§ 40-289. Administrative review and approval process.

(a)

Contents of application package.

(1)

For new sites. All administrative review application packages must contain the following:

a.

Administrative review application form signed by the applicant;

b.

Copy of lease or letter of authorization from the property owner evidencing the applicant's authority to pursue the application. Such submissions need not disclose financial lease terms;

c.

Site plans detailing proposed improvements which complies with the town's existing site plan requirements. Drawings must depict improvements related to the applicable requirements, including property boundaries, setbacks, topography, elevation sketch, and dimensions of improvements; and

d.

Documentation from a licensed professional engineer of calculation of the fall zone and certification that the wireless support structure has sufficient structural integrity to accommodate the required number of additional users as provided in this article.

(2)

For other sites/facilities. All administrative review application packages must contain the following:

a.

Administrative review application form signed by the applicant;

b.

For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.

c.

For substantial modifications, drawings depicting the improvements along with their dimensions.

(b)

Fees. The total fees for reviewing an administrative review application shall be in accordance with the annually adopted rates and fees schedule:

(1)

In the case of an application for collocation, a monopole or replacement pole, a concealed wireless facility, a nonexempt COW or a substantial modification, the lesser of the town's actual, direct costs (including third-party costs such as consultants fees) incurred for the review, or $500.00; and

(2)

In the case of an application for a new wireless support structure subject to administrative review and approval, the lesser of the town's actual, direct costs incurred for the review (including third-party costs such as consultants fees), or $1,500.00.

Applications for new wireless support structures with proposed wireless facilities shall be considered together as one application requiring only a single application fee. An applicant for administrative review shall submit an initial deposit of $500.00 toward the fees to be paid under this section.

(c)

Procedure and timing.

(1)

Applications for collocation, monopole or replacement pole, concealed wireless facility, non-exempt cow or substantial modification. Within 30 days of the receipt of an application for a collocation, a monopole or replacement pole, a concealed wireless facility, a nonexempt COW or a substantial modification, the Zoning Administrator will:

a.

Review the application for conformity with this article. An application under this subsection (c)(1) is deemed to be complete unless the Zoning Administrator notifies the applicant in writing, within ten calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take ten calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within ten calendar days, the application shall be reviewed and processed within 30 calendar days from the initial date the application was received. If the applicant requires a period of time beyond ten calendar days to cure the specific deficiencies, the 30 calendar days deadline for review shall be extended by the same period of time;

b.

Make a final decision to approve the collocation application or approve or disapprove other applications under this subsection (c)(1); and

c.

Advise the applicant in writing of its final decision. If the zoning authority denies an application, it must provide written justification of the denial, which must be based on substantial evidence of inconsistencies between the application and this article.

Failure to issue a written decision within 30 calendar days shall constitute an approval of the application.

(2)

Applications for new wireless support structures that are subject to administrative review and approval. Within 45 calendar days of the receipt of an application for a new wireless support structure that is subject to administrative review and approval under this article, the Zoning Administrator will:

a.

Review the application for conformity with this article. An application under this subsection (c)(2) is deemed to be complete unless the Zoning Administrator notifies the applicant in writing, within 15 calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take 15 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 15 calendar days, the application shall be reviewed and processed within 45 calendar days from the initial date the application was received. If the applicant requires a period of time beyond 15 calendar days to cure the specific deficiencies, the 45 calendar days deadline for review shall be extended by the same period of time;

b.

Make a final decision to approve or disapprove the application; and

c.

Advise the applicant in writing of its final decision. If the zoning authority denies an application, it must provide written justification of the denial, which must be based on substantial evidence of inconsistencies between the application and this article.

Failure to issue a written decision within 45 calendar days shall constitute an approval of the application.

(3)

Building permit. A Building Inspector shall issue a building permit following approval of the application under administrative review in accordance with the process and standards in this article.