§ 154.14 ELIGIBLE FACILITIES REQUESTS.

   (A)   In the case of an application for an eligible facilities request, the town's Land Use Administrator shall review the preliminary application and determine whether the request is eligible. The Land Use Administrator may require from the applicant such other information, pursuant to this chapter, as is needed to make this determination; alternatively, if the Land Use Administrator is given sufficient proof that the request is eligible, he or she may relax such requirements of a completed application described in § 154.11 as he or she shall deem unnecessary, If the Land Use Administrator determines that the application constitutes an eligible facilities request, he or she shall certify such eligibility to the Town Council, and the Board shall approve the special use permit, pursuant to 47 U.S.C. § 1455(a), and no hearing shall be required. Provided further, the Town Council may delegate to the Land Use Administrator the authority to approve eligible facilities requests on its behalf without further process.

   (B)   If the Land Use Administrator determines, after reviewing the application pursuant to division (A) of this section, that there is substantial evidence that the application constitutes a substantial modification, then a hearing shall be required pursuant to this chapter. At the hearing, the Land Use Administrator shall first present the evidence of a substantial modification, which the applicant or any other interested party may cross examine. The applicant and any other interested party shall present evidence of an eligible facilities request, which may also be cross examined. The Board of Adjustment shall make findings of fact as to the question, and shall decide whether:

      (1)   The application is for an eligible facilities request, in which case it shall approve the special use permit without further hearing; or

      (2)   That the application is for a substantial modification, in which case it shall conduct the hearing pursuant to §§ 154.22 and 154.23.

   (C)   The town shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the town shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete.

(Ord. 2018-002, passed 4-2-18; Am. Ord. passed 3-15-21)