City of Dardenne Prairie, MO Small Wireless Facilities

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Chapter 540 Small Wireless Facilities

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Section 540.010 General Provisions.

Section 540.020 Definitions.

Section 540.030 General Standards.

Section 540.040 Small Wireless Facilities Permit.

Section 540.050 Small Wireless Facilities Permit— Application And Issuance.

Section 540.060 No Application Required, When.

Section 540.070 Construction Standards.

Section 540.080 Variance.

Section 540.010 General Provisions.

[Ord. No. 1942, 12-5-2018]

Purpose. The purpose of this Chapter is to regulate the collocation of small wireless facilities and the installation, modification or replacement of utility poles in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Dardenne Prairie.

Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures and regulations set forth in this Chapter shall be applicable to all small wireless facilities and utility poles existing or installed, modified, replaced or collocated after the effective date of this Chapter to the fullest extent permitted by law. No provision of this Chapter shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law and, furthermore, if any portion of this Chapter is now or in the future superseded or preempted by Federal or State law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.

Section 540.020 Definitions.

[Ord. No. 1942, 12-5-2018]

As used in this Chapter, the following terms shall have the meanings and usages indicated herein:

ANTENNA

Any antenna apparatus and associated communications equipment that transmits or receives electromagnetic radio-frequency signals used in the provision of wireless services.

ANTENNA APPARATUS

An apparatus designed for the purpose of emitting radio-frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services.

APPLICABLE CODES

Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes, including Chapters 500, 505, and 530 of the Municipal Code, as amended, enacted to prevent physical property damage or reasonably foreseeable injury to persons to the extent not inconsistent with Sections 67.5110 to 67.5121, RSMo.

APPLICANT

Any person who submits an application and is a wireless provider.

APPLICATION

A request submitted by an applicant to an City for a permit to collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole.

CITY POLE

A utility pole owned, managed or operated by or on behalf of the City, but such term shall not include municipal electric utility distribution poles or facilities.

CITY WIRELESS SUPPORT STRUCTURE

A wireless support structure owned, managed or operated by or on behalf of the City.

COLLOCATE or COLLOCATION

To install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole.

COMMUNICATIONS EQUIPMENT

Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna apparatus, located at the same fixed location as the antenna apparatus, and, when collocated on a utility pole or wireless support structure, is mounted or installed at the same time as such antenna apparatus.

DECORATIVE POLE

A City pole that is specially designed and placed for aesthetic purposes.

FEE

A one-time, non-recurring charge.

HISTORIC DISTRICT

A group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the City by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by a local ordinance or under State law as of January 1, 2018, or subsequently enacted for new developments.

MICRO WIRELESS FACILITY

A small wireless facility that meets the following qualifications:

Is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width and twelve (12) inches in height; and

Any exterior antenna no longer than eleven (11) inches.

PERMIT

A written authorization required by the City to perform an action or initiate, continue, or complete a project, and which is issued or approved by a City employee, officer, or body that is authorized to issue or approve such written authorizations.

RATE

A recurring charge.

RIGHT-OF-WAY

The area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a Federal Interstate Highway, railroad right-of-way, or private easement.

REPLACEMENT

This term includes:

The placement of a new or different small wireless facility at the location previously occupied by a preexisting small wireless facility, where such new or different small wireless facility is of equal or lesser proportions and of equal or lesser height than the preexisting small wireless facility such new or different small wireless facility is replacing, or such other height that would not constitute a substantial modification, as defined in Section 405.080, to an existing wireless support structure or base station, as those terms are defined in Section 405.080. This term includes the associated removal of the preexisting small wireless facility or utility pole associated with a small wireless facility.

The placement of a new or different utility pole associated with a small wireless facility at the location previously occupied by a preexisting utility pole, where such new or different utility pole is owned and operated by the same person(s) that owned and operated the preexisting utility pole, and where such new or different utility pole is of equal or lesser proportions and of equal or lesser height than the preexisting utility pole such new or different utility pole is replacing. This term includes the associated removal of the preexisting utility pole.

SMALL WIRELESS FACILITY

A wireless facility that meets each of the following qualifications:

Each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume and each antenna apparatus, exclusive of communications equipment, is no more than three (3) cubic feet in volume;

All other equipment, excluding the antenna apparatus, associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility;

The facility does not require antenna structure registration under 47 CFR Chapter I; and

The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Rule 1. 1307(b).

The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, and grounding equipment.

TECHNICALLY FEASIBLE

By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility.

UTILITY POLE

A pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities; provided, however, such term shall not include wireless support structures, electric transmission structures, or breakaway poles owned by the State Highways and Transportation Commission.

WIRELESS FACILITY

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include:

The structure or improvements on, under, or within which the equipment is collocated;

Coaxial or fiber-optic cable between wireless support structures or utility poles;

Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or

A wireline backhaul facility.

WIRELESS INFRASTRUCTURE PROVIDER

Any person, including a person authorized to provide telecommunications service in the State, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider.

WIRELESS PROVIDER

A wireless infrastructure provider or a wireless services provider.

WIRELESS SERVICES

Any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities.

WIRELESS SERVICES PROVIDER

A person who provides wireless services.

WIRELESS SUPPORT STRUCTURE

An existing structure, such as a monopole, tower, billboard or building capable of supporting wireless facilities, other than a structure designed solely for the collocation of small wireless facilities. This term includes any disguised support structure. This term does not encompass utility poles.

WIRELINE BACKHAUL FACILITY

A physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network.

Section 540.030 General Standards.

[Ord. No. 1942, 12-5-2018]

The provisions of this Section shall only apply to activities of a wireless provider within the right-of-way to deploy small wireless facilities and associated utility poles.

The City will not enter into an exclusive arrangement with a wireless provider or any other person for use or management of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of utility poles.

No wireless provider shall have the power of eminent domain with respect to small wireless facilities.

Nothing in this Chapter will limit the ability of the City to require an applicant to obtain one or more permits of general applicability in addition to the permit required by this Chapter in order to collocate a small wireless facility or install a new, modified, or replacement utility pole associated with a small wireless facility.

The City may require a permit under this Chapter, with reasonable conditions, for work in a right-of-way that will involve excavation, affect traffic patterns, obstruct traffic in the right-of-way, or materially impede the use of a sidewalk.

The City Engineer may specify and require a small wireless facility to comply with reasonable, objective, and cost-effective concealment or safety requirements.

The City Engineer may require reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures for small wireless facilities or utility poles placed in a historic district.

Wireless providers, upon adequate notice provided by the City, and at the facility owner's own expense, shall relocate facilities as may be needed in the interest of public safety and convenience.

Nothing in this Chapter shall be interpreted to impose any new requirements on cable providers for the provision of such service.

Nothing in this Chapter shall nullify, modify, amend, or prohibit a mutual agreement between the City and a wireless provider made prior to August 28, 2018.

In emergency circumstances that result from a natural disaster or accident, the City may, in its sole discretion, require the owner or operator of a wireless facility to immediately remove such facility if the wireless facility is obstructing traffic or causing a hazard on any City street. In the event that the owner or operator of the wireless facility is unable to immediately remove the wireless facility, the City may remove the wireless facility from the street or other position that renders the wireless facility hazardous. Under these emergency circumstances, the City shall not be liable for any damage caused by removing the wireless facility and may charge the owner or operator of the wireless facility the City's reasonable expenses incurred in removing the wireless facility.

Section 540.040 Small Wireless Facilities Permit.

[Ord. No. 1942, 12-5-2018]

Inside The Right-Of-Way. Any person desiring to construct or install small wireless facilities within the right-of-way must first apply for and obtain a permit from the City.

The collocation of small wireless facilities and the installation, maintenance, modification, operation, and replacement of utility poles along, across, upon, and under the right-of-way is a permitted use not subject to zoning review or approval.

The placement of new or modified utility poles in single-family residential areas or in areas zoned as historic as of August 28, 2018, remains subject to any applicable zoning requirements.

Outside The Right-Of-Way.

The collocation of small wireless facilities in property not zoned for single-family residential use is a permitted use and not subject to zoning review or approval.

The collocation of a small wireless facility upon or immediately adjacent to an existing wireless support structure or utility pole shall be a conditional use in property zoned for single-family residential use subject to the procedures set forth in Section 405.481 of this Code.

The City will allow collocation of small wireless facilities on City wireless support structures and City poles to the same extent, if any, that it allows access to such structures for other commercial projects or uses. Any such collocations shall be subject to reasonable and non-discriminatory rates, fees, and terms as provided in an agreement between the City and the wireless provider, and not otherwise governed by this Chapter.

Small Wireless Facilities And Utility Poles.

Small wireless facilities and utility poles shall be installed and maintained so as not to obstruct or hinder the usual travel or public safety on right-of-way or obstruct the legal use of the right-of-way by the City or other authorized right-of-way users.

Each new, replacement, or modified utility pole installed in the right-of-way shall not exceed the greater of: (i) ten (10) feet in height above the tallest existing utility pole in place as of January 1, 2109, located within five hundred (500) feet of the new utility pole in the same right-of-way, or (ii) fifty (50) feet above ground level.

New small wireless facilities in the right-of-way shall not extend more than ten feet above an existing utility pole in place as of August 28, 2018.

Small wireless facilities on a new utility pole shall not extend above the height permitted for a new utility pole in Subsection (C)(2) above.

A new, modified, or replacement utility pole that exceeds these height limits shall be subject to any applicable zoning requirements that apply to other utility poles.

A wireless provider shall be permitted to replace decorative poles when necessary to collocate a small wireless facility, but any replacement pole shall reasonably conform to the design aesthetics of the decorative pole or poles being replaced.

The City may require replacement of a City pole, prior to allowing collocation thereon, on a non-discriminatory basis, based on reasons of safety and reliability, including a demonstration that the collocation would make the City pole structurally unsound.

Section 540.050 Small Wireless Facilities Permit— Application And Issuance.

[Ord. No. 1942, 12-5-2018]

Application Content. Applications for small wireless facilities permits shall be filed in the office of the City Engineer. The application shall be accompanied by the fee set forth in Subsection (B) of this Section, payable to the City to cover the costs of administrative expenses associated with the review of the application. No part of such fee shall be returnable to the applicant. Applications shall be submitted on forms prepared by the City Engineer, and shall contain the following information:

An applicant that is not a wireless services provider shall provide evidence of agreements or plans demonstrating that the small wireless facilities will be operational for use by a wireless service provider within one (1) year after the permit issuance date, unless the City and the applicant agree to extend this period or if delay is caused by lack of commercial power or communications transport facilities to the site and the applicant notifies the City thereof. An applicant that is a wireless service provider shall provide this information by attestation;

Construction and engineering drawings;

An attestation that the small wireless facility complies with the volumetric limitations in the definition of small wireless facility;

Applicable indemnity, insurance or performance bond information required by law or City ordinance;

The projected commencement and termination dates or, if such dates are unknown at the time the permit is issued, a provision requiring the permit holder to provide the City Engineer with reasonable advance notice of such dates once they are determined;

Plans and detailed cost estimates for any make-ready work as needed. The applicant shall be solely responsible for the cost of any make ready work;

A description of the small wireless facility for which a permit is being sought and a description of the modification or collocation proposed;

Proof of liability insurance coverage against any damage or personal injury caused by the negligence of the applicant or its employees, agents or contractors. Such insurance coverage must be with companies licensed to do business in the State of Missouri and rated no less than "AA" by Best or equivalent and must be maintained in force for the duration of the period during which the applicant holds the permit and for the all applicable statute of limitations periods. Certificates evidencing such insurance shall be furnished to the City prior to the issuance of the permit and must state, "The City of Dardenne Prairie is an additional insured," on a primary and non-contributory basis. The certificate holder shall be listed as "City of Dardenne Prairie, Attention City Clerk, 2032 Hanley Road, Dardenne Prairie, MO 63368" and the certificate shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. In the alterative of such insurance coverage, an applicant must demonstrate that it has in effect a comparable self-insurance program; and

Any other information necessary to show compliance with the requirements of this Chapter.

Application Fee.

The total fee for an application for the collocation of a small wireless facility on an existing City pole is one hundred dollars ($100.00) per small wireless facility.

An applicant filing a consolidated application shall pay one hundred dollars ($100.00) per small wireless facility included in the consolidated application.

The total fee for an application for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility is five hundred dollars ($500.00) per utility pole.

The rate for collocation of a small wireless facility to a City pole is one hundred fifty dollars ($150.00) per City pole per year.

The total fee for a right-of-way permit associated with the installation of small cell wireless facilities in the right-of-way shall be the determined under Section 530.020.

Consolidated Applications.

Any applicant seeking to collocate small wireless facilities within the City may file a consolidated application and receive a single permit for the collocation of multiple small wireless facilities.

A consolidated application may include up to twenty (20) separate small wireless facilities, provided that they are for the same or materially same design of small wireless facility being collocated on the same or materially the same type of utility pole or wireless support structure and geographically proximate.

The City may approve the application as to certain individual small wireless facilities while denying it as to others.

Application Procedures— Collocation Of A Small Wireless Facility.

Within forty-five (45) calendar days of receiving an application for a small wireless facilities permit, or within such additional time as may be agreed to by the applicant and the City, the City Engineer shall review the application for completion and for its conformity with all the applicable standards set forth in this Chapter.

For purposes of this Section, an application is deemed to be complete unless the City Engineer notifies the applicant, in writing, within fifteen (15) calendar days of submission of the application, of the specific deficiencies of the application which, if cured, would make the application complete. This notice must specify the Code provision, ordinance, application instruction, or other publically-stated procedure that requires the information to be submitted. All deadlines for action in this Section shall be tolled from the time the City Engineer sends such notice to the applicant to the time the applicant provides the missing information.

After the applicant makes a supplemental submission in response to this notice, the City Engineer must notify the applicant within ten (10) calendar days if the supplemental submission did not provide the information identified in the original notice delineating missing information. Missing documents or information not delineated in the original notice of incompleteness may not be delineated in this subsequent notice. All deadlines for action in this Section shall be tolled from the time the City Engineer sends such notice to the applicant to the time the applicant provides the missing information.

An application for a small wireless facility permit shall be deemed approved if the City Engineer does not act upon the application within forty-five (45) calendar days of receiving the application, or within such additional time as may be mutually agreed to by the applicant and the City.

Applications for building permits, electrical permits, road closure permits and/or architectural or engineering permits shall be considered and decisions rendered in accordance with the time frames set forth in this Section.

If the City receives individual applications for approval of more than fifty (50) small wireless facilities or consolidated applications for approval of more than seventy-five (75) small wireless facilities within a fourteen (14) day period, whether from a single applicant or multiple applicants, the City may, upon its own request to each and any affected applicant, obtain an automatic thirty (30) day extension for any additional collocation or replacement or installation application submitted during that fourteen (14) day period or in the fourteen (14) day period immediately following the prior fourteen (14) day period.

The City shall document the complete basis for a denial, in writing, and send the documentation to the applicant on or before the day the City denies an application. The applicant may cure the deficiencies identified by the City and resubmit the application within thirty (30) days of the denial without paying an additional application fee. The City shall approve or deny the revised application within thirty (30) days and any subsequent review shall be limited to the deficiencies cited in the denial.

A party aggrieved by the final action of the City Engineer, either by the City Engineer affirmatively denying an application under the provisions of this Section or by the City Engineer's inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.

Application Procedures Installation Of A New, Modified, Or Replacement Utility Pole.

Within sixty (60) calendar days of receiving an application for a permit for a new, modified, or replacement utility pole, or within such additional time as may be agreed to by the applicant and the City, the City Engineer shall review the application for completion and for its conformity with all the applicable standards set forth in this Chapter.

An application for a small wireless facility permit shall be deemed approved if the City Engineer does not act upon the application within sixty (60) calendar days of receiving the application, or within such additional time as may be mutually agreed to by the applicant and the City.

A party aggrieved by the final action of the City Engineer, either by the City Engineer affirmatively denying an application under the provisions of this section or by the City Engineer's inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.

The City may deny: (i) a proposed collocation of a small wireless facility, or (ii) the installation, modification, or replacement of a utility pole, only if the action proposed in the application could reasonably be expected to:

Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;

Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;

Materially interfere with compliance with the Americans with Disabilities Act, 42 U.S.C. Sections 12101 to 12213, or similar Federal or State standards regarding pedestrian access or movement;

Materially obstruct or hinder the usual travel or public safety on the right-of-way;

Materially obstruct the legal use of the right-of-way by an City, utility, or other third party;

Fail to comply with reasonable and non-discriminatory spacing requirements of general application adopted by ordinance or regulations promulgated by the State Highways and Transportation Commission that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location and shall include a waiver, zoning. or other process that addresses wireless provider requests for exception or variance and does not prohibit granting of such exceptions or variances;

Fail to comply with applicable codes, including nationally recognized engineering standards for utility poles or wireless support structures; or

Fail to comply with the reasonably objective and documented aesthetics of a decorative pole and the applicant does not agree to pay to match the applicable decorative elements.

Indemnification. A wireless provider issued any permit under this Chapter shall indemnify and hold the City, its officers and employees harmless against any damage or personal injury caused by the negligence of the wireless provider or its employees, agents or contractors.

Performance Bond.

A wireless provider issued any permit for collocation under this Chapter must first post a performance bond of one thousand five hundred dollars ($1,500.00) per small wireless facility, except that for wireless providers with multiple small wireless facilities within the jurisdiction of the City, the total bond amount across all facilities shall not exceed seventy-five thousand dollars ($75,000.00), which amount may be combined into one (1) bond instrument. The purpose of such bonds shall be to:

Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that the City determines need to be removed to protect public health, safety or welfare;

Restore the right-of-way in connection with any such removal; and

Recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the City of any non-compliance listed above and been given an opportunity to cure.

Recovery by the City of any amounts under the performance bond or otherwise does not limit the wireless provider's duty to indemnify the City in any way, nor shall such recovery relieve the wireless provider of its obligations under a permit issued under this Chapter or reduce the amounts owed to the City other than by the amount recovered by the City under the performance bond, or in any respect prevent the City from exercising any other right or remedy it may have.

Section 540.060 No Application Required, When.

[Ord. No. 1942, 12-5-2018]

No application shall be required for the following:

Routine maintenance on a previously permitted small wireless facility;

The replacement of a small wireless facility with a small wireless facility that is the same or smaller in size, weight and height; or

The installation, placement, maintenance, operation or replacement of a micro wireless facility that is strung on cables between utility poles, in compliance with applicable codes.

Notwithstanding Subsection (A) of this Section, the City may require a description of any new equipment installed so that the City may maintain an accurate inventory of the small wireless facilities at a particular location.

Section 540.070 Construction Standards.

[Ord. No. 1942, 12-5-2018]

The construction, operation, maintenance, and repair of small wireless facilities shall be in accordance with applicable codes.

All small wireless facilities shall be installed and located with due regard for minimizing interference with the public and with other users of a right-of-way, including the City.

An applicant shall not place small wireless facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the residents and businesses in the City of their use of any rights-of-way.

Any and all rights-of-way disturbed or damaged during the small wireless facilities work shall be promptly repaired or replaced by the applicant to its previous condition.

Any wireless infrastructure provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.

Each wireless infrastructure provider, contractor or subcontractor shall have the same obligations with respect to its work as wireless services provider would have hereunder and applicable laws if the work were performed by the wireless services provider. The wireless services provider shall be responsible for ensuring that the work of wireless infrastructure providers, contractors or subcontractors is performed consistent with their permits and applicable law, shall be fully responsible for all acts or omissions of any wireless infrastructure provider, contractor or subcontractor, and shall be responsible for promptly correcting any acts or omissions by a wireless infrastructure provider, contractor or subcontractor.

Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other City-owned underground or above ground structure it is deemed necessary by the City to move, alter, change, adapt, or conform the underground or above ground facilities of a wireless provider, the wireless provider shall make the alterations or changes, on alternative right-of-way provided by the City, if available, as soon as practicable after being so ordered, in writing, by the City without claim for reimbursement or damages against the City.

Section 540.080 Variance.

[Ord. No. 1942, 12-5-2018]

A Request For A Variance. When an applicant requests some variation from the requirements of this Chapter, and where strict application of this Chapter would involve undue hardship, the applicant may request a variance pursuant to this Section. Except as otherwise provided in this Section 540.090, the variance procedures set forth in Section 405.940 shall apply to variances under this Section 540.090.

Procedure.

The Board of Adjustment shall review the application in light of its conformity with this Section. The Board of Adjustment shall determine whether or not the standards described in this Section have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant.

For purposes of this Subsection, an application is deemed to be complete unless the City Clerk notifies the applicant, in writing, within fifteen (15) calendar days of submission of the application, of the specific deficiencies of the application which, if cured, would make the application complete. This notice must specify the Code provision, ordinance, application instruction, or other publicly-stated procedure that requires the information to be submitted. All deadlines for action in this Section shall be tolled from the time the City Clerk sends such notice to the applicant to the time the applicant provides the missing information.

After the applicant makes a supplemental submission in response to this notice, the City Clerk must notify the applicant within ten (10) calendar days if the supplemental submission did not provide the information identified in the original notice delineating missing information. Missing documents or information not delineated in the original notice of incompleteness may not be delineated in this subsequent notice. All deadlines for action in this Section shall be tolled from the time the City Clerk sends such notice to the applicant to the time the applicant provides the missing information.

An application for a variance with respect to the collocation of a small wireless facility shall be deemed approved if the Board of Adjustment does not act upon the application within forty-five (45) calendar days of receiving the application, or within such additional time as may be mutually agreed to by the applicant and the City.

An application for a variance with respect to the installation of a new, modified or replacement utility pole associated with a small wireless facility shall be deemed approved if the Board of Adjustment does not act upon the application within sixty (60) calendar days of receiving the application, or within such additional time as may be mutually agreed to by the applicant and the City.