(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—216D.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560.
(C) Small wireless facility conditions. In addition to division (B) conditions 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 deny a 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) Wireless facilities constructed in the right-of-way after May 31, 2017 may not extend more than ten feet above an existing wireless support structure in place as of May 31, 2017. No wireless facility on a wireless support structure installed after May 31, 2017 shall exceed 50 feet in total combined height.
(4) Where an applicant proposes to install a new, or replace an existing utility pole for use as a wireless support structure in the right-of-way, the small wireless facilities and wireless support structures shall be located no closer than 50 feet away, radially, from another small wireless facility and wireless support structure, utility pole, other facilities in the right-of-way, or private building structures located outside of 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, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure.
(6) Where an applicant proposes to install a new or replacement wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
(7) Maintenance and modifications.
(a) Coordination of maintenance and equipment upgrade activities. Prior to telecommunication right-of-way user engaging in planned or routine maintenance activities, or equipment upgrades with equipment that is substantially similar or smaller in size, weight, height, and wind or structural loading concerning small wireless facility equipment attached to a city, county, or utility owned pole, telecommunication right-of-way user shall provide 20 days advance notice to the city in order to coordinate such maintenance activities or other public safety functions. Such 20-day advance notice shall not be required in the case of an emergency.
(b) Prior to making any other modifications to the small wireless facility described in division (C)(7)(a) above, other than maintenance and repair of site specific small wireless facility equipment as provided in the Small Wireless Facility Collocation Agreement, telecommunication right-of-way user shall file a right-of-way small wireless facility permit application with the city describing the proposed modifications. The city shall review the right-of-way small wireless facility permit application pursuant to the terms and conditions in the Small Wireless Facility Collocation Agreement, and if approved such right-of-way small wireless facility permit application shall be attached as an exhibit and made a part thereto. Any additional site modifications shall be incorporated thereto in the same manner.
(8) All small wireless facility installations within a historic district shall be stealth installations subject to the review of the Minnesota State Historic Preservation Office (SHPO) in order to satisfy that the installations are compatible with the regulations applicable to the district. Telecommunications right-of-way users shall implement design concepts, and the use of camouflage or stealth materials, as necessary in order to achieve compliance with SHPO review, the city's and other applicable regulations as amended. Prior to submitting a right-of-way small wireless facility permit application for an installation proposed in an historic district, the applicant shall meet with SHPO to discuss any potential design modifications appropriate for the installation.
(9) All small wireless facility installations within the right-of-way shall be allowed in all zoning districts, except that an applicant may only install a new wireless support structure by conditional use permit in the following zoning districts:
(a) R-l, Single-Family Residential;
(b) R-2, Medium Density Residential;
(c) R-3, Medium-High Density Residential;
(d) R-4, High Density Residential.
(10) All small wireless facilities installations within the right-of-way shall comply with the following aesthetic requirements:
(a) Antennas.
1. Each small wireless antenna shall be located entirely within a shroud or canister type enclosure.
2. 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, or mounted to the side of the wireless support structure such that the vertical centerline of the antenna enclosure shall be parallel with the wireless support structure with the height of the side mounted antenna being at a location on 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 ROW must be noted in the application and must be approved by the city.
(b) Cables and wires. 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. Cables and wires shall be routed inside the wireless support structure whenever possible.
(c) Colors. All colors shall match the background of any wireless support structure that the facilities are located upon. New wireless support structures shall be shop painted black. Notwithstanding the foregoing, in the case of existing wood utility poles, finishes of conduit shall be zinc, aluminum or stainless steel, or colored to match those metal finishes, and equipment cabinets shall be the color of brushed aluminum.
(d) Equipment enclosures/concealment.
1. Ground-mounted equipment shall incorporate concealment elements into the proposed design using materials or colors that are approved by the city. Concealment may include, but shall not be limited to. landscaping and strategic placement in less obtrusive locations.
2. 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.
(e) Signage, logos, lights, decals, cooling fans.
1. Signage. 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.
2. Lights. New small wireless facilities and wireless support structures shall not be illuminated, except in accord with local, state, or federal regulations.
3. Logos/decals. The small wireless facility operator/permittee shall remove or paint over unnecessary equipment manufacturer decals. The color shall match the wireless support structure 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.
4. Cooling fans. 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.
(D) Small wireless facility collocation 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 fees in accordance with M.S. § 237.162, Subd. 6(g) and the city Fee Schedule as they may be amended from time to time, and
(a) Up to $150 per year for rent to collocate on the city structure;
(b) $25 per year for maintenance associated with the collocation;
(c) A monthly fee for electrical service as follows:
1. $73 per radio node less than or equal to 100 maximum watts;
2. $182 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 right-of-way 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 right-of-way small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant,
(Ord. 18-0783, passed 6-26-2018; Ord. 19-796, passed 3-26-2019)