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11-25-2019 Council Packet
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11-25-2019 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
11/25/2019
Council Meeting Type
Regular
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20 <br /> <br />Department, the Director, in his or her discretion, may, after consulting with other <br />applicable City departments, agencies, boards, or commissions, require an <br />Applicant to pay a sum in excess of the other fee amounts charged pursuant to this <br />Section. This additional sum shall be sufficient to recover the actual, reasonable <br />costs incurred by the Department and/or other City departments, agencies, boards, <br />or commissions, in connection with a Small Wireless Facility Permit Application <br />and shall be charged on a time and materials basis. Whenever additional fees are <br />charged, the Director, upon request, shall provide in writing the basis for the <br />additional fees and an estimate of the additional fees. The Department may not <br />require a fee imposed under this Chapter through the provision of in-kind services <br />by an Applicant as a condition of consent to use to City’s Public Right-of-Ways or <br />to obtain a Small Wireless Facility Permit. <br /> <br />(6) Reimbursement of City Costs. The Department may determine that it requires the <br />services of an expert in order to evaluate a Small Wireless Facility Permit <br />Application. In such cases, the Department shall not issue a Small Wireless Facility <br />Permit pursuant to the Application unless the Applicant agrees to reimburse the <br />Department for the actual, reasonable costs incurred for the services of a technical <br />expert. <br /> <br />§ 305.16 SEVERABILITY <br /> <br />(1) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or <br />phrase of this Chapter or any part thereof is for any reason held to be <br />unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such <br />decision shall not affect the validity or effectiveness of the remaining portions of <br />this Chapter or any part thereof. <br /> <br />SECTION TWO: Section 304.03(1) of the Lino Lakes City Code is hereby amended, as <br />follows: <br /> <br />§ 304.03 PERMIT REQUIREMENT. <br /> <br />(1) Permit required. Except as otherwise provided in this code, no person may obstruct <br />or excavate any right-of-way, including county roads or state highways within the <br />city, collocate a small wireless facility, or install or replace a wireless support <br />structure in addition to collocate a small wireless facility on the wireless support <br />structure without first having obtained the appropriate permit from the city. <br /> <br />(a) Excavation permit. An excavation permit is required to excavate that part of the <br />right-of-way described in the permit and to hinder free and open passage over the <br />specified portion of the right-of-way by placing facilities described therein, to the <br />extent and for the duration specified therein. <br /> <br />(b) Obstruction permit. An obstruction permit is required to hinder free and open <br />passage over the specified portion of right-of-way by placing equipment described
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