2019-001 Council Ordinances - Laserfiche WebLink

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Department, the Director, in his or her discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions. require an Applicant to pay a sum in excess of the other fee amounts charged pursuant to this Section. This additional sum shall be sufficient to recover the actual. reasonable costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with a Small Wireless Facility Permit Application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. The Department may not require a fee imposed under this Chapter through the provision of in -kind services by an Applicant as a condition of consent to use to City's Public Right -of -Ways or to obtain a Small Wireless Facility Permit. (6) Reimbursement of City Costs. The Department may determine that it requires the services of an expert in order to evaluate a Small Wireless Facility Permit Application. In such cases. the Department shall not issue a Small Wireless Facility Permit pursuant to the Application unless the Applicant agrees to reimburse the Department for the actual, reasonable costs incurred for the services of a technical expert. § 305.16 SEVERABILITY (1) Severability. If any section, subsection, subdivision. paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid. or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. SECTION TWO: Section 304.03(1) of the Lino Lakes Cite Code is hereby amended, as follows: § 304.03 PERMIT REQUIREMENT. (1) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, including county roads or state highways within the city, collocate a small wireless facility, or install or replace a wireless support structure in addition to collocate a small wireless facility on the wireless support structure_without first having obtained the appropriate pen -nit from the city. (a) Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described 20