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For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The Building and Neighborhood Services Director shall construe any word, phrase, or term not defined herein or otherwise defined by state or federal law or regulation. Such construal shall be based upon the word's, phrase's, or term's common and ordinary usage in the region. The definitions defined herein are in addition to definitions provided elsewhere in the zoning chapter of the City of Clinton, Iowa ("Zoning Chapter").
APPLICANT. Any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an application.
APPLICATION. A request submitted by an applicant to the city to construct a new tower, for the initial placement of transmission equipment on a wireless support structure, for the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station, or any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.
BASE STATION.
(1) A structure or equipment at a fixed location that enables wireless communications licensed by the FCC or authorized wireless communications between user equipment and a communications network.
(2) Does not mean a tower or equipment associated with a tower.
(3) Includes but is not limited to equipment associated with wireless communications services such as private, broadcast, and public safety services and unlicensed wireless services and fixed wireless services such as microwave backhaul.
(4) Includes but is not limited to radio transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(5) Includes a structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(6) Does not include any structure that at the time the relevant application is filed with the state or local government does not support or house equipment described in this division.
BUILDING AND NEIGHBORHOOD SERVICES DIRECTOR. The Building and Neighborhood Services Director or his/her designee ("BNS Director").
COLLOCATION. The mounting or installation of transmission equipment on a support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
ELECTRIC UTILITY. Any owner or operator of electric transmission or distribution facilities subject to the regulation and enforcement activities of the Iowa Utilities Board relating to safety standards.
ELIGIBLE FACILITIES REQUEST. A request for modification of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station and involves collocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment.
EXISTING TOWER or EXISTING BASE STATION. A tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process. EXISTING TOWER includes a tower that was not reviewed and approved because it was not in a zoned area when it was built and lawfully constructed.
FAA. Federal Aviation Administration of the United States.
FCC. Federal Communications Commission of the United States.
INITIAL PLACEMENT or INSTALLATION. The first time transmission equipment is placed or installed on a wireless support structure.
MONOPOLE CONSTRUCTION. A tower consisting of a single vertical structure not supported by radiating guy wires or support structure, and distinguishable from a lattice or truss tower.
SITE. For towers not in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. For support structures other than towers, an area in proximity to the structure and to other transmission equipment already deployed on the ground.
SUBSTANTIAL CHANGE.
(1) A change in an existing support structure which results in one or more of the following:
(a) Increase in the height of a tower other than towers in the public rights-of-way by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;
(b) Increase in the height of existing support structures, other than a tower, by more than 10% or more than ten feet, whichever is greater;
(c) Addition of an appurtenance to the body of a tower, other than a tower in the public right-of-way, that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
(d) Addition of an appurtenance to an existing support structure, other than a tower that would protrude from the edge of the structure by more than six feet;
(e) Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
(f) Installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with a tower in the public right-of-way or base station;
(g) Installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with a tower in the public right-of-way or base station;
(h) Excavation or deployment outside the current site;
(i) Defeat of concealment elements of the existing support structure; or
(j) Noncompliance with conditions associated with the siting approval of the construction or modification of the existing support structure or base station equipment, except if the change is noncompliant only in a manner that does not exceed the thresholds identified in divisions (a) through (h) of this division (1).
(2) Height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops. Otherwise, height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Pub. L. No. 112-96, Tit. VI.
TOWER. Any structure built for the sole or primary purpose of supporting an antenna and associated facilities authorized or licensed by the FCC. The term includes structures constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site.
TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for a wireless communication service licensed by the FCC, including, but not limited to radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to private, broadcast, and public safety services, such as wireless local area network services and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two wireless clients, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
WIRELESS FACILITY. Equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network, except that a wireless facility does not include coaxial or fiberoptic cable that is not immediately adjacent to, or directly associated with, a particular antenna.
WIRELESS SUPPORT STRUCTURE. A structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including, but not limited to, water towers, buildings, and other structures, whether within or outside the public right-of-way. WIRELESS SUPPORT STRUCTURE does not include a tower or existing base station.
(Ord. 2598, passed 12-11-2018)
(A) Generally. The city exercises zoning, land use, planning, and permitting authority regarding the siting of wireless facilities within the city's territorial boundaries and within the two-mile limit of the city's territorial boundaries, subject to the provisions of Iowa Code Chapter 8C and federal law.
(B) Specially permitted uses. Towers may be permitted by special use permit, as provided in this subchapter, in any zoning district in the city except the city's R-1A, R-1B, R-1C, R-2, R-4, R-5, C-3 and SP zoning districts. Base stations and the placement of transmission equipment on wireless support structures may be permitted by special use permit, as provided in this subchapter, in any zoning district in the city.
(C) Pre-existing wireless facilities. Existing towers, existing base stations, transmission equipment or other wireless facilities approved prior to the effective date of this subchapter, as last amended, shall be considered nonconforming and shall not be required to meet the requirements of this subchapter, provided requests for modifications with respect to the same falling within the purview of §§ 159.102 and 159.104 shall comply with the provisions thereof and such other provisions of this subchapter implicated thereby.
(D) Allowable uses. Allowable uses within the city's wireless communication facility overlay districts will include all allowable uses pursuant to provisions governing the underlying zoning districts as well as wireless facilities permitted pursuant to the provisions of this subchapter.
(E) Zoning for airports and airspace. The city has implemented airport zoning regulations as set forth in Chapter 157 of this city code pursuant to the provisions of Iowa Code Chapter 329 for the protection of navigable airspace and may administer and enforce such regulations not in conflict with any standards or regulations of the FAA, or other state or federal requirements
(F) Historic properties and districts. Applicants shall comply with all federal and state historic property laws. The city’s Historic Preservation Commission shall further have the authority to approve or deny requests to alter exterior features within any area designated as an area of historic significance and designated local historic landmarks.
(G) Relationship to other ordinances. The provisions of this subchapter shall supersede all conflicting requirements of other ordinances regarding wireless facilities.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
All applications, except applications for eligible facilities requests, shall require a special use permit. The Zoning Board of Adjustment may, following public hearing, and subject to applicable state and/or federal requirements, by majority vote, approve, approve with conditions, or deny requests for special use permits relative to an application. All decisions of the Zoning Board of Adjustment with respect to an application submitted pursuant to the provisions of this subchapter shall be supported by written findings of fact and conclusions of law.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
(A) Initial requirements. A special use permit shall not be considered by the Zoning Board of Adjustment unless and until the following requirements are met:
(1) An application for special use permit and all submissions required pursuant to the provisions of § 159.101(D), deemed relevant by the BNS Director, are submitted to the Zoning Board of Adjustment for review, which the Zoning Board of Adjustment shall consider in approving, approving with conditions, or denying a special use permit. In the event of a conflict between provisions of this subchapter and provisions generally applicable to a special use permit, the provisions of this subchapter shall control.
(2) Notice of a public hearing on an application for special use permit shall be published in accordance with the provisions of Iowa Code § 362.3 not less than four and not more than 20 days in advance of such hearing.
(B) Review criteria. The Zoning Board of Adjustment shall apply the following criteria, as applicable, in approving, approving with conditions, or denying a special use permit relative to an application:
(1) Height, setback, fall zone, and lot area requirements.
(a) No tower shall exceed a height of 190 feet above grade, unless otherwise approved by the Zoning Board of Adjustment in accordance with the provisions of § 159.100. A lightning rod, up to ten feet in height, shall not be included within this height limitation.
Notwithstanding the foregoing height limitation, or the provisions of §
159.100
, any tower (including any existing tower) damaged or destroyed by the derecho that struck the city on August 10, 2020 may be replaced with a new tower up to the same height as the tower so damaged or destroyed, and without the necessity of submitting a technical study as might otherwise be required pursuant to the provisions of §
159.100
.
(b) No transmission equipment installed upon or affixed to a base station or proposed to be installed upon a wireless support structure, shall exceed the height of the base station or wireless support structure, at its highest point, by more than 20 feet unless otherwise approved by the Zoning Board of Adjustment in accordance with the provisions of § 159.100.
(c) Towers shall be located so the distance from the base of the tower (or distance from guy wires if used in conjunction with a tower) to any adjoining property satisfies the minimum building setback requirement for the zoning district in which the tower is located. Base stations shall similarly comply with such minimum building setbacks. Transmission equipment extending horizontally beyond the edge of a tower or base station shall not encroach upon an adjoining parcel.
(d) Notwithstanding compliance with minimum building setback requirements for the zoning district in which a tower is located, all towers shall be situated to provide a sufficient fall zone such that the distance from the base of the tower to the nearest occupied structure, public right-of-way, railroad, residential zoning district, and/or property designated for residential use pursuant to the city's comprehensive plan, exceeds the height of the tower by 105%. Provided, if the tower is constructed utilizing breakpoint design technology, the required fall zone shall be equal to 125% of the distance from the top of the tower to the designed breakpoint. For example, on a 100-foot monopole tower with a designed breakpoint at 80 feet, the required fall zone would be 25 feet from the base of the tower (125% of 20 feet, the distance from the top of the tower to the designed breakpoint). The required fall zone shall not exceed the boundaries of the parcel upon which the tower is situated unless the applicant obtains and submits to the city appropriate easements from the owners of each parcel located within the fall zone.
(e) For the purposes of determining compliance with setbacks, lot coverage, and other such requirements for the zoning district in which a tower and base station are located, the dimensions of the entire lot or parcel shall control, even if located on a leased area situated within such lot or parcel.
(2) Collocation. In furtherance of the city's objective of encouraging collocation, towers exceeding 150 feet in height must be engineered, designed, and constructed to accommodate additional communication antennas when technically feasible.
(3) Fencing. Towers (and guy wires if used in conjunction with a tower) shall be enclosed by a security fence not less than six feet in height, provided this requirement shall not prevent fencing required to satisfy state or federal requirements. If necessary for security, an additional one foot of barb wire may be added to the top of a fence.
(4) Lighting. Towers, transmission equipment, base stations, and/or other wireless facilities shall not be illuminated unless required to conform to FCC, FAA, or other state or federal requirements. If lighting is required, the lighting alternative or design chosen must cause the least disturbance to surrounding views and/or surrounding properties. Security lighting may be provided around the base of a tower if zero cut-off luminaries with a maximum mounting height of 12 feet are used to limit lighting to the site.
(5) Finishing. Towers shall be painted or coated silver or have a galvanized finish or be painted a neutral color to reduce visual obtrusiveness to the maximum extent possible, unless otherwise required by state or federal requirements. Towers and transmission equipment shall not be painted in such a manner as to convey a company identity, and all transmission equipment shall be of a color that matches the tower, unless otherwise required by state or federal requirements.
(6) Signage. No signage, logos, decals, symbols, or messages of a commercial nature may be displayed upon a tower, base station, or required fencing, except for warning and identification signs and notifications, and such other signs as may be required by local, state, or federal requirements.
(7) Landscaping/buffering.
(a) Towers shall be landscaped with a buffer of plant material that effectively screens from view the base of the tower from adjacent properties and/or streets. The plantings installed shall be of a size and species that can achieve a height of six feet and 75% opacity during at least three seasons.
(b) In locations where the visual impact of the tower would be minimal, as determined by the Zoning Board of Adjustment, the landscaping requirement may be reduced or waived. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Natural growth around the perimeter of the site may be considered a sufficient buffer for a tower, as determined by the Zoning Board of Adjustment.
(8) Concealment.
(a) Transmission equipment installed upon or affixed to a base station shall be installed so as to camouflage, disguise, or conceal them to make them closely compatible with and blend into the base station.
(b) Transmission equipment installed upon or affixed to a building shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the architectural features of the building, shall be proportional to the building, and shall utilize materials of a similar quality finish, color, and texture as the building.
(c) Transmission equipment mounted upon the roof of a building shall be set back from all roof edges to the maximum extent feasible taking into consideration need for line-of-sign transmission and reception of signals.
(9) Sounds. Objectionable sound emissions such as alarms, bells, buzzers, or the like are prohibited unless required to conform to FCC, FAA, or other state or federal requirements.
(10) Outdoor storage prohibited. Except during a reasonable period during construction or maintenance, as determined by the Building and Neighborhood Services Director, outdoor storage of vehicles, equipment, tools, supplies, materials, and other items at any site is prohibited.
(11) Vehicular access. All sites shall have vehicular access to and from the site and a public street.
(Ord. 2598, passed 12-11-2018; Ord. 2679, passed 5-25-2021) Penalty, see §
159.999
The Zoning Board of Adjustment may, in approving a special use permit, grant exceptions from the criteria set forth in § 159.099(B) if supported by a technical study submitted by the applicant, acceptable to the Zoning Board of Adjustment, which confirms the exception is essential to the provision of service and no reasonable alternative is available that conforms to the criteria in question, provided in no event shall any tower exceed 300 feet above grade; a lightning rod up to ten feet in height, shall not be included within this height limitation.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
(A) Application. Applicant shall complete an application form and indicate whether its application and intended use is for:
(1) An eligible facilities request;
(2) Construction of a new tower;
(3) Initial placement of transmission equipment on a wireless support structure;
(4) Modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station; or
(5) Any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.
(B) Application fee. A deposit equal to 50% of the maximum allowable application fee for a specific type of application, as provided below, shall be submitted with each application. This deposit shall be applied toward the application fee with any balance returned to the applicant upon completion of the application process; in the event the deposit is not sufficient to satisfy the application fee, the applicant shall be required to pay the difference to the city upon demand. The application fee, including all city and third-party fees for review or technical consultation, shall be reasonably related to actual and direct administrative costs according to Iowa law and are as follows:
(1) Up to $500 for an eligible facilities request;
(2) Up to $3,000 for a new tower;
(3) Up to $3,000 for the initial placement or installation of transmission equipment on a wireless support structure;
(4) Up to $3,000 for modification of an existing tower that constitutes a substantial modification; and
(5) Up to $3,000 for any other application to construct or place transmission equipment.
(C) Third-party review or technical consultation. The city may retain the services of third-party entities of its choosing to provide review or technical consultation of applications, including, but not limited to, attorneys, surveyors, and engineers. Such third-party review may include without limitation:
(1) The accuracy and completeness of applications, including items submitted therewith;
(2) The validity of analysis, techniques, and methodologies proposed by applicant;
(3) The validity of conclusion reached by applicant; and
(4) Whether the application satisfies applicable criteria set forth in this subchapter.
(D) Required submissions. Applications submitted pursuant to this subchapter shall include the following materials except to the extent the same are not applicable to eligible facilities requests:
(1) Identifying information. The legal name of applicant and name, title, mailing address, telephone number, and email address of the individual responsible for filing and processing applicant's application.
(2) Application designation. An attestation from applicant stating whether the application constitutes an eligible facilities request; an application for new tower construction; or an application for the initial placement or installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute an eligible facilities request.
(3) Explanation regarding request for new tower. An explanation regarding the reason for choosing the proposed location for construction of a new tower and the reason applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by applicant to meet applicant's radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to applicant.
(4) Special use permit application. All applications, except applications for eligible facilities requests, shall require submission of a special use permit application.
(5) FCC documentation. A copy of applicant's FCC license or registration for the site.
(6) FAA documentation. An affidavit attesting conformity with applicable FAA lighting and marking requirements.
(7) Evidence of site control. A legally binding document demonstrating applicant has control of the site for purposes set forth in applicant's application.
(8) Fall zone easements. One or more legally binding easements obtained from owners of each offsite parcel situated within a required fall zone.
(9) Site plan. Complete and accurate plans and drawings, drawn to scale, prepared signed and sealed by an Iowa-licensed engineer, land surveyor, and/or architect, including:
(a) A depiction of all proposed transmission equipment, wireless facilities, tower, base station, and/or wireless support facilities;
(b) Elevation drawings demonstrating compliance with applicable height requirements;
(c) A depiction of required fencing, landscaping, and/or screening;
(d) A depiction of all proposed utility runs and points of contact; and
(e) A depiction and description of the site (and leased or licensed area if applicable) showing the relative location of all proposed transmission equipment, wireless facilities, towers, base stations, and/or wireless support facilities, with all rights-of-way and/or easements for access and utilities, setbacks, and fall zone clearly identified.
(10) Site photos. Color photographs showing unobstructed views of the site from no less than four angles, at least one of which shall depict an outline of the area(s) to be fenced.
(11) Design justification. A clear and complete written analysis that explains how the proposed design complies with applicable criteria set forth in § 159.099(B) to the maximum extent feasible and identifies all applicable design standards complete with a factually detailed explanation of how and why the proposed design either complies or cannot feasibly comply.
(12) Design certification/structural assessment. A certificate prepared by an Iowa-licensed engineer indicating a tower, base station, or wireless support structure is sufficiently designed (in the case of new tower) or sufficiently constructed (in the case of an existing base station, wireless support structure, or tower) to support the transmission equipment and/or wireless facilities it is proposed to serve, and that it complies, or is designed to comply with applicable building codes and/or safety standards; and applicable regulations and standards of the FCC, FAA, and any other state or federal agency with the authority to regulate the same.
(13) Other published materials. All other information or materials the city may reasonably require from time to time, provided notice of the same is made publicly available and designated as part of the application requirements.
(E) Limitation of information. The information requested for an application shall not include information about or evaluate applicant's business decisions with respect to its application, applicant's designed service, customer demand for service, or quality of applicant's service to or from a particular area or site.
(F) Disclosure of public records. All records, documents, and electronic data submitted by applicant in the possession or custody of the city are subject to the provisions of Iowa Code Chapter 22. Disclosure of such records shall be consistent with applicable law.
(G) Limitations on review.
(1) Other potential locations or collocation. The city's review will not:
(a) Include evaluating the availability of other potential locations for the placement or construction of a tower or transmission equipment; or
(b) Require applicants to establish other options for collocation instead of the construction of a new tower or modification of an existing tower or existing base station that constitute a substantial change to an existing tower or existing base station.
(2) Transmission equipment and technology. The city shall not dictate the type of transmission equipment or technology to be used by applicant or discriminate between different types of infrastructure or technology.
(3) Radio frequency and environmental impacts. The city shall not:
(a) Deny an application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions, as provided in 47 U.S.C. § 332(c)(7)(B)(iv);
(b) Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality; or
(c) Impose environmental testing, sampling or monitoring requirements or other compliance measures for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47.C.F.R. § 1.1307(b)(1).
(4) Removal. The city shall not require the removal of existing towers, existing base stations, or existing transmission equipment, wherever located, as a condition to approval of an application.
(5) Emergency power systems. The city shall not prohibit the placement of emergency power systems that comply with federal and state environmental requirements.
(6) Surety requirements. The city shall not impose surety requirements, including bonds, escrow, deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed.
(7) Tower space. The city shall not condition the approval of an application on applicant's agreement to:
(a) Provide space on or near the tower, base station, or wireless support structure for the city or local governmental or nongovernmental services at less than the market rate for such space; or
(b) Provide other services via the structure or facilities at less than the market rate for such services.
(8) Discrimination. The city shall not discriminate based on the ownership, including ownership by the city, of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or for evaluating applications.
(H) Duration of approval. The duration of an application approval shall not be limited, except that construction of the approved structure or facilities shall be commenced within two years of final approval, including the disposition of any appeals, and diligently pursued to completion.
(I) Final inspection.
(1) A certificate of occupancy for towers, transmission equipment, base stations, and/or other wireless facilities will only be granted upon satisfactory evidence applicant's work pursuant to a granted application:
(a) Substantially complies with approved plans, submissions, and specifications;
(b) Meets or exceeds current standards and regulations of the FCC, FAA, and any other state or federal agency with the authority to regulate the same; and
(c) Complies with standards set forth in applicable state and/or local building codes and industry safety standards, including but not limited to the most recent version of the Electronics Industries Association's/Telecommunications Industries Association's (EIA/TIA) Structural Standards for Steel Antenna Support Structures (or equivalent).
(2) If it is found applicant's work does not satisfy the requirements of § 159.101(I)(1), applicant shall make all changes required to bring such work into compliance promptly and prior to operation.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
(A) Application for eligible facilities requests. For those applications identified by applicant and determined by the BNS Director to be an eligible facilities request, the application shall be limited to the information necessary for the BNS Director to determine whether an application is an eligible facilities request. The application may not require applicant to demonstrate a need or business case for the proposed modification.
(B) Type of review. Upon receipt of an application for an eligible facilities request pursuant to this subchapter, the BNS Director shall review such application to determine whether the application so qualifies.
(C) Timeframe for review. Within 60 days of the date applicant submits an application seeking approval under this subchapter, the BNS Director shall approve the application unless the BNS Director determines the application is not covered by this subchapter.
(D) Tolling of the timeframe for review. The 60-day review period begins to run when the application is filed and may be tolled only by agreement between the BNS Director and applicant, or in cases where the BNS Director determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.
(1) To toll the timeframe for incompleteness, the BNS Director must provide written notice to applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required for the application.
(2) The timeframe for review begins running again when applicant makes a supplemental submission in response to the BNS Director's notice of incompleteness.
(3) Following a supplemental submission, the BNS Director will notify applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is again tolled in the case of second or subsequent notices. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(E) Interaction with § 332(c)(7) of the United States Federal Code. If the BNS Director determines applicant's request is not an eligible facilities request, the BNS Director shall notify applicant in writing the application is being construed otherwise and the basis of its determination. The timeframes under §§ 159.103 and 159.104 will begin to run from the issuance of the BNS Director's decision that the application is not an eligible facilities request. To the extent such information is necessary, the BNS Director may request additional information from applicant to evaluate the application under §§ 159.103 and 159.104, pursuant to the limitations applicable to said sections.
(F) Failure to act. In the event the BNS Director fails to approve or deny a request seeking approval under this subchapter within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until applicant notifies the BNS Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(Ord. 2598, passed 12-11-2018)
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