A. A telecommunication provider or broadband provider may locate or co-locate small wireless facilities on light poles, light standards, traffic signals, or utility poles in the right-of-way owned by the Town, subject to execution of a license agreement and subject to the following:
1. A small wireless facility or small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached.
2. The construction, installation, operation, and maintenance of a small wireless facility must comply with applicable federal and state law and the provisions of this Section. If upon inspection, the Town concludes that a small wireless facility fails to comply with such laws and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the small wireless facility, the owner shall have thirty (30) days from the date of the notice to bring such facility into compliance. Upon good cause shown by the owner, the Town may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such facility into compliance within said time period, the Town may remove such facility at owner's expense or prohibit future, noncompliant use of the light pole, light standard, traffic signal or utility.
B. Micro Wireless Facility: Unless otherwise required pursuant to subsection (B) herein, no application or permit shall be required for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with the National Safety Code, subject to the following:
1. The Town may require a permit for installation, placement, operation, maintenance, or replacement of micro wireless facilities where the installation, placement, operation, maintenance, or replacement of micro wireless facilities does any of the following, upon determination by the Town:
a. Involves working with a travel lane or requires the closure of a travel lane with the public right-of-way;
b. Disturbs the pavement or a shoulder, roadway, or ditch line;
c. Includes placement on limited access rights-of-way; or
d. Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
C. Time Limitations:
1. For a small wireless facility using a new structure, subject to the tolling provisions of subsection (C), within ninety (90) days of the date on which an applicant submits an application under this subsection, the Town shall act on the application. The ninety (90)-day review period begins to run when the application is filed and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Director determines that the application is incomplete. To toll the timeframe for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in this application. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the Town's notice of incompleteness. Within ten (10) days of a supplemental submission, the Town will notify the applicant if the supplemental submission did not provide the information identified in the original notice delineating missing information. In case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.
2. For a small wireless facility using a preexisting structure, subject to the tolling provisions of subsection (C), within sixty (60) days of the date on which an applicant submits an application under this subsection, the Town shall act on the application. The sixty (60)-day review period begins to run when the application is filed and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Director determines that the application is incomplete. To toll the timeframe for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in this application. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the Town's notice of incompleteness. Within ten (10) days of a supplemental submission, the Town will notify the applicant if the supplemental submission did not provide the information identified in the original notice delineating missing information. In case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.
3. If the Town fails to act on an application under this subsection within the timeframe for review (accounting for any tolling), the application shall be deemed approved, effective on the date when the applicant notifies the Town in writing that the review period has expired and that the application has been deemed approved. (Ord. 558, Series of 2021; amd. Ord. 575, Series of 2022)