(A) The town will undertake a review of an application pursuant to this chapter in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public’s interest and need to be involved, and the applicant’s desire for a timely resolution.
(B) The town may refer any application or part thereof to any advisory or other committee for a non-binding recommendation.
(C) After the public hearing and after formally considering the application, the town may approve, approve with conditions, or deny a special use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.
(D) If the town approves the special use permit for the wireless telecommunications facility, then the applicant shall be notified of such approval at the Board meeting and in writing within 30 calendar days of the town’s action, and the special use permit shall be issued within 30 days after such approval. Except for necessary construction plan documents, building permits and subsequent certificates of compliance, once a special use permit has been granted hereunder, no additional site plan or zoning approvals shall be required by the town for the wireless telecommunications facilities covered by the special use permit. Each modification or co-location of an antenna array shall require the submission of a wireless telecommunications facility application and building permit application.
(E) If the town denies the special use permit for the wireless telecommunications facilities, then the applicant shall be notified of such denial at the Board meeting and in writing within 30 calendar days of the Board’s action and shall set forth in writing the reason or reasons for the denial.
(Ord. O-2007-30IN, passed 12-4-2007)