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ORC agenda 100213
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ORC agenda 100213
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BOCC
Date
10/2/2013
Meeting Type
Regular Meeting
Document Type
Agenda
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SL2013-185 Session Law 2013-185 Page 5 <br />related to the actual content of the application and subject matter of the collocation or eligible <br />facilities request. An application is deemed complete on resubmission if the additional <br />materials cure the deficiencies indicated. <br />(a2) The city shall issue a written decision approving an eligible facilities request <br />application within 45 days of such application being deemed complete. For a collocation <br />application that is not an eligible facilities request, the city shall issue its written decision to <br />approve or deny the application within 45 days of the application being deemed complete. <br />(a3) A city may impose a fee not to exceed one thousand dollars ($1,000) for technical <br />consultation and the review of a collocation or eligible facilities request application. The fee <br />must be based on the actual, direct, and reasonable administrative costs incurred for the review, <br />processing, and approval of a collocation application. A city may engage a third-party <br />consultant for technical consultation and the review of a collocation application. The fee <br />imposed by a city for the review of the application may not be used for either of the following: <br />(1) Travel expenses incurred in a third-party's review of a collocation <br />application. <br />(2) Reimbursement for a consultant or other third party based on a contingent <br />fee basis or results-based arrangement. <br />(b) Applications for collocation of wireless facilities are entitled to streamlined <br />processing if the addition of the additional wireless facility does not exceed the number of <br />wireless facilities previously approved for the wireless support structure on which the <br />collocation is proposed and meets all the requirements and conditions of the original approval. <br />This provision applies to wireless support structures which are approved on or after December <br />1, 2007. <br />(c) The streamlined process set forth in subsection (a) of this section shall apply to all <br />collocations, in addition to collocations qualified for streamlined processing under subsection <br />(b) of this section, that meet the following requirements: <br />(1) The collocation does not increase the overall height and width of the tower <br />or wireless support structure to which the wireless facilities are to be <br />attached. <br />(2) The collocation does not increase the ground space area approved in the site <br />plan for equipment enclosures and ancillary facilities. <br />(3) The wireless facilities in the proposed collocation comply with applicable <br />regulations, restrictions, or conditions, if any, applied to the initial wireless <br />facilities placed on the tower or other wireless support structure. <br />(4) The additional wireless facilities comply with all federal, State and local <br />safety requirements. <br />(5) The collocation does not exceed the applicable weight limits for the wireless <br />support structure." <br />SECTION 2. Article 18 of Chapter 153A of the General Statutes reads as <br />rewritten: <br />"Part 3B. Wireless Telecommunications Facilities. <br />"§ 153A-349.50. Purpose and compliance with federal law. <br />(a) Purpose. – The purpose of this section is to ensure the safe and efficient integration <br />of facilities necessary for the provision of advanced mobile broadband and wireless <br />telecommunications services throughout the community and to ensure the ready availability of <br />reliable wireless service to the public, government agencies, and first responders, with the <br />intention of furthering the public safety and general welfare. <br />(a1) The deployment of wireless infrastructure is critical to ensuring first responders can <br />provide for the health and safety of all residents of North Carolina and that, consistent with <br />section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § <br />1455(a), which creates a national wireless emergency communications network for use by first <br />responders that in large measure will be dependent on facilities placed on existing wireless <br />communications support structures, it is the policy of this State to facilitate the placement of <br />wireless communications support structures in all areas of North Carolina. The following <br />standards shall apply to a county's actions, as a regulatory body, in the regulation of the <br />placement, construction, or modification of a wireless communications facility. <br />(b) Compliance with the Federal Communications Act. – The placement, construction, <br />or modification of wireless communications facilities shall be in conformity with the Federal <br />Communications Act, 47 U.S.C. § 332 as amended, section 6409 of the federal Middle Class <br />12
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