2019-001 Council Ordinances - Laserfiche WebLink

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(e) Moratorium Prohibited. Notwithstanding any Applicable Law to the contrary. including, but not limited to, Minnesota Statutes Sections 394.34 and 462.355, the Department shall not establish any moratorium with respect to the filing. receiving, or processing of applications for Small Wireless Facility Permits. or issuing or approving Small Wireless Facility Permits. (f) Nondiscriminatory Processing of Applications. The Department shall ensure that any Application processed under this Chapter is performed on a nondiscriminatory basis. (g) Permit Not Required. A Pennittee shall provide 30 days advance written notice to the Department, but shall not be required to obtain a Small Wireless Facility Permit, or pay an additional Small Wireless Facility Permit fee for: i. routine maintenance; ii. the replacement of a Small Wireless Facility with a Small Wireless Facility that is substantially similar to or smaller in size; or iii. the installation, placement, maintenance, operation. or replacement of a Micro Wireless Facility that is strung on a cable between existing Utility Poles, in compliance with the National Electrical Safety Code. § 305.06 SMALL WIRELESS FACILITY PERMIT CONDITIONS (1) General Conditions of Approval. In processing and approving a Small Wireless Facility Permit, the Department shall condition its approval on compliance with: (a) Generally applicable and reasonable health, safety, and welfare regulations consistent with the City's Public Right -of -Way management; (b) Reasonable accommodations for a Decorative Pole; (c) Any reasonable restocking. replacement, or relocation requirements when a new Wireless Support Structure is placed in the Public Right -of -Way; (d) Construction of the proposed Small Wireless Facility within six (6) months from the date the Small Wireless Facility Permit is issued; (e) Obtaining additional authorization for use of the Public Right -of -Way for the construction of Wireline Backhaul Facilities or any other wired facilities; (f) Compliance with the City's General Standards, Desiim Standards. and Construction Standards: and (g) Compliance with all Applicable Law. (2) Generally Applicable and Reasonable Health, Safety, and Welfare Regulations. Generally applicable and reasonable health, safety, and welfare regulations for purposes of this Section include, without limitation, the following: (a) A structural engineering analysis by a Minnesota registered professional engineer certifying that a Wireless Support Structure can reasonably support a proposed Small Wireless Facility considering the conditions of the street. the anticipated hazards from traffic to be encountered at the proposed location, and 10