The city may, in accordance with M.S. § 237.163, Subd. 4, as it may be amended from time to time, deny any application for a permit as provided in this chapter.
(A) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be granted:
(1) To any person required by § 152.05 of this chapter to be registered who has not done so;
(2) To any person required by § 152.09 of this chapter to file an annual report but has failed to do so;
(3) For any next-year project not listed in the construction and major maintenance plan required under § 152.09 of this chapter unless the person used reasonable efforts to anticipate and plan for the project;
(4) For any project that requires the excavation of any portion of a right-of-way that was constructed or reconstructed within the preceding five years;
(5) To any person who has failed within the past three years to comply, or is presently not in full compliance, with the requirements of this chapter;
(6) To any person as to whom there exists grounds for the revocation of a permit under § 152.38 of this chapter; and/or
(7) If, in the sole discretion of the city, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with-an exhibition, celebration, festival or any other event. The city, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety and welfare.
(B) Permissive denial. The city may deny a permit in order to protect the public health, safety and welfare, to protect interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The city may consider one or more of the following factors:
(1)
The extent to which right-of-way space where the permit is sought is available;
(2) The competing demands for the particular space in the right-of-way;
(3) The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant, except that the city will not require placement of a small wireless facility on any specific wireless support structure other than the one proposed in the small wireless facility permit application;
(4) The applicability of this chapter or other regulations of the right-of-way that affect location of equipment in the right-of-way;
(5) The degree of compliance of the applicant with the terms and conditions of its franchise; if any, this chapter, and other applicable ordinances and regulations;
(6) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way;
(7) The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and
(8) The balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way.
(C) Discretionary issuance. Notwithstanding the provisions of this section, the city may issue a permit in any case where the permit is necessary:
(1) To prevent substantial economic hardship to a customer of the permit applicant;
(2) To allow such customer to materially improve its utility service; or
(3) To allow a new economic development project; and, where the permit applicant did not have knowledge of the hardship, the plans for improvement of service or the development project when said applicant was required to submit its list of next-year projects.
(D) Written notice of denial or revocation. Any denial or revocation of a right-of-way permit will be made in writing and will document the basis for the denial or revocation. The city will notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a right-of-way permit.
(E) Opportunity to cure small wireless facility permit application. If a small wireless facility permit application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the city and resubmit its application. The telecommunications right-of-way user will be required to pay another small wireless facility permit fee, unless it resubmits the application within 30 days of receiving notice of the denial. The city will approve or deny the revised application within 30 days after the revised application is submitted.
(F) Permits for additional next-year projects. Notwithstanding the provisions of this section, the city may issue a permit to a registrant who was allowed under § 152.09(B) of this chapter to submit an additional next-year project, or in the event the registrant demonstrates that it used commercially reasonable efforts to anticipate and plan for the project, such permit to be subject to all other conditions and requirements of law, including such conditions as may be imposed under § 152.27(B) of this chapter.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)