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HomeMy WebLinkAboutItem 06.c Date: Item No. AN ORDINANCE AMENDING TITLE 7, CHAPTER 15 AND TITLE 11, CHAPTER 30 OF THE LAKEVILLE CITY CODE CONCERNING THE INSTALLATION OF SMALL CELL WIRELESS FACILITIES Proposed Action Staff recommends adoption of the following motion: Move to adopt an ordinance amending Title 7, Chapter 15 and Title 11, Chapter 30 of the Lakeville City Code concerning the installation of small wireless facilities and wireless support structures pursuant to Minnesota Statute. Overview The Federal Communications Commission (FCC) adopted a Declaratory Ruling on June 9, 2020 to clarify provisions regarding small wireless facilities and the implementation of Section 6409(a) of the 2012 Spectrum Act. Section 6409 regulates the placement or modification of wireless facilities on an existing wireless tower or base station. It provides that cities must approve modifications to certain existing wireless facilities within 60 days or the permit is deemed granted. The Declaratory Ruling also interprets several other provisions in FCC rulemaking including increases in the height of the tower, clarifies the definition of an equipment cabinet and esthetic design elements, and clarifies when an environmental assessment is required. The City Attorney has reviewed the City’s ordinances regarding the regulation of small cell wireless facilities and recommends the attached ordinances amendments be adopted to address the FCC’s declaratory ruling. Primary Issues to Consider Will additional amendments to the City’s right-of-way management ordinance be required in the future? • No additional revisions are anticipated at this time. Supporting Information • Redlined Lakeville City Ordinance Chapter 11-30-27 • Redlined Lakeville City Ordinance Chapter 7-15-10 • Ordinance Amending Lakeville City Ordinance 11-30-27 • Ordinance Amending Lakeville City Ordinance 7-15-10 • League of Minnesota Cities Summary of FCC Declaratory Ruling Financial Impact: No Budgeted: Y☐ N☐ Source: Related Documents: Envision Lakeville Community Value: Good Value for Public Services Report Completed by: Allyn Kuennen, Assistant City Administrator September 28, 2020 11-30-27: PROCESSING: Applications required by this chapter to locate a personal wireless service antenna shall be processed in accordance with FCC rules where more restrictive than Minnesota statutes 15.99: A. The city council shall act on a wireless facility request for collocation of a personal wireless antenna upon an existing tower or structure, removal of transmission equipment from an existing tower or structure, or replacement of transmission equipment on an existing tower or structure within a period not longer than sixty (60) days from submission of the request when such collocation, removal, or replacement of transmission equipment does not substantially alter the physical dimensions of the tower or structure B. The city council shall act on wireless facility requests for new construction for antennas and other telecommunications equipment that are not small wireless facilities within a period not longer than ninety (90) days from submission of the request for collocations of a personal wireless service antenna upon an existing tower or structure. BC. The time frames for action by the city council may be extended by mutual consent of the applicant and zoning administrator. CD. An application under this chapter shall not be denied solely on the basis that service is available from another provider. Formatted: Tab stops: 0.19", Left 7-15-10: PERMIT APPLICATIONS: A. Applications: Application for a permit is made to the City on the form provided by the City. Right-of-way permit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions: 1. Registration with the City pursuant to this chapter; 2. Submission of a completed permit application form, including all required attachments. 3. Submission of a detailed description and drawing to a scale, as required by the City, showing the location and area of the proposed project and the location of all known existing and proposed facilities of the permittee in the project area. Drawings and descriptions shall include, but not be limited to, the identification of the obstructions to be placed, the size and depth of any excavation, the schedule for commencement and completion of the proposed project, the identification of the existing right-of-way, the location of existing sidewalks, trailways and other improvements and the location and size of any trees impacted in the designated work area. 4. Payment of all money due the City for: a. Permit fees, estimated restoration costs and other management costs; b. Prior excavation or obstruction permits; c. Any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; d. Franchise fees or other charges, if applicable. 5. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least one hundred ten percent (110%) of the amount owing. 6. Application for a permit may not be filed more than ten (10) weeks prior to the anticipated installation start date proposed by the right-of-way user or prior to construction plan completion by the subdivider's engineer. B. Deadline For Action: 1. The City shall approve or deny a small wireless facility permit application for attachment of a small wireless facility using a new structure within ninety (90) days after receiving a complete application. The small wireless facility permit, and any associated encroachment or building permit shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. 2. The City shall approve or deny a small wireless facility permit application for collocation of a small wireless facility using a preexisting structure within sixty (60) days after receiving a complete application. Formatted: Font: (Default) Segoe UI, 12 pt, Font color:Custom Color(RGB(33,37,41)) Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Font: (Default) Segoe UI, 12 pt, Font color:Custom Color(RGB(33,37,41)) Formatted: Font: (Default) Segoe UI, 12 pt, Font color:Custom Color(RGB(33,37,41)) C. 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 by the City, provided that all small wireless facilities in an application: 1. Are located within a two-mile radius; 2. Consist of substantially similar equipment; and 3. Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. D. Tolling Of Deadline For Action: The applicable sixty (60) or ninety (90) day deadline for action may be tolled if: 1. The City receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than thirty (30) small wireless facilities. In such case, the City may extend the ninety (90) day deadline for all such applications by an additional thirty (30) days by informing the affected applicants in writing of such extension. 2. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within thirty (30) business days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the City's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant's submittal of additional information in response to a notice of incompleteness, the City has ten (10) days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the sixty (60) or ninety (90) day deadline for action. 32. The City and applicant may agree in writing to toll the review period. ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11, CHAPTER 30 OF THE LAKEVILLE CITY CODE CONCERNING APPLICATIONS FOR WIRELESS FACILITY PERMITS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 11-30-27 of the Lakeville City Code is amended in its entirety to read as follows: 11-30-27: PROCESSING Applications required by this chapter to locate a personal wireless service antenna shall be processed in accordance with FCC rules where more restrictive than Minnesota Statutes Section 15.99: A. The city council shall act on a wireless facility request for collocation of a personal wireless antenna upon an existing tower or structure, removal of transmission equipment from an existing tower or structure, or replacement of transmission equipment on an existing tower or structure within a period not longer than sixty (60) days from submission of the request when such collocation, removal, or replacement of transmission equipment does not substantially change the physical dimensions of the tower or structure. B. The city council shall act on a wireless facility request for new construction for antennas and other telecommunication equipment that are not small wireless facilities within a period not longer than ninety (90) days from submission of the request. C. The time frames for action by the city council may be extended by mutual consent of the applicant and the zoning administrator. D. An application under this chapter shall not be denied solely on the basis that service is available from another provider. SECTION 2. Effective Date. This ordinance shall take effect from and after its passage and publication. ADOPTED by the Lakeville City Council this _____ day of __________, 2020 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDIANANCE AMENDING TITLE 7, CHAPTER 15 OF THE LAKEVILLE CITY CODE CONCERNING APPLICATIONS FOR SMALL WIRELESS FACILITY PERMITS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 7-15-10 B. of the Lakeville City Code is amended in its entirety to read as follows: B. Deadline For Action: 1. The City shall approve or deny a small wireless facility permit application for attachment of a small wireless facility using a new structure within ninety (90) days after receiving a complete application. 2. The City shall approve or deny a small wireless facility permit application for collocation of a small wireless facility using a preexisting structure within sixty (60) days after receiving a complete application. SECTION 2. Section 7-15-10 D. of the Lakeville City Code is amended in its entirety to read as follows: D. Tolling Of Deadline For Action: The applicable sixty (60) or ninety (90) day deadline for action may be tolled if: 1. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within thirty (30) business days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the City's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant's submittal of additional information in response to a notice of incompleteness, the City has ten (10) days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the sixty (60) or ninety (90) day deadline for action. 2. The City and applicant may agree in writing to toll the review period. SECTION 3. Effective Date. This ordinance shall take effect from and after its passage and publication. ADOPTED by the Lakeville City Council this _____ day of __________, 2020 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk FCC Declaratory Ruling Impacts Process for Modifying Certain Existing Wireless Facilities June 15, 2020 Expanded guidance for the modification of certain existing wireless facilities may require cities to review their wireless siting practices. The Federal Communications Commission (FCC) adopted a Declaratory Ruling on June 9 to clarify provisions of its rules implementing Section 6409(a) of the 2012 Spectrum Act. Section 6409 regulates the placement or modification of wireless facilities on an existing wireless tower or base station. It provides that cities must approve modifications to certain existing wireless facilities within 60 days or the permit is deemed granted. The Declaratory Ruling interprets several provisions in FCC rulemaking that implement Section 6409(a). The new ruling may prompt local governments to revise wireless siting ordinances, regulations, processes, or permitting. A summary of the changes, which took effect on June 10, are below. 60-day ‘shot clock’ Existing rules require local governments to approve 6409(a) “eligible facilities requests” within 60 days from the date the application is filed. If a request to modify an existing facility is not acted upon within 60 days, it is deemed granted, unless the application is determined to not be an eligible facility under the act. The ruling clarifies that the shot clock begins when an applicant “takes the first procedural step” as a part of the local government review process and “submits written documentation showing that a proposed modification is an eligible facilities request.” The ruling also clarifies that: The first procedural step cannot be outside of the applicant’s control and must be objectively verifiable. Local governments cannot delay the commencement of the shot clock by defining the “first step” as a combination of steps, such as a series of meetings. Local governments cannot delay the commencement of the shot clock by requesting documentation other than the documentation required under the FCC rules or requiring documentation to accompany a meeting before the shot clock starts. If a local government does not have established procedures for 6409(a) applications, “the applicant can consider the first procedural step to be the submission of filing that is typical to initiative zoning or siting review such as wireless facilities outside of 6409(a), outdoor tower, or pole installation.” Height increases Existing FCC rules for eligible facilities requests deem that a modification to a tower outside the right of way is considered a “substantial change” and not an eligible facilities request if it “increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater.” The ruling states that “separation” of existing antenna means the distance from the top of the antenna to the bottom of the proposed antenna. This means that the local government is barred from denying a 6409(a) application to add more than 20 feet to the height of a tower outside the right of way if there is not more than 20 feet between the top of the existing tower and the bottom of the new antenna array. Other clarifications The rule also: Clarifies that an “equipment cabinet” includes small pieces of equipment such as remote radio heads and units, amplifiers, transceivers, and that the maximum number of added cabinets is for each separate request and not cumulative. Limits concealment to “elements of a stealth-designed facility intended to make the facility look like something other than a wireless tower or base station,” and does not include location elements previously approved. Points out that environmental assessments are not needed if applicants have entered into a memorandum of agreement to mitigate effects of impact to historic properties. Notice of Proposed Rulemaking Along with the Declaratory Ruling, the FCC also issued a new Notice of Proposed Rulemaking seeking comment on proposed rules that would allow providers to expand wireless facilities to areas not previously considered by a city. The League of Minnesota Cities, National Association of Telecommunications Officers and Advisors, National League of Cities, and other organizations will be filing comments and continue to advocate for the preservation of local authority when it comes to siting wireless facilities. —Read the Declaratory Ruling and Notice of Proposed Rulemaking (pdf)