Except as otherwise provided for in this chapter, no person may obstruct or excavate any right-of-way, or install or place facilities or equipment in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so.
(A) Excavation permit. An excavation permit is required to allow the holder to excavate that part of the right-of-way described in such permit and/or to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein.
(B) Obstruction permit.
(1) An obstruction permit is required to allow the holder to hinder free and open passage over the specified portion of the right-of-way by placing equipment, vehicles or other obstructions described therein on the right-of-way for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
(2) No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless a new permit or permit extension is granted.
(C) Small wireless facility permit.
(1) A small wireless facility permit is required to install or place a new facility in that part of the public right-of-way described in such permit and/or to place or collocate a small wireless facility to the wireless support structure described in such permit;
(a) Routine maintenance of a small wireless facility;
(b) Replacement of a small wireless facility with a new 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 placement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes.
(2) The telecommunications right-of-way user must notify the city of these activities at least seven days before the activities are scheduled to occur if the work will obstruct a public right-of-way.
(3) The term of a small wireless facility permit is equal to the length of time that the small wireless facility or wireless support structure is in use, unless the permit is revoked under this chapter.
(4) The placement of small wireless facilities and wireless support structures to accommodate small wireless facilities are a permitted use in a public right-of-way, except that:
(a) A special or conditional land use permit is required to install a new wireless support structure for the siting of a small wireless facility in a right-of-way in a district or area zoned for single-family residential use or within a historic district established by federal law, state law, or city ordinance as of the date of application for a small wireless facility permit;
(b) No new wireless facility shall extend more than ten feet above its wireless support structure; and
(c) New wireless support structures installed in a right-of-way shall not exceed 50 feet above ground level, unless the city agrees in writing to a greater height, and shall be subject to separation from other wireless support structures by a minimum of 600 feet and be subject to lower height limits if necessary to protect public health, safety, and welfare or to protect the right-of-way and its current use.
(d) Notwithstanding division (C)(5)(c), a wireless support structure that replaces an existing wireless support structure that is higher than 50 feet above ground level may be placed at the height of the existing wireless support structure, unless the city agrees in writing to a greater height.
(5) An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities, or a greater number if agreed to by the city, 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.
(6) In rendering a decision on a consolidated permit application, the city may approve a permit for some small wireless facilities and deny a permit for others but will not use denial of one or more permits as a basis to deny all or some of the small wireless facilities in the application.
(D) Delay penalty. In accordance with State Public Utility Commission Rules part 7819.1000, Subd. 3, and notwithstanding the provisions of this chapter, 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.
(E) Display of permit. Excavation and obstruction permits issued under this chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the city inspector and authorized city personnel.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)