Application for a permit is made to the city. An application for a permit shall be made on forms provided by the City Engineer and shall be accompanied by the fees as determined by the City Council from time to time, which are established to reimburse the city for city costs. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions.
Subd. 1. Application. Applications shall include:
a. Scaled drawings showing the location of all facilities and improvements existing and proposed by the applicant;
b. A description of the methods that will be used for installation;
c. A proposed schedule for all work;
d. The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work;
e. The location of any public streets, sidewalks or alleys that will be disrupted by the work;
f. A description of methods for restoring any public improvements disrupted by the work;
g. Any other information reasonably required by the City Engineer;
h. Traffic control plan referencing the Minnesota Manual on Uniform Traffic Control Devices;
i. Registration with the city pursuant to this chapter;
j. Permit fees, estimated restoration costs and other management costs;
k. Prior obstructions or excavations, any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city;
l. Franchise fees or other charges, if applicable; and
m. If the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, such application shall be signed by the registrant.
Subd. 2. Permit fee.
a. The city shall impose permit fees in an amount sufficient to recover the city's costs.
b. Payment of disputed amounts due the city as determined by the City Engineer, by posting letter of credit or depositing in an escrow account an amount equal to at least 110% of the amount owed.
c. Posting an additional or larger construction cash deposit or letter of credit for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance guarantee inadequate under applicable standards.
Subd. 3. Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within 30 days of billing.
Subd. 4. Permit fees non-refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 901.15 of this chapter are not refundable.
Subd. 5. Franchise fees and city costs. Unless otherwise agreed to in a franchise, city costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
Subd. 6. Security. Unless specifically stated in a franchise agreement with the city, companies shall provide a construction performance guarantee in the amount determined by the City Engineer, but not less than $2,000 shall be required from each applicant. Security required pursuant to this subdivision shall be conditioned that the holder will perform the work in accordance with this section and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this section; and will indemnify and save the city and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the city, council or any city officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. In addition to the above-referenced security, non-franchise utility right-of-way users shall provide an irrevocable letter of credit, or cash deposit that shall remain in force as long as the non-franchise utility user has facilities in the city's right-of- way. The amount of this security shall be determined from time to time by the City Council. This security shall be in addition to the security required from any subcontractor doing work on behalf of the non-franchise right- of-way utility. The letter of credit or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the permit, as determined by the City Engineer. For permits allowing excavations within public streets, such letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work.
Subd. 7. Permit issuance; 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. No permit shall be issued to anyone who has failed to register in accordance with § 901.06 of this chapter.
Subd. 8. Small wireless facility conditions. In addition to subdivision 3, 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:
a. 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;
b. 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 the 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;
c. No wireless facility may extend more than ten feet above its wireless support structure;
d. 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;
e. 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;
f. 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; and
g. Screening, disguising, or other zoning requirements shall be found in the City Code § 1201.03, Subd. 21.
Subd. 9. Small wireless facility agreement.
a. A small wireless facility shall only be collocated on a small wireless support structure owned by 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 payment of the following fees:
(1) $150 per year for rent to collocate on the city structure;
(2) $25 per year for maintenance associated with the collocation; and
(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; or
(c) The actual costs of electricity, if the actual cost exceeded the foregoing.
b. 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.
Subd. 10. Action on small wireless facility permit applications.
a. Deadline for action. The city shall approve or deny a small wireless facility permit within 90 days after filing of such application, except as provided for in subsection c. of this section. 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 the review period established in this paragraph.
b. Consolidated applications.
(1) 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.
(2) 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 an application.
c. Tolling of deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if:
(1) 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; or
(2) 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. Once the complete application has been submitted, the 90 day deadline for action will begin.
Subd. 11. Exceptions. No permit shall be required for the following:
a. Snow removal activities;
b. Activities of the city; or
c. Installation and maintenance of sewer or water services provided that no excavation or other work is done within a street, sidewalk or alley and all work is confined to unimproved portions of rights-of-way or easements.
(Ord. 552, passed - -2018; Ord. 569, passed 8-26-2019)