13-19 Amending Small Cell Wireless Communication Code

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(e) The time4ames,4 I To toll the time period for incompleteness, the City must provide written notice to the Applicant, specifically identifying all missing documents or information, within thirty (30) days after receiving the Application; except that where an Applicant has indicated that the Application is for a Small Wireless Facility, or a Wireless Support Structure upon which a Small Wireless Facility is to be mounted, the written notice shall be provided within ten (10) days after receiving the Application. (A) In the case of a proper and timely initial written notice of incompleteness provided concerning an Application involving a Small Wireless Facility pursuant to subsection (b)(1), the time period set omforth in subsection (a) shall be deemed never to have started running at all until Applicant provides a supplemental sub- mission. (2) The time period set forth in subsection (a) will begin to run again when the Applicant provides a supplemental submission in response to the City's notice of incompleteness issued pursuant to subsection (b), but may be tolled again if the City notifies the Applicant in writing, within ten (10) days of receiving a supple- mental submission, that the Application remains incomplete and identifies which items specified in the original notice of incompleteness are still missing. Timely notice by the City of the deficiencies in a supplemental submission tolls the time period set forth in subsection (a) until the Applicant supplies the specified infor- mation. (c) The timeframes in subsection (a) may be tolled by mutual agreement be- tween the Applicant and the City. The timeframes in subsections (a)(2) and (a)(3) may also be tolled as follows, except that where an Applicant has indicated that the Application is for a Small Wireless Facility, the provisions of subsections (c)(1) and (c)(2) below do not apply: (1) If the City receives m o. e. than ' ^between thirty (30) and forty -five (45) applications in a 30thir -day period, then the City may toll for an additional 21 days beginning with the 31 st application. (2) If the City receives more than 30forty -five (45) applications in a 30 thirty- day period, then the City may toll 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: (3) By mutual agivement between the Applicant and the City. ( AA)Applications 46 -60: 36 additional days (B) Applications 61 -75: 51 additional days (C) Applications 76 -90: 66 additional days (D) Applications 91 -105: 81 additional days (E) Applications 106 +: 90 additional days. (D When an Applicant submits an underground area waiver pursuant to Section 906.13(d) of the Codified Ordinances, in which case the City may toll for an ad- ditional 14 days. (d) If two Applicants request to Collocate on the same Wireless Support Struc- ture or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in Section 906.16, then the Director may resolve the conflict in any reasonable and nondiscriminatory manner. (e) If a request for consent is denied, the City shall provide, in writing, its rea- sons 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: (1) Failure to provide information required under Section 906.07; (2) Failure to comply with Design Guidelines established and promulgated by the Director; (3) Failure to provide financial surety pursuant to Section 906.15; (4) Failure to remove abandoned Facilities as required under Section 906.12; (5) Conflict with the historic nature or character of the surrounding area; 16