(A) Within 150 days after receiving a complete application under § 117.021, the Town shall issue a written determination granting or denying the application, in whole or in part, applying the standards set forth in division (B) of this section. If the application is denied, the written determination shall include the reasons for denial.
(B) Reasons for denial will include all those allowed under applicable law, which may include, but are not limited to:
(1) The financial and technical ability of the applicant;
(2) The legal ability of the applicant;
(3) The capacity of the streets to accommodate the applicant’s proposed facilities;
(4) The capacity of the streets to accommodate additional utility and telecommunications facilities if the franchise is granted;
(5) The damage or disruption, if any, of public or private facilities, improvements, services, travel or landscaping if the franchise is granted;
(6) The public interest in minimizing the cost and disruption of construction within the streets;
(7) The service that the applicant will provide to the community and region;
(8) The effect, if any, on public health, safety and welfare if the franchise requested is granted;
(9) The availability of alternate routes and/or locations for the proposed facilities;
(10) Applicable federal and state telecommunications laws, regulations and policies;
(11) Such other factors as may demonstrate that the franchise to use the streets will not serve the community interest.
(`83 Code, § 13-714) (Ord. 00-20, passed 9-11-00)