(a) Time for Decision. Upon its receipt of a complete application, the City Engineer shall review the application and provide the applicant with a written determination on the application with the timeframes listed below:
(1) Type I application: 60 days
(2) Type II application: 60 days
(3) Type III application: 90 days
(b) Completeness of Application. The time frames provided for the review of application established shall not commence until the City Engineer is in receipt of a complete application. If the City Engineer determines that an application is incomplete, it shall inform the applicant in writing with 30 days and shall identify the missing documentation or information that caused the application to be incomplete.
(c) Tolling of Time Period for Decision. The time period for rendering a decision on the application for right-of-way permit may be tolled:
(1) If the City Engineer deems an application is incomplete. The 90 days shall begin to run again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.
(2) By mutual consent of the City and the Applicant;
(3) By the City, in the event it has an extraordinary number of wireless facilities contained in pending requests, in which case the City may toll the ninety day period for a reasonable amount of days, not exceeding an additional 90 days.
(d) Supplemental Submissions: If an application is incomplete and a supplemental submission is requested by the City Engineer, the Applicant shall supply the supplemental material at its earliest convenience, however, the deadline for a decision on the permit shall be tolled until the supplemental information is properly supplied.
(1) If a supplemental submission is inadequate, the city Engineer shall notify the applicant not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the Ohio R.C. 4939.035. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(e) Approval of Permit. Approval of an application shall include the following permissions:
(1) Permit to construct. A permit to construct the approved wireless communication facility, subject to any condition established by the City Engineer to carry out the purposes and intent of this Chapter and the Bryan Municipal Code.
(2) Wireless facility right-of-way occupancy permit. A wireless right-of-way occupancy permit (Wireless ROW Permit) granting the applicant the permission to occupy the right of way at the proposed site and subject to (a) the standard conditions under 959.07 and (b) any additional conditions required by the City Engineer to carry out the purposes and intent of the Chapter and the Bryan Municipal Code. The Wireless ROW Permit shall not convey title, equitable or legal, in the right-of-way.
(3) Time for construction. When a wireless ROW Permit is granted, construction shall be completed within two years from the date of the approval of the permit or the Wireless ROW permit shall be null and void.
(4) Restrictions on the Wireless ROW Permit. A Wireless ROW Permit may NOT be transferred without written notice to and consent by the City.
(f) Denial of Permit. The City reserves the right to deny an application for a Wireless ROW permit if any one of the following conditions exist:
(1) The applicant has not demonstrated that its application conforms to the provisions of this Chapter and the Bryan Municipal Code, including the Design Guidelines promulgated pursuant to this Chapter;
(2) The applicant has failed to show that the project qualifies for approval pursuant to 47 U.S.C.1455 (a) and the related FCC regulations at 47 C.F.R 1.40001 et. seq.
(3) The applicant has failed to comply or is presently not in full compliance with the requirements of this Chapter with regard to another Wireless Communications Facility that is not the subject of the application in question.
(4) The design or location does not comply with the relevant standard promulgated by the American Association of State Highway and Transportation Officials (AASHTO), or if there lacks compliance with the Ohio Manual Uniform Traffic Control Devices for Streets and Highways and the ODOT Right of Way Manual and all ODOT Location and Design Manual as pertains to signage and other such similar installations utilized by the City Engineer for construction in the right-of-way.
(5) The design or location does not comply with current or proposed Americans with Disabilities Act Accessibility Guidelines (ADAAG).
(g) Appeal of denial of Permit. Upon denial of an application for failure to meet the requirements of this Chapter, the applicant may appeal the decision to the City Planning and Zoning Commission for reconsideration. The appeal must be in writing and delivered to the City Engineer no later than 5:00pm (EST) on the tenth business day after written notification by the City of denial of the Wireless ROW Permit. An appeal must provide a detailed explanation in writing; of the reasons the applicant contends the proposed wireless facility satisfies the requirements of Chapter 959. The appeal should include supporting documentation. The Planning and Zoning Commission shall review the written appeal together with other evidence in the record and grant the permit if the Commission determines that, based on substantial evidence in the application record, the application complies with the requirements of Chapter 959. The Commission shall render a written decision within ten business days of the filing of the appeal. Failure by applicant to appeal and request reconsideration under this Section shall constitute a failure to exhaust administrative remedies for purposes of any subsequent appeal in a court of law.
(Ord. 6-2017. Passed 3-20-17.)