(1) General conditions of approval. In processing and approving a small wireless facility permit, the Department shall condition its approval on compliance with:
(a) Generally applicable and reasonable health, safety, and welfare regulations consistent with the city’s public right-of-way management;
(b) Reasonable accommodations for a decorative pole;
(c) Any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in the public right-of-way;
(d) Construction of the proposed small wireless facility within six months from the date the small wireless facility permit is issued;
(e) Obtaining additional authorization for use of the public right-of-way for the construction of wireline backhaul facilities or any other wired facilities;
(f) Compliance with the city’s general standards, design standards, and construction standards; and
(g) Compliance with all applicable law.
(2) Generally applicable and reasonable health, safety, and welfare regulations. Generally applicable and reasonable health, safety, and welfare regulations for purposes of this section include, without limitation, the following:
(a) A structural engineering analysis by a Minnesota registered professional engineer certifying that a wireless support structure can reasonably support a proposed small wireless facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed location;
(b) A determination by the Department that, based upon reasonable engineering judgment, a proposed small wireless facility is of excessive size or weight or would otherwise subject a wireless support structure to an unacceptable level of stress;
(c) A determination by the Department that, based upon reasonable engineering judgment, a proposed small wireless facility would cause undue harm to the reliability or integrity of the city’s electrical infrastructure or would likely violate generally applicable electrical or engineering principles;
(d) A determination by the Department that a proposed small wireless facility presents an unreasonable safety hazard as specifically and reasonably identified by the Department;
(e) A determination by the Department that a proposed small wireless facility impairs the city’s ability to operate or maintain the public right-of-way;
(f) A determination by the Department that a proposed small wireless facility cannot be placed due to insufficient capacity and the infrastructure cannot be modified or enlarged consistent with the requirements of this chapter and the Department’s general standards;
(g) A determination by the Department that a proposed small wireless facility is in violation of the National Electric Safety Code or applicable law.
(3) Conditions on deemed grant application. The standard in § 305.04 and the conditions in § 305.06 shall apply to every application that is deemed approved by applicable federal and state law.
(4) Authorized use. An approval of a small wireless facility permit under this section authorizes the collocation of a small wireless facility on an existing wireless support structure to provide wireless services, or the installation or replacement of a wireless support structure and collocation of a small wireless facility, and shall not be construed to confer authorization to:
(a) Provide any service other than wireless service;
(b) Construct, install, maintain, or operate any small wireless facility or wireless support structure in a right-of-way other than the approved small wireless facility or wireless support structure; or
(c) Install, place, maintain, or operate a wireline backhaul facility in the right-of-way.
(5) Other permits required. Any person desiring to obstruct or perform excavation in a public right-of-way within the city or purposes of collocating a small wireless facility or installing or replacing a wireless support structure shall, consistent with Ch. 304 of the city code, obtain the necessary permit from the city prior to conducting any such activities.
(6) Exclusive arrangements prohibited. The city shall not enter into an exclusive arrangement with any person for use of a public right-of-way for the collocation of a small wireless facility or for the installation or operation of a wireless support structure.
(7) Unauthorized small wireless facility. No person shall install, mount, modify, operate, or replace a small wireless facility in the public right-of-way or on city-owned property, or install or replace a wireless support structure without first obtaining a small wireless facility permit from the city.
(a) If an unauthorized small wireless facility or wireless support structure is discovered, the Department shall provide written notice to the owner of the unauthorized small wireless facility within five days of discovery of the unauthorized small wireless facility. If an owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the Department need not provide any written notice.
(b) If the owner of an unauthorized small wireless facility or wireless support structure can be reasonably identified, the Department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the wireless support facility or wireless support structure and at the owner’s sole expense no sooner than five days after providing notice of the Department’s discovery of the unauthorized small wireless facility or wireless support structure to the owner.
(c) If the owner of the unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the Department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s sole expense.
(8) Relocation. The Department may require a permittee to relocate or modify a small wireless facility or wireless support structure in a public right-of-way or on city-owned property in a timely manner and at the permittee’s cost if the Department determines that such relocation or modification is required to protect public health, safety, and welfare, or to prevent interference with public works projects of the Department.
(9) Security required. Each permittee shall submit and maintain within the Department a bond, cash deposit, or other security acceptable to the Department, in a form and amount determined by the Department in accordance with the general standards, securing the faithful performance of the obligations of the permittee and its agents under any and all small wireless facility permits issued to the permittee under this chapter. If, in accordance with this chapter, the Department deducts any amounts from such security, the permittee must restore the full amount of the security prior to the Department’s issuance of any subsequent small wireless facility permits. The Department shall return or cancel the security should the permittee cease to operate any small wireless facilities in the right-of-way.
(10) Payment of fees required. A small wireless facility permit shall not be issued prior to the complete payout of all applicable fees.
(11) Notice of assignment required. A permittee upon or within 30 calender days after transfer, assignment, conveyance, or sublet of an attachment that changes the permit and or billing entity or ownership responsibilities shall provide written notification to the Department.
(Ord. 01-19, passed 11-25-2019)