PC Packet 05.15.18
AGENDA
HUTCHINSON PLANNING COMMISSION
Tuesday,May 15, 2018
5:30 p.m.
1.CALL TO ORDER 5:30 P.M.
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA
A.CONSIDERATION OF MINUTES DATED APRIL 17, 2018
4.PUBLIC HEARINGS
A.CONSIDER A PETITION TO VACATE EASEMENTS AT WHITE HAWK
VILLAGE OUTLOT A.
5.NEW BUSINESS
6.UNFINISHED BUSINESS
B.CONSIDERREVISIONS TO CHAPTER 90; RIGHT-OF-WAY
MANAGEMENT
C.CONSIDER REVISIONS TO CHAPTER 154.119;
TELECOMMUNICATIONS
7.COMMUNICATION FROM STAFF
A.Upcoming Meetings
8.ADJOURNMENT
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday,April 17, 2018
5:30 p.m.
1.CALL TO ORDER 5:30P.M.
The April 17, 2018Planning Commission meeting was called to order by Commissioner
Hantgeat 5:34p.m. Members in bold were present Chair Fahey,Vice Chair Wick,
Commissioner Garberg,Commissioner Wirt,Commissioner Lofdahl,Commissioner
Hantge andCommissioner Forcier. Also present were Dan Jochum,City Planner,Kent
Exner, City Engineer, John Olson, City Public Works,John Paulson, City Environmental
Specialist,Marc Sebora,City Attorneyand Andrea Schwartz, City of Hutchinson Permit
Technician
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA
A.CONSIDERATION OF MINUTES DATED MARCH 20, 2018.
Motion by Commissioner Lofdahl,Second by Commissioner Forcier.Motion
approved.
Motion to Approve–Motion to Reject
4.PUBLIC HEARINGS
A.CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE
PLANNED DEVELOPMENT DISTRICT AND VACATION OFEASEMENTS
FOR SOUTHFORK RIDGE THIRD ADDITION.
Dan Jochum, City Planner addressed the Commission.
Mr. Jochum reviewed the application as outlined in the Commission’s packets.
This is a change in the front setbacks from 25 feet to 20 feet on 11 lots andto
reduceinterior lot lines on 12 lots to zero foot setback and vacate the easements
between the lot lines to allow for twin homes.This development was platted back
in the early 2000’s and had a previous amendments in 2005 and 2007. The current
developer would like to have single family “cottage” homes on the north side of
the development and twin homes on the south side of the development.
Staff is recommending approval of the CUP. The changes are not very different
to the original plan and the lotshave been sitting vacant for some time and it will
be good to see them used.
Minutes
Hutchinson Planning Commission
April 17, 2018
Page 2
Commissioner Hantge asked theaverage depth on lots? The answer was 120 ft.
Commissioner Hantge asked how deep are the proposed homes in relation to
needing the reduced setback?Mr. Jochum commented that this would be more of
a shorterdriveway and not necessarily a larger home, this would help with cost.
Commissioner Wirt asked ifdrainage is currently tied into city storm sewer.Mr.
Jochum answered yes. It will be part of the conditions that all drainage will be
tied into the City.
Josh Baklund 429 Grant Ave–concerned that lotsare too small. Built in this
neighborhood for nice homes. How did this developmentget away with smaller
lot sizes for the zoning? Mr. Jochum noted this is a PUD(Planned Unit
Development). This was set up by a developer back in 2000 and approved by the
City at that time.Not many changes have been made from the original
development. We are not changing lot sizes only the setbacks on the lots. Mr.
Baklund may be coming back to the Zoning Department to look at the original
PUD.
Vitalis Ikem 1348 Southfork Dr SE-Opposed to this change in the PUD thinking
he will experience a loss in his current home price.
Mr. Jochum reiterated that this application is not to change anything with the lot
lines or lot sizes; we are onlychanging some of the setbacks to allow for twin
homes on some of the lots vs. cottage homes and to keep all the lots uniform as
some of the lots already have a 20 foot front setback.
Jerry Buck401 Grant Ave SE–would rather see these lots re-platted at larger
single family homes and not twin homes. There were some neighbors that were
not notified, not sure why.
Tom?-1347 South Fork –did not get a notice, just wanted to let the City know.
Only heard by word of mouth.
Mike Hauan–408 Grant Ave SE–concerned about the 20 foot setback and the
impact it would have on the sidewalk.Mr. Jochum explained that this setback is
from the property line and not the curb.
It was noted that the lots are not changing, just changing the easements.
th
Gus Wurdell 20455 248Cir Hutchinson –Homes planned to be built along the
north side of the road are almost a replica of the homes already in the
neighborhood. Homes along the south side are mostly twin homes. These are nice
homes to be built and are not planning to de-value any homes. Most of these
homes will be walk-outs. The setback he is asking for is mostly to help with the
impervious surface and not so much cost.This development was chosen due to
the homes that were already there and they want to keep the area nice. By having
twin homes there will be less drivewaysas well.
Minutes
Hutchinson Planning Commission
April 17, 2018
Page 3
Nikki Baklund 421 Grant Ave SE–spoke of concern of what the development will
turn into.
There was discussion on the type of homes will be built.
Ron Paggen–1389 Southfork DrSE–concernedabout property values, and
someone to oversee the requirements for the neighborhood if there are any. It has
been stated that the association (if there was one) has been defunct.
Motion by Commissioner Wick,second by Commissioner Wirtto close hearing at
6:26p.m.
It was noted that if nothing is to change on this PUD, the lots will hold single
homes vs. twin homes. That is the only thing that will change.
It was also noted that the Planning Commission is advisory only.
Motion by Commissioner Lofdahlto approve with 6staff recommendations.
Second by Commissioner Wick. Motion approved. Item will be on City Council
consent agenda on 04/24/2018.
Motion to close hearing –Motion to approve with staff recommendations–Motion to reject
B.CONSIDERATION OF A CONDITIONAL USE PERMIT FOR AN
ELECTRONIC RECYCLING FACILITY, STORAGE FACILITY AND
RD
OUTDOOR STORAGE, LOCATED AT 540 3AVE NW.
Dan Jochum, City Planner addressed the Commission.
Mr. Jochum reviewed the application as outlined in the Commission’s packets.
Previously anindustrialplating building and then used for warehouse storage.
First part is to use this building as a recycling facility. Second part is for outdoor
storage, planning staff would like to see screening for outdoor storage. Staff would
like to see screening at least 7 feet tall if not taller. The third part is for storage on
the property. Using “shippingcontainers”. This size of these shipping containers
fallsinto building code and staff does not see this part as being feasible.This also
gets into the Shoreland District and stormwater runoff.
Forcier –can the BO or Fire Chief do inspections to make sure the owner is
maintaining properly? Jochum –Planning Commission can set this as a
requirement.
Wirt –what makes it impermeable? Jochum –either way it is.
Jeff Krueger –owner of Eco Tech –MPCA approved. Mainly electronics.
Minutes
Hutchinson Planning Commission
April 17, 2018
Page 4
rd
Corey Stearns -320 3Ave (Stearnswood) –concerned about outdoor storage.
Commissioner Hantge noted that this was not approved by planning staff.
Forcier –timeframe for storage shipping? Jochum –nothing in ordinance. Need
to use judgement.
Motion by Commissioner Wick,second by Commissioner Forcierto close hearing
at 6:50p.m.
Motion by Commissioner Wirtto approve with 7staff recommendations. Second
by Commissioner Wick. Motion approved. Item will be on City Council consent
agenda on 04/24/2018.
Motion to close hearing –Motion to approve with staff recommendations–Motion to reject
C.CONSIDER REVISIONS TO CHAPTER 90; RIGHT-OF-WAY
MANAGEMENT
Dan Jochum, City Planner addressed the Commission.
Mr. Paulsonreviewed the application as outlined in the Commission’s packets.
Jay Littlejohn–attorney –small cell is more than just phones. Used for other
sources like pace makers and c –pap machinesto relay information to doctors and
sleep study centers. ROW area is for “generally applicable” items to the public.
Routine maintenance is also noted in the state statute that a permit is not required.
Any work on these devices is routine maintenance (such as swapping out a card).
Motion by Commissioner Wick,second by Commissioner Forcierto close hearing
at 7:11p.m.
Staff will make amendmentsand resend to the group. This will be brought back
to planning commission next month for decision.
D.CONSIDER REVISIONS TO CHAPTER 154.119; TELECOMMUNICATIONS
John Paulson,addressed the Commission.
Mr. Paulsonreviewed the difference between the two ordinances.
The 154.119 relates more to small cell on private property.
Jay Littlejohn –attorney –request for language change
Minutes
Hutchinson Planning Commission
April 17, 2018
Page 5
Motion by Commissioner Lofdahl,second by Commissioner Forcierto close
hearing at 7:17p.m.
No action will be taken at this time. This will be addressed at next month’smeeting
5.NEW BUSINESS
6.UNFINISHED BUSINESS
Retaining wall color will be changed to match the City retaining wall color.
7.COMMUNICATION FROM STAFF
A.Upcoming Meetings
Dan Jochum noted that we have 3applicationfor theMayPlanning Commission
meetingat this time.
8.ADJOURNMENT
Motion by Commissioner Wick, Second by Commissioner Lofdahlto adjourn at
7:20p.m.
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From:Dan Jochum, AICP and City of Hutchinson Planning Staff
Date:May 10,2018forMay15, 2018, Planning Commission Meeting
Application:Petition toVacateEasements at White Hawk Village Outlot A.
Applicant:Gus Wurdell
Vacation of Easements
The property ownerisrequesting to vacate a portion of an easementwithin Outlot A. The
easement area previously contained a private street but that street was removed when the White
Hawk Village Development, located to the south of the Outlot A, was developed.The purpose
of the existing easement is to ensure access to the utilities that are located within the easement
area.
Vacation of Easement
White Hawk Village Outlot A.
Planning Commission –5/15/18
Page 2
GENERAL INFORMATION
Existing Zoning:R-3
Property Location:White Hawk Village –Outlot A near Bluejay Dr. SWand
Blackhawk Dr. SW
Existing Lot Sizes:NA
Proposed Lot Size:NA
Existing Land Use:Vacant
Adjacent Land Use
And Zoning:Residential. R3
Comprehensive
Land Use Plan:Medium Density Residential Neighborhood
Zoning History:This property was re-platted in 2014as White Hawk Village
Applicable
Regulations:City Charter Section 13.05
Vacation of Easements:
The applicant is seeking to vacate a relatively small portion of the existing easement on Outlot A
(See attached survey). As you can see, The northerlyline of the easement extends across Outlot
A in a straight line, however all of the utilities in the easement area angle down tothe southwest
slightly. The old road that was removed when White Hawk Village was platted had also angled
slight SW on the west side of Outlot A. Because of the way the utilities in this area angle to the
SW, staff is comfortable with vacating a portionof this easement.
The applicant is proposing a concept that will need to be formalized with a plat at some point in
the future. That concept would feature one twin home fronting Bluejay Dr. SW and another twin
home front Blackhawk Dr. SW (see attached sketch). Vacating the easement as noted,allows
enough room for two lots on the west side of Outlot Athat would each accommodate half of a twin
home.
Staff would like to note that at which point this area is platted several items will need to be
addressed, including:
Comprehensive grading plan by a Professional Engineer
Curb and gutter must be replaced where old streetsintersected City streets.
Sidewalk need to be completed on west side where it was removed.
Utility services shall come from rear of property and not the street.
Utility stubs are required for each lot.
Vacation of Easement
White Hawk Village Outlot A.
Planning Commission –5/15/18
Page 3
Vacation: Section 13.05 of the City Charter states: “A majority of the council may by resolution
vacate any street, alley or any public grounds within the city. Such vacation may be made only
after published notice and an opportunity of affected property owners and public to be heard, and
upon such further terms and by such procedure as is prescribed in MN Stat 412.851, and which
the council by resolution may prescribe. A notice of completion of such proceedings shall be
filed with the proper county officers in accordance with law.”
Recommendation:
Staff recommends approval of the vacation and release of easementas described in thevacation
of easement exhibit.
ORDINANCE NO. 18-0783
AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF ORDINANCES
TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS-OF-WAY IN THE
PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION
OF RIGHT-OF-WAY PERMITS.
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTAORDAINS:
Chapter 90of the Code of Ordinances is hereby repealed in its entirety, and is replaced by the
following new Chapter 90to read as follows:
CHAPTER 90RIGHT-OF-WAY MANAGEMENT
§90.01. Findings, Purpose, and Intent.
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its
streets and the appropriate use of the rights-of-way, the Citystrives to keep its rights-of-way in
a state of good repair and free from unnecessary encumbrances.
Accordingly, the Cityhereby enacts this new chapter of this code relating to right-of-way permits
and administration. This chapter imposes reasonable regulation on the placement and maintenance
of facilities and equipment currently within its rights-of-way or to be placed therein at some future
time. It is intended to complement the regulatory roles of state and federal agencies. Under this
chapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for
their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from
persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes Sections 237.16, 237.162,237.163, 237.79, 237.81, and 238.086
(the "Act") and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing
applicable rights of the Cityand users of the right-of-way. This chapter shall also be interpreted
consistent with Minnesota Rules 7819.0050 —7819.9950and Minnesota Rules Chapter 7560
where possible. To the extent any provision of this chapter cannot be interpreted consistently with
the Minnesota Rules, that interpretation most consistent with the Act and other applicable
statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and
police powers of the Cityto adopt and enforce general ordinances necessary to protect the health,
safety and welfare of the public.
§90.02. Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the Cityunder state and federal statutory, administrative
and common law, the Cityhereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage
rights-of-way within its jurisdiction.
§90.03. Definitions.
The following definitions apply in this chapter of this code. References hereafter to
"sections" are, unless otherwise specified, references to sections in this chapter. Defined
terms remain defined terms, whether or not capitalized.
Abandoned Facility.Afacility no longer in service or physicallydisconnected from a portion of
the operating facility, or from any other facility, that is in use or still carries service. A facility is
not abandonedunless declared so by the right-of-way user.
Applicant.Any person requesting permission to excavate,obstruct, or operate a small
wireless facility ina right-of-way.
City.The City ofHutchinson,Minnesota. For purposes of Section 90.28,Cityalso means the
City’s elected officials, officers, employees and agents.
CityEngineer.The CityEngineer of the public works department of the City, or his or her
designee.
Collocate or Collocation.To install, mount, maintain, modify, operate, or replace a small
wireless facility on, under, within, or adjacent to an existing wireless support structureor utility
polethat is owned privately, or by the Cityor other governmental unitto minimize obstructions
and impacts in the Right-of-Way.
Commission.The State Public Utilities Commission.
Congested Right-of-Way.Acrowded condition in the subsurface of thepublic right-of-way that
occurs when the maximum lateral spacing between existing underground facilities does not allow
for construction of new underground facilities without using hand digging to expose the existing
lateral facilities in conformance with Minnesota Statutes, section 216D.04subdivision 3, over a
continuous length inexcess of five hundred (500)feet.
Department. The department of public works of the City.
Emergency.Acondition that:
(A)poses a danger to life or health, or of a significant loss of property; or
(B)requires immediate repair or replacement of facilities in order to restore service to a
customer.
Equipment.Any tangible asset used to install, repair, or maintain facilities in any right-of-way.
Excavate.To dig into or in any way remove or physically disturb or penetrate any part of a
right-of-way.
Excavation permit. The permit which, pursuant to this chapter, must be obtained before a
person may excavate in a right-of-way. An Excavation permit allows the holder to excavate
that part of the right-of-way described in such permit.
Excavation permit fee. Money paid to the Cityby an applicant to cover the costs as provided
in Section 90.13.
Facility or Facilities.Anytangible asset in the right-of-way required to provide Utility
Service.
Hole.An excavation in the pavement, with the excavation having a length less than the width
of the pavement.
Local Representative.Alocal person or persons, or designee of such person or persons,
authorized by a registrant to accept service and to make decisions for that registrant regarding
all matters within the scope of this chapter.
Management Costs. The actual costs the Cityincurs in managing its rights-of-way, including
such costs, if incurred, as those associated with registering applicants; issuing, processing, and
verifying right-of-way or small wireless facility permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during right-
of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately
performed after providing notice and the opportunity to correct the work; and revoking right-of-
wayor small wireless facilitypermits. Management costs do not include payment by a
telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a
third-party contractor used by theCityincluding fees tied to or based on customer counts,
access lines, or revenues generated by the telecommunications right-of-way user, or for the City,
the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997,
Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under
those sections, or the Cityfees and costs related to appeals taken pursuant to Section 90.31of
this chapter.
Micro Wireless Facility.A small wireless facility that is no larger than 24 inches long, 15
inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Obstruct. To place any tangible object in a right-of-way so as to hinder freeand open passage
over that or any part of the right-of-way.
Obstruction Permit.The permit which, pursuant to this chapter, must be obtained before a
person may obstruct a right-of-way, allowing the holder to hinder free and open passage over
the specified portion of that right-of-way, for the duration specified therein.
Obstruction Permit Fee.Money paid to the Cityby a permittee to cover the costs as provided
in Section 90.13
Patch or Patching.Amethod of pavement replacement that is temporary in nature. A patch
consists of:
(A)the compaction of the subbase and aggregate base, and
(B)the replacement, in kind, of the existing pavement for a minimum of two feet beyond the
edges of the excavation in all directions.
Pavement.Any type of improved surface that is within the public right-of-way and that is
paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
Permit.Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162.
Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the Cityunder this chapter.
Person.An individual or entity subject to the laws and rules of this state, however organized,
whether public or private, whether domestic or foreign, whether for profit or nonprofit, and
whether natural, corporate, or political.
Registrant.Any person who:
(A)has or seeks to have its equipment or facilities located in any right-of-way, or
(B)in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its
facilities or equipment in the right-of-way.
Restore or Restoration.The process by which an excavated right-of-way andsurrounding
area, including pavement and foundation, is returned to the same condition andlife expectancy
that existed before excavation.
Restoration Cost.The amount of money paid to the Cityby a permittee to achieve the
level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission
rules.
Public Right-of-Wayor Right-of-Way.The area on, below, or above a public roadway,
highway, street, cartway, bicycle lane, multi-use trailor public sidewalk in which the City
has an interest, including other dedicated rights-of-way for travel purposes and utility
easementsof the City. A right-of-way does not include the airwaves above a right-of-way
with regard to cellular or other nonwire telecommunications or broadcast service.
Right-of-Way Permit.Either the excavation permit or the obstruction permit, orboth,
depending on the context, required by this chapter.
Right-of-Way User.
(A)Atelecommunications right-of-way user as defined by Minnesota Statutes, section
237.162, subd. 4; or
(B)a person owning or controlling a facility in the right-of-way that is used or intendedto
be used for providing utility service, and who has a right under law, franchise,
ordinance, or as authorized by the Cityto use the public right-of-way.
Service or Utility Service. Includes:
(A)thoseservices provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4
and 6;
(B)services of atelecommunications right-of-way user, including transporting of voice or
data information;
(C)servicesof a cable communications systems as defined in Minn. Stat. Chapter. 238;
(D)natural gas or electric energy or telecommunications services provided by the City;
(E)services provided by a cooperative electric association organized under Minn. Stat.,
Chapter 308A; and
(F)water, and sewer, including service laterals, steam, cooling or heating services.
Service Lateral.An underground facility that is used to transmit,distribute or furnish gas,
electricity, communications, or water from a common source to an end-use customer. A
service lateral is also an underground facility that is used in the removal of wastewater from a
customer's premises.
Small Wireless Facility.
(A)A wireless facility that meets both of the following qualifications:
(1)each antenna is located inside an enclosure of no more than six (6) cubic feet in
volume or could fit within such an enclosure; and
(2)all other wireless equipment associated with the small wireless facilityprovided such
equipment is, in aggregate,no more than twenty eight (28)cubic feet in volume,not
including electric meters, concealment elements, telecommunications demarcation
boxes, battery backup power systems, grounding equipment, power transfer switches,
cutoff switches, cable, conduit, vertical cable runs for the connection of power and
other services, and any equipment concealed from public view within or behind an
existing structure or concealment.
(B)Amicro wireless facility.
Supplementary Application. An application made to excavate orobstruct more of the right-
of-way than allowed in, or to extend, a permit that had already been issued.
Temporary Surface.The compaction of subbase and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It istemporary in nature
except when the replacement is of pavement included in theCity's two-year plan, in which
case it is considered full restoration.
Trench.An excavation in the pavement, with the excavation having a length equal to or greater
than the width of the pavement.
TelecommunicationsRight-of-WayUser.Aperson owning or controlling a facility in the
right-of-way, or seeking to own or control a facility in the right-of-way thatis used or is
intended to be used forproviding wireless service, ortransporting telecommunication or other
voice or data information. For purposes of this chapter, a cable communication system defined
and regulated under Minn.Stat. Chap. 238, and telecommunicationactivities related to
providing natural gas or electric energy services,a public utility as defined in Minn. Stat. Sec.
216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps.
453 and 453A, or a cooperative electric association organized under Minn.Stat. Chap. 308A,
are not telecommunications right-of-way users for purposes of this chapterexcept to the extent
such entity is offering wireless service.
Utility Pole. A structure that is:
(A)owned or operated by:
(1)a public utility;
(2)a communications service provider;
(3)a municipality;
(4)an electric membership corporation; or
(5)a rural electric cooperative;
(B)and isdesigned and used to:
(1)carry lines, cables, or wires for telephone, cable television, or electricity; or
(2)provide lighting.
Wireless Facility. Equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including equipment associated with
wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup
power supplies, anda small wireless facility, but not including wireless support structures,
wireline backhaul facilities, or cables between utility poles or wireless support structures, or not
otherwise immediately adjacent to and directly associated with a specific antenna.
Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the
use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using
wireless facilities. Wireless service does not include services regulated under Title VI of the
Communications Act of 1934, as amended, including cable service.
Wireless Support Structure.Anew or existing structure in a right-of-way designed to
support or capable of supporting small wireless facilities,as reasonably determined by the City.
§90.04 Administration.
The City Engineeris the principal Cityofficial responsible for the administration of the rights-of-
way, right-of-way permits, and the ordinances related thereto. The City Engineermay delegate
any or all of the duties hereunder.
§90.05. Registration and Right-of-Way Occupancy.
(A)Registration.Each person who occupies or uses, or seeks to occupy or use, the right-of-
way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must
register with the City. Registration will consist of providing application information
(B)Registration Prior to Work.No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof, in any
right-of-way without first being registered with the City.
(C)Exceptions.Nothing herein shall be construed to repeal or amend the provisions of a
Cityordinance permitting persons to:
(1)Plant or maintain boulevard plantings or gardens in the area of the right-of-way
between their property and the street curb. Persons planting or maintaining boulevard
plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall
not be required to obtain any permits or satisfy any other requirements for planting
or maintaining such boulevard plantings or gardens under this chapter. However,
nothing herein relieves a person from complying with the nuisance provisionsof
Hutchinson CityCode orMinn. Stat. Chap. 216D, Gopher One Call Law.
(2)Enter into a franchise agreement with the City.
§90.06. Registration Information.
(A)Information Required.The information provided to the Cityat the time of
registration shall include, but not be limited to:
(1)Each registrant's name, Gopher One-Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
(2)The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(3)A certificate of insurance or self-insurance:
(a)Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or a form
of self-insurance acceptable to the City;
(b)Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the;
(i)use and occupancy of the right-of-way by the registrant, its officers, agents,
employees and permittees, and
(ii)placement and use of facilities and equipment in the right-of-way by the
registrant, its officers, agents, employees and permittees, including, butnot
limited to, protection against liability arising from completed operations,
damage of underground facilities and collapse of property;
(c)Naming the Cityas an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to
all such coverages;
(d)Requiring that the Citybe notified thirty (30) days in advance of cancellation
of the policy or material modification of a coverage term; and
(e)Indicating comprehensive liability coverage, automobile liability coverage,
workers compensation and umbrella coverage established by the Cityin
amountssufficient to protect the Cityand the public and to carry out the
purposes and policies of this chapter.
(f)The Citymay require a copy of the actual insurance policies.
(g)If the person is a corporation, a copy of the certificate is required to be filed under
Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State.
(h)A copy of the person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other authorization or approval from the
applicable state or federal agencyto lawfully operate, where the person is
lawfully required to have such authorization or approvalfrom said commission or
other state or federal agency.
(B)Notice of Changes.The registrant shall keep all of the information listed above current at
all times by providing to the Cityinformation as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
§90.07. Permit Requirement.
(A)Permit Required.Except as otherwise provided in this code, no person may obstruct or
excavate any right-of-way, or install or placefacilities in the right-of-way,without first
having obtained the appropriate right-of-way permit from the Cityto do so.It is a
misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway,roadway
surfacing, small wireless facilities, or place obstructionsin any street or other public
property in the Citywithout a permit.
(1)Right-of-Way Excavation Permit. An excavation permit is required by a registrant to
excavate that part of the right-of-way described in such permit and to hinder free and
open passage over the specified portion of the right-of-way by placing facilities
described therein, to the extent and for the duration specified therein.
(2)Right-of-Way Obstruction Permit. An obstruction permit is required by a registrant to
hinder free and open passage over the specified portion of right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the duration
specified therein. An obstruction permit is not required if a person already possesses a
valid excavation permit for the same project.
(3)Right-of-Way Small Wireless Facility Permit.A small wireless facility permit is
required by a registrant to erect or install awireless support structure, to collocate a
small wireless facility, or to otherwise install a small wireless facilityin the specified
portion of the right-of-way, to the extentspecified therein, provided that such permit
shallremain in effect for the length of time the facility is in use, unless lawfully
revoked.
(B)Permit Exceptions.A right-of-way permit is not required for:
(1)ACityemployee acting within the course and scope of his or her employment;
(2)A contractor acting within the course and scope of a contract with the City; or
(3)A franchisee acting within the course and scope of its franchise from the Cityor other
permission or authorization from the City.
(C)Permit Extensions.No person may excavate or obstruct the right-of-way beyond the date
or dates specified in the permit unless
(1)such person makes a supplementary application for another right-of-way permit
before the expiration of the initial permit, and
(2)anew permit or permit extension is granted.
(D)Permit Display.Permits issued under this chapter shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for
inspection by the City.
§90.08.Permit Applications.
Application for a permit is made to the City. Right-of-way permit applications shall contain, and
will be considered complete only upon compliance with, the requirements of the following
provisions:
(A)Registration with the Citypursuant to this chapter;
(B)Submission of a completed permit application form, including all required attachments,
and scaled drawings showing the location and area of the proposed project and the
location of all known existing and proposed facilities.
(C)Payment of money due the Cityfor:
(1)permit fees, estimated restoration costs and other management costs;
(2)prior obstructions or excavations;
(3)any undisputed loss, damage, or expense suffered by the Citybecause of applicant's
prior excavations or obstructions of the rights-of-way or any emergency actions taken
by the City;
(4)franchisefees, collocation fees,or other charges, if applicable.
§90.09. Issuance of Permit; Conditions.
(A)Permit Issuance.If the applicant has satisfied the requirements of this chapter, the City
shall issue a permit.
(B)Conditions.The Citymay impose reasonable conditions upon the issuance of the permit
and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.In addition, a permittee
shall comply with all requirements of local, state and federal laws, including but not
limited to Minnesota Statutes §§ 216D.01 -.09 (Gopher One Call Excavation Notice
System) and Minnesota Rules Chapter 7560.
(C)Small Wireless Facility Conditions.In addition to (B) Conditions above, the erection or
installation of a wireless support structure, the collocation of a small wireless facility, or
other installation of a small wireless facility in the right-of-way,shall be subject to the
followingconditions:
(1)A smallwireless facilityshall only be collocated onthe particular wireless support
structure, under those attachment specifications, and at the heightindicatedin the
applicable permit application.
(2)No new wireless support structure installed within the right-of-way shall exceed fifty
(50) feet in heightwithout the City’s written authorization, providedthatthe City
may deny apermit to protect the public health, safety and welfare orto protect the
right-of-way and its current use, and further provided that aregistrant may replace an
existing wireless support structureexceeding fifty (50)feet in heightwith a structure
of the same heightsubject to such conditionsor requirements as may be imposed in
the applicable permit.
(3)No wireless facility may extend more than ten (10)feet above its wireless support
structure.
(4)Where an applicant proposes to install a new, or replace an existing utility pole for
use as a wireless support structure in the right-of-way, the Citymay impose
separation requirements between such structure and any existing wireless support
structure or other facilities in and around the right-of-way.
(5)Where an applicant proposes collocation on a decorative wireless support structure,
sign or other structure not intended to support small wireless facilities,the Citymay
impose reasonable requirements to accommodate theparticulardesign, appearance or
intended purpose of suchstructure.
(6)Where an applicant proposes to install a new or replacementwireless support
structure, the Citymay impose reasonable restocking, replacement, or relocation
requirements on the replacement of such structure.
(7)Maintenance and Modifications
(a)Coordination of Maintenance and Equipment Upgrade Activities -Prior to
telecommunication right-of-way userengaging in planned or routine maintenance
activities, or equipment upgrades with equipment that is substantially similar or
smaller in size, weight, height, and wind or structural loading concerning small
wireless facility equipment attached to a City, County, or Utility owned pole,
telecommunication right-of-way usershall provide twenty (20) days advance
notice to the Cityin order to coordinate such maintenance activities or other
public safety functions.Such twenty (20) day advance notice shall not be required
in the case of an emergency.
(b)Prior to making any othermodifications to the small wireless facility described in
Section 7(A) above, other than maintenance and repair of site specific small
wireless facility equipment as provided in the Small Wireless Facility Collocation
Agreement, telecommunication right-of-way usershall file aRight-of-WaySmall
Wireless Facility Permit Application with the Citydescribing the proposed
modifications. The Cityshall review the Right-of-Way Small Wireless Facility
Permit Application pursuant to the terms and conditions in the Small Wireless
Facility CollocationAgreement, and if approved such Right-of-Way Small
Wireless Facility Permit Application shall be attached as an Exhibit and made a
part hereto. Any additional site modifications shall be incorporated hereto in the
same manner.
(8)All Small Wireless Facilityinstallations within ahistoric district shall be stealth
installations subject to the review of the Minnesota State Historic Preservation Office
(SHPO) in order to satisfy that the installations are compatible with the regulations
applicable to the district. Telecommunications right-of-way usersshall implement
design concepts, and the use of camouflage or stealth materials, as necessary in order
to achieve compliance with SHPO review, the City’sand other applicable regulations
as amended. Prior to submitting a Right-of-Way Small Wireless FacilityPermit
Applicationfor an installation proposed in a historic district,the applicant shall meet
with SHPO to discuss any potential design modifications appropriate for the
installation.
(9)All Small Wireless Facilityinstallationswithin the right-of-wayshall be allowedin
all zoning districts, except that an applicant may only install a new wireless support
structureby conditional use permit in the following zoning districts:
(a)R-1, single-family residential;
(b)R-2, medium density residential;
(c)R-3, medium-high density residential;
(d)R-4, high density residential;
(D)Small Wireless Facility Collocation Agreement.Asmall wirelessfacility shall only be
collocated on a small wireless support structureowned or controlled by the City, or any
other Cityasset in the right-of-way,afterthe applicant has executed a standard small
wireless facility collocation agreement with the City.The standard collocation agreement
mayrequire fees in accordance with M.S. §237.162, Subd. 6(g) and the City fee schedule
as they may be amended from time to time, and:
(1)Up to $150 per year for rent tocollocate on the Citystructure.
(2)$25 per year for maintenance associated with the collocation;
(3)A monthly fee for electrical service as follows:
(a)$73 per radio node less than or equal to 100 maximum watts;
(b)$182 per radio node over 100 maximum watts; or
(c)The actual costs of electricity, if the actual cost exceed the foregoing.
Thestandardcollocation agreement shall be in addition to, and not in lieuof, the required
right-of-way small wireless facility permit,provided, however, that theapplicantshall not
beadditionallyrequired to obtain a license or franchisein order to collocate.Issuance of
aright-of-way small wireless facility permit does not supersede, alter or affectany then-
existing agreement between the Cityand applicant,
§90.10Action on Right-of-WaySmall Wireless Facility Permit Applications.
(A)Deadline for Action.The Cityshall approve or deny a right-of-way small wireless
facilitypermit application withinninety (90)days after filing of such application.The
right-of-way small wireless facility permit, and any associated building permit
application, shall be deemed approved if the Cityfails to approve or deny the application
within the review periodsestablished in this section.
(B)Consolidated Applications.An applicant may file a consolidated right-of-way small
wireless facility permit application addressing the proposed collocation of up to fifteen
(15)small wireless facilities, or a greater number if agreed to by the City, provided that
all small wireless facilities in the 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 Citymay 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.
§90.11.Permit Fees.
(A)Excavation Permit Fee.The Cityshall impose an excavation permit fee in an amount
sufficient to recovermanagement costs.
(B)Obstruction Permit Fee.The Cityshallimposeestablish anobstruction permit fee in an
amount sufficient to recover management costs.
(C)Small Wireless Facility Permit Fee. The Cityshall impose asmall wireless facility
permit fee in an amount sufficient to recover:
(1)management costs, and;
(2)Cityengineering, make-ready, and construction costs associated with collocation of
small wireless facilities.
(D)Payment of Permit Fees.No right of way permit shall be issued without payment of all
applicablepermit fees. The Citymay allow applicant to pay such fees within thirty (30)
days of billing.
(E)Non Refundable.Permit fees that were paid for a permit that the Cityhas revoked for a
breach as stated in Section 90.23are not refundable.
(F)Application to Franchises.Unless otherwise agreed to in a franchise, management costs
may be charged separately from and in addition to the franchise fees imposed on a right-
of-way user in the franchise.
§90.12. Right-of-Way Patching,Restoration, and Construction
(A)Timing.The work to be done under the right-of-way permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates
specified in the permit, increasedby as many days as work could not be done because of
circumstances beyond the control of the permittee or when work was prohibited as
unseasonal or unreasonable under Section 90.17.
(B)Patch and Restoration.Permittee shall patch its own work. The Citymay choose
either to have the permittee restore the right-of-way orto restore the right-of-way
itself.
(1)CityRestoration.If the Cityrestores the right-of-way, permittee shall pay the costs
thereof within thirty (30) days of billing. Upon receipt of the Right-of-Way Permit
Application, the CityEngineer shall cause investigation to be made as he or she may
deem necessary to determine estimated cost of repair, such as backfilling,
compacting, resurfacing and replacement, and the conditions as to the time of
commencement of work, manner of procedure and time limitation upon the
excavation. The foregoing estimated costs shall include permanent and temporary
repairs due to weather or other conditions, and the cost of the investigation shall be
included in the estimate. Payment of the estimated costs shall be made before the
permit is issued.If, following such restoration, the pavement settles due to permittee's
improper backfilling, the permittee shall pay to the City, within thirty (30) days of
billing, all costs associated with correcting the defective work.
(2)Permittee Restoration.If the permittee restores the right-of-way itself, all
construction and reconstruction of roadway surfacing, sidewalk and curb and gutter
improvements, including curb cuts, shall be strictly in accordance with specifications
and standards on file in the office of the CityEngineer and open to inspection and
copying there. The specifications and standards may be amended from time to time
by the City, but shall be uniformly enforced.
(C)Sidewalk, Curb and Gutter; Construction.Methods of procedure:
(1)Primary responsibility. It is the primary responsibility of the owner of property upon
which there is abutting any sidewalk to keep and maintain that sidewalk in safe and
serviceable condition.
(2)Notice; no emergency. Where, in the opinion of the CityEngineer, no emergency
exists, notice of the required repair or reconstruction shall be given to the owner of
the abutting property. The notice shall require completion of the work within ninety
(90)days, and shall be mailed to the owner or owners shown to be owners on the
records of the county officer who mails tax statements.
(3)Notice; emergency. Where, in the opinion of the CityEngineer, an emergency exists,
notice of the required repair or reconstruction shall be given to the owner of the
abutting property. The notice shall require completion of the work within ten days,
and shall be mailed to the owner or owners shown to be owners on the records of the
county officer who mails tax statements.
(4)Failure of owner to reconstruct or make repairs. If the owner of the abutting property
fails to make repairs or accomplish reconstruction as herein required, the City
Engineer shall report that failure to the Council and the Council may order the work
to be done under its direction and the cost thereof assessed to the abutting property
owner as any other special assessment.
(5)Abutting or affected property owners may contract for, construct or reconstruct
roadway surfacing, sidewalk or curb and gutter in accordance with this section if
advance payment is made therefor or arrangements for payment considered adequate
by the Cityare completed in advance.
(6)With or without petition by the methods set forth in the Local Improvement Code of
Minnesota Statutes, M.S. Ch. 429, as it may from time to time be amended.
(D)Curb Setback.
(1)Permit required. It is a misdemeanor for any person to hereafter remove, or cause to
be removed, any curb from its position abutting upon the roadway to another position
without first making application to the Council and obtaining a permit therefor.
(2)Agreement required.
(a)No permit shall be issued until the applicant, and the abutting landowner if other
than the applicant, shall enter into a written agreement with the Cityagreeing to
pay all costs of constructing and maintaining the setback area in at least as good
condition as the abutting roadway, and further agreeing to demolish and remove
the setback and reconstruct the area to its previous conditionat the expense of the
landowner, or his or her heirs or assigns, if the area ever, in theCity’s opinion,
becomes a public hazard.
(b)This agreement shall be recorded in the office of the County Recorder, and shall
run with the adjoining land.
(3)Signposting. “Angle Parking Only” signs shall be purchased from the Cityand
erected and maintained atthe expense of the adjoining landowner in all setback areas
of this type now in use or hereafter constructed. It is unlawful for any person to park
other than at an angle in these setback areas, as angle parking is described and
allowed in this code of ordinances.
(4)Public rights preserved. Setback parking areas shall be kept open for public parking,
and the abutting landowner shall at no time acquire any special interest or control of
or in these areas.
(E)Standards.The permittee shall perform excavation, backfilling, patching andrestoration
according to the standards and with the materials specified by the Cityand shall comply
with Minnesota Rule 7819.1100.
(F)Duty to Correct Defects.The permittee shall correct defects in patching or restoration
performed by permittee or its agents. The permittee upon notification from the City,
shall correct all restoration work to the extent necessary, using the method required by
the City. Said workshall be completed within five (5) calendar days of the receipt of the
notice from the City, not including days during which work cannot be done because of
circumstances constituting force majeure or days when work is prohibited as
unseasonable or unreasonable under Section 90.17.
(G)Failure to Restore.If the permittee fails to restore the right-of-way in the manner and to
the condition required by the City, or fails to satisfactorily complete all restoration
required by the Cityin a timely manner, the Cityat its option may do such work. In the
event that work is not performed in accordance therewith, or shall cease or be abandoned
without due cause, the Citymay, after giving notice to the holder of the permit of its
intention to do so, correct the work, fill the excavation and repair the public property,
and the cost thereof shall be paid by the person holding the permit.
(H)Cost Adjustment.Within sixty (60)days following completion of the permanent repairs,
the CityEngineer shall determine actual costs of repairs, including cost of investigation,
and prepare and furnish to the permit holder an itemized statement thereof and claim
additional payment from, or make refund (without interest) to, the permit holder, as the
case may be.
(I)Alternate Method of Charging. In lieu of the above provisions relating to cost and cost
adjustment for street openings, the Citymay charge on the basis of surface square feet
removed, excavated cubic feet or a combination of surface square feet and excavated
cubic feet, on an established unit price uniformly charged.
§90.13. Joint Applications.
(A)Joint application.Registrants may jointly apply for permits to excavate or obstruct the
right-of-way at the same place and time.
(B)Shared fees.Registrants who apply for permits for the same obstruction or excavation,
which the Citydoes not perform, may share in the payment of the obstruction or
excavation permit fee. In orderto obtain a joint permit, registrants must agree among
themselves as to the portion each will pay and indicate the same on their applications.
(C)With Cityprojects.Registrants who join in a scheduled obstruction or excavation
performed by the City, whether or not it is a joint application by two or more registrants
or a single application, are notrequired to pay the excavation or obstruction and
degradation portions of the permit fee, but a permit would still be required.
§90.14. Supplementary Applications.
(A)Limitation on Area.A right-of-way permit is valid only for the area of the right-of-way
specified in the permit. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater
than that specified in the permit must be obstructed or excavated must before working in
that greater area (i) make application for a permit extension and pay any additional fees
required thereby, and (ii) be granted a new permit or permit extension.
(B)Limitation on Dates.A right-of-way permit is valid only for the dates specified in the
permit. No permittee may begin its work before the permit start date or, except as
providedherein, continue working after the end date. If a permittee does not finish the
work by the permit end date, it must apply for a new permit for the additional time it
needs, and receive the new permit or an extension of the old permit before working after
the end date of the previous permit. This supplementary application must be submitted
beforethe permit end date.
§ 90.15. Other Obligations.
(A)Compliance withOther Laws.Obtaining a right-of-way permit does not relieve permittee
of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees
required by the Cityor other applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including but not limited to
Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System)
and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance
with all applicable codes and established rules and regulations, and is responsible for all
work done in the right-of-way pursuant to its permit, regardless of who does the work.
(B)Prohibited Work.Except in an emergency, and with the approval of the City, no right-of-
way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
(C)Interference with Right-of-Way.A permittee shall not so obstruct a right-of-way that the
natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles of those doing work in the right-of-way may not be
parked within or next to a permit area, unless parked in conformance with Cityparking
regulations. The loading or unloading of trucks must be done solely within the defined
permit area unless specifically authorized by the permit.
(D)Trenchless excavation.As a condition of all applicable permits, permittees employing
trenchless excavation methods, including but not limited to Horizontal Directional
Drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and
Minnesota RulesChapter 7560 and shall requirepotholing or open cutting over existing
underground utilities before excavating, asdetermined by the CityEngineer.
(E)Obstructions in Right-of-Way. It is a misdemeanor for any person to place, deposit,
display or offer for sale, any fence, goods or other obstructions upon, over, across or
under any street without first having obtained a written permit from the Council, and
then only in compliance in all respects with the terms and conditions of that permit, and
taking precautionary measures for the protection of the public. An electrical cord or
device of any kind is hereby included, but not by way of limitation, within the definition
of an obstruction.
(1)Fires.It is a misdemeanor for any person to build or maintain a fire upon a right-of-
way.
(2)Dumping in Streets.
(a)It is a misdemeanor for any person to throw or deposit in any street any nails,
dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage,
leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease
or other petroleum products, or to empty any water containing salt or other
injurious chemical thereon, except for leaves raked into the gutter line
specifically for and in compliance with a municipal leaf pick up program.
(b)It is a violation of this section to haul any material of this type, inadequately
enclosed or covered, thereby permitting the same to fall upon streets.
(c)It is also a violation of this section to place or store any building materials or
waste resulting from building construction ordemolition on any street without
first having obtained a written permit from the City.
(3)Signs and Other Structures. It is a misdemeanor for any person to place or maintain a
sign, advertisement or other structure in any street without first having obtained a
written permit from the City. In a district zoned for commercial or industrial
enterprises, special permission allowing an applicant to erect and maintain signs
overhanging the street may be granted upon terms and conditions as may be set forth
in the zoning or construction provisions in Title XV of this code of ordinances.
(4)Placing Snow or Ice in a Roadway or on a Public Sidewalk or Trail.
(a)It is a misdemeanor for any person not acting under a specific contract with the
City, or without special permission from the CityAdministrator, to remove snow
or ice from private property and place the same in any roadway. Snow or ice on
driveways, sidewalks and the like shall not be pushed across traveled portions of
roadways and may only be stored on private property or on rights-of-way
adjacent to the private property. The Citymay assess the cost of removal of snow
or ice against the affected property owner pursuant to the provisions of § 90.32,
(C)of this chapter.
(b)Where permission is granted by the CityAdministrator, the person to whom that
permission is granted shall be initially responsible for payment of all direct or
indirect costs of removing the snow or ice from the street or sidewalk. If not paid,
collection shall be by civil action or assessment against the benefitted property as
any other special assessment.
(F)Uses of Right-of-Way.Purpose: Rights-of-wayprovide many public benefits, including
providing for placement of utilities, roadway safety and maintenance, and access to and
protection of private property. Therefore, the Cityof Hutchinson regulates utilization of
rights-of-way to retain these and other public benefits of rights-of-way.
(1)Authority, permission and procedure. Upon an application duly made to the City
Administrator and reviewed and recommended by the CityEngineer, the Council
may, in its discretion, grant special permission whereby on-street parking or the use
of Cityowned parking lots or ramps or public sidewalks may be temporarily or
permanently prohibited or restricted for private reasons and purposes(including, but
not limited to, establishment of private or leased parking, loading zones or benches)
at places, on terms and for consideration as the Council may deem just and equitable.
In establishing the amount of the consideration to be paid to the City, the Council
shall consider the amount of space, location thereof, if any, public inconvenience and
hazards to persons or property. Upon complaint of any aggrieved person at any time
and by reason of any specific special permission so granted, the Council shall, at its
next regular meeting after receipt of the complaint, call a hearing thereon to be held
after ten days’ notice in writing to applicant and complainant and published notice at
least ten days prior to the hearing. After the hearing, the Council shall by resolution
decide whether to terminate, continue or redefine the terms of the permission, and
the decision shall be final and binding on all persons directly or indirectly interested
therein; except that, the Council may, on its own motion, reconsider the same.
(2)Permanent and semi-permanent fixtures in rights-of-way require a franchise from the
City. Franchise agreements for permanent or semi-permanent fixtures must be
approved by the CityCouncil. Other uses of rights-of-way may be regulatedby
permit or ordinance as the Council sees fit.
(3)Permanent and semi-permanent fixtures shall include, but are not limited to, the
following:
(a)Fixtures that are affixed to the ground by posts or foundations.
(b)Fixtures not affixed to the ground, but of size, mass, and/or dimension that may
adversely affect the public function of the right-of-way.
(c)Fixtures specifically exempt from the definition of permanent or semi-permanent
fixtures include:
(i)Traffic control devices placed by a road authority,as defined by Minnesota
Statute 160.02.
(ii)Boulevard trees and landscaping features approved by a road authority.
(iii)Fixtures required to provide municipal utilities.
(4)Permanent and semi-permanent fixtures shall conform to the following
requirements:
(a)After placement of afixture, there shall remain at least six (6) feet of
unobstructed sidewalk in commercial districts and four (4) feet of unobstructed
sidewalk in residential and industrial districts where sidewalk exists. In all cases
where trails exist, ten (10) feet ofunobstructed trail shall remain.
(b)Fixtures shall not block any traffic control device and shall not exceed thirty (30)
inches in height within the sight triangle area, defined as: that triangular area
formed by the hypotenuse of measurements twenty-five (25) feet each direction
from the intersection of corner property lines. A greater distance may be
required as determined by the City.
(c)Fixtures shall not pose unreasonable safety hazards because of the type of
materials, objects or property placed within rights-of-way.
(d)Fixtures shall not unreasonably restrict other necessary or beneficial uses of
rights-of-way.
(e)Nothing herein shall prohibit:
(i)The repair of fixtures and related appurtenances placed within rights-of-way
by existing franchisees, a road authority, or municipal utilities.
(ii)The placement of mailboxes approved by the United States Postal Service.
(iii)The placement of driveways and accesses to private property otherwise
permitted.
(5)Maintenance of rights-of-way.
(a)Work to maintain properties within rights-of-way is allowed by the Cityand
franchisees, as governed by Code Section 90.04.
(b)Materials, objects or property may be placed in rights-of-way by the Cityor
under permit from the Cityin association with community and special events.
(c)Landscape restoration by the Cityand franchisees shall consist of restoring
disturbed areas within rights-of-way with turf grasses.
(6)Other uses of rights-of-way.
(a)No use of rights-of-way shall cause a nuisance, hazard, danger, or sight
obstruction for any traffic, vehicles, pedestrians, or bicyclists using the right-of-
way. The Citymay at its discretion remove, or order to be removed, at the
owners expense, any property causing such nuisance, hazard, danger or sign
obstruction and/or require appropriate warnings be placed.
(b)The owner of property placed within rights-of-way shall be liable for any
damage, theft, vandalism, etc. of any fixture, item, object or property placed
within rights-of-way or any damage caused thereby. The owner of any such
property so placed shall hold the Cityharmless in any claims therefor.
(7)Unlawful acts. It is unlawful for any person to park or otherwise infringe upon a
grant of right under this section, when clearly and distinctly marked or signposted. It
is unlawful for any person not granted such a right to assert the same, or for any
grantee of such a right to exceed the same under claim thereto.
(8)Condition. Before granting any permit under any of the provisions of this section, the
Council may impose insurance or bonding conditions thereon as it, considering the
projected danger to public or private property or to persons, deems proper for
safeguarding those persons and property. The insurance or bond shall also protect the
Cityfrom any suit, action or cause of action arising by reason thereof.
(9)Curb and Gutter, Street and Sidewalk Painting or Coloring. It is unlawful for any
person to paint, letter or color any street, sidewalk or curb and gutter for advertising
purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose,
except as the same may be done by Cityemployees acting within the course or scope
of their employment; provided, however, that, this provision shall not apply to
uniformly coloring concrete or other surfacing, or uniformly painted house numbers,
as that coloring may be approved by the CityAdministrator.
§ 90.16. Denial or Revocation of Permit.
(A)Reasonsfor Denial.The Citymay deny a permit for failure to meet the requirements and
conditions of this chapter or if the Citydetermines that the denial is necessary to protect
the health, safety, and welfare or when necessary to protect the right-of-way and its
current use.
(B)Procedural Requirements.The denial or revocation of a permit must be made in writing
and must document the basis for the denial. The Citymust notify the applicant or right-
of-way user in writing within three business days of the decision to deny or revoke a
permit. If anapplication is denied, the right-of-way user may address the reasons for
denial identified by the Cityand resubmit its application. If the applicationis resubmitted
within thirty (30)days of receipt of the notice of denial,noadditionalapplication fee
shall be imposed. The Citymust approve or deny the resubmittedapplication within
thirty (30)days after submission.
§ 90.17. Installation Requirements.
(A)Standards for Installation.The excavation, backfilling, patching and restoration, and all
other work performed in the right-of-way shall be done in conformance with Minnesota
Rules 7819.1100 and 7819.5000 and otherapplicable localrequirements, in so far as
they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163.
Installation of service laterals shall be performed in accordance with Minnesota Rules
Chapter 7560 and these ordinances. Service lateral installation is further subject to those
requirements and conditions set forth by the Cityin the applicable permits and/or
agreementsreferenced in Section 90.24(B)of this ordinance.
(B)Requirement of Sewer and Water Laterals.No petition for the improvement of a street
shall be considered by the Council if the petition contemplates constructing therein any
part ofa pavement or stabilized base, or curb and gutter, unless all sewer and water main
installations shall have been made therein, including the installation of service laterals to
the curb, if the area along the street will be served by those utilities installed in the street.
(C)Sewer System Service and Water Main Service Laterals. No sewer system shall be
hereafter constructed or extended unless service laterals to platted lots and frontage
facing thereon shall be extended simultaneously with construction of mains.
(D)Waiver. The Council may waive the requirements of this section only if it finds the
effects thereof are burdensome and upon notice and hearing as the Council may deem
necessary or proper.
§90.18. Inspection.
(A)Notice of Completion.When the work under any permit hereunder is completed, the
permittee shall furnish a notice of completion or have a final inspection performed by
the City.
(B)Site Inspection.Permittee shall make the work-site available to the Cityand to all
others as authorized by law for inspection at all reasonable times during the execution
of and upon completion of the work.The CityEngineer shall inspect improvements
as deemed necessary or advisable. Any work not done according to the applicable
specifications and standards shall be removed and corrected at the expense of the
permit holder. Any work done hereunder may be stopped by the CityEngineer if
found to be unsatisfactory or not in accordance with the specifications and standards,
but this shall not place a continuing burden upon the Cityto inspect or supervise this
type of work.
(C)Authority of CityEngineer.
(1)At the time of inspection, the CityEngineermay order the immediate cessation of
any work whichposes a serious threat to the life, health, safety or well-being of the
public.
(2)The CityEngineermay issue an order to the permittee for any work that does not
conform to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the permit. Within ten (10) days after issuance of the order, the
permittee shall present proof to the CityEngineerthat the violation has been
corrected. If such proofhas not been presented within the required time, the City
Engineermay revoke the permit pursuant to Section90.23.
§90.19. Work Done Without a Permit.
(A)Emergency Situations.Each registrant shall immediately notify the CityEngineerof any
event regarding its facilities that it considers to be an emergency. The registrant may
proceed to take whatever actions are necessary to respond to the emergency. Excavators'
notification to Gopher State One Call regarding anemergency situation does not fulfill
this requirement. Within two (2) business days after the occurrence of the emergency,
the registrant shall apply for the necessary permits, pay the fees associatedtherewith,
and fulfill the rest of the requirements necessary to bring itself into compliance with this
chapter for the actions it took in response to the emergency.
If the Citybecomes aware of an emergency regarding a registrant's facilities, the Citywill
attempt to contact the local representative of each registrant affected,or potentially affected,
by the emergency. In any event, the Citymay take whatever action it deems necessary to
respond to the emergency, the cost of which shall be borne by the registrant whose facilities
occasioned the emergency.
(B)Non-Emergency Situations.Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit,
pay double all the other fees required by the Citycode, deposit with the Citythe fees
necessary to correct any damage to the right-of-way, and comply with all of the
requirements of this chapter.
§90.20. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date
given on the permit, permittee shall notify the Cityof the accurate information as soon as this
information is known.
§90.21. Revocation of Permits.
(A)Substantial Breach.The Cityreserves its right, as provided herein, to revoke any right-of-
way permit without a fee refund, if there is a substantial breach of the terms and
conditions of any statute, ordinance, rule or regulation, or any material condition of the
permit. A substantial breach by permittee shall include, but shall not be limited to, the
following:
(1)The violation of any material provision of the right-of-way permit;
(2)An evasion or attempt to evade any material provision of the right-of-way permit, or
the perpetration or attempt to perpetrate any fraud or deceit upon the Cityor its
citizens;
(3)Any material misrepresentation of fact in the application for a right-of-way permit;
(4)The failure to complete the work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee's control; or
(5)The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to Section 90.20.
(B)Written Notice of Breach.If the Citydetermines that the permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the permit, the Cityshall make a written demand upon the permittee to
remedy such violation. The demand shall state that continued violations may be cause
for revocation of the permit. A substantial breach, as stated above, will allow the City, at
its discretion, to place additional or revised conditions on the permit to mitigate and
remedy the breach.
(C)Response to Notice of Breach.Within fourty-eight(48) hours of receiving notification of
the breach, permittee shall provide the Citywith a plan, acceptable to the City, that will
cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved
plan, shall be cause for immediate revocation of the permit.
(D)Reimbursement of Citycosts.If a permit is revoked, the permittee shall also reimburse
the Cityfor the City's reasonable costs, including restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
§90.22. Mapping Data.
(A)Information Required.Each registrant and permittee shall provide mapping
information required by the Cityin accordance with Minnesota Rules 7819.4000
and 7819.4100. Within ninety (90) days following completion of any work
pursuant to a permit, the permittee shall provide theCityEngineeraccurate maps
and drawings certifying the "as-built" location of all equipment installed, owned
and maintained by the permittee. Such maps and drawings shall include the
horizontal and vertical location of all facilities and equipment and shall be
provided consistent with the City's electronic mapping system, when practical or
as a condition imposed by the CityEngineer.Failure to provide maps and
drawings pursuant to this subsection shall be grounds for revoking the permit
holder's registration.
(B)Service Laterals.All permits issued for the installation or repair of service laterals,
other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall
require the permittee's use of appropriate means of establishingthe horizontal
locations of installed service laterals and the service lateral vertical locations in
those cases where the CityEngineerreasonablyrequires it. Permittees or their
subcontractors shall submit to the CityEngineerevidence satisfactory to the City
Engineerof the installed service lateral locations. Compliance with this Chapter
and withapplicable Gopher State One Call law and Minnesota Rulesgoverning
service lateralsinstalledafterDecember31,2005 shall be a condition of any City
approval necessary for:
(1)payments to contractors working on a public improvement project including
those under MinnesotaStatutes Chapter 429 and,
(2)Cityapproval under development agreements or other subdivision or site plan
approval under Minnesota Statutes Chapter 462. The CityEngineer shall
reasonably determine the appropriate method of providing such information to
the City. Failure to provide promptand accurate information on the service
laterals installed may result in the revocation of the permit issued for the work
or future permits to the offending permittee or its subcontractors.
§90.23. Location and Relocation of Facilities.
(A)Placement, location, and relocation of facilities must comply with the Act, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the
extent the rules do not limit authority otherwise available to cities.
(B)Undergrounding.Except for small wireless facilities and wireless support structures and unless
otherwise agreed in a franchiseor other agreementbetween the applicable right-of-way user
and the City, Facilities in the right-of-way must be located or relocated and maintained
underground in accordance with Section153.084 of the CityCode.
(C)Corridors. The Citymay assign a specific area within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or,
pursuant to current technology, the Cityexpects will someday be located within the
right-of-way. All excavation, obstruction, or other permits issued by the Cityinvolving
the installation or replacement of facilities shall designate the proper corridor for the
facilities at issue.Any registrant who has facilities in the right-of-way in a position at
variance with the corridors established by the Cityshall, no later than at the time of the
next reconstruction or excavation of the area where the facilities are located, move the
facilities to the assigned position within the right-of-way, unless this requirement is
waived by the Cityfor good cause shown, upon consideration of such factors as the
remaining economic life of the facilities, public safety, customer service needs and
hardship to the registrant.
(D)Nuisance.One year after the passage of this chapter, any facilities found in a right-of-
way that have not been registered shall be deemed to be a nuisance. The Citymay
exercise any remedies or rights it has at law or in equity, including, but not limited to,
abating the nuisance or taking possession of the facilities and restoring the right-of-way
to a useable conditionand assessing the costs to the property owner.
(E)Limitation of Space.To protect health, safety, and welfare, or when necessary to protect
the right-of-way and its current use, the Cityshall have the power to prohibit or limit the
placement of new or additional facilities within the right-of-way. In making such
decisions, the Cityshall strive to the extent possible to accommodate all existing and
potential users of the right-of-way, but shall be guided primarily by considerations of the
public interest, the public's needs for the particular utility service, the condition of the
right-of-way, the time of year with respect to essential utilities, the protection of existing
facilities in the right-of-way, and future Cityplans for public improvements and
development projects which have been determined to be in the public interest.
§ 90.24Pre-excavation Facilities Location.
In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call
Excavation Notice System") before the start date of any right-of-way excavation, each
registrant who has facilities or equipment in the area to be excavated shall mark thehorizontal
and vertical placement of all said facilitiesthe maximum extent practicable. Any registrant
whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify
and work closely with the excavation contractorto establish the exact location of its facilities
and the best procedure for excavation.
§ 90.25. Damage to Other Facilities.
When the Citydoes work in the right-of-way and finds it necessary to maintain, support, or
move a registrant's facilities to protect it, the Cityshall notify the local representative as early
as is reasonably possible. The costs associated therewith will be billed tothat registrant and
must be paid within thirty (30) days from the date of billing. Each registrant shall be
responsible for the cost of repairing any facilities in the right-of-way which it or its facilities
damage. Each registrant shall be responsible for thecost of repairing any damage to the
facilities of another registrant caused during the City's response to an emergency occasioned by
that registrant's facilities.
§ 90.26. Right-of-Way Vacation.
Reservation of right.If the Cityvacates a right-of-way that contains the facilities of a
registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules
7819.3200.
§ 90.27. Indemnification and Liability
By registering with the City, or by accepting a permit under this chapter, a registrant or
permittee agrees to defend,indemnify,and hold the Cityharmless from any liability for injury
or damage arising out of the action of the applicant in performance of the work, or any expense
whatsoever incurred by the Cityincident to a claim or action brought or commenced by any
person arising therefrom.andin accordance with the provisions of Minnesota Rule 7819.1250.
§ 90.28. Abandoned and Unusable Facilities.
(A)Discontinued Operations.A registrant who has determined to discontinue all or a
portion of its operations in the Citymust provide information satisfactory to the City
that the registrant's obligations for its facilities in the right-of-way under this chapter
have been lawfully assumed by another registrant.
(B)Removal.Any registrant who has abandoned facilities in any right-of-way shall remove it
from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the City.
§90.29. Appeal.
A right-of-way user that:
(A)has been denied registration;
(B)has been denied a permit;
(C)has had a permit revoked;
(D)believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6;
or
(E)disputesa determination of the CityEngineerregardingSection90.24(B)ofthis
ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon
written request, by the CityCouncil. The CityCouncil shall act on a timely written
request at its next regularly scheduled meeting, provided the right-of-way user has
submitted its appeal with sufficient time to include the appeal as a regular agenda item. A
decision by the CityCouncilaffirming the denial, revocation, or fee imposition will be in
writing and supported by written findings establishing the reasonableness of the decision.
§90.30Reservation of Regulatory and Police Powers
A permittee’s rights are subject to the regulatory and police powers of the Cityto adopt and
enforce general ordinances as necessary to protect the health, safety and welfare of the public.
§90.31. Severability.
If any portion of this chapter is for any reason held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affectthe validity of the remaining portions thereof. Nothing in this
chapter precludes the Cityfrom requiring a franchise agreement with the applicant, as allowed
by law, in addition to requirements set forth herein.
§90.32.Ice and Snow on Public Sidewalks and Trails
(A)Ice and snow a nuisance. All snow and ice remaining upon public sidewalks and trails is
hereby declared to constitute a public nuisance and shall be abated by the owner or tenant
of the abutting private property within 24 hours after the snow or ice has ceased to be
deposited. The owner or tenant shall provide a minimum four feet of clearance on the
sidewalk or trail adjacent to their property.
(B)Cityto remove snow and ice; property owner to be billed. The Citymay cause to be
removed from all public sidewalks and trails, beginning 24 hours after snow or ice has
ceased to fall, all snow or ice which may be discovered thereon, and it shall keep a record
of the cost of that removal and the private property adjacentto which accumulations were
found and removed. The owner of the property from which the accumulations were
removed shall be invoiced for payment of those services in the same manner of all City
invoices for services.
(C)Cost of removal to be assessed.Should the bill for removal services remain unpaid, the
CityAdministrator shall, upon direction of the Council and on receipt of the information
provided for in (B)above, extend the cost of the removal of snow or ice as a special
assessment against the lots or parcel of ground abutting on walks which were cleared, and
these special assessments shall at the time of certifying taxes to the County Auditor be
certified for collection as other special assessments are certified and collected.
(D)Civil suit for cost ofremoval. The CityAdministrator shall, in the alternative, upon
direction of the Council, bring suit in a court of competent jurisdiction to recover from
the persons owning land adjacent to which sidewalks and trails were cleared, as provided
in (B)above, the cost of the clearing and the cost and disbursement of a civil action
therefor.
(E)CityAdministrator to report sidewalks cleared. The CityAdministrator shall present to
the Council at its first meeting after snow or ice has been cleared from the sidewalks as
provided in (B)above the report of the Citythereon, and shall request the Council to
determine by resolution the manner of collection to be used as provided in (C)or (D)
above.
§90.33Violations.
Every person violates a section, division or provision of this chapter when he or she performs an
act thereby prohibited or declared unlawful, or fails to act when that failure is therebyprohibited
or declared unlawful and, upon conviction thereof, shall be punished as follows.
(A)Where the specific section, division or provision specifically makes violation a
misdemeanor, the person shall be punished as for a misdemeanor; where a violationis
committed in a manner or under circumstances so as to endanger or be likely to endanger
any person or property, the person shall be punished as for a misdemeanor; where the
person stands convicted of violation of any provision of this chapter, exclusive of
violations relating to the standing or parking of an unattended vehicle, within the
immediate preceding 12-month period for the third or subsequent time, the person shall
be punished as for a misdemeanor.
(B)As to any violation not constituting a misdemeanor under the provisions of division (A)
above, the person shall be punished as for a petty misdemeanor.
(C)Continuing violation. Each day that any person continues in violation of this section shall
be a separate offense and punishable as such.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and
publication.
This Ordinance was passed by the CityCouncil of the Cityof Hutchinson on the ___day of ___
2018.
ATTEST:
_______________________________ _________________________________
Matt Jaunich, CityAdministrator Gary Forcier, Mayor
Date of Publication: month day, 2018
TITLE AND SUMMARY OF ORDINANCE NO. 18-0783
The following Ordinance is hereby publishedby title and summary:
1. Title of Ordinance: Right-of-Way Management
An Ordinance to EnactTitle 9, Chapter 90of the Cityof Hutchinson Code of Ordinances,
Right-of-Way Management.
2. Summary of Ordinance:
This ordinance repeals existing Title9, Chapter 90 of the Hutchinson CityCode, and
enacts a new Chapter 90 to administer and regulate the public rights-of-way in the public
interest, and to provide for the issuance and regulation of right-of-way permitsin the
chapter.
This Chapter applies in the Cityof Hutchinson, Minnesota and to persons outside the City
who are, by contract or agreement with the City, users of rights-of-wayin the City. Except
as otherwise provided herein, the CityEngineer shall administer, implement, and enforce
the provisions of this Chapter.
This Ordinance shall take effect upon publication in accordance with the Hutchinson City
Charter.
3. Availability of Ordinance:
A complete, printed copy of this Ordinance is available for inspection by any person during
regular business hours in the office of the CityClerk,
This Ordinance was passed by the CityCouncil of the Cityof Hutchinson on the ___day of ___
2018.
ATTEST:
_______________________________ _________________________________
Matt Jaunich, CityAdministrator Gary Forcier, Mayor
Date of Publication: month day, 2018
Ordinance No. 18-0784
AN ORDINANCE AMENDING CHAPTER 154 (ZONING) OF THE CITY OF HUTCHINSON CODE
OF ORDINANCES ADDING LANGUAGE IN SECTION 154.119 (TELECOMMUNICATIONS);
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of hearing was duly given and publication of said hearing was duly made and was made to
appear to the satisfaction of the City Council that it would be in the best interests of the City to amend
the Telecommunications Ordinance to add language in Section 154.119 of the City Code as follows:
§ 154.119 TELECOMMUNICATIONS ORDINANCE
(A)Purpose and intent. In order to accommodate the communication needs of the residents,
business and industry while protecting the health, safety and general welfare of the City, the following
regulations are imposed in order to:
(1)Facilitate the use of wireless communication services, television and radio antennas, for
residents, business and industry of the City;
(2)Minimize adverse effects of towers through careful design and site standards;
(3)Avoid potential damage to adjacent properties from tower or antenna failure through
structural standards and setback requirements; and
(4)Maximize the use of existing and approved towers and buildings to accommodate new
wireless telecommunication antennas in order to reduce the number of towers needed to serve the
community; and
(5)To regulate access to and ongoing use of public right-of-way and facilities,such as
water tanks, building roof tops, lighting masts and other structures by telecommunications providers
for their telecommunications facilities.
(6)To regulate small wireless facilities located outside of public right-of-way. Small
wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90 of
Hutchinson City Code.
(B)Definitions
(1)“Accessory Equipment”arethe wires, cables, generators, air conditioning units, and
otherequipment or facilities that are usedwith Antennas.
(2)“Aesthetics”(also known as “Conceal” or “Concealment” or "Stealth Design") refers to
state-of-the-art design techniques used to blend the object into the surrounding environment and to
minimize the negative aesthetic impacts(to be further defined in the review process). Examples of
aesthetic design techniques include architecturally screening roof mounted antennas and accessory
Equipment; integrating Telecommunications Facilities into architectural elements; nestling
Telecommunications Facilities into the surrounding landscape so that the topography or vegetation
reduces their view; using the location that would result in the least amount of visibility to the public,
minimizing the size and appearance of the Telecommunications Facilities; and designing Towers to
appear other than as Towers, such as light poles, power poles, flag poles, and trees..
(3)“Applicant”is any person or entity who files an application for any permit or is party
to any lease agreement required by this Ordinance for the construction, replacement, installation,
operation, or alteration of wireless communication facility or any component thereof.
(4)“Antenna”is any exterior transmitting or receiving device mounted on a Tower,
Monopole, building, or other structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies(excluding radar signals),
wireless telecommunications signals or other communications signals. “Antenna” does not include a
lightningrod.
(5)“Antenna Support Structure”is any new or existing Tower, building, water tower, or
electric transmission tower carrying over 200 kilo volts of electricity that can be used for the location
of Antennas without increasing the height or mass of the existing structure.
(6)“Applicant”shall mean and refer to the person(s), party or entity, owning and/or
operating the transmission equipment proposed in an application.
(6)“City”shall mean and refer to the City of Hutchinson or the authorized agent as
designated by the City Council of the City of Hutchinson.
(7)“Collocation”is the sharing of structures by two or more wireless service providers on
a single support structure or otherwise sharing a common location.
(8)“Easement”is a legal interest in real property that transfers a partial property right to
the holder of the easement authorizing a person or party to use the land or property of another for a
particular purpose.
(9)“Engineer”refers tobut is not limited toa radio, electrical, structural, civil, or mechanical
engineer,licensed by the State of Minnesota.
(10)“Equipment Lease Area”is aspecified area at the base of or near a
Telecommunication Facility, Tower, or Antennathat can contain an enclosed structure or open
platform within which are housed, among other things, batteries, generators, air conditioning units,
wireless communications or electrical equipment, or other Accessory Equipment, which may be
connected to the Telecommunications Facility, Tower or Antenna by cable.
(11)“Inventory of Small Wireless Facilities”refers toan accurate and current inventory of
all Small Wireless Facilities,approved by Lessor pursuant to this Lease Agreement including sites that
become inactive for any reason.
(12)“Landline Broadband Backhaul Transport Service”refers to afiber or other high-
speed landline communications transport service contracted by Lesseefrom a third-party provider that
interconnects with the Base StationEquipment at the Point-of-Demarcation and provides transport
service back to Lessee's network.
(13)“Lessee”is the party who rents land or property from a lessor. The lessee is also known
as the "tenant", and must uphold specific obligations as defined in the lease agreement and by law.
(14)“Lessor”is the owner of an asset that is leased under an agreement to the lessee. The
lessee makes one-time or periodic payments to the lessor in return for the use of the asset. The lease
agreement is binding on both the lessor and the lessee, and spells out the rights and obligations of both
parties.
(15)Micro Wireless Facility.A small wireless facility that is no larger than 24 inches long,
15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
(16)“Monopole”isastructure composed of a single spire used to support
telecommunications equipment having no guy wires or ground anchors.
(17)“Permit Holder”a person or entity who holds a permit issued pursuant to this
Ordinance for a Telecommunications Facility.
(18)“Point of Demarcation”is the point of where the Transmission Media of aSmall
Wireless Facility terminates and interconnects with broadband backhaul transmission facilities,
whether provided by landline or wireless communications infrastructure.
(19)“Public Utility Structure”is a structure which is owned by a governmental agency or
utility company and which may be/can be usedto support illumination devices or lines and other
equipment carrying electricity or communications.
(20)“Radio Propagation Study”thepropagation of radio waves is described through the
modeling of the different physical mechanisms (free-space attenuation, atmospheric attenuation,
vegetation and hydrometer attenuation, attenuation by diffraction, building penetration loss, etc). This
modeling is necessary for the conception of telecommunications systems and, once they have been
designed, for their actual field deployment. Propagation models are implemented in engineering tools
for the prediction different parameters useful for the field deployment of systems, for the study of the
radio coverage (selection of the emission sites, frequency allocation, powers evaluation, antenna gains,
polarization) and for the definition of the interferences occurring between distant transmitters.
(21)“Residential Accessory Communication Devices”areany satellite dishes, television
Antennas, radio Antennas, amateur radio Antennas, and similar communication transmission/reception
devices and associated Accessory Equipment that are a permitted accessory use within a residential
district.
(22)“Right-of-Way(ROW)or Public Right of Way”is the actual physical land area
within a route that is acquired for a specific purpose, such as a transmission line or roadway.The area
on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in
which the city has an interest, including other dedicated rights-of-way for travel purposes and utility
easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard
to cellular or other nonwiretelecommunications or broadcast service.
(23)“Rooftop Mounted Wireless Telecommunications Facility means a wireless
telecommunication facility with antennas located on the roof of a building or on top of a structure and
consisting of antennas, support structures and accessory equipment, but are adequately screened so as
not to appear as stand-alone devices above the top of the roof line.
(24)"Small Wireless Facility".A wireless facility defined as a low-power radio access
facility, together with associated antennas, Transmission Media,mounting and mechanical equipment,
which provides and extends wireless communications systems’ service coverage and increases network
capacity that meets all of the following qualifications:
a.each antenna is located inside an enclosure of no more than six cubic feet in volume or
could fit within such an enclosure; and
b.all other wireless equipment associated with the small wireless facility provided such
equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric
meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable,
conduit, vertical cable runs for the connection of power and other services, and any
equipment concealed from public view within or behind an existing structure or
concealment.
c.a micro wireless facility.
(25)“Street Light”is defined as a raised source of light usually mounted on a pole and
constituting one of a series spaced at intervals along a public street or highway used to illuminate a
public area, usually urban. Also referred to as a streetlamp.
(26)“Telecommunications Equipment”referstoAntennas, Accessory Equipment, or
Towers.
(27)“Telecommunications Facilities”are the structures and equipment which make up a
telecommunications network. Telecommunications facilities are defined by Federal Standard 1037Cas
the following:
a)A fixed, mobile, or transportable structure, including (1) all installed electrical and
electronic wiring, cabling, and equipment and (2) all supporting structures, such as
utility, ground network, and electrical supporting structures.
b)A network provided service to users or the network operating administration.
c)A transmission pathway and associated equipment.
d)In a protocol applicable to a data unit, such as a block or frame, an additional item of
information or a constraint encoded within the protocol to provide the required control.
e)A real property entity consisting of one or more of the following: a building, a structure,
a utility system, pavement, and underlying land.
(28)“Tower”is any of the following: a ground or roof mounted pole;spire; free standing,
self-supporting lattice or monopole structure; or combination thereof taller than fifteen (15) feet,
including but not limited to supporting lines, cables, wires, braces, and masts, intended primarily for
the purpose of mounting an Antenna, meteorological device, or similar apparatus above grade (except
amateur radio Antennas).
(29)“Traffic Light/Traffic Signal System”are electrically operatedcolored signaling
devices positioned at road intersections, pedestrian crossings, and other locations to control conflicting
flows of traffic.
(30)“Transmission Media”is all of the Lessee's radios, antennas, transmitters, wires, fiber
optic cables, and other wireless transmission devices thatare part of the Small Wireless Facility.
(31)“Wireless Communications”referstoany personal wireless services as defined in the
Federal Communications Act of 1996, including FCC licensed commercial wireless
Telecommunications services such as cellular, personal communication services (PCS), specialized
mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile
communication (GSM), paging and similar services that currently exist or may be developed.
(32)“Utility Pole”is a structure that is: (1) owned or operated by: (a) a public utility; (b) a
communications service provider; (c) a municipality; (d) an electric membership corporation; (e) a
rural electric cooperative; or (f) municipal utility; and (2) designed and used to: (a) carry lines, cables,
or wires for telephone, cable television, or electricity; or (b) provide lighting.
(C)Permit required
(1)Permit required. Prior to any construction of installation activities, a
telecommunications provider planning to install, construct or operate telecommunications facilities in
the City shall apply for atelecommunications application andobtain a building permit and,if required,
a conditional use permit pursuant to this sectionOrdinanceas applicable.
(2)Building and Design Standards and Allowed Locations for Telecommunications
Facilities. All Telecommunications Facilities shall be constructed and maintained in accordance with
the following standards:
A.Existing Telecommunication Facilities:
1.Existing Telecommunications Facilities located on or attached to existing
structures, prior to the adoption of this Ordinance, are regulated by the
provisions of the zoning district for each such parcel. Once the leases for
existing Telecommunication Facilities expire or are otherwise terminated, the
owner of the Telecommunication Facilities shall apply for a permit under this
Ordinance and those existing Telecommunications Facilities shall be required
to conform to all requirements of this Ordinance for new Telecommunication
Facilities. The City may, among other remedies, require relocation of
equipment, at the Telecommunication Facilities expense, to permitted areas
under this Ordinance.
B.New Telecommunications Facilities:
1.New Telecommunications Towers, not including those to which Small
Wireless Facilities are installed in the right-of-way,shall be located only on
parcels owned and controlled by the City without a conditional use permit,
with the exact location on such parcels determined at the sole discretion of the
City.If a new Tower cannot be located on a City parcel the Applicant shall
provide radio propagation analysis as noted in 2.a) below to demonstrate need
of the new Tower location.
2.Antennas shall be located on a new or replacement Tower at the locations
permitted for Telecommunications Facilities only if the Applicant complies
with the following requirements, in addition to the other requirements of this
Ordinance:
a)Unless the Applicant is a provider of Wireless Communications, tThe
Applicant shall provide an analysis prepared by a radio or electrical
engineer demonstrating that the proposed location of the Antennas is
necessary to meet the coverage and/orcapacity needs of its system.
The Applicant shall provide a network map describing all of the
Applicant’s Telecommunications Facilities thatprovide any coverage
within the City’s limits. All Applicants shall provide documentation
prepared by a radio or electrical engineer to show the Antennas would
not cause interference with other existing or approved
Telecommunications Equipment. The Applicant shall also pay the
reasonable expenses of a radio or electrical engineer retained by the
City, at the City’s option, to review this analysis;
b)The new or replacement Telecommunications Facilities shall use
Stealth Design techniques as approved by the City. Economic
considerations or hardships shall not be the sole justification for failing
to provide Stealth Design techniques.
c)The new or replacement Tower and Antenna,including attachments
other than lightning rods, shall not exceed 150 feet in height, measured
from grade. The City may, but shall not be required to, increase this
height up to 190 feet if the Entityfinds the increase in height would not
have a significant visual impact, would not have a negative property
value impact on surrounding properties because of proximity,
topography or screening by trees or buildings or would accommodate
two or more users. The Citymay waive this height limitation for a
Tower and/or Antenna if used wholly or partially for essential public
services, such as public safety.
d)New Towers must comply and be marked and lighted in accordance
with existing FAA and MnDOT Aeronautics rules.
3.A new Antenna may be attached to an existing or replacement public utility
structure, utility poleor streetlightpole outside of thewithin aright-of-way if:
a)The Antenna does not extend more than fifteen (15) feet above the top
of the existing utility structure.
b)The Antenna is no larger than three (3) cubic feet and has no individual
surface larger than four (4) squarefeet.
c)The Antenna extends outward from the utility structure no more than
three (3) feet.
d) There is no ground mounted equipment.
d)There is no interference with public safety communications or with the
original use of the public utility structure.
e)The Applicant agrees that the Antenna must be removed and relocated,
at Applicant’s expense, when the City or utilityrequires the removal,
and relocation, or reconditioningof the public utility structure.
f)The Telecommunications Permit Application and all necessary
agreements permitting the use of public property are approved.
g)Its inclusion/attachment does not exceed the facilities structural
capacity.
h)Note: no equipment will be allowedon fiberglass light poles.Right-of-
way installations are permitted for Small Wireless Facilities in
accordance with the requirements of Chapter 90 of the Hutchinson City
Code.
4.“Construction Plan”
a)Anew wireless support structureTower will require a written plan for
construction that demonstrates theuse ofaesthetics as defined in the
definitions and approved by the City; includes the total height and
width of the wireless facility and new wireless support structure
Tower, including cross section and elevation, footing, foundation and
wind speed details; a structural analysis indicating the capacity for
future and existing antennas, including a geotechnical report and
calculations for the foundations capacity; the identityand
qualifications of each person directly responsible for the design and
construction; and signed and sealed documentation from a professional
engineer that shows the proposed location of the wireless facility and
new wireless support structureTower andall easements and existing
structures within two hundred (200) feet of such wireless facility or
wireless support structure.
b)Substantial modification of an existing wireless facility or new wireless
support structureTowerrequiresthe following:
1)An application with the name, business address, and point of
contact for the applicant;
2)The location of the proposed or affected new wireless support
structureToweror wireless facility; and
3)A construction plan that describes the proposed modifications
to the new wireless support structureTower and all equipment
and network components, including antennas, transmitters,
receivers, base stations, power supplies, cabling, and related
equipment.
(3)Telecommunications Permit Application. Telecommunications providers shall apply for a
permit on an application form obtained from the City. A telecommunications provider shall file three
copies of the applications with the City. Applications shall be complete and include all information
required by this ordinancesection,including a route map showing the location of the provider’s
existing and proposed facilities.
(4)Public Data.The contents of all telecommunications permit applications and any other
documents supporting the application may be classifiedas public data and as such may be released in
accordance with the Minnesota Data Practices Act or other applicable regulation or court order.
(5)Application Fee and Escrow. The application shall be accompanied by a one-time non-
refundable application fee in the amount identified on the application form. At the discretion of the
City, an escrow fee willmaybe required for applications that require analysis by the City’s
communications consultant, such as an interference analysis and intermodulation study. The
application fee and escrow amount are established in the City’s fee schedule, set annually by the City
Council.The Applicant shall also pay the expenses of a third-party engineer's serviceor technical
study as required by the City.
(6)Additional Information. The City may request an applicant to submit such additional
information asthe City deems reasonably necessary or relevant. The applicant shall comply with all
such requests within reasonable deadlines for such additional information established by the City.
(D)Amateur radio antenna towers. The construction or erection of towers supporting amateur
radio antennas shall be a permitted use in all zoning districts, subject to the following requirements:
(1)This type of tower requires a building permit;
(2)This type of tower shall be allowed only in the rear yard of residentially zoned properties.
If there is insufficient space within the rear yard to erect the tower and any related guy wires, then the
property owner may apply for a conditional use permit to erect a tower in another yard (front or side);
(3)This type of tower shall not exceed 75 feet in height, except by conditional use permit;
(4)This type of tower shall conform to the accessory structure setback forthe district in which
it is located:
(5)Amateur radio antenna towers shall be installedin accordance with the instructions
furnished by the manufacturer of the tower model. Antennas mounted on a tower may be modified and
changed at any time so long as the published allowable load on the tower is not exceeded and the
structure of the tower remains in accordance with the manufacturer’s specifications; and
(6)This type of tower shall be exempt from the requirements of divisions (E) –(R) of this
section.
(E)Antennae Mounted on Roofs, Walls, and Existing Towers. The placement of wireless
telecommunication antennae on roofs, walls and existing towers mustbe approved by the City,
provided the antennae meet the requirements of this sectionordinance, and after submittal and
approval of all permits, applications, fees and information identified in Section B of this ordinance.
(F)Tower Locations. Antennas on a public structure or existing structures are allowed in all
districts by resolution approved by the City, without a conditional use permit. However, all antenna
installations must comply with the requirements of this ordinance. Towers not exceeding75 feet in
height may be erected after the issuance of a building permit, without a conditional use permit.
However, all tower installations must comply with the requirements of this ordinance. All towers
shall be of a monopole construction and subject to the regulations listed in Chapter 151 of the City
Code, regarding airport zoning. Towers exceeding 75 feet in height shall be allowed only by
conditional use permit and shall only be allowed in the following zoning districts:
(1)C-1, neighborhood convenience commercial district;
(2)C-2, automotive service commercial district:
(3)C-3, central commercial district;
(4)C-4, fringe commercial district;
(5)C-5, conditional commercial district;
(6)I/C, industrial/commercial district;
(7)I-1, light industrial park district;
(8)I-2, heavy industrial district; and
(9)BP, business park district.
(G)Tower setbacks. The following setbacks shall apply in the listed districts.
(1)In C-1, C-2, C-3, C-4, C-5, BP, I/C, I-1 and I-2 districts, the setback of the tower shall be at
a ratio of one foot of setback for every two feet of height of tower (i.e., a 100-foot tower would require
a 50-foot setback from all property lines and the street right-of-way).
(2)In the event that any portion of the property directly abuts a district zoned R-1,
single-family residential; R-2, medium density residential; R-3, medium-high density residential; R-4,
high density residential; R-5, manufactured home park; any residential planned unit development; or
A-1, agricultural or R-1, rural residential in the Joint Planning Area; the setback to these districts shall
be at a ratio of one foot for every one foot of height of structure (i.e., a 100-foot tower would require a
100-foot setback from any property line which is residentially or agriculturally zoned).
(H)Collocation requirements. All commercial towers erected, constructed or located within the
City shall comply with the following requirements.
(1)A proposal for a new commercial tower shall not be approved unless the applicant has
provided proof that the proposed tower cannot be accommodated on an existing or approved tower or
building within a one-mile search radius of the proposed tower due to one or more of the following
reasons:
A.The antenna would exceed the structural capacity of the existing or approved tower or
building, as documented by a qualified and licensed professional engineer, and the
existing or approved tower cannot be reinforced, modified or replaced to
accommodate planned or equivalent equipment at a reasonable cost;
B.The antenna would cause interference materially impacting the usability of other
existing or planned antenna at the tower or building as documented by a qualified and
licensed professional engineer,and the interference cannot be prevented at a
reasonable cost;
C.Existing or approved towers and building within the search radius cannot
accommodate the planned antenna at a height necessary to function reasonably as
documented by a qualified and licensed professional engineer; or
D.Other unforeseen reasons that make it unfeasible to locate the planned antenna
equipment upon an existing or approved tower or building.
(2)Any proposed commercial tower shall be designed, structurally, electronicallyand in all
respects, to accommodate both the applicant’s antennas and comparable antennas for at least two
additional users if the tower is over 100 feet in height or,for at least one additional user,if the tower is
over 75 feet in height. Towers must be designed to allowfor future rearrangement of antennas upon
the tower and to accept antennas mounted at varying heights.
(I)Structural and landscaping requirements. Proposed or modified towers and antennas shall
meet the following design requirements:
(1)Towers and antennas shall be designed to blend into the surrounding environment through
the use of color and camouflaging architectural treatment, except in instances where the color or
markings aredictated by federal or state authorities,such as the Federal Aviation Administration:
(2)Commercial towers shall be of a monopole design unless the City determines that an
alternative design would better blend into the surrounding environment. Towers must be self-
supporting without the use of wires, cables, beams, or other means;
(3)Landscaping plans for the base of the tower must be submitted with the application of the
conditional use permit, or building permit, should a conditional use permit not be needed. These plans
must be compatible with the surrounding character of the area and must be approved either by the City
prior to the issuance of the conditional use permit or building permit; and
Screening plans, as may be required by the City, and reviewed shall be inclusive of the following:
A.When used, walls or fences must provide for full visual screening of accessory
buildings or storage areas, as viewed from residential areas and state and county
roads;
B.The materials used for constructing the wall or fence shall be specified in the site plan
and shall meet the requirements of this ordinance;
C.Berms, if used, shall be constructed with a slope not to exceed 3:1 and shall be
covered with sod or other landscape material sufficient to prevent erosion of the berm.
D.Trees, hedges or other vegetative materials, when used, must provide at 75 percent
(75%) screening capacity throughout the year. Such screening must also conform to
allvegetative setback requirements of the Hutchinson Zoning Ordinance.
(J)Construction Requirements. Proposed or modified towers and antennas shall meet the
following construction requirements:
(1)All antennae, towers, and accessory structures shall comply with all applicable provisions
of this ordinance.
(2)Towers shall be certified by a qualified and licensed professional engineer to conform to the
current structural standards and wind loading requirements of the MinnesotaState Building Code and
Electronics Industry Association.
(3)No part of any antenna or tower nor any lines, cable, equipment, wires, or braces in
connection with either shall at any time extend across or over any part of the right-of-way,
publicstreet, highway, sidewalk, or property line.
(4)Towers and associated antennae shall be designed to conform to accepted electrical
engineering methods and practices and to comply with the provisions of the National Electrical Code.
(5)All signed and remote control conductors of low energy extending substantially
horizontally above the ground between a tower or antenna and a structure, or between towers, shall be
at least eight (8’) above the ground at all points, unless buried underground.
(6)As applicable to its location, with final determination by the City, towers affixed to the
ground shall include security fencing to discourage access by unauthorized persons.
(7)Tower locations should provide the maximum amount of screening possible of off-site
views of the facility. Existing on-site vegetation shall be preserved to the maximum extent practicable.
The area around the base of the tower and any accessory structures shall be landscaped and/or
screened.Applicantsmust maintain, in good and healthy condition, at all times, all landscaping
attendant to the wireless telecommunications facility, including landscaping of the public right-of-way.
Any dead or dying landscaping must be promptly replaced or rehabilitated.See Section Iof this
ordinance.
(K)Resolution of Interference. The installation and operation of new antennas, towers, and
associated facilities shall not cause harmful interference to pre-existing telecommunication system
broadcast or reception, whether they be commercial or residential. Telecommunications providers
shall, at their own expense, maintain any equipment in a safe condition, in good repair and in a manner
so as not to conflict with the use of the surrounding premises. If within 60 days from the initial
installation and operation of any new antenna system, the City receives notice of interference from an
adjacent property, additional study and remedy may be required. The applicant shall be responsible for
the expenses incurred in any independent validation of interference, provided, however, should the
independent analysis conclude that the interference objections were valid; the applicantshall be
responsible for any independent validation fees. If new facilities are found to cause impermissible
interference, the applicantshall take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated within 30 days, the applicantshall immediately
cease operating its facility until the interference has been eliminated.
(L)Tower Lighting. Towers shall be required to meet Federal Aviation Administration (FAA) and
Federal Communications Commission (FCC) requirements and shall not be artificially lighted unless
required by the Federal Aviation Administration to do so. If the tower does require artificial lighting, a
letter stating this need and a description of the lighting shall be provided to the City prior to approval.
The lighting, unless required by theFAA to be otherwise, must be diffused.
(M)Lights and Other Attachments.No antenna or tower shall have affixed or attached to it in any
way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating
device, except as required by the Federal Aviation Administration (FAA) or the Federal
Communications Commission (FCC), nor shall any tower have constructed on, or attached to, in any
platform, catwalk, crow’s next, or like structure, except during periods of construction or repair.
(N)Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be
architecturally designed to blend in with the surrounding environment and shall meet the minimum
setback requirements of the zoning district in which the tower site is located. Ground mounted
equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative
screening better reflects and complements the architectural character of the surrounding neighborhood.
(O)Maintenance Requirements.
(1)The yard area in front of the fences and walls shall be trimmed and maintained in a neat and
attractive manner.
(2)Repairs to damaged areas of walls or fences shall be made within thirty (30) days of
sustaining said damage.
(3)Areas left in a natural state and vegetative screening areas shall be properly maintained in a
well-kept condition.
(4)Diseased, dying, or dead vegetative screening elements shall be removed and then replaced,
at a minimum, with healthy plants of the same size required when first planted.
(P)Abandoned or Unused Towers and Antennas. Abandoned or unused towers or portions of
towers shall be removed as follows:
(1)All abandoned or unused towers and associated facilities shall be removed within six
months of cessation of operations at the site unless a time extension is approved by the Planning
Commission. In the event that a tower is not removed within six months of cessation of operations at a
site, the tower and associated facilities may be removed by the City,and the costs of removal assessed
against the property; or
(2)Unused portions of towers above a manufactured connection shall be removed within six
months ofthe time of antenna location. The replacement of portions of a tower previously removed
requires the issuance of a new conditional use permit.
(Q)Public Safety Telecommunication Interference. Commercial wireless telecommunications
services shall notinterfere with public safety telecommunications. Before the introduction of new
service or changes in existing services, telecommunication providers shall notify the City at least ten
days in advance of any changes and allow the City to monitor interference levels during the testing
process.
(R)Signs and Advertising. The use of any portion of a tower for signs, other than warning or
equipment information signs, is prohibited.
(S)Additional Submittal Requirements. In addition to information listed elsewhere in this section,
conditional use permit applications for towers shall include the following supplemental information:
(1)A report from a qualified and licensed professional engineer which:
A.Describes the general tower height and design including a cross-section and elevation;
B.Documents the height above grade for all potential mounting positions for collocated
antennas and the minimum separation distances between antennas. This information
can be general in scope, with specific documentationto be submitted with the
building permit application;
C.Describes the tower’s capacity, including the number and type of antennas it can
accommodate;
D.Includes an engineer’sstamp, registration number, and signature; and
E.Additional information necessary to evaluate the request.
(2)For all commercial towers, a letter of intent committing the tower owner and his or her
successors to allow the shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use;
(3)If the tower exceeds 200 feet, a letter of approval from the Federal Aviation Administration
(FAA);
(4)A letter from the FAA if artificial lighting is deemed necessary; and
(5)Recommendation for approval by the Municipal Airport Commission.
(T)Satellite Dishes. Satellite dishes greater than one meter in diameter shall be allowed only by a
conditional use permit in all districts. Design plans shall include provisions for screening and shall be
submitted with the conditional use permit application.
(U)Small Wireless Facilities.
(1)Small Wireless FacilityPlan.
A.Small Wireless FacilitySubmissions.The applicant shall submit a preliminary site
plan to the City, forreview and approval. The applicant shall also submit an
application which shall include: (i) photographs or accurate renderings, including
correct colors and exact dimensions, of each type of proposed small wireless facility;
(ii) a statement signed by a professional engineer licensedin the State of Minnesota
stating that the proposed facilities comply with all applicable Federal
Communications Commission regulations, including, without limitation, regulations
pertaining to the emission of radio frequency radiation; and (iii) such additional
information as the planning director may reasonably require in order to determine
whether the requirements of this section are met. The application and site plan for the
Small Wireless Facilityshall be approved only if the following minimum standards
are met:
1.The Small Wireless Facilitymay encompass multiple sites.
2.The Small Wireless Facilityshall be substantially concealed from view by
means of painting, tinting, or use of camouflage or stealth materialsto match the
surface of the building or other structure to which they are affixed or by other
suitable methods, such as by flush-mounting or integration into the design
elements of the building or structure.
3.Electrical power and battery backup cabinets shall, to the extent practicable, be
roof-mounted or otherwise located so as not to be visible from a public street or,
where not practicable as determined by theCity, such equipment shall be
appropriately screened by landscaping or other means minimizing visibility
from a public street.
4.The placement of Small Wireless Facilitiesmaybe approved by the City,
provided the antenna meetsthe requirements of this ordinance, and after
submittal and approval of all permits, applications, fees and information
identified in SectionBCof this ordinance. Small Wireless Facilitieson a public
structure or existing structuresare allowed by conditional use permit in
residentially zoned areas if they are located on public or institutional
property.are allowed in all districts by resolution approved by the City, without a
conditional use permit.However, all antenna installations must comply with the
requirements of this ordinance,and Chapter 90 when installed within the right-
of-way.
5.At such time that the Small Wireless Facility ceases to be used for
communications purposes for three (3) consecutive months, the applicant shall
remove the Small Wireless Facility from the property. If the applicant fails to
remove the Small Wireless Facility within 30 days of written notice from the
zoning administrator, the director of development and permits or designee,
through his or her own agents or employeesCity,the Cityshall be authorized to
remove the Small Wireless Facility and assess all charges incurred in such
removal on the applicant.
6.Small Wireless Facility installations are permitted uses in the following zoning
districts;
a)C-1, neighborhood convenience commercial district;
b)C-2, automotive service commercial district:
c)C-3, central commercial district;
d)C-4, fringe commercial district;
e)C-5, conditional commercial district;
f)I/C, industrial/commercial district;
g)I-1, light industrial park district;
h)I-2, heavy industrial district; and
i)BP, business park district.
7.All Small Wireless Facility installations shall be allowed only by conditional use
permit in the following zoning districts;
a)GT, Gateway
b)MXD, Mixed Use District
8.Special requirements based on whether Small Wireless Facilityis affixed to a
building or poleoutside of the right-of-way:
a)Building-mounted:
1).The Small Wireless Facilitymay be attached to any building that
is at least twenty (20) feet in height as measured from the ground
level;
2).When attached to such building, the Small Wireless Facilityshall
be affixed at least eighteen (18) feet in height as measuredfrom
the ground level.
b)Pole-mounted:
1).The Small Wireless Facilityshall be mounted on a pole that
supports an athletic field,orparking lot light, street light or utility
line., or similar structureSuch pole shall be at least fifteen (15)
feet in height as measured from the ground level.Note: fiberglass
poles, poles for traffic lights or traffic signal systems cannot be
used and are prohibited for the mounting of any antennas or
telecommunications equipmentwithout first obtaining a right-of-
way permit and collocation agreement from the City;
2).Height Restrictions. All Small Wireless Facilityinstallations shall
be in compliancewith height restrictions applicable to poles and
other structures in certain overlay zoning districts. In all other
zoning areas, Small Wireless Facilitiesshall not be installed at a
height exceeding thirtyfifty(3050) feet.
3).The Small Wireless Facilityshall not protrude outward more than
two (2) feet from the pole on which it is mounted;
4).There shall be no more than one (1) Small Wireless Facilityper
pole;
5).The antenna is located inside an enclosure of no more than six
cubic feet in volume or could fit within such an enclosure.the
diameter or width of the pole on which it is mounted
6).Security -construction ofa Small Wireless Facilityon existing
utility poles must be installedin a manner that will not allow the
public to come into physical contact with the equipment or create
injury. Equipment must be mounted securely and include
electrical surge protection, safety cable connector locks, no sharp
edges, or any other potential hazards.
B.Placement of Small Wireless Facility in the Right-of-Way.SmallWireless Facilities
in the right-of-way shall comply with the process and standards in Chapter 90 of
Hutchinson City Code.Thefollowing Standards shall apply for the placement of
Small Cell Technology in the public right-of-way, or on a public road, City easement
or any other City property.
A.The Citywill determine whether the location (and any existing pole) identified by the
applicantas a Small Cell Site is within the City Right-of-Way. If it is not, the request
would be outside the scope of the Lease Agreementas the Citywould not have
authority to approve the Small Cell Site Application.
B.In determining whether to allow the installation of a Small Cell Technology Wireless
Support Structure within the right-of-way, the City shall consider the following
factors and make a determination if it is appropriate:
1.Demonstrated need for the Small Cell Technologies within the geographicarea
requested by a radio propagation study in order to deliver adequate service;
2.Proof that all co-location sites in the area of need are/were pursued and have been
denied; or that there does not exist the ability to co-locate using existing
structures. The Applicant must demonstrate all actions taken to achieve
colocation.
3.The character of the area in which the Small Cell Technology Wireless Support
Structure is requested, including evidence of surrounding properties and uses;
4.Stealth Technology, if any,proposed to be utilized by the Applicant, or proof that
Stealth Technology is either: (a) unnecessary; or (b) cannot be used.
5.Proof that the proposed Small Cell Technology Wireless Support Structure is the
minimal physical installation thatwill achieve the Applicant’s goals.
6.The safety and aesthetic impact of any proposed Small Cell Technology Wireless
Support Structure, related accessory equipment, and/or Equipment Compound.
(2)Ownership of the Pole. The Lessorwill determine the ownership of the pole identified for
installation of Small Cell Equipment.
(3)Site Eligibility.Lessorshall determine whether a requested City streetlight pole or the
location for the installation for a new pole is eligible as a Small Cell Site based on space availability or
other considerations. In addition, Lessormust determine whether public safety considerations prevent
eligibility of a street light pole as a Small Cell Site. Concerning a request to install a new pole, Lessor
shall determine whether City policies and availability of Right-of-Way prevent the pole installation at
the requested location.
(4)Structural Capacity. For any proposed installation on an existing pole, the applicant must
provide evidence that the pole has adequatestructural capacity to carry the additional loading from the
proposed installation. The City may retain the services of an independent technical expertat the
applicant’s expenseto review, evaluate, and provide an opinion regarding the applicant’s structural
documentation.
(5)Historic Preservation. All Small Cell Site installationson anhistoric building, site, or
within anhistoric district shall be stealth installations subject to the review of the Minnesota State
Historic Preservation Office (SHPO)in order to satisfy that the installations are compatible with the
regulations applicable tothe historic building, site or district.Lesseeshall implement design concepts,
and the use of camouflage or stealth materials, as necessary in order to achieve compliance with SHPO
review, the Cityand other applicable regulations as amended. Further, Lesseeacknowledges that under
City regulations, all installations on Public Rights-of-Way are subject to review by SHPO. Prior to
submitting a Small Cell Site Application, Lesseeshall meet with SHPO to discuss any potential design
modifications appropriate for the installation.
(6)Review Criteria. All Small Cell Site Applications requesting access to a City streetlight
pole must include a load bearing study to determine whether the attachment of Small Cell Equipment
may proceed without pole modification or whether the installation will require pole re-enforcement or
replacement. If pole re-enforcement or replacement is necessary, applicantshall provide engineering
design and specification drawings demonstrating the proposed alteration to the pole.Engineering
documents will be review to determine:
A.compliance with contractual requirements under this Lease Agreement;
B.no interference with City public safety radio system, traffic signal light system, or
other communications components;
C.inclusion of appropriate design of stealth components necessary to comply with
historic preservation requirements or aesthetic design elements for downtown
attachments; and
D.compliance with City pole attachment regulations for streetlight poles, including
replacement of Utilityelectric meter with dual meters.
(7)Determine Compliance with any other Applicable Requirements. As appropriate, the City
or theirdesignee shall require Lesseeto make design modifications in order to comply with applicable
contractual, regulatory, or legal requirements. Failure to make the requested design modifications shall
result in an incomplete Small Cell Site Application,which may not be processed under this Lease
Agreement.
(8)Approval of Application.Upon finding that the Small Cell Site Application is complete and
in compliance with all applicable requirements as outlined above, the City shall considersuch Small
Cell Site application. The approval of theSmall Cell Site Application requesting to attach to a City
light pole, or to install a new pole, shall authorize Lesseeto proceed to obtain an excavation Permit
from the City. Lesseeshall comply with the requirements and pay all appropriate Minnesota standard
promulgated ROW Permit fees. Upon obtaining a ROW Permit, Lesseemay proceed to install the
Small Cell Equipment in coordination with any affected City departments. Approval of a Small Cell
Site Application related to the use of a utility pole, or apole owned by any other third-party, shall
authorize Lesseeto proceed with attachment process applicable to the pole owner and in accordance
with the pole owner's regulations proceed to obtain a ROW Permit. Again, Lesseeshall proceed with
the Small CellEquipment installation in coordination with any affected City departments. Upon
completion of the installation, Lesseeshall notify the City, or their designee, in writing and provide a
picture of said installation to be included in the Small Cell Site Application records.
(9)Repair of Public Right-of-Way.The tenant must repair, at its sole cost and expense, any
damage (including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of
lateral support) to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street light poles,
utility lines and systems, underground utility lines and systems, or sewer lines and systems, that results
from any activity performed in connection with the permittee’s installation, operation, or maintenance
of a wireless telecommunications facility. In the event the tenant fails to complete said repair within
the number of days stated on a written notice from the City, the City may cause said repair to be
completed and invoice the tenant for all costs incurred by the City as a result of such repair. The tenant
must promptly pay any costs so invoiced.
(V)EFFECTIVE DATE AND APPLICABILITY TO EXISTING FACILITIES. All Wireless
Telecommunications Facilities existing on or before July 1, 2009, shall be allowed to continue as they
presently exist, aslegally permitted non-conforming uses. Such facilities shall be used or repaired
without having to comply with the Ordinance. Any material modification, including changes that
could result in interference, additional structural loading, or aesthetics ofan existing
Telecommunications Facility,will require review and permitting in compliance with this Ordinance.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and
publication.
This Ordinance was passed by the CityCouncil of the Cityof Hutchinson on the ___day of ___2018.
ATTEST:
_______________________________ _________________________________
Matt Jaunich, CityAdministrator Gary Forcier, Mayor
Date of Publication: month day, 2018
TITLE AND SUMMARY OF ORDINANCE NO. 18-0784
The following Ordinance is hereby published by title and summary:
1. Title of Ordinance: Telecommunications Ordinance
An Ordinance to Amend Title 15, Chapter 154, Section 119 of the City of Hutchinson Code of
Ordinances, Telecommunications Ordinance.
2. Summary of Ordinance:
This ordinance amends Title 15, Chapter 154, Section 119 of the Hutchinson City Code, which
sections sets forth uniform requirements for telecommunications in thechapter.
This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who
are, by contract or agreement with the City, users of telecommunications in the City. Except as
otherwise provided herein, the City Engineer shall administer, implement, and enforce the
provisions of this Chapter.
This Ordinance shall take effect upon publication in accordance with the Hutchinson City
Charter.
3. Availability of Ordinance:
A complete, printed copy of this Ordinance is available for inspection by any person during
regular business hours in the office of the City Clerk,
This Ordinance was passed by the City Council of the City of Hutchinson on the ____day of ____,
2018.
ATTEST:
_______________________________ _________________________________
Matt Jaunich, City Administrator Gary Forcier, Mayor
Date of Publication: month day, 2018