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The county reserves the right to deny the use of any or all county property by any or all applicants for siting locations. Consideration of property located within county rights-of-way is subject to the provisions of Title 13 SCC, in addition to all applicable requirements of this chapter. Consideration of the use of other property that is owned or otherwise controlled by the county through rent, lease, easement, etc., will be the following:

(1) The placement of personal wireless service facilities on county property shall comply with the following special requirements in addition to all applicable requirements of this chapter:

(a) The custodial department, as set forth in chapter 4.46 SCC, has reviewed and made a recommendation regarding the proposed personalized wireless service facilities to be located on county property, and this recommendation has been forwarded to the department of facilities and fleet;

(b) The facilities will not interfere with the purpose for which the county property is intended;

(c) The applicant is to obtain liability insurance in an amount and form approved by the county;

(d) The applicant will submit a performance security acceptable to the county to cover the costs of removing the facilities in accordance with chapter 30.84 SCC;

(e) The facilities will not interfere with other users who have a higher priority as discussed under SCC 30.28A.120;

(f) The applicant must reimburse the county for any related costs that the county incurs because of the presence of the applicant’s facilities;

(g) The applicant may be required to pay rent to license or lease county property for a personal wireless service facility;

(h) The applicant must obtain all necessary right-of-way permit, land use permit, and building permit approvals; and

(i) The applicant must execute a written license or lease agreement with the county that sets forth the terms under which the applicant may use the county property.

(2) The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met:

(a) Personal wireless service facilities shall not be allowed in designated critical areas unless they are located on existing facilities.

(b)  Personal wireless service facilities may only be located in public parks if screening as regulated in SCC 30.28A.180 minimizes visual and noise impacts, and normal public use will not be disrupted as approved by the director of the department of conservation and natural resources.

(c) Personal wireless service facilities may be located in park maintenance facilities. (Added by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-011 § 27, Mar. 21, 2018, Eff date May 20, 2018; Amended by Ord. 19-013, May 8, 2019, Eff date May 19, 2019; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).