§ 32-13. Issuance of permit; conditions.

(a)

Permit issuance . If the applicant has satisfied the requirements of this division, the city shall issue a permit.

(b)

Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state, and federal laws, including, but not limited to, Minn. Stats. §§ 216D.01—.09 (Gopher One Call Excavation Notice System) and Minn. R. ch. 7560.

(c)

Small wireless facility conditions. In addition to subdivision 2, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions:

(1)

A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.

(2)

No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.

(3)

No wireless facility may extend more than ten feet above its wireless support structure.

(4)

Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way.

(5)

Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure.

(6)

Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.

(d)

Small wireless facility agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following:

(1)

Up to $150.00 per year for rent to collocate on the city structure.

(2)

Twenty-five dollars per year for maintenance associated with the collocation;

(3)

A monthly fee for electrical service as follows:

a.

Seventy-three dollars per radio node less than or equal to 100 maximum watts;

b.

One hundred eight-two dollars per radio node over 100 maximum watts; or

c.

The actual costs of electricity, if the actual cost exceed the foregoing.

The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant.

(e)

Dumpsters/portable-on-demand-storage (POD) units. The placement of dumpsters or POD units in the street portion of the right-of-way is not allowed. Dumpsters or POD units may be placed within the boulevard or driveway portions of the right-of-way provided that they do not obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary circumstances, the city right-of-way engineer may make exceptions to this provision and applicant shall be subject to the permitting and fee requirements of this division.

(f)

Exceptions. No permit shall be required for the following:

(1)

Approved surface landscaping work.

(2)

Approved private sidewalks, street furnishings, posts and pillars.

(3)

Snow removal activities.

(4)

Irrigation systems provided that the system does not connect directly to water mains in the right-of-way installed at the property owner risk.

(5)

Activities of the City of Maplewood.

(6)

If granted approval by the city, piercing or drilling a street or sidewalk/trail pavement for the purpose of exploratory examination or utility depth determination.

(Ord. No. 977, § 2, 12-11-2017)