Rhode Island § 39-32-4 - Rhode Island Small Cell Siting Act

§ 39-32-4. Action on permit applications.

(a) An authority shall approve an application for a permit under this chapter unless the collocation does not meet applicable building or electrical codes or, if applicable, standards for construction in the right-of-way, provided such codes and standards are of general applicability. The authority must document the basis for any denial, including the specific code provisions or standards on which the denial was based, and send the documentation to the applicant on or before the day the authority denies an application. The applicant may cure the deficiencies identified by the authority and resubmit the application within thirty (30) days of the denial without paying an additional processing fee. The authority shall approve or deny the revised application within thirty (30) days. Any subsequent denial shall be limited to the deficiencies cited in the original denial. Where one or more locations addressed in a consolidated application do not meet the criteria of this section, the authority shall allow the application as to all other locations.

(b) An application shall be deemed approved if the authority fails to approve or deny the application within sixty (60) days of submission. If the authority notifies the applicant within fourteen (14) days after the initial submission that the application is incomplete and reasonably identifies at that time the information that is lacking, the time period stated above shall be tolled during the time it takes the applicant to respond. No other request for additional information shall toll such time periods.

(c) A person whose application or revised application is denied by an authority may appeal to the superior court within thirty (30) days of the denial. The superior court shall have jurisdiction to determine all disputes arising under this chapter.