Resolution Creating a New Legislative Policy 8-J, Small Cell Wireless Facility Aesthetic Guidelines; Stadler\\
Apri15, 2019 City of Hopkins Council Report 2019-039
ADOPT RESOLUTION 2019-032, ESTABLISHING LEGISLATIVE POLICY 8-J,
SMALL WIRELESS FACILITY DESIGN AND AESTHETIC REQUIREMENTS
Proposed Action
Staff recommends the following motion: Move that Citv Council adopt Resolution 2019-032,
approvin� new Le�islative Policv 8-J Small Wireless Facility Design and Aesthetic
Requirements.
Overview
In 2017, the State Legislature expanded existing statute language to allow the deployment of
small wireless facilities in the right of way. Subsequently, in November 2017 City Council
approved a revision to the City's ROW management section of the City Code, Section 805. That
revision laid out certain requirements for telecom carriers when installing wireless facilities in
the ROW. In January 2019 an FCC order came out which allows for certain reasonable aesthetic
requirements, such requirements must be set as policy by cities within 180 days after the FCC
rule publication, i.e. April 15, 2019. Staff is proposing that City of Hopkins requirements be set
out in a new legislative policy. In developing the policy, staff reviewed criteria set in several
other municipalities and also considered that most new small cell deployments would likely be
within the Central Business District. The aesthetic requirements address issues including color,
antenna enclosures, placement of poles, etc. There doesn't appear to be any telecom carriers
currently seeking small wireless deployment in Hopkins. However, Verizon has told us they
could be seeking sites here in 2020 or 2021.
Staff recommends adopting the resolution to create new legislative policy.
Supporting Information
• Resolution 2019-032
• Proposed Legislative Policy 8-J
• League of Minnesota Cities April 1, 2019 Small Wireless publication
Steven J. Stadler, Public Works Director
Financial Impact: n/a Budgeted: Y/N n/a
Source:
Related Documents (CIP, ERP, etc.): Notes:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2019-032
RESOLUTION ESTABLISHING NEW LEGISLATIVE POLICY 8-J, SMALL WIRELESS FACILITY
DESIGN AND AESTHETIC REQUIREMENTS
WHEREAS, the City of Hopkins desires the most advanced and highest quality wireless services
while minimizing the associated negative impacts; and
WHEREAS, The Federal Communications Commission has published an order which allows for
certain aesthetic requirements regarding deployment of small wireless facilities within the ROW; and
WHEREAS, such aesthetic requirements must be provided for and published in approved City policy.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota that
Legislative Policy 8-J, Small Wireless Facility Design and Aesthetic Requirements is hereby approved
setting certain design & aesthetic requirements for small wireless facilities deployed within the public
rights-of-way.
Adopted by the Hopkins City Council on this 9th day of April, 2019.
BY
Jason Gadd, Mayor
ATTEST:
Amy Domieier, City Clerk
POLICY 8-J
SMALL WIRELESS FACILITY DESIGN AND AESTHETIC
REQUIREMENTS
I. PURPOSE AND COMPLIANCE
In implementing City Code, Section 805, Right-of-Way Management, the City Council of
the City of Hopkins (the "City") finds that in order to protect the public health, safety and
welfare of its citizens and to reasonably manage and protect the public rights-of-way (the
"ROW") and its uses in the City, it is in the best interest of the City and its residents and
businesses to establish Small Wireless Facility Design Guidelines (the "Guidelines") to
provide the aesthetic requirements and other specifications and reasonable conditions that
small wireless facilities and wireless support structures installed within the public ROW
must meet prior to and following installation. The guidelines apply to either the use of an
existing pole or a new replacement pole.
The objective of these Guidelines is to strike a balance between preserving and protecting
the character of the City through careful design, siting, and camouflaging techniques to
blend these facilities into their surrounding environment and provide other reasonable
conditions upon such placement and use of the ROW, while enhancing the ability of
small wireless facilities carriers to deploy small wireless facilities and wireless support
structures in the City effectively and efficiently so that residents, businesses, and visitors
benefit from ubiquitous, and robust wireless service availability.
These Guidelines apply to requests to locate small wireless facilities in the ROW and
ongoing use of the ROW for such purposes. These Guidelines are established pursuant to
City Code, Section 805 and applicable law. These Guidelines are administered through
the permitting process contained therein as conducted by the Department of Public
Works. These guidelines apply to small wireless facilities and wireless support structures
installed within the public ROW and are in addition to the requirements contained within
City Code, Section 805 and the Standard Small Wireless Facility Colocation Agreement
and the individual Supplemental Agreement for each small wireless facility.
Placement or modification of a small wireless facilities and/or wireless support structures
shall comply with these Guidelines at the time the permit for installation or modification
is approved and as amended from time to time. Wireless service providers and
permittees are required to comply with City Code, Section 805.
II. DEFINITIONS
The definitions contained in Minn. Stat. § 237.162 are incorporated into this policy by
reference as though fully set forth herein.
III. APPLICATION REQUIREMENTS
Prior to placing, installing, modifying, relocating or removing a small wireless facility or
wireless support structure in the ROW, or to collocating a wireless facility on an existing
wireless support structure in the ROW, the operator shall apply for and receive a permit
from the City. In addition to the application requirements established in City Code
Section 805, the information identified in this Section III must be included for the
application to be considered complete, except that where such information is already in
the City's possession from previous applications, or where the applicant previously filed
information and specifications for standard materials that are being utilized in the new
application, such information shall be referenced but need not be resubmitted. The City
may require additional information as reasonably necessary to evaluate the application
and the impact of the proposed installation(s) on the public health, safety and welfare or
on use or management of the ROW.
A. PROOF OF AGENT DESIGNATION (IF APPLICABLE):
If the applicant is serving as an agent of a small wireless operator, the applicant must
provide written documentation of the agent designation signed by the operator.
B. MAP
The applicant must include an aerial map showing the location of the proposed or
existing support structure to which the small wireless facility is proposed to be
attached, or from which a small wireless facility is proposed to be removed.
C. PHOTO SIMULATIONS
For all applications to locate small wireless facilities in the ROW, 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 or vehicular traffic.
D. CONSOLIDATED APPLICATIONS
An applicant seeking to construct, modify, collocate or replace more than one small
wireless facility or more than one wireless support structure within the City may file a
consolidated application for multiple small wireless facility requests or wireless
support structure requests provided the requests grouped on a consolidated
application only address substantially the same type of small wireless facilities or
substantially the same type of wireless support structures. (Note: The City may treat
each request individually during application review and processing and when issuing
a determination or applying these guidelines.)
2
E. SITE AND OTHER PLANS AND STRUCTURAL CALCULATIONS
The applicant must include fully dimensioned site plans, elevation drawings and
structural calculations that depict any known existing wireless facilities with all
existing transmission equipment and other improvements, the proposed facility with
all proposed transmission equipment and other improvements, and the legal
boundaries of the existing right-of-way and any associated access and utility
easements. Fully dimensioned site plans shall indicate the spacing from existing
curb, driveways, sidewalks, light poles and any other poles or appurtenances.
F. FULL DESCRIPTION OF NUMBER AND DIMENSIONS OF FACILITIES
AND/OR STRUCTURES TO BE 1NSTALLED
The applicant must include a full description of the number and dimensions of all
small wireless facilities proposed to be installed and the wireless support structure,
either new or existing, to be utilized for each small wireless facility. For all
equipment proposed to be installed, the applicant must include: (1) the manufacturer's
name and model number; (2) physical dimensions, including without limitation,
height, width, depth and weight with mounts and other necessary hardware; and (3)
the ambient noise level generated from the equipment, if any.
G. OWNER'S AUTHORIZATION
For any application to attach a small wireless facility to a wireless support structure
that is not owned by the City, the applicant must submit evidence sufficient to show
that either: (1) applicant owns the proposed support structure; or (2) applicant has
obtained the owner's written authorization to file the application.
IV. AESTHETIC REQUIREMENTS FOR SMALL WIRELESS FACILITIES
A. ANTENNAS AND POLES
1. Each small wireless antenna shall be located entirely within a shroud or canister
type enclosure.
2. The diameter of the antenna enclosure at its widest point should not be wider than
the top of the wireless support structure pole, and to the maximum extent practical,
should appear as a seamless vertical extension of the pole. In no case shall the
maximum diameter of the shroud be wider than one and a half times the diameter
of the top of the pole. The enclosure shall not exceed six cubic feet in volume.
3. All antenna enclosures shall be mounted to the top of the wireless support
structure pole and aligned with the centerline of the wireless support structure.
4. The wireless equipment is not permitted to protrude more than five (5) feet
above the streetlight luminaire or mast arm itself.
5. The mounting height of the luminaire on the streetlight pole or replacement pole
3
shall conform to all surrounding poles of the same use and the mast arm length
of a replacement pole shall match the existing streetlight pole being replaced.
6. The City reserves the right to require one spare replacement pole be provided by
Licensee to the City for each individual pole type or style used in order to allow
for prompt replacement in the event of a knockdown.
7. All pole attached wireless equipment must be a minimum 10 feet above
sidewalk elevation or at least 10 feet above ground level at its lowest point.
8. Tree "topping" or the improper pruning of trees is prohibited. Any proposed
pruning or removal of trees, shrubs or other landscaping already existing in the
ROW must be noted in the application and must be approved by the City.
B. CABLES AND WIRES
All cables, wires and connectors related to the small wireless facility must be
located inside the pole except where such cables or wires attach to the ports in the
antenna.
C. COLORS
All colors shall match the background of any wireless support structure that the
facilities are located upon, including equipment cabinets. Notwithstanding the
foregoing, in the case of existing wood utility poles, finishes of conduit shall be zinc,
aluminum or stainless steel, or colored to match those metal finishes, and equipment
cabinets shall be the color of brushed aluminum.
D. EQUIPMENT ENCLOSURES/CONCEALMENT
Equipment enclosures, including electric meters, shall be as small as possible, but
in no event larger than 28 cubic feet in volume. Ground-mounted equipment shall
incorporate concealment elements into the proposed design matching color and
materials of the wireless support structure, unless other materials or colors are
approved by the City. Concealment may include, but shall not be limited to,
landscaping, strategic placement in less obtrusive locations and placement within
existing or replacement street furniture.
2. Radio equipment shall be fully enclosed within an equipment cabinet or
concealed within the antenna shroud enclosure matching the color and materials
of the wireless support structure, unless other materials or colors are approved by
the City.
3. Landscaping concealing equipment enclosures shall be planted in such quantity
and size such that 100% screening is achieved within two years of installation.
E. SIGNAGE/LOGOS/LIGHTS/DECALS/COOLING FANS
�
l. Signage: The small wireless facility permittee shall post its name, location
identifying information, and emergency telephone number in an area on the
cabinet of the small wireless facility that is visible to the public. Signage required
under this section shall not exceed 4 inches by 6 inches, unless otherwise required by law
(e.g. radio-frequency (RF) ground notification signs) or the City. If no cabinet exists, the
signage shall be placed at the base of the pole.
2. Lights: New small wireless facilities and wireless support structures shall not be
illuminated, except in accord 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.
Logos/Decals: The small wireless facility operator/permittee shall remove or paint
over unnecessary equipment manufacturer decals. The color shall match or shall
be as approved by the City. Small wireless facilities and wireless support
structures shall not include advertisements and may only display information
required by a federal, state or local agency. The small wireless facility
operator/permittee shall utilize the smallest and lowest visibility RF warning
sticker required by government or electric utility regulations. Placement of the
RF sticker shall be as close to th� antenna as possible.
4. Cooling Fans: 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.
V. LOCATION REQUIREMENTS
A. MOST PREFERABLE LOCATIONS
The following are the most preferred areas for new small wireless facilities in the
order of preference (1 being most preferable):
1. Industrial Districts if not adjacent to a park, residential district orhistoric
district.
2. Highway Rights of Way areas if not adjacent to a park, or residential district.
3. Retail and Commercial Districts if not adjacent to a park, or residential
district.
B. COLLOCATION PREFERENCE
It is the City's strong preference that whenever an applicant proposes to place a
new small wireless facility that the applicant collocate the same on existing wireless
support structures.
LEAST PREFERABLE LOCATIONS
The following �are the least preferred areas for new small wireless facilities in the
order of preference (2 being least preferable).
1. Residential Districts
2. Parks
C. CONSIDERATION OF ALTERNATE LOCATIONS
The City reserves the right to propose an alternate location for a small wireless
facility and/or wireless support structure to the location proposed in the application
within one hundred feet of the proposed location or within a distance that is equivalent
to the width of the ROW in or on which the small wireless facility and/or wireless
support structure is proposed, whichever is geater, which the operator shall use if it
has the right to use the alternate location on reasonable terms and conditions and the
alternate location does not impose technical limits or additional costs.
D. GUIDELINES ON PLACEMENT
The City desires to promote cleanly organized and streamlined facilities using the
smallest and least intrusive means available to provide wireless services to the
community. Generally, a small wireless facility and/or wireless support structure shall
match and be consistent with the materials and finish of the wireless support structure,
adjacent City poles, and of the surrounding area adjacent to their location. In the
absence of adjacent City poles, the wireless support structure shall match the materials
and finish of the adjacent utility poles.
The following additional guidelines on placement shall apply:
l. Small wireless facilities and wireless support structures shall be located no
closer than 150 feet away, radially, from another small wireless facility and
wireless support structure.
2. A combination wireless support structure and streetlight pole should only be
located where an existing pole (either Xcel Energy or City-owned) can be
removed and replaced, or at a new location where it has been identified that
a streetlight is necessary.
3. Small wireless facilities and wireless support structures shall be located in a
manner that does not impede, obstruct, or hinder usual public pedestrian or
�
vehicular travel or public safety on a ROW.
4. Small wireless facilities and wireless support structures shall be located in
a manner that does not obstruct the legal use of a ROW by a utility
provider.Small wireless facilities and wireless support structures shall be
located in a manner that does not violate or conflict with the CityCode,
Section 805 or these Guidelines.
5. Small wireless facilities and wireless support structures shall be located in a
manner that does not violate the federal Americans with Disabilities Act.
6. Small wireless facilities and wireless support structures shall be located in a
manner that does not negatively impact the structural integrity of the associated
wireless support structure.
7. Small wireless facilities and wireless support structures shall be located in
alignment with existing trees, utility poles, and streetlights.
8. Small wireless facilities and wireless support structures shall be located 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.
9. Small wireless facilities and wireless support structures shall be located with
appropriate clearance from existing utilities.
10. Small wireless facilities and wireless support structures shall be located so as
not to be located along the frontage of any building deemed to be of historic
significance on a federal, state, or local level.
1 l. Small wireless facilities and wireless support structures shall be located not
within sight triangles at street intersections.
12. New wireless support structures shall not be located directly in front of any
existing residential, commercial or industrial structure.
13. To the greatest extent possible, new wireless support structures shall be
located in line with existing lot lines or an equidistance from any two existing
structures. In areas of the City where multiple structures abut each other
and/or where no side lot setback requirements exist, new wireless support
structures shall not be located directly in front of an entrance or window of
any existing structure.
7
Figure �-- Example of Acceptable Location Between Residential Homes:
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Figure 2— Example of Acceptable Location Between Commercial Buildings:
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VI. LIMITATIONS
i � ; �
I ��. �
While the City fully intends to apply the guidelines established in this policy uniformly to
all small wireless facility applications, there may be circumstances where not every
specific guideline may be met. In these case, City staff will use its reasonable discretion
in approving small wireless facilities permit applications that deviate from the strict
application of this policy.
E'?
VII. EFFECTIVE DATE OF POLICY
This Policy will be effective as of April 10, 2019. Modifications of the Policy will be
effective on the date said modifications are approved by the City Council.
�
Deadline to Adopt and Publish Small Cell Facility Aesthetic Stand... https://www.lxnc.org/page/1/FCCRuIingSmallCellUpdate jsp?ssl=true
0 " f !I in G+
l)eadline to Adopt and Publish Small �ell Facility Aesthetic
Standards Is Apri115
If a city fails to adopt and publish small cell aesthetic requirements by April 15, it may lose the ability to impose such standards.
(Published Apr 1, 2019)
The deadline for cities to adopt and publish aesthetic requirements for small cell wireless facilities is just two weeks away.
A Federal Communications Commission (FCC) order (Link to: https://docs.fcc.gov/public/attachments/FCG18-133Al.pdf?inline=true)
addressing the deployment of small wireless facilities became effective on Jan.14, 2019. Although there have been a number of lawsuits
challenging the FCC order, cities should follow the provisions in the order until they receive judicial guidance that the order is invalid.
While the order preempts some local control over small wireless facilities, the FCC concluded that aesthetic requirements are not
preempted "if they are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3)
objective and published in advance." To be objective, aesthetic requirements "must incorporate clearly defined and ascertainable
standards, applied in a principled manner."
Publication of aesthetic standards applicable to small cell facilities must occur within "180 days after publication of [the FCC order] in
the Federal Register." That date is April 15, 2019.
If a city fails to adopt and publish small cell aesthetic requirements by April 15, it may lose the ability to impose aesthetic standards on
telecommunication users who deploy small wireless facilities in the city.
Publishing the standards
The FCC Order does not state how a city must publish its aesthetic standards. Based on comments from attorneys on a municipal
listserv, each city can determine how to publish its aesthetic requirements. Most cities are publishing their aesthetic requirements on
their city website.
If the city adopts aesthetic requirements by ordinance, it would be required to follow the rules regarding publication of ordinances.
However, the FCC order does not require the city to pass an ordinance to adopt aesthetic standards. The adoption of a policy by the city
council establishing small cell aesthetic standards would meet the requirements of the FCC order.
What to include in the standards
Small cell aesthetic standards reflect the desire to maintain a consistent look within the city. Aesthetic standards may address many
issues, including color, enclosure of antennas, placement on poles, use of decorative poles, concealment of cables and wires,
concealment of ground mounted equipment, prohibition of logos, and landscaping requirements.
In adopting aesthetic standards, the FCC Order prohibits a city from requiring that all small cell facilities be deployed underground. The
FCC concluded that requiring all wireless facilities to be underground would effectively prohibit a telecommunications company from
providing services.
Examples of standards
Cities from around the country have their small cell aesthetic standards online. For samples, check out requirements from a number of
Minnesota cities, including the following:
Coon Rapids (pdfl (Link to: https://www.coonrapidsmn.gov/DocumentCenter/View/7022/Small-Cell-�reless-Facility-Aesthetic-
Requirements-PDF)
Northfield(pdfl(Linkto: https://wwwci.northfield.mn.us/DocumentCenter/View/7253/301---SMALL-WIRELESS-FACILI7'Y-DESIGN-
AND-REVIEW-GUIDELINES-final)
Rochester (pdfj (Linkto: https://www.rochestermn.gov/home/showdocument?id=23441)
Winthrop (pdfl (Linkto: https://wwwwinthropminnesota.com/city/download/city�olicies/2019-01-Small-cell-wireless-aesthetic-
standards.pdf ?inline=true)
Read the current issue of the Cities Bulletin (Link to: http://wwwlmc.org/page/1/cities-bulletin-newsletter.jsp)
1 of 2 4/4/2019, 10:59 AM
Deadline to Adopt and Publish Small Cell Facility Aesthetic Stand... https://www.lmc.org/page/1/FCCRuIingSma11Ce11Update.jsp?ssl=true
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