SC - City of Anderson: CITY OF ANDERSON COUNCIL

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CITY OF ANDERSON COUNCIL

CITY OF ANDERSON COUNCIL AGENDA

September 9, 2019

INVOCATION: Councilman Don Chapman

RESPECTS TO FLAG: Councilman Jeff Roberts

Approval of Minutes of August 26, 2019

A. OLD BUSINESS:

Tagged Passions:business

1. Request second reading of Ordinance 19-09 to amend the City of Anderson Zoning Ordinance by adding language relating to Small Wireless Facilities.

Tagged Passions:ordinance, zoning, wireless, and Wireless

2. Request second reading of Ordinance 19-10 amending Section 42-263(2) of the City Code to

Tagged Passions:ordinance

provide for the prohibition of smoking in public places.

Tagged Passions:Smoking and smoking

3. Request consideration of an ordinance to annex and zone to GC, General Commercial, 0.4 acres

Tagged Passions:ordinance, commercial, and annexation

located at 3526 Clemson Boulevard, and an adjacent 0.01 acres located at the corner of Clemson Boulevard and Fritz Drive.

Tagged Passions:Clemson and streets

4. Request consideration of an ordinance to rezone 16.82 acres at the northern corner of Glenwood

Tagged Passions:ordinance and zoning

Avenue and Bleckley Street from LI, Light Industrial to R-5, Single-Family Residential.

Tagged Passions:streets and industrial

B. NEW BUSINESS:

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1. Request consideration of an appointment to the Accommodations Tax (ATAX) Advisory Committee.

Tagged Passions:appointments, accommodations tax, taxes, and Taxes

2. Request consideration of appointments to the Board of Architectural Review, Planning Commission and Board of Zoning Appeals.

Tagged Passions:planning, boards and commissions, appointments, zoning, and board of architectural review

3. Request consideration of an ordinance for Equipment Lease Purchase Agreement in the amount

Tagged Passions:ordinance, equipment, leasing, and purchasing

not exceeding 855,000.

4. Request consideration of a resolution authorizing the City of Anderson to reimburse certain expenditures made prior to the Issuance of Special

Obligation Bonds (Hospitality Fee Pledge) not exceeding 8,500,000.
Tagged Passions:bond

5. Request consideration of a resolution authorizing the City of Anderson to reimburse certain

expenditures made prior to the Issuance of Installment Purchase Revenue Bonds not exceeding 5,500,000.

Tagged Passions:bond and purchasing

C. ADMINISTRATIVE BRIEFING:

1. Upcoming Events

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Council Meeting 8/26/2019 1

12:00 Noon Council Work Session Proposed Ordinances Council met to discuss amending City of Anderson Zoning Ordinance regarding Small Wireless

Facilities and an Ordinance amending the City Code for the prohibition of smoking in public places.
Tagged Passions:ordinance, council, zoning, wireless, Smoking, Wireless, and smoking

Regular Meeting August 26, 2019

The regular meeting of City Council was held this date in City Hall Council Chambers at 1:15 pm. In attendance were Mayor Terence Roberts, Mayor Pro

Tem Stewart, Council Members Thompson, Chapman, Laughridge, Harbin, John Roberts, Newton and Jeff Roberts. Also in attendance were City Manager, David McCuen; Assistant City Manager, Andrew Strickland; Finance Director, Margot Martin; City Attorney, Frankie McClain; Planning Director, Maurice McKenzie; Transit Director, Keith Scott; and Signal and Signs Director, Jim Simes. The invocation was given by Mayor Terence Roberts and respect to the flag was given by Councilman Newton.
Tagged Passions:planning, finance, legal, administrator, and manager

APPROVAL OF MINUTES

A motion by Mayor Pro Tem Stewart seconded by Council Member Thompson carried unanimously (9-0) to approve the minutes of August 12, 2019 meeting as

presented.
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REQUEST CONSIDERATION OF ORDINANCE 19-09 TO AMEND THE CITY OF ANDERSON ZONING

Tagged Passions:ordinance and zoning

ORDINANCE BY ADDING LANGUAGE RELATING TO SMALL WIRELESS FACILITIES

Tagged Passions:ordinance, wireless, and Wireless

City Manager, David McCuen said new technology, involving small wireless facilities is becoming more prevalent in cities across the country and in

South Carolina as well. This involves a denser network of antennas located at street level to supplement and communicate with traditional cell towers. These antennas are typically attached to existing utility poles or buildings, but most often, they are visible along public rights-of-way.
Tagged Passions:streets, utility, Utility, cell tower, Cell tower, Technology, technology, administrator, manager, wireless, Wireless, and pole

Planning Director, Maurice McKenzie said because of the new demand and since cell tower regulations in most cities do not address this type of

technology, the Municipal Association of South Carolina (MASC) worked with the telecommunications industry to better understand the issue and the potential impacts regarding zoning, licensing, permitting, etc. A model ordinance was created, which balances the needs of cellular providers with municipal interests. A City Council work session was held last November 26, 2018 to provide information regarding this subject and to share the MASC s model ordinance.
Tagged Passions:planning, regulation, ordinance, council, Telecommunications, zoning, cell tower, Cell tower, Technology, telecommunications, and technology

Council Meeting 8/26/2019 2

Resulting from the work session, the Council saw the need to adopt language to address this technology, which will supplement the existing cellular

and communications towers regulations in the Zoning Ordinance. Specifically, it addresses the location of such technology in public rights-of-way. Throughout the review process, staff received Council input to enhance the model ordinance.
Tagged Passions:regulation, ordinance, council, zoning, cell tower, Cell tower, Technology, communications, technology, and Communications

The proposed guidelines address:

Application process and permitting Location standards, to prevent interference with the use of streets, sidewalks, etc. Size and design standards of

small wireless facilities, so they do not negatively impact the
Tagged Passions:streets, wireless, Pedestrian, and Wireless

landscape from a visual perspective Encouragement of co-location to minimize the number of small wireless facilities

Tagged Passions:buildings and grounds, wireless, and Wireless

The amendment will provide enhanced wireless communication technology in rights-of-way, while addressing location, appearance and the overall process

for permitting.
Tagged Passions:Technology, communications, technology, Communications, wireless, and Wireless

The Planning Commission considered this request at their July 9th meeting and recommended approval.

Tagged Passions:planning and boards and commissions

City Council attended a Work Session at 12 noon today to discuss this ordinance and had several changes to the language.

Tagged Passions:ordinance and council

A motion by Mayor Pro Tem Stewart seconded by Councilman Newton carried unanimously (9- 0) to approve Ordinance 19-09 to amend the City of Anderson

Zoning Ordinance by adding language relating to Small Wireless Facilities on First Reading along with the following proposed changes in language from the Council Work Session today on August 26, 2019:
Tagged Passions:ordinance, council, zoning, wireless, and Wireless

Section 4(a)(i) within ten (10) business days Section 4(a)(ii) within thirty (30) days Section 4(b) within thirty (30) days Section 5(h) at least two

(2) additional carriers Section 7(c) add Removal Bond requirement to Section 7
Tagged Passions:business and bond

REQUEST CONSIDERATION OF A REFERRAL TO THE PLANNING COMMISSION A PETITION TO ANNEX AND ZONE TO GC, GENERAL COMMERCIAL, 0.4 ACRES LOCATED AT 3526

CLEMSON
Tagged Passions:planning, Clemson, boards and commissions, commercial, and annexation

BOULEVARD, AND AN ADJACENT 0.01 ACRES LOCATED AT THE CORNER OF CLEMSON BOULEVARD AND FRITZ DRIVE

Tagged Passions:Clemson and streets

Planning Director, Maurice McKenzie said the applicant is petitioning to annex 0.4 acres of land in order for it to be combined with surrounding

property already located within the City limits. The parcel is currently undeveloped. Commercial development is planned for the site once
Tagged Passions:planning, development, Development, property, commercial, and annexation

Council Meeting 8/26/2019 3

combined and re-platted, so all the land needs to be in one jurisdiction. GC, General Commercial zoning is proposed, which is consistent with

surrounding land along Clemson Boulevard.
Tagged Passions:Clemson, zoning, and commercial

In addition, the City of Anderson owns a small 0.01 acres triangular-shaped piece of property at the corner of Clemson Boulevard and Fritz Drive, and

it is an appropriate time to annex this parcel as well. It was deeded to the City to ensure adequate sight distance when Fritz Drive was constructed.
Tagged Passions:Clemson, streets, property, and annexation

The Planning Commission will consider this request at their September 3rd meeting.

Tagged Passions:planning and boards and commissions

A motion by Councilman Chapman seconded by Councilman Jeff Roberts carried unanimously (9- 0) to approve a referral to the Planning Commission a

petition to annex and zone to GC, General Commercial, 0.4 acres located at 3526 Clemson Boulevard, and an adjacent 0.01 acres located at the corner of Clemson Boulevard and Fritz Drive.
Tagged Passions:planning, Clemson, boards and commissions, streets, commercial, and annexation

REQUEST CONSIDERATION TO PURCHASE A BUS FOR THE TRANSIT DEPARTMENT

Tagged Passions:Public Transit and purchasing

Transit Director, Keith Scott said the Transit Department requests approval to purchase a new CNG (Compressed Natural Gas), 35 ft. low floor bus for

regular service routes.
Tagged Passions:Public Transit, natural gas, and purchasing

The City Transit system has eight buses in its fleet. An Invitation for Bid was advertised in June 2015 with Creative Bus Sales/El Dorado National

being the only bidder. This purchase is part of the City s bus replacement plan. The 35 ft. CNG bus will replace a 2006 El Dorado National 40 ft. low floor bus that has met its FTA useful life of twelve years and has 388,000 miles.
Tagged Passions:rfp, RFP, sale, Public Transit, advertising, and purchasing

By replacing one bus that has met its useful life, maintenance cost will be reduced and air quality will be improved in our community. The City of

Anderson is the only system in SC to operate CNG transit buses. Fuel costs will also be reduced by using natural gas. Natural gas fuel is available at the Piedmont Natural Gas CNG station on 28 By-Pass.
Tagged Passions:Public Transit and natural gas

The total cost of this bus is 490,457. Federal Transit Administration (FTA) grant funds will pay 85 of 490,457 or 416,888 on the Bus. Volkswagen EMT

Settlement Funds from SC will pay the local match of 15 or 73,569 on the Bus. There will be no local cost to the City. All FTA Volkswagen EMT Settlement Funds from SC have been approved and are available for use.
Tagged Passions:funding, grant, Public Transit, and settlement

A motion by Councilman Harbin seconded by Councilman Laughridge carried unanimously (9-0) to approve the purchase of a CNG (Compressed Natural Gas),

35 ft. low floor bus in the amount of 490,457. The Federal Transit Administration (FTA) grant funds will pay 85 - 416,888. The Volkswagen EMT Settlement Funds from SC will pay the local match of 15 - 73,569. There will be no local cost to the City.
Tagged Passions:funding, grant, Public Transit, natural gas, purchasing, and settlement

Council Meeting 8/26/2019 4

REQUEST CONSIDERATION TO PURCHASE A VEHICLE AND EQUIPMENT TRAILER FOR THE PUBLIC WORKS DIVISION

Tagged Passions:equipment, purchasing, Public Works, and public works

Signal and Sign Director, Jim Simes said the Public Works Division request approval to purchase a 2016 Ford F650 Dump truck ( 55,000) and a Big Tex

equipment trailer ( 5,000) for the Public Works Division.
Tagged Passions:equipment, transportation, purchasing, Public Works, and public works

In the 2019/2020 budget Council approved funding to replace capital equipment in the Public Works Division. The Street Department specifically

requested replacing two GMC dump trucks (1991 and 1995). A local construction company, Chermack Construction, Inc, has a used 2016 F650 dump truck with a 2015 Big Tex (8x25) equipment trailer for sale. The F650 is in excellent condition, with approximately 2,800 original miles, and it has 3 years factory warranty remaining on the engine and transmission. Fleet Maintenance staff has driven and inspected this truck. The cost of a comparable 2019 dump truck is approximately 83,500.
Tagged Passions:funding, construction, equipment, council, streets, budget, sale, transportation, Public Works, and public works

The truck and trailer will be used daily to haul material and equipment to various Public Works projects, and will replace a 1991 GMC dump truck that

will be sold on GovDeals.
Tagged Passions:equipment, transportation, Public Works, and public works

The vehicle and equipment trailer will be purchased by the Capital Replacement Fund.

Tagged Passions:equipment and purchasing

A motion by Council Member Thompson seconded by Councilman John Roberts carried unanimously (9-0) to approve the purchase a 2016 Ford F650 and a 2015

Big Tex equipment trailer in the amount of 60,791 from Chermack Construction, Inc.
Tagged Passions:construction, equipment, council, and purchasing

REQUEST CONSIDERATION OF ORDINANCE 19-10 AMENDING SECTION 42-263(2) OF THE CITY CODE TO PROVIDE FOR THE PROHIBITION OF SMOKING IN PUBLIC PLACES

Tagged Passions:ordinance, Smoking, and smoking

Assistant City Manager, Andrew Strickland said the City s Code currently prohibits smoking in all healthcare facilities that have opted to be

smoke-free pursuant to South Carolina law, and in City facilities. In addition, the proposed ordinance would prohibit smoking and the use of e-cigarettes within all City parks and facilities, and within 25 feet of the sidewalks and street rights-of-way on Main Street between Greenville Street on the north, and Franklin Street on the south.
Tagged Passions:ordinance, streets, healthcare, parks, administrator, manager, Smoking, e-cigarette, Pedestrian, E-CIGARETTE, tobacco, and smoking

The proposed ordinance would not require a business to prohibit smoking; however, outdoor seating areas on or within 25 feet of Main Street sidewalks

would be required to be smoke free, regardless of whether the business allows or prohibits smoking.
Tagged Passions:ordinance, business, streets, Smoking, Pedestrian, and smoking

Businesses outside of the boundaries listed in this ordinance would not be affected.

Tagged Passions:ordinance and business

The ordinance would take effect on November 1, 2019.

Tagged Passions:ordinance

Council Meeting 8/26/2019 5

A motion by Mayor Pro Tem Stewart seconded by Councilman Newton carried unanimously (9- 0) to approve Ordinance 19-10 amending Section 42-263(2) of

the City Code to provide for the prohibition of smoking in public places on First Reading.
Tagged Passions:ordinance, Smoking, and smoking

ADMINISTRATIVE BRIEFING

UPCOMING EVENTS

Tagged Passions:events

City Manager, David McCuen reminded Council of the following upcoming events and meetings in August and September 2019.

Tagged Passions:council, events, administrator, and manager

August 27th Recreation Volunteer Appreciation/Hall of Fame August 29th Block Party September 1st Celebrate Anderson September 2nd City Offices Closed

September 9th Council Meeting September 12th Anderson County Municipal Association Meeting
Tagged Passions:volunteer and recreation

Mayor Pro Tem Stewart extended his appreciation for all City Staff that participated and helped make the Greeley Park Back to School Bash as success.

Tagged Passions:parks and education

ADJOURNMENT

A motion by Councilman Newton seconded by Councilman Laughridge carried unanimously (9-0) to adjourn.

ATTEST:

___________________________ ___________________________ Terence V. Roberts Margot B. Martin Mayor City Clerk Treasurer

Tagged Passions:Treasurer and TREASURER

Date: September 9, 2019 Agenda Item No: A-1

City of Anderson Council Agenda

Title/Description: Old Business

Tagged Passions:business

Request: Second reading of Ordinance 19-09 to amend the Zoning Ordinance as it relates to Small Wireless Facilities.

Tagged Passions:ordinance, zoning, wireless, and Wireless

________________________________________________________________________ Executive Summary:

Background: New technology, involving small wireless facilities is becoming more prevalent in cities across the country and in South Carolina as

well. This involves a denser network of antennas located at street level to supplement and communicate with traditional cell towers. These antennas are typically attached to existing utility poles or buildings, but most often, they are visible along public rights-of-way.
Tagged Passions:streets, utility, Utility, cell tower, Cell tower, Technology, technology, wireless, Wireless, and pole

Because regulations are necessary to address this technology, the City Council saw the need to adopt new guidelines. Using the Municipal Association

of South Carolina s (MASC) model ordinance as a guide, the Council provided valuable insight during work sessions and with input from staff, the Planning Commission and the telecommunications industry, guidelines that meet local needs have been developed.
Tagged Passions:planning, regulation, ordinance, council, boards and commissions, Telecommunications, Technology, telecommunications, and technology

A few revisions were made during the most recent work session and Council meeting on August 26th, and those changes were added in the attached

guidelines. Most of the changes were made to keep timeframes for the approval process practical and consistent, along with co-location clarification and details regarding performance bonds.
Tagged Passions:bond and performance

Benefit: To provide enhanced wireless communication technology in rights-of-way, while addressing location, appearance and the overall process for

permitting.
Tagged Passions:Technology, communications, technology, Communications, wireless, and Wireless

Recommendation: Approval. The City Council approved this request on first reading (with revisions) at the August 26th meeting.

Tagged Passions:council

______________________________________________________________________ Action Requested:

Ordinance 1st Reading Information Only

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X Ordinance 2nd Reading General Approval

Tagged Passions:ordinance

Resolution ___ _Referral

ORDINANCE NO. _19-09___

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AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF ANDERSON TO AMEND ARTICLE 14 OF THE CITY OF ANDERSON ZONING ORDINANCE TO ADD SECTION 14.21

ENTITLED SMALL WIRELESS FACILITIES , IN ACCORDANCE WITH THE SOUTH CAROLINA COMPREHENSIVE PLANNING ENABLING ACT.
Tagged Passions:planning, ordinance, council, zoning, wireless, and Wireless

WHEREAS, the City of Anderson Zoning Ordinance requires refinements be made as necessary to maintain its effectiveness and efficiency, and

Tagged Passions:ordinance, zoning, and government efficiency

WHEREAS, the City of Anderson encourages wireless infrastructure investment and wishes to provide a fair and predictable process for the deployment

of Small Wireless Facilities while managing public rights-of-way in a manner that promotes the interests of the public health, safety and welfare, and
Tagged Passions:health, investment, wireless, and Wireless

WHEREAS, the City recognizes that Small Wireless Facilities including facilities commonly referred to as small cell and distributed antenna systems

are critical to delivering wireless access to advanced technology, broadband, and 9-1-1 services to residences, businesses and schools within the City of Anderson, and
Tagged Passions:recognition, business, 911, cell tower, Cell tower, services, Technology, technology, education, Internet Access, wireless, distributed antenna system, Wireless, and Distributed antenna system

WHEREAS, the City of Anderson recognizes that Small Wireless Facilities together with high capacity transport medium such as fiber optic cabling may

be effectively deployed in public rights-of-way, and
Tagged Passions:recognition, Telecommunications, telecommunications, wireless, cabling, and Wireless

WHEREAS, this Ordinance is intended to grant municipal consent to use of public rights-of-way and establish a standard application process to

streamline the issuance of necessary permits in a manner that is not a barrier to competition, and does not unnecessarily delay the implementation and installation of Small Wireless Facilities.
Tagged Passions:grant, ordinance, wireless, and Wireless

NOW, THEREFORE, BE IT KNOWN BY THE MAYOR AND COUNCIL OF THE CITY OF ANDERSON THAT UPON REVIEW OF THE CITY OF ANDERSON ZONING ORDINANCE, AND UPON

CONSIDERATION OF PUBLIC INPUT, AMENDMENTS TO SECTION 14 OF THE CITY OF ANDERSON ZONING ORDINANCE ARE HEREBY ACCEPTED.
Tagged Passions:ordinance, council, and zoning

1. The amendment to the City of Anderson Zoning Ordinance, Section 14.21, is attached to and made part of this Ordinance.

Tagged Passions:ordinance and zoning

2. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed to the extent of such

inconsistency or conflict.
Tagged Passions:ordinance

3. This ordinance shall take effect immediately upon its adoption by the City Council of the City of Anderson.

Tagged Passions:ordinance and council

1

14.21 Small Wireless Facilities Section 1. Definitions. Antenna means communication equipment that transmits or receives electromagnetic radio

frequency signals used in the provision of Wireless Services.
Tagged Passions:equipment, radio, services, communications, Communications, wireless, and Wireless

Applicable Codes means uniform building, energy, electrical, plumbing, mechanical,

Tagged Passions:energy

gas, and fire codes in Title 6, Chapter 9 of the South Carolina Code of Laws, local amendments to

Tagged Passions:building codes

those codes authorized by state law, and local codes or ordinances which impose requirements

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defined in Section 5 of this Ordinance including objective design and concealment standards to

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regulate location, context, material, color, stealth and concealment standards on a uniform and

nondiscriminatory basis.

Applicant means any person who submits an Application to a City and is a Wireless

Tagged Passions:wireless and Wireless

Services Provider or a Wireless Infrastructure Provider.

Tagged Passions:services, wireless, and Wireless

Application means a request submitted by an Applicant for a permit to (i) Collocate

Small Wireless Facilities; or, (ii) construct, install, maintain, operate, replace or modify a Utility

Tagged Passions:utility, Utility, wireless, and Wireless

Pole or Wireless Support Structure.

Tagged Passions:wireless, Wireless, and pole

Cable, Communications, Fiber or Electric Easement means an easement, granted to a cable or video service provider, a communications service provider

(including without limitation
Tagged Passions:grant, Telecommunications, electric, telecommunications, communications, Communications, and easement

a telephone utility), a fiber optics cable services provider, or an electric services provider created

Tagged Passions:utility, Utility, Telecommunications, services, electric, and telecommunications

or authorized by state law to provide such services, that runs parallel to and abuts or within a

Tagged Passions:services

Rights-of-Way and is occupied by existing Utility Poles or Wireless Support Structures carrying

Tagged Passions:utility, Utility, wireless, Wireless, and pole

electric distribution lines, wires, cable, conduit, fiber optic cable for telecommunications, cable or

Tagged Passions:Telecommunications, electric, and telecommunications

electric service or supporting municipal street lights, or security lights. The term Cable,

Tagged Passions:streets, security, electric, streetscape, and traffic

Communications, Fiber or Electric Easement excludes easements for service drops or lines

Tagged Passions:Telecommunications, electric, telecommunications, communications, Communications, and easement

connecting the customer s premises to the cable, communications, fiber or electrical provider.

Tagged Passions:Telecommunications, telecommunications, communications, and Communications

City-Owned Pole means (i) a Utility Pole owned or operated by the City in Covered

Tagged Passions:utility, Utility, and pole

Areas, including a Utility Pole that provides lighting or traffic control functions, or other law

Tagged Passions:utility, Utility, pole, and traffic

enforcement functions, including light poles, traffic signals, and structures for signage, and (ii) a

Tagged Passions:advertising, signage, pole, and traffic

pole or similar structure owned or operated by the City in a Covered Area that supports only

Tagged Passions:pole

Wireless Facilities. The term does not include a Utility Pole owned or operated by and accounted

Tagged Passions:utility, Utility, wireless, Wireless, and pole

for as an asset of a municipal electric utility.

Tagged Passions:utility, Utility, and electric

2

Collocate means to install, mount, maintain, modify, operate, or replace one or more

Wireless Facilities on, under, within, or adjacent to an existing Wireless Support Structure or

Tagged Passions:wireless and Wireless

Utility Pole located in Covered Areas within the jurisdiction of the City. Collocation has a

Tagged Passions:utility, Utility, and pole

corresponding meaning.

Covered Areas means the surface of, and the space above and below, any public Rights- of-Way, ROW, City Rights-of-Way, Public Rights-of-Way, and/or

Cable,

Communications, Fiber or Electric Easement as those terms are defined herein.

Tagged Passions:Telecommunications, electric, telecommunications, communications, Communications, and easement

Day means calendar day unless the last day for the City or an Applicant to take action

under this Ordinance ends on a weekend, holiday, or time when all but City emergency services

Tagged Passions:ordinance, services, emergency, and holiday

are closed due to weather or some unforeseen situation.

Decorative Pole means a Utility Pole specially designed and placed for aesthetic

Tagged Passions:utility, Utility, and pole

purposes and on which no appurtenances or attachments, other than specially designed

informational or directional signage or a temporary holiday or special event attachments, have

Tagged Passions:advertising, signage, events, and holiday

been placed or are permitted to be placed according to nondiscriminatory municipal practices.

Design District means an area that is zoned, or otherwise designated by municipal ordinance, and for which the City maintains and enforces unique

design and aesthetic standards
Tagged Passions:ordinance and zoning

on a uniform and nondiscriminatory basis.

Fee means a one-time charge. Historic District means an area that is zoned or otherwise designated as a Historic District under municipal, state or

federal law and for which the City maintains and enforces unique
Tagged Passions:historic and zoning

design and aesthetic standards on a uniform and nondiscriminatory basis.

Micro Wireless Facility means a Small Wireless Facility that meets the following qualifications: (i) is not larger in dimension than 24 inches in

length, 15 inches in width, and 12
Tagged Passions:facility, wireless, and Wireless

inches in height; and, (ii) any exterior antenna is no longer than 11 inches.

Person means an individual, corporation, limited liability company, partnership,

association, trust, or other entity or organization, including the City.

Rate means a recurring charge.

Rights-of-Way or ROW or City Rights-of-Way or Public Rights-of-Way means

that area on, below, or above a public roadway, highway, street, sidewalk, alley dedicated to,

Tagged Passions:streets and Pedestrian

managed or controlled by the City, County or the State of South Carolina, but not including a

federal interstate highway, in the City.

Tagged Passions:transportation

3

Small Wireless Facility means a Wireless Facility that meets both of the following

Tagged Passions:facility, wireless, and Wireless

qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in

volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed

elements could fit within an imaginary enclosure of not more than six (6) cubic feet; and (ii) all

other wireless equipment associated with the facility is cumulatively no more than twenty-eight

Tagged Passions:equipment, facility, wireless, and Wireless

(28) cubic feet in volume. The following types of associated ancillary equipment are not included

Tagged Passions:equipment

in the calculation of equipment volume: electric meter, concealment elements, telecommunications

Tagged Passions:equipment, Telecommunications, electric, and telecommunications

demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off

Tagged Passions:equipment

switch, and vertical cable runs for the connection of power and other services.

Tagged Passions:services

Transmission Pole means a pole or similar structure that is used in whole or in part to

Tagged Passions:pole

carry electric transmission (as opposed to distribution) lines.

Tagged Passions:electric

Underground District means an area that is designated by ordinances, zoning

Tagged Passions:ordinance and zoning

regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit

Tagged Passions:regulation

installing above ground structures in a Covered Area and for which the City maintains and enforces

standards on a uniform and nondiscriminatory basis.

Utility Pole means a pole or similar structure that is used in whole or in part for the

Tagged Passions:utility, Utility, and pole

purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or

Tagged Passions:Telecommunications, electric, and telecommunications

electric service, or for lighting, traffic control devices, traffic control or directional signage, or a

Tagged Passions:advertising, signage, electric, and traffic

similar function regardless of ownership, including City-Owned Poles. Such term shall not include

Tagged Passions:pole

structures supporting only Wireless Facilities, nor shall it include Wireless Support Structures. Wireless Facility means equipment at a fixed

location that enables Wireless Services
Tagged Passions:equipment, facility, services, wireless, and Wireless

between user equipment and a communications network, including: (i) equipment associated with

Tagged Passions:equipment, communications, and Communications

wireless communications; (ii) radio transceivers, Antennas, coaxial or fiber-optic cable, regular

Tagged Passions:radio, Telecommunications, telecommunications, communications, Communications, wireless, and Wireless

and backup power supplies, and comparable equipment, regardless of technological configuration.

Tagged Passions:equipment

The term includes Small Wireless Facilities. The term does not include the structure or

Tagged Passions:wireless and Wireless

improvements on, under, or within which the equipment is Collocated, wireline backhaul facilities,

Tagged Passions:equipment

coaxial or fiber optic cable that is between Wireless Support Structures or Utility Poles or coaxial

Tagged Passions:utility, Utility, Telecommunications, telecommunications, wireless, Wireless, and pole

or fiber optic cable that is otherwise not immediately adjacent to, or directly associated with, an

Tagged Passions:Telecommunications and telecommunications

Antenna.

Wireless Infrastructure Provider means any Person including a Person authorized to provide telecommunications service in the State, that builds,

installs or maintains Utility Poles,
Tagged Passions:utility, Utility, Telecommunications, telecommunications, wireless, Wireless, and pole

4

wireless communication transmission equipment, Wireless Facilities or Wireless Support

Tagged Passions:equipment, communications, Communications, wireless, and Wireless

Structures.

Wireless Services means any services provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or

mobile, delivered to the public using
Tagged Passions:Telecommunications, services, telecommunications, license, wireless, and Wireless

Wireless Facilities.

Tagged Passions:wireless and Wireless

Wireless Services Provider means a Person who provides Wireless Services.

Tagged Passions:services, wireless, and Wireless

Wireless Support Structure means a freestanding structure, such as a monopole or, other

Tagged Passions:wireless and Wireless

existing or proposed structure designed to support or capable of supporting Wireless Facilities.

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Such term shall not include a Utility Pole.

Tagged Passions:utility, Utility, and pole

Section 2. Purpose and Scope. (a) The purpose of this Ordinance is to provide policies and procedures for the placement of Small Wireless Facilities

in Covered Areas within the jurisdiction of the City.
Tagged Passions:ordinance, procedure, wireless, and Wireless

(b) It is the intent of this Ordinance to establish uniform standards including, but not

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limited to:

(i) Prevention of interference with the use of streets, sidewalks, alleys, parkways,

Tagged Passions:streets and Pedestrian

traffic light poles or other light poles, and other public ways and places;

Tagged Passions:pole and traffic

(ii) Prevention of visual and physical obstructions and other conditions that are

hazardous to vehicular and pedestrian traffic;

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(iii) Prevention of interference with other facilities and operations of facilities

lawfully located in Covered Areas or public property;

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(iv) Preservation of the character of neighborhoods where facilities are installed;

Tagged Passions:preservation and neighborhood

(v) Preservation of the character of historic structures, or historic neighborhoods,

Tagged Passions:historic, preservation, and neighborhood

including but not limited to such structures or neighborhoods listed on the National

Tagged Passions:neighborhood

Register of Historic Places or locally designated Historic Districts; and,

Tagged Passions:historic

(vi) Facilitation of the rapid deployment of Small Wireless Facilities to provide the

Tagged Passions:wireless and Wireless

citizens with the benefits of advanced Wireless Services.

Tagged Passions:services, wireless, and Wireless

Section 3. Permitted Use; Application Process and Fees.

(a) Permitted Use and Consent. Collocation of a Small Wireless Facility on an

Tagged Passions:facility, wireless, and Wireless

existing Utility Pole or Wireless Support Structure, or a new or modified Utility

Tagged Passions:utility, Utility, wireless, Wireless, and pole

Pole or Wireless Support Structure installed in a Covered Area shall be a permitted

Tagged Passions:wireless, Wireless, and pole

5

use, except in supplemental review districts where such facilities are a conditional

use, subject to administrative review, conditions and other requirements in Section

5. In accord with Article VIII, Section 15 of the State Constitution and related

municipal code and ordinance provisions, the City consents to the use of Public

Tagged Passions:ordinance

Rights-of-Way by permit holders acting in compliance with this Ordinance.

Tagged Passions:ordinance and compliance

(b) Permit Required. No person shall place a Small Wireless Facility in a Covered

Tagged Passions:facility, wireless, and Wireless

Area without first filing a Small Wireless Facility Application and obtaining a permit, except as

Tagged Passions:facility, wireless, and Wireless

otherwise provided in this Ordinance.

Tagged Passions:ordinance

(c) Permit Applications. All Small Wireless Facility Applications filed pursuant to this

Tagged Passions:facility, wireless, and Wireless

Ordinance shall be on a form, paper or electronic, as required by the City. The Applicant may

Tagged Passions:ordinance

designate portions of its Application materials that it reasonably believes contain proprietary or

Tagged Passions:materials

confidential information as proprietary or confidential by clearly marking each page of such

materials accordingly, and the City shall endeavor to protect materials so designated from public

Tagged Passions:materials

disclosure to the fullest extent permitted by state law.

(d) Application Requirements. The Small Wireless Facility permit Application shall

Tagged Passions:facility, wireless, and Wireless

be made by the Applicant, or its duly authorized representative as noted in a notarized statement

from a Person with the Applicant with authority to make such an authorization, and shall contain

the following:

(i) The Applicant s name, address, telephone number and e-mail address;

(ii) Facility owner s name, address, telephone number and email address, if

Tagged Passions:facility

different from Applicant;

(iii) Intended facility use: owner operated or owner leased capacity;

Tagged Passions:facility and leasing

(iv) The names, addresses, telephone numbers, and e-mail addresses of all

consultants, if any, acting on behalf of the Applicant with respect to the filing of

Tagged Passions:services

the Application;

(v) A general description of the proposed scope of work for the Collocation of the

Small Wireless Facility. The scope and detail of such description shall be

Tagged Passions:facility, wireless, and Wireless

appropriate to the nature and character of the work to be performed, with special

emphasis on those matters, including but not limited to sub-surface utilities, likely to be affected or impacted by the work proposed;

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(vi) Identification of any consultant that is acting on behalf of the Applicant and

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that is authorized to speak with the City, or a designee of the City, on the area of


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