(A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, install or place facilities in the right-of-way, or construct a driveway entrance to a city street, without first having obtained the appropriate permit from the city.
(1) Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.
(2) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
(3) Driveway access and construction. A driveway access and construction permit is required prior to constructing an access driveway to any city street located in the city.
(4) Small wireless facility permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right of way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person:
(1) Makes a supplementary application for another permit before the expiration of the initial permit; and
(2) A new permit or permit extension is granted.
(C) Delay penalty. In accordance with Minn. Rule 7819.1000 subpart 3, and notwithstanding division (B) of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City Council resolution.
(D) Permit display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.
(E) 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 2-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 the application.
(F) Action on small wireless facility permit applications. The city shall review an application for collocation of a small wireless facility using a preexisting structure within 60 days and an application for attachment of a small wireless facility using a new structure within 90 days after filing of such 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 after the date a small wireless facility permit application is filed. The 90-day deadline 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 7-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.
(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 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.
(3) The city and a small wireless facility applicant agree in writing to toll the review period.
(Ord. 2021-10-1, passed 10-12-2021)