CHAPTER 156: SMALL WIRELESS FACILITIES
Section
   156.01   Definitions
   156.02   Purpose and scope
   156.03   Permitted use; application process and fees   
   156.04   Action on permit application
   156.05   Requirements for small wireless facilities in covered areas
   156.06   Effect of permit
   156.07   Removal, relocation or modification of a small wireless facility in the ROW
   156.08   Attachment to town-owned utility poles in the covered areas
§ 156.01 DEFINITIONS.
   The following terms shall apply to this chapter as written unless context indicates or requires a different meaning:
   ANTENNA. Communication equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
   APPLICABLE CODES. Uniform building, energy, electrical, plumbing, mechanical, gas, and fire codes in S.C. Title 6, Chapter 9, local amendments to those codes authorized by state law, and local codes or ordinances which impose requirements defined in § 156.05 of this chapter including objective design and concealment standards to regulate location, context, material, color, stealth and concealment standards on a uniform and nondiscriminatory basis.
   APPLICANT. Any person who submits an application to a town and is a wireless services provider or a wireless infrastructure provider.
   APPLICATION. A request submitted by an applicant for a permit to:
      (1)   Collocate small wireless facilities; or
      (2)   Construct, install, maintain, operate, replace or modify a utility pole or wireless support structure.
   CABLE, COMMUNICATIONS, FIBER OR ELECTRIC EASEMENT. An easement, granted to a cable or video service provider, a communications service provider (including without limitation a telephone utility), a fiber optics cable services provider, or an electric services provider created or authorized by state law to provide such services, that runs parallel to and abuts or within a rights-of-way and is occupied by existing utility poles or wireless support structures carrying electric distribution lines, wires, cable, conduit, fiber optic cable for telecommunications, cable or electric service or supporting municipal street lights, or security lights. The term cable, communications, fiber or electric easement excludes easements for service drops or lines connecting the customer's premises to the cable, communications, fiber or electrical provider.
   COLLOCATE. To install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to an existing wireless support structure or utility pole located in covered areas within the jurisdiction of the town. COLLOCATION. Has a corresponding meaning.
   COVERED AREAS. The surface of, and the space above and below, any public RIGHTS-OF-WAY, ROW, TOWN RIGHTS-OF-WAY, PUBLIC RIGHTS-OF-WAY, and/or CABLE, COMMUNICATIONS, FIBER OR ELECTRIC EASEMENT as those terms are defined herein.
   DAY. Calendar day unless the last day for the town or an applicant to take action under this chapter ends on a weekend, holiday, or time when all but town emergency services are closed due to weather or some unforeseen situation.
   DECORATIVE POLE. A utility pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or a temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal practices.
   DESIGN DISTRICT. An area that is zoned, or otherwise designated by municipal ordinance, and for which the town maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
   FEE. A one-time charge.
   HISTORIC DISTRICT. An area that is zoned or otherwise designated as a Historic District under municipal, state or Federal law and for which the town maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
   MICRO WIRELESS FACILITY. A small wireless facility that meets the following qualifications:
      (1)   Is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; and
      (2)   Any exterior antenna is no longer than 11 inches.
   PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the town.
   RATE. A recurring charge.
   RIGHTS-OF-WAY or ROW or TOWN RIGHTS-OF-WAY or PUBLIC RIGHTS-OF-WAY. That area on, below, or above a public roadway, highway, street, sidewalk, alley dedicated to, managed or controlled by the town, county or the State of South Carolina, but not including a Federal interstate highway, in the town.
   SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
      (1)   Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of not more than six cubic feet; and
      (2)   All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
   TOWN-OWNED POLE.
      (1)   A utility pole owned or operated by the town in covered areas, including a utility pole that provides lighting or traffic control functions, or other law enforcement functions, including light poles, traffic signals, and structures for signage; and
      (2)   A pole or similar structure owned or operated by the town in a covered area that supports only wireless facilities. The term does not include a utility pole owned or operated by and accounted for as an asset of a municipal electric utility.
   TRANSMISSION POLE. A pole or similar structure that is used in whole or in part to carry electric transmission (as opposed to distribution) lines.
   UNDERGROUND DISTRICT. An area that is designated by ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing above ground structures in a covered area and for which the town maintains and enforces standards on a uniform and nondiscriminatory basis.
   UTILITY POLE. A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control devices, traffic control or directional signage, or a similar function regardless of ownership, including town-owned poles. Such term shall not include structures supporting only wireless facilities, nor shall it include wireless support structures.
   WIRELESS FACILITY. 
      (1)   Equipment at a fixed location that enables wireless services between user equipment and a communications network, including:
         (a)   Equipment associated with wireless communications;
         (b)   Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
      (2)   The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial or fiber optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.
   WIRELESS INFRASTRUCTURE PROVIDER. Any person including a person authorized to provide telecommunications service in the state, that builds, installs or maintains utility poles, wireless communication transmission equipment, wireless facilities or wireless support structures.
   WIRELESS SERVICES. Any services provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, delivered to the public using wireless facilities.
   WIRELESS SERVICES PROVIDER. A person who provides wireless services.
   WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole or, other existing or proposed structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.
(Ord. 18-22, passed 11-5-18)
§ 156.02 PURPOSE AND SCOPE.
   (A)   The purpose of this chapter is to provide policies and procedures for the placement of small wireless facilities in covered areas within the jurisdiction of the town.
   (B)   It is the intent of this chapter to establish uniform standards including, but not limited to:
      (1)   Prevention of interference with the use of streets, sidewalks, alleys, parkways, traffic light poles or other light poles, and other public ways and places;
      (2)   Prevention of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
      (3)   Prevention of interference with other facilities and operations of facilities lawfully located in covered areas or public property;
      (4)   Preservation of the character of neighborhoods where facilities are installed;
      (5)   Preservation of the character of historic structures, or historic neighborhoods, including but not limited to such structures or neighborhoods listed on the National Register of Historic Places or locally designated historic districts; and
      (6)   Facilitation of the rapid deployment of small wireless facilities to provide the citizens with the benefits of advanced wireless services.
(Ord. 18-22, passed 11-5-18)
§ 156.03 PERMITTED USE; APPLICATION PROCESS AND FEES.
   (A)   Permitted use and consent collocation of a small wireless facility on an existing utility pole or wireless support structure, or a new or modified utility pole or wireless support structure installed in a covered area shall be a permitted use, except in supplemental review districts where such facilities are a conditional use, subject to administrative review, conditions and other requirements in § 156.05. In accord with Article VIII, Section 15 of the State Constitution and related municipal code and ordinance provisions, the town consents to the use of public rights-of-way by permit holders acting in compliance with this chapter.
   (B)   Permit required. No person shall place a small wireless facility in a covered area without first filing a small wireless facility application and obtaining a permit, except as otherwise provided in this chapter.
   (C)   Permit applications. All small wireless facility applications filed pursuant to this chapter shall be on a form, paper or electronic, as required by the town. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each page of such materials accordingly, and the town shall endeavor to protect materials so designated from public disclosure to the fullest extent permitted by state law.
   (D)   Application requirements. The small wireless facility permit application shall be made by the applicant, or its duly authorized representative as noted in a notarized statement from a person with the applicant with authority to make such an authorization, and shall contain the following:
      (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)   Intended facility use: owner operated or owner leased capacity;
      (4)   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;
      (5)   A general description of the proposed scope of work for the collocation of the small wireless facility. 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;
      (6)   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;
      (7)   Verification from an appropriate representative of the applicant that the small wireless facility shall comply with all applicable codes;
      (8)   Verification of payment of the annual municipal consent or administrative fee for telecommunications companies to use public rights-of-ways pursuant to S.C. § 58-9-2230;
      (9)   Verification of local business license, if applicable;
      (10)   Evidence the applicant is duly authorized to do business in South Carolina;
      (11)   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;
      (12)   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
      (13)   If the proposed location is outside of a SCDOT right-of-way, 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.
   (E)   Routine maintenance and replacement. An application shall not be required for:
      (1)   Routine maintenance;
      (2)   The replacement of a small wireless facility with another small wireless facility that is substantially similar or smaller in size, weight, and height; or
      (3)   The installation, placement, maintenance, operation, or replacement of micro-wireless facilities that are strung on cables between existing utility poles and/or wireless support structures in compliance with the National Electrical Safety Code by a wireless services provider or a wireless infrastructure provider that is authorized to occupy the public rights-of-way and that is remitting a consent, franchise, or administrative fee pursuant to S.C. Code Ann. § 58-9-2230.
   (F)   Information updates. Any amendment to information contained in a permit application shall be submitted in writing to the town within ten business days after the change necessitating the amendment.
   (G)   Consolidated application. An applicant seeking to collocate multiple small wireless facilities may, at the applicant's discretion, file a consolidated application and receive a single permit for up to 20 small wireless facilities. Provided, however, the town's denial of any site or sites within a single application shall not affect other sites submitted in the same application. The town shall grant a permit for any and all sites in a single application that it does not deny subject to the requirements of this section.
   (H)   Application fees. Unless otherwise provided by law, and except as to telecommunication companies exempted pursuant to S.C. Code § 58-9-2230, all applications for permits pursuant to this chapter shall be accompanied by a fee of $100 for each small wireless facility. For clarity, any applicant that pays either a franchise, consent fee, or administrative fee pursuant to the requirements of S.C. Code § 58-9-2230 shall not be required to pay any building permit fee, zoning permit fee, encroachment fee, degradation fee, or any other fee assessed on a telecommunications provider for its occupation of or work within the ROW.
   (I)   Interference with public safety equipment. A small wireless facility shall be operated and maintained in a manner that does not interfere with public safety (police, traffic control, fire and emergency services) equipment.
(Ord. 18-22, passed 11-5-18)
§ 156.04 ACTION ON PERMIT APPLICATION.
   (A)   Review of small wireless facility applications. The town 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 town must determine and notify the applicant whether the application is complete; or if an application is incomplete, the town 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 town and resubmit the application within 30 days of the denial, and the town shall approve or deny the revised application within 30 days of receipt of it. The subsequent review by the town shall be limited to the deficiencies cited in the original denial.
   (B)   Review deadline. If the town 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 town 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 CFR1.40001, within 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 town.
(Ord. 18-22, passed 11-5-18)
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