(a) Within 25 days after receiving an application, the City shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically identify all missing documents or information. The time for approving or denying an application shall be tolled until the applicant makes a supplemental submission in response to the notice. If the supplemental submission is inadequate, the City shall notify the applicant within ten days, specifically identifying the information still missing from the original deficiency notice. The time period may be tolled following the second notice until a supplemental submission is made. Subsequent deficiency notices shall follow this same procedure.
(b) (1) The City shall approve or deny the application and notify the applicant in writing within the following period of time after the application is received:
A. For an application for the colocation of small cell wireless facilities on a utility pole, sixty days, subject to the following adjustments:
1. Add fifteen days if an application from another wireless provider was received within one week of the application in question.
2. Add fifteen days if, before the otherwise applicable sixty-day or seventy-five-day time period elapses, the City notifies the applicant in writing that an extension is needed and the reasons for the extension.
B. For an application for a utility pole installed after March 12, 2019 and meeting the height requirements described in section 13(5)(a) ofthe Act and associated small cell facility, ninety days, subject to the following adjustments:
1. Add fifteen days if an application from another wireless provider was received within one week of the application in question.
2. Add fifteen days if, before the otherwise applicable ninety-day or 105-day time period elapses, the City notifies the applicant in writing that an extension is needed and the reasons for the extension.
(2) If the City fails to comply with this subsection, an application otherwise complete is considered to be approved, subject to the condition that the applicant provide the City not less than seven days' advance written notice that the applicant will be proceeding with the work pursuant to this automatic approval. The applicant shall be responsible to comply with all provisions of this section and the Act.
(c) The City may deny a completed application for a proposed colocation of a small cell wireless facility or installation, modification, or replacement of a utility pole that meets the height requirements in section of the Act if the proposed activity would do any of the following:
(1) Materially interfere with the safe operation of traffic control equipment.
(2) Materially interfere with sight lines or clear zones for transportation or pedestrians.
(3) Materially interfere with compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, or similar federal, state, or local standards regarding pedestrian access or movement.
(4) Materially interfere with maintenance or full unobstructed use of public utility infrastructure under the jurisdiction of the City.
(5) With respect to drainage infrastructure under the jurisdiction of the City, either of the following:
A. Materially interfere with maintenance or full unobstructed use of the drainage infrastructure as it was originally designed.
B. Not be located a reasonable distance from the drainage infrastructure to ensure maintenance under the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, and access to the drainage infrastructure.
(6) Fail to comply with reasonable, nondiscriminatory, written spacing requirements of general applicability adopted by the City by ordinance or otherwise that apply to the location of ground-mounted equipment and new utility poles and that do not prevent a wireless provider from serving any location.
(7) Fail to comply with applicable codes.
(8) Fail to comply with any provision of this section.
(9) Fail to meet reasonable, objective, written stealth or concealment criteria for small cell wireless facilities applicable in a historic district or other designated area, as specified in an ordinance or otherwise and applied to all other occupants of the right-of-way, including electric utilities, incumbent or competitive local exchange carriers, fiber providers, cable television operators, and the City.
(d) If the completed application is denied, the notice shall explain the reasons for the denial and, if applicable, cite the specific provisions of applicable codes on which the denial is based. The applicant may cure the deficiencies identified by the City and resubmit the application within thirty days after the denial without paying an additional application fee. The City shall approve or deny the revised application within thirty days. The City shall limit its review of the revised application to the deficiencies cited in the denial.
(e) The time periods of this Section may be extended by the mutual agreement of the City and the applicant.
(Ord. 2020-02. Passed 3-9-20.)