(A) General. Except as otherwise provided in this chapter, no registrant may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having been issued the appropriate permit pursuant to this section and conspicuously displayed, or otherwise available, at all times at the indicated work site, and shall be available for inspection by the city.
(B) Excavation permit. An excavation permit is required by the registrant to excavate that part of the right-of-way described in each permit, and to hinder free and open passage over the specified portion of the right-of-way by placing facilities therein, to the extent and for the duration specified in the permit.
(C) Obstruction/aerial/interduct permit. An obstruction/aerial/interduct 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 within the right-of-way, to the extent and for the duration specified in the permit. An obstruction/aerial/interduct permit is not required if a registrant has been issued a valid excavation permit for the same project.
(D) Pole attachment permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public right-of-way. A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project.
(E) Permit reprocessing fee. No registrant may excavate or obstruct the right-of-way beyond the date or dates specified in the permit, or do any work outside the area specified in the permit unless:
(1) The registrant makes a supplementary application for an extension of the permit, or a new permit before expiration of the initial permit, and pays the applicable permit fee in an amount as set by Council from time to time; and/or
(2) Is granted a new permit or an extension of the initial permit by the Planner.
(F) Small wireless facility permit. A small wireless facility permit is required by a registrant 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 of the right-of-way, to the extent specified therein, provided that the permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Verbal extensions of the initial permit may be granted by the Planner for a period of no greater than 48 hours, or for emergencies, without additional fee.
(G) Diligence in performance work; delay penalty. Work shall progress in an expeditious manner as permitted by weather conditions until completion in order to avoid unnecessary inconvenience to the public. If the work is not done in an expeditious manner, the city may, after 72-hour notice to the permit holder, fill the excavation or repair the street. The holder, upon demand made by the city, shall pay the entire cost of the work. In accordance with Minn. Rules part 7819.1000, subpart 3, and notwithstanding divisions (B) and (C) above, the city shall establish and impose a delay penalty where excavating or obstruction work in the right-of-way is not completed within the time specified in the permit, and no supplementary application has been made for a permit extension or a new permit prior to the expiration date of the permit where the delays in right-of-way excavation, obstruction, patching, or restoration are unreasonable. The delay penalty shall be established from time to time by City Council resolution. A delay penalty will not be imposed for delays due to force majeure, including inclement weather, civil strife, acts of God, or other circumstances beyond the control of the applicant.
(H) Application and fee. An application for a right-of-way permit shall be made on forms provided by the city and shall be accompanied by the fees in an amount as set by Council from time to time, and which are established to reimburse the city for city costs. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from the payment of permit fees. All applications must be in the name of the registrant. No joint applications will be accepted. If the work is to be performed by an agent, contractor, or subcontractor on behalf of the registrant, the application shall be signed by the registrant. The application shall also be accompanied by the following:
(1) Scaled drawings showing the location of all facilities and improvements proposed by the applicant. The applicant will be requested to submit, in English measurement, two paper copies at 50 scale plans, and one copy in AutoCAD format with X, Y, Z dimensions to one-foot accuracy electronic plan. The plans must be dimensional and show existing utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes, and structures. If the applicant chooses to submit this data in a different format, he or she shall be responsible for the additional payment of the data conversion fee set forth in Res. 11-7A;
(2) A description of the methods that will be used for installation;
(3) A proposed schedule for all work;
(4) The location of any public streets, sidewalks, or alleys that will be temporarily closed to traffic during the work;
(5) A description of methods for restoring any public improvements disrupted by the work; and
(6) Any other information reasonably required by the city.
(I) Security. A performance bond, letter of credit, or cash deposit in an amount determined by the Planner shall be required from each applicant. The Planner shall have the right to determine the form of security that must be filed. The applicant, at his or her option, may post security sufficient to cover all projects contemplated for a one-year period. Any performance bond or letter of credit must be approved by the City Attorney as to form. Security required pursuant to this section shall be conditioned that the holder will perform the work in accordance with this chapter and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this chapter, and will indemnify and save the city and its officers, agents, and employees harmless against any and all claims, judgment, or other costs arising from any excavation and other work covered by the right-of-way permit, or by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence or willful actions of the permit holder. The bond, letter of credit, or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the right-of-way permit, specifically including full compliance with § 71.15(A) of this chapter. For permits allowing excavations within public streets, the bond, letter of credit, or cash deposit shall be held for a period of not less than 24 months to guarantee adequacy of all restoration work.
(J) Permit issuances; conditions. The Planner shall grant a right-of-way permit upon finding the work will comply with the requirements of this chapter. The Planner may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety, and welfare, to ensure the structural integrity of the right-of-way, to ensure completion of restoration of the right-of-way within a specified period, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. No right-of-way permit shall be issued to any person who has failed to register pursuant to § 71.03 of this chapter.
(K) Small wireless facility conditions. In addition to division (F) 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 (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):
(1) 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 the conditions or requirements as may be imposed in the applicable permit;
(2) No wireless facility may extend more than ten feet above its wireless support structure;
(3) Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between the structure and any existing wireless support structure, or other facilities in and around the right-of-way;
(4) 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 the structure; and
(5) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of the structure.
(L) Small wireless facility agreement. 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:
(1) An amount as set by Council from time to time per year for rent to collocate on the city structure;
(2) Twenty-five dollars per year for maintenance associated with the collocation;
(3) A monthly fee for electrical service as follows:
(a) Seventy-three dollars per radio node less than, or equal to, 100 maximum watts;
(b) One-hundred and eighty-two dollars per radio node over 100 maximum watts; and
(c) The actual costs of electricity, if the actual cost exceed the foregoing.
(4) 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.
(M) Actions on small wireless facility permit applications.
(1) The city shall approve or deny a small wireless facility permit application within 90 days after filing of the 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.
(2) (a) 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:
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.
(b) 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.
(3) The 90-day deadline for action on a small wireless facility permit application may be tolled if:
(a) 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 that case, the city may extend the deadline for all the applications by 30 days by informing the affected applicants, in writing, of the extension;
(b) 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 of 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; or
(c) The city and a small wireless facility applicant agrees, in writing, to toll the review period.
(N) Excavation permit fee. The city shall impose an excavation permit fee in an amount sufficient to record management costs and degradation costs, if applicable.
(O) Obstruction permit fee. The city shall impose an obstruction permit fee in an amount sufficient to recover management costs.
(P) 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.
(Q) Exceptions. No permit shall be required for the following:
(1) Surface landscaping work;
(2) Driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts, and pillars;
(3) Snow removal activities;
(4) Irrigation systems, provided that the system does not connect directly to water mains in the right-of-way;
(5) Activities of the city except sanitary sewer and water utilities; and
(6) Routine obstruction of the right-of-way for less than eight hours in total duration, including, without limitation, switching, fuse replacement, transformer replacement, line guard placement, leak surveys, anode installations, and inspections.
(Ord. 277, passed 11-13-2017)