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Right-of-Way Ordinance No. 113 7 Section 46. Issuance of permit; Cconditions. 1. Permit Issuance. If the applicant has satisfied the requirements of this Section, the Zoning AdministratorCity shall issue a permit. 2. Conditions. The Zoning AdministratorCity Engineer 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, statestate, and federal laws, including but not limited to Minnesota Statutes §216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Section Chapter 7560. 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 Minnesota Statutes, Section 216D and Minnesota Rules Section 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City. Section 7. Small Wireless Facility Permits. 1. Small Wireless Facility Conditions. In addition to Section 6.2, 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: a. 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. b. 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, safet y 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. c. No wireless facility may extend more than 10 feet above its wireless support structure. d. 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. e. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, such equipment shall be consistent with the City’s aesthetic standards regarding wireless equipme nt as adopted by the City Engineer. Such standards shall ensure that wireless equipment is installed with a stealth design and that equipment does not detract from the character of the area in which it is installed. In addition, the City Engineer shall adopt standards that ensure city assets can continue to effectively perform their intended function. Standards shall be made available with the application required for a small cell permit. f. 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. a.g. A permit will be deemed void if the approved equipment is not installed within one (1) year of issuance of the permit. 1.2. Small Wireless Facility Agreement. 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 of the following: 2.a. Rent to collocate on the city structure. 3.b. Yearly fee for maintenance associated with the collocation;collocation. 4.c. A monthly fee for electrical service as follows: Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Indent: Left: 0.5", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Not Highlight Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Not Bold Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Font: Not Bold Formatted Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold Commented [EM3]: Maximums per State Stat: (1) up to $150 per year for rent to occupy space on a wireless support structure; (2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of: (i) $73 per radio node less than or equal to 100 max watts; (ii) $182 per radio node over 100 max watts; or (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii). 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