A.

Alternative tower structure. Any singular or combination structure consisting of manmade trees, clock towers, bell steeples, light poles or similar alternative design mounting structures for telecommunications antennas.

B.

Antenna.

a.

Any exterior apparatus designed for telephone, radio or television communication through the sending and/or receiving of electromagnetic waves;

b.

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

c.

Communications equipment similar to equipment described in subparagraph (b) of this section used for the transmission, reception or transmission and reception of surface waves.

d.

Antennas designed for television broadcasts, amateur radio use, or satellite dishes for residential or household purposes are not included within this definition.

C.

FAA. Federal Aviation Administration.

D.

FCC. Federal Communications Commission.

E.

Grandfathered towers and antennas. Any tower or antenna existing prior to October 1, 1996.

F.

Height. When referring to a tower or other structure, the distance from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.

G.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. This definition is also found in the Zoning Ordinance of Spalding County, section 202(NNN'). This definition shall not apply to any amateur radio tower owned and operated by a federally licensed amateur radio station operator.

(H)

Wireless facility, small. 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:

1.

Each wireless provider's antenna will fit within an enclosure of no more than six (6) cubic feet in volume; and

2.

All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (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:

a.

Electric meters;

b.

Concealment elements;

c.

Telecommunications demarcation boxes;

d.

Grounding equipment;

e.

Power transfer switches;

f.

Cut-off Switches; and

g.

Vertical cable runs for connection of power and other services.

3.

This term does 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.

(Res. of 4-15-97, § 1; Res. of 10-7-97, §§ 1, 2; Res. No. A-20-02, §§ 1—4, 5-28-20 )

A.

Correlation to district height limitations. The requirements established by this ordinance shall govern the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified in each zoning district. Height limitations applicable to buildings, structures and signs shall not apply to towers and antennas.

B.

Public property. Antennas or towers located on publicly owned property shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such tower or antenna has been approved by the applicable public owner or authority.

C.

Amateur radio, receive-only antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under one hundred (100) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

D.

Grandfathered towers and antennas. Any tower or antenna existing on the effective date of this ordinance shall not be required to meet the requirements hereof, other than approval by the FAA and compliance with any and all codes regulating building and construction in Spalding County.

(Res. of 4-15-97, § 1; Res. No. A-20-02, § 4, 5-28-20 )

A.

Purposes and goals. This ordinance establishes guidelines for siting towers and antennas. The goals of this ordinance are to:

1.

Encourage the location of towers in nonresidential areas and minimize the total number of towers in Spalding County;

2.

Encourage the joint use of new and existing tower sites;

3.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact, if any, on Spalding County is minimal;

4.

Encourage users of towers and antennas to configure them in a manner minimizing adverse visual impact;

5.

Enhance the ability of providers of telecommunications services to provide such services to Spalding County quickly, effectively and efficiently.

B.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude installation of an antenna or tower thereon. In determining whether tower or antenna installation or construction complies with the development requirements established for each zoning district in Spalding County, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within the lot.

C.

Site inventory. Each applicant seeking approval for the location or construction of antennas or towers shall provide to the zoning administrator an inventory of its existing towers and antennas, including specific information about the location, height and design of each tower.

D.

Aesthetics, lighting. The following guidelines govern the location of all towers and the installation of all antennas:

1.

Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standard, be painted sky blue or gray to reduce visual obtrusiveness;

2.

At the tower site, the design of buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and/or built environment, and the applicant shall be required to submit at the time of application a building and site development plan showing the design and location of all related structures, their color and a screening and landscaping plan;

3.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with, the color of the supporting structure to make it as visually unobtrusive as possible.

4.

Towers shall not be artificially lighted, unless required by FAA; if lighting is required, the applicant shall submit a lighting plan which identifies lighting alternatives to cause the least disturbance to the surrounding area.

E.

Federal regulation. All towers must meet or exceed current standards and regulation of the FAA, the FCC and any other applicable federal or state agency with authority to regulate towers and antennas. In the event such federal or state regulations are changed, any tower authorized pursuant to the provisions of this ordinance must be brought into compliance with such revised federal or state regulations within the time stated in such standards and regulations. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna by Spalding County at the expense of the tower and/or antenna owner or lessee or the property owner, if different.

F.

Compliance with Spalding County building codes. To ensure structural integrity of towers, it shall be maintained in compliance with standards contained in the applicable Spalding County building codes and any applicable standards for towers and/or antennas published by the Electronic Industries Association. If a tower or antenna fails to comply with such codes, then upon notice being provided to the tower and/or antenna owner or lessee or the property owner, if different, the tower shall be brought into compliance with such codes within thirty (30) days. Failure to bring towers or antennas into compliance with such codes within thirty (30) days shall constitute grounds for the removal of the tower or antenna by Spalding County at the expense of the tower and/or antenna owner or lessee or the property owner, if different.

G.

Applicant affidavit. Each applicant seeking approval for the location or construction of antennas or towers pursuant to this ordinance shall, as a part of the application therefor, submit an affidavit under oath of an employee or agent of the applicant which shall include the following representations:

a.

The applicant has conducted an inventory of all tower sites located within a two and one-half (2½) mile radius of the location of the applicant's proposed tower, and the applicant shall identify all antenna or tower sites so located;

b.

For each antenna or tower identified in section 2(G)a., the applicant shall provide the address and location of each antenna or tower, the name and address of the owner/operator of each antenna or tower, the latitude and longitude coordinates for each tower, the height of each tower, the number of antennas which can be located on each tower, and the number of antennas actually affixed and operational on each tower as of the date of filing of applicant's application;

c.

The applicant has contacted the owner/operator of each tower and advised them of applicant's needs and requirements for the placement of applicant's antenna and/or tower;

d.

The applicant has been advised by the owner/operator of each tower that has reached its capacity and cannot accommodate applicant's proposed use;

e.

In the event applicant is advised by the owner/operator of each tower that such tower has not reached maximum capacity or may accommodate applicant's proposed use, applicant shall state the basis on which it contends such tower cannot sufficiently accommodate applicant's proposed use.

(Res. of 4-15-97, § 1; Res. No. A-00-23, § 1, 12-21-00; Res. No. A-20-02, § 4, 5-28-20 )

A.

General. The uses listed within this section, subject to approval as a special exception use within the applicable zoning district in Spalding County, are deemed permitted, provided that at the time of application the owner of such antenna or tower shall provide to Spalding County construction plans which show the location, size, configuration and landscaping, if any, of the antenna or tower.

B.

Permitted uses. The following uses are specifically permitted, subject to approval as a special exception use within the applicable zoning district in Spalding County:

1.

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection therewith;

2.

Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is fifty (50) feet in height or greater, so long as the antenna adds no more than twenty (20) feet to the height of the existing structure, or that is equal to or less than fifty (50) feet in height, so long as the antenna adds no more than ten (10) feet to the height of the existing structure; and

3.

Installation of an antenna on a tower, either presently existing or authorized by this section, of any height, so long as the addition of the antenna adds no more than twenty (20) feet to the height of the tower;

4.

Locating any alternative tower structure that conforms to the goals stated in section 2 of this ordinance;

5.

Locating any tower that a qualified professional engineer certifies can accommodate the ultimate number of shared users proposed by the applicant, and which meet the following height and usage criteria:

a.

For a single user, up to ninety (90) feet in height:

b.

For two (2) users, up to one hundred twenty (120) feet in height;

c.

For three (3) or more users, up to one hundred fifty (150) feet in height.

(Res. of 4-15-97, § 1; Res. of 10-7-97, §§ 3, 4; Res. No. A-20-02, § 4, 5-28-20 )

A.

General.

1.

An application for each tower and/or antenna shall be made to Spalding County for the authority to locate a tower and/or antenna, along with a site plan which satisfies the provisions of section 5.B.

2.

An application for any use permitted in section 3.B.3. shall be presented to the zoning administrator and upon proof of compliance with such section shall be approved by him.

3.

An application for any use permitted in section 3.B.2., 4., 5. shall be approved by the board of zoning appeals upon proof of compliance with such section and upon presentation of the site plan required in section 5.B.

4.

All other applications for uses not permitted in section 3.B.2.—5. shall be considered within a reasonable time by the board of zoning appeals in the same manner as it considers all requests for special exception principal or accessory uses within the zoning districts of Spalding County, provided however, that the criteria for approval set forth in the zoning ordinance of Spalding County, section 413 and section 6 of this appendix shall govern such consideration and the denial thereof shall be in writing and supported by substantial evidence contained in the written record.

(Res. of 4-15-97, § 1; Res. of 10-7-97, §§ 5—8; Res. of 1-6-98, §§ 1, 2; Res. No. A-20-02, § 4, 5-28-20 )

A.

General. The following provisions govern the approval of towers and/or antennas as special exception uses other than those uses permitted in section 3.B.2.—5.:

1.

In approving the tower and/or antenna special exception, the board of zoning appeals must follow the criteria established for approval in this section.

2.

In approving the tower and/or antenna special exception, the board of zoning appeals may impose zoning conditions to the extent it concludes that conditions are necessary to buffer or otherwise minimize any adverse effect of the property tower on adjoining properties.

3.

Any engineering information submitted by the applicant shall be certified by a qualified professional engineer.

B.

Site plan. Each applicant shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate professional engineers and/or surveyors, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information necessary to assess compliance with this ordinance.

C.

Factors considered by the board of zoning appeals. The board of zoning appeals shall consider the following factors in determining whether to approve the tower and/or antenna as a special exception use within the zoning districts of Spalding County, although it may waive or reduce the burden on the applicant of one (1) or more of these criteria, if the goals of this ordinance are better served thereby:

1.

Height of the proposed tower;

2.

Proximity of the tower to residential structures and residential districts boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Availability of suitable existing towers and other structures, as discussed in subsection D. herein; and

8.

The public goal of rapid private sector development of advanced telecommunications and information technologies, as stated in the Telecommunications Act of 1996.

D.

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of zoning appeals that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's property antenna may consist of any of the following:

1.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

2.

Existing towers or structures are not of sufficient height, diameter or design to meet applicant's engineering requirements.

3.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4.

Applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing tower or structures would cause interference with the applicant's proposed antenna.

5.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed unreasonable.

6.

Owners of existing towers or structures are unwilling to accommodate the applicant's needs within reason.

7.

Applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

E.

Setbacks and separations. The following setbacks and separation requirements shall apply to all towers and antennas; provided that the board of zoning appeals may reduce the standard setback and separation requirements if the goals of this ordinance would be better served thereby.

1.

Towers must be set back a distance equal to the height of the tower from any off-site occupied residential structure.

2.

Towers, guys and accessory facilities must satisfy the minimum zoning district yard setback requirements.

3.

In AR-1 and AR-2 zoning districts, towers over ninety (90) feet in height shall not be located within one-quarter mile from any existing tower which is over ninety (90) feet in height.

F.

Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device; provided, that the board of zoning appeals may waive such requirement if the goals of this ordinance would be better served.

G.

Landscaping. The following guidelines shall govern the landscaping surrounding towers, provided that the board of zoning appeals may waive such requirements if the goals of this ordinance would be better served.

1.

Tower facilities shall be landscaped with a buffer of plants that effectively screens the view of the tower compound from adjacent residential property. For purposes of this ordinance, the standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

2.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

3.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In the event the tower is located on a large tract, the wooded lot and natural growth around the property perimeter may be a sufficient buffer.

(Res. of 4-15-97, § 1; Res. of 1-6-98, §§ 1, 2; Res. No. A-20-02, § 4, 5-28-20 )

Any antenna or tower which is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner or lessee of the tower or the owner of the property on which such tower is located shall remove the same within ninety (90) days of receipt of notice from the governing authority notifying either the owner of the tower, the lessee or the owner of the property on which such tower is located of such abandonment. If such antenna or tower is not removed within ninety (90) days, the zoning administrator may direct the removal of the antenna or tower at the expense of the owner or lessee of the tower or the owner of the property on which such tower is located.

(Res. of 4-15-97, § 1; Res. No. A-20-02, § 4[5], 5-28-20 )

The provisions of this article implement the Georgia Streamlining Wireless Facilities and Antennas Act, codified at O.C.G.A. § 36-66C-1 et seq. and ensure that the use of the public rights-of-way in Spalding County 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 the quality of life of nearby residents.

( Res. No. A-20-02, § 5, 5-28-20 )

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

A.

"Act" means: The Georgia Streamlining Wireless Facilities Antennas Act, O.C.G.A. § 36-66C-1 et seq.

B.

"Antenna" means: (i) 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 (ii) 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.

C.

"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 State of Georgia or the county or are otherwise applicable in the county.

D.

"Applicant" means any person that submits an application.

E.

"Application" means a written request submitted by an applicant to the county for a permit to: (i) collocate a small wireless facility in a right-of-way; or (ii) 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.

F.

"Authority 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.

G.

"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.

H.

"Communications facility" means 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.

I.

"Communications service provider" means a provider of communications services.

J.

"Communications services" means 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. § 153(24), as each such term existed on January 1, 2019; or wireless services.

K.

"Consolidated application" means 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.

L.

"Pole decorative" means an authority pole that is specially designed and placed for aesthetic purposes.

M.

"Electric supplier" means 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 which furnishes such service within this state.

N.

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

O.

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

P.

"Historic district" means: (i) 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.iv of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 6 1; (ii) any area designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia Historic Preservation Act; or (iii) any area designated as a historic district or property by law prior to April 26, 2019.

Q.

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

R.

"Micro wireless facility" means a small wireless facility not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height that has an exterior antenna, if any, no longer than eleven (11) inches.

S.

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

T.

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

U.

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

V.

"Rate" means a recurring charge.

W.

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

X.

"Replace," "replacement" or "replacing" means 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.

Y.

"Replacement work" means the activities associated with replacing an authority pole.

Z.

"Right-of-way" means, 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.

AA.

"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.

BB.

"Wireless infrastructure provider" means 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.

CC.

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

DD.

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

EE.

"Wireless services provider" means a person that provides wireless services.

FF.

"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.

( Res. No. A-20-02, § 5, 5-28-20 )

A.

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. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).

B.

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 Spalding County Department of Community Development for a permit. Any material change to information contained in an application shall be submitted in writing within thirty (30) days after the events necessitating the change.

C.

Any person who intends to submit an application to the county pursuant to this ordinance shall meet with the Spalding County Department of Community Development at least thirty (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 twenty-four (24) months after commencement, and the expected timing of such deployments.

D.

Each application submitted by the applicable wireless provider shall include:

1.

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

2.

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;

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 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;

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, a certification that complies with O.C.G.A. § 36-66C-6(k);

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.

Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

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. § 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 (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 this article or O.C.G.A. § 36-66C-7(h) or (i);

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 ten (10) days advertised for bid and scheduled for completion within six (6) months after the application is filed;

8.

With respect to an application to install a pole or pole decorative pole, interferes with a public works construction project which is advertised for bid and scheduled for completion within six (6) months after the application is filed;

9.

Fails to comply with O.C.G.A. § 36-66C-10, O.C.G.A. § 36-66C-11, or O.C.G.A. § 36-66C-12;

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 herewith.

G.

For applications for new poles in the public right-of-way in areas zoned for residential use, the Spalding County Department of Community Development may propose an alternate location in the public right-of-way within one hundred (100) feet of the location set forth in the application, and the wireless provider shall use the 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.

H.

A permit issued under this article shall authorize such person to occupy the public rights-of-way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) 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 O.C.G.A. § 36-66C-7(h)(1) and (h)(2).

I.

Upon the issuance of a permit under this ordinance, and on each anniversary of such issuance, every person issued a permit shall submit to the county the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), 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 eleven (11) maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

J.

Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.

K.

The county may revoke a permit issued pursuant to this article if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this ordinance or the act.

L.

If a wireless provider occupies the public rights-of-way without obtaining a permit required by this article or without complying with the act, then the county may, in its 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 one thousand dollars ($1,000.00). The county may suspend the ability of the wireless provider to receive any new permits from the county under this article 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.

M.

All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).

N.

An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.

O.

Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).

P.

Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten (10) years.

Q.

Permits shall be renewed following the expiration of the term identified in subsection (P) upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).

R.

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 sixty (60) days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the county shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).

( Res. No. A-20-02, § 5, 5-28-20 )

A.

A person may remove its small wireless facilities from the public rights of according to the procedures of O.C.G.A. § 36-66C-5(e).

B.

In the event of removal pursuant subsection (A), 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 a person 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 ninety (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 person the county's reasonable, documented cost of removal and restoration, plus a penalty not to exceed five hundred dollars ($500.00). The county may suspend the ability of the person to receive any new permits under this article until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the county will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

C.

If, in the reasonable exercise of police powers, the county determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) 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 provisions of O.C.G.A. § 36-66C-07(l). 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 O.C.G.A. § 36-66C-7(l), the county may take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.

D.

The county shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).

E.

A wireless provider must notify the county of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The county may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.

( Res. No. A-20-02, § 5, 5-28-20 )

A.

Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use: (i) upon a receipt of a permit under this article; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).

1.

New, modified, or replacement poles installed in the right-of-way in a historic district and in an area zoned primarily for residential use shall not exceed fifty (50) feet above ground level.

2.

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

(a)

Fifty (50) feet above ground level; or

(b)

Ten (10) feet greater in height above ground level than the tallest existing pole in the same public right-of-way in place as of January 1, 2019, and located within five hundred (500) feet of the new proposed pole;

3.

New small wireless facilities in the public right-of-way and collocated on an existing pole or support structure shall not exceed more than ten (10) feet above the existing pole or support structure.

4.

New small wireless facilities in the public right-of-way collocated on a new or replacement pole under subsection (A)(1) or (A)(2) of this section may not extend above the top of such poles.

B.

Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:

1.

Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure.

2.

Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure, or be designed and placed to minimize visual impacts.

3.

Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one (1) side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.

4.

Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.

C.

Notwithstanding any provision of this ordinance to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under this article and (ii) compliance with applicable codes.

D.

Notwithstanding any provision of this ordinance, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under this article and (ii) compliance with applicable codes.

( Res. No. A-20-02, § 5, 5-28-20 )