(A) Review of small wireless facility applications. The city shall review the application for a small wireless facility permit for conformity with applicable requirements of this chapter, and shall issue a permit on nondiscriminatory terms and conditions subject to the following requirements:
(1) Within ten days of receiving an application, the city must determine and notify the applicant whether the application is complete; or if an application is incomplete, the city must specifically identify the missing information.
(2) Make its final decision to approve or deny the application within 60 days of submission of a completed application.
(3) Notify the applicant in writing of its final decision, and if the application is denied, specify the basis for a denial, including citations to federal, state or local code provisions and/or statutes on which the denial was based.
(4) Notwithstanding an initial denial, the applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of the denial, and the city shall approve or deny the revised application within 30 days of receipt of it. The subsequent review by the city shall be limited to the deficiencies cited in the original denial.
(B) Review deadline. If the city fails to act on an application within the 60 day review period (or within the 30 day review period for an amended application), the applicant may provide notice that the time period for acting has lapsed and the application is then deemed approved.
(C) Review of eligible facilities requests. Notwithstanding any other provisions of this chapter, the city shall approve and may not deny applications that constitute eligible facilities requests for modification of an eligible support structure that does not substantially change the physical dimensions of such structure as provided in 47 CFR 1.40001, within sixty 60 days according to the procedures established under 47 CFR 1.40001(c).
(D) Compensation. Subject to the limitations set forth in § 156.03(H) herein, every permit shall include as a condition the applicant's agreement to pay such lawful franchise fees, business license taxes, administrative fees and consent fees as are permitted under applicable South Carolina and federal law. The applicant shall also pay all applicable ad valorem taxes, service fees, sales taxes, or other taxes and fees as may now or hereafter be lawfully imposed on other businesses within the city.
(Ord. 2019-06, passed 4-8-19)