HomeMy WebLinkAboutOrdinance - 15-2020 - Amending City Code Chapter 6 & 11, Relating to Right-of-Way Permits and Towers & Antennas - 11/26/2020CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 15-2020
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 6, SECTION 6.03 RELATING TO RIGHT-OF-WAY PERMITS AND
CITY CODE CHAPTER 11, SECTION 11.06 RELATING TO TOWERS AND
ANTENNAS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTIONS 6.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 6, Section 6.03, Subdivision 9, is hereby amended by adding the
following new subsection F:
F. Spectrum Act Eligible Facilities Requests. No application for a small wireless
facility permit that involves the modification of an existing wireless support
structure in the right-of-way and that meets the definition of an "eligible facilities
request" under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the "Act"),
shall be approved unless the requested action is in accordance with the requirements
of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be
amended from time to time, and then only in accordance with the following:
1. The applicant shall submit with its small wireless facility permit application
all information necessary for the City to determine whether the request is
an "eligible facilities request" under the Act. Further, the applicant shall
include with the application all information, documents, and fees required
by this Section, a narrative description explaining how the request meets the
definition of an "eligible facilities request" under the Act, and such further
information deemed necessary by the City to determine whether the request
is an "eligible facilities request."
2. A small wireless facility permit that involves an "eligible facilities request"
is not subject to any provision of this Section that is contrary to the Act.
Section 2. City Code Chapter 11, Section 11.06 is hereby amended by adding the following new
Subdivision 14:
Subd. 14. Spectrum Act Eligible Facilities Requests. No application to modify an
existing wireless structure that meets the definition of an "eligible facilities request" under
Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the "Act"), shall be approved
unless the requested action is in accordance with the requirements of the Act and the
regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and
then only in accordance with the following:
A. An applicant shall submit such a request on the form provided by the City. The
application form shall require that the applicant provide all information necessary
for the City to determine whether the request is an "eligible facilities request" under
the Act. Further, the applicant shall include with the application all information,
documents, and fees required by Subdivision 12 of this Section, a narrative
description explaining how the request meets the definition of an "eligible facilities
request" under the Act, and such further information deemed necessary by the City
to determine whether the request is an "eligible facilities request."
B. An application for an "eligible facilities request" shall be approved or disapproved
by the City Manager or his or her designee in accordance with Subdivision 11 of
this Section.
C. "Eligible facilities requests" are not subject to the provisions of this Section 11.06
or any other provisions of Chapter 11 that are contrary to the Act.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation," Section 6.99 entitled "Violation a Misdemeanor
or Petty Misdemeanor," and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
Section 4. This ordinance shall become effective from and after the date of its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day
of October, 2020, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 17th day of November, 2020.
/ ~:---
Ronald A. Case, Mayor
Published in the Sun Sailor on the 26th day of November, 2020.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 15-2020
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 6, SECTION 6.03 RELATING TO RIGHT-OF-WAY PERMITS
AND CITY CODE CHAPTER 11, SECTION 11.06 RELATING TO TOWERS AND
ANTENNAS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTIONS 6.99 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 6, Section 6.03, Subdivision 9, and City
Code Chapter 11, Section 11.06 and is hereby amended by adding the following:
• Adding to Subdivision 9 item F related to Telecommunications Eligible Facilities
Requests
• Adding new Subdivision 14 related to Telecommunications Eligible Facilities Requests
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on November 26, 2020.
(A full copy of the text of this Ordinance is available from City Clerk.)