(1) Eligibility for review. An application shall be eligible for review if the application conforms to the general standards adopted by the director.
(2) Authorization. A small wireless facility permit issued pursuant to any application processes hereunder shall authorize:
(a) The installation, mounting, modification, operation, and replacement of a small wireless facility in the public right-of-way or city-owned property; or
(b) Construction of a new, or replacement of any existing, wireless support structure, and collocation of a small wireless facility on the wireless support structure.
(3) Review process. An application submitted pursuant to this section shall be reviewed as follows:
(a) Submission of application. Applicant shall submit a complete application accompanied by the appropriate application fee as set forth in § 305.15 to the Department. Prior to submitting a small wireless facility permit application, an applicant shall inspect any wireless support structure on which it proposes to collocate a small wireless facility and determine, based on a structural engineering analysis by a Minnesota registered professional engineer, the suitability of the wireless support structure for the proposed collocation. The structural engineering analysis shall be submitted to the Department with the application, and shall certify that the wireless support structure is capable of safely supporting the proposed small wireless facility considering conditions at the proposed location, including the condition of the public right-of-way, hazards from traffic, exposure to wind, snow and ice, and other conditions affecting the proposed small wireless facility that may be reasonably anticipated.
(b) Application review period. The Department shall, within 60 days after the date a complete application for the collocation is submitted to the Department, issue or deny a small wireless facility permit pursuant to the application. The Department shall, within 90 days after the date a complete application is submitted for a new or replacement wireless support structure, in addition to the collocation of a small wireless facility, issue or deny a small wireless facility permit pursuant to the application. If the Department receives applications within a single seven-day period from one or more applicants seeking approval of small wireless facility permits for more than 30 small wireless facilities or 10 wireless support structures, the Department may extend the 90-day review period of this division by an additional 30 days. If the Department elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied.
(c) Completeness determination. The Department shall review a small wireless facility permit application for completeness following submittal. The Department shall provide a written notice of incompleteness to the applicant within ten days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the Department’s determination of whether the proposed equipment falls within the definition of a small wireless facility, and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit and complies with this chapter and applicable standards promulgated by the Department. If an applicant fails to respond to the Department’s notice of incompleteness within 90 days, the application shall be deemed expired and no small wireless facility permit shall be issued. Upon an applicant’s submittal of additional documents or information in response to a notice of incompleteness, the Department shall within ten days of submission notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that was not delineated in the original notice of incompleteness.
(d) Reset and tolling of review period. In the event that a small wireless facility permit application is incomplete, and the Department has provided a timely and complete written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice. Subsequent notices shall toll the applicable review period. An applicant and the Department can mutually agree in writing to toll the applicable review period at any time.
(e) Moratorium prohibited. Notwithstanding any applicable law to the contrary, including, but not limited to, M.S. §§ 394.34 and 462.355, the Department shall not establish any moratorium with respect to the filing, receiving, or processing of applications for small wireless facility permits, or issuing or approving small wireless facility permits.
(f) Nondiscriminatory processing of applications. The Department shall ensure that any application processed under this chapter is performed on a nondiscriminatory basis.
(g) Permit not required. A permittee shall provide 30 days advance written notice to the Department, but shall not be required to obtain a small wireless facility permit, or pay an additional small wireless facility permit fee for:
1. Routine maintenance;
2. The replacement of a small wireless facility with a small wireless facility that is substantially similar to or smaller in size; or
3. The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.
(Ord. 01-19, passed 11-25-2019)