§ 451.110. Approval of small wireless facility permits.

(a) Except as provided in Minnesota Statutes, Section 237.163, subdivision 4, the director shall, pursuant to the provisions of this chapter, issue a small wireless facility permit to a telecommunications right-of-way user seeking to install a new or replacement wireless support structure for a small wireless facility, or to collocate a small wireless facility on a wireless support structure in a city-managed public right-of-way. In processing and approving a small wireless facility permit, the director shall condition its approval on compliance with:

(1)

Generally applicable and reasonable health, safety, and welfare regulations consistent with the city's public right-of-way management;

(2)

Reasonable accommodations for decorative wireless support structures or signs; and

(3)

Any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way.

(b)

The director and all other city officials or departments have ninety (90) days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued pursuant to the terms of Minnesota Statutes, Section 237.163. To toll the ninety (90) day statutory clock, the director or other permit issuing authority must provide a written notice of incompleteness to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the city's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon an applicant's submittal of additional documents or information in response to a notice of incompleteness, the city has ten (10) days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the ninety (90) day clock. Parties can mutually agree in writing to toll the ninety (90) day clock at any time. Minnesota Statutes, Section 15.99 does not apply to this paragraph or paragraph (c).

For the purposes of this section, "toll the ninety (90) day clock" means to halt the progression of days that count towards the ninety (90) day deadline.

(c)

Except as provided in Minnesota Statutes, Section 237.163, subdivision 3a, paragraph (c), a small wireless facility permit and any associated encroachment or building permit required by a local government unit, are deemed approved if the city fails to approve or deny the application within ninety (90) days after the permit application has been filed, unless the applicant and the city have mutually agreed in writing to extend the ninety (90) day deadline.

(d)

Nothing in Minnesota Statutes, Section 237.163, subdivision 3a or in this chapter precludes the city from applying generally applicable and reasonable health, safety, and welfare regulations when evaluating and deciding to approve or deny a small wireless facility permit. Generally applicable health, safety, and welfare regulations for the purposes of this section specifically includes, without limitation, the following:

(1)

The applicant shall submit a structural engineering analysis by a Minnesota registered professional engineer certifying that the pole or other structure that is proposed to support the attachment can reasonably support the proposed attachment considering the conditions of the street, the anticipated hazards from traffic to be encountered at the location and considering the wind, snow, ice and other conditions reasonably anticipated at the proposed location.

(2)

The director may deny an application if the director determines based upon reasonable engineering judgment that the proposed attachment is of excessive size or weight or otherwise would, in the reasonable engineering judgment of the director, subject city-owned infrastructure to unacceptable levels of stress.

(3)

The director may deny an application if the director reasonably determines in the director's reasonable engineering judgment that the proposed attachment would likely jeopardize the reliability or integrity of the electric system or of individual units of city-owned infrastructure, or would likely violate generally applicable electrical or engineering principles.

(4)

The director may deny an application if the proposed attachment would present an unreasonable safety hazard as specifically and reasonably identified by the director.

(5)

The director may deny an application if approval would impair the city's ability to operate or maintain city-owned infrastructure in a reasonable manner considering reasonable goals or standards for operating the infrastructure involved.

(6)

The director may deny an application if there is insufficient capacity or placement of the attachment would violate the National Electric Safety Code or the city's standard design criteria, and the city infrastructure cannot reasonably be modified or enlarged at the cost of the applicant.

(7)

If the director determines based upon a reasoned engineering judgment that a user's attachments impair the safety or structural integrity of city-owned infrastructure, the director may require the user, at user's sole expense and risk, to change, move, remove, or rearrange the attachments.

(8)

The director may inspect, at any time, the construction or installation of a user's attachments on city-owned infrastructure. If the director determines that a user's installation or construction may violate this chapter, the National Electric Code, the National Electric Safety Code, the city's standards for the city-owned infrastructure involved, or the conditions of the user's application or permit, the director may suspend the user's construction or installation activities. The director shall send written notice to the user not later than the third business day after a suspension identifying the alleged violation. A suspension under this paragraph is effective until the user corrects the alleged violation, at the user's sole expense. A user may appeal a suspension under this subsection to the director of public works. ( Ord. No. 2017-039 , § 3, 8-4-17)