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HomeMy WebLinkAboutVIII-05 Approve Aesthetics Policy – Small Cell Wireless Installations on City Infrastructure City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Nick Egger – Public Works Director Date: April 10, 2019 Item: Approve Aesthetic Policy – Small Cell Wireless Equipment Council Action Requested: Council is requested to approve a policy on aesthetic expectations for small cellular equipment installations that are authorized to occur under City Ordinance 90.07. Background Information: Small cell equipment is the next step in the evolution of this communications technology. A large push was made by industry in 2016-2017 nationwide to begin to deploy small cell installations. In Minnesota, this largely took place in the core cities of the metro area in advance of the Super Bowl. To stay ahead of the industry and set in place processes for regulating these deployments, cities were urged by the League of MN Cities and others to adopt changes to their codes. Hastings’ code revisions were made in 2017. Since that time the FCC has recently mandated that all cities having regulations on small cell technology also adopt policies setting expectations for the aesthetics and locations of equipment and poles. The FCC’s ruling requires these policies to be published by April 15th. City Attorney Dan Fluegel and I have worked to develop the attached policy, relying on guidance and templates from the League of MN Cities, as well as several example policies already in existence in other communities. The proposed policy is commensurate with expectations and standards set in these reference documents. Although it appears that the rate of installations in the metro area may have slowed somewhat since the initial push, and although we have not received any applications to date, we do expect over the next several years to encounter interest from carriers to deploy small cell technology in the City of Hastings, and with the adoption of this policy we will be prepared to regulate it for the best interests of all in the community. Financial Impact: The City is entitled to charge lease rates to small cell operators for each location where they make an installation of equipment on a city-owned utility or light pole, or a new standalone site location, and this has already been codified in Chapter 90.07 with the aforementioned updates made in 2017. There is no financial impact to the City for adoption of the aesthetic policy. Attachments: • Proposed Aesthetics Policy VIII-05 City of Hastings Small Wireless Aesthetic Standards Policy Findings The City desires the most advanced and highest quality wireless services available. The City also wishes to minimize the negative impacts associated with wireless facility deployments including small wireless facilities. Such negative impacts may include interference with right-of-way sight lines, aesthetic impacts that are inconsistent with the surrounding area, fall zone and clear zone risks, navigation obstacles, interference with future right-of-way improvement or transportation improvement plans, interference with the installation or maintenance of other utilities, and increased visual or noise pollution. To address such impacts, any person desiring to collocate small wireless facilities or place new wireless support structures in the right-of-way must first obtain a small wireless facility permit pursuant to the City’s right-of-way ordinance, Code Section 90.07. Moreover, any person seeking to collocate small wireless facilities on an existing wireless support structure owned or controlled by the City must first enter a standard collocation agreement. The following aesthetic standards and requirements are intended to maintain the City’s aesthetic environment while also allowing for the availability wireless services, including broadband and “5G” services, using small wireless facilities. These standards are intended to establish clear and consistent aesthetic standards for small wireless facility placements in the City and establish a streamlined review and approval process. The City will make these standards publicly available. These standards apply to all small wireless facility permit applications for placement of small wireless facilities on City-owned and non-City-owned support structures (poles), and the placement or replacement of small wireless support structures in the public right-of-way. Compliance with these standards is a requirement for, and condition of, issuance of a small wireless facility permit. Any installation that does not conform to these standards will be in violation of the associated permit and the City’s right-of-way ordinance. In addition to the following standards, the placement of new support structures for small wireless facilities shall be subject to any conditions specified in the small wireless facility permit. Applications to install small wireless facilities or place new support structures in districts zoned for residential uses or within a historic district established by federal or state law or city ordinance, shall further be subject to any conditions contained in the required conditional use permit authorizing such installation. With respect to City-owned support structures, these standards additionally seek to: 1. establish reasonable and practical design requirements for providers to implement when applying for new small wireless facility permits associated with City support structures. 2. minimize unnecessary placement of new poles by encouraging co-location of small wireless facilities. VIII-05 3. in situations where City support structures will be replaced, require that the structures be of a stealth design such that the maximum amount of facilities, including any wiring, are concealed inside the structure. 4. in situations where attachments will be made to existing poles, require that facilities, equipment, cabling, and conduit be concealed through the use of approved shrouding or camouflaging. Section 1. Site Plans Applicants must submit site plans, elevation drawings and structural calculations prepared and signed by a Professional Engineer licensed by the State of Minnesota as detailed below. Site plans must depict any adjoining or nearby existing wireless facilities, with all existing transmission equipment identified; neighboring public improvements; the proposed small wireless facility, with all proposed transmission equipment and other improvements, and; the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks. Site plans must further include: 1. Photo Simulations: For all applications, photo simulations must be included. Such photo simulations must be from at least three line-of-site locations near the proposed project site depicting the viewpoints of the greatest pedestrian or vehicular traffic. 2. Equipment Specifications: For all equipment depicted on the plans, the applicant must include: a. the manufacturer’s name and model number; b. physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware; c. technical rendering of all external components, including enclosures and all attachment hardware. Section 2. Design Standards The City desires to promote aesthetically acceptable and area conforming wireless facilities using the smallest and least intrusive means available to provide small wireless services to the community. All facilities in the public right-of-way must comply with all applicable provisions in this section. Antennas: Antennas must be top-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally attenuates the signal transmitted/received by such antenna) or otherwise concealed to the extent feasible. Cable connections, antenna mounts and other hardware must also be concealed. The 2 VIII-05 radome or other concealment must be non-reflective and painted or otherwise colored to match the existing support structure. The diameter of the antenna or antenna enclosure should not exceed the diameter of the top of the wireless support structure pole, and to the maximum extent practical, should appear as a seamless vertical extension of the pole. Collocation: Collocations between wireless service providers on the same support structure is required wherever feasible. If an applicant chooses to not collocate in areas where options are or appear to be available, the applicant must document the reasons that collocation is infeasible. Concealment: Concealment elements must be incorporated into the proposed design of the small wireless facility installation, and must include approved camouflaging or shrouding techniques. All equipment, including cables and wires, must be fully concealed on the support structure and shall match the color of the support structure. All equipment enclosures including electric meters shall be as small as feasible, and in no case shall the total volume of enclosures mounted on a small wireless support structure exceed six cubic feet in volume. Pole-Mounted Equipment Cages/Shrouds: When facilities are permitted to be pole- mounted, facilities other than the antenna(s), electric meter and disconnect switch must be concealed within an equipment shroud. The facilities must be installed at a height that presents the least aesthetic impact, but in no event lower than 15 feet above ground level. The equipment shroud must be non-reflective and painted, wrapped or otherwise colored to match the support structure. Shrouds must be mounted flush to the support where feasible. Standoff mounts must provide the minimum separation distance from the support structure necessary for feasibility. Tree Impacts: Tree “topping” or improper pruning of trees for gaining of clearance between a wireless support structure and/or antenna equipment is prohibited without explicit approval by the City. New Poles: New support structures must be the same color as neighboring, similar support structures and of the same design characteristics. Ground-Mounted Equipment: Ground-mounted equipment must be installed below grade or, if technically necessary, concealed in a ground-mounted cabinet. In addition to any applicable requirements in the City’s right-of-way ordinance, Code Section 90.07, ground mounted cabinets must: 1. be installed flush to the ground; 2. be the same color as neighboring, similar support cabinets or other ground-mounted structures; 3. on or adjoining sidewalks, trails, or other similar passageways, not interfere in any way with the flow of pedestrian, bicycle or vehicular traffic or violate any applicable local, state or federal safety or design standards; 3 VIII-05 4. conform to the American’s with Disabilities Act (ADA) including with respect to appropriate sidewalk spacing; and 5. not create a safety hazard; 6. Signage, Logos, Decals, & Cooling Fans: a. Signage: The small wireless facility operator/permittee shall post its name, location identification information, and emergency telephone number in an area on the cabinet to the small cell facility that is visible to the public. Signage shall not exceed 4 inches x 6 inches. b. Logos: The small wireless facility operator/permittee shall remove or paint over unnecessary equipment manufacturer decals in a color that matches the wireless support structure as approved by the City. Small wireless facilities and wireless support structures shall not include advertisements and may only display information required by federal, state, or local agencies. c. Cooling Fans: All equipment must use a passive cooling system unless otherwise substantiated by the operator/permittee and approved by the City. Any active cooling system considered for approval by the City shall have a low noise profile, and the operator/permittee shall submit equipment specifications for review. Lights: Unless otherwise required for compliance with FAA or FCC regulations, small wireless facilities shall not include any lights or lighting. This subsection does not prohibit installations on streetlights or the installation of luminaires or additional street lighting on new support structures if and where required by the City. Section 3. Location Criteria Obstructions: Any new support structure or other facilities associated with a new or existing support structure must not obstruct access to: 1. any existing above-ground or underground right-of-way user facilities, or public facilities; 2. any public infrastructure for traffic control, streetlight or public transportation purposes, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; 3. any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations); 4. fire hydrants; 5. any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; and/or; 6. any fire escapes; and/or 7. Other public infrastructure owned and maintained by the City. Section 4. New and Replacement Support Structures 4 VIII-05 New Support Structures: Any new support structures shall be placed: 1. a minimum of 250 feet from any existing support structure or pole, and 2. at a distance which is the same as the prevailing separation distance among existing structures and poles in the surrounding vicinity as agreed upon by the applicant and City, or determined by the City where agreement cannot be reached. 3. as functional streetlights as the City may require, in its reasonable discretion. 4. in alignment with existing trees, utility poles, and streetlights. 5. an equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. 6. with appropriate clearance from existing utilities. 7. outside of a 20-foot equipment clear zone (for base cabinets less than 18-inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners. 8. so as not to be located along the frontage of a Historic building, deemed historic on a federal, state, or local level. 9. so as not to significantly create a new obstruction to property sight lines. 10. at shared property lines if feasible. 11. not within 15 feet of the apron of a fire station or other emergency service responder facility. Replacement of City-Owned Support Structures: Any replaced support structures shall remain in their existing location unless otherwise permitted by the City. Replacement pole height shall not exceed 50 feet, or the height of the existing pole, whichever is greater. New and Replacement Structures. All support structures must: • be constructed of aluminum or stainless steel. • where constructed as a light pole, luminaire(s) and luminaire arm(s) must match adjacent city lighting standard and must contain a light fixture in accordance with City specifications 5 VIII-05