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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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52 <br /> 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) AE011eeation applieation entitled to stt:eamlifi eeessifig trndetf <br /> G.S. 153A 349.53 shall be deemed eemplete ttaless the eity pt:ovides notiee in �N,Fitiflg to 44e <br /> additional mate..;,,,s ettt:e the defies es identified. <br /> (e) The county shall issue a written decision approving or denying an application V�,ithifl <br /> G.S.45 days in the ease of eolleeation applieations entitled to stt:eamlified pt:oeessifig ttadef <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 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 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 SL201 `� �' <br />
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