The village shall process applications as follows:
(A) The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
(B) (1) An application to collocate a small wireless facility on an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the village fails to approve or deny the application within 90 days after the submission of a completed application.
(2) However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the village in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application.
(3) The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the tenth day after the receipt of the deemed approved notice by the village. The receipt of the deemed approved notice shall not preclude the village’s denial of the permit request within the time limits as provided under this chapter.
(C) (1) An application to collocate a small wireless facility that includes the installation of a new utility pole or a new wireless support structure shall be processed on a nondiscriminatory basis and deemed approved if the village fails to approve or deny the application within 120 days after the submission of a completed application.
(2) However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the village in writing of its intention to Invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application.
(3) The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the village. The receipt of the deemed approved notice shall not preclude the village’s denial of the permit request within the time limits as provided under this chapter.
(D) The village shall deny an application which does not meet the requirements of this chapter.
(E) If the village determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained herein require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the applicant or provider.
(F) The village shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the village denies an application.
(G) The applicant may cure the deficiencies identified by the village and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The village shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the application to submit a new application with applicable fees, and recommencement of the village’s review period.
(H) The applicant must notify the village in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
(I) Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
(Ord. 2018-12, passed 7-24-2018)