08-10 Bill No. 2020-9
BILL NO. 2020-9
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE
REGULATIONS RELATED TO
SMALL WIRELESS FACILITIES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 514.05, Subd. 11 of the Richfield City Code related to
permitted uses in the Single-Family (R) Zoning District is amended to read
as follows:
Subd. 11. Minor public utilities, excludingincluding
. in compliance with
regulations detailed in Subsection 802.21 of the City Code.
Section 2 Subsection 514.07, Subd. 12 of the Richfield City Code related to
conditional uses in the Single-Family (R) Zoning District is amended to
read as follows:
Subd. 12. Major public utilities
.
Section 3 Subsection 518.05, Subd. 11 of the Richfield City Code related to
permitted uses in the Low-Density Single-Family (R-1) Zoning District is
amended to read as follows:
Subd. 11. Minor public utilities, excludingincluding
. in compliance with
regulations detailed in Subsection 802.21 of the City Code.
Section 4 Subsection 518.07, Subd. 4 of the Richfield City Code related to
conditional uses in the Low-Density Single-Family (R-1) Zoning District is
amended to read as follows:
Subd. 4. Major public utilities
.
Section 5 Subsection 802.21 of the Richfield City Code related to the issuance of
permits to install small wireless facilities in City right-of-way is amended to
read as follows:
.
802.21. Issuance of Permits; Conditions.
Bill No. 2020-9 1
Subdivision 1. Permit Issuance. If the Applicant has satisfied the
requirements of this Section, the City shall issue a permit within a
reasonable period of time of receiving a completed application.
Subd. 2. Conditions. The City may impose reasonable conditions upon
the issuance of the permit and the performance of the applicant
thereunder to protect the health, safety and welfare or when necessary to
protect the right-of-way and its current use. In addition, a permittee shall
comply with all requirements of local, state and federal laws, including but
not limited to Minnesota Statutes §§ 216D.01.09 (Gopher One Call
Excavation Notice System) and Minnesota Rules Chapter 7560.
Subd. 3. Screening. The Permittee shall screen all above-ground facilities
as required by the Director. Screening methods shall include the use of
shrubs, trees and/or landscape rock or installation using camouflaged
forms of the facility.
Subd. 4. Small Wireless Facility Conditions . In addition to subdivisions 2
and 3, the erection or installation of a wireless support structure, the
collocation of a small wireless facility, or other installation of a small
wireless facility in the right-of-way, shall be subject to the following
conditions:
(a)
entirely within a shroud or canister type enclosure. The diameter of the
antenna enclosure at its widest point should not be wider than two
times the diameter of the top of the wireless support structure.
(b) A small wireless facility and enclosure shall only be collocated on
the particular wireless support structure, under those attachment
specifications, and at the height indicated in the applicable permit
application.
(c) All colors shall match the background of any wireless support
structure that the facilities are located upon. In the case of existing
wood poles, finishes of conduit shall be zinc, aluminum, stainless steel,
or colored to match those metal finishes.
(d) All cables, wires, and connectors related to the small wireless
facility must be fully concealed on the wireless support structure and
shall match the color of the wireless support structure.
(e) No new wireless support structure installed within the right-of-
way shall exceed 50 feet in height without the city's written
authorization, provided that the city may impose a lower height limit in
the applicable permit to protect the public health, safety and welfare or
to protect the right-of-way and its current use, and further provided that
a registrant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject
to such conditions or requirements as may be imposed in the
applicable permit.
Bill No. 2020-9 2
(f) All antenna enclosures shall either be mounted to the top of the
wireless structure pole aligned with the centerline of the wireless
support structure, or mounted to the side of the wireless support
structure such that the vertical centerline of the antenna enclosure
shall be parallel with the wireless support structure No wireless facility
may extend more than ten (10) feet above its wireless support
structure.
(g) Where an applicant proposes to install a new wireless support
structure in the right-of-way, the city may impose separation
requirements between such structure and any existing wireless support
structure or other facilities in and around the right-of-way. Wireless
support structures shall be located no closer than 300 feet away,
radially, from another wireless support structure.
(h) To the greatest extent possible, new wireless support structures
shall not be located directly in front of any existing residential,
commercial, or industrial structure and shall be located in line with
existing lot lines.
(i) Where an applicant proposes collocation on a decorative wireless
support structure, sign or other structure not intended to support small
wireless facilities, the city may impose reasonable requirements to
accommodate the particular design, appearance or intended purpose
of such structure.
(j) Where an applicant proposes to replace a wireless support
structure, the city may impose reasonable restocking, replacement, or
relocation requirements on the replacement of such structure.
(k) bited. Any
proposed pruning or removal of trees, shrubs, or other landscaping
already existing in the right-of-way must be noted in the application
and must be approved by the City.
(l) Ground mounted equipment cabinets shall be the color of brushed
aluminum and additionally screened through the use of shrubs, trees,
and/or landscape rock or installation using camouflaged forms of the
facility.
(m) New small wireless facilities and wireless support structures shall
not be illuminated, except in accordance with state or federal
regulations, or unless illumination is integral to the camouflaging
strategy such as design intended to look like a street light pole.
(n) The small wireless facility operator/permittee shall remove or paint
over unnecessary equipment manufacturer decals. Small wireless
facilities and wireless support structures shall not include
advertisements and may only display information required by a federal,
state, or local agency.
Bill No. 2020-9 3
(o)In residential areas, the small wireless facility operator/permittee
shall use a passive cooling system. In the event that a fan is needed,
the small wireless facility operator/permittee shall use a cooling fan
with a low noise profile.
(p)The applicant shall provide photo simulations from at least two
reasonable line-of-site locations near the proposed project site. The
photo simulations must be taken from the viewpoints of the greatest
pedestrian traffic.
Subd. 5. Small Wireless Facility Agreement. A small wireless facility shall
only be collocated on a small wireless support structure owned or
controlled by the city, or any other city asset in the right-of-way, after the
applicant has executed a standard small wireless facility collocation
agreement with the city. The standard collocation agreement may require
payment of the following:
(a)Up to $150.00 per year for rent to collocate on the city structure.
(b)$25.00 per year for maintenance associated with the collocation;
(c)A monthly fee for electrical service as follows:
1.$73.00 per radio node less than or equal to 100 maximum watts;
2.$182.00 per radio node over 100 maximum watts; or
3.The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu
of, the required small wireless facility permit, provided, however, that the
applicant shall not be additionally required to obtain a license or franchise
in order to collocate. Issuance of a small wireless facility permit does not
supersede, alter or affect any then-existing agreement between the city
and applicant.
Section 5 This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 10th day of
August, 2020.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Bill No. 2020-9 4
AFFIDAVIT OF PUBLICATION
STATE OF MTNNESOTA ) r,COUNTY OF HENNEPIN
Diane Erickson being duly sworn on an oath,
states or affrrms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SC Bloomin gton Richfield
with the koown offrce of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Mion. Stat. $331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being ou 0812012020 and the last
insertion being on 0812012020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. $580.033
relatiug to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in 9580.033,
subd. l, clause (l) or (2). If the newspaper's
known olIice of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the uotice are located,
a substantial portion of the newspaper's
circulatiou is in the latter county.
By:
Desipated Agent
Subscribed and sworn to or allirmed before
me o10812012020 by Diane Erickson.
It *-
Notary Public
Rate Information:
(l) Lowest ctassified rate paid by commercial users
for comparable space:
$34.45 per column inch
CITY OF RICHFIELD
SUMMARY PUBLICATION
BILL NO.2020-9
AN ORDINANCE REI.ATED
TO THE INSTALI.ATION
OF SMALL WRELESS
FACILITIES AND WIRELESS
SUPPORT STRUCTURES
IN THE RIGHT.OF-WAY
This summary of the ordinance
is published pursuant to Section
3.12 of the Richfield City Charter.
This ordinance revises rules
rolated to the installation of new
small wireless (cellular phone)
facilities and their support
structur€s. The apprcved odinance
rcmoves the requirement for a
Conditional Use Permit prior to
the installation of such equipment
in single-family residential districts
and instead establishes aesthetic
and spacing rBquirBments for all
new facilities to be installed in the
public right-of-way, in any zoning
district in the City. Hequirements
include screening of ground
equiprnent, nntching the color
of new oquipment to the support
structure to which it is affixed or
to surroundings, height limitations,
mounting preferences, spacing
requirBments, location preferences
along lot lines, passive cooling
systems, prchibits advertising, and
rcgulates the trimming of tr€€s to
facilitate installation.
Copies of the ordlnance are
available for public inspection
in the City Clerk's office during
normal business hours or upon
request by calling the Departmentof Community Development at
(612) 861-9760.
Adopted by the City Council of
the City of Richfield, Minnesota this
1 oth day of August, 2020.
Maria Regan Gonzalez,
Mayor
ATTEST: Elizabeth VanHoos€,
City Clerk
Published in the
Sun Cunent
August 20, 2020
1 067392
Notary Public
M inn0sota
Corrnrsitn Jeuary 31,2024
DARLENE MARIE
Ad rD 1067392