(A) Prior to the collocation, installation, modification, or replacement of any monopole, utility pole associated with wireless facilities, or small wireless facility in the public right-of-way, the wireless provider must complete and submit an application to the town.
(B) The town shall prescribe and provide a regular form of application for use by applicants for permits required by this section. The application shall include such information and details as the department deems necessary to establish the exact location, nature, dimensions, duration, and purpose of the proposed small wireless facility. If requested, the applicant shall include maps, sketches, diagrams, or similar exhibits. The applicant shall include proof of liability insurance. The town shall process and review the application in compliance with the following:
(1) Within 20 days of receiving an application, the town shall notify if the application is incomplete and identify the missing information.
(2) Within 75 days of receiving a complete application, the town must approve or deny the application (or the application is automatically approved).
(3) With respect to a denied application, the town must:
(a) Document the basis for the denial;
(b) Accept a resubmitted application within 30 days of denial (at no additional cost); and
(c) Approve or deny the resubmitted application within 30 days of receiving the revised application.
(4) A resubmitted application cannot be denied for a deficiency not identified in the original denial from the town.
(C) The town shall determine if the application establishes that the utility poles associated with wireless facilities, monopoles, and/or small wireless facilities that are the subject of the application comply with the following:
(1) Town design standards and guidelines;
(2) Town code provisions, ordinances, regulations, requirements, policies, and guidelines regarding engineering and structural design;
(3) Town code provisions, ordinances, regulations, requirements, policies, and guidelines regarding undergrounding;
(4) Town code provisions, ordinances, regulations, requirements, policies, and guidelines regarding public safety;
(5) Town code provisions, ordinances, regulations, requirements, policies, and guidelines regarding spacing new utility poles; and
(6) All other applicable town code provisions, ordinances, regulations, requirements, policies, and guidelines to which the town is authorized by law to subject small wireless facilities.
(D) If it is determined that the application does not establish compliance with requirements of this section, then the application must be denied.
(Ord. 663-18, passed 8-20-2018)