(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit, or shall provide written reasons for the denial of the application if the city believes the requirements have not been satisfied.
(B) Conditions.
(1) 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.
(2) Notice of work. Upon request by the Director, the permittee shall notify in writing, in a form approved by the Director, all residents specified by the Director whose property is adjacent to the right-of-way where the proposed work is to be done including anticipated start and completion dates and contact information. Written notification is not required for routine obstruction, overhead, and excavation projects as described in this chapter.
(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) 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 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.
(3) No wireless facility may extend more than ten feet above its wireless support structure.
(4) 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.
(5) 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.
(6) 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.
(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 may require payment of the following:
(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; and
(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 the applicant.
(Ord. 2018-6, passed 11-26-2018)