Article XI: Review and Decision Timelines for Collocations and New Tower Applications

§ 367-44 Streamlined processing for collocation approvals.

A Class 2 collocation application entitled to streamlined processing under Article VIII, § 367-22A(6), shall be deemed complete unless the Village notifies the applicant within five days of submission (or within some other mutually agreed upon time frame) that the submission is incomplete. Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of deficiency, the timeline for a decision shall be tolled until the applicant resubmits to correct such deficiency. The Village shall, within five days of resubmission, 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 resubmission deficiency period until the second resubmission. Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by the 45th day after the initial submission, excluding any tolling period.

A collocation application entitled to streamlined processing other than under Article VIII, § 367-22A(6), shall be deemed complete unless the Village notifies the applicant within 10 days of submission (or within some other mutually agreed upon time frame) that the submission is incomplete. Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of deficiency, the timeline for a decision shall be tolled until the applicant resubmits to correct such deficiency. The Village shall, within 10 days of resubmission, 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 resubmission deficiency period until the second resubmission. Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by the 90th day after the initial submission, excluding any tolling period.

Upon resubmitting of the revised application the Village shall follow the process identified in this section, above, until all deficiencies identified are deemed cured.

If the Village does not respond in writing to the applicant for a collocation under Subsection A above within the specified time frame in Subsection A above, then the application shall be deemed approved. If the Village does not respond in writing to the applicant for a collocation under Subsection B above within the specified time frame in Subsection B above, the applicant has available the remedies established by federal regulations, unless the same is deemed to be a Class 1 collocation pursuant to § 66.0404, Wis. Stats., in which case the application will be deemed approved.

An application entitled to the streamlined review process shall not be subject to design or placement requirements or public hearing review. All applications shall be initially submitted to the Building Inspection Department for review and processing.

§ 367-45 New concealed and non-concealed MWSF towers.

New concealed and non-concealed MWSF towers not subject to § 66.0404, Wis. Stats., shall be reviewed and have a decision rendered within 150 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions as described in § 367-44.