(a) An application, provided by the Building Commissioner, to seek the City's consent pursuant to Section 1339.03 of this Chapter to install or modify a small cell facility or wireless support structure in a public way must be completed and submitted to the City's Building Department along with the appropriate fee as described in Section 1339.05 of this Chapter.
(b) The City, not later than ninety (90) days after the date of filing by an entity of a completed application for consent under divisions (b)(1) and (2) of this section or one hundred twenty (120) days under division (b)(3) of this section, shall grant or deny the application to:
(1) Collocate small cell facilities on a wireless support structure;
(2) Replace or modify a small cell facility on a wireless support structure;
(3) Construct, modify, or replace a wireless support structure associated with a small cell facility.
(c) The time limits required in division (b) of this section may be tolled:
(1) By mutual agreement between the person requesting consent and the City.
(2) If the City determines that an incomplete application has been submitted to the Building Commissioner, in which case the City will provide written notice to the person requesting consent not later than thirty (30) days after receiving the request, clearly and specifically delineating all missing documents or information. The time resumes when the person makes a supplemental submission in response to the City's notice of incompleteness. If the supplemental submission is inadequate as to the original notice of incompleteness, the City will notify the person no later than ten (10) days after receiving the supplemental submission.
(3) If the City has received a number of requests for consent for small cell facilities or wireless support structures that is likely to result in difficulty processing applications within the time limits set forth division (b) of this section due to the lack of resources of the City, then the City may toll the time limits as follows:
A. The time period may be tolled for up to twenty-one days for the first fifteen small cell facility or wireless support structure requests received by a municipal corporation above the thresholds provided in divisions (c)(3)(A)(i) to (v) of this section and for the first thirty small cell facility or wireless support structure requests received by a municipal corporation above the thresholds provided in division (c)(3)(A)(vi) of this section, within any consecutive thirty-day period:
(i) If the City has a population of thirty thousand persons or less and it receives applications for at least fifteen small cell facility or wireless support structure requests;
(ii) If the City has a population of thirty thousand one to forty thousand persons and it receives applications for at least twenty small cell facility or wireless support structure requests;
(iii) If the City has a population of forty thousand one to fifty thousand persons and it receives applications for at least twenty-five small cell facility or wireless support structure requests;
(iv) If the City has a population of fifty thousand one to sixty thousand persons and it receives applications for at least thirty small cell facility or wireless support structure requests;
(v) If the City has a population of sixty thousand one to one hundred thousand persons and it receives applications for at least sixty small cell facility or wireless support structure requests;
(vi) If the City has a population of one hundred thousand one persons or more and it receives applications for at least ninety small cell facility or wireless support structure requests.
B. Further, for every additional fifteen requests that the City receives above the thresholds provided in divisions (c)(3)(A)(i) to (v) of this section, and every additional thirty requests that the City receives above the threshold provided in division (c)(3)(A)(vi) of this section within any consecutive thirty-day period, the City may toll the time period for those requests for up to fifteen days in addition to the time period provided in division (c)(3)(A) of this section.
C. In no instance shall the City toll the time period for any small cell facility or wireless support structure request by more than ninety consecutive days. Upon request, the City shall provide an operator written notice of the time limit for a small cell facility or wireless support structure request.
(d) The approved collocation or construction of a small cell facility and/or wireless support structure in the public way of the City must be completed within one hundred eighty days of the date of the City's approval unless the City and the operator agree to extend this period or a delay is caused by make-ready work for a municipally owned wireless support structure or decorative pole or by the lack of commercial power or backhaul availability at the site, provided that the operator has made a timely request within sixty days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty days after issuance of the permit. Otherwise, the permit shall be void unless the municipal corporation grants an extension in writing to the operator.
(e) The City's approval of the collocation of a small cell facility to a wireless support structure shall be valid for ten years, with a presumption of renewal for successive five-year terms. Such renewal is subject to the operator's compliance with the terms of this Chapter.
(f) If an application by a person for consent is denied, the City will provide to the person in writing its reasons for denying the request, and such information as the person may reasonably request to obtain consent.
(g) If the City fails to provide consent under Section 1339.03 or fails to approve a relevant construction permit within the required time period, provided the time period is not tolled under this Section, the request for consent shall be deemed granted upon the requesting person providing notice to the City that the time period for acting upon the request has lapsed.
(Ord. 2018-049. Passed 5-15-18.)