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(5) The time schedule for the project conflicts with scheduled public improvement of <br />the public right-of-way. <br />(6) The time schedule for the project conflicts with another applicant's previously <br />approved project. <br />(7) The proposed project violates a provision of this chapter or city Code. <br />(8) The proposed project is adverse to the public health, safety and welfare, by <br />interfering with the safety and convenience of ordinary travel over the public <br />right-of-way, or endangers the public right-of-way and its users based on one or <br />more of the following factors: <br />a. The extent of public right-of-way area available; <br />b. The competing demands for the particular proposed area space in the public <br />right-of-way; <br />c. The availability of other locations in the public right-of-way or in other public <br />rights-of-way for the facility(ies) or equipment of the permit applicant; <br />d. The applicability of an ordinance or other regulation that affect the location of <br />a facility or equipment in the public right-of-way; <br />e. Except for small wireless facilities permits, the applicant's prior <br />noncompliance with the terms and conditions of its franchise, this article and <br />other applicable ordinances and regulations; <br />f. The condition and age of the public right-of-way and the city's scheduled <br />reconstruction thereof; and <br />g. The costs of disruption to the public and damage to the public right-of-way <br />balanced against any benefits to the public served by an expansion into <br />additional parts of the public right-of-way for facilities or equipment. <br />(B) Right to cureÏSmall wireless facilities. Pursuant to Minn. Stat. § 237.163, subd. 4(f), <br />for small wireless facilities permits, if a permit application is denied, the <br />telecommunications right-of-way user may cure the deficiencies identified by the city <br />and resubmit its application. <br /> <br />(C) Procedural requirements. The denial of a permit must be made in writing and must <br />document the basis for the denial. The city must notify the applicant or right-of-way <br />user in writing within three business days of the decision to deny a permit. If an <br />application is denied, the right-of-way user may address the reasons for denial <br />identified by the city and resubmit its application. If the application is resubmitted <br />within 60 days of receipt of the notice of denial, no additional application fee shall be <br />18 <br /> <br />