(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 Minn. Stat. §§ 216D.01 – 216D.09 (Gopher One Call Excavation Notice System) and Minn. Rules Ch. 7560.
(C) Additional Small Wireless Facility Conditions. In addition to subdivision (B), the erection or installation of a wireless support structure, or the collocation of a small wireless facility, 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, and further provided that an applicant 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 support structures 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.
(7) The execution of a Small Wireless Facility Collocation Agreement that incorporates any additional terms and conditions mutually agreed upon by the City and the applicant. A small wireless facility collocation agreement is considered public data not on individuals and is accessible to the public under Minn. Stat. § 13.03. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the City and applicant.
(D) Payment of Rent.
(1) For collocations of small wireless facilities, the City can, either in its permit or in a standard collocation agreement, require annual rental payments for the small wireless collocations of up to:
(a) $150 per year for rent to collocate on the City structure.
(b) $25 per year for maintenance associated with the collocation.
(c) A monthly fee for electrical service as follows:
(i) $73 per radio node less than or equal to one hundred (100) maximum watts;
(ii) $182 per radio node over one hundred (100) maximum watts; or
(iii) The actual cost of electricity if the actual cost exceeds the foregoing.
(2) For collocations or placements, other than of small wireless facilities, the City can charge a mutually agreed upon rent reached between the City and the applicant.
(E) Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minn. Stat. § 216D and Minn. Rules Ch. 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City.