West Palm Beach |
Code of Ordinances |
Chapter 94. ZONING AND LAND DEVELOPMENT REGULATIONS |
Article X. SUPPLEMENTAL DISTRICT REGULATIONS |
Division 2. WIRELESS COMMUNICATIONS |
§ 94-331. Application review timeframes.
(a)
Section 6409 collocation. 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 section 94-325(b)(7) of this Code shall be approved or denied in writing, and shall be postmarked to the applicant by the 60th calendar day after the initial submission, excluding any tolling period. The timeline for a decision shall be tolled by a notice of incompleteness until resubmittal, and until the second resubmission.
(b)
Other collocations. Other collocation applications entitled to expedited streamlined process review pursuant to F.S. § 365.172(12) and section 94-325(b)(6) of this Code 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. The timeline for a decision shall be tolled by a notice of incompleteness until resubmittal, and until the second resubmission.
(c)
All other wireless communication facilities. 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.
(1)
For level IV permit applications only, the 90 business-day timeframe may be extended if the hearing on the class A special use permit before the city commission, following the review process and timeframe applicable to all class A special use approvals for all uses, cannot reasonably occur within the 90 business days. Under such circumstances, the city commission must either grant or deny the application at its next regularly scheduled meeting after the 90 business days have expired or the application shall be deemed automatically approved.
(d)
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.
(e)
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. 4549-15, § 2(94-341), 6-8-2015)