13.16.050 Processing.
A. The department will process applications on a first-come, first-served basis. Except as otherwise approved in connection with a batching request, an applicant shall not submit applications for more than 15 proposed small cell facilities at any given time.
B. Presubmittal Conference. Prior to submitting an application for a small cell permit, applicants are encouraged (but not required) to schedule and attend a presubmittal conference with department staff to receive informal feedback on the proposed facility and application materials. The presubmittal conference is intended to identify potential concerns and streamline the formal application review process after submittal.
C. Completeness Review – Time Frame. The department shall notify the applicant within 10 business days of receiving the application whether the application is complete.
1. If the application is complete, the department shall process the application.
2. If the application is incomplete, the department shall provide the applicant with a written statement listing the additional information that is needed to make the application complete and the basis for requiring the submission of such information.
3. The department may issue additional notices that an application is incomplete if any supplemental submittal does not contain all of the information requested by the department in the original notice of incompleteness. The department shall issue any such additional notices within 10 business days of receipt of the supplemental submittal.
4. If the applicant does not supply a complete response within 120 days of the department’s initial request, the department may deem the application expired. If so, a new complete application may be resubmitted, with new fee(s).
D. Action on Permit – Time Frame. The department’s decision to grant, condition or deny the application shall be based on its determination of whether the proposed facility meets the requirements of this chapter. Unless another date is specified in writing between the city and the applicant, the department shall issue its final decision within the following time frames:
1. Within 30 days of receipt of a complete application, the department shall either (a) issue its final written decision or (b) notify the applicant in writing of the amount of additional time required to make the final decision, subject to the maximum review periods stated in subsection (D)(2) of this section.
2. In all cases, the department shall issue its final decision within the following maximum review periods:
a. For collocation applications, the department shall issue its final decision within 90 days of receipt of the original application, subject to tolling.
b. For applications other than collocation, the department shall issue its final decision within 150 days of receipt of the original application, subject to tolling.
c. Tolling. The maximum time periods stated in subsections (D)(2)(a) and (D)(2)(b) of this section shall commence on the date of submission of the original application, whether or not complete; provided, that the running of the maximum time period shall be tolled upon timely issuance by the department of a notice that the application is incomplete. The maximum review period shall restart on the date that the applicant has provided the department with all of the information required for a complete application.
d. SEPA. If the SEPA official requires an environmental impact statement, the maximum time period shall be tolled upon timely issuance of a notice requiring the EIS. The maximum review period shall restart on the date that the final EIS is complete.
E. SEPA. Proposals that are not categorically exempt from SEPA review shall comply with SEPA, as adopted under Chapter 16.20 BMC, prior to and as a condition of permit issuance. When required, SEPA review shall be conducted in accordance with the procedures set forth in BMC 21.10.110. SEPA review shall occur concurrently with the permit review process prescribed in this chapter.
F. Denial. If the permit application is denied, the reasons for the denial shall be stated in writing and supported by substantial evidence.
G. Suspension or Denial of Application for Lack of Compliance. The department may suspend review of or deny a complete application for a small cell permit if the department has issued to the applicant a notice of deficiency related to any existing permitted facilities and the applicant has not corrected the deficiency within the reasonable deadline required in the notice of deficiency as provided in this chapter. [Ord. 2018-09-014 § 1].