(a) Applications shall be evaluated in the timeframes as follows:
(1) Type 1 Applications 60 days
(2) Type 2 Applications 90 days
(3) Type 3 Applications 120 days
(4) Type 4 Applications 120 days
(b) Applications shall be reviewed for completeness and compliance with this Chapter and Chapter 909 of the Codified Ordinances, and all applicable local, state, and federal laws. 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.
(c) The timeframes set out in subsection (a) may also be tolled as follows:
(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.
(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.
(3) By mutual agreement between the Applicant and the City.
(4) When an Applicant submits an underground area waiver pursuant to the Design Guidelines, in which case the City may toll for an additional thirty (30) 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 908.16, then the Chief Building Official may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If an Application 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 include, but are not limited to:
(1) Failure to provide information required under Section 908.07;
(2) Failure to comply with the City's Design Guidelines;
(3) Failure to provide financial surety pursuant to Section 908.15;
(4) Failure to remove abandoned Facilities as required under Section 908.12;
(5) Conflict with the historic nature or character of the surrounding area;
(6) Conflict with planned future improvements in the Right-of-Way; and/or
(7) Failure to comply with generally applicable health, safety, and welfare requirements. (Ord. 2018-50. Passed 7-23-18.)