(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue the applicable permit: (1) within 90 days of receiving an excavation and/or obstruction permit application; (2) within 90 days of receiving an application to deploy a small wireless facility using a new wireless support structure; and (3) within 60 days of receiving an application to deploy a small wireless facility using an existing wireless support structure; unless tolled, or shall provide a written reason for denial of the application if the city believes the requirements herein have not been satisfied. The city may notify the applicant on or before the tenth day after submission that the application is materially incomplete and identify the missing information and regulation requiring the information. The applicable 90 day/60 day review period shall restart at zero on the date upon which the applicant submits all the documents and information identified by the city to render the application complete.
(B) Conditions generally.
(1) The city may impose reasonable conditions upon the issuance of a permit hereunder 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, including but not limited to: ground-mounted equipment is prohibited unless the applicant can show that ground-mounted equipment is necessary for the operation of the utility. If ground-mounted equipment is necessary, it shall comply with the provisions of this code and shall also meet the following standards:
(a) Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall not interfere with vehicle and pedestrian intersection sight lines;
(b) Ground-mounted equipment shall not create a safety hazard;
(c) If placed above grade, ground-mounted equipment shall be separated from other above grade ground-mounted equipment by a minimum of 330 feet unless waived by the city;
(d) If placed above grade and located adjacent to residential uses, ground-mounted equipment shall be limited to three feet in height and 27 cubic feet in cumulative size;
(e) If placed above grade and located adjacent to non-residential uses, ground-mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size; and
(f) Ground-mounted equipment shall be designed or screened in a manner to comply with the following requirements:
1. It shall blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal and state authorities.
2. Screening plans shall be provided and include a 100% opaque barrier to be constructed and must be approved by the City Council prior to the issuance of the small wireless facility permit.
(2) In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to M.S. § 216D.01-09 (Gopher One Call Excavation Notice System) and Minn. Rules part 7560.
(C) Small wireless facility permit conditions. In addition to division (B) of this section, a small wireless facility permit shall also be conditioned upon the wireless support structure, small wireless facilities and equipment meeting the following requirements:
(1) The collection of small wireless facilities on utility poles or other structures owned or under the control of the city that are located within the right-of-way shall be authorized by City Council upon terms and conditions established by the City Council. A wireless service provider that is granted authority to collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public right-of-way are required to enter into a standard small wireless facility collocation agreement, but not an individual license, franchise, or other similar agreement with the local government unit or any other entity.
(2) A new wireless support structure, including attached antennas, shall not exceed 50 feet above ground level and all wireless support structures shall be separated from other wireless support structures by a minimum of 600 feet.
(3) Notwithstanding requirement (C)(2) of this section, a new 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.
(4) The diameter of a new wireless support structure that replaces an existing wireless support structure shall not exceed the diameter of the existing wireless support structure by more than 50%.
(5) The small wireless facility shall have limited exposed cabling and mounting hardware. It shall also match the wireless support structure it is attached to in color and, as close as practicable in material and design.
(6) The small wireless facility shall not interfere with public safety wireless telecommunications.
(7) Small wireless facilities in the right-of-way shall be removed and relocated at the city's request and at no cost to the city when the city determines that removal and relocation is necessary to prevent interference with:
(a) Present or future city use of the right-of-way for a public project;
(b) The public health, safety, or welfare; or
(c) The safety and convenience of travel over the right-of-way.
(8) A small wireless facility attached to an existing wireless support structure shall not block light emanating from the wireless support structure and shall not otherwise interfere with the original use of the wireless support structure.
(D) Consolidated small wireless facilities permit applications. In rendering a decision on a consolidated small wireless facility permit application, the city may approve a permit for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits as a basis to deny all the small wireless facilities in the application.
(E) Small wireless exemptions. A small wireless facility permit shall not be required, but an obstruction permit or excavation permit may be required, to conduct the following activities in the right-of-way:
(1) Routine maintenance of a small wireless facility;
(2) 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
(3) Installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes.
(F) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in M.S. Chapter 216D and Minn. Rules part 7560, and shall require potholing or open cutting over existing underground utilities before excavating, determined by the city.
(G) Denial. Any denial of a permit will be made in writing and will set forth the basis for the denial. The city will notify the applicant in writing within three business days of its decision to deny or revoke a permit. If a permit application is denied, the applicant may cure the deficiencies identified by the city and resubmit its application. If the applicant resubmits the application within 30 days of receiving written notice of the denial, it will not be charged an additional fee. The city will either approve or deny the revised application within 30 days after the revised application is received by the city.
(H) Term. The term of an obstruction or excavation permit shall be equal to the length of time set forth on the obstruction or excavation permit. The term of a small wireless facility permit shall be equal to the length of time that the small wireless facility is in use, unless earlier revoked under this chapter.
(Ord. 2017-05, passed 12-4-2017; Ord. 2019-01, passed 2-19-2019)