Antenna means communication equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes means uniform building, energy, electrical, plumbing, mechanical, gas, and fire codes in S.C. Code 1976, tit. 6, ch. 9, local amendments to those codes authorized by state law, and local codes or ordinances which impose requirements defined in section 5 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 means any person who submits an application to a city and is a wireless services provider or a wireless infrastructure provider.

Application means 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 means 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 right-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.

City-owned pole means:

(1)

A utility pole owned or operated by the city 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 city 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.

Collocate means 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 city. "Collocation" has a corresponding meaning.

Covered areas means the surface of, and the space above and below, any public rights-of-way, ROW, city rights-of-way, public rights-of-way, and/or cable, communications, fiber or electric easement as those terms are defined herein.

Day means calendar day unless the last day for the city or an applicant to take action under this chapter ends on a weekend, holiday, or time when all but city emergency services are closed due to weather or some unforeseen situation.

Decorative pole means 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 means an area that is zoned, or otherwise designated by municipal ordinance, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.

Fee means a one-time charge.

Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state or federal law and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.

Micro wireless facility means 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 means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the city.

Rate means a recurring charge.

Rights-of-way or ROW or city rights-of-way or public rights-of-way means that area on, below, or above a public roadway, highway, street, sidewalk, alley dedicated to, managed or controlled by the city, county or state, but not including a federal interstate highway, in the city.

Small wireless facility means 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.

Transmission pole means a pole or similar structure that is used in whole or in part to carry electric transmission (as opposed to distribution) lines.

Underground district means 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 city maintains and enforces standards on a uniform and nondiscriminatory basis.

Utility pole means 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 city-owned poles. Such term shall not include structures supporting only wireless facilities, nor shall it include wireless support structures.

Wireless facility means equipment at a fixed location that enables wireless services between user equipment and a communications network, including:

(1)

Equipment associated with wireless communications;

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. 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 means 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 means 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 means a person who provides wireless services.

Wireless support structure means 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. of 5-6-2019, § 1)

(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 city.

(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. of 5-6-2019, § 2)

(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 section 5. In accord with Article VIII, Section 15 of the State Constitution and related municipal code and ordinance provisions, the city 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 city. 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 city 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 city, or a designee of the city, 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. Code 1976, § 58-9-2230;

(9)

Verification of local business license, if applicable;

(10)

Evidence the applicant is duly authorized to do business in the state;

(11)

Evidence the applicant has received any necessary certificate of public convenience and necessity or other required authority from the state 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 1976, § 58-9-2230.

(f)

Information updates. Any amendment to information contained in a permit application shall be submitted in writing to the city 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 city's denial of any site or sites within a single application shall not affect other sites submitted in the same application. The city 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 1976, § 58-9-2230, all applications for permits pursuant to this chapter shall be accompanied by a fee of $100.00 for each small wireless facility, except that the fee for small wireless facilities addressed in a consolidated application shall be $100.00 each for the first five small wireless facilities and $50.00 for each additional small wireless facility up to a maximum of 20 small wireless facilities. For clarity, any applicant that pays either a franchise, consent fee, or administrative fee pursuant to the requirements of S.C. Code 1976, § 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. of 5-6-2019, § 3)

(a)

Review of small wireless facility applications. The city 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 city must determine and notify the applicant whether the application is complete; or if an application is incomplete, the city 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 city and resubmit the application within 30 days of the denial, and the city shall approve or deny the revised application within 30 days of receipt of it. The subsequent review by the city shall be limited to the deficiencies cited in the original denial.

(b)

Review deadline. If the city 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 city 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 CFR 1.40001, within 60 days according to the procedures established under 47 CFR 1.40001(c).

(d)

Compensation. Subject to the limitations set forth in subsection 3(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 state 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 city.

(Ord. of 5-6-2019, § 4)

(a)

Administrative review. The city shall perform an administrative review of permit applications including the location or installation of new, modified, or replacement utility poles and/or wireless support structures and the attachment of wireless facilities and equipment on utility poles or wireless support structures. Review factors, in addition to location, shall include the size, shape, color, texture, and materials of the structures and attachments.

(1)

The city may require a proposed wireless facility be designed to not be significantly more readily apparent or plainly visible (to a reasonable person of ordinary sensibilities) from covered areas than existing utility structures, poles and equipment located within 500 linear feet on the same covered area as the subject utility pole or wireless support structure.

(2)

Where small wireless facilities are determined to be appropriate, the use of reasonable stealth and concealment treatments, low profile equipment and control boxes, and screening may be required to avoid significant negative impacts on the character and visual aesthetics of the area. However, such requirements may be waived by the city upon a showing that the particular location of a small wireless facility does not warrant stealth or concealment treatments or imposes an excessive expense. The waiver shall be granted or denied within 45 days after the date of the request.

(3)

Supplemental review districts identified in subsection 5(c) and listed in this appendix may be subject to a higher level of review.

(b)

Maximum size of permitted use.

(1)

The height of an antenna of a collocated small wireless facility shall be limited to the greater of ten feet above:

a.

The height of an existing or modified utility pole or wireless support structure; or

b.

The height of a new utility pole or wireless support structure as provided in subsection (2) below.

(2)

The height of a new or modified utility pole, or wireless support structure is limited to the greater of:

a.

The tallest utility pole, excluding transmission poles, or wireless support structure located in the same covered area, measured from grade, in place within 500 linear feet on the same covered area as the subject utility pole or wireless support structure as of the effective date of the ordinance from which this chapter derived; or

b.

In the absence of any such utility pole or wireless support structure, either:

1.

40 feet in any area zoned exclusively for single family residential use, unless a waiver is granted for good cause shown; or

2.

50 feet in any other area.

(3)

Collocation is not allowed on a decorative pole less than 20 feet in height.

(c)

Supplemental review districts. Collocated small wireless facilitates and new or modified utility poles or wireless support structures located in supplemental review districts shall be a conditional use and subject to the design and aesthetic requirements and review processes for structures specified in this chapter establishing the supplemental review district(s) in addition to the requirement of this chapter, provided that the city will work in good faith with the applicant to accommodate the installation of collocated small wireless facilities and new or modified utility poles or wireless support structures in supplemental review districts to the fullest extent practicable. The city reserves its right to maintain and implement the following types of supplemental review districts:

(1)

Underground districts. A wireless services provider or a wireless infrastructure provider shall comply with nondiscriminatory requirements that prohibit electric utilities, telecommunications or cable providers from installing above-ground structures in the covered area in these districts. Nothing in this section shall prohibit the use or replacement of existing utility poles or wireless support structures in underground districts for the collocation of small wireless facilities subject to administrative review by the zoning administrator, appropriate design and concealment and a finding that such use does not increase the height by more than three feet.

(2)

Historic and design districts. As a condition for approval of new small wireless facilities or new wireless support structure in a historic district or a design district, the city may require that a wireless services provider or a wireless infrastructure provider comply with the design and aesthetic standards of the historic district or design district to minimize the impact to the aesthetics in a historic district or on a design district's decorative poles. If design and concealment treatments are determined on review by the city to be insufficient to mitigate harm to the historic district or design district, the application may be denied.

This section may not be construed to limit a municipality's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 332(c)(7), the requirements for facility modifications under 47 U.S.C. § 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. § 300101 et seq.), and the regulations adopted to implement those laws.

(d)

Appeals, special exceptions and variance requirements. Appeals of administrative decisions and requests for special exceptions and variances from the provisions of this chapter, when strict application would result in an unnecessary hardship or in the inability to deploy needed small wireless facilities, shall be heard and decided by the board of zoning appeals or equivalent board for architectural, design or historical district reviews. An applicant seeking a special exception to construct a new decorative pole, utility pole or other wireless support structure to collocate a small wireless facility in an underground district shall demonstrate, including certification through an engineer, that it has diligently attempted to locate the proposed decorative pole, utility pole, wireless support structure, or small wireless facility outside of the underground district and that placement of the decorative pole, utility pole, wireless support structure, or small wireless facility within the underground district is necessary to provide the needed wireless coverage or capacity, and one or more of the following conditions exist supporting a special exception:

(1)

No existing utility pole or wireless support structure is located within the location search radius or to the extent a utility pole or wireless support structure is located within the search radius, such utility pole or wireless support structure:

a.

Is not available for collocation under commercially reasonable rates, terms, and conditions;

b.

Cannot accommodate the collocation of the small wireless facility and meet the technical requirements necessary to deliver adequate wireless service coverage or capacity; or

c.

Would require modifications exceeding the three feet height limitation imposed in subsection 5(c)(1).

(2)

The only available option to deliver adequate wireless service coverage or capacity in the search radius requires modifications to an existing utility pole or wireless support structure exceeding the three-feet height limitation imposed in subsection 5(c)(i) or the installation of a new utility pole or wireless support structure for collocation of a small wireless facility; or

(3)

The applicant has demonstrated other circumstances that, in the reasonable discretion of the [board, etc.], warrant a special exception or variance.

The applicant shall abide by the design, stealth and concealment treatments imposed as conditions of the special exception.

(e)

Existing supplemental review districts. Supplemental review districts approved by the city as of the effective date of the ordinance from which this chapter derived are listed in this appendix. The code provisions authorizing the district, applicable design guidelines or manual, review authority and appeal jurisdiction are specified in this appendix. Nothing in this chapter shall prohibit or otherwise limit the city from establishing additional supplemental review districts, provided however, that facilities and structures for which a permit was approved or deemed approved pursuant to this chapter prior to the establishment of the additional supplemental review district remain subject to the provisions of this chapter, including routine maintenance and replacement of those facilities and structures as set out in subsection 3(e)(1) and (2) of this chapter, and not to any provisions otherwise applicable to the additional supplemental review district. If a wireless services provider or a wireless infrastructure provider voluntarily replaces such facilities in a manner that does not comply with subsection 3(e)(2) of this chapter, or if a wireless services provider or a wireless infrastructure provider voluntarily relocates such facilities, such replacement or relocation is subject to the then-existing provisions and requirements of the additional supplemental review district.

(f)

Repair of damage. A wireless services provider or a wireless infrastructure provider shall repair all damage to a city right-of-way directly caused by the activities of the wireless services provider or the wireless infrastructure provider, while occupying, installing, repairing, or maintaining wireless facilities, wireless support structures, city utility poles, or utility poles and to return the right-of-way to its functional equivalence before the damage. If the wireless services provider or the wireless infrastructure provider fails to make the repairs required by the city within 45 days after written notice, unless the city and the wireless services provider or the wireless infrastructure provider agree in writing to a longer time period, the city may undertake those repairs and charge the applicable party the reasonable and documented cost of the repairs. The city may maintain an action to recover the costs of the repairs.

(Ord. of 5-6-2019, § 5)

(a)

Authority granted; no property right or other interest created. A permit from the city 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 covered area.

(b)

Duration. Unless construction has actually begun and is diligently pursued to completion at that point, no permit for construction issued under this chapter shall be valid for a period longer than 12 months unless both city and applicant agree to a reasonable extension and all required fees are paid for the term regardless of construction. The inability of the applicant to obtain electrical power or backhaul transport services to serve the wireless facility such that it is operational within the 12 months due to the action or inaction of third-party utility providers shall not result in the invalidity of the permit.

(Ord. of 5-6-2019, § 6)

(a)

Notice. Within 90 days following written notice from the city, a wireless services provider or a wireless infrastructure provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any wireless facilities or wireless support structures within the rights-of-way whenever the city, in its reasonable discretion, has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way.

(b)

Emergency removal or relocation of facilities. The city retains the right to cut or move any wireless facility or wireless support structure located within its rights-of-way as the city, in its reasonable discretion, may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the wireless services provider or the wireless infrastructure provider and provide opportunity to move its own wireless facilities or wireless support structure prior to the city cutting or removing a wireless facility or wireless support structure and the city shall notify the wireless services provider or the wireless infrastructure provider after cutting or removing a wireless facility.

(c)

Abandonment of facilities. Upon abandonment of a wireless facility or wireless support structure within the city rights-of-way, the wireless services provider or the wireless infrastructure provider shall notify the city within 90 days of such abandonment. Following receipt of such notice the city may direct the wireless services provider or the wireless infrastructure provider to remove all or any portion of the wireless facility or wireless support structure if the city, in its sole discretion, determines that such removal will be in the best interests of the public health, safety, and welfare.

(d)

Abandonment by inaction. At any point when a wireless services provider or a wireless infrastructure provider fails to pay any required fee, or annual payment to the city, and fails to respond within 60 days to a written inquiry from the city as to whether the wireless services provider or the wireless infrastructure provider intends to continue to operate a wireless facility or wireless support structure, for whatever reason, the wireless facility shall be deemed abandoned and the city may, at its sole option, remove all or any portion of the wireless facility or wireless support structure, or take other action as authorized by law, including recovery of actual costs incurred in removing the wireless facility or wireless support structure.

(Ord. of 5-6-2019, § 7)

(a)

Annual rate. The rate to place a small wireless facility on a city-owned pole in covered areas shall be $50.00 per year per wooden pole or $200.00 dollars per year for all other city-owned poles. This rate is in addition to reimbursement to the city for any expenses for make-ready work. The city reserves the right to require a pole attachment agreement to further define the terms and conditions of attachments to city-owned poles. The rates specified in this section shall not apply to poles owned, or operated and accounted for as an asset of, a municipal electric utility.

(b)

Cease payment. A wireless services provider or a wireless infrastructure provider is authorized to remove its facilities at any time from a city-owned pole in covered areas and cease paying the annual rate to the city as of the next due date for payment following the removal.

(c)

Make-ready. For city-owned utility poles in covered areas, the applicant shall reimburse the city for expenses for any reasonable make-ready work. The city shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested small wireless facility, including pole replacement if necessary, within 60 days after receipt of a completed request. Make-ready work including any pole replacement shall be completed within 60 days of written acceptance of the good faith estimate by the wireless services provider or the wireless infrastructure provider.

(d)

Municipal utilities excluded. Nothing in this section shall be construed to affect the authority of a municipal electric utility to deny, limit, restrict, or determine the rates, fees, terms, and conditions for the use of or attachment to a utility pole owned, or operated and accounted for as an asset of, a municipal electric utility.

(Ord. of 5-6-2019, § 8)