(A) Application required. In accordance with federal and state law and town code, an operator must apply to the town to locate a new SWT and/or collocate any portion of a SWF on an existing wireless support structure or to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the town rights-of-way. Anyone seeking to perform any of these actions shall first duly file a written application with the town, in accordance with the requirements in this section and additional requirements set forth in any design guidelines as modified from time to time by the town.
(B) Consent and permit required. No person shall occupy or use the right-of-way without first obtaining, under this chapter, Chapter 156, or state law, any requisite consent of and permit from the town. Before placing SWF in the right-of-way, an operator must apply for and receive a general right-of-way permit. This provision shall not be construed to waive any application fees or any other construction or work permit necessary for work in the town. While notice to the town is required, a permit from the town shall not be required for routine maintenance of wireless facilities.
(C) Required application materials. Unless otherwise required by state or federal law, all applicants shall submit to the town all materials and information associated with each application as outlined below for the application to be considered complete:
(1) The applicant’s name, address, telephone number and e-mail address;
(2) Facility owner’s name, address, telephone number and email address, if different from applicant;
(3) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
(4) A general description of the proposed scope of work for the location or collocation of the SWF. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters, including but not limited to sub-surface utilities, likely to be affected or impacted by the work proposed;
(5) Identification of any consultant that is acting on behalf of the applicant and that is authorized to speak with the town, or a designee of the town, on the area of consultation for the applicant even if the applicant cannot be available;
(6) Verification from an appropriate representative of the applicant that the SWF shall comply with this subchapter, including without implication all applicable design guidelines;
(7) Verification of payment of the annual municipal consent or administrative fee for telecommunications companies to use public rights-of-ways pursuant to S.C. Code § 58-9-2230 and acknowledgment of its continuing annual obligation;
(8) Verification of municipal business license, if applicable;
(9) Evidence the applicant is duly authorized to do business in South Carolina;
(10) Evidence the applicant has received any necessary certificate of public convenience and necessity or other required authority from the South Carolina Public Service Commission or the Federal Communications Commission or evidence that it is not required;
(11) A copy of an approved South Carolina Department of Transportation encroachment permit and all documents required by SCDOT as part of the encroachment permit application, if the proposed location is within a SCDOT right-of-way; and
(12) If the proposed location is outside of a SCDOT right-of-way, the applicant must provide a statement that the applicant has a lease, attachment agreement or other authorization from the owner of the utility pole or structure proposed for collocation.
(Ord. 19001, passed 2-12-19)