(a) The City Manager shall review the application for conformance with the standards of this Chapter and shall either:
(1) Approve, approve with conditions, or deny a Small Cell Minor application; or
(2) Grant or deny consent for Small Cell Substantial and Wireless Structure applications.
(b) If a request is denied, the reasons for denial shall be provided in writing to the applicant.
(c) The City reserves the right to deny an application if any one of the following conditions exist.
(1) The application does not comply with a provision of this Chapter or a provision of the City of Brookville Codified Ordinances;
(2) The applicant is not authorized to conduct business in the State of Ohio;
(3) The applicant is not current in its obligation to pay to the City fees or taxes imposed by this Chapter;
(4) The design or location is deemed unsafe or non-compliant in regards to transportation and engineering standards for construction within the Right of Way;
(5) The design is counter to the health, safety and welfare of the City;
(6) The design or location is in conflict with current or proposed accessibility standards;
(7) The design does not meet standards related to electrical, structural, safety or construction best practices.
(8) The proposed design is in conflict with existing infrastructure, facilities, and/or utilities.
(d) Except as allowed in subsection (c) below, applications shall be reviewed and a decision rendered according to 949.04.4.A-Decisions, within the following time periods:
(1) Small Cell Minor-Small Cell Minor applications shall be rendered within 60 days of the date of filing.
(2) Small Cell Substantial-Small Cell Substantial applications shall be rendered within 90 days of the date of filing.
(3) Wireless Support Structure-Wireless Support Structure applications shall be rendered within 120 days of the date of filing.
(e) The time period required in subsection (D) above may be tolled only:
(1) By mutual agreement between the applicant and the City;
(2) If the application is determined to be incomplete; or
(3) The number of applications exceeds the City's capacity to process them in a timely manner. If such number of applications exceeds capacity then the following tolling time periods may be instituted:
A. The time period may initially be tolled for up to 15 days when the number of applications received within any consecutive 30 day period exceeds 25 applications.
B. For every additional 15 applications that the City receives above the 25 applications stated in (a) the time period may be tolled an additional 15 days; and
C. For every additional 30 applications that the City receives above the 25 applications stated in (a) the time period may be tolled an additional 15 days.
D. However, in no instance shall the time tolled exceed 90 consecutive days.
(f) To toll the time period for incompleteness, the City shall provide the applicant notice within 30 days of the date of filing. Such notice shall include a listing of the missing documents and/or information. The time period resumes once the applicant submits a response. If an application is still incomplete, the City shall notify the applicant within 10 days of the response.
(g) If multiple applications are received by the City to install two or more wireless support structures that would violate the spacing requirements of Section 949.05.2(B)(2)-Design & Siting Requirements), or to collocate two or more small cell facilities on the same wireless support structure, the City shall process and render a decision in the order they are received.
(h) In the event that an application is received by the City to install a wireless support structure or small cell facility in a location in common with another application for a facility in the Right of Way, preference shall be granted in the following order of service provided:
(1) Municipal infrastructure
(2) Water
(3) Electricity
(4) Gas
(5) Landline Telephone
(6) Wireless Service
(Ord. 2018-07. Passed 5-1-18.)