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.

(Bill No. 2015-10, §§ 1—6)