(A) Permit issuance. If the registrant has satisfied the requirements of this chapter, the city shall issue:
(1) A small wireless facility permit within 90 days if the facility would be attached to a new structure;
(2) A small wireless facility permit within 60 days if the if the facility would be collocated on an existing structure; or
(3) All other right-of-way permits within ten business days.
(B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the registrant 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 (Excavation Notice System), as it may be amended from time to time, and Minn. Rules Ch. 7560, each as amended.
(C) Small wifeless 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 submitted by the registrant.
(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 the 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 a registrant proposes to install a new wireless support structure in the right-of-way, the city may impose reasonable separation requirements between the structure and any existing wireless support structure or other facilities in and around the right-of-way.
(5) Where a registrant 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 the structure.
(6) Where a registrant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of the structure.
(7) Where a registrant proposes to install a small wireless facility in a single-family residential (i.e., as of the effective date of this chapter, AP, AG-C, GR, VN) or historic zoned district (as may later be established by this chapter or by applicable state or federal law or regulation), the city will require a conditional use permit.
(D) Small wireless facility agreement.
(1) A small wireless facility permit shall only be issued after the registrant has executed a collocation agreement with the city. The collocation agreement may require payment of the following:
(a) Up to $150 per year for rent to collocate on a wireless support structure owned by the city;
(b) Twenty-five dollars per year for maintenance associated with the collocation; and
(c) If the registrant/permittee obtains electrical service through the city, 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 collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit; provided, however, that the registrant 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 existing agreement between the city and the registrant established by the effective date of this chapter.
(Ord. 204, passed 12-18-2018)