(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)