(a) Review of Small Wireless Facility and Utility Pole Applications.
(1) Within ten days of receiving an initial application, the municipality will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, the municipality will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The shot clock set forth in paragraph (a)(2) hereof shall restart at zero on the date which the applicant submits all the documents and information identified by the municipality to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the municipality notifies the applicant within ten days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in paragraph (a)(2) hereof shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the municipality to render the application complete.
(2) All applications shall be processed on a nondiscriminatory basis, and the municipality shall approve or deny an application for: (i) collocation of small wireless facility on an existing structure within sixty days of receipt of the application, or (ii) within ninety days for applications to deploy a small wireless facility using a new structure.
(3) An applicant and the municipality may enter into a written agreement to toll the time periods set forth in paragraph (a)(2) hereof.
(4) If the municipality fails to issue a decision on an application for a small wireless facility within the required time periods set forth in paragraph (a)(2) hereof, it shall constitute a deemed approved.
(5) A municipality may deny a proposed collocation of a small wireless facility or installation or modification of a utility pole only if the proposed application:
A. The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement.
B. The small wireless facility fails to comply with applicable codes.
C. The small wireless facility fails to comply with the requirements specified under the Small Wireless Facilities Deployment Act.
D. The applicant fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.
(6) The municipality must document the basis for a denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant on or before the day the municipality denies an application. The applicant may cure the deficiencies identified by the municipality and resubmit the application within thirty days of the denial without paying an additional application fee. The municipality shall approve or deny the revised application within thirty days. Any subsequent review shall be limited to the deficiencies cited in the denial.
(7) The applicant may cure the deficiencies identified by the municipality and resubmit the application within thirty days of receiving the written basis for the denial without being required to pay an additional application fee. The municipality shall approve or deny the revised application within thirty days of the application being resubmitted for review or the resubmitted application shall be deemed approved thirty days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the municipality shall be given an additional fifteen days to review the resubmitted application and may charge an additional fee for the review.
(b) Permit Scope and Effect. Installation, modification, or collocation for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the municipality and the applicant agree to extend this period. Approval of an application authorizes the applicant to:
(1) Collocate on an existing utility pole, modify or replace a utility pole or install a new utility pole with small wireless facilities attached as identified in the initial application.
(2) Subject to the permit requirements and the applicant's right to terminate at any time, operate and maintain small wireless facilities and any associated equipment on a utility pole covered by the permit for a period five years, which shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in the Small Wireless Facilities Deployment Act and applicable codes, and the applicant has obtained all necessary consent from the utility pole owner.
(c) Authority Granted; No Property Right or Other Interest Created. A permit from the municipality authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the ROW.
(Ord. 1093. Passed 10-12-21.)