Orange County NC Website
Page 4 Session Law 2013-185 SL2013-185 <br />applicant within 45 days of submission or within some other mutually agreed upon timeframe. <br />The notice shall identify the deficiencies in the application which, if cured, would make the <br />application complete. The application shall be deemed complete on resubmission if the <br />additional materials cure the deficiencies identified. <br />(e) The city shall issue a written decision approving or denying an application within 45 <br />days in the case of collocation applications entitled to streamlined processing under <br />G.S. 160A-400.53 and 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 />support 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 application may not be used for either of the following: <br />(1) Travel time or expenses, meals, or overnight accommodations incurred in <br />the review of an application by a consultant or other third party. <br />(2) 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 />facilities. <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 application and approval for <br />routine maintenance or limits the performance of routine maintenance on wireless support <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 application for collocation or an eligible facilities <br />request.Applications for collocation entitled to streamlined processing under this section shall <br />be reviewed for conformance with applicable site plan and building permit requirements but <br />shall not otherwise be subject to zoning requirements, including design or placement <br />requirements, or public hearing review. <br />(a1) A collocation or eligible facilities request application is deemed complete unless the <br />city provides notice that the application is incomplete in writing to the applicant within 45 days <br />of submission or within some other mutually agreed upon time frame. The notice shall identify <br />the deficiencies in the application which, if cured, would make the application complete. A city <br />may deem an application 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 application incomplete for any issue not directly <br />11