Agenda - 09-05-2013 - 5j - Laserfiche WebLink

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