HomeMy WebLinkAboutCity Council Ordinance 1998-04CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 98-4
AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE, BY AMENDING
CHAPER 21 (DEFINITIONS, ESSENTIAL SERVICES, AND PUBLIC
PROPERTY/RIGHTS-OF-WAY) (97176)
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 21005.02 of the Plymouth City Code (Definitions) is
hereby amended to add the following definitions:
Essential Services: The erection, construction, alteration or maintenance by
private or public utilities, or municipal departments of underground or overhead
telephone, gas, electrical, steam, hot water, communication, waste, or water
transmission, distribution, collection, supply or disposal systems, including poles,
wires, radio receivers and transmitters, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith for the furnishing of adequate
service by such private or public utilities or municipal departments. Essential services
shall not include waste facilities or personal wireless service antennas.
Section 2. Section 21160 of the Plymouth City Code (Essential Services) is
hereby amended to read as follows:
21160.01. PURPOSE: The purpose of this section is to provide for the
installation of essential services such as telephone lines, pipelines, electric transmission
lines substations, and accessories therewith in such a manner that the health, safety,
and welfare of the City will not be adversely affected. Essential services shall also be
installed in recognition of existing and projected demands for such services.
Ordinance 98-4
Page 2
21160.02. SPECIAL PERMIT REQUIRED: All communication lines, pipelines
for distribution to individual properties within the City, and all, underground electric
transmission lines, overhead utility lines, radio receivers and transmitters, electric
transmission lines, and substations less than 33 KV, when installed in any location in
the City, shall require a permit subject to the approval of the City Engineer and shall
be processed according to the following:
Subd. 1. Prior to the installation of any of the essential services defined
above, the owner of such service shall file with the City Engineer, all maps and other
pertinent information as deemed necessary by the City Engineer for review of the
proposed project.
Subd. 2. The City Engineer shall document in writing the findings as to
the compliance of the proposed project with the Comprehensive Plan and City Code
provisions.
Subd. 3. In considering applications for the placement of essential
services, as regulated in this section, the aforesaid City Engineer shall consider the
effect of the proposed project upon the health, safety and general welfare of the City,
as existing and as anticipated, and the effect of the proposed project upon the
Comprehensive Plan. Additionally, radio transmitters and receivers accessory to an
essential service may be located on existing utility poles or light standards within public
right-of-way provided the radio transmitters and receivers comply with the following
standards:
(a) Radio transmitters and receivers located on a utility pole or light standard
shall be at least fifteen (15) feet above grade.
(b) Radio transmitter and receiver devices shall not exceed eighteen (18) inches
in length or width, or extend more than eighteen (18) inches from the pole.
Antennas attached to the equipment may not extend more than twenty-four
(24) inches from the equipment.
(c) The applicant shall submit a map prior to issuance of a permit showing the
location of all proposed radio transmitters and receivers. The map shall be
accompanied by a list of all sites referenced by the closest street address or
property identification number. The list of sites must also describe the type
of pole to be used.
(d) The applicant shall notify the City of any changes to the approved list prior
to erecting or placing any additional equipment in the right-of-way.
(e) The applicant shall notify the City of any obstructions that would cause
traffic to be rerouted or stopped.
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Ordinance 98-4
Page 3
(f) In addition to receiving the necessary permits and approvals, the City may
require the applicant to enter into an encroachment agreement.
Subd. 4. Upon approval of the City Engineer, a permit for the installation
and operation of the applicant's essential services shall be issued. If the Engineer
denies the permit, the applicant may appeal said decision to the Board of Appeals and
Adjustments under the rules and procedures set forth in Section 21035 of this Chapter.
Subd. 5. The City Engineer may deny a permit or attach conditions to the
permit approval to protect the public health, safety and welfare, to prevent interference
with the safety and convenience of ordinary travel over the right-of-way, or when
necessary to protect the right-of-way and its users. The City Engineer may consider
one or more of the following factors:
(a) The extent to which right-of-way space where the permit is sought is
available;
(b) the competing demands for the particular space in the right-of-way;
(c) the availability of other locations in the right-of-way or in other rights-of-
way for the equipment of the permit applicant;
(d) the applicability of ordinance or other regulations of the right-of-way that
affect location of equipment in the right-of-way.
Subd. 6. The permittee shall notify the City Engineer upon completion of
the work specified in the permit.
21160.03. CONDITIONAL USE PERMIT REQUIRED: The following require
a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5
and 21015.04 of this Chapter.
Subd. 1. All transmission pipelines (i.e., pipelines not required for the
City of Plymouth local distribution network), and overhead and underground
transmission and substation lines in excess of 33 KV.
Subd. 2. All poles and towers used exclusively for the placement of radio
receivers and transmitters. In addition to the conditional use permit standards and
criteria set forth in Section 21015.02, Subd. 5 and 21015.04 of this Chapter, poles and
towers shall comply with the standards for personal wireless service antennas set forth
in Section 21175.
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Ordinance 98-4
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Section 3. Section 21180 of the Plymouth City Code (Essential Services) is
hereby amended to read as follows:
SECTION 21180 - PUBLIC PROPERTY/RIGHTS-OF-WAY
21180.01. COVERAGE: The erection and/or placement of any structure in the
public right-of-way or on City property by any person, or group other than the City of
Plymouth, Hennepin County, Metropolitan Council, the State of Minnesota, or
franchised utility shall require the processing of a conditional use permit in accordance
with Section 21015 of this Chapter. Exceptions to this provision include, newstands,
radio receivers and transmitters as an accessory use to essential services, and personal
wireless communication antennas located on existing lattice electrical transmission
towers, provided that the use and equipment comply with all applicable requirements of
this Chapter.
Section 4. This Ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this 21st day of January, 1998.
ATTEST:
Laurie F. Ahrens, City Clerk
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ely .Tierney, Mayo