(a) Applications shall be evaluated in the timeframes as follows:
(1) Type 1 Applications: 60 days;
(2) Type 2 Applications: 90 days;
(3) Type 3 Applications: 120 days.
(b) Applications will be reviewed for completeness. When an incomplete application has been submitted, the applicant will be notified in writing of the insufficiency no later than thirty (30) days after its receipt; and, the review time period may be tolled until the application is made complete.
(c) The review time period may also be tolled by mutual agreement between the applicant and the City.
(d) If the City receives between fifteen (15) and thirty (30) applications in a thirty-day period, then the City may toll the review period for an additional twenty-one (21) days beginning with the sixteenth (16th) application.
(e) If the City receives more than thirty (30) applications in a thirty-day period, then the City may toll the review timeframe for an additional fifteen (15) days for every fifteen (15) applications received, up to a maximum tolling period of ninety (90) days, as indicated below:
(1) Applications 31-45: 36 additional days
(2) Applications 46-60: 51 additional days
(3) Applications 61-75: 66 additional days
(4) Applications 76-90: 81 additional days
(5) Applications 91+: 90 additional days
(f) When an applicant submits an underground area waiver pursuant to Chapter 910 of this Code, the City may toll the review period for an additional thirty (30) days.
(g) If two (2) applicants request to collocate on the same wireless support structure or two (2) wireless support structures are proposed within a distance that would violate the spacing requirements set forth in Chapter 910, then the Building Commissioner may resolve the conflict in any reasonable and nondiscriminatory manner.
(h) If a request for consent is denied, the City 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:
(4) Failure to remove abandoned facilities as required under Section 909.12;
(5) Conflict with the character of the surrounding area;
(6) Conflict with planned future improvements in the right of way;
(7) Failure to comply with generally applicable health, safety, and welfare requirements; and/or,
(8) Exceeds size requirements for small cell facilities.
(Ord. 55-2019. Passed 6-25-19.)