§ 152.30  ISSUANCE OF PERMIT; CONDITIONS.
   (A)   Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
   (B)   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. In addition, a permittee shall comply with all requirements of local, state and Federal laws, including but not limited to M.S. §§ 216D.01 through 216D.09 (Gopher One Call Excavation Notice System) and Minn. Rules Ch.7560.
   (C)   Small wireless facility conditions. In addition to division (B), 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)   The small wireless facility shall not interfere with public safety wireless telecommunications.
      (3)   The small wireless facility shall not extend outward from the wireless support structure more than two and one-half feet, except that an antenna one-half inch in diameter or less may extend an additional six inches.
      (4)   Small wireless facilities shall be mounted so there is vertical clearance of at least eight feet between the facility and any pedestrian sidewalk.
      (5)   Small wireless facilities shall be located not to obstruct light fixtures. If small wireless facilities are to be located on a light pole, a lighting plan shall be submitted to demonstrate the facilities will not block light on the street or sidewalk.
      (6)   No small wireless facility shall be collocated on any city owned traffic control device.
      (7)   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.
      (8)   No wireless facility may extend more than ten feet above its wireless support structure.
      (9)   No lights, reflectors, flashers or other illuminating devices shall be affixed to any small wireless facility or wireless support structure except as required by the Federal Aviation Administration, Federal Communications Commission, or the city.
      (10)   Brackets supporting small wireless facilities shall be designed to minimize the appearance and profile of the facilities. Bracket colors shall match the wireless support structures they are attached to.
      (11)   No stickers, signs, or decals shall be visible on any small wireless facility or wireless support structure, except:
         (a)   Safety alerts required by law;
         (b)   One sign not over ten square feet in area indicating the name of the manufacturer or installer;
         (c)   A banner or sign may be attached to a wireless support structure or small wireless facility at the city's request to conform to other wireless support structures or small wireless facilities.
      (12)   Where an applicant proposes to install a new wireless support structure in the right-of-way, the new wireless support structure shall not be located within 300 feet of any existing wireless support structure.
      (13)   The city shall not allow small cell wireless facility equipment to be installed on city owned decorative lighting structures.
      (14)   At the request of the city, a new or replacement wireless support structure may be required to match the original and/or surrounding poles in width, design, structure, and materials.
      (15)   All electric, telephone, cable, fiber, or other utilities necessary to operate a small wireless facility shall be installed within the applicable wireless support structure where practicable. All of a small wireless facility that is affixed to a wireless support structure which has exterior exposure shall be as close to the color of the wireless support structure as is commercially available.
      (16)   No wireless structure shall have constructed on it, or attached to it, in any way, any platform, catwalk, crow's nest or similar structure, except structures necessary for the maintenance of small wireless facilities.
      (17)   Wireless support structures and small wireless facilities shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of this code.
      (18)   Small wireless facilities and/or wireless support structures shall not be located in a position that disrupts traffic or pedestrian circulation or interferes with vehicular or pedestrian sight lines.
      (19)   Ground-mounted equipment associated with a 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 be placed below grade unless not technically feasible. If ground-mounted equipment is placed above grade, the design of ground equipment shall minimize its visual impact in the right-of-way. Ground-mounted equipment shall not disrupt pedestrian or traffic circulation or interfere with vehicular or pedestrian sight lines.
      (20)   A permit for a small wireless facility that has ground-mounted equipment will only be issued if the city finds:
         (a)   The ground-mounted equipment will not disrupt traffic or pedestrian circulation;
         (b)   The ground-mounted equipment will not cause a safety hazard;
         (c)   The location of the ground-mounted equipment will minimize impacts on adjacent properties;  and
         (d)   The ground-mounted equipment will not adversly impact the health, safety, or welfare of the community.
      (21)   Ground-mounted equipment for a small wireless facility shall be setback a minimum of three feet from any sidewalk.
      (22)   Vegetation or other screening compatible with the surrounding area shall be provided around any ground-mounted equipment if deemed necessary by the city.
      (23)   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.
      (24)   A right-of-way user shall promptly and at its own expense, with due regard for seasonal limitations, temporarily or permanently remove and relocate its small wireless facilities and wireless support structures in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the city, in conjunction with:
         (a)   A present or future city use of the right-of-way for a public project;
         (b)   The public health or safety; and
         (c)   The safety and convenience or travel over the right-of-way.
   (D)   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:
            1.   Seventy-three dollars per radio node less than or equal to 100 maximum watts;
            2.   One-hundred and eighty-three per radio node over 100 maximum watts; or
            3.   The actual costs of electricity, if the actual cost exceed 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,
(Ord. 2019-04, passed 4-8-2019, § 1)