3.18.740 Application completeness review, processing timeline, and decision.
A. Shot Clock Period. The shot clock period for a siting application is the sum of:
1. The number of days of the presumptively reasonable period of time for the pertinent type of application, pursuant to subsection B of this section; plus
2. The number of days of the tolling period, if any, pursuant to subsection C of this section.
B. Presumptively Reasonable Periods of Time.
1. The following are the presumptively reasonable periods of time for action on applications seeking authorization for deployments in the categories set forth below:
a. Review of an application to collocate a small wireless facility using an existing structure: 60 days.
b. Review of an application to deploy a small wireless facility using a new structure: 90 days.
2. Batching.
a. If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either subsection (B)(1)(a) or (B)(1)(b) of this section, then the presumptively reasonable period of time for the application as a whole is equal to that for a single deployment within that category.
b. If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within subsection (B)(1)(a) of this section and deployments that fall within subsection (B)(1)(b) of this section, then the presumptively reasonable period of time for the application as a whole is 90 days.
c. The city may not refuse to accept applications under subsections (B)(2)(a) and (B)(2)(b) of this section.
C. Tolling Period. Unless a written agreement between the applicant and city provides otherwise, the tolling period for an application is set forth as follows:
1. For an initial application to deploy SWFs, if the city notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and clearly and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the city to render the application complete.
2. For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from:
a. The day after the date when the siting authority notifies the applicant in writing that the applicant’s supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the siting authority’s original request under subsection (C)(1) of this section; until
b. The date when the applicant submits all the documents and information identified by the siting authority to render the application complete,
c. But only if the notice pursuant to subsection (C)(2)(a) of this section is effectuated on or before the tenth day after the date when the applicant makes a supplemental submission in response to the siting authority’s request under subsection (C)(1) of this section.
D. Shot Clock Date. The shot clock date for a siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to subsection A of this section and including any preapplication period; provided, that if the date calculated in this manner is a “holiday” as defined in Section 1.4(e)(1) of the applicable CFR or a legal holiday within the relevant state or local jurisdiction, the shot clock date is the next business day after such date. The term “business day” means any day as defined in Section 1.4(e)(2) of the applicable CFR and any day that is not a legal holiday as defined by the state or local jurisdiction.
E. Decision and Mandatory and Automatic Permit Conditions of Approval. Any SWF permit issued by operation of law shall automatically be subject to the standards of this article as conditions of approval. The permit will automatically expire 10 years from the issuance date. (Ord. 5067 §1 (Exh. A (part)), 2019).