(A) A right-of-way/easement permit application for collocation of small wireless facilities, installation of a new support structure or substantial modification is subject to the application review timeframes in this section.
(B) Permit applications for new support structures must include an attestation that small wireless facilities will be collocated on the utility pole or wireless support structure and will be used by a wireless services provider to provide service within nine months after the date the application is approved. A permit application for the collocation of small wireless facilities may be included with an application to install a new support structure.
(C) Determination of completion/defects. Within 14 calendar days after receiving an application, the town must determine and notify the applicant by electronic mail as to whether the application is complete. If an application is deemed incomplete, the town must specifically identify the missing information. An application is deemed complete if the town fails to provide notification to the applicant within 14 calendar days. If the town determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the corrected application within 30 calendar days of receiving the notice. If an applicant is unable to cure the defects within the 30 day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(D) A complete application is deemed approved if the town fails to approve or deny the application within 60 calendar days after receipt of the application. If the town does not use the 30-day negotiation period provided below, the parties may mutually agree in writing to extend the 60-day application review period. The town shall grant or deny the application at the end of the extended period.
(E) Alternative location. The town may request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative town utility pole or support structure or may place a new utility pole. The town and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the town of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the town of such non-agreement and the town must grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.
(F) The town must notify the applicant of approval or denial by electronic mail. The town shall approve a complete application unless it does not meet the applicable codes. If the application is denied, the town must specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the town denies the application. The applicant may cure the deficiencies identified by the town and resubmit the application within 30 days after notice of the denial is sent to the applicant. The town shall approve or deny the revised application within 30 days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial.
(G) Denial. The town may deny a permit application for a small wireless facility, support structure or substantial modification where:
(1) The applicant fails to submit a complete application;
(2) The applicant fails to supplement its application with additional information as requested in the evaluation of the application;
(3) The applicant fails to pay the filing fee, if applicable;
(4) The proposed installation or modification materially interferes with the safe operation of traffic control equipment.
(5) The proposed installation or modification materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes.
(6) The proposed installation or modification materially interferes with compliance with the Americans with Disabilities Act, as amended, or similar federal or state standards regarding pedestrian access or movement.
(7) The proposed installation or modification materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual, as amended.
(8) The proposed installation or modification is not in compliance with the provisions of this subchapter.
(Ord. 2018-06, passed 8-29-2018)