§ 24-51. Permit required; bond; exceptions.

No person shall excavate, dig, tunnel, collocate trench or install any facilities, equipment or improvements above, on or beneath the surface of any right-of-way in the city or any property owned by the city without first obtaining a permit pursuant to this section.

(1)

Application; fee. An application for a permit shall be made on forms provided by the engineer and shall be accompanied by the fees set forth in section 2-724 which are established to reimburse the city for city costs. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from the payment of permit fees. 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. The application shall also be accompanied by the following:

a.

Scaled drawings showing the location of all facilities and improvements proposed by the applicant.

b.

Site plans. Applicants for permits for small wireless facilities and wireless support structures must submit site plans, elevation drawings and structural calculations prepared and signed by a professional engineer licensed by the State of Minnesota as detailed below. Site plans must depict any adjoining or nearby existing wireless facilities, with all existing transmission equipment identified; neighboring public improvements; the proposed small wireless facility, with all proposed transmission equipment and other improvements, and; the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks. Site plans must further include:

1.

Photo simulations. For all applications, photo simulations must be included. Such photo simulations must be from at least three line-of-site locations near the proposed project site depicting the viewpoints of the greatest pedestrian or vehicular traffic.

2.

Equipment specifications. For all equipment depicted on the plans, the applicant must include:

(i)

The manufacturer's name and model number;

(ii)

Physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware;

(iii)

Technical rendering of all external components, including enclosures and all attachment hardware; and

(iv)

A selection from the city's approved aesthetic standards.

c.

A description of the methods that will be used for installation.

d.

A proposed schedule for all work.

e.

The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work.

f.

The location of any public streets, sidewalks or alleys that will be disrupted by the work.

g.

A description of methods for restoring any public improvements disrupted by the work.

h.

Any other information reasonably required by the engineer.

(2)

Security. For companies not operating under a franchise with the city, a surety bond, letter of credit or cash deposit in the amount determined by the engineer but not less than $5,000.00, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the state. Security required pursuant to this subsection shall be conditioned that the holder will perform the work in accordance with this article and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this article, 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. The bond, 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. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work.

(3)

Applications for permits for multiple telecommunications facilities. Permits for multiple telecommunications facilities, including small wireless facilities may be filed in consolidated applications as required by Minn. Stats. § 237.163 subd. 3a. Permit applications that propose collocation of facilities shall indicate to the extent practicable the owner of the other facility or facilities, and if the city is the owner of those facilities, the application shall include a request for a collocation agreement using a form and providing such information as required by the city.

(4)

Applications to collocate on city-owned structures. Permit applications that propose collocation of facilities on city-owned poles, buildings or other structures owned or under the control of the city may be authorized by the council upon terms and conditions established by the council. A wireless service provider may collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public roads or rights-of-way without being required to apply for or enter into any individual license, franchise, or other agreement with the city or any other entity, other than a standard small wireless facility collocation agreement if the city elects to utilize such an agreement.

(5)

[ Charge to recover costs. ] Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a one-time, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover costs associated with a proposed attachment.

(6)

[ Additional fees. ] The city may charge each small wireless facility attached to a city-owned wireless support structure fees as specified in section 2-724 in addition to other fees or charges allowed by law.

(7)

Permit issuance; conditions.

a.

The engineer shall grant a permit within 60 days of receiving a complete application for collocation of a small wireless facility using a preexisting structure and within 90 days of receiving a complete application for attachment of a small wireless facility using a new structure upon finding the work will comply with applicable sections of this Code, or shall provide written reasons for denial of the application if the city believes the requirements have not been satisfied, unless that time period is extended or tolled as specified in state law, Minn. Stats. § 237.163 subd. 3(c).

b.

No permit shall be issued to anyone who has failed to register in accordance with section 24-50.

c.

The permit shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any city official or police officer.

d.

The engineer may impose generally applicable and reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. Placement of small and other wireless facilities shall not exceed the limits specified in state law, including but not limited to Minn. Stats. § 237.163 or city Code.

e.

The permittee shall screen all aboveground facilities and make reasonable accommodations for decorative wireless support structures or signs, as required by the director. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility. The director may also impose reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way.

f.

Any denial of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the denial. The city must notify the telecommunications right-of-way user in writing within three business days of the decision to deny a permit. If a permit application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the city and resubmit the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submitted.

(8)

Exceptions. No permit shall be required for the following:

a.

Landscaping work.

b.

Fences, driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts and pillars.

c.

Snow removal activities.

d.

Vending machines.

e.

Irrigation systems, provided that the system does not connect directly to water mains in the right-of-way.

f.

Activities of the city.

g.

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.

(9)

Special exceptions for small wireless facilities. Pursuant to state law, a person is not required to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities:

a.

Routine maintenance of a small wireless facility;

b.

Replacement of small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or

c.

Installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes.

Persons that perform these excepted activities shall provide the city advance notification of these activities if the work will obstruct a public right-of-way.

(Code 1992, § 421.04; Ord. No. 1997-7, 8-18-1997; Ord. No. 2017-12 , § 5, 11-8-2017; Ord. No. 2019-09 , § 1, 4-16-2019)