(A) Authority granted: no property right or other interest created. A permit from the municipality authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create a property right or grant any authority whatsoever to the applicant to impinge upon the rights of others who may already have an interest in the ROW. The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this chapter neither constitutes an authorization nor affects any authorization a wireless provider may have to provide a communication service or to install, place, maintain, or operate any other communications facility, including a wireline backhaul facility, in a ROW.
(B) Duration. Installation or collocation for which a permit is granted pursuant to this chapter must be completed within one year of the permit issuance date unless the municipality and the applicant agree to extend this period, or a delay is caused by the lack of commercial power or by the lack of communications facilities to be provided to the site by an entity that is not an affiliate, as that term is defined in 47 U.S.C. Section 153(2), of the applicant. Approval of an application authorizes the applicant to: (1) undertake the installation or collocation; and (2) subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten years, which may be renewed for equivalent durations so long as the installation or collocation is in compliance with the criteria set forth in this chapter and the permit. Any conditions contained in a permit, including without limitation conditions designed to reduce the visibility of the small wireless facility and associated pole, or to make any portion of the same appear to be something other than a small wireless facility, shall apply for the entirety of the permit term and shall include a duty to maintain and replace components as necessary to ensure continued compliance.
(C) Occupancy and use fees.
(1) The municipality hereby determines that the following rates for occupancy and use are reasonable and nondiscriminatory. For each small wireless facility, the municipality hereby imposes the following rates:
(a) One hundred dollars per year for each small wireless facility collocated on any existing or replacement pole, including an existing or replacement municipality pole; and
(b) Two hundred dollars per year for each small wireless facility collocated on a new pole, other than a replacement pole, which $200 rate shall cover the new pole and the small wireless facility collocated on it.
(2) These rates shall apply to a wireless provider regardless of whether the wireless provider is subject to a business license tax that is or may be imposed upon it pursuant to S. C. Code § 58-9-2220 or a franchise, consent, or administrative fee that is or may be imposed upon it pursuant to S.C. Code § 58-9-2230. These rates shall apply to a communications service provider regardless of whether the communications service provider is subject to a franchise fee that is or may be imposed upon it pursuant to S.C. Code § 58-12-330.
(Ord. 2021-018, passed 7-13-2021)