§ 34-304. Action on permit applications.

(a)

Review of applications. The City shall review applications for network nodes, node support poles and transport facilities in light of their conformity with applicable law, City Code and design manual and shall issue such permits on nondiscriminatory terms and conditions subject to the following requirements:

(1)

Within 30 days of receiving an application for a network node or node support pole, or ten days for a transport facility, the City shall determine and notify the applicant whether the application is complete; or if incomplete, the City must specifically identify the missing information in such notification. There shall be no fee charged for completion and resubmittal of an application.

(2)

The City shall make its final decision to approve or deny a complete application no later than (i) 21 days after receipt of a complete application for a transport facility; (ii) 60 days after receipt of a complete application for a network node; and (iii) 150 days after receipt of a completed application for a new node support pole.

(3)

The City shall advise the applicant in writing of its final decision, and, if denied, the basis for that denial, including specific provisions of City Code, design manual or applicable law on which the denial was based, and send the documentation to the applicant on or before the day the City denies the application. The applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee. The City shall approve or deny the revised application within 90 days of receipt of the amended application. The subsequent review by the City shall be limited to the deficiencies cited in the original denial.

(4)

If the City fails to act on an application within the review period specified in this section, the application shall be deemed approved.

(5)

An applicant seeking to collocate network nodes may, at the applicant's discretion, file a consolidated application and receive permits for up to 30 network nodes. Provided however, the City's denial of any node within a single application shall not affect other nodes submitted in the same application. The City shall grant permits for any and all nodes in a single application that it does not deny, subject to the requirements of this section.

(b)

Review of eligible facilities requests. Notwithstanding any other provision of this chapter, the City shall approve and may not deny applications for eligible facilities requests within 60 days according to the procedures established under 47 CFR 1.40001(c).

(c)

Exempted work from review. Notwithstanding any other provision of this article, a network provider is not required to submit an application, obtain a permit, or pay a rate for work described under Tex. Local Government Code § 284.157.

( Ord. No. O-2018-002 , § I, 3-26-2018)