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(a) Applications shall be evaluated in the timeframes as follows:
(1) Type 1 Applications. Sixty (60) days
(2) Type 2 Applications. Ninety (90) days, except that for Small Wireless Facilities that are not to be collocated upon a new Wireless Support Structure, the timeframe for a Type 2 Application shall be sixty (60) days.
(3) Type 3 Applications. 120 days, except that for new Wireless Support Structures upon which a Small Wireless Facility is to be mounted, the timeframe for a Type 3 Application shall be ninety (90) days.
(b) Applications shall be reviewed for completeness. If the Application is incomplete, then the Applicant will be notified of the insufficiency, and the timeframes set forth in subsection (a) shall be tolled until the Application is made complete, as described below:
(1) To toll the time period for incompleteness, the City must provide written notice to the Applicant, specifically identifying all missing documents or information, within thirty (30) days after receiving the Application; except that where an Applicant has indicated that the Application is for a Small Wireless Facility, or a Wireless Support Structure upon which a Small Wireless Facility is to be mounted, the written notice shall be provided within ten (10) days after receiving the Application.
A. In the case of a proper and timely initial written notice of incompleteness provided concerning an Application involving a Small Wireless Facility pursuant to subsection (b)(1), the time period set forth in subsection (a) shall be deemed never to have started running at all until Applicant provides a supplemental submission.
(2) The time period set forth in subsection (a) will begin to run again when the Applicant provides a supplemental submission in response to the City's notice of incompleteness issued pursuant to subsection (b), but may be tolled again if the City notifies the Applicant in writing, within ten (10) days of receiving a supplemental submission, that the Application remains incomplete and identifies which items specified in the original notice of incompleteness are still missing. Timely notice by the City of the deficiencies in a supplemental submission tolls the time period set forth in subsection (a) until the Applicant supplies the specified information.
(c) The timeframes in subsection (a) may be tolled by mutual agreement between the Applicant and the City. The timeframes in subsections (a)(2) and (a)(3) may also be tolled as follows, except that where an Applicant has indicated that the Application is for a Small Wireless Facility, the provisions of subsections (c)(1) and (c)(2) below do not apply:
(1) If the City receives between fifteen (15) and thirty (30) applications in a thirty-day period, then the City may toll for an additional twenty-one (21) days beginning with the sixteenth (16th) application.
(2) If the City receives more than thirty (30) applications in a thirty-day period, then the City may toll for an additional fifteen (15) days for every fifteen (15) applications received, up to a maximum tolling period of ninety (90) days, as indicated below:
A. Applications 31-45: 36 additional days
B. Applications 46-60: 51 additional days
C. Applications 61-75: 66 additional days
D. Applications 76-90: 81 additional days
E. Applications 91+: 90 additional days
(3) When an Applicant submits an underground area waiver pursuant to Section 939.13(d) of the Codified Ordinances, in which case the City may toll for an additional fourteen (14) days.
(d) If two Applicants request to Collocate on the same Wireless Support Structure or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in Section 939.16, then the Development Engineer may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If a request for consent is denied, the City shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the Applicant. Grounds for denying an Application may include, but are not limited to:
(1) Failure to provide information required under Section 939.07;
(2) Failure to comply with Design Guidelines promulgated by the Director of Community Development;
(3) Failure to provide financial surety pursuant to Section 939.15;
(4) Failure to remove abandoned Facilities as required under Section 939.12;
(5) Conflict with the historic nature or character of the surrounding area;
(6) Conflict with planned future improvements in the Right-of-Way; and
(7) Failure to comply with generally applicable health, safety, and welfare requirements.
(Ord. 2019-117. Passed 10-16-19.)