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Agenda - 11-25-2013 - C2
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Agenda - 11-25-2013 - C2
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6/16/2015 3:12:50 PM
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BOCC
Date
11/25/2013
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C.2
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Minutes 11-25-2013
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48 <br /> (e) The city shall issue a written decision approving or denying an application 'V�,ithifl 45 <br /> G.S. ,tin n 400.53 a* 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 city may fix and charge an application fee, consulting fee, or other fee associated <br /> with the submission, review, processing, and approval of an application to site new wireless <br /> suport structures or to substantially modify wireless support structures or wireless facilities <br /> that is based on the costs of the services provided and does not exceed what is usual and <br /> customary for such services. Any charges or fees assessed by a city on account of an outside <br /> consultant shall be fixed in advance and incorporated into a permit or application fee and shall <br /> be based on the reasonable costs to be incurred by the city in connection with the regulatory <br /> review authorized under this section. The foregoing does not prohibit a city from imposing <br /> additional reasonable and cost based fees for costs incurred should an applicant amend its <br /> application. On request, the amount of the consultant charges incorporated into the permit or <br /> application fee shall be separately identified and disclosed to the applicant. The fee imposed by <br /> a city for review of the aplication may not be used for either of the following <br /> Travel time or expenses, meals, or overnight accommodations incurred in <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 city 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 city shall <br /> not deny an initial land-use or zoning permit based on such documentation. A city 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 city may not require the placement of wireless support structures or wireless <br /> facilities on city owned or leased property, but may develop a process to encourage the <br /> placement of wireless support structures or facilities on city 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 /> "§ 160A-400.53. Collocation and eligible facilities requests of wireless support structures. <br /> faeilitiesw <br /> (a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation <br /> Act of 2012, 47 U.S.C. § 1455(a), a city may not deny and shall approve any eligible facilities <br /> request as provided in this section. Nothing in this Part requires an aplication and aproval for <br /> routine maintenance or limits the performance of routine maintenance on wireless su port <br /> structures and facilities, including in-kind replacement of wireless facilities. Routine <br /> maintenance includes activities associated with regular and general upkeep of transmission <br /> equipment, including the replacement of existing wireless facilities with facilities of the same <br /> size. A city may require an aplication for collocation or an eligible facilities <br /> request. <br /> 0 0 <br /> i4ents, of p4lie heafing o 0 <br /> al A collocation or eligible facilities request aplication is deemed complete unless the <br /> city provides notice that the aplication is incomplete in writing to the aplicant within 45 days <br /> of submission or within some other mutually agreed upon time frame. The notice shall identify <br /> the deficiencies in the aplication which, if cured, would make the aplication complete. A city <br /> may deem an aplication incomplete if there is insufficient evidence provided to show that the <br /> proposed collocation or eligible facilities request will comply with federal, State, and local <br /> safety requirements. A city may not deem an aplication incomplete for any issue not directly <br /> Page 4 Session Law 2013-185 SL201 `� �' <br />
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