[HISTORY: Adopted by the Town Board of the
Town of Holland 8-10-2020 by Ord. No. 10-2020. Amendments noted
where applicable.]
The purpose of this chapter is to ensure that utilities operating
within the Town provide adequate services and availability to residents
and that such utilities have a fair and reasonable ability to implement
and offer their services.
A.
General provisions.
(1)
Purpose and policy. The purpose of this section is to encourage the
development of broadband access in the Town of Holland by reducing
administrative obstacles to broadband service providers and coordinating
the review of applications to ensure such applications are timely
processed. This section shall at all times be construed consistent
with the forestated purpose.
(2)
APPLICANT
BROADBAND NETWORK PROJECT
PERMIT
WRITTEN or IN WRITING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person applying for a permit for a broadband network project.
The construction or deployment of wireline or wireless communications
facilities to provide broadband communications services.
Any local permit, license, certificate, approval, registration,
or similar form of approval required by policy, administrative rule,
regulation, ordinance, or resolution with respect to a broadband network
project.
Information that is inscribed on a tangible medium or that
is stored in an electronic or other intangible medium and is retrievable
in perceivable form.
(3)
Point of contact. The Town of Holland shall appoint a single point
of contact for all matters related to a broadband network project.
The Town of Holland shall provide on its public website the contact
information, including the email address, for the point of contact
authorized to receive a broadband network project application.
B.
Electronic submission of applications. An applicant may sign and
file all forms, applications and documentation related to a broadband
network project electronically.
C.
Review of applications. Notwithstanding any other provision in the
Town of Holland's ordinances, resolutions, regulations, policies
or practices to the contrary, the following process shall apply exclusively
upon receiving a broadband network project application:
(1)
Completeness review. Upon receiving a broadband network project application,
the Town of Holland shall:
(a)
Determine whether a broadband network project application is
complete and notify the applicant of the determination by the Town
of Holland in writing within 10 calendar days of receiving an application.
If the Town of Holland does not notify the applicant in writing of
its completeness determination within 10 calendar days of receiving
the application, the application shall be considered complete.
(b)
If the Town of Holland determines that a broadband network project
application is not complete, the written notification to the applicant
shall specify in detail the required information that is not complete.
The applicant may resubmit an application as often as necessary until
the application is complete.
(2)
Approval or denial of complete broadband network project applications.
(a)
Within 60 calendar days of receiving a broadband network project application that is complete, or considered complete under Subsection C(1), the Town of Holland shall approve or deny the application and provide the applicant written notification of the approval or denial. If the Town of Holland does not notify the applicant of its approval or denial within 60 calendar days of receiving a complete application, the application shall be considered approved, and any required permit shall be considered issued.
(b)
If the Town of Holland denies a broadband network project application,
the written notification of the denial shall include evidence that
the denial is not arbitrary and capricious.
D.
Fees. A $100 fee shall be imposed by the Town of Holland to review
a broadband network project application, issue a permit, or perform
any other activity related to a broadband network project.
