(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 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-.09 (Gopher One Call Excavation Notice System) and Minn. Rules Chapter 7560.
(C) Small wireless facility conditions. In addition to division (B) above, 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) The small wireless facility shall not interfere with public safety wireless telecommunications.
(3) The small wireless facility shall not extend outward from the wireless support structure by more than two and one-half feet, except that an antenna one-half inch in diameter or less may extend an additional six inches.
(4) Small wireless facilities shall be mounted so there is vertical clearance of at least eight feet between the facility and any pedestrian sidewalk.
(5) Small wireless facilities shall be located so as not to obstruct light fixtures. If small wireless facilities are to be located on a light pole, a lighting plan shall be submitted to demonstrate the facilities will not block light on the street or sidewalk.
(6) No small wireless facility shall be collocated on any city owned traffic control device.
(7) 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.
(8) No wireless facility may extend more than ten feet above its wireless support structure.
(9) No lights, reflectors, flashers or other illuminating devices shall be affixed to any small wireless facility or wireless support structure except as required by the Federal Aviation Administration, Federal Communications Commission, or the city. Brackets supporting small wireless facilities shall be designed to minimize the appearance and profile of the facilities. Bracket colors and materials should match the wireless support structures they are attached to.
(10) No stickers, signs, or decals shall be visible on any small wireless facility or wireless support structure, except:
(a) Safety alerts required by law;
(b) One sign not over ten square inches in area may be affixed indicating the name of the manufacturer or installer;
(c) A banner or sign may be attached to a wireless support structure or small wireless facility at the city's request to conform to other wireless support structures or small wireless facilities.
(11) 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 300 feet of any existing wireless support structure in and around the right-of-way.
(12) If feasible and desirable, as determined by the City Engineer or designee, a new or replacement wireless support structure shall match the original and surrounding poles in structure and material.
(13) Wireless support structures shall be of monopole design not exceeding 18 inches in diameter.
(14) All wireless support structures shall be constructed of corrosive-resistant steel or other corrosive-resistant, noncombustible materials. Wireless support structures shall not be constructed or made of wood, including timbers or logs.
(15) All electric, telephone, cable, fiber, or other utility 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.
(16) No wireless support structure shall have constructed on it, or attached to it, in any way, any platform, catwalk, crow's nest or similar structure, except structures necessary for the maintenance of small wireless facilities.
(17) Wireless support structures and small wireless facilities shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of this Code.
(18) Small wireless facilities and wireless support structures shall be located so as not to obstruct traffic lights, traffic signs, street signs, or wayfinding signage.
(19) No small wireless facility or wireless support structure shall be located in a position that disrupts traffic or pedestrian circulation or interferes with vehicle and pedestrian sight lines.
(20) Ground-mounted equipment associated with a small wireless facility is prohibited unless the applicant can show that ground-mounted equipment is necessary for operation of the small wireless facility. If ground-mounted equipment is necessary, it shall be placed below grade unless not technically feasible. If ground-mounted equipment is placed above grade, the design of ground equipment shall minimize its visual impact in the right-of-way. Ground-mounted equipment shall not disrupt traffic or pedestrian circulation or interfere with vehicle and pedestrian sight lines.
(21) A permit for a small wireless facility that has ground-mounted equipment will only be issued if the city finds:
(a) The ground-mounted equipment will not disrupt traffic or pedestrian circulation;
(b) The ground-mounted equipment will not create a safety hazard;
(c) The location of the ground-mounted equipment minimizes impacts on adjacent property; and
(d) The ground-mounted equipment will not adversely impact the health, safety, or welfare of the community.
(22) Ground-mounted equipment for a small wireless facility must be set back from a sidewalk by a minimum of three feet.
(23) Vegetative or other screening compatible with the surrounding area shall be provided around ground-mounted equipment if deemed necessary by the City Engineer or designee.
(24) Small wireless facilities shall not be permitted to collocate on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities if it will alter the appearance or intended purpose of such sign or structure.
(25) 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.
(26) A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, temporarily or permanently remove and relocate its small wireless facilities and wireless support structures in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the city, in connection with:
(a) A present or future city use of the right-of-way for a public project;
(b) The public health or safety;
(c) The safety and convenience of travel over the right-of-way.
(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 the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following:
(1) $150 per year for rent to collocate on the city structure.
(2) $25 per year for maintenance associated with the collocation.
(3) A monthly fee for electrical service as follows:
(a) $73 per radio node less than or equal to 100 maximum watts;
(b) $182 per radio node over 100 maximum watts;
(c) The actual costs of electricity, if the actual costs exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit fee, 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) Action on small wireless facility permit applications.
(1) Deadline for action. The city shall approve or deny a small wireless facility permit application for collocation of a small wireless facility on a preexisting structure within 60 days after filing of a complete application. The city shall approve or deny a small wireless facility permit application for construction of a new wireless support structure within 90 days after filing of a complete application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within 90 days of receipt of a complete application.
(2) Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application:
(a) Are located within a two-mile radius;
(b) Consist of substantially similar equipment; and
(c) Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application.
(3) Tolling of deadline. The deadline for action on a small wireless facility permit application may be tolled if:
(a) The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension.
(b) The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt of the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing of any still-missing information.
(c) The city and a small wireless facility applicant agree in writing to toll the review period.
(Ord. 754, passed 9-6-2016; Am. Ord. 780, passed 4-2-19)