(A) Once the application is certified complete, the Town Council, or its designee, shall review the application and make a factual determination as to whether or not the proposed small wireless facilities has met all requirements under this chapter and will be in compliance with applicable provisions of the Town Code of Ordinances, regulations and standards. Applications for a permit will be approved if the requirements of this chapter are met and the small wireless facilities will be in compliance with all other codes, regulations and standards that generally apply to the proposal and related activities.
(B) Time to make determination. An application will be deemed approved if the town fails to approve or deny the application within 60 days of submission. If the town notifies the applicant within 14 days after the initial submission that the application is incomplete and identifies at that time the information that is lacking, the time period stated above shall be tolled during the time it takes the applicant to respond. No other request for additional information may toll the required time for a determination.
(C) Denials of applications. The town must document the basis for any denial, including the specific code provisions or standards on which the denial was based, and send the documentation to the applicant on or before the day the authority denies an application.
(1) The applicant may cure the deficiencies identified by the town and resubmit the application within 30 days of the denial without paying an additional processing fee.
(2) The authority shall approve or deny the revised application within 30 days. Any subsequent denial must be limited to the deficiencies cited in the original denial.
(3) Where one or more locations addressed in a consolidated application are denied, the authority shall approve the application as to other locations requested on the consolidated application that meet the criteria for approval.
Any wireless services provider whose application or revised application is denied may appeal to the superior court within 30 days.
(Ord. 2019-10, passed 7-1-19)