§ 93.44  ISSUANCE OF PERMIT; CONDITIONS.
   (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 M.S. § 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560.
   (C)   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 M.S. Ch. 216D and Minn. Rules Ch. 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the city.
   (D)   Driveway access. As a condition of the applicable permit, permitees must comply with the most current engineering standards adopted by the city.
   (E)   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 10 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.
      (7)   The permittee shall screen all aboveground facilities and make reasonable accommodations for decorative wireless support structures or signs, as required by the city. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility.
   (F)   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 as set forth in the city fee schedule.
      (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 applicant.
(Ord. 2021-10-1, passed 10-12-2021)