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12-20-2017 Council Packet
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12-20-2017 Council Packet
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<br />Sec. 1.10. Permit Applications. <br />Application for a permit is made to the city. Right of way permit applications shall contain, <br />and will be considered complete only upon compliance with, the requirements of the following <br />provisions: <br /> <br />(a) Registration with the city pursuant to this chapter. <br />(b) Submission of a completed permit application form, including all required attachments, <br />and scaled drawings showing the location and area of the proposed project and the <br />location of all known existing and proposed facilities. <br />(c) Payment of money due the city for: <br />(1) permit fees, estimated restoration costs, and other management costs; <br />(2) prior obstructions or excavations; <br />(3) any undisputed loss, damage, or expense suffered by the city because of applicant’s <br />prior excavations or obstructions of the rights of way or any emergency actions <br />taken by the city; <br />(4) franchise fees or other charges, if applicable. <br />(d) Payment of disputed amounts due the city by posting security or depositing in an <br />escrow account an amount equal to at least 110 percent of the amount owing. <br />(e) Posting an additional or larger construction performance bond for additional facilities <br />when applicant requests an excavation permit to install additional facilities and the city <br />deems the existing construction performance bond inadequate under applicable <br />standards. <br /> <br />Sec. 1.11. Issuance of Permit; Conditions. <br />Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city <br />shall issue a permit. <br />Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit <br />and the performance of the applicant thereunder to protect the health, safety, and welfare or <br />when necessary to protect the right of way and its current use. In addition, a permittee shall <br />comply with all requirements of local, state, and federal laws, including but not limited to Minn. <br />Stat. §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. <br /> <br />Subd. 3. Small Wireless Facility Conditions. In addition to subdivision 2, the erection or <br />installation of a wireless support structure, the collocation of a small wireless facility, or other <br />installation of a small wireless facility in the right-of-way, shall be subject to the following <br />conditions: <br />(a) A small wireless facility shall only be collocated on the particular wireless support <br />structure, under those attachment specifications, and at the height indicated in the <br />applicable permit application. <br />(b) No new wireless support structure installed within the right-of-way shall exceed 50 feet <br />in height without the city’s written authorization, provided that the city may impose a <br />lower height limit in the applicable permit to protect the public health, safety and welfare <br />or to protect the right-of-way and its current use, and further provided that a registrant <br />may replace an existing wireless support structure exceeding 50 feet in height with a <br />structure of the same height subject to such conditions or requirements as may be <br />imposed in the applicable permit.
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