(A) Applicants for any qualifying small wireless facilities, qualifying utility poles and qualifying town utility poles subject to § 153.41 of this chapter shall complete an application as specified in form and content by the town.
(B) If the application is to be approved by the Administrator, an application shall be deemed complete unless the Administrator provides notice otherwise in writing to the applicant within 30 days of submission or within such other time frame as the applicant and Administrator may mutually agree. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The application shall be deemed complete on resubmission if the additional materials cure the deficiencies identified.
(C) The application shall be deemed approved if not approved or denied within 45 days from the time the application is deemed complete or such other time frame as the applicant and Administrator may mutually agree.
(D) An application may be denied only on the basis that it does not meet any one of the following:
(1) The town’s applicable codes;
(2) Local code provisions or regulations that concern public safety, objective design standards for decorative utility poles, city utility poles or reasonable and non-discriminatory stealth and concealment requirements, including screening and landscaping for ground-mounted equipment;
(3) Public safety and reasonable spacing requirements concerning the location of ground- mounted equipment in the right-of-way; and
(4) Historic preservation requirements.
(E) The Administrator or Board of Adjustment, as applicable must document the basis for a denial, including the specific code provisions on which the denial was based and send the documentation to the applicant on or before the day the application is denied. The applicant may cure the deficiencies identified and resubmit the application within 30 days of the date on which the application was resubmitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial.
(Ord. passed 8-12-2019)