18A.95.160 Application and review.
A. Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
B. Type of Review. Upon receipt of an application for an eligible facility request pursuant to this article, the City shall review such application to determine whether the application so qualifies.
C. Time Frame for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval under this chapter, the City shall approve the application unless it determines that the application is not covered by this article.
D. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City and the applicant, or in cases where it is determined that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to jurisdiction’s notice of incompleteness.
3. Following a supplemental submission, the City will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection D. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the City determines that the applicant’s request is not covered by Section 6409(a) as delineated under this article, the federal presumptively reasonable time frame under 47 U.S.C. Section 332(c)(7) will begin to run from the issuance of the City’s decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
F. Failure to Act. In the event the City fails to approve or deny a request seeking approval under this chapter within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
G. Remedies. Applicants and the City may bring claims related to Section 6409(a) to any court of competent jurisdiction. [Ord. 726 § 2 (Exh. B), 2019.]