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 public health, safety and welfare or, when necessary, to protect the right-of-way and its current and future use.
1. Installation, placement, location and relocation of facilities shall comply with all Federal, State and local laws.
2. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this section and all other applicable Federal, State and local laws.
3. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions.
4. Project operations and work shall be conducted in a manner so as to ensure the least obstruction to and interference with present and continued use of the right-of-way.
5. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage.
6. The permittee shall notify abutting property owners with a forty-eight (48) hour written notice prior to commencement of any permitted project.
7. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof.
8. The permittee shall comply with the “Minnesota Manual On Uniform Traffic Control Devices” (MMUTCD) at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night.
9. The permittee shall comply with all conditions of the permit.
10. When any trail, sidewalk or driveway has been cut, City approved signage must be kept in place and maintained until restoration is complete.
11. The permittee shall provide proper trench protection as required by OSHA to prevent any cave in; injury to property or persons; or enlargement of the excavation.
12. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be secured and protected to prevent surface drainage and access by unauthorized persons.
13. The permittee shall protect the root growth of trees and shrubbery located within the right-of-way and adjacent thereto. Facilities shall be placed outside of the current and/or future mature dripline of the tree to prevent future tree-facility conflicts.
14. The permittee shall coordinate project work and installation of facilities in collocations involving other right-of-way users.
15. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access.
16. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota licensed surveyor, any property corners or monuments disturbed as a result of the project.
17. The permittee shall complete restoration of the right-of-way in conformance with this section.
18. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces.
19. The permittee shall remove daily, or as required by the City, all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work.
20. The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and comply with all requirements of local, State and Federal laws.
21. The permittee shall not do any work outside the project area as specified in the permit.
22. The permittee shall conduct a public informational meeting for all major projects as deemed necessary by the City.
23. In new subdivisions in which public utilities have been constructed, permit applications will not be accepted for review prior to construction plan completion by the subdivider’s engineer and the mapping requirements specified in section 7-15-23 of this chapter have been satisfied. Construction plans shall be submitted to service/utility service providers (as defined in section 7-15-3 by the subdivider’s engineer.
24. Trenchless excavation/directional boring is prohibited more than forty-eight inches (48") below grade unless approved by the City Engineer.
C. Small Wireless Facility Conditions: In addition to subsection B of this section, 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 fifty feet (50') above ground level 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 wireless support structure that replaces an existing wireless support structure in the public right-of- way that is greater than fifty feet (50') above ground level in height may be placed at the height of the existing wireless support structure, subject to such conditions or requirements as may be imposed in the applicable permit.
3. No wireless facility constructed in the right-of-way after May 30, 2017 may extend more than ten feet (10') above a wireless support structure existing on May 30, 2017.
4. Where an applicant proposes to install a new wireless support structure in the right-of-way, the new wireless support structure may not be located within six hundred feet (600') of any existing wireless support structure in and around the right-of-way.
5. All new or replacement wireless support structure and equipment shall match the surrounding poles in structure, materials, and color.
6. Wireless support structures shall be of a monopole design not exceeding eighteen inches (18") in diameter.
7. All electric, telephone, cable, fiber, or other utility lines 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. Electrical, telephone, cable, fiber, or other utility lines are not allowed to be coiled or rolled up and externally attached to the support structure or equipment boxes.
8. 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.
9. 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.
10. No small wireless facility shall be collocated on any City owned traffic control device.
D. Small Wireless Facility Agreement: 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 applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require payment of the following:
1. Management costs;
2. Up to one hundred fifty dollars ($150.00) per year for rent on the City structure;
3. Twenty-five dollars ($25.00) per year for maintenance associated with the collocation;
4. A monthly fee for electrical service as follows:
a. Seventy-three dollars ($73.00) per radio node less than or equal to one hundred (100) maximum watts;
b. One hundred eighty-two dollars ($182.00) per radio node over one hundred (100) maximum watts;
c. The actual cost of electricity, if the actual cost exceeds the foregoing.
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.
E. County Or State Right-Of-Way: Any right-of-way user who is required to obtain any County or State permit for excavation or obstruction in any Dakota County or Minnesota Department of Transportation right-of-way must provide notification of permitting to the City within one week of obtaining the permit but no less than forty eight (48) hours before the excavation would begin. (Ord. 1007, 2-4-2019; amd. Ord. 1054, 11-1-2021)