A. Township Review Of Permit Applications: Completed permit applications, containing all of the required documentation, shall be reviewed by the Township Engineer and the Highway Commissioner.
B. Application Process: The Township shall process applications as follows:
1. The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
2. An application to collocate a small wireless facility on an existing utility pole or wireless facility shall be processed within ninety (90) days after the submission of a completed application. If the Township does not approve or deny the completed application within said ninety (90) days, the application shall be deemed approved.
a. If the applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify the Township, in writing, its intention to invoke the deemed approved remedy no sooner than seventy five (75) days after the submission of a completed application.
b. The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt by the Township of the deemed approved notice by the Township.
c. The receipt of the deemed approved notice shall not preclude the Township's denial of the permit request within the time limits as provided under this chapter.
3. An application to collocate a small wireless facility that includes the installation of a new utility pole or wireless support structure or a replacement of a utility pole or wireless support structure shall be processed within one hundred twenty (120) days after the submission of a completed application. If the Township does not approve or deny the completed application within said one hundred twenty (120) days, the application shall be deemed approved.
a. If the applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify the Township, in writing, its intention to invoke the deemed approved remedy no sooner than one hundred five (105) days after the submission of a completed application.
b. The permit shall be deemed approved on the latter of the 120th day after submission of the completed application or the 10th day after the receipt by the Township of the deemed approved notice by the Township.
c. The receipt of the deemed approved notice shall not preclude the Township's denial of the permit request within the time limits as provided under this chapter.
C. Approval/Denial Of Permit: The Township shall deny any permit application which does not meet the requirements of this chapter.
1. If the Township makes the determination that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions set forth in section 4-7-10 of this chapter, require that the existing utility pole or wireless support structure must be replaced before the requested collocation is permitted, the approval shall be conditioned on the replacement of the utility pole or wireless support structure at the applicant's expense. The replacement of the utility pole or wireless support structure shall be subject to the provisions set forth in chapter 6, "Standards For The Construction Of Utility Facilities In The Public Rights-Of-Way", of this title.
2. The Township shall document the basis for denial of the permit, including the specific Code provisions or application conditions on which the denial is based. The documentation shall be sent to the applicant on or before the day the Township denies the permit application.
3. The applicant may submit a revised application once within thirty (30) days after notice of denial is sent to the applicant without paying an additional application fee. The revised application shall cure the deficiencies identified by the Township in its written denial of the original application. The Township shall approve or deny the revised application within thirty (30) days of receipt of the applicant's revised application or it is deemed approved. Failure to resubmit the revised application within thirty (30) days of denial of the application, shall trigger the requirement that the applicant submit a new application with the applicable fees and the recommencement of the Township's applicable review period.
a. If the applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify the Township, in writing, its intention to proceed with the permitted activity on a deemed approved basis. This notice may be submitted with the revised application.
b. Any review of the revised application by the Township shall be limited to the deficiencies cited by the Township in its denial of the original application.
c. The revised application procedure shall not apply if the cure for the deficiencies set forth in the denial requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility. (Ord. SWO-2018-5, 8-14-2018)