(A) Review of applications. The city shall review applications for network nodes, node support poles and transport facilities in light of their conformity with applicable law, including but not limited to Chapter 92 of this Code and Land Development Code Division 6.9, as applicable. Permits for alteration or excavation of a right-of-way shall be issued on terms applicable to such work. The city shall issue permits pursuant to this chapter on nondiscriminatory terms and conditions subject to the following requirements:
(1) Within 30 days of receiving an application for a network node or node support pole, or ten days for a transport facility, the city shall determine and notify the applicant whether the application is complete; or if incomplete, the city must specifically identify the missing information in such notification. There shall be no fee charged for completion and resubmittal of an application.
(2) The city shall make its final decision to approve or deny a complete application no later than:
(a) Twenty-one days after receipt of a complete application for a transport facility;
(b) Sixty days after receipt of a complete application for a network node; and
(c) One hundred fifty days after receipt of a completed application for a new node support pole.
(3) The city shall advise the applicant in writing of its final decision, and, if denied, the basis for that denial, including specific provisions of City Code or applicable law on which the denial was based, and send the documentation to the applicant by electronic mail on or before the day the city denies the application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of the denial without paying an additional application fee. The city shall approve or deny the revised application within 90 days of receipt of the amended application. The subsequent review by the city shall be limited to the deficiencies cited in the original denial.
(4) If the city fails to act on an application within the review period specified in this section, the application shall be deemed approved.
(5) An applicant seeking to collocate network nodes may, at the applicant's discretion, file a consolidated application and receive permits for up to 30 network nodes. Provided, however, that the city's denial of any node within a single application shall not affect other nodes submitted in the same application. The city may grant permits for any and all nodes in a single application that it does not deny.
(B) Review of eligible facilities requests. Notwithstanding any other provision of this chapter, the city shall comply with the provisions of subsection (c) of 47 CFR 1.40001 in connection with an eligible facilities request for modification that does not substantially change the physical dimension of such structure.
(Ord. 180515, passed 5-15-2018)