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Agenda - 09-05-2013 - 5j
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Agenda - 09-05-2013 - 5j
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BOCC
Date
9/5/2013
Meeting Type
Regular Meeting
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Agenda
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5j
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Minutes 09-05-2013
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previously approved wireless support structure can reasonably be used for <br />the ^wireless facility placement instead of the construction of a new <br />wireless support structure, that residential, historic, and designated <br />scenic areas cannot be served from outside the area, or that the proposed <br />height of a new r—wireless suport structure or initial ^ a-wireless <br />facility placement or a proposed height increase of a substantially modified <br />wireless suport structure, or replacement wireless su port <br />structure or collocation is necessary to provide the applicant's designed <br />service. <br />(3) A county may require applicants for new wireless facilities to evaluate the <br />reasonable feasibility of collocating new antennas and equipment on an <br />existing wireless suport structure or structures within the applicant's search <br />ring. Collocation on an existing wireless suport structure is not reasonably <br />feasible if collocation is technically or commercially impractical or the <br />owner of the texisting wireless suport structure is unwilling to enter <br />into a contract for such use at fair market value. Counties may require <br />information necessary to determine whether collocation on existing wireless <br />support structures is reasonably feasible. <br />(4) eolleeation applieation entitled to stt:eamlifi 6Cessifig cHad€tf <br />G.S. G.S. 153A 349.53 shall be deemed eemplete ttaless the eity pt:ovides notiee in �N,Fitiflg to 44e <br />(e) The county shall issue a written decision approving or denying an application V , <br />3A 349 under this section within a reasonable period of time consistent with the <br />issuance of other land -use permits in the case of other applications, each as measured from the <br />time the application is deemed complete. <br />(f) A county may fix and charge an application fee, consulting fee, or other fee <br />associated with the submission, review, processing, and approval of an application to site new <br />wireless suport structures or to substantially modify wireless support structures or wireless <br />facilities that is based on the costs of the services provided and does not exceed what is usual <br />and customary for such services. Any charges or fees assessed by a county on account of an <br />outside consultant shall be fixed in advance and incorporated into a permit or application fee <br />and shall be based on the reasonable costs to be incurred by the county in connection with the <br />regulatory review authorized under this section. The foregoing does not prohibit a county from <br />imposing additional reasonable and cost based fees for costs incurred should an applicant <br />amend its application. On request, the amount of the consultant charges incorporated into the <br />permit or application fee shall be separately identified and disclosed to the applicant. The fee <br />imposed by a county for review of the application may not be used for either of the following: <br />the review of an aplication by a consultant or other third party. <br />Reimbursements for a consultant or other third party based on a contingent <br />fee basis or a results -based arrangement. _ <br />(g) The county may condition approval of an application for a new wireless support <br />structure on the provision of documentation prior to the issuance of a building permit <br />establishing the existence of one or more parties, including the owner of the wireless support <br />structure, who intend to locate wireless facilities on the wireless support structure. A county <br />shall not deny an initial land -use or zoning permit based on such documentation. A county may <br />condition a permit on a requirement to construct facilities within a reasonable period of time, <br />which shall be no less than 24 months. <br />(h) The county may not require the placement of wireless support structures or wireless <br />facilities on county owned or leased property, but may develop a process to encourage the <br />placement of wireless support structures or facilities on county owned or leased property, <br />including an expedited approval process. <br />(i) This section shall not be construed to limit the provisions or requirements of any <br />historic district or landmark regulation adopted pursuant to Part 3C of this Article. <br />Page 8 Session Law 2013 -185 SL2013 -185 <br />
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