(a) The Public Works Director or the Public Works Director designee shall review the application for conformance with the standards of this chapter and shall either:
(1) Approve, approve with conditions, or deny a small cell minor application; or
(2) Grant or deny consent for small cell substantial and wireless structure applications.
(b) If a request is denied, the reasons for denial shall be provided in writing to the applicant.
(c) The City reserves the right to deny an application if any one of the following conditions exist:
(1) The application does not comply with a provision of this chapter or a provision of the Englewood Codified Ordinances;
(2) The applicant is not authorized to conduct business in the State of Ohio;
(3) The applicant is not current in its obligation to pay to the City fees or taxes imposed by this chapter;
(4) The design or location is deemed unsafe or non-compliant in regards to transportation and engineering standards for construction within the right-of-way;
(5) The design is counter to the health, safety, and welfare of the City;
(6) The design or location is in conflict with current or proposed accessibility standards;
(7) The design does not meet standards related to electrical, structural, safety or construction best practices;
(8) The design is in conflict with existing infrastructure, facilities, and/or utilities.
(d) Except as allowed in division (e) below, applications shall be reviewed and a decision rendered according to division (a) of this section, within the following time periods:
(1) Small cell minor. Small cell minor applications shall be rendered within sixty days of the date of filing.
(2) Small cell substantial. Small cell substantial applications shall be rendered within ninety days of the date of filing.
(3) Wireless support structure. Wireless support structure applications shall be rendered within 120 days of the date of filing.
(e) The time period required in division (d) above may be tolled only:
(1) By mutual agreement between the applicant and the City;
(2) If the application is determined to be incomplete; or
(3) If the number of applications received by the City is likely to result in difficulty processing applications within the time limits set forth in this chapter, then the following tolling time periods may be instituted:
A. When the number of applications received by the City within any consecutive thirty day period is between sixteen and thirty, inclusive, a tolling period of twenty-one days;
B. For every additional fifteen applications received by the City beyond thirty applications in any consecutive thirty day period, a tolling period of an additional fifteen days;
C. However, in no instance shall the time tolled exceed ninety consecutive days.
(f) To toll the time period for incompleteness, the City shall provide the applicant notice within thirty days of the date of filing. Such notice shall include a listing of the missing documents and/or information. The time period resumes once the applicant submits a response. If an application is still incomplete, the City shall notify the applicant within ten days of the response.
(g) If multiple applications are received by the City to install two or more wireless support structures that would violate the spacing requirements of Section 1028.15(b)(2) or to collocate two or more small cell facilities on the same wireless support structure, the City shall process and render a decision in the order the applications are received.
(h) In the event that an application is received by the City to install a wireless support structure or small cell facility in a location in common with another application for a facility in the right-of-way, preference shall be granted in the following order of service provided:
(1) Municipal infrastructure
(2) Water
(3) Electricity
(4) Gas
(5) Landline telephone
(6) Wireless service
(Ord. 18-07. Passed 6-26-18.)