Jackson County (the "county") is vitally concerned with the use, construction within, and occupancy of all rights-of-way in the county as such rights-of-way are a valuable and limited resource which must be utilized to promote the public health, safety, welfare, economic development of the county and to protect public works infrastructure. Therefore, the county, under the authority of the laws and Constitution of the State of Georgia, including but not limited to article 9, section 1, paragraphs 2 and 3 of the Georgia Constitution, O.C.G.A. § 36-1-20 and O.C.G.A. § 32-4-42(6), adopts this UDC for the purpose of regulating public and private entities which use the county rights-of-way.

(Ord. No. 17-003, § 1, 10-2-2017)

The provisions of this article shall apply to all utilities and facilities occupying the rights-of-way as provided herein.

(Ord. No. 17-003, § 1, 10-2-2017)

For the purposes of this article, the following terms, phrases, words, and their derivations have the meanings set forth herein. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Construct: To, dig, bore, tunnel, trench, excavate, obstruct, install or remove signs, or facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the rights-of-way. Construct shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is any part of the right-of-way.

Construction: The act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing or removing signs or facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the rights-of-way. "Construction" shall also include the act of opening, boring and/or cutting into the surface of any part of the right-of-way.

Director: The director of the Department of Public Development of Jackson County, Georgia, or his or her designee.

Emergency: A condition that poses a clear and immediate danger to life, health, or safety of a person, or of significant damage or loss of real or personal property.

Facility or facilities: Any tangible thing, including but not limited to pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, appurtenances, appliances and future technology of any utility in, on, along, over, or under any part of the rights-of-way within the county;

Facilities representative(s): The specifically identified agent(s)/employee(s) of a utility who are authorized to direct field activities of that utility and serve as official notice agent(s) for facilities-related information.

FCC: The Federal Communications Commission or any successor thereto.

Permit: An authorization which grants permission to conduct specific regulated activities on, in, over, under or within any public right-of-way, and which may be subject to conditions specified in a written agreement with the county or in a related provision of the County's Code of Ordinances.

Right(s)-of-way: The surface and space in, on, above, within, over, below, under or through any real property in which the county has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, or any other place, area, or real property owned by or under the legal or equitable control of the county, now or hereafter, that consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing facilities.

Service(s): The offering of any service by a utility for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, or alternatively, the provision of any service by a utility between two or more points for a proprietary purpose to a class of users other than the general public.

Service agreement: A valid license agreement, service agreement, franchise agreement, or operating agreement issued by the county or state pursuant to law and accepted by a utility or entered into by and between the county and a utility, which allows such utility to operate or provide service within the geographic limits of the county.

Street or streets: The surface of, as well as the spaces above and below, any and all the streets, alleys, avenues, roads, bridges, tunnels and public places of the county within the corporate limits of the county, as the same now exist or may be hereafter extended or altered, and any location thereon, thereover or thereunder, and any portion thereof.

Transfer: The disposal by the utility, directly or indirectly, by gift, assignment, sale, merger, consolidation, or otherwise, of more than 50 percent at one time of the ownership or controlling interest in the facilities, or of more than 50 percent cumulatively over the term of a written approval of registration of such interests to a corporation, partnership, limited partnership, trust, or association, or person or group of persons acting in concert.

Unused facilities: Facilities located in the rights-of-way which have remained unused for 12 months and for which the utility is unable to provide the county with a plan detailing the procedure by which the utility intends to begin actively using such facilities within the next 12 months, or that it has a potential purchaser or user of the facilities who will be actively using the facilities within the next 12 months, or, that the availability of such facilities is required by the utility to adequately and efficiently operate its facilities.

Utility or utilities: All privately, publicly, or cooperatively owned systems for producing, transmitting, or distributing communication, data, information, telecommunication, cable television, video services, power, electricity, light, heat, gas, oil, crude products, water/sewer, steam, fire and police signals, traffic control devices, and street lighting systems, and housing or conduit for any of the foregoing, which directly or indirectly serve the public or any part thereof. The term "utility" may also be used to refer to the owner, operator, utility, service, contractor or subcontractor, or any agent thereof, of any utility or utility facility.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

It shall be unlawful for any utility to excavate or to construct, install, maintain, renew, remove or relocate facilities in, on, along, over or under the public rights-of-way of the county without a utility encroachment permit from the department of public development in accordance with the terms of this article.

(b)

The requirement to obtain a utility encroachment permit may be waived by the director of public development in cases where utility work contemplated within the public rights-of-way of the county is shown on construction plans for a private development that has been reviewed and approved by the department of public development and a development permit has been issued in accordance with applicable provisions of this UDC.

(c)

This section shall not be construed as requiring a separate utility encroachment permit for a driveway or for installation of a storm drainage culvert if such driveway or storm drainage culvert is authorized by the director of public development under a separate permit or authorization pursuant to this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

Utility encroachment permits shall be obtained from the department of public development upon application made on forms prescribed by the department of public development. The written application shall include the following:

(a)

The name and address of the utility;

(b)

The nature, extent, and location of any work proposed to be done, along with satisfactory plans as attachments showing in detail the location of the proposed facility or operations as described in the permit application. The plans shall show the size or capacity of facilities to be installed; their relationship to street features such as right-of-way lines, pavement edge, structures, etc., horizontal and vertical clearance to critical elements of the roadway and any other information necessary by the department of public development to evaluate the impact on the street and its operation;

(c)

The name and address of the person or firm who is to do such work;

(d)

The name, street address, email address if applicable and telephone and facsimile numbers of one or more facilities representative(s).

(e)

The projected starting and finishing dates for the work;

(f)

An indemnity bond or other acceptable security in an amount to be set by the county to pay any damages to any part of the county road system or other county property or to any county employee or member of the public caused by activity or work of the utility performed under authority of the permit issued;

(g)

A copy, if requested, of the registrant's certificate of authority (or other acceptable evidence of authority to operate) from the Georgia Public Service Commission and/or the FCC and any other similar approvals, permits, or agreements;

(h)

A copy, if requested, of the service agreement, if applicable or other legal instrument that authorizes the utility to use or occupy the right-of-way for the purpose described in the application;

(i)

The application shall be accompanied by a permit review fee, as established by resolution of the Jackson County Board of Commissioners.

(Ord. No. 17-003, § 1, 10-2-2017)

If a permit application is incomplete, the department of public development shall notify the applicant and shall provide a reasonable period of time in which to revise the application.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Unless the permit application is extraordinarily complicated and extensive, in which case more time may be taken, the department of public development shall have 30 calendar days from the posted application submission deadline to review the permit application for compliance with the requirements of this article and to evaluate the application in terms of the impact of work proposed in the permit with regard to the following: impacts on safety, visual quality of streets, traffic flow, other users of the right-of-way; and the difficulty and length of time of the project.

(b)

The department of public development shall issue the requested permit if there are no concerns with regard to the criteria of this section. The department may place conditions of approval on any permit issued. If there are concerns with issuing the requested permit, the department shall indicate those concerns or objections in writing to the applicant and deny the requested permit.

(c)

Any applicant aggrieved of a decision of the department of public development to deny a utility encroachment permit under the provisions of this article may file in writing and sent via certified mail an appeal with the director of public development, who shall schedule the appeal for the next available meeting of the Jackson County Board of Adjustment for decision on the appeal. The board of adjustment in acting on appeal may affirm or overturn the decision of the director and to that end may issue the requested permit, with or without conditions, and with or without modifications from the original permit requested.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Each permit issued by the department of public development shall have a set commencement and expiration date based on information provided in the applicant's permit application. When the construction under any permit is completed, the utility shall notify the department of public development. The permit shall remain in place until construction or activity authorized under the permit is completed or until its expiration date unless the utility is in default.

(b)

If work is not begun within six months of the date of permit issuance, the permit will automatically expire.

(c)

The director of public development is authorized but shall not be obligated to grant an extension to a permit prior to expiration, upon application, and provided that a permit review fee required for a permit application is paid.

(Ord. No. 17-003, § 1, 10-2-2017)

The director of public development may find a utility in default and give written notice of default to a utility if it is determined that a utility has:

(a)

Violated any provision, requirement, or condition of a utility encroachment permit, or any law of the county, state, or federal government;

(b)

Attempted to evade any provision or requirement of this article;

(c)

Practiced any fraud or deceit upon the county; or

(d)

Made a material misrepresentation or omission of fact in its permit application.

(Ord. No. 17-003, § 1, 10-2-2017)

If a utility fails to cure a default within 20 calendar days after such notice is provided to the utility by the county, then such default shall be a material breach and the county may exercise any remedies or rights it has at law or in equity to terminate the permit. If the director of public development decides there is cause or reason to terminate, the following procedure shall be followed:

(a)

The director or designee shall serve a utility with a written notice of the reason or cause for proposed termination and shall allow a utility a minimum of 15 calendar days to cure its breach; and

(b)

If the utility fails to cure within 15 calendar days, the county may declare the permit terminated.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The document known as "Utility Accommodation Policy and Standards," promulgated and published by the Georgia Department of Transportation Division of Operations, Office of Utilities, dated 2016, and as may be amended from time to time, is hereby adopted in its entirety as if fully set forth in this article, as minimum required standards.

(b)

A copy of the "Utility Accommodation Policy and Standards" shall be maintained at the offices of the department of public development and open for public inspection.

(c)

References in the "Utility Accommodation Policy and Standards" to state personnel, agencies, and fees shall be interpreted, where required, as meaning the Jackson County equivalents.

(d)

Any conflicts between the provisions of this article and the "Utility Accommodation Policy and Standards" shall be resolved in favor of the "Utility Accommodation Policy and Standards."

(Ord. No. 17-003, § 1, 10-2-2017)

Unless specifically stated otherwise in a utility encroachment permit, no utility may occupy any county right-of-way unless sufficient space is available so that the free flow and safety of traffic and other capacity considerations are not unduly impaired and the installation does not prevent the county roads department or any employees thereof from reasonably maintaining the streets, structures, traffic control devices and other appurtenant facilities, and further provided that maintenance and operations of the facilities do not jeopardize the traffic, street structure, other users of the right-of-way or the right-of-way itself.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

If the grades or lines of any street within a county right-of-way are changed at any time by the county during the term of the permit and such change involves an area in which the utility's facilities are located, then the utility shall, at its own cost and expense and upon the request of the county upon reasonable notice, protect or promptly alter or relocate the facilities, or any part thereof, so as to conform with such new grades or lines.

(b)

In the event the utility refuses or neglects to so protect, alter, or relocate all or part of the facilities, the county shall have the right to break through, remove, alter, or relocate all or any part of the facilities without any liability to the utility and the utility shall pay to the county the costs incurred in connection with such breaking through, removal, alteration, or relocation.

(Ord. No. 17-003, § 1, 10-2-2017)

Unless otherwise provided in a valid service agreement, no placement of any pole or wireholding structure of the utility is to be considered a vested interest in the right-of-way, and such poles or structures are to be removed, relocated underground, or modified by the utility at its own expense whenever the county determines that the public convenience would be enhanced thereby. The facilities shall be so located and installed as to cause minimum interference with the rights and convenience of property owners.

(Ord. No. 17-003, § 1, 10-2-2017)

As provided in O.C.G.A § 25-9-6 (The Georgia Utility Facility Protection Act) and other applicable state law currently in place or as amended, no utility shall commence, perform, or engage in blasting or in excavating with mechanized excavating facilities unless and until the utility intending to engage in the blasting or excavating has given 48 hours' notice by submitting a locate request to the utility protection center, beginning the next working day after such notice is provided, excluding hours during days other than working days.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Each utility shall be responsible for the cost of repairing any facilities in the rights-of-way and adjoining property or other facilities which it or its facilities damage.

(b)

A utility shall be liable, at its own cost and expense, to replace, restore or repair, any street, facilities or property or structure thereon, thereunder, thereover or adjacent thereto that may become disturbed or damaged as a result of the construction or installation, operation, upgrade, repair or removal of facilities to a condition as good as or better than its condition before the work performed by the utility that caused such disturbance or damage.

(c)

If the utility does not commence such replacement or repair after 20 calendar days following written notice from the county, the county or the owner of the affected structure or property may make such replacement or repair and the utility shall pay the reasonable and actual cost of the same.

(Ord. No. 17-003, § 1, 10-2-2017)

The utility shall make the construction site available to the director of public development or designee and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the construction.

(Ord. No. 17-003, § 1, 10-2-2017)

At any time, including the time of inspection, the director of public development may order the immediate cessation of any work which poses a serious threat to the health, safety, or welfare of the public, violates any law, or which violates the terms and conditions of the permit and/or this division or issue an order to correct work which does not conform to the permit and/or applicable standards, conditions or codes.

(Ord. No. 17-003, § 1, 10-2-2017)

The utility shall obtain all construction, building or other permits or approvals required by county ordinance, state and federal law. In addition, a permittee shall comply with all requirements of laws, shall complete work in a way as to not cause any unnecessary or unauthorized obstructions of sidewalks, streets, waterways or railways, and is responsible for all work done in the rights-of-way regardless of who performs the work. No rights-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work, except in the case of an emergency as provided in this division.

(Ord. No. 17-003, § 1, 10-2-2017)

Every utility convicted of a violation of any provision of this division shall be punished by a fine not exceeding $1,000.00 per violation. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

(Ord. No. 17-003, § 1, 10-2-2017)

No person shall be relieved of its obligation to comply with any of the provisions of this article by reason of any failure of the county to enforce compliance.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

O.C.G.A. § 32-4-42(6) authorizes Jackson County, Georgia (the "County") to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the county. Further, 47 U.S.C. § 253(c) provides that the County has authority to manage its public rights-of-way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. tit. 36, ch. 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights-of-way of the county.

(b)

The county finds it is in the best interest of the county and its residents and businesses to establish requirements, specifications reasonable conditions regarding placement of small wireless facilities, poles in the public rights-of-way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the county and to reasonably manage and protect the public rights-of-way and its uses in the county.

(c)

The objective of this division is to:

1.

Implement the SWFAA; and

2.

Ensure use of the public rights-of-way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents' quality of life.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

As used in this division, the following terms have the following meanings:

Antenna:

(a)

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

(b)

Communications equipment similar to equipment described in part (i) used for the transmission, reception, or transmission and reception of surface waves. Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

Applicable codes: 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 State of Georgia or the county or are otherwise applicable in the county.

Applicant: Any person that submits an application.

Application: 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.

Authority pole: 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: To install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.

Communications facility: The set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.

Communications service provider: A provider of communications services.

Communications services: Cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 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.

Consolidated application: An application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.

Decorative pole: An authority pole that is specially designed and placed for aesthetic purposes.

Electric supplier: Any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality that furnishes such service within this state.

Eligible facilities request: An eligible facilities request as set forth in 47 C.F.R. § 1.40001(b) (3), as it existed on January 1, 2019.

FCC: The Federal Communications Commission of the United States.

Fee: A one-time, nonrecurring charge based on time and expense.

Historic district: Includes, but is not limited to:

(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 article 2 of chapter 10 of title 44, the Georgia Historic Preservation Act; or

(c)

Any area designated as a historic district or property by law prior to April 26, 2019.

Law: Any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or articles.

Micro wireless facility: 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: 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 a pole or decorative pole upon which a small wireless facility is collocated.

Person: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.

Pole: 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 authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.

Rate: A recurring charge.

Reconditioning work: Activities associated with substantially painting, reconditioning, improving, or repairing authority poles.

Replace: To replace a pole or decorative pole with a new pole or a new 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.

Replacement work: Activities associated with replacing an authority pole.

Right-of-way: Generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the county and 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 of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view and access.

Small wireless facility: Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet 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, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services.

Such term shall not include a 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 shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

State: The State of Georgia.

Support structure: 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: Any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative 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: A wireless infrastructure provider or a wireless services provider.

Wireless services: Any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

Wireless services provider: A person that provides wireless services.

Wireline backhaul facility: 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. No. 19-003, § 1(Exh. A), 10-21-2019)

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 subject to applicable codes and the following requirements:

(a)

Each such new, modified, or replacement pole installed in the right-of-way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level;

(b)

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

1.

Fifty feet above ground level; or

2.

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

(c)

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

1.

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

2.

For a collocation on a new, modified, or replacement pole under paragraph (a) or (b) of this subsection, the height limit provided in such paragraphs.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

A permit is required to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way unless specifically exempted by this division.

(a)

Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way shall submit an application to the Jackson County Public Development Department for a permit. Applications are available from the Jackson County Public Development Department. Any material change to information contained in an application shall be submitted in writing to the Jackson County Public Development Department within 30 days after the events necessitating the change.

(b)

Any person who intends to submit an application to the county pursuant to this division shall meet with the Jackson County Public Development Department at least 30 days prior to submitting an application for a permit. The purpose of such meeting shall be to inform the county, in good faith, when the applicant expects to commence deployment of small wireless facilities and poles within the county, 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.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

A permit is not required to perform the following activities:

(a)

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.

Inspections, testing, repairs, and modifications that maintain functional capacity, aesthetic, and structural integrity of poles or decorative poles used for collocation of small wireless facilities. Any modifications are limited by the structural load analysis supplied by the applicant in its prior application to the county; and

2.

Inspections, testing, repairs that maintain functional capacity or the replacement or upgrade of antennas, or other components of the small wireless facility such as swap out or addition of antennas and other components as required by the applicant, with antennas and other components substantially similar in color, aggregate size, and other aesthetics to the small wireless facility previously issued a permit by the county. To qualify for this exemption any upgrade or repair shall be subject to the height and volume limits for small wireless facilities under this chapter.

(b)

An application or permit is not required 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 an authority 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.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

The applicable wireless provider or its duly authorized representative shall submit each application, and shall contain the following:

(a)

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

(b)

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to filing the application;

(c)

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;

(d)

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

(e)

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

(f)

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

(g)

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;

(h)

If the application is for the installation of a pole, a written certification from the wireless provider that after diligent investigation the service objectives of the permit cannot be met by colocation on an existing pole, or support structure where the wireless provider has the right to collocate, subject to reasonable terms and conditions, and collocation would not impose technical limitations 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 shall provide a written summary of the basis for such determination.

(i)

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

(j)

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.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

Each application for a permit shall include the following application fees:

(a)

For each application for the collocation of each small wireless facility on an existing pole a fee of $100.00 per small wireless facility;

(b)

For each application for each replacement pole with an associated small wireless facility $250.00 per pole with and associated small wireless facility;

(c)

For each application for each new pole with an associated small wireless facility a fee of $1,000.00 per pole with an associated small wireless facility;

(d)

The fees for each application type described above in this section shall increase by two and one-half percent annually beginning January 1, 2021.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

Within 20 days of receipt of a written application, the public development department shall:

(a)

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;

(b)

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 denial of the application pursuant to this code section; and

(c)

Determine whether the application is complete and inform the applicant of its determination in writing.

1.

If the county determines that an application is incomplete, it shall specifically identify to the applicant in writing all missing information within such 20-day period; otherwise, the application is deemed complete.

2.

If the county identifies missing information to the applicant as provided in this paragraph, the applicant may submit missing information to the county within 20 days of receipt of notification in writing from the county that the application is incomplete without paying any additional application fee, and any subsequent review of the application by the county for completeness shall be limited to the previously identified missing information.

3.

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 shall notify the applicant of such determination in writing within ten days of receipt of the resubmission of the written 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. If the county does not provide such written notification to the applicant within this ten-day period, the application shall be deemed complete.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

(a)

The county shall make its final decision to approve or deny the application:

1.

Within 30 days of the written determination that the application is complete or when the application is deemed complete whichever is earlier, for a collocation; and

2.

Within 70 days of the written determination that the application is complete or when the application is deemed complete under subsection [938(c)3.], whichever is earlier, for the installation, modification, or replacement of a pole or decorative pole.

(b)

A decision to deny an application pursuant to this code section shall be in writing, shall identify all reasons for the denial, and shall identify the provisions of applicable codes or other standards on which the denial was based. The decision to deny shall be sent to the applicant contemporaneously. The review period shall run until the written decision is delivered to the applicant in a manner described below in subsection (e).

(c)

If the county fails to act on an application within the review period provided for in subsection [938(c)3.], the applicant may provide the county written notice that the time for acting has lapsed, and the county shall then have 20 days after receipt of such notice 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.

(d)

An applicant may, at their discretion and subject to the consolidated application requirements and processes file a consolidated application.

(e)

All decisions and notices required by this division shall be sent 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.

(f)

Applications for permits shall be approved unless the requested collocation of a small wireless facility or the requested installation, modification, or replacement of a pole or decorative pole:

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 seven and a half 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 limitations set forth by section 933 of this division.

7.

Interferes with the widening, repair, reconstruction, or relocation of a public road or highway by a 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.

Interferes with a public works construction project governed by chapter 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 laws of general applicability addressing pedestrian and vehicular traffic and safety requirements; or

10.

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 division.

(g)

For applications for new poles in the public right-of-way in areas zoned for residential use, the Jackson County Public Development Department may propose an alternate location in the public right-of-way within 100 feet of the location set forth in the application, and the wireless provider shall use the Jackson County Public Development Department proposed alternate location unless the location 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. No. 19-003, § 1(Exh. A), 10-21-2019)

An applicant may submit a single consolidated application, if such a consolidated application shall be for a geographic area no more than two miles in diameter and shall comply with this code section. 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. An authority may issue a single permit or multiple permits for the small wireless facilities and poles in a consolidated application.

(a)

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 two 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 for any application subsequently submitted by the same applicant for the placement of new poles and the collocation of associated small wireless facilities; and

(b)

A consolidated application for the collocation of small wireless facilities on existing poles or support structures may include no more than six 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, but shall not be required to, toll the processing requirements for any application subsequently submitted by the same applicant for the collocation of small wireless facilities on existing poles or support structures.

(c)

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

(d)

When the processing of an application is tolled, the application is no longer counted as pending. As processing of applications is completed, the authority shall begin processing previously tolled applications in the order in which they were submitted, unless the applicant specifies a different order.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

(a)

A permit issued under this division shall authorize such person to occupy the public rights-of-way to:

1.

Collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in subsection [939(f)(4)], above; and

2.

Install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in subsection [939(f)(4)], above.

(b)

Upon the issuance of a permit under this division, and on each anniversary of such issuance, every person issued a permit shall submit to the county $100.00 for each small wireless facility collocated on any existing or replacement pole, or $200.00 for each new pole; provided, however, that if such person removes its small wireless facilities form the public rights-of-way then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase by two and one-half percent on January 1 of each year beginning January 1, 2021.

(c)

The county may revoke a permit issued pursuant to this division if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently does not comply with any provision of this division or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the county may proceed according to (d).

(d)

If a wireless provider occupies the public rights-of-way without obtaining a permit required by this division or without complying with the SWFAA, then the county may, at their sole discretion, 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 the reasonable, documented cost of the county in 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 under this division until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the county may 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.

(e)

All accepted applications for permits shall be publicly available. The applicant may designate portions of its application materials confidential where it reasonably believes they contain trade secrets according to applicable code.

(f)

An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles for no more than.

(g)

Activities authorized under a permit shall be completed within six months after issuance. A written request for an extension for up to an additional six months may be submitted to the County before the end of the initial six month period if a delay in completing the authorized work is the result of circumstances beyond the reasonable control of the applicant.

(h)

Issuance of a permit authorizes the applicant to:

1.

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

2.

Operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten years.

(i)

If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights-of-way, then the county shall, within 60-days of receipt of the completed application:

1.

Provide a good faith estimate for any make-ready work necessary to enable the county pole to support the proposed facility; or

2.

Notify the wireless provider that the wireless provider will be required to perform the make-ready work.

3.

If the county opts to perform the make-ready work itself, the county shall complete the work, including any pole replacement, within 90 days of receipt 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 replacement authority pole have the same functionality as the pole being replaced. If the county pole is replaced, the county shall operate 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.

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)

(a)

The applicant, or the person that owns or operates the small wireless facility collocated in the right-of-way, 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 the actual removal of the small wireless facilities. In the event of such removal, the right-of-way shall be, to the extent practicable in the reasonable judgment of the county, 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 judgment of the county, to its condition prior to the removal within 90 days of the removal, the county may, at the sole discretion of the county, restore the right-of-way to such condition and charge the applicant the county's reasonable, documented cost of removal and restoration, 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; 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.

(b)

If, in the reasonable exercise of police powers, the county determines:

1.

A pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or

2.

Relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the following:

a.

By the date designated in a written notice from the county that contains a good faith estimate of the date by which the county intends to commence work in or upon the right-of-way so long as the same time frames are applied to all utilities in the right-of-way; provided, however, that the date designated for relocation shall be at least 45 days after the County provides the written notice to the wireless provider; or

b.

Within the time frame that 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 this subsection and explains in detail why such wireless provider cannot reasonably complete the relocation by the date designated in the county's written notice.

3.

If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in this subsection the county shall have the right and privilege, ten days or more after the wireless provider receives written notice from the county, 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.

(c)

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.

1.

The county shall use reasonable efforts to provide the wireless provider with written notice of reconditioning work at least 120 days before such reconditioning work begins. Upon receiving such 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 facilities from the pole and surrounding premises during reconditioning work, provided that the requirement to remove such is contained in the written notice required by this code section. All costs 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 within at least 120 days, it shall not affect the county's rights under this subsection. In all cases, as much notice as possible shall be provided, but less than 30 days' notice shall be prohibited. The county shall provide the wireless provider with a date by which its equipment must be protected or removed.

2.

The wireless provider may request a modification of the county procedures for carrying out reconditioning work in order to reduce interference with the 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 costs related to the modification.

3.

The county shall provide the wireless provider with at least 120 days' written notice of any replacement work before the county may remove the wireless provider's communications facilities. The county shall also promptly notify the wireless provider when the poles have been replaced and the wireless provider can reinstall its equipment. During the replacement work, the wireless provider may maintain a temporary communications facility on the property, or after approval by an authority on any land owned or controlled by an authority 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 discretion, shall have the right to suspend the applicable permit until the replacement pole is installed, upon 30 days' written notice to the county.

(d)

A wireless provider must notify the county of its decision to abandon any small wireless facility, support structure or pole pursuant to the following provisions:

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.

2.

Following receipt of such notice, the authority shall instruct the wireless provider in writing to remove all or any portion of the small wireless facility, support structure, or pole if the authority determines that such removal will be in the best interest of public safety and welfare.

3.

If the wireless provider fails to remove the abandoned small wireless facility, support structure, or pole within 90 days after such notice, the authority may do so and recover the actual and reasonable expenses of doing so from the wireless provider, its successors, or its assigns, plus a penalty not to exceed $500.00.

4.

The county may suspend the ability of the wireless provider, its successors, or its assigns, as applicable, to receive any new permits from the authority 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 authority 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.

5.

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 small 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.

6.

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.

7.

If the owner does not provide written notice that the small wireless facility has not been out of operation or the support structure or pole has in fact 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 authority 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

(Ord. No. 19-003, § 1(Exh. A), 10-21-2019)