Ohio § 4939.036

§ 4939.036.

(A) The time period required in section 4939.031 of the Revised Code may be tolled only: (1) By mutual agreement between the entity requesting consent and the municipal corporation; (2) In cases where the municipal corporation determines that the application is incomplete;

 or (3) If the number of requests for consent for small cell facilities or wireless support

structures received is likely to result in difficulty processing applications within

the time limits set forth in section 4939.031 of the Revised Code due to the lack of resources of the municipal corporation, then the municipal corporation

may toll the time limits as follows: (a) The time period may be tolled for up to twenty-one days for the first fifteen small

cell facility or wireless support structure requests received by a municipal corporation

above the thresholds provided in divisions (A)(3)(a)(i) to (v) of this section and

for the first thirty small cell facility or wireless support structure requests received

by a municipal corporation above the thresholds provided in division (A)(3)(a)(vi)

of this section, within any consecutive thirty-day period: (i) For a municipal corporation having a population of thirty thousand persons or less

when it receives applications for at least fifteen small cell facility or wireless

support structure requests; (ii) For a municipal corporation having a population of thirty thousand one to forty thousand

persons when it receives applications for at least twenty small cell facility or wireless

support structure requests; (iii) For a municipal corporation having a population of forty thousand one to fifty thousand

persons when it receives applications for at least twenty-five small cell facility

or wireless support structure requests; (iv) For a municipal corporation having a population of fifty thousand one to sixty thousand

persons when it receives applications for at least thirty small cell facility or wireless

support structure requests; (v) For a municipal corporation having a population of sixty thousand one to one hundred

thousand persons when it receives applications for at least sixty small cell facility

or wireless support structure requests; (vi) For a municipal corporation having a population of one hundred thousand one persons

or more when it receives applications for at least ninety small cell facility or wireless

support structure requests. (b) Further, for every additional fifteen requests that the municipal corporation receives

above the thresholds provided in divisions (A)(3)(a)(i) to (v) of this section, and

every additional thirty requests that the municipal corporation receives above the

threshold provided in division (A)(3)(a)(vi) of this section within any consecutive

thirty-day period, the municipal corporation may toll the time period for those requests

for up to fifteen days in addition to the time period provided in division (A)(3)(a)

of this section. (c) In no instance shall a municipal corporation toll the time period for any small cell

facility or wireless support structure request by more than ninety consecutive days.  Upon request, a municipal corporation shall provide an operator written notice of

the time limit for a small cell facility or wireless support structure request. (B) To toll the time period for incompleteness, the municipal corporation shall provide

written notice to the person requesting consent not later than thirty days after receiving

the request, clearly and specifically delineating all missing documents or information.  The missing documents or information shall be reasonably related to determining

whether the request meets the requirements of applicable federal and state law.  Any notice of incompleteness requiring other information or documentation, including

information of the type described in section 4939.0313 of the Revised Code or documentation intended to illustrate the need for the request or to justify the

business decision for the request, does not toll the time period. (C) The time period resumes when the entity makes a supplemental submission in response

to the municipal corporation's notice of incompleteness. (D) If a supplemental submission is inadequate, the municipal corporation shall notify

the entity not later than ten days after receiving the supplemental submission that

the supplemental submission did not provide the information identified in the original

notice delineating missing documents or information.  The time period may be tolled in the case of second or subsequent notices under

the procedures identified in divisions (A) to (C) 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.