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2 <br /> <br />federal and state laws, including, but not limited to, Minnesota Statutes Sections 237.162 and <br />237.163, that require the city to update its wireless regulations; and <br /> <br />WHEREAS, a mechanism for the permitting of small wireless facilities, micro wireless <br />facilities, and distributed antenna systems telecommunication uses is in the best interest of the <br />citizens of the city; <br /> <br />The City Council of the City of Saint Anthony Village ordains as follows: <br /> <br />Section One. The City of Saint Anthony Village City Code Title IX is hereby amended <br />to add a new Chapter 98 as follows. <br /> <br />Chapter 98: Small Wireless Facilities <br /> <br />98.010 Purpose. <br />A) General Purpose. The purpose of this Chapter is to establish specific requirements for <br />obtaining a small wireless facility permit for the installation, mounting, modification, <br />operation, and replacement of small wireless facilities and installation or replacement of <br />wireless support structures by commercial wireless providers on public and private <br />property, including in the public right-of-way. A small wireless facility permit issued under <br />this Chapter does not abrogate any other requirements imposed under another Title of the <br />City Code of the City of Saint Anthony Village. <br /> <br />B) This Chapter does not apply to any wireline facilities, including wireline backhaul <br />facilities. A wireless provider must obtain an excavation permit or an obstruction permit, <br />as needed, pursuant to Section 96.11 of the City Code of the city of Saint Anthony Village <br />or other applicable authorization for use of the public right-of-way to construct, install, <br />replace, or modify any wireline backhaul facility, such as fiber optic cable. The granting <br />of a small wireless facility permit pursuant to this Chapter is not a grant of such <br />authorization. <br />98.020 Definitions <br />In this Chapter, the following terms shall have the meaning ascribed to them below: <br /> <br />A) APPLICABLE LAW. All applicable federal, state, and local laws, codes, rules, <br />regulations, orders, and ordinances, as the same be amended or adopted from time to time. <br />B) APPLICANT. Any person submitting a small wireless facility permit Application under <br />this Chapter. <br />C) CITY. The city of Saint Anthony Village, Minnesota. <br />D) COLLOCATE OR COLLOCATION. To install, mount, maintain, modify, operate, or <br />replace a small wireless facility on, under, within, or adjacent to an existing wireless <br />support structure that is owned privately or by the city. <br />35