Sec. 153.611 - Time to act on applications.

(A)

Standard times to act. Except in instances where the Town has entered into a tolling agreement with the applicant, the Planning Commission, Architectural and Site Review Administrator, or Planning Director shall act to approve, approve with conditions, or deny all applications within the following periods.

(1)

Within 60 days for:

(a)

Section 6409(a) modification applications; and

(b)

Small cell facilities proposed to be collocated or attached to existing support structures.

(2)

Within 90 days for:

(a)

Collocations of non-small cell WCFs;

(b)

Installations of non-small cell WCFs onto existing support structures; and

(c)

New small cell facilities (including new support structure).

(3)

Within 150 days for new non-small cell WCFs (including new support structure).

(B)

Tolling periods. If the applicant is timely notified that its application is incomplete pursuant to Section 153.606, the time to act on the application as defined by this section shall toll from the day after such notice is given to the applicant in writing to the day that the applicant submits additional documents to render the application complete. Should those additional documents fail to render the application complete, the time to act on the application shall again toll on the day after written notice to the applicant that the supplemental submission was insufficient until the day that the applicant submits additional documents to render the application complete.

(C)

Small cell time reset. Notwithstanding the above, if the applicant submits an incomplete application that proposes to install a small cell and is timely notified that the application is incomplete, the period in which the application must be acted upon shall not run until the applicant makes a supplemental submission to complete the application. Should the subsequent submittal fail to complete the application and the applicant is notified timely, the tolling periods provisions above shall apply.

(Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— Ord. 2020-607, § 2(Exh. A), adopted Feb. 25, 2020, repealed the former § 153-611, and enacted a new § 153-611 as set out herein. The former § 153-611 pertained to the compliance report and derived from Ord. 2017-589, effective 8-24-17.