(a) Applications shall be evaluated in the time frames as follows :
(1) Type 1 Applications: 60 days;
(2) Type 2 Applications: 90 days;
(3) Type 3 Applications: 120 days.
(b) Applications shall be reviewed for completeness. If the application is incomplete then the applicant will be notified of the insufficiency and the time frames set forth in subsection (a) shall be tolled until the application is made complete.
(c) The time frames set out in subsection (a) above may also be tolled as follows:
(1) If the City receives between fifteen and thirty applications in a thirty-day period, then the City may toll for an additional twenty-one days beginning with the sixteenth application.
(2) If the City receives more than thirty applications in a thirty-day period, then the City may toll for an additional fifteen days for every fifteen applications received, up to a maximum tolling period of ninety days, as indicated below:
A. Applications 31-45: 36 additional days
B. Applications 46-60: 51 additional days
C. Applications 61-75: 66 additional days
D. Applications 76-90: 81 additional days
E. Applications 91+: 90 additional days
(3) By mutual agreement between the applicant and the City.
(4) When an applicant submits an underground area waiver pursuant to Section 1358.13(d) of this Code, in which case the City may toll for an additional 14 days.
(d) If two applicants request to co-locate on the same wireless support structure or two wireless support structures are proposed within a distance that would violate the spacing requirements set forth in Section 1358.16, then the City Manager may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If a request for consent is denied, the City shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the applicant. Grounds for denying an application may include, but are not limited to:
(1) Failure to provide information required under Section 1358.07;
(2) Failure to comply with design guidelines set forth in Chapter 1358 of this Code;
(3) Failure to provide financial surety pursuant to Section 1358.15;
(4) Failure to remove abandoned facilities as required under Section 1358.12;
(5) Conflict with the historic nature or character of the surrounding area;
(6) Conflict with planned future improvements in the right-of-way; and/or
(7) Failure to comply with generally applicable health, safety, and welfare requirements.
(Ord. 11036-2018. Passed 7-26-18.)