Agenda - 11-25-2013 - C2 - Laserfiche WebLink

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53 "§ 153A-349.53. Collocation and eligible facilities requests of wireless support structures.f-°^i (a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), a county may not deny and shall approve any eligible facilities request as provided in this section. Nothing in this Part requires an aplication and approval for routine maintenance or limits the performance of routine maintenance on wireless suport structures and facilities, including in-kind replacement of wireless facilities. Routine maintenance includes activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with facilities of the same size. A county may require an aplication for collocation or an eligible facilities request. 0 0 i4ents, e p4lie heaFing o 0 al A collocation or eligible facilities request aplication is deemed complete unless the county provides notice that the aplication is incomplete in writing to the aplicant within 45 days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the aplication which, if cured, would make the aplication complete. A county may deem an aplication incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, State, and local safety requirements. A county may not deem an aplication incomplete for any issue not directly related to the actual content of the aplication and subject matter of the collocation or eligible facilities request. An aplication is deemed complete on resubmission if the additional materials cure the deficiencies indicated. a2 The county shall issue a written decision aproving an eligible facilities request application within 45 days of such aplication being deemed complete. For a collocation application that is not an eligible facilities request, the county shall issue its written decision to approve or deny the aplication within 45 days of the aplication being deemed complete. 0 A county may impose a fee not to exceed one thousand dollars ($1,000) for technical consultation and the review of a collocation or eligible facilities request aplication. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and aproval of a collocation aplication. A county may engage a third-party consultant for technical consultation and the review of a collocation or eligible facilities request aplication. The fee imposed by a county for the review of the aplication may not be used for either of the following: Travel expenses incurred in a third party's review of a collocation application. Reimbursement for a consultant or other third party based on a contingent fee basis or results-based arrangement. 1, 2007* �c4 The stFeamlifled pFeeess set fet4h in s4seetion (a) of this seetion shall apply to all (b) of this seetio that meet the f llevfig 0 0 0 (11 The eellee t;e„a d-A-es maet. o e the e, 0,-.,11 height and z ,;.atl, of the tey,eF er vAr- ess 8- PdFe to�eh—the=vAF ess f4eilities aFe—tee The does ' the a the zzr�C�rrvcz'�t�6ir-ccvcr136-riirC�e-a$c-crr� "ccirr°cc'�-f�}3�'vP .r'rt� plan f F e „t o ,.1„s,,,es and . eill,,-x, f e l;ties Feplations, F°estnet46iis AFcendition , if any, applied to the initial vAr-el s The additional vAFeless f4eilities ee ,•1y z ,;tl, all fedeF 1cl.rtat cccr safety „tom SL2013-185 Session Law 2013-185 1 `� �'