(A) Review of small wireless facility applications.
(1) The city shall accept and process applications for small wireless facility permits subject to the following:
(a) Within 30 days of receiving an application, the city shall determine and notify the applicant whether the application is complete. If an application is incomplete, the city shall specifically identify the missing information in writing. For each item alleged to be missing, the city must specify the code provision, ordinance, application instruction, or otherwise publicly-stated procedure that requires the submission of the information. For incomplete applications, the time for processing the application shall be tolled by the number of days from the day after the date when the city properly notifies applicant of the missing documents or information until the date on which the applicant submits all required documents or information such as to render the application complete. If the city fails to notify the applicant of incompleteness within 30 days, the application is deemed complete.
(b) Make its final decision to approve or deny the application within:
1. Sixty days of first receiving the complete application material for collocation of a small wireless facility on an existing utility pole, or
2. Ninety days of first receiving the complete application material for the installation of a new utility pole or the replacement of an existing utility pole with a new utility pole. In extraordinary circumstances where a batch application causes legitimate overload on the city's resources, the city and an applicant may agree to a reasonable extension of this period. An applicant shall not unreasonably deny any city requests to extend this period; and
(c) Advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including the provisions in the specific code or ordinance on which the denial was based, and send the documentation to the applicant on or before the day the city denies the application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of the denial without paying an additional application fee. The city shall approve or deny the revised application within 30 days of receipt of the amended application. The subsequent review by the city shall be limited to the deficiencies cited in the original denial.
(2) If the city fails to act on an application within the review period prescribed in subsection (1)(b) above, this inaction shall constitute a "failure to act" under Section 332(c)(7)(B)(v) of the Federal Telecommunications Act and presumptive prohibition of services within the meaning of Section 332(c)(7)(B)(i)(ll) and applicant may seek remedies for these violations.
(3) The city may deny a proposed collocation of a small wireless facility on an existing or modified pole, the installation of a new utility pole or the replacement of an existing utility pole for the collocation of a small wireless facility, where the proposed small cell facility:
(a) Materially and demonstrably interferes with public safety, such as the safe operation of traffic control equipment;
(b) Materially and demonstrably interferes with sight lines or clear zones for transportation or pedestrians;
(c) Materially interferes with the Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement;
(d) Fails to comply with applicable codes; including requirements imposed upon small wireless facilities located in design overlay zones and/or historic districts;
(e) Does not comply with objective, reasonable and technically feasible design, aesthetic, spacing, placement, and/or construction standards for small wireless facilities as adopted, published, and administered by the city in any form now or in the future;
(f) Does not comply with reasonable stealth or concealment standards for utility poles as adopted, published and administered by the city in any form now or in the future;
(g) Due to ground-mounted equipment, impedes pedestrian movement on any sidewalk or walkway or otherwise diminishes a sidewalk's width;
(h) Is proposed within a right-of-way location along a roadway that is 50-feet wide or less, as measured from curb to curb, and fronted on at least one side by a residential use, or an IDO zone authorizing residential uses, unless the applicant demonstrates that placement of the small wireless facility at such a location is necessary to fill a significant gap in service and no reasonable alternatives exist; and
(i) Is proposed on a new utility pole or wireless support structure within a right-of-way where the applicant has not adequately explained why it could not use an existing or replacement utility pole or wireless support structure either owned by the city or by a third- party.
(4) Under its general authority the city may at any time, and otherwise specifically reserves its right under federal law to, impose design, aesthetic, spacing, placement, and/or construction standards for small wireless deployments.
(B) Permit Notice; Conditions.
(1) The city may, at its discretion and prior to final approval (subject to the shot clock limitations of subsection (A) above) provide, or require the applicant to provide, public notice of the proposed small wireless facility in accordance with the notice provisions of the IDO, notifying interested persons of the opportunity to submit written comments on the application to the city. The city shall forward such written comments to the applicant within three days of their receipt, and the applicant shall respond to any such comments. The applicant's failure to respond is grounds for the application being deemed incomplete by the city.
(2) The city may condition its approval on a requirement that a utility pole or wireless support structure be replaced before an application for a collocation is approved if the city determines that such a replacement is required by an applicable code or law.