(A) Permit application review timeframes.
(1) Collocation of SWF. Absent an agreement to the contrary between the town and the applicant that is confirmed by email or other writing, the town shall grant or deny an application to collocate, or to replace or modify any portion of a SWF on, or associated with, an existing wireless support structure not later than 75 days after the date of filing by an entity of a completed application.
(2) Installation of new SWF. Absent an agreement to the contrary between the town and the applicant that is confirmed by email or other writing, the town shall grant or deny an application for a SWF within the right-of-way not later than 90 days after the date of filing by an entity of a completed application.
(3) Removal of SWF. The town shall act on requests to remove wireless support structures associated with SWF from the right-of-way typical to the review timeframes for the general right-of-way permit required for this activity.
(4) Eligible facilities request. The town shall act on an eligible facilities request in accordance with 47 C.F.R. § 1.40001 not later than 60 days after the date of filing by an entity of a complete application.
(5) Completeness. Within ten business days of receiving an application, the town will determine and notify the applicant whether the application is complete; or if an application is incomplete, the town must specifically identify the missing information.
(6) Application denials.
(a) The town shall not unreasonably withhold or deny an application for a permit to place a SWF within the right-of-way.
(b) If an application is denied, the town will provide in writing its reasons for denying the request, including, if applicable, specific references to any applicable law supporting the denial.
(c) Notwithstanding an initial denial, the applicant may cure the deficiencies identified by the town and resubmit the application within 30 days of the denial, and the town will approve or deny the revised application within 30 days of receipt of it, unless additional deficiencies are discovered.
(Ord. 19001, passed 2-12-19)