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Battle Lake, MN Code of Ordinances
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REGULATIONS AND REQUIREMENTS
§ 154.15 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 place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so.
      (1)   Alter permit. An alteration permit is required by a right-of-way user to alter 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)   Excavation permit. An excavation permit is required by a right-of-way user 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. The installation of wires within the right of way for the purpose of robotic mowers is an authorized justification to be granted a permit. The installation of sprinkler systems within the right-of-way for the purpose of watering lawns, flowers, trees, and other live plants within the right-of-way is an authorized justification to be granted a permit.
      (3)   Obstruction permit. An obstruction permit is required by a right-of-way user 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. Normal and legal parking in the right-of-way is exempt for vehicles parked within the right-of-way no more than 24 hours without moving. Vehicles of the owner of adjacent property or authorized user are exempt from the 24-hour period.
      (4)   Small wireless facility permit. A small wireless facility permit is required by a right-of-way user to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
   (B)   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)   A new permit or permit extension is granted.
   (C)   Delay penalty. In accordance with Minn. Rules part 7819.1000 subp. 3, as it may be amended from time to time, and notwithstanding division (B) above, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City Council resolution.
   (D)   Permit display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated worksite and shall be available for inspection by the city.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023) Penalty, see § 10.99
§ 154.16 PERMIT APPLICATIONS.
   (A)   Application for a permit is made to the city.
   (B)   Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions:
      (1)   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;
      (2)   A certificate of insurance listing the city as an additional insured;
      (3)   Payment of money, where applicable, due to the city for:
         (a)   Permit fees, estimated restoration costs, and other management costs;
         (b)   Prior obstructions or excavations;
         (c)   Any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; and/or
         (d)   Franchise fees or other charges, if applicable. Payment of disputed amounts due to the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing.
      (4)   Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.17 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 city may 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, M.S. §§ 216D.01 through 216D.09 (Gopher One-Call Excavation Notice System) and Minn. Rules Chapter 7560, as they all may be amended from time to time.
   (C)   Small wireless facility conditions. In addition to division (B) 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 following conditions.
      (1)   A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
      (2)   No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety, and welfare or to protect the right-of-way and its current use, and further provided that a right-of-way user may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.
      (3)   No wireless facility may extend more than ten feet above its wireless support structure.
      (4)   Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may 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 city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure.
      (6)   Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
   (D)   Small wireless facility agreement.
      (1)   A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following:
         (a)   Up to $150 per year for rent to collocate on the city structure;
         (b)   Twenty-five dollars per year for maintenance associated with the collocation; and
         (c)   A monthly fee for electrical service as follows:
            1.   Seventy-three dollars per radio node less than or equal to 100 maximum watts;
            2.   One-hundred-eighty-two dollars per radio node over 100 maximum watts; or
            3.   The actual costs of electricity, if the actual costs exceed the foregoing.
      (2)   The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter, or affect any then-existing agreement between the city and applicant.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.18 ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATIONS.
   (A)   Deadline for action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section.
   (B)   Consolidated applications.
      (1)   An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application:
         (a)   Are located within a two-mile radius;
         (b)   Consist of substantially similar equipment; and
         (c)   Are to be placed on similar types of wireless support structures.
      (2)   In rendering a decision on a consolidated permit application, the city may 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.
   (C)   Tolling of deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if:
      (1)   The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension;
      (2)   The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information; and/or
      (3)   The city and a small wireless facility applicant agree in writing to toll the review period.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.19 PERMIT FEES.
   (A)   Alteration permit fee. The city shall impose an alteration permit fee in an amount sufficient to recover the following costs:
      (1)   The city management costs; and
      (2)   Degradation costs, if applicable.
   (B)   Excavation permit fee. The city shall impose an excavation permit fee in an amount sufficient to recover the following costs:
      (1)   The city management costs; and
      (2)   Degradation costs, if applicable.
   (C)   Obstruction permit fee. The city shall impose an obstruction permit fee in an amount sufficient to recover the city management costs.
   (D)   Small wireless facility permit fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover:
      (1)   Management costs; and
      (2)   City engineering, make-ready, and construction costs associated with collocation of small wireless facilities.
   (E)   Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within 30 days of billing.
   (F)   Non-refundable. Permit fees that were paid for a permit that the city has revoked for a breach are not refundable.
   (G)   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.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.20 RIGHT-OF-WAY PATCHING AND RESTORATION.
   (A)   Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by 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.
   (B)   Patch and restoration. The permittee shall patch his or her own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
      (1)   City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work.
      (2)   Permittee restoration. If the permittee restores the right-of-way himself or herself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules part 7819.3000, as it may be amended from time to time.
      (3)   Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching, and the degradation fee shall not include the cost to accomplish these responsibilities.
   (C)   Standards. The permittee shall perform excavation, backfilling, patching, and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules part 7819.1100, as it may be amended from time to time.
   (D)   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 work shall be completed within five 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.
   (E)   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 and timely complete all restoration required by the city, the city at its option may do such work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
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