(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 shall be notified on 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 Village 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 ()(1), the time period set forth in subsection (a) shall be deemed never to have started running at all until the 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 Village's notice of incompleteness pursuant to subsection (b)(1), but may be tolled again if the Village 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 Village 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 set out in subsection (2) may be tolled by mutual agreement between the Applicant and the Village. 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 Village receives between twenty-five (25) and forty (40) applications in a thirty (30) day period, then the Village may toll for an additional twenty-one (21) days beginning with the twenty-sixth (26th) application.
(2) If the Village receives more than forty (40) applications in a thirty (30) day period, then the Village may toll for an additional fifteen (15) days for every additional fifteen (15) applications received, up to a maximum tolling period of ninety (90) days, as indicated below:
A. Applications 41-55: 36 additional days
B. Applications 56-70: 51 additional days
C. Applications 71-85: 66 additional days
D. Application 86-100: 81 additional days
E. Applications 101+: 90 additional days
(3) When an Applicant submits an underground area waiver pursuant to Section 931.32(d) herein, in which case the Village 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 931.16 here, then the Mayor or designed may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If a request for Small Cell Use Permit is denied, the Village 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:
(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. 2022-43. Passed 6-7-22.)