(A) Administrative review. The municipality shall perform an administrative review of applications including the location or installation of new, modified, or replacement poles and/or support structures and the collocation of small wireless facilities and equipment on poles or support structures. Review factors, in addition to location, shall include the size, shape, color, texture, and materials of the structures and attachments.
(1) The municipality may require that a proposed small wireless facility or new, modified, or replacement pole be designed to not be significantly more readily apparent or plainly visible (to a reasonable person of ordinary sensibilities) than existing facilities, structures, equipment, and poles located within 500 linear feet on the same ROW as the subject small wireless facility, pole, or support structure.
(2) Where small wireless facilities are determined to be appropriate, the use of reasonable stealth and concealment treatments, low-profile equipment and control boxes, and screening may be required to avoid significant negative impacts on the character and visual aesthetics of the area. However, such requirements may be waived by the municipality upon a showing that the particular location of a small wireless facility does not warrant stealth or concealment treatments or imposes an excessive expense. The waiver shall be granted or denied within 45 days after the date of the request.
(3) Supplemental review districts identified in division (C) of this section (and listed in Exhibit A attached to Ordinance 2021-018 and incorporated herein by reference) may be subject to a higher level of review).
(4) The municipality may maintain a design manual which sets forth additional aesthetic, design, concealment, and stealth requirements applicable to small wireless facilities. The design manual may also, but need not, set forth examples of small wireless facility deployments that the municipality deems to comply with this chapter and provide a means for pre-approval of designs that are suitable for a particular location, even if not strictly compliant with the design, placement, and aesthetic requirements of this chapter provided the design otherwise serves the goals of this chapter. (If the municipality initially adopts a design manual: the initial form of the design manual is attached to Ordinance 2021-018 as Exhibit B. The design manual may be amended from time to time by way of a duly enacted resolution.).
(B) Maximum size of permitted use.
(1) New small wireless facilities (including any related antenna) in the ROW may not extend more than ten feet above an existing pole in place as of the effective date of this chapter, or for small wireless facilities (including any related antenna) on a new pole, above the height permitted for a new pole pursuant to this section.
(2) Each new, modified, or replacement pole installed in the ROW may not exceed the greater of ten feet in height above the tallest existing pole in place as of the effective date of this chapter located within 500 feet of the new, modified, or replacement pole in the same ROW, or 50 feet above ground level, except in design districts and historic districts where the height limit is 40 feet above ground level.
(3) For applications to place poles in residential zoning districts to deploy small wireless facilities, the municipality may propose an alternate location in the ROW within 150 feet of the location set forth in the application, and the wireless provider shall use the municipality's proposed alternate location unless the location is not technically feasible or imposes significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of an engineer licensed in South Carolina, and it shall provide a written summary of the basis for such determination.
(4) Collocation is not allowed on a decorative pole less than 20 feet in height.
(5) New poles are not permitted in a corridor where there are existing poles that can be used, modified, or replaced to allow the proposed collocation, unless the applicant can demonstrate that (A) it is not technically feasible to use, modify, or replace such existing poles; or (B) such use, modification, or replacement would impose significant additional costs on the wireless provider, as certified by the wireless provider in good faith and based on the assessment of an engineer licensed in South Carolina along with a written summary of the basis for the certification; or (C) a new pole may be placed in a manner that will cause no more interference with the ROW and will have no more of an impact on the overall appearance of the corridor and on adjoining properties than would the use, modification, or replacement of an existing pole.
(C) Supplemental review districts.
(1) Collocated small wireless facilitates and new, modified, or replacement poles or support structures located in supplemental review districts shall be subject to the compliant provisions (as defined in the SWF Act) pertaining to design and aesthetic standards in the ordinance establishing the supplemental review district(s) in addition to the requirements of this chapter. In addition, the following rules shall apply within the supplemental review districts.
(a) Underground districts.
1. A wireless provider shall comply with reasonable and nondiscriminatory requirements that prohibit the installation of poles in the ROW in an underground district where: (A) no less than 60 days prior to the submission of the application, the municipality has required all such lines to be placed underground; (B) poles the municipality allows to remain are made available to wireless providers for the collocation of small wireless facilities and may be replaced by a wireless provider to accommodate the collocation of small wireless facilities in compliance with this chapter; and (C) a wireless provider is allowed to install a new pole when it is not able to provide wireless services by collocating on a remaining pole or support structure. Nothing in this section shall prohibit the use or replacement of existing poles or support structures in underground districts for the collocation of small wireless facilities subject to appropriate design and concealment measures and a finding that such use or replacement does not increase the height of the pole or support structure by more than three feet.
2. For any such application to install a new pole in an underground district, the municipality may propose an alternate location in the ROW within 150 feet of the location set forth in the application. The wireless provider shall use the municipality's proposed alternate location unless the location is not technically feasible or imposes significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of an engineer licensed in South Carolina, and it shall provide a written summary of the basis for such determination. For small wireless facilities installed before the municipality establishes an underground district, the municipality shall either permit wireless providers to maintain the small wireless facilities in place or permit the wireless provider to replace the associated pole within 50 feet of the prior location. In the latter case, the wireless provider shall allow other communications service providers with attachments on the existing pole to place those attachments on the replacement pole under the same or reasonably similar fees, rates, terms, and conditions as applied to those attachments on the existing pole.
(b) Historic and design districts. The municipality may require reasonable, technically feasible, nondiscriminatory, and technologically neutral design and aesthetic requirements, stealth requirements, height limitations of no less than 40 feet, and/or concealment measures in a design district or historic district. For applications to place poles in a design district or a historic district to deploy small wireless facilities, the municipality may propose an alternate location in the ROW within 150 feet of the location set forth in the application. The wireless provider shall use the municipality's proposed alternate location unless the location is not technically feasible or imposes significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of an engineer licensed in South Carolina, and it shall provide a written summary of the basis for such determination.
(2) This section may not be construed to limit a municipality's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws.
(D) Appeals, administrative adjustments, and variance requirements.
(1) The Zoning Administrator shall be given authority to make field based administrative adjustments considering the specific criteria in this section and location factors. Appeals of administrative decisions and requests for other variances from the provisions of this chapter, when strict application would result in an unnecessary hardship or in the inability to deploy needed small wireless facilities, shall be heard, and decided by the Board of Zoning Appeals. An applicant seeking an approval to construct a new decorative pole, pole, or support structure to collocate a small wireless facility in an underground district shall demonstrate, including certification through an engineer should staff find it necessary, that it has diligently attempted to locate the proposed decorative pole, pole, support structure, or small wireless facility outside of the underground district and that placement of the decorative pole, pole, support structure, or small wireless facility within the underground district is necessary to provide the needed wireless coverage or capacity, and one or more of the following conditions exist supporting an approval:
(a) No existing pole or support structure is located within the location search radius or to the extent a pole or support structure is located within the search radius, such pole or support structure:
1. Is not available for collocation under commercially reasonable rates, terms, and conditions;
2. Cannot accommodate the collocation of the small wireless facility and meet the technical requirements necessary to deliver adequate wireless service coverage or capacity; or
3. Would require modifications exceeding the three-feet height limitation imposed in division (C)(1)(a); or
(b) The only available option to deliver adequate wireless service coverage or capacity in the search radius requires modifications to an existing pole or support structure exceeding the three-feet height limitation imposed in division (C)(1)(a) or the installation of a new pole or support structure for collocation of a small wireless facility, or
(c) The applicant has demonstrated other circumstances that, in the reasonable discretion of the applicable review body, warrant a variance.
(2) The applicant shall abide by the design, stealth, and concealment treatments imposed as conditions of the approval.
(E) Existing supplemental review districts. (Supplemental review districts approved by the municipality as of the effective date of this chapter are listed in Exhibit A attached to Ordinance 2021-018.). Nothing in this chapter shall prohibit or otherwise limit the municipality from establishing additional supplemental review districts, provided however, that facilities and structures for which a permit was approved or deemed approved pursuant to this chapter prior to the establishment of the additional supplemental review district remain subject to the provisions of this chapter, including routine maintenance and replacement of those facilities and structures as set out herein. If a wireless provider voluntarily replaces such facilities in a manner that does not comply with § 152.03(E), or if a wireless provider voluntarily relocates such facilities, such replacement or relocation is subject to the then-existing provisions and requirements of the additional supplemental review district.
(F) Decorative poles. Subject to the municipality's ability to deny an application as set forth in this chapter, a wireless provider must be permitted to collocate on or replace decorative poles when necessary to deploy a small wireless facility.
(1) The municipality may require the collocation on a decorative pole or the replacement of a decorative pole to reasonably conform to the design aesthetics of the original decorative pole, provided these requirements are technically feasible.
(2) For applications to collocate small wireless facilities on decorative poles or to replace decorative poles to deploy small wireless facilities, the municipality may propose an alternate location in the ROW within 150 feet of the location set forth in the application. The wireless provider shall use the municipality's proposed alternate location unless the location is not technically feasible or imposes significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of an engineer licensed in South Carolina, and it shall provide a written summary of the basis for such determination.
(G) Repair of damage. A wireless provider shall repair all damage to the ROW directly caused by the activities of the wireless provider in the ROW and shall restore the ROW to its condition before the damage occurred. If within 30 calendar days after written notice the wireless provider fails to the extent practicable in the reasonable judgment of the municipality to restore the ROW to its condition prior to the damage in compliance with this division, the municipality may, at the sole discretion of the municipality, restore the ROW to such condition and charge the applicable party the reasonable, documented cost of the restoration, plus a penalty not to exceed $500 provided; however, that the wireless provider may request additional time to make such repairs, and the municipality shall not unreasonably deny such a request. The municipality may suspend the ability of the wireless provider to receive any new permits from the municipality until the wireless provider has paid the amount assessed for such restoration costs. The municipality shall not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute.
(Ord. 2021-018, passed 7-13-2021)