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Surf City City Zoning Code

§ 30-17.9

Review of Co-Location of or Nonsubstantial Change to Wireless Communications Facilities Applications.

a. 
Time frame for review. The Land Use Board shall determine whether an application for co-location, removal, or replacement of equipment at an existing wireless communications tower or base station constitutes a substantial change within 60 days of receipt of the application. Applications that do not substantially change the wireless communications facility and otherwise comply with the requirements set forth in this section shall be approved within this time period. This sixty-day period may be extended by mutual agreement of the Land Use Board and the applicant.
b. 
Incomplete applications. The Land Use Board may toll the sixty-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The sixty-day time frame shall begin again upon receipt of the supplemental submission.
c. 
Subsequent incomplete applications. The Land Use Board may thereafter toll the sixty-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
d. 
Complete applications. The Land Use Board shall, within the sixty-day time frame, approve all complete applications for co-location, removal, or replacement of equipment at an existing wireless communications tower or base station that do not constitute a substantial change and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Land Use Board determines that an application constitutes a substantial change to an existing wireless communications tower or base station, or otherwise fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Land Use Board shall advise the applicant to initiate the site plan process required by this section.
e. 
Applications on improper towers. Notwithstanding the foregoing, the Land Use Board is not obligated to approve an application for co-location, removal, or replacement of equipment on a tower or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.
f. 
Failure to act. If the Land Use Board does not approve or deny an application for co-location, removal, or replacement of equipment at an existing wireless communications tower or base station within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Land Use Board in writing that the review period has expired. Upon the Land Use Board's receipt of this notice from the applicant, the application shall be deemed granted.