2015-10 CITY OF RICHFIELD
STATE OF MINNESOTA
BILL NO. 2015-10
TRANSITORY ORDINANCE NO. 18.99
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE CONSIDERATION OF
WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS IN THE CITY,
COUNTY AND STATE RIGHT-OF-WAYS,
AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background.
1.01. The City of Richfield regulates the installation of wireless
telecommunication facilities and antennas both on private property and
within the public right-of-ways throughout the City.
1.02. The City of Richfield requires that facilities newly installed, constructed or
otherwise placed in the public right-of-way must be located and
maintained underground, subject to limited exceptions.
1.03. The City has received an inquiry about potential installation of new
wireless telecommunication facilities and antennas in the public right-of-
way. The type of technology contemplated was not previously available
and this inquiry makes clear the need for the City to study and determine
whether it should revise official controls related to wireless
telecommunication facilities and antennas in the public right-of-way.
1.04. The installation of additional above-ground utilities in the public right-of-
way has the potential to negatively impact the health, safety and welfare of
the community if not property regulated.
1.05. The City's consultants have recommended that the City study and engage
in deliberation of all of the issues pertaining to the development of Small
Cell sites in the City and to evaluate the need for additional standards to
regulate these facilities.
1.06. The City Council has determined a need to undertake a study to
determine the appropriate permitting and land use controls for wireless
telecommunication facilities and antennas in the public right-of-way.
1.07. Upon completion of the study, the City Council, together with such city
commissions as the City Council deems appropriate or as may be
required by law, will consider the advisability of amending certain official
controls.
1.08. Minnesota Statutes, Section 462.355, Subdivision 4 allows the City to
adopt an interim ordinance for the purpose of protecting the planning
process and the health, safety, and welfare of its citizens.
Sec. 2. Findings.
2.01 The City of Richfield has the authority, pursuant to common law and
Minnesota Statutes to regulate the installation of utilities and
telecommunications right-of-way users within the public right-of-way.
2.02 The City Council finds that it is necessary to conduct planning studies to
determine the appropriate permitting and land use controls that should
apply to wireless telecommunication facilities and antennas in the public
right-of-way and to protect the planning process and the health, safety,
and welfare of its citizens.
2.03 The purpose of the studies to be conducted includes, but is not limited to
determining the appropriate permitting and licensing standards, and land
use and development standards that should apply to wireless
telecommunication facilities and antennas in the public right-of-way and
determining the appropriate changes, if any, that should be made to City
Ordinances.
2.04 The City Council finds that there is a need to adopt a City-wide moratorium
Ordinance, while the studies referenced in Section 2.01 are conducted.
2.05 The City Council finds that this moratorium applies to, but is not limited
to, the following types of land use applications: right-of-way permits,
boulevard feature permits, antenna permits, building permits, and electrical
permits for installation, construction or operation of wireless
telecommunication facilities and antennas in the public right-of-way.
Sec. 3. Planning Study: Moratorium.
3.01. A study is authorized to be conducted by City staff, to be followed by
consideration of potential changes to the City's Ordinances by the City
Council and such other commissions of the City as required by law or as
directed by the City Council.
3.02. Pending completion of the study and adoption of any amendments to the
City's official controls, a moratorium is established on the issuance of City
approvals for or related to the installation, construction or operation of
wireless telecommunication facilities and antennas in the public right-of-
way.
3.03 During the period of the moratorium, applications for any such approvals
related to wireless telecommunication facilities and antennas in the public
right-of-way shall not be accepted by the City nor shall the Planning
Commission or City Council consider or grant approval of any such
application.
3.04 The moratorium established by this Ordinance shall apply to any
application pending as of the date of this Ordinance Any application
submitted to which the moratorium applies shall be denied unless the
application includes a specific request that it be excepted from the
Moratorium, in which case the City staff shall submit the application to the
City Council for consideration of granting an exception.
3.05 The City Council may approve exceptions to this Moratorium for an
application if the City Council, in its sole discretion, determines that the
approval being sought will not interfere with the purposes for which this
moratorium was adopted.
Sec. 4. Enforcement. The City may enforce this Ordinance by mandamus,
injunction or other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium
established under this Ordinance shall remain in effect until August 23, 2016.
The moratorium may be extended for a reasonable time, in accordance with
Minnesota Statutes Section 462.355.
Sec. 6. Effective Date. This Ordinance is effective as provided by Section
3.09 of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
September, 2015.
II dr
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Debbie Goettel, Mayor
ATTEST:
Elizabe h VanHooseClerk
AFFIDAVIT OF PUBLICATION City of Richfield
(Official Publication)
STATE OF MINNESOTA * )SS SUMMARY PUBLICATION
COUNTY OF HENNEPIN BILL NO.2015-10
AN ORDINANCE ESTABLISHING
Charlene Void being duly sworn on an oath, A ONE-YEAR MORATORIUM
g y ON THE CONSIDERATION OF
states or affirms that he/she is the Publisher's WIRELESS TELECOMMUNICATION
Designated Agent of the newspaper(s)known FACILITIES AND ANTENNAS
as IN THE CITY,COUNTY AND
STATE RIGHT-OF-WAYS,AND
DIRECTING THAT A PLANNING
SC Richfield STUDY BE CONDUCTED
This summary of the ordinance is
with the known office of issue being located published pursuant to Section 3.12
in the county of: of the Richfield City Charter.
HENNEPIN On September 8, 2015, the
Richfield City Council adopted an
with a substantial portion of the circulation ordinance designated as Bill No.
in the counties of: 2015-10,the title of which is stated
HENNEPIN above. The ordinance establishes
and has full knowledge of the facts stated a one-year moratorium oe the
g consideration of wireless telecom-
below: munication facilities and antennas
(A)The newspaper has complied with all of in public right-of-ways throughout
the requirements constituting qualifica- tthat he City.The ordinance study be also conducted directs
tion as a qualified newspaper as provided to determine a planning the appropriate land
by Minn.Stat.§331A.02. use and development standards for
(B)This Public Notice was printed and pub- wireless telecommunication facili-
lished in said newspaper(s) once each ties and antennas in public right-of-
week, for 1 successive week(s); the first ways and that appropriate amend-
ments be made to the City's off icial
insertion being on 09/17/2015 and the last controls upon completion of the
insertion being on 09/17/2015. study. During the moratorium, ap-
plications for right-of-way permits,
MORTGAGE FORECLOSURE NOTICES
boulevard feature permits, antenna
permits, building permits and elec-
Pursuant to Minnesota Stat. §580.033 trical permits for the installation,
relating to the publication of mortgage construction or operation of wire-
foreclosure notices: The newspaper complies less telecommunication facilities
and antennas with public righnicl!
with the conditions described in §580.033, ways will not be accepted.
subd. 1, clause(1) or(2). If the newspaper's copies of the ordinance are
known office of issue is located in a county available for public inspection in
adjoining the county where the mortgaged tbusiness he City Clerk hours's offor ice upon during request normal
by
premises or some part of the mortgaged calling the Department of Commu-
premises described in the notice are located, nity Development at(612)861-9760.
a substantial portion of the newspaper's Adopted by the City Council of
circulation is in the latter county. the City of Richfield,Minnesota this
8th day of September,2015.
Q / �y ,,,/ /s/
�✓` UO �-Q- �, n(,`-CL Elizabeth 17 15,3S,City Clerk
By: 1�J1 I 9/17/15,3SC2,
Designated Agent Bill No.2015-10,446572
Subscribed and sworn to or affirmed before
me on 09/17/2015.
<OCIA-90 M M *11)1 G1,.
Notary Public
°fTH`""g DARIENE MARIE MACPHERSON
j Notary Public-Minnesota
0*r My Commission Expires Jen 31,2019
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