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CC PACKET 03262019
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CC PACKET 03262019
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3/21/2019 3:29:24 PM
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Right-of-Way Management 13 <br /> <br /> <br /> <br />§ 96.13 ISSUANCE OF PERMIT; CONDITIONS. <br /> <br />(A) If the city determines that the applicant has satisfied the requirements of this <br />chapter, the city may issue a permit. <br /> <br />(B) The city may impose any reasonable conditions upon the insurance of a permit and the <br />performance of the applicant thereunder in order to protect the public health, safety, and <br />welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety <br />of other users of the right-of-way, to minimize the disruption and inconvenience to the <br />traveling public, and to otherwise efficiently manage use of the right-of-way. <br /> <br />(C) Small Wireless Facility Conditions. In addition to subdivision 2, the erection or <br />installation of a wireless support structure, the collocation of a small wireless facility, or other <br />installation of a small wireless facility in the right-of-way, shall be subject to the following <br />conditions: <br /> <br />1) A small wireless facility shall only be collocated on the particular wireless support structure, <br />under those attachment specifications, and at the height indicated in the applicable permit <br />application. <br />2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height <br />without the city’s written authorization, provided that the city may impose a lower height limit <br />in the applicable permit to protect the public health, safety and welfare or to protect the right-of- <br />way and its current use, and further provided that a registrant may replace an existing wireless <br />support structure exceeding 50 feet in height with a structure of the same height subject to such <br />conditions or requirements as may be imposed in the applicable permit. <br />3) No wireless facility may extend more than 10 feet above its wireless support structure. <br />4) Where an applicant proposes to install a new wireless support structure in the right-of-way, the <br />city may impose separation requirements between such structure and any existing wireless <br />support structure or other facilities in and around the right-of-way. <br />5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other <br />structure not intended to support small wireless facilities, the city may impose reasonable <br />requirements to accommodate the particular design, appearance or intended purpose of such <br />structure. <br />6) Where an applicant proposes to replace a wireless support structure, the city may impose <br />reasonable restocking, replacement, or relocation requirements on the replacement of such <br />structure. Note: Minn. Stat. § 237.163, Subd. 3b. <br /> <br />Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless <br />support structure owned or controlled by the city, or any other city asset in the right-of-way, after the <br />applicant has executed a standard small wireless facility collocation agreement with the city. <br />The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless <br />facility permit, provided, however, that the applicant shall not be additionally required to obtain a license <br />or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or <br />affect any then-existing agreement between the city and applicant, <br />Note: Minn. Stat. § 237.163, Subd. 6(g). <br /> <br /> <br /> <br /> <br />74
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