21.90.280 Eligible facilities requests –Procedure.
A. The city shall prepare and make publicly available an application form that is limited to the information necessary for the city to determine whether the eligible facilities request is for a modification to an existing tower or base station that does not substantially change the physical dimensions of the tower or base station. The application form shall not require the applicant to demonstrate a need or business case for the proposed modification. The city will review the application form concurrently with its review of the applicant’s building permit and/or other required application(s).
B. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the city shall approve the application unless it determines that the application is not covered by this section.
C. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the city and the applicant, or in cases where the city determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications.
1. To toll the time frame for incompleteness, the city must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the department’s notice of incompleteness.
3. Following a supplemental submission, the city shall notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection (E) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
D. In the event the city fails to approve or deny a request seeking approval under this section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. A deemed grant under this section does not apply to other applications for required permits.
E. Notwithstanding any other provision of LMC Title 21 or Chapter 1.35 LMC, no administrative appeal is provided for review of a decision to condition, deny, or approve an eligible facilities modification application. Any appeals must be brought pursuant to the Land Use Petition Act, Chapter 36.70C RCW. However, the city and the applicant retain all remedies provided under the Spectrum Act and its implementing rules.
F. This section shall be interpreted and applied with reference to 47 CFR 1.40001. (Ord. 3290 § 2, 2018)