Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
Subd. 2. 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.
Subd. 3. Small Wireless Facility Conditions. In addition to Subd. 2 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 registrant 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, such equipment shall be consistent with the city’s aesthetic standards regarding wireless equipment as adopted by the City Engineer. Such standards shall ensure that wireless equipment is installed with a stealth design and that equipment does not detract from the character of the area in which it is installed. In addition, the City Engineer shall adopt standards that ensure city assets can continue to effectively perform their intended function. Standards shall be made available with the application required for a small cell permit.
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.
7. A permit will be deemed void if the approved equipment is not installed within one year of issuance of the permit.
Subd. 4. Small Wireless Facility Aesthetic Requirements. The list below is the standards set by the city for the design of small wireless facilities.
1. Each small wireless antenna shall be located entirely within a shroud or canister type enclosure.
2. The diameter of the antenna enclosure at its widest point should not be wider than two times the diameter of the top of the wireless support structure. The enclosure shall not exceed six cubic feet in volume.
3. All antenna enclosures shall either be mounted to the top of the wireless support structure pole and aligned with the centerline of the wireless support structure, noted in the application and approved by the city, but at least ten feet above ground level at its lowest point.
4. Tree “topping” or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees, shrubs, or other landscaping already existing in the right-of-way must be noted in the application and must be approved by the city.
5. All cables, wires, and connectors related to the small wireless facility must be fully concealed on the wireless support structure and shall match the color of the wireless support structure. There shall be no external cables and wires related to the small wireless facility hanging off or otherwise exposed on the wireless support structure.
6. All colors shall match the background of any wireless support structure that the facilities are located upon, including equipment cabinets.
7. Equipment enclosures, including electric meters, shall be as small as possible, but in no event larger than 28 cubic feet in volume. Ground-mounted equipment shall incorporate concealment elements into the proposed design matching color and materials of the wireless support structure, unless other materials or colors are approved by the city. Concealment may include, but shall not be limited to, landscaping, strategic placement in less obtrusive locations, and placement within existing or replacement street furniture.
8. Radio equipment shall be fully enclosed within an equipment cabinet or concealed within the antenna shroud enclosure matching the color and materials of the wireless support structure, unless other materials or colors are approved by the city.
9. Landscaping concealing equipment enclosures shall be planted in such quantity and size such that 100% screening is achieved within two years of installation.
10. The small wireless facility permittee shall post its name, location, identifying information, and emergency telephone number in an area on the cabinet of the small wireless facility that is visible to the public. Signage required under this section shall not exceed four inches by six inches, unless otherwise required by law (e.g. radio-frequency (RF) ground notification signs) or the city. If no cabinet exists, the signage shall be placed at the base of the pole.
11. New small wireless facilities and wireless support structures shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the camouflaging strategy, such as design intended to look like a street light pole.
12. The small wireless facility operator/permittee shall remove or paint over unnecessary equipment manufacturer decals. The color shall match or shall be as approved by the city. Small wireless facilities and wireless support structures shall not include advertisements and may only display information required by a federal, state, or local agency. The small wireless facility operator/permittee shall utilize the smallest and lowest visibility RF warning sticker required by government or electric utility regulations. Placement of the RF sticker shall be as close to the antenna as possible.
13. In residential areas, the small wireless facility operator/permittee shall use a passive cooling system. In the event that a fan is needed, the small wireless facility operator/permittee shall use a cooling fan with a low noise profile.
Subd. 5. Small Wireless Facility Most Preferable Locations. The following are the most preferred areas for new small wireless facilities in the order of preference (item 1 below being most preferable):
1. Industrial districts if not adjacent to a park or residential district;
2. Highway rights-of-way areas if not adjacent to a park or residential district; or
3. Business districts if not adjacent to a park or residential district.
Subd. 6. Small Wireless Facility Collocation Preference. It is the city’s strong preference that, whenever an applicant proposes to place a new small wireless facility, the applicant collocate the same on existing wireless support structures.
Subd. 7. Small Wireless Facility Consideration of Alternate Locations. The city reserves the right to propose an alternate location for a wireless support structure to the location proposed in the application within three hundred feet of the proposed location or within a distance that is equivalent to the width of the right-of-way in or on which the wireless support structure is proposed, whichever is greater, which the operator shall use if it has the right to use the alternate location on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs.
Subd. 8. Small Wireless Facility Guidelines on Placement. The city desires to promote cleanly organized and streamlined facilities using the smallest and least intrusive means available to provide wireless services to the community. Generally, a small wireless facility and/or wireless support structure shall match and be consistent with the materials and finish of the wireless support structure, adjacent city poles, and of the surrounding area adjacent to their location. In the absence of adjacent city poles, the wireless support structure shall match the materials and finish of the adjacent utility poles. The following additional guidelines on placement shall apply.
1. Wireless support structures shall be located no closer than 100 feet away, radially, from another wireless support structure.
2. A combination wireless support structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a new location where it has been identified that a streetlight is necessary.
3. Small wireless facilities and wireless support structures shall be located in a manner that does not impede, obstruct, or hinder usual public pedestrian or vehicular travel or public safety on a right-of-way.
4. Small wireless facilities and wireless support structures shall be located in a manner that does not obstruct the legal use of a right-of-way by a utility provider.
5. Small wireless facilities and wireless support structures shall be located in a manner that does not violate the federal Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
6. Small wireless facilities and wireless support structures shall be located in a manner that does not negatively impact the structural integrity of the associated wireless support structure.
7. Small wireless facilities and wireless support structures shall be located in alignment with existing trees, utility poles, and streetlights.
8. Small wireless facilities and wireless support structures shall be located equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree.
9. Small wireless facilities and wireless support structures shall be located with appropriate clearance from existing utilities.
10. Small wireless facilities and wireless support structures shall be located so as not to be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level.
11. Small wireless facilities and wireless support structures shall be located not within sight triangles at street intersections.
12. New wireless support structures shall not be located directly in front of any existing residential, commercial, or industrial structure.
13. To the greatest extent possible, new wireless support structures shall be located in line with existing lot lines or an equidistance from any two existing structures. In areas of the city where multiple structures abut each other and/or where no side lot setback requirements exist, new wireless support structures shall not be located directly in front of an entrance or window of any existing structure.
Subd. 9. 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;
c. A monthly fee for electrical service as follows:
i. Seventy-three dollars per radio node less than or equal to 100 maximum watts;
ii. One-hundred eighty-two dollars per radio node over 100 maximum watts; or
iii. The actual costs of electricity, if the actual cost exceeds 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.