§ 78-402. Application review timeframes.

(a)

Small wireless facilities .

(1)

An application is deemed submitted or resubmitted on the date the application is received by the engineering services department. The city shall notify the registrant via e-mail within 14 days after the date the application is initially submitted or additional information resubmitted, whether the application is completed in compliance with the city's requirements. An application is deemed complete if the city fails to provide notification of deficiency to the registrant within 14 days.

(2)

If the application is not completed in compliance with the city's requirements, within 14 days of receipt, the city shall so notify the registrant in writing via e-mail indicating with specificity any deficiencies which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the development services department shall notify the registrant, in writing, no later than 14 days after the additional information is submitted, of any remaining deficiencies that must be cured. If a specified deficiency is not properly cured when the registrant resubmits its application to comply with the notice of deficiencies, the city may continue to request the information until such time as the specified deficiency is cured, or may establish a reasonable time frame within which the required information to cure the application deficiency is to be provided. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed.

(3)

The city shall grant or deny such application within 60 days or, as required by federal and state law. The city and registrant may mutually agree, in writing, to extend the application review period. If the review period is not extended, a complete application shall be deemed approved if the city fails to approve or deny the application within 60 days after receipt. The city shall notify the approval or denial by electronic mail. If the permit application is denied, the notification must specify the basis for the denial, including the specific code provisions on which the denial was based.

(b)

Small wireless facilities relocation request .

(1)

Within 14 days after receipt of an application, the city may request the registrant via e-mail that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative utility pole or on a new utility pole to be installed within the right of way.

(2)

The city and registrant shall negotiate the alternative location, including any design and spacing requirements for ground-based equipment for 30 days after the date of the request. At the conclusion of the negotiation period, the registrant shall either accept the proposed modification which will thereafter be approved by the city or reject the proposed modification in which event the city shall process the original application for a decision to be made within 90 days of original submission.

(3)

The final decision regarding acceptance or rejection shall be made within 90 days of original submission and must be in writing provided by electronic mail. If an application is denied, the registrant may cure the deficiencies identified in the denial notice and re-submit its application within 30 days after notice of the denial is sent to the registrant.

(4)

The city's review of the re-submitted application shall be limited to the deficiencies cited in the denial. The city shall approve or deny the revised application within 30 days after receipt or the application is deemed approved.

(5)

A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.

(c)

Consolidated application for small wireless facilities . A registrant may file a consolidated application and receive a permit for the collocation of up to 30 small wireless facilities. The city may separately address collocations for which incomplete information has been received or which are denied.

(d)

Section 6409 collocation .

(1)

A collocation application entitled to expedited streamlined processing pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 and shall be deemed complete unless the city provides written notice to the registrant that the submission is incomplete (a "notice of incompleteness") within 30 calendar days of application submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall be in writing and shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency.

(2)

The city shall, within ten calendar days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the second resubmission.

(3)

A complete application shall be approved or denied in writing, and shall be postmarked to the applicant by the 60 ^th calendar day after the initial submission, excluding any tolling period.

(e)

Other expedited collocations .

(1)

Other collocation applications entitled to expedited streamlined process review pursuant to F.S. § 365.172(13) shall be deemed complete unless the city provides a written notice of incompleteness to the applicant within 30 calendar days of submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency.

(2)

The city shall, within ten days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the second resubmission.

(3)

Such complete application shall be reviewed by the city's plans and plats review committee (PPRC) within 45 business days of submission, (or within some other mutually agreed upon timeframe) after the date the application is deemed complete.

(f)

All other applications .

(1)

Within 20 business days of receipt of an application for a communications facility in the right-of-way, the city shall determine if the application form has been completed and if all required items have been submitted.

(2)

The city shall review and grant or deny each complete application within 90 business days from the date the application is determined to be complete. The timeline for a decision shall be tolled by a notice of incompleteness until resubmittal, and until the second resubmission.

(g)

If the city does not grant or deny a properly completed application for a wireless communications facility within the timeframes set forth in this section, the application shall be deemed automatically approved and the applicant may proceed with the next level of review or, if no additional levels of review, with submittal for a building permit.

(h)

The timeframes in this section may be waived if a waiver is voluntarily agreed to by the applicant and the city. A one-time waiver may be required by the city, without the applicant's consent, in the case of a declared local, state, or federal emergency which directly affects the permitting activities of the city, for the length of that emergency.

(Ord. No. 4774-18, § 2, 10-22-2018)