A. Procedure:
1. Purpose: This section also implements, in part, 47 USC section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153.
2. Application Review:
a. Application: The City shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the City to consider whether an application is a request for a new site or tower.
b. Review: Upon receipt of an application for a request for a new site or tower pursuant to this section, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.
c. Timeframe For Review: Within one hundred fifty (150) days of the date on which an applicant submits an application seeking approval of a request for a new site or tower under this section, the City shall review and act upon the application, subject to the tolling provisions below.
d. Tolling Of The Timeframe For Review: The 150-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete.
(1) To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.
(2) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.
(3) Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that has not been delineated in the original notice of incompleteness.
e. Failure To Act: In the event the City fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), based on the following:
(1) Height: Maximum as established in subsection 8-6-9A4, table 2 of this chapter; and
(2) Minimum design standards; and
(3) Site location preference; and
(4) Right-of-way, building, and site permits must meet City of Hayden, and ADA requirements;
provided the applicant notifies the City in writing after the review period has expired the applicant shall be entitled to pursue all remedies under applicable law. (Ord. 596, 5-24-2019)