(A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, 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 through 216D.09 (Gopher One-Call Excavation Notice System) and Minn. Rules Ch. 7560.
(C) Small wireless facility conditions. In addition to division (B), 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) Color(s) of all small wireless facilities/equipment shall complement the associated support structure and/or the surrounding area. Said color(s) shall be selected from a palette of city approved earth tones or natural colors.
(2) Cables/wires associated with small wireless facilities shall be concealed or enclosed in an equipment box or conduit. Any external cables/wires hanging off a pole or enclosed in conduit shall be approved by the City Engineer.
(3) Ground equipment associated with small wireless facilities shall be minimized to lessen the visual impact.
(4) Concealment, stealth, shrouding, and camouflaging of small wireless facilities and equipment shall be encouraged in certain areas, including, but not limited to, the Central Business District, Park District, Residential Districts, and Gateway Districts. Undergrounding shall also be encouraged in these districts.
(5) Undergrounding. A network provider shall comply with nondiscriminatory undergrounding requirements, City Code provisions, zoning regulations, state law, private deed restrictions, and other public or private restrictions that prohibit installing above-ground structures in a public right-of-way without first obtaining zoning or land use approval. This requirement or restriction shall not be interpreted to prohibit a network provider from replacing an existing structure. Undergrounding may be required at the discretion of the City Engineer in districts or zones requiring additional review and approval, including, but not limited to, Design Districts, Historic Districts, Residential Districts, Municipal Parks, and locations where additional review is required for right-of-way management and public health and safety, including, but not limited to, intersections and high-traffic areas.
(6) 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 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 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.
(7) No wireless facility may extend more than ten feet above its wireless support structure.
(8) Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. Any separation distance under 150 feet shall require additional information be submitted to the City Engineer for review and approval. Such information shall demonstrate the need for closer spacing between structures/facilities.
(9) Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, such equipment shall be consistent with the city's aesthetic standards regarding wireless equipment as adopted by the City Engineer and/or within the city's design manual. Such standards shall ensure that wireless equipment is installed with a stealth design and that equipment does not detract from the character of the area in which it is installed. In addition, the City Engineer shall adopt standards that ensure city assets can continue to effectively perform their intended function. Standards shall be made available with the application required for a small cell permit.
(10) 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.
(11) A permit will be deemed void if the approved equipment is not installed within one year of issuance of the permit.
(D) Small wireless facility 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 shall require the following, up to a total annual fee of $270:
(a) Up to $150 per year for rent to collocate on the city structure;
(b) Twenty-five dollars per year for maintenance associated with the collocation;
(c) A monthly fee for electrical service as follows:
1. Seventy-three dollars per radio node less than or equal to 100 maximum watts;
2. One hundred eighty-two dollars per radio node over 100 maximum watts; or
3. The actual costs of electricity, if the actual costs exceed the foregoing.
(2) 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.
(Ord. 2019-295, passed 3-25-2019)