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9 <br /> <br />respond to the department’s notice of incompleteness within ninety (90) days, the <br />Application shall be deemed expired and no small wireless facility permit shall be <br />issued. Upon an applicant’s submittal of additional documents or information in <br />response to a notice of incompleteness, the department shall within ten (10) days of <br />submission notify the applicant in writing of any information requested in the initial <br />notice of incompleteness that is still missing. Second or subsequent notices of <br />incompleteness may not specify documents or information that were not delineated <br />in the original notice of incompleteness. <br />4. Reset and Tolling of Review Period. In the event that a small wireless facility <br />permit Application is incomplete, and the department has provided a timely and <br />complete written notice of incompleteness, then the applicable review period shall <br />be reset, pending the time between when a notice is mailed and the submittal of <br />information in compliance with the notice. Subsequent notices shall toll the <br />applicable review period. An applicant and the department can mutually agree in <br />writing to toll the applicable review period at any time. <br />5. Moratorium Prohibited. Notwithstanding any applicable law to the contrary, <br />including, but not limited to, Minnesota Statutes Sections 394.34 and 462.355, the <br />department shall not establish any moratorium with respect to the filing, receiving, <br />or processing of applications for small wireless facility permits, or issuing or <br />approving small wireless facility permits. <br />6. Nondiscriminatory Processing of Applications. The department shall ensure that <br />any application processed under this Chapter is performed on a nondiscriminatory <br />basis. <br />7. Permit Not Required. A permittee shall provide 30 days advance written notice to <br />the department, but shall not be required to obtain a small wireless facility permit, <br />or pay an additional small wireless facility permit fee for: <br />a) routine maintenance; <br />b) the replacement of a small wireless facility with a small wireless facility <br />that is substantially similar to or smaller in size; or <br />c) the installation, placement, maintenance, operation, or replacement of a <br />micro wireless facility that is strung on a cable between existing utility <br />poles, in compliance with the National Electrical Safety Code. <br />98.060 Small Wireless Facility Permit Conditions. <br />A) General Conditions of Approval. In processing and approving a small wireless facility <br />permit, the department shall condition its approval on compliance with: <br />1. Generally applicable and reasonable health, safety, and welfare regulations <br />consistent with the city’s public right-of-way management; <br />42