The purpose of this article is to regulate the permitting, siting, placement, construction and modification of wireless telecommunications towers and facilities while fulfilling all applicable zoning standards and the visioning, planning and guidance within the Habersham County Comprehensive Plan. Requirements in this article are based upon the county's authority to regulate wireless telecommunication facility development in unincorporated Habersham County under Georgia law and as provided in the Telecommunications Act of 1996. The county Comprehensive Plan finds, as a major source of economic development, a significant increase in tourism that relies upon special natural beauty, sports, recreation, cultural resources and rural character. Desired economic development is achievable when gains from expansion and upgrading of wireless services correspond with the comprehensive plan's protection of the special resources and characteristics necessary to achieve gains from the priority to increase tourism. Consequently, this article shall be interpreted to achieve the visioning within the comprehensive plan.

(Ord. of 12-21-2020)

In order to ensure that the placement, construction and modification of wireless telecommunications facilities protects the county's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this chapter and the comprehensive plan, the county hereby adopts an overall policy for wireless telecommunications facilities for the express purpose of achieving the following goals:

(a)

The obtainment of an applicable permit for any new, co-location or modification of a wireless telecommunications facility.

(b)

An application process for person(s) or entities seeking a permit for wireless telecommunications facilities.

(c)

Application review and issuance of a permit for wireless telecommunications facilities that is both fair and consistent.

(d)

The promotion of sharing and/or co-location of wireless telecommunications facilities and towers among service providers.

(e)

Requirement, promotion and encouragement, wherever possible, of the placement, height and number of wireless telecommunications facilities in such a manner to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and within the same general area as the requested location.

(Ord. of 12-21-2020)

No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of a wireless telecommunications facility unless exempted below. No permit shall be required for those non-commercial exceptions noted in this section.

(a)

All legally permitted wireless telecommunications towers and facilities in existence on or before the effective date of this article

(b)

Any repair and maintenance of a wireless facility does not require an application for a permit. However, no additional construction or site modification will be permitted.

(c)

The county's fire, sheriff's or other public service facilities owned and operated by the county.

(d)

Any facilities expressly exempt from the county's siting, building and permitting authority.

(e)

Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multi-channel multipoint distribution providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception.

(f)

Facilities not exceeding 75 feet in height used exclusively for private, non-commercial radio and television reception and private citizen's bands, licensed amateur radio and other similar non-commercial telecommunications.

(g)

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, and g services (e.g. wi-fi and bluetooth) where the facility does not require a new tower.

(h)

Any electrical utility pole or tower used for the distribution or transmission of electrical service or other utilities not regulated by the county.

(Ord. of 12-21-2020)

All applications for a permit for a new wireless telecommunications facility or for a modification or a co-location under this section shall comply with the requirements set forth in this section. The administrative officer is the individual to whom applications for a permit must be submitted. Said designee is authorized to review, analyze, evaluate and make recommendations to the planning commission and/or the board of commissioners:

(a)

The administrative officer may reject in writing applications not meeting the requirements stated herein, which are otherwise not complete or not accompanied by proper fees.

(b)

Any and all representations made by the applicant to the board or its duly authorized representatives on the record during the application process shall be in writing and shall be deemed a part of the application and will be deemed to have been relied upon in good faith by the board or their designee.

(c)

An application for a permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.

(d)

The applicant must provide documentation to verify it has the authority to proceed as proposed on the site.

(e)

The applicant shall include a statement in writing:

(1)

That the applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, in compliance with all conditions of the permit, as well as all applicable county, state and federal laws, rules and regulations; and

(2)

That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the state.

(f)

Where a certification is called for in this article, such certification shall bear the signature and seal of a professional engineer licensed by the state.

(g)

In addition to all other required information as stated in this article, all applications for the construction or installation of a new wireless telecommunications facility or co-location of an existing facility where the overall height or width of the structure or where the dimensions of the equipment compound will be increased shall contain the information hereinafter set forth. An applicant will be granted permission for anything that it can conclusively prove the technical or legal "need" as defined in section 68-201.

(h)

Specific requirements: The items contained in Chapter C are mandatory on all applications to assist the board in rendering an informed decision on the application.

(Ord. of 12-21-2020)

The grant of a permit under this section shall be done by administratively granted authorization, such being defined in section 68-201.

(a)

Within 30 calendar days of the date an application for modification or collocation is filed with the county, the board designee shall notify the applicant in writing of any information required to complete the application.

(b)

Within 90 calendar days of the date an application for modification or collocation of wireless facilities is filed with the county, unless another date is specified in a written agreement between the administrative officer and the applicant, the administrative officer shall:

(1)

Have the application reviewed and make its final decision to approve or disapprove the application; and

(2)

Advise the applicant in writing of its final decision.

(c)

An application for attaching wireless facilities to an existing structure including, but not limited to, cellular or PCS facilities and microwave facilities, shall contain the following information and comply with the following requirements:

(1)

Documentation shall be provided proving that the applicant has the legal right to attach to the structure.

(2)

A written statement that:

a.

The proposed wireless telecommunications facility will be maintained in a safe manner, and in compliance with all conditions of all applicable permits and authorizations.

b.

The construction of the wireless telecommunications facilities is legally permissible.

(Ord. of 12-21-2020)

(a)

If a service provider requests a planning meeting prior to considering a new site for an application, the meeting may include representative(s) of the applicant, the planning designee of the county, members of the community, and the county's consultant should the administrative officer deem it necessary for the consultant to attend.

(b)

Unless the proof of technical need is established as set forth in subsection (c) below, telecommunications towers and wireless telecommunications facilities shall be prohibited:

(1)

From being built on any crest or extending above any and all crests;

(2)

When any portion of a structure on a ridge extends higher than 30 feet above the ambient tree height near the facility.

(3)

Within areas of traditional neighborhoods or subdivisions except the fringe and at least one eighth mile from a dwelling.

(4)

Within or visually intrusive to county identified river protection corridor and scenic road corridor character areas.

(5)

Within or visually intrusive to any recognized historic area for the purposes of cultural preservation.

(6)

In areas identified by local, state, or federal agencies containing biological or environmental impact to alleviate harm to any variety of species.

(7)

Within or visually intrusive to a view shed that contributes to scenic beauty and/or tourist attractions or facilities.

(c)

Wireless telecommunications facilities may be allowed in the above seven areas if the applicant provides proof of technical need by documentation in the form of clear and convincing evidence to demonstrate that the proposed telecommunications tower or wireless facility is necessary and:

(1)

The area cannot be served from outside the area.

(2)

Co-location is not possible.

(3)

Increasing the height of an existing wireless telecommunication facility cannot provide the service.

(4)

Serving a traditional neighborhood or subdivision residential area from outside the area is technologically impracticable.

(5)

Serving a traditional neighborhood or subdivision with a satisfactory stealth structure is technologically impracticable.

(6)

An alternative structure compatible with the area such as a silo, barn cupola or church steeple cannot be used to provide wireless telecommunications service to the area.

(7)

An alternative configuration of sites to avoid a structure on a crest or on a ridge that extends no more than 30 feet above the ambient tree height near the facility is technologically impracticable.

(d)

Notwithstanding that a potential site may be situated in an area of highest or highest available priority, the county may disapprove an application for any, or a combination, of the following reasons:

(1)

Conflict with local, state and federal safety and safety-related codes and requirements.

(2)

The placement and location or height of a wireless telecommunication facility would create an unacceptable risk, or the reasonable possibility of such to residents, the public or employees of the service provider or other service providers.

(3)

Placement and location or height of the facility conflicts with provisions of this article.

(4)

Failure to submit documentation required under this article within 30 days of written notice to the applicant setting forth any deficiencies in the application.

(e)

Notwithstanding anything to the contrary in this article the governing body may require the investigation of relocation of a proposed site, chosen by the applicant to use more than one site or other support structure to provide substantially the same service if the location could result in a less intrusive facility or facilities singly or in combination, as long as such does not prohibit or serve to prohibit the provision of service.

(Ord. of 12-21-2020)

(a)

This article requires wireless facilities to be located on existing wireless support structure or other suitable structures unless such is proven to be technologically impracticable. The applicant shall submit a comprehensive report inventorying all existing wireless support structure and other suitable structures within one mile of the location of any proposed new wireless support structure. Applicant may present conclusive documentation for consideration by the governing body showing that another distance is more appropriate and other suitable structure cannot be used.

(b)

An applicant intending to locate on an existing tower or other suitable structure not owned by the applicant shall be required to provide documentation from the existing owner that the applicant is permitted co-location.

(c)

Shared use or co-location shall contain the minimum antenna array technologically required to primarily serve the needs of customers within the county, with incidental service to customers outside the county at the board's discretion.

(Ord. of 12-21-2020)

(a)

New towers shall be of the monopole type, unless such is proven to be technologically impracticable.

(b)

The applicant shall submit documentation justifying the technical need by the service provider for the total height of any wireless support structure and/or antenna requested and the basis therefore. To enable verification of the need for new wireless support structures, documentation in the form of propagation studies must include all backup data used to produce the studies at the height requested, the maximum height allowed by this article, and the midpoint of the height range. Such documentation will be analyzed in the context of the justification of the height needed to primarily serve the needs of customers within the county.

(c)

(1)

The placement and installation of towers and antennas are permitted by application for a building permit up to a height of 165 feet pursuant to the provisions of section 68-1606.

(2)

The placement and installation of towers and antennas are permitted with planning commission review up to a height of 199 feet pursuant to the provisions of section 68-1606.

(3)

The placement and installation of towers and antennas with a height of 200 feet or greater shall be conditional uses in all land use districts.

(d)

Spacing or the distance between towers shall be such that the service may be provided without exceeding the maximum permitted height.

(Ord. of 12-21-2020)

(a)

Wireless telecommunications facilities shall not be artificially lighted or marked except as required by ordinance or other applicable agencies.

(b)

Stealth: All new wireless telecommunications facilities including, but not limited to, towers, shall utilize stealth or camouflage techniques, unless such can be shown to be either commercially or technologically impracticable.

(c)

If wireless telecommunications facilities are lighted for any reason, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and FAA regulations. All such lighting shall be affixed with technology that enables the light to be seen as intended from the air but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level terrain situation flush mounting: So as to be the least visually intrusive reasonably possible all antennas attached to a tower or other structure shall be as near to flush mounted as is technologically practicable.

(d)

Placement on building—fascia. If attached to a building, all antennas shall be mounted on the fascia of the building and camouflaged so as to match the color and, if possible, texture of the building or in a manner so as to make the antennas as visually innocuous and undetectable as is possible given the facts and circumstances involved.

(Ord. of 12-21-2020)

(a)

All wireless telecommunications facilities, antennas and accessory equipment shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.

(b)

Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

(Ord. of 12-21-2020)

Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation to minimize accidental exposure to RF radiation within a given area. A sign of the same size is also to be installed containing the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC site registration, as applicable, is also to be present. The signs shall not be lighted unless specified by law, rule or regulation. No other signage, including advertising, shall be permitted.

(Ord. of 12-21-2020)

(a)

All proposed towers shall be setback from recorded rights-of-way and habitable building by the distance specified by the engineer of record plus 25 percent, otherwise known as the Fall Zone. The nearest portion of any new access road to the tower shall be no less than 15 feet from the nearest property line.

(b)

There shall be no development of habitable buildings within the Fall Zone set forth in the preceding subsection.

(Ord. of 12-21-2020)

The board of commissioners may hire any consultant and/or expert necessary to assist the county in reviewing and evaluating applications. Such consultant and/or expert shall participate in pre-application and site visit meetings, and upon receipt of a complete application shall review and evaluate the application and associated data, including safety requirements and technical review.

(Ord. of 12-21-2020)

(a)

The board designee will review an application pursuant to this article in a timely fashion, and as required by applicable federal law (the Telecommunications Act of 1996) as amended and legally enforceable interpretations and declaratory rulings thereof.

(b)

For applications requiring a public hearing before the Board of Commissioners, the county Board of Commissioners may by proper vote and in accordance with its by-laws, request further study, approve, approve with conditions or deny a permit.

(c)

The applicant shall be notified of the board's ruling and any conditions, if applicable, in writing within ten calendar days of the board's action. The grant and issuance of such permit does not exempt the applicant from obtaining land disturbance permits and building permits or certificates of compliance.

(Ord. of 12-21-2020)

To ensure the structural integrity of wireless support structures, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas, ensure that towers are maintained in compliance with standards contained in applicable local building codes and published by the International Code Council and the American National Standards Institute. If, upon inspection, the county concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee, or lessee of the tower, said party shall have 180 days to bring the tower into compliance with such standards. If the owner, permittee or lessee fails to bring the tower into compliance within the 180-day period, the governing authority may remove the tower at the owner, permittee or lessee's expense. Prior to the removal of any tower, the county may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers and may grant a reasonable extension of the above referenced compliance period. Any such removal by the governing authority shall be in the manner provided in O.C.G.A. §§ 41-2-7 through 41-2-17.

(Ord. of 12-21-2020)

(a)

Any tower or antenna that is not operated for a continuous period exceeding six months shall be considered abandoned, and the owner of such antenna or tower shall remove the structure within 60 days of receipt of notice from the county notifying the owner of such abandonment. If said tower or antenna is not removed within said 60 days, the governing authority may, in the manner provided in the O.C.G.A. §§ 41-2-7 through 41-2-17, remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease utilizing the tower.

(b)

Prior to the issuance of a permit for the construction of a tower or antenna, the owner of the tower or antenna facility shall procure a bond or a letter of credit from a surety with an office located in State of Georgia, in an amount not less than $25,000.00 conditioned upon the removal of the tower and/or antenna, should it be deemed abandoned under the provisions set forth in subsection (a) of this section. Such bond or letter of credit must be renewed at least every two years during the life of the tower or antenna.

(Ord. of 12-21-2020)

Unless otherwise prohibited by law or in conflict with any section of this article, appeals, variances, application, procedural requirements, administration, interpretation, enforcement, penalties and remedies as set forth in article XII of this chapter and as most currently amended are expressly incorporated in this article.

(Ord. of 12-21-2020)

(a)

The purpose of this article is to establish nondiscriminatory policies and procedures for use of the right-of-way and more specifically the placement of small wireless facilities in right-of-way within the county jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage and reasonable aesthetic qualities of the county right-of-way and the county as a whole.

(b)

In enacting this article, the county is establishing uniform standards consistent with federal and state law to address the placement of small wireless facilities and associated poles in the right-of-way including, without limitation, to:

(1)

Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

(2)

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3)

Prevent interference with the facilities and operations of facilities lawfully located in right-of-way or public property;

(4)

Preserve the character of historic districts or areas with decorative poles;

(5)

Protect against environmental damage, including damage to trees; and

(6)

Facilitate rapid deployment of small cell facilities to provide the benefits of wireless services.

(c)

This article supersedes all articles or parts of articles adopted prior hereto that are in conflict herewith, to the extent of such conflict.

(Ord. of 12-21-2020)

The following words, terms, and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Administrative review means review of an application by the county relating to the review and issuance of a permit including review by county staff, to determine whether the issuance of a permit is in conformity with the applicable provisions of this article. An application that is subject to administrative review shall be approved as provided in section 68-1629 of this article.

Antenna means the following:

(a)

Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or

(b)

Similar equipment used for the transmission or reception of surface waves.

The definition for an antenna does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

Applicable codes means uniform building, fire, safety, electrical, plumbing or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the county or otherwise are applicable in the county. The county adopted the current edition of the Utility Accommodation Policy and Standards (UAM) issued by the State of Georgia Department of Transportation.

Applicant means any person who submits an application as or on behalf of a wireless provider.

Application means a written request submitted by an applicant to the county for a permit to:

(a)

Collocate a small wireless facility in a right-of-way; or

(b)

Install, modify, or replace a pole or decorative pole in a right-of-way on which a small wireless facility is or will be collocated.

County means Habersham County, Georgia.

County pole means a pole owned, managed or operated by or on behalf of the county. Such term shall not include poles, support structures, electric transmission structures or equipment of any type owned by an electric supplier.

Collocate or collocation means to install, mount, modify or replace a small wireless facility on or adjacent to a pole, decorative pole or support structure.

Communications service provider means a provider of communications services.

Communications services means cable service as defined in 47 U.S.C. Section 522(5); telecommunications service as defined in 47 U.S.C. Section 153(53); information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019; or wireless services.

Decorative pole means a County pole that is specially designed and placed for aesthetic purposes.

Eligible facilities request means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3), as it existed on January 1, 2019 and as may be amended from time to time.

Fee means a one-time, nonrecurring charge based amount based on time and expense.

Historic district means the following:

(a)

Any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior of the United States in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 1;

(b)

Any area designated as a historic district under O.C.G.A. Article 2 of Article 10 of Title 44, the "Georgia Historic Preservation Act"; or

(c)

Any area designated as a historic district or property by law prior to the effective date of this code section.

Law means and includes any and all federal, state or local laws, statutes, common law, codes, rules, regulations, orders or ordinances.

Micro wireless facility means a small wireless facility not larger in dimension than 24 inches in length, 15 inches in width and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches.

Permit means a written authorization, in electronic or hard copy format, required to be issued by the county to initiate, continue or complete the collocation of a small wireless facility or the installation, modification or replacement of an associated pole or decorative pole upon which a small wireless facility is collocated.

Person means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including the county.

Pole means a vertical pole such as a utility, lighting, traffic or similar pole made of wood, concrete, metal or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an county pole. Such term shall not include a support structure, decorative pole or electric transmission structure.

Rate means a recurring charge.

Reconditioning work means the activities associated with substantially painting, reconditioning, improving or repairing county poles.

Replace, replacement, or replacing means to replace an existing pole or decorative pole with a new pole or decorative pole, similar in design, size and scale to the existing pole or decorative pole consistent with 47 C.F.R. 1.40001(b)(7) as it existed on January 1, 2019 in order to address limitations of or change requirements applicable to the existing pole to structurally support the collocation of a small wireless facility.

Right-of-way or ROW means property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road. A public road can be a highway, road, street, avenue, drive or other way that is either open to the public or has been acquired as right-of-way and is intended to be used by the public and for the passage of vehicles in any county or municipality of Georgia. The term ROW shall only apply to property or an interest therein that is under the ownership or control of the county. The term ROW shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities and appurtenances for buildings for public equipment and personnel used for or engages in administration, construction or maintenance of such ways or scenic easements and easements of light, air, view and access.

Small wireless facility means radio transceivers, surface wave couplers, antennas, coaxial, fiber-optic or other cabling, power supply and backup battery and comparable and associated equipment, regardless of technological configuration at a fixed location or locations that enables communication or surface wave communication between user equipment and a communications network and that meets both of the following qualifications:

(a)

Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and

(b)

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. When an enclosure is used, volume shall be measured based on the exterior dimensions of the enclosure.

The following types of associated, ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for connection of power and other services. The term does not include the pole, decorative pole or support structure on, under or within which the equipment is located or collocated or to which the equipment is attached and does not include any wireline backhaul facilities or coaxial, fiber-optic or other cabling that is between small wireless facilities, poles or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

Support structure means a building, billboard, water tank or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the state, that builds, installs or operates small wireless facilities, poles or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services using licensed or unlicensed spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public.

Wireless services provider means a person who provides wireless services.

Wireline backhaul facility means an aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network.

(Ord. of 12-21-2020)

(a)

As a condition to the issuance of a permit to collocate a small wireless facility or to install, modify or replace a pole or a decorative pole for collocation of a small wireless facility in the right-of-way, the applicant shall pay the following fees and rates:

(1)

An application fee for each small wireless facility collocated on an existing pole, decorative pole, or support structure assessed by the county not to exceed $100.00 per small wireless facility;

(2)

An application fee for each new pole with an associated small wireless facility assessed by the county not to exceed $1,000.00 per pole with an associated small wireless facility;

(3)

An application fee for each replacement pole with an associated small wireless facility assessed by the county not to exceed $250.00 per replacement pole with an associated small wireless facility;

(4)

Annual right-of-way occupancy rate assessed by the county for non-exclusive occupancy of the right-of-way by the applicant not to exceed:

a.

One hundred dollars per year for each small wireless facility collocated on any existing or replacement including an existing or replacement county pole;

b.

Two hundred dollars per year for each new pole with an associated small wireless facility, provided however that such rate shall not be applied to a replacement pole;

(5)

An annual attachment rate assessed by the county for collocations on county poles shall be nondiscriminatory regardless of the services provided by the collocating wireless provider. Such annual attachment rates shall not exceed $40.00 per year per small wireless facility;

(6)

A fee for make-ready work as provided in subsection 68-1622(m) of this article and

(7)

Generally applicable, non-discriminatory fees for any permit required under generally applicable law, provided however that an applicant shall not be required to obtain or pay any fees for a building permit as the permit issued pursuant to this article serves as a building permit for the applicable poles and small wireless facilities.

(b)

The monetary caps in subsections 68-1620(a)(1)—(5) of this article shall increase 2.5 percent annually beginning January 1, 2021.

(c)

An applicant shall not be subject to any fees or rates other than those expressly provided for by this article.

(d)

The applicant, or person who owns or operates the small wireless facility collocated in the right-of-way (including, without limitation, on a county pole) may remove its small wireless facilities at any time from the right-of-way, upon not less than 30 days prior written notice to the county and may cease paying to the county any applicable fees and rates for such use, as of the date of actual removal of the small wireless facilities. In the event of such removal, the right-of-way shall be, to the extent practicable, restored to its condition prior to the removal. If the applicant fails to return the right-of-way to the extent practicable in the reasonable judgement of the county to its condition prior to the removal within 90 days, the county may, at the sole option of the county, restore the right-of-way to such condition and charge the applicant its reasonable, documented cost of doing so plus a penalty not to exceed $500.00. The county may suspend the ability of the applicant to receive any new permits from the county until the applicant has paid the amount assessed for such restoration costs and the penalty assessed, if any.

(e)

Any failure to comply with subsection 68-1621(b) of this article by a wireless provider shall allow the county, at the sole discretion of the county, to restore the right-of-way to the extent practicable in the reasonable judgment of the county to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider its reasonable, documented cost of doing so plus a penalty not to exceed $1,000.00. The county may suspend the ability of the wireless provider to receive any new permits from the county until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any.

(Ord. of 12-21-2020)

(a)

A wireless provider may collocate small wireless facilities on county poles, decorative poles and support structures in the right-of-way subject to administrative review only and issuance of a permit as set forth in this article. All such uses shall be in accordance with applicable provisions of this article, including without limitation, those set forth in section 68-1624 of this article:

(1)

Collocation of a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in subsection 68-1622(i) of this article or on or adjacent to a decorative pole in compliance with section 68-1627 of this article; and

(2)

Installation, modification, or replacement of a pole or a decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in subsection 68-1622(i) of this article.

(b)

No wireless provider shall collocate any small wireless facility in the right or way or install, modify or replace a pole or decorative pole for collocation of a small wireless facility in the right-of-way without first filing an application and obtaining a permit therefor, except as otherwise expressly provided in subsection 68-1621(e) of this article.

(c)

The county shall make accepted applications publicly available. Notwithstanding the foregoing, an applicant may designate portions of its application materials that it reasonably believes contain trade secrets by following the procedures set forth in subparagraph (34) of paragraph (a) of O.C.G.A. Article 72 of Article 18 of Title 50.

(d)

The application shall be made by the applicable wireless provider or its duly authorized representative and shall contain the following:

(1)

The applicant's name, address, telephone number and e-mail address, including emergency contact information for the applicant;

(2)

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;

(3)

A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;

(4)

Detailed construction drawings regarding the proposed use of the right-of-way;

(5)

To the extent the proposed facility involves collocation on a pole, decorative pole or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, decorative pole or support structure will structurally support the collocation (or that the pole, decorative pole or support structure may and will be modified to meet structural requirements) in accordance with applicable codes;

(6)

For any new aboveground facilities, visual depictions or representations if not included in the construction drawings;

(7)

Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right-of-way of the small wireless facility for which the application is being submitted;

(8)

If the application is for the installation of a pole or replacement of a decorative pole, a certification that complies with subsection 68-1621(j) of this article;

(9)

If the small wireless facility will be collocated on a pole or support structure owned by a third party, a certification that the wireless provider has permission from the owner to collocate on the pole or support structure; and

(10)

If the applicant is not a wireless services provider, a certification that a wireless services provider has requested in writing that the applicant collocate the small wireless facilities or install, modify or replace the pole or decorative pole at the requested location.

(e)

An application shall not be required for the following activities, provided that a wireless provider may be required to obtain permits for such activities, such as electrical permits or street opening permits, if otherwise required by generally applicable law:

(1)

With respect to a pole or decorative pole on which a small wireless facility is collocated, inspections, testing, repairs and modifications that maintain functional capacity and aesthetic and structural integrity, provided that modifications are limited by the structural load analysis supplied by the applicant in its prior application to the county; and

(2)

With respect to a small wireless facility, inspections, testing or repairs that maintain functional capacity or the replacement or upgrade of antennas or other components of the small wireless facility such as a swap out or addition of antennas and radio equipment as required by the applicant with antennas and other components that are substantially similar in color, aggregate size and other aesthetics to that previously permitted by the county and consistent with the height and volume limits for small wireless facilities under this article, so long as the pole, decorative pole or support structure will structurally support or prior to installation will be modified to support, the structural load in accordance with the structural load analysis supplied by the applicant in its prior application to the county.

(f)

Any material change to information contained in an application shall be submitted in writing to the county within 30 days after the events necessitating the change.

(g)

Unless otherwise provided by applicable laws, all applications pursuant to this article shall be accompanied by the fees as required in section 68-1620 of this article.

(h)

The county shall not enter into an exclusive arrangement with any person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance or replacement of poles, or for the right to attach to county poles. A person who purchases or otherwise acquires a county pole is subject to the requirements of this article.

(i)

The county, in the exercise of its administration and regulation related to the management of the right-of-way, shall be competitively neutral and nondiscriminatory with regard to other users of the right-of-way.

(j)

A wireless provider shall not apply to install a pole or replace a decorative pole unless it has determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which the provider has the right to collocate subject to reasonable terms and conditions, and such collocation would not impose technical limitation or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it must provide a written summary of the basis for such determination.

(k)

Requests for installation, modification, or replacement of a support structure are not eligible for administrative review as set forth in this section 68-1621 of this article.

(Ord. of 12-21-2020)

(a)

The requirements of this section govern the county's review of applications for uses that are subject to administrative review as described in Subsection 68-1621(a) of this article.

(b)

If an applicant has not previously held a meeting that complies with this article, an applicant shall meet with the county at least 30 days before submitting applications under this article to inform the county in good faith when such applicant expects to commence deployment of small wireless facilities and poles within the county pursuant to this article, the number of small wireless facilities and poles it expects to deploy during the 24 months after commencement and the expected timing of such deployments.

(1)

All documents or other information provided by the applicant in the course of, or in association with, any meetings provided for in this article shall be presumed to be confidential and proprietary and a trade secret as such term is defined in O.C.G.A. Article 27 of Article 1 of Title 10, shall be subject to exemption from disclosure under state and federal law and shall not be subject to disclosure under O.C.G.A. Article 4 of Article 18 of Title 50.

(c)

Within 20 days of receiving an application, the county must:

(1)

Notify the applicant in writing of the commencement and completion dates of any widening, repair, reconstruction or relocation of the applicable right-of-way that is scheduled to commence or is anticipated in good faith to commence within 24 months after the application is filed.

(2)

Notify the applicant, based on the county's good-faith preliminary review of the information provided in the application, of any aspect of the application that appears to be grounds for the county not to approve the application as described in Subsection 68-1622(j) of this article; and

(3)

Determine whether the application is complete and inform the applicant of its determination in writing. If the county determines an application is incomplete, it must specifically identify to the applicant in writing all missing information within this 20 day period; otherwise the application is deemed complete. If the county identifies missing information to the applicant as provided above, the applicant may submit such missing information to the county within 20 days of receipt of notification in writing from the county without paying any additional application fee and any subsequent review of the application by the county for completeness must be limited to the previously identified missing information. If the county determines that an application remains incomplete or if the county determines that the applicant has made material changes to the application (other than to address the missing information identified by the county), the county must notify the applicant of such determination in writing within ten days of receipt of the resubmission of the application, and absent an agreement to the contrary between the county and the applicant that is confirmed by email or other writing, such notice shall constitute a denial of the application and a new application and application fee must be submitted. If the county does not provide such written notification to the applicant within this ten day period, the application shall be deemed complete.

(d)

The county shall make its final decision to approve or deny the application within 30 days of the written determination that the application is complete or when the application is deemed complete as described in subsection 68-1622(c) of this article, whichever is earlier, for a collocation, and within 70 days of the written determination that the application is complete or when the application is deemed complete as described in subsection 68-1622(c) of this article, whichever is earlier, for the installation, modification or replacement of a pole or decorative pole.

(e)

A decision to deny an application pursuant to this section 68-1622 of this article shall be in writing, shall identify all the reasons for the denial and shall identify the applicable code provisions or other standards applicable pursuant to this article on which the denial was based. The decision to deny shall be sent to the applicant contemporaneously via email or regular mail. The written decision shall be deemed delivered upon email transmission or deposit into regular mail receptacle with adequate postage paid. The review period shall run until the written decision is sent to the applicant.

(f)

If the county fails to act on an application within the review period referenced in this article, the applicant may provide the county written notice that the time period for acting has lapsed and the county then has 20 days after receipt of such notice within which to render its written decision. The application shall be deemed approved by passage of time and operation of law if the county does not render its written decision within such 20 days.

(g)

An applicant may, at the applicant's discretion and subject to the consolidated application requirements and processes as described in section 68-1629 of this article file a consolidated application.

(h)

Notwithstanding any other provision of this article, to the extent that an application constitutes an eligible facilities request, the county may not deny the application and shall approve the application within 60 days according to the procedures established under 47 C.F.R. 1.40001(c).

(i)

Small wireless facilities and new, modified or replacement poles to be used for collocation of small wireless facilities may be placed in the right-of-way as a permitted use in accordance with section 68-1621 of this article, subject to the definition of a small wireless facility as described in section 68-1619 of this article:

(1)

Each such new, modified or replacement pole installed in the right-of-way in historic districts and in areas zoned exclusively for residential use shall not exceed 50 feet above ground level;

(2)

Each such new, modified or replacement pole installed in the right-of-way that is not in an historic district or in area zoned exclusively for residential use shall not exceed the greater of:

a.

Fifty feet above ground level; or

b.

Ten feet greater in height above ground level than the tallest existing pole in the same county right-of-way in place as of January 1, 2019 and located within 500 feet of the new proposed pole; and

(3)

New small wireless facilities in the right-of-way shall not exceed:

a.

For a collocation on an existing pole or support structure more than ten feet above the existing pole or support structure; or

b.

For a collocation on a new, modified or replacement pole as described in subsection 68-1622(i) of this article, the height limit under those paragraphs.

(j)

The county shall approve an application for permitted uses described in subsection 68-1621(a) of this article unless it:

(1)

Interferes with the operation of traffic control equipment;

(2)

Interferes with sight lines or clear zones for transportation or pedestrians;

(3)

Fails to comply with the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., or similar laws of general applicability regarding pedestrian access or movement;

(4)

Requests that ground-mounted small wireless facility equipment be located more than 7.5 feet in radial circumference from the base of the pole, decorative pole or support structure to which the small wireless facility antenna would be attached, provided that the county shall not deny the application if a greater distance from the base of the pole, decorative pole or support structure is necessary to avoid interfering with sight lines or clear zones for transportation or pedestrians or to otherwise to protect public safety;

(5)

Fails to comply with applicable codes;

(6)

Fails to comply with the maximum limitations set forth in subsection 68-1622(i) of this article, or the requirements of section 68-1628 of this article;

(7)

With respect to an application to install a pole or decorative pole interferes with the widening, repair, reconstruction or relocation of a public road or highway by the county or the department of transportation that has been advertised for bid and scheduled for completion within six months after the application is filed;

(8)

With respect to an application to install a pole or decorative pole interferes with a public works construction project governed by O.C.G.A. Article 91 of Title 36 which is advertised for bid and scheduled for completion within six months after the application is filed;

(9)

Fails to comply with sections 68-1625, 68-1626 or 68-1627 of this article;

(10)

Fails to comply with laws of general applicability addressing pedestrian and vehicular traffic and safety requirements; or

(11)

Fails to comply with laws of general applicability that address the occupancy or management of the right-of-way and that are not otherwise inconsistent with this article.

(k)

Effect of permit.

(1)

A permit from the county authorizes an applicant to undertake only certain activities in accordance with this article, and does not create a property right or grant the applicant to impinge upon the rights of others who may already have an interest in the right-of-way.

(2)

Collocation, installation, modification, or replacement for which a permit is issued under this article shall be completed within six months after issuance, provided that an extension shall be granted for up to an additional six months upon written request made before the end of the initial six month period if a delay results from circumstances beyond the reasonable control of the applicant. Issuance of a permit authorizes the applicant to:

a.

Undertake the collocation, installation, modification or replacement approved by the permit; and

b.

Operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of not less than ten years, which shall be renewed for equivalent durations so long as the applicant is in compliance with the criteria set forth in Subsection 68-1622(j) of this article, subject to the relocation requirements described in subsection 68-1622(1) of this article and the applicant's right to terminate at any time.

(l)

If, in the reasonable exercise of police powers, the county requires widening, repair, reconstruction or relocation of a public road or highway or relocation of support structures, poles or small wireless facilities is required as a result of a public project; a wireless provider shall relocate poles and support structures it has installed in the right-of-way for the collocation of small wireless facilities pursuant to this article at no cost to the county should such poles be found by the county to be unreasonably interfering with the widening, repair, reconstruction, relocation project or public project. If widening, repair, reconstruction or relocation is required as a condition or result of a project by an entity other than the county, the other entity shall bear the cost of relocating such poles or support structures and any communications facilities on such poles or support structures. The wireless provider shall relocate the support structures or poles:

(1)

By the date designated in a written notice from the county that contains a good faith estimate by the county of the date by which the county intends to commence work, whenever the county has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance or installation of any county improvement in or upon or the operations of the county in or upon the right-of-way so long as the same timeframes are applied to all utilities in the right-of-way; provided however that the date designated for relocation must be at least 45 days after the county provides the written notice to the wireless provider; or

(2)

Within the time frame the wireless provider estimates in good faith is reasonably needed to complete the relocation, so long as the wireless provider provides the county written notice of its good faith estimate within 30 days following receipt of the written notice provided by the county pursuant to subsection 68-1622(1) of this article and explains in detail why the wireless provider cannot reasonably complete the relocation by the date designated in the county's written notice.

(3)

The wireless provider shall reasonably cooperate with the county to carry out reconditioning work activities in a manner that minimizes interference with the wireless provider's approved use of the facility.

a.

Prior to commencing reconditioning work, the county will use reasonable efforts to provide the wireless provider with at least 120 days prior written notice. Upon receiving that notice, it shall be the wireless provider's sole responsibility to provide adequate measures to cover, remove or otherwise protect the wireless provider's communications facility from the consequences of the reconditioning work including, but not limited, to paint and debris fallout. The county reserves the right to require the wireless provider to remove all of the wireless provider's communications facility from the county pole and surrounding premises during reconditioning work, provided the requirement to remove such is contained in the written notice required by section 68-1622 of this article. All cost associated with the protection measures including, temporary removal, shall be the sole responsibility of the wireless provider. If the county fails in good faith to give notice of at least 120 days, it will not affect the county's rights under this subsection. In all cases, as much notice as possible should be provided, but less than 30 days' notice shall be prohibited. The county will provide the wireless provider with a date by which its equipment must be protected or removed.

b.

The wireless provider may request a modification of the county procedures for carrying out reconditioning work in order to reduce the interference with wireless provider's operation of its communications facility. If the county agrees to the modification, the wireless provider shall be responsible for all reasonable incremental cost related to the modification.

c.

The county shall provide wireless provider with at least 120 days written notice of any replacement work before the county may remove the wireless providers communications facilities. The county shall also promptly notify the wireless provider when the county poles have been replaced and the wireless provider may re-install its equipment. During the replacement work, the wireless provider may maintain a temporary communications facility on the property or, after approval by the county, on any land owned or controlled by the county in the vicinity of the property. If the property will not accommodate the wireless provider's temporary communications facility or if the parties cannot agree on a temporary location, the wireless provider, at its sole option, shall have the right to suspend the applicable permit until the replacement pole is installed, upon 30 days written notice to the county.

(m)

For any collocation to county poles in the right-of-way, the county shall provide a good faith estimate for any make-ready work necessary to enable the county pole to support the proposed facility including replacement of the pole if necessary, within 60 days after receipt of a completed application requesting attachment to the county pole. Alternatively, the county may require the wireless provider to perform the make-ready work and so notify the wireless provider within the 60 day period. If the wireless provider or its contractor performs the make-ready work it shall indemnify the county for any negligence by the wireless provider or its contractor in the performance of such make-ready work and the work shall comply with applicable law. If the county opts to perform the make-ready work itself, it shall complete the work including any pole replacement within 90 days of written acceptance of the good faith estimate by the wireless provider. Such acceptance shall be signified by payment via check or other commercially reasonable and customary means specified by the county. The county may require that the replaced county pole have the same functionality as the pole being replaced. If the county pole is replaced, the county shall operate county fixtures on the pole and, absent an agreement to the contrary between the county and the wireless provider that is confirmed in writing, the county shall take ownership of the new pole.

(n)

If the wireless provider fails to relocate a support structure or pole or fails to provide a written good faith estimate of the time needed to relocate a support structure or pole within the time period proscribed in subsection 68-1622(1) of this article, the county shall have the right and privilege, after providing the wireless provider at least ten days' written notice, to cut power to or move any support structure or pole located within the right-of-way as the county may determine to be necessary, appropriate or useful in order to commence work on the public project.

(o)

Abandonment:

(1)

If a wireless provider decides to abandon any small wireless facility, support structure or pole, it shall notify the county in writing as soon as practicable but no later than 30 days prior to the abandonment. Following receipt of such notice, the county shall direct the wireless provider in writing to remove all or any portion of the small wireless facility, support structure or pole if the county determines that such removal will be in the best interest of the public safety and public welfare. If the provider fails to remove the abandoned small wireless facility, support structure or pole 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 plus a penalty not to exceed $500.00. The county may suspend the ability of the wireless provider, its successors or its assigns, as applicable, to receive any new permits from the county until the wireless provider, its successors or its assigns, as applicable, have paid the amount assessed for such removal costs and the penalty assessed, if any; provided, however, that the county shall not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(2)

A small wireless facility that is not operated or a support structure or pole that is not utilized for a continuous period of 12 months shall be considered abandoned and the owner of such wireless facility, support structure or pole shall remove such within 90 days after receipt of written notice from the county notifying such owner of such small wireless facility, support structure or pole of the abandonment. The county shall send the notice by certified or registered mail, return receipt requested, to such owner at the last known address of such owner of the small wireless facility, support structure or pole. If the owner does not provide written notice that the small wireless facility has been out of operation or the support structure or pole has been utilized for a continuous period of 12 months or does not remove such small wireless facility, support structure or pole within the 90-day period, the county may remove or cause the removal of such small wireless facility, support structure or pole pursuant to the terms of its support structure or pole attachment agreement for county poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.

(p)

If the county determines that a wireless provider's activity in a right-of-way pursuant to this article creates an imminent risk to public safety, the county may provide written notice to the wireless provider and demand that the wireless provider address such risk. If the wireless provider fails to reasonably address the risk within 24 hours of the written notice, the county may take or cause to be taken action to reasonably address such risk and charge the wireless provider the reasonable documented cost of such actions.

(q)

The county may require a wireless provider to repair all damage to a right-of-way directly caused by the activities of the wireless provider while occupying, installing, repairing or maintaining small wireless facilities, poles or support structures in such right-of-way and to restore the right-of-way to its condition before the damage occurred pursuant to the competitively neutral and reasonable requirements and specifications of the county. If the wireless provider fails to return the right-of-way to the extent practicable in the reasonable judgment of the county to its condition prior to the damage within 90 days of receipt of written notice from the county, the county may, at the sole discretion of the county, restore the right-of-way to such condition and charge the wireless provider its reasonable, documented cost of doing so plus a penalty not to exceed $500.00. The county may suspend the ability of the wireless provider to receive any new permits from the county until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the county shall not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(r)

The county shall send any notice or decision required by this section 68-1622 of this article by registered or certified mail, statutory overnight delivery, hand delivery, or email transmission. The decision or notice shall be deemed delivered upon email transmission, deposit into overnight mail or regular mail receptacle with adequate postage paid or actual receipt if delivered by hand.

(Ord. of 12-21-2020)

(a)

Applications for any other uses that are not expressly set forth or referenced in this article shall require compliance with and issuance of a permit under applicable law. Without limiting the foregoing, any modification, maintenance, repair or replacement that is not set forth in section 68-1621(e) or this section or that is not eligible for administrative review under section 68-1622 of this article shall require compliance with, and issuance of a permit under the county's applicable law.

(b)

The county shall not require a wireless provider to obtain a permit or any other approval or require fees or rates for the installation, placement, maintenance, operation or replacement of micro wireless facilities that are suspended on cables that are strung between poles or support structures in the right-of-way in compliance with applicable codes; provided, however, that the county may require a wireless provider to obtain permits for any additional activities such as electrical work, excavation or closure of sidewalks or vehicular lanes within the right-of-way if otherwise required by generally applicable law. Such permits shall be issued on a nondiscriminatory basis upon terms and conditions applied to any other person's similar activities in the right-of-way.

(c)

The construction, installation, maintenance, modification, operation and replacement of wireline backhaul facilities in the right-of-way are not addressed by this article and any such activity shall comply with O.C.G.A. Article 1 of Article 5 of Title 46 and other applicable law.

(d)

The approval of the installation, placement, maintenance or operation of a small wireless facility pursuant to this article shall not authorize the provision of any communications services.

(e)

This article shall not apply to the county to the extent that the county uses communications facilities to provide free wi-fi services to the public.

(Ord. of 12-21-2020)

(a)

An applicant in the right-of-way shall employ due care during the installation and maintenance process and shall comply with all safety and right-of-way protection requirements of general applicability set forth in applicable law.

(b)

An applicant in the right-of-way shall not place any small wireless facilities, support structures poles, or decorative poles where they will interfere with any existing infrastructure or equipment, and shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual vehicular or pedestrian traffic patterns or with the rights or reasonable convenience of owners of property that abuts any right-of-way.

(c)

Nothing in this article relieves any person of any duties set forth in O.C.G.A. Article 9 of Title 25.

(Ord. of 12-21-2020)

(a)

Notwithstanding anything to the contrary in this article within an historic district, an applicant may collocate a small wireless facility and may place or replace a pole only upon satisfaction of the following requirements:

(1)

Issuance of a permit under subsection 68-1621(a) of this article; and

(2)

The collocation and the pole must:

a.

Comply with any objective, reasonable and nondiscriminatory aesthetic and structural requirements that have been made publicly available in writing by the county at least 30 days prior to submission of the application, provided however that any such requirements may not have the effect of materially inhibiting any provider's technology or service nor may compliance with any such requirements be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility; or

b.

In the absence of any such requirements, a replacement pole must be substantially similar in height and appearance to the pole that is being replaced.

(Ord. of 12-21-2020)

(a)

For applications for new poles in the right-of-way in areas zoned for residential use, the county may propose an alternate location in the right-of-way within 100 feet of the location set forth in the application, and the wireless provider shall use the county's proposed alternate location unless it imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith based on the assessment of a licensed engineer and it shall provide a written summary of the basis for such determination.

(Ord. of 12-21-2020)

(a)

Notwithstanding anything to the contrary in this article, an applicant may collocate a small wireless facility on a decorative pole or may replace a decorative pole with a new decorative pol, in the event the existing decorative pole will not structurally support the attachment only upon satisfaction of the following requirements:

(1)

Issuance of a permit under subsection 68-1621(a) of this article.

(2)

The collocation and the replacement decorative pole must:

a.

comply with any objective and reasonable aesthetic and structural requirements that have been made publicly available in writing by the county at least 30 days prior to submission of the application, provided however that any such requirements may not have the effect of materially inhibiting any provider's technology or service nor may compliance with any such requirements be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility; or

b.

in the absence of any such requirements, a replacement decorative pole must be substantially similar in height and appearance to the decorative pole that is being replaced.

(b)

The county shall operate county fixtures on the replaced decorative pole and, absent an agreement to the contrary between the county and the wireless provider that is confirmed by email or other writing, the county shall take ownership of the new decorative pole.

(Ord. of 12-21-2020)

(a)

A wireless provider shall comply with reasonable and nondiscriminatory requirements that prohibit communications service providers and electric service providers from installing poles in a right-of-way in an area designated solely for underground or buried facilities of communications service providers and electric service providers where the county:

(1)

Has required all such facilities other than light poles and attachments to be placed underground and all such undergrounding has been completed prior to the submission of the application or, for rights-of-way where such facilities other than light poles and attachments have not been deployed, has in effect a reasonable and nondiscriminatory zoning or development ordinance or regulation that requires such facilities other than light poles and attachments to be placed underground;

(2)

Does not prohibit the replacement of light poles or the collocation of small wireless facilities in the designated area and

(3)

Permits wireless providers to seek a waiver of the underground requirements for the placement of a new pole to support small wireless facilities, which waivers shall be addressed in a nondiscriminatory manner and consistent with applicable law.

(b)

If the county adopts undergrounding requirements, those requirements shall:

(1)

Allow a wireless provider to maintain in place any previously collocated small wireless facilities subject to any applicable pole attachment agreement; or

(2)

Either allow the wireless provider to replace the pole associated with previously collocated small wireless facilities at the same location or propose an alternate location within 50 feet of the prior location, which the wireless provider shall use unless such alternate location imposes technical limits or significant additional costs.

(Ord. of 12-21-2020)

(a)

An applicant may submit a single consolidated application provided that such a consolidated application shall be for a geographic area no more than two miles in diameter and must comply with this article. The denial of one or more small wireless facilities or poles in a consolidated application shall not delay the processing of any other small wireless facilities or poles in the same application. The county may issue a single or multiple permits for the small wireless facilities and poles in a consolidated application.

(b)

For Class II Authorities as defined in O.C.G.A. § 36-66(C) "Streamlining Wireless Facilities and Antennas Act":

(1)

A consolidated application for the placement of new poles and the collocation of one or more small wireless facilities on such new poles may include no more than five poles and any associated small wireless facilities. While an applicant has applications, including consolidated applications, pending before the county for review of 15 or more new poles and the collocation of associated small wireless facilities, the county may, but shall not be required to, toll the processing requirements under this article for any application subsequently submitted by the same applicant for the placement of new poles and the collocation of associated small wireless facilities; and

(2)

A consolidated application for the collocation of small wireless facilities on existing poles or support structures may include no more than 15 sites. While an applicant has applications, including consolidated applications, pending before the county for review of 45 or more sites for the collocation of small wireless facilities on existing poles or support structures, the county may toll the processing requirements under this article for any application subsequently submitted by the same applicant for the collocation of small wireless facilities on existing poles or support structures.

(c)

For purposes of subsection 68-1629(b) of this article:

(1)

Small wireless facilities and poles that a wireless services provider applicant has requested a third-party to deploy and that are included in a pending application by the third-party shall be counted as pending requests by the wireless services provider applicant; and

(2)

When the processing of an application is tolled under subsection 68-1629(b) of this article, it is no longer counted as pending. As processing of applications is completed, the county will begin processing previously tolled applications in the order they were submitted, unless the applicant specifies a different order.

(Ord. of 12-21-2020)

If multiple applications are received by the county to install two or more poles or decorative poles at the same location or to collocate two or more small wireless facilities on the same pole, decorative pole or support structure, the county shall resolve conflicting requests in an appropriate, reasonable and nondiscriminatory manner.

(Ord. of 12-21-2020)

Absent an agreement to the contrary that is made public and that is available for adoption upon the same terms and conditions to any requesting wireless provider, the county shall not require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the county, including reserving fiber, conduit or space on a utility pole or a wireless support structure for the county and the county may not require an applicant to transfer small wireless facilities, poles, decorative poles or support structures to the county, provided that the county may require transfer of a county pole replaced by the applicant to accommodate its collocation.

(Ord. of 12-21-2020)

(a)

The county shall not require a wireless provider to indemnify and hold the county and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses or fees arising from the wireless provider's activities in the public right-of-way under this Article, except when a court of competent jurisdiction has found that the negligence of the wireless provider while conducting such activities caused the harm that resulted in such claims, lawsuits, judgments, costs, liens, losses, expenses or fees or to require a wireless provider to obtain insurance naming the county or its officers and employees an additional insured against any of the foregoing.

(b)

In no event shall the county or any officer, employee or agent affiliated therewith, while in the performance of its or his or her official duties, be liable for any claim related to the siting, installation, maintenance, repair, replacement, relocation, permitting or location of wireless equipment, facilities, poles or infrastructure including, but not limited to, any claim for destruction, damage, business interruption or signal interference with other communications service providers wherein such siting, installation, maintenance, repair, replacement, relocation, permitting or location was undertaken in substantial compliance with this article.

(Ord. of 12-21-2020)