08-05-2019 Council Packet - Laserfiche WebLink

Home Search

8 the Public Right-of-Way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration required under this Section, unless the owner of the real property over which the Public Right-of-Way traverses objects. In restoring the Public Right-of- Way, the Permittee shall consult with the Department of Wildlife Conservation regarding the species of native grasses that conform to the requirements of this paragraph. (e) Permittee’s Liability. A Permittee is solely responsible for the risk and expense of the Collocation of the Permittee’s Small Wireless Facility and installing or replacing the Permittee’s Wireless Support Structure. The City neither warrants nor represents that any area within the Public Right-of-Way is suitable for such Collocation or installation or replacement. A Permittee shall accept the Public Right-of-Way “as is” and “where is” and assumes all risks related to any use. The City is not liable for damage to Small Wireless Facilities due to an event of damage to a Wireless Support Structure in the Public Right-of-Way. § 305.05 SMALL WIRELESS FACILITY APPLICATION REVIEW PROCESS (1) Eligibility for Review. An Application shall be eligible for review if the Application conforms to the General Standards adopted by the Director. (2) Authorization. A Small Wireless Facility Permit issued pursuant to any Application processed hereunder shall authorize: (1) the installation, mounting, modification, operation, and replacement of a Small Wireless Facility in the Public Right-of-Way or City-owned property; or (2) construction of a new, or replacement of an existing, Wireless Support Structure, and Collocation of a Small Wireless Facility on the Wireless Support Structure. (3) Review Process. An Application submitted pursuant to this Section shall be reviewed as follows: (a) Submission of Application. Applicant shall submit a complete Application accompanied by the appropriate application fee as set forth in Section 305.15 (Fees and Costs) to the Department. Prior to submitting a Small Wireless Facility Permit Application, an Applicant shall inspect any Wireless Support Structure on which it proposes to Collocate a Small Wireless Facility and determine, based on a structural engineering analysis by a Minnesota registered professional engineer, the suitability of the Wireless Support Structure for the proposed Collocation. The structural engineering analysis shall be submitted to the Department with the Application, and shall certify that the Wireless Support structure is capable of safely supporting the proposed Small Wireless Facility considering conditions at the proposed location, including the condition of the Public Right-of-Way, hazards from traffic, exposure to wind, snow and ice, and other conditions affecting the proposed Small Wireless Facility that may be reasonably anticipated.