pole or wireless support structure would fall or collapse for any reason
due to any event, the public utility structureutility pole or wireless support structure will
be completely contained within the area identified; and
(3) A completed right-of-way permit application form as provided by the City; and
Ordinance No. 1350 Page 15
(4)A report from a qualified and licensed professional engineer which described the height
and design of the proposed small cell wireless facilityDAS including a cross-section and
elevation; and
(5)A scalable site plan drawn at an engineering scale showing the location of the small
wireless facilityDAS in relation to the surrounding structures; and
(6)Foundation, cross-section, and building plans for installation of the small wireless
facilityDAS; and
(7)A right-of-way application and fee as required by Chapter 11; and
(8)A building permit application and fee pursuant to Chapter 206;
(9)An escrow fee as set forth in Chapter 11 to be held and utilized in the event the small
wireless facilityDAS is abandoned without removal by the applicant and
(10)The right-of-way application shall contain an affirmative statement indicating that the
applicant agrees to comply with the provisions of 205.30.5.E for small wireless
facilityDAS performance standards and 206.30.25 for abandonment.
(11)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 DASsmall wireless facility is capable of supporting the public utility structureutility
pole or wireless support structure to which the small wireless facilityDAS will be attached.
(12)Documentation that the DASsmall wireless facility has applied for and obtained any
licenses and approvals that are required by federal and state agencies.
B. Action on Small Wireless Facility Permit Applications.
(1) Approval or Denial. The city shall approve or deny a small wireless facility permit
application within ninety (90) days after filing of such application. The small wireless
facility permit, and any associated building permit application, shall be deemed approved
if the city fails to approve or deny the application within the review periods established in
this section.
a. Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application addressing the proposed collocation of up to fifteen (15)
small wireless facilities, or a greater number if agreed to by the city, provided that all
small wireless facilities in the application:
i.Are located within a two (2) mile radius;
ii.Consist of substantially similar equipment; and
iii.Are to be placed on similar types of wireless support structures.
Ordinance No. 1350 Page 16
In rendering a decision on a consolidated permit application, the city may approve
some small wireless facilities sites 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.
b.Tolling of Deadline. The ninety (90) day deadline for action on a small wireless
facility permit application may be tolled if:
i.The city receives applications from one or more applicants seeking approval of
permits for more than thirty (30) small wireless facilities within a seven (7) day
period. In such case, the city may extend the deadline for all such applications by
thirty (30) days by informing the affected applicants in writing of such extension.
ii.The applicant fails to submit all required documents or information and the city
provides written notice of incompleteness to the applicant within thirty (30) days
of receipt of the application. Upon submission of additional documents or
information, the city shall have ten (10) days to notify the applicant in writing of
any missing information.
iii.The city and a small wireless facility applicant agree in writing to toll the review
period.
(2)Scope of Approval. An approval of a small wireless facility permit under this section
authorizes the installation, placement, maintenance, or operation of a small wireless
facility to provide wireless service and shall not be construed to confer authorization to
(1) provide any service other than a wireless service, or (2) install, place, maintain, or
operate a wireline backhaul facility in the right-of-way.
(3)Denial. Any denial of a right-of-way or small wireless facility permit must be made in
writing and must document the basis for the denial. The city must notify the applicant in
writing within three (3) business days of the decision to deny the permit. If a permit
application is denied, the applicant may cure the deficiencies identified by the city and
resubmit its application. If applicant user resubmits the application within thirty (30)
days of receiving written notice of the denial, no additional filing or processing fee shall
be imposed. The city must approve or deny the revised application within thirty (30)
days after the revised application is submitted.
205.30.10. APPLICATION PROCESS
A.Upon submission of an application on an approved site, for an antenna meter reading system,
or DASsmall wireless facility, 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
Ordinance No. 1350 Page 17
lease agreement, if necessary, and issuance of a building permit. Construction or installation
on an automated meter reading system, or DASsmall wireless facility may begin upon
approval of the application and issuance of any required permits and execution of any
required Collocation Agreement.
B.If a small wireless facility, tower or wireless telecommunications facility is approved by a
special use permit, the applicant must also apply for and receive a building permit.
205.30.11. 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. An additional twenty-five (25) feet of tower height shall
be permitted for a total height of one hundred fifty (150) feet, If all of the following criteria can
be met:
A. The tower exists within a lineal dimension of two hundred fifty (250) feet of any one of the
following structures that exceed the height of one hundred fifty feet. These structures
include: buildings, power lines, and train/rail yard fixtures such as light fixtures,
B. Tower can meet or exceed any local, state, of federal regulations relative to tower fall
distance.
C. All permits required to replace or expand an existing tower be reviewed and approved by the
City prior to alteration.
205.30.12. STEALTH DESIGN AND EXTERIOR FINISHES
All approved sites, towers, and wireless telecommunications, and small wireless DAS 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.
205.30.13. ILLUMINATION
Towers shall not be artificially illuminated except as required by the Federal Aviation
Administration (“FAA”).
205.30.14. 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 (100%) opaque
vegetative enclosure, six feet in height at planting.
Ordinance No. 1350 Page 18
205.30.15. 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.
All small wireless structures shall be designed in a manner so that the structure from ground
level to twelve feet prevents unauthorized climbing on the structure.
205.30.16. 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.
205.30.17. BUILDING PERMIT REQUIRED
A building permit is required for installation of any tower, wireless telecommunications facility,
or small wireless structureDAS. The completed installation, including all associated buildings,
shall comply with all applicable building codes including but not limited to the most currently
adopted version of the N.F.P.A. 70 National Electrical Code, TIA/EIA 222 Structural Standards
for steel antenna towers, and others as may be determined by the Building Official.
205.30.18. SETBACKS
The tower or wireless communications 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.
205.30.19. SIGNS
Signs no larger than four (4) square feet in size and attached to a structure are the only permitted
signage associated with the tower or wireless telecommunications facility.
Ordinance No. 1350 Page 19
205.30.20. 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 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 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
State Building and Electrical 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).
205.30.21. MAINTENANCE
A. Ordinary and reasonable care of towers, wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilitiesDAS shall be employed at all
times. All towers, wireless telecommunications facilities, automatic meter reading systems,
and small wireless facilitiesDAS 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, automatic
meter reading systems/devices, and small wireless facilitiesDAS in compliance with the
requirements of the National Electric Safety Code and all FCC, State and local 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, automatic
meter reading systems/devices, or small wireless facilitiesDAS shall be performed by
qualified maintenance and construction personnel.
D.All owners of wireless telecommunications facilities, automatic meter reading
systems/devices, and small wireless facilitiesDAS 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,
automatic meter reading systems/devices, and small wireless facilitiesDAS shall be made
available to the City and updated annually.
Ordinance No. 1350 Page 20
E. In the event the use of a tower, a public utility structure, a wireless telecommunications
facility, an automatic meter reading system/device, or small wireless facilitiesDAS is
discontinued by the owner of the wireless telecommunications facility, automatic meter
reading system, or small wireless facilitiesDAS, 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.
205.30.22. PRIORITY FOR USE
Priority for use of the installation, maintenance and operation of towers and wireless
telecommunications facilities will be given to the following entitles 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 licensed commercial wireless telecommunication services including
cellular, public and personal communication services (PCS), specialized mobilized radio
(SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are
marketed to the general public.
205.30.23. CO-LLOCATION
Towers shall be designed to support more than two (2) wireless telecommunications facilities.
Wireless support structures shall be designed to support more than one (1) small wireless facility.
205.30.24. FEES
The applicant shall pay the fees listed in Chapter 11 for processing a request to install, operate,
and maintain a tower, public utility structure, pad mount device, a wireless telecommunications
facility, an automatic meter reading system and/or devices, or small wireless facilitiesDAS in the
City. If deemed as necessary due to the nature of the application, the applicant shall also be
required to reimburse the City for its cost to retain a consultant to review the requested
application.
205.30.25. ABANDONMENT
If any site for which approval to install, maintain, and operate a tower, or a public utility
structure, or wireless telecommunications facilities, automatic meter reading systems or s
wireless facilitiesDAS has been granted by the City shall cease to be used for a period of three
hundred sixy-five (365) consecutive days, the City shall notify the wireless telecommunications
facility operator, automatic meter reading device operator, the DAS small wireless facility
operator and the owner of the property, that said site or system has been deemed abandoned.
Upon a finding of abandonment by the City, the tower, public utility structure, wireless
telecommunications facilities, automatic meter reading system, or small wireless facilitiesDAS
must be removed or an annual user fee shall be paid to the City. If it is determined that the
Ordinance No. 1350 Page 21
abandoned tower, public utility structure, wireless telecommunications facility, automatic meter
reading system or small wireless facilitiesDAS cannot be removed in a reasonable time period by
the owner or operator, the City shall assess all costs related to the removal to the owner(s) or
operator(s), according to the procedures established in Chapter 128 of the City Code.
205.30.26. NO RECOURSE
No Recourse against the City. Every permit issued to an applicant for construction, installation,
maintenance, or operation of a wireless telecommunications facility, automated meter reading
system/device or small wireless facilitiesDAS shall provide that, without limiting such
immunities as the City of other persons may have under applicable law, an applicant/permit
holder shall have no monetary recourse whatsoever against the City of its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirements of this Ordinance or because of the enforcement or
lack of enforcement of this Ordinance or the City’s exercise of its authority pursuant to this
Ordinance, a permit, a lease, or other applicable law, unless the same shall be caused by criminal
acts or by willful gross negligence. Nothing herein shall be construed as a waiver of sovereign
immunity.
205.30.27. DATA PRACTICES
All documentation submitted pursuant to this Chapter by an applicant shall be subject to and
governed by the Minnesota Government Data Practices Act.
205.30.28. SEVERABILITY
If any clause, section, or other part of this Section shall be held invalid or unconstitutional by any
court of competent jurisdiction, the remainder of this Section shall not be affected thereby, but
shall remain in full force and effect.
205.30.29. 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.
SECTION II: That Chapter 11 FEES be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 11. GENERAL PROVISIONS AND FEES
Section 11.10. FEES
Code Subject Fee
205.30 Telecommunications Permit to Locate on Approved Site $400 user/tower
Telecommunications Towers and Facilities District
205.30.24 DAS Application Fee $500
205.30.24 DAS Small Wireless Facility in a R-1, Single $1,500
Family Zoning District Application Review Fee
205.30.9 (9) DAS Small Wireless Facility Abandonment $2,000
Escrow
Ordinance No. 1350 Page 22
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
18 DAY OF DECEMBER, 2017.
Scott J. Lund, Mayor
ATTEST:
_____________________________
Debra A. Skogen, City Clerk
Public Hearing: December 11, 2017
First Reading: December 11, 2017
Second Reading: December 18, 2017
Publication Date: December 29, 2017
AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY
ORDINANCE NO.1350
STATE OF MINNESOTA )ss AN ORDINANCE AMENDING
COUNTY OF ANOKA CHAPTER 205.30 0-5,
TELECOMMUNICATIONS
TOWERS AND
Darlene MacPherson being duly sworn on an FACILITIES DISTRICT
oath, states or affirms that he/she is the TO ADD LANGUAGE TO
Publisher's Designated Agent of the newspa- ACCOMMODATE RECENT
LEGISLATIVE CHANGES
per(s)known as: RELATED TO SMALL
WIRELESS INSTALLATIONS
SF Columbia Heights/Fridley IN THE RIGHT OF WAY
I.Title
An ordinance that amends Sec-
with the known office of issue being located tions 205.30 of the Fridley City
in the county of: Code for the purpose of adding
ANOKA language to the code to accommo-
date recent legislative changes re-
with additional circulation in the counties of: lated to small wireless installations
ANOKA in the right of way.
and has full knowledge of the facts stated II.Summary
below: The City Council of the City of
(A)The newspaper has complied with all of Fridley does hereby ordain as fol-
lows:
the requirements constituting qualifica- That Ch. 205.30 0-5, Telecom-
tion as a qualified newspaper as provided munications Towers and Facilities
by Minn. Stat.§331A.02. District is hereby amended to add
(B)This Public Notice was printed and pub- language to the code that univer-
sally defines small wireless facili-
lished in said newspaper(s) once each ties and related definitions created
week, for 1 successive week(s); the first by the legislation. It's amended
insertion being on 12/29/2017 and the last to require a special use permit
for equipment to be installed in a
insertion being on 12/29/2017. Single Family neighborhood and
create regulations related to collo-
MORTGAGE FORECLOSURE NOTICES cation. This amendment will also
Pursuant to Minnesota Stat. §580.033 create a process for handling ap-
and to the publication of mortgage cl't plicationthis
typ the timeline spec if-
relating1
type of technology. All
foreclosure notices: The newspaper complies amendments are related to recently
with the conditions described in §580.033, approved state legislation.
subd. 1, clause (1) or(2). If the newspapers III.NoticeThis Title and Summary has
known office of issue is located in a county been published to clearly inform the
adjoining the county where the mortgaged public of the intent and effect of the
premises or some part of the mortgaged City of Fridley's Telecommunication
premises described in the notice are located, Towers and Facilities District Ordi-
nance. A copy of the ordinance,in
a substantial portion of the newspaper's its entirety,is available for review by
circulation is in the latter county. any person during regular business
hours at the offices of the City Clerk
of the City of Fridley,6431 Universi-
ty Avenue N.E.,Fridley,MN 55432.
$y; �ryr `,Q �,� PASSED AND ADOPTED BY
Designated Agent THE CITY COUNCIL OF THE CITY
OF FRIDLEY THIS 18TH DAY OF
DECEMBER 2017.
Subscribed and sworn to or affirmed before SCOTT J.LUND,MAYOR
me on 12/29/2017 by Darlene MacPherson. ATTEST:
DEBRA A.SKOGEN,CITY CLERK
Public Hearing:December 11,2017
First Reading:December 11,2017
Second Reading: December 18,
2017
Published in the
QZColumbia Hgt-Fridley Sun Focus
December 29,2017
Notary Public 767830
°ssT" PAULINE L LEE
• r Notary Public-Minnesota
My Commission Expires Jan 31,2021
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