(A)   Intent. Through reasonable regulatory standards and requirements, to facilitate the siting, and installation of small wireless facilities in York County in a manner that promotes wireless communications and ensures the protection of the health, safety, and general welfare of the citizens while mitigating adverse impacts to adjacent streetscapes and land uses.
   (B)   Purpose. This section is adopted for the following purposes:
      (1)   To promote public safety by preventing interference with the use of streets, sidewalks, traffic light poles, or other utility poles, and other public ways;
      (2)   To ensure that the design and appearance of the facilities are compatible with surrounding land uses;
      (3)   To ensure traffic safety by preventing visual and physical obstructions that are hazardous to vehicular and pedestrian traffic;
      (4)   To prevent interference with the operations of existing facilities located on public property;
      (5)   To preserve the integrity, dignity, and aesthetic quality of the natural, cultural, and scenic resources and developed environments and promote the quality of our citizens' lives;
      (6)   To promote the most efficient use of existing structures for collocating small wireless facilities, and to properly site new small wireless facilities; and
      (7)   To otherwise promote the public health, safety, and general welfare.
   (C)   Definitions. As used in this section:
      ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services; or similar equipment used for the transmission or reception of surface waves.
      COLLOCATE. To install, mount, maintain, modify, operate, or replace one or more small wireless facilities on, under, within, or adjacent to an existing wireless support structure or pole.
      DECORATIVE POLE. A pole that is specifically designed and placed for aesthetic purposes and may have attached informational or directional signage and/or pole banners.
      MICRO WIRELESS FACILITY. A small wireless facility that meets the following criteria: (i) is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; and (ii) any exterior antenna is no longer than 11 inches.
      POLE. A vertical pole such as a utility, lighting, traffic control, decorative, or similar pole made of wood, concrete, metal, or other material that is lawfully located, or to be located, within a right-of-way. Such term shall not include a wireless support structure or electric transmission structure.
      SMALL WIRELESS FACILITY. Radio transceivers; surface wave couplers; antennas; coaxial or fiber optic cable located on a pole or support structure, immediately adjacent to a pole or support structure, or directly associated with equipment located on a pole or support structure and within a 100-yard radius of the pole or support structure; regular and backup power supplies and rectifiers; and associated ancillary equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meets both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (ii) all other wireless equipment associated with the small wireless facility, whether ground or pole mounted, is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters, concealment elements, network interface devices, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. The term SMALL WIRELESS FACILITY does not include: the pole, support structure, or improvements on, under, or within which the equipment is located or collocated or to which the equipment is attached; wireline backhaul facilities; or coaxial or fiber optic cable that is between small wireless facilities, poles, or support structures or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
      STEALTH ELEMENTS.  The application of covers, decorative elements, foliage, design concepts, and faux elements for the purpose of minimizing the visual impact of a small wireless facility on a surrounding streetscape.
      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 small wireless facilities.
      WIRELESS SUPPORT STRUCTURE. A building, billboard, water tank, or other structure to which a small wireless facility is or may be attached. Such term shall not include a pole or electric transmission structure.
   (D)   Permitted use. Small wireless facilities, either installed on a new pole or collocated on an existing pole or wireless support structure, are permitted on both public and private property, including rights-of-way, and are subject to supplemental regulations.
   (E)   Encroachment permits. Prior to zoning permit approval, small wireless facilities proposed in a right-of-way must receive an encroachment permit from the respective entities that control the right-of-way.
   (F)   Siting of small wireless facilities.
      (1)   Guidelines. The applicant must consider the following when siting a small wireless facility. The Zoning Administrator shall apply these guidelines in determining the appropriateness of a proposed siting of a small wireless facility.
         (a)   The most efficient use of existing wireless support structures and poles for the collocation of new antennas and equipment.
         (b)   Whether small wireless facilities that are proposed within or abutting residential zones could operate as effectively if located instead within or abutting a non-residential zone in the vicinity of the proposed site.
         (c)   Potential adverse impacts on the safety, visibility, and convenience of the ordinary travel of vehicles, bicycles, and pedestrians along the public rights-of-way.
         (d)   Potential adverse impacts on significant historical or architectural sites in the county.
         (e)   Potential adverse impacts on the appearance or character of areas located within overlay districts and along state-designated scenic byways.
      (2)   Standards.
         (a)   The applicant must receive permission to install a small wireless facility on a privately-owned pole in the right-of-way, or a wireless support structure that is not located within the right-of-way.
         (b)   Small wireless facilities shall be collocated on existing wireless support structures or poles. Collocation on decorative poles that are less than 20 feet in height is prohibited.
         (c)   Installation of poles for small wireless facilities is permitted only if the Zoning Administrator determines that collocation on an existing wireless support structure or pole is infeasible. Such poles must be at least 500 feet from any other poles that have been installed for the purpose of siting a small wireless facility.
         (d)   Small wireless facilities shall not interfere with public safety (i.e. police, traffic control, fire and emergency services) equipment.
         (e)   Small wireless facilities and associated poles shall maintain either a minimum six foot wide pedestrian clear zone from back-of-curb to the inward edge of a small wireless facility or a minimum five foot wide pedestrian clear zone between the outward edge of a small wireless facility and the back-of-sidewalk.
         (f)   Small wireless facilities and associated poles shall be located at least ten feet from a driveway and must be placed outside of sight triangles.
         (g)   Small wireless facilities and associated poles shall be located at least 50 feet from a single-family structure, and at least ten feet from the edge of existing trees that are 12 inches or greater in diameter.
         (h)   Small wireless facilities and associated poles shall be located at least seven feet from an electrical conductor, unless the wireless services provider obtains written permission from the power supplier that owns or manages the electrical conductor.
         (i)   Ground-mounted antenna equipment shall not be located more than 7.5 feet in radial circumference from the base of the pole or support structure to which an antenna isattached, except when necessary to avoid interference with sight lines or clear zones, or to protect public safety.
   (G)   Design standards.
      (1)   Size.
         (a)   Residential districts. Small wireless facilities located within and abutting residential zoning districts must meet the dimensional requirements defined in § 155.505 (C)(6). Cabinets serving these facilities must be no larger than three feet in height above grade and 27 cubic feet in volume.
         (b)   Non-residential districts. Small wireless facilities located within and abutting nonresidential zoning districts must meet the dimensional requirements defined in § 155.505(C)(6). Cabinets serving these facilities must be no larger than four feet in height above grade and 81 cubic feet in volume.
      (2)   Minimum height. Small wireless facilities mounted to the exterior of a pole shall be a minimum of 12 feet above finished grade, excluding the electric meter and disconnect switch.
      (3)   Maximum height. Wireless support structures that support small wireless facilities must meet the following height limitations:
         (a)   Maximum height of 50 feet;
         (b)   No more than 10% taller than other adjacent structures; or
         (c)   No more than 10% above the pre-existing height of the wireless support structure prior to the installation of the small wireless facility.
      (4)   Diameter. The maximum diameter of a pole supporting a small wireless facility shall be 150% of the diameter of the predominant pole in the immediate vicinity, or 18 inches, whichever is less.
      (5)   Appearance. A small wireless facility shall have stealth elements integrated into its design in order to blend in with the shape, style, design, and color of the pole or wireless support structure to which it is attached.
      (6)   New and replacement poles shall be of a similar material, shape, style, design, and color as existing poles in the vicinity. Replacement decorative poles shall be substantially similar to and have identical light fixtures and attachments as the original decorative pole.
      (7)   Antennas shall be mounted to the top of the pole within a canister where technically feasible. Otherwise, antennas shall be mounted as close to the pole as possible and concealed to minimize visual impact.
      (8)   All radio and network interface equipment shall be concealed within the pole, on the pole, underground, or in a ground-mounted cabinet.
      (9)   New antennas and equipment collocated on existing poles shall be mounted behind a shroud. No more than two shrouds shall be installed on each pole.
      (10)   Cabling shall be neatly trained and concealed in conduit, duct, shrouded, or within the pole.
      (11)   Fiber or cable to the radio shall be over existing overhead routes or underground. Overhead wires are not permitted where existing electrical utilities are located underground.
      (12)   Electric meters shall either be a single pole mount unit or mounted within the pole. Electric meters and disconnect switches shall not be located on the side of the pole that faces the sidewalk.
      (13)   The grounding rod may not extend above the top of sidewalk and must be placed in a pull box. The ground wire between the pole and ground rod must be inside an underground conduit.
      (14)   All pull boxes must be vehicle load bearing and comply with all applicable SCDOT requirements. A concrete apron must be installed around all pull boxes not located in the sidewalk. No new pull boxes may be located in pedestrian ramps.
      (15)   Cabinets associated with small wireless facilities must be screened by vegetative or other compatible screening as required by the Zoning Administrator.
   (H)   Maintenance. A permit shall not be required for the following:
      (1)   Routine maintenance;
      (2)   The replacement of a small wireless facility with another that is substantially similar or smaller in size, weight, and height; or
      (3)   The removal of antennas or antenna equipment from an existing small wireless facility.
   (I)   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 return the ROW to its functional equivalence before the damage. If the wireless provider fails to repair damage to the ROW in compliance with this division within 30 calendar days after written notice, the county may repair such damage and charge the applicable party the reasonable, documented cost of such repairs; provided, however, that the wireless provider may request additional time to make such repairs, and the county shall not unreasonably deny such a request.
   (J)   Discontinuation of use. A wireless provider shall notify the authority at least 30 days before its abandonment of a small wireless facility. Following receipt of such notice, the county may direct the wireless provider to remove all or any portion of the small wireless facility if the county determines that such removal is in the best interest of the public safety and public welfare. If the wireless provider fails to remove the abandoned facility within 90 days after such notice, the county may undertake to do so and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
   (K)   Removal and relocation. The small wireless facility must be removed or relocated at the wireless services provider's expense at the request of the county or SCDOT for the purpose of road maintenance, construction, or other work within the right-of-way adjacent to the wireless facility.
(Ord. 3719, passed 9-3-19)