The Administrative Official shall review the application for compliance with these and other applicable laws and regulations. Review and approval shall be in accordance with timeframes established by federal and state law or policy and the following:
(A) All applications shall be processed on a nondiscriminatory basis within:
(1) Sixty days of receipt of an application for the collocation of a small wireless facility; and
(2) Ninety days for an application to install, modify, or replace a pole on which a small wireless facility is or will be collocated.
(B) Within ten days of receiving an application, the Administrative Official shall determine and notify the applicant in writing:
(1) Whether the application is complete; or
(2) If the application is incomplete, what specific information is missing.
(C) If the application is incomplete, the applicant shall be allowed to resubmit the amended application without penalty or payment of any additional application fees, if resubmission occurs within 30 days of notification.
(D) The time frame for reviewing shall commence when the application is submitted, but may be tolled upon notification of incompleteness. If the application is incomplete, the applicable time frame for reviewing is reset when the missing information is provided by the applicant.
(E) Once the application is determined to be complete, the Administrative Official shall review the application and if the application meets the requirements and standards set forth in this chapter the application shall be granted and a permit issued.
(F) If the applicant is requesting an exception to any requirement, the standard of review shall be to determine if the exception is warranted due to an identifiable site-specific hardship or a technological
challenge, and more specifically if the excepted requirement is:
(1) Not necessary or desirable for the protection of the surrounding property, public health, public safety, or general welfare; or
(2) Unreasonable as applied to the particular application.
(G) The Administrative Official may approve some or all of the requested exception, and advise the applicant in writing of the extent of approval and/or reasons for denial. At his or her discretion, the Administrative Official may also submit the application to the Development Review Committee for input or comment.
(1) If the applicant believes the decision of the Administrative Official to be in error, an appeal may be made to the Tontitown Board of Zoning Adjustments.
(2) If the applicant accepts the decision of the Administrative Official the application shall proceed with review and approval or denial.
(H) The Administrative Official shall have the authority to defer an exception request to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall act upon the request in a timely manner. If the decision of the Board of Zoning Adjustment is in the affirmative, the permit shall be approved, provided all other review requirements are met. If not, the application shall be referred to the Administrative Official for continued review.
(I) If the Board of Zoning Adjustment denies any or all of the requested exception, the applicant may appeal the decision to a court of jurisdiction in accordance with state law.
(J) The Administrative Official or designee shall notify the applicant in writing of its final decision:
(1) Within 60 days of receiving an application for the collocation of a small wireless facility using an existing structure;
(2) (a) Within 90 days for an application to collocate a small wireless facility on a new structure.
(b) These timelines may be tolled only by mutual agreement between the applicant and the city.
(3) If the application is approved, a permit shall be issued;
(4) If the application is denied, the Administrative Official shall specify, in writing, the basis for denial, citing specific code provisions from federal, state, or local law as to why the application was denied;
(5) Notwithstanding the initial denial, the applicant may cure any deficiencies identified by the Administrative Official within 30 days of the denial without paying an additional application fee. The Administrative Official shall approve or deny the revised application within 30 days of receipt of the amended application and its review shall be limited to the deficiencies specified in the original notice of denial;
(6) If a decision on an application is not made within the applicable time frame, the application shall be deemed approved ten days after written notice is provided by the applicant to the city that the time-period for acting on the application has lapsed.
(K) If after commencement of construction but before construction is complete for an approved permit, circumstances unforeseen at the time of approval arise which make continued construction unsafe or impracticable, the applicant may request an amendment to the application or plan by filing a request to amend the approved application. The applicant shall cease work, and the procedure for the amendment request shall proceed in the same manner as if it were a new application under this chapter. There is no application fee for an amendment request.
(Ord. 2019-08-856, passed 8-20-19)