A. Purpose And Findings: The City desires high quality wireless services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that small wireless facilities can create. These negative impacts include, but are not limited to, interference with right-of-way user sight lines, impacts to right-of-way user circulation, incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel way expansion plans, interference with the delivery of other utility services, interference with stormwater management facilities, and increased noise pollution.
To minimize these negative impacts, any person desiring to place a new wireless support structure in the right-of-way or collocate small wireless facilities on existing privately-owned wireless support structures in the right-of- way shall first obtain a small wireless facility permit from the City. Any person desiring to collocate small wireless facilities on existing wireless support structures owned or controlled by the City shall first enter into a standard small wireless facility collocation agreement. The purpose of these requirements is to comply with Minnesota Statutes sections 237.162 and 237.163 while at the same time protecting the public health, safety, and welfare.
The City will consider impacts to the public health, safety and welfare when reviewing a small wireless permit application and a request to enter into a small wireless facility collocation agreement. The public health, safety and welfare can be best accommodated by locating small wireless facilities in the following order, which affords the greatest protection of the public:
1. Locate outside of the right-of-way.
2. Locate in the right-of-way on or adjacent to principal arterial, other arterial, major collector, or minor collector roads, as classified by the Metropolitan Council Functional Classification System.
3. Collocate on existing wireless support structures within the right-of-way.
4. Locate on a new wireless support structure within the right- of-way that replaces an existing wireless support structure of the same height.
5. Locate on a new wireless support structure within the right- of-way that replaces an existing wireless support structure whose height is less than or equal to fifty feet (50').
6. Locate on a new wireless support structure within the right- of-way whose height is similar to nearby structures.
7. Locate on a new wireless support structure within the right- of-way whose height is less than or equal to fifty feet (50').
The City will also consider factors such as aesthetic compatibility of the small wireless facility with surrounding structures, ability to eliminate, underground, or screen ground-mounted equipment, dangers within the small wireless facility fall zone, distance of the small wireless facility from roads, sidewalks, trails and bicycle lanes, and future roadway, pedestrian, bicycle, water, wastewater, and stormwater improvement plans for the site before issuing small wireless facility permit or entering into a standard small wireless facility collocation agreement.
B. Small Wireless Facility Permit: No person may place a new wireless support structure within the right-of-way or collocate a small wireless facility on an existing privately-owned wireless support structure in the right-of-way without first obtaining a small wireless facility permit from the City.
1. Permit Application And Fee: A written application for a small wireless facility permit shall be submitted to the Director on a form provided by the City. The applicant shall pay an application fee in the amount set forth by the City, as the same may be amended from time to time. The application will be processed in accordance with the requirements of Minnesota Statutes section 237.163, subd. 3c (b) and (c).
2. Consolidated Permit Application: An applicant may file a consolidated permit application to collocate up to fifteen (15) small wireless facilities, provided that the 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.
3. Permission From Owner: If the applicant seeks to collocate a small wireless facility on an existing wireless support structure, the applicant shall, at the time of application, provide the City with proof that it has obtained the necessary authority from the owner of the wireless support structure to collocate the small wireless facility on the structure.
4. Issuance Of Permit And Conditions: Upon the Director's determination that the applicant has satisfied the requirements of this section, the Director shall issue the small wireless facility permit. The Director may condition permit approval on compliance with the following:
a. Generally applicable and reasonable health, safety, and welfare regulations consistent with the City's authority to manage its public right-of-way;
b. Reasonable accommodations for decorative wireless support structures or signs; and
c. Any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in the right-of-way. In rendering a decision on a consolidated permit application, the Director may approve a permit for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits as a basis to deny all the small wireless facilities in the consolidated application.
5. Permit Denial: The Director may deny a small wireless facility permit if he or she reasonably determines that the applicant has not satisfied the requirements of this section or that approval of the permit would be contrary to generally applicable and reasonable health, safety, and welfare regulations. The City shall notify the applicant in writing within three (3) business days of its decision to deny the permit. Upon denial, the applicant may cure the deficiencies identified by the City and resubmit its application. If the applicant resubmits the application within thirty (30) days of receiving written notice of the denial, no additional filing or processing fee shall be required. The City shall approve or deny the revised application within thirty (30) days after the revised application is submitted.
6. Term: The term of a small wireless facility permit shall be equal to the length of time that the small wireless facility is in use, unless earlier revoked under this section.
7. Obstruction Or Excavation: A small wireless facility permit holder whose approved work in the right-of-way involves obstruction or excavation of the right-of-way shall also obtain a right-of-way permit from the City.
8. Requirements For New Wireless Support Structures: New wireless support structures that comply with the following requirements may be placed in the right-of-way after the issuance of a small wireless facility permit:
a. A new wireless support structure shall not exceed fifty feet (50') above ground level and shall be separated from other wireless support structures by a minimum of six hundred feet (600').
b. Notwithstanding subsection B8a of this section, a new wireless support structure that replaces an existing wireless support structure that is higher than fifty feet (50') above ground level may be placed at the height of the existing wireless support structure.
c. The diameter of a new wireless support structure that replaces an existing wireless support structure shall not exceed the diameter of the existing wireless support structure by more than fifty percent (50%).
d. Wireless facilities constructed in the right-of-way after May 31, 2017 shall not extend more than ten feet (10') above an existing wireless support structure in place as of May 31, 2017.
9. Requirements For Small Wireless Facilities: A small wireless facility that complies with the following requirements may be located on a new wireless support structure within the right-of- way or collocated on an existing privately-owned wireless support structure within the right-of-way after issuance of a small wireless facility permit:
a. The small wireless facility shall have limited exposed cabling and mounting hardware. It shall also match the wireless support structure it is attached to in color and, as close as practicable, in material and design.
b. The small wireless facility shall not interfere with public safety wireless telecommunications.
c. Small wireless facilities in the right-of-way shall be removed and relocated at the City's request and at no cost to the City when the Director determines that removal and relocation is necessary to prevent interference with: 1) present or future City use of the right-of-way for a public project; 2) the public health, safety, or welfare; or 3) the safety and convenience of travel over the right-of-way.
d. A small wireless facility attached to an existing wireless support structure shall not block light emanating from the wireless support structure and shall not otherwise interfere with the original use of the wireless support structure.
e. Ground-mounted equipment associated with the small wireless facility is prohibited unless the applicant can show that ground mounted equipment is necessary for operation of the small wireless facility. If ground-mounted equipment is necessary, it shall also meet the following standards:
(1) Ground-mounted equipment shall be placed below grade unless not technically feasible;
(2) Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall not interfere with vehicle and pedestrian intersection sight lines;
(3) Ground-mounted equipment shall not create a safety hazard;
(4) If placed above grade, ground-mounted equipment shall be separated from the nearest ground-mounted equipment on the same block face by a minimum of three hundred thirty feet (330') unless the equipment is placed underground, or unless waived by the Director; and
(5) If placed above grade, ground-mounted equipment shall be limited to three feet (3') in height and twenty eight (28) cubic feet in cumulative size.
10. Exemptions: No small wireless facility permit is required to conduct the following activities in the right-of-way:
a. Routine maintenance of a small wireless facility;
b. Replacement of a small wireless facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or
c. Installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national Safety Codes.
If any of the above activities will obstruct the right-of- way, the small wireless facility permit holder shall provide notification to the City at least ten (10) days in advance of such activity.
C. Collocation On City-Owned Wireless Support Structure: No person may collocate a small wireless facility on an existing wireless support structure owned or controlled by the City without first entering into a Standard Small Wireless Facility Collocation Agreement with the City.
D. New Structures: The erection in the public right-of-way of a new public utility structure to support wireless facilities other than small wireless facilities is prohibited, except where the Director determines there is a need for additional roadway lighting, emergency warning siren, or other infrastructure that must be supported by a public utility structure. Any new structure erected to support wireless facilities other than small wireless facilities allowed by the City under this paragraph and any associated or attached equipment must comply with the requirements of this section.
E. Other Wireless Facilities: A telecommunications right-of-way user who desires to place a new public utility structure or wireless facilities other than small wireless facilities in the right-of-way shall enter into a license agreement with the City for use of space that sets forth such terms and conditions as the City deems appropriate and shall obtain any necessary right-of- way permit. (Ord. 2019-003, 3-19-2019)