2018-075 Ordinance - Laserfiche WebLink

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a completed application. (B) Failure to grant or deny within prescribed timeframes. If the city fails to approve or deny a request for consent under this section or a request for a relevant work permit within the required time period, provided the time period is not tolled under Section 904.05(F), the request shall be deemed granted upon the requesting entity providing notice to the city that the time period for acting on the request has lapsed. (C) Application denials. (1) The city shall not unreasonably withhold or deny consent for small cell facilities and wireless support structures within the right-of-way. (2) If a request for consent is denied, the city shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information as the applicant may reasonably request to obtain consent. The denial of consent shall not unreasonably discriminate against the entity requesting the consent. (3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the city, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare. (D) Tolling of required timeframes. (1) The time periods required in Section 904.05(A) may be tolled only: (a) By mutual agreement between the entity requesting consent and the city; (b) In cases where the city determines that the application is incomplete; or (c) if the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficulty processing applications within the time limits set forth in Section 904.05(A) due to the lack of resources of the city, then the city may toll the time limits as follows: 1. The time period may be tolled for up to 21 days for the first 15 small cell facility or wireless support structure requests received by the city above the thresholds provided in the Table below within any consecutive 30 -day period: City population at time Small Cell Facility or Number of Applications: Wireless Support Structure applications are received: 30,000 persons or less 15 applications or more 30,001 to 40,000 persons 20 applications or more 2. In no instance shall the city toll the time period for any small cell facility or wireless support structure request by more than 90 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. (2) To toll the time period for incompleteness, the city shall provide written notice to the