(A) Application. In addition to an applicant’s name, address, proposed site for a WTF antenna or tower, site plan, grading and landscaping plans, written permission of the property owner (unless the property owner is the city), and any other similar information, an application for a conditional use permit, building, or other permit relating to the installation or construction of a WTF or tower, the applicant shall include the following:
(1) A statement indicating that failure to comply with the conditions of approval shall result in the revocation of the permit and removal of the WTF and/or tower;
(2) A statement indicating that the expenses incurred by the city to enforce the provisions of the permit shall be reimbursed by the applicant;
(3) A statement which requires the applicant to utilize the procedures established by the Federal Communications Commission to resolve any complaints received relating to interference allegedly caused by the facility;
(4) A statement indicating the applicant will cooperate in good faith and fair dealing in collocating WTFs;
(5) A statement indicating that the WTF or tower will be maintained in good and safe condition, and its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval shall be preserved. The maintenance shall include, but is not limited to, painting, repair of equipment, and maintenance of landscaping;
(6) A statement authorizing the city to enter the property for the purpose of periodic inspections to determine that the site complies with the provisions of this section, any conditions of approval and all safety and building codes and permits issued. This statement shall give the city the right to conduct the inspections at any time upon reasonable notice to the property owner(s), and that all expenses related to the inspections shall be borne by the applicant;
(7) A statement indicating that the applicant understands that a tower or WTF which has not been used for 12 successive months shall be deemed abandoned and may, at the sole discretion of the city, be required to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by M.S. § 463.16, as it may be amended from time to time;
(8) A written acknowledgment of the property owner indicating that the removal of any unused or abandoned tower or WTF, or portions of any such towers or WTFs, are ultimately the responsibility of the property owner; and
(9) A statement requiring the applicant to notify the city that the WTF continues to be in operation. The notice of continuing operation shall be hand delivered or sent to the City Manager or designee annually by certified mail during the last two weeks of the month of December.
(B) Escrowed funds. At the time of application for a tower or WTF conditional use or building permit, an escrow deposit shall be posted in an amount determined from time to time by City Council resolution. No interest shall accrue on any such escrowed funds. The city may charge against this deposit to recover its costs for reviewing the tower or WTF application. These costs may include, but are not limited to, city staff time over and above that covered by the application fee, consultants’ fees, and fees for third-party review. If a tower or WTF permit is approved, as a condition of approval, deposit of additional escrow funds may be required. The city will charge against this deposit to offset the city’s costs to monitor construction and ensure compliance with the conditions of approval and standards in this section. These charges may include, but are not limited to, city staff time, consultants’ fees, and fees for third-party review, monitoring, and inspection. Once construction has been completed and the applicant has complied with all conditions of approval, any remaining deposit funds shall be refunded to the party or entity that posted the escrow deposit. Refunds of the deposit shall not be construed to limit the city’s ability to recover future costs associated with review or monitoring ongoing operation of the WTF or future modifications, amendments, or transfer of the facility.
(C) Assessments. In the event the city incurs charges relating to the enforcement of this section, including, without limitation, expenses relating to third-party consultants and removal of abandoned towers and WTFs, the city reserves the right to assess the property owner for the charges in the same manner in which the city assesses and collects real property taxes.
(Prior Code, § 90.07)