(a)

The town has the authority to regulate the placement, construction, and modification of towers, antenna support structures, and telecommunications facilities.

(b)

The Federal Communications Act of 1996 (referred to as "the Act"), grants the Federal Communications Commission exclusive jurisdiction over the following:

(1)

The regulation of the environmental effects of radio frequency emissions from telecommunications facilities.

(2)

The regulation of radio signal interference among users of the radio frequency spectrum.

(3)

The town's regulation of towers and telecommunications facilities cannot have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.

(Ord. of 10-11-2011(3), § 2)

(a)

The general purpose of this article is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, and not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the town.

(b)

Specifically, the purposes of this article are to:

(1)

Facilitate the provision of wireless telecommunications services to the residents and businesses of the town in an orderly fashion;

(2)

Regulate the location of towers and telecommunications facilities in the town;

(3)

Protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;

(4)

Minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

(5)

Promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

(6)

Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound;

(7)

Ensure that towers and telecommunications facilities are compatible with surrounding land uses;

(8)

Promote the location of new telecommunications facilities in the following order:

a.

Collocation on existing towers;

b.

Location on new towers or antenna support structures in the U.S. Route 29 corridor described in section 86-674(b)(2);

c.

The location on antenna support structures or towers using stealth techniques as described in section 86-674(b)(4).

(Ord. of 10-11-2011(3), § 2)

Specific words, terms and phrases, used in this article, shall have the meanings ascribed to them in article II, section 86-24, definitions, telecommunications facilities.

(Ord. of 10-11-2011(3), § 2)

(a)

No tower or telecommunications facility shall be constructed, installed or operated within the town except as permitted pursuant to this article.

(b)

A tower and associated telecommunications facilities shall be a permitted use of land with a special use permit issued by the town council pursuant to the provisions of section 86-7 only in the following areas in the town:

(1)

The M (industrial) zoning district.

(2)

All land, regardless of the zoning district in which it lies, lying in a corridor 200 feet in width contiguous with the right-of-way of U.S. Route 29 By-Pass such 200-foot wide corridor being bounded on the south by the northern right-of-way of Lynch Mill Road (State Route 714) and on the north by the northern corporate limits of the town.

(3)

Land owned by the town adjacent to the water tank on Melinda Drive. (Collocation on existing towers only.)

(4)

Land owned by any local governing body and the antennae support structure owned and used by the local governing body regardless of the zoning district.

(5)

Except as provided in subsection (b)(2) of this section, antenna support structures or towers employing stealth techniques to camouflage the same so that the presence of telecommunications facilities are not apparent to common observation shall be a permitted use with a special use permit in any zoning district as a telecommunications facility, including small equipment cabinets located in or on the antenna support structure or on the ground immediately adjacent to a telecommunications facility, provided that they do not exceed 72 cubic feet above ground, and six feet in height.

(c)

Existing towers are exempt from the maximum height restrictions of the districts where located. New towers shall not exceed a maximum height of 100 feet in any district unless the town council approves a special use permit authorizing a maximum height in excess of such limits. If such a special use permit is granted, the town council may increase the fall zone, setbacks and buffers accordingly.

(d)

The town may authorize the use of town property in accordance with the procedures of the town charter and Code. The town shall have no obligation whatsoever to use town property for such purposes.

(e)

No new tower shall be constructed in the town unless such tower, including the ground area for associated telecommunications facilities, is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the applicant's telecommunications facilities. For purposes of this section, the "applicant's telecommunications facilities" shall mean those installed within six months of completion of tower construction. These provisions are encouraged for, but need not apply to, towers no greater than 50 feet in height.

(f)

An application to construct a tower and/or install telecommunications facilities in the town shall include the following information:

(1)

The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent and the name, address, telephone number of the owner, shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions in section 86-670 regarding abandonment.

(2)

The legal description, valuation map number, and address of the parcel of land upon which the tower is to be situated.

(3)

The names, addresses, and telephone numbers of all tower owners with existing towers or usable antenna support structures or persons holding a special use permit to construct a tower or antenna support structure within the corporate limits of the town, including town-owned property.

(4)

Written documentation that the applicant made diligent, but unsuccessful, efforts for permission to install or collocate the applicant's telecommunications facilities on existing towers or usable antenna support structures located or to be located pursuant to pending construction within the corporate limits of the town.

(5)

Written documentation that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on existing or proposed towers, and their ground area, or usable antenna support structures owned by other persons located within the corporate limits of the town.

(6)

Written, technical evidence from a radio frequency engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structure located within the corporate limits of the town and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.

(7)

Written, technical evidence from a structural engineer that the proposed structure meets the standards set forth in this article, including but not limited to the requirements set forth in subsection (e) of this section.

(8)

Written, technical evidence from an electrical engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

(9)

A map of the town and the first one-half mile of all bordering communities showing the design of the applicant's entire existing or proposed wireless telecommunications network. Such map shall, at minimum, indicate the general location of all proposed or existing tower and antenna sites, their dimensions, specifications, and signal area coverage.

(10)

Color photo simulations showing the proposed site of the tower with a photorealistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.

(11)

An application fee that represents the site development plan fee and special use fee otherwise required. The town reserves the right to employ an outside consultant to review any application. The applicant shall reimburse the town for the reasonable expenses related to such review as an additional application fee.

(12)

A site plan, including a description of the lot lines, setbacks, location of adjacent structures, proposed location of the tower, separation distances, proposed tower height, landscaping, screening, access, parking, and security.

(13)

An acknowledgment that the applicant currently complies and will continue to comply with all FCC standards, including reporting requirements regarding radio frequency emissions.

(14)

When seeking approval of a telecommunication tower or facility, the applicant shall furnish written documentation that:

a.

The proposed tower is reasonably necessary to serve an adjacent residential area or areas.

b.

Any variance sought is the minimum necessary to address the need for the variance, subsequent to exploring all reasonable siting alternatives.

c.

The location of the tower in relation to the existing structures, trees and other visual buffers shall minimize, to the greatest extent reasonably practicable under the circumstances, any impact on affected residentially zoned property.

d.

The location of the tower will not have a significant detrimental impact on adjacent property values.

e.

Any other factors that the applicant deems to be relevant to the town's consideration of a tower or facility site.

(g)

All information submitted with an application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an application. The town shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, state, or local law.

(Ord. of 10-11-2011(3), § 2; Ord. of 5-9-2017(9), § 1)

(a)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(Ord. of 10-11-2011(3), § 2)

In order to ensure that the town's public safety radio services will be free from harmful or destructive interference, all applicants requesting a permit to site a tower or telecommunications facilities must:

(1)

Demonstrate compliance with good engineering practices;

(2)

Provide the town a copy of all intermodulation studies submitted to the FCC;

(3)

Not induce harmful or destructive interference to the town's public safety radio services;

(4)

Comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference; and

(5)

In the case of collocation of telecommunications facilities either in the same location or on the same tower as the town's, comply with FCC emissions requirements and not radiate any RFI or any electromagnetic interference that may interfere with the town's public safety radio services.

(Ord. of 10-11-2011(3), § 2)

(a)

Setbacks.

(1)

All towers and any telecommunications facilities shall be set back on all sides a distance equal to the underlying building setback requirement in the applicable zoning district, except that all towers in residential zoning districts shall be set back from all adjacent property lines a distance equal to the tower height. When a tower is located in a commercial district or industrial district, the tower shall be located a distance at least equal to twice the height of the tower from any residential district.

(2)

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel on which it is located.

(b)

Fall zones.

(1)

Every tower shall be designed to fall within the boundaries of the parcel on which the tower is located. The applicant shall submit written certification and supporting documentation from a structural engineer that a tower proposed for a residential area will fall within the specified fall zone. In the case of towers located in industrial areas that are specified and certified by a structural engineer to be collapsible or incapable of failure, the building commissioner may reduce the fall zone accordingly.

(2)

In those instances in which there is a conflict between the required setback and the required fall zone, the greater distance shall apply.

(Ord. of 10-11-2011(3), § 2)

(a)

Towers shall be separated from all residences irrespective of zoning classification by a minimum distance equal to the height of the proposed tower.

(b)

Tower separation distances for the purpose of compliance with this article shall be measured from the base of a tower to the closest point of a designated area. The minimum tower separation distance shall be calculated and applied irrespective of town and county jurisdictional boundaries.

(Ord. of 10-11-2011(3), § 2)

Measurement of tower height for the purpose of determining compliance with all requirements of this article shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend over the top of the tower structure itself. Tower height shall be measured from grade.

(Ord. of 10-11-2011(3), § 2)

Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Upon construction of a tower, in cases where there are residential uses located within a distance equal to the height of the tower from the tower, and when required by federal law, dual mode lighting shall be required from the FAA.

(Ord. of 10-11-2011(3), § 2)

Towers not requiring FAA painting or marking shall be painted a neutral color. (A galvanized finish is considered a neutral color.)

(Ord. of 10-11-2011(3), § 2)

All landscaping on parcels containing towers, antenna support structures, or telecommunications facilities shall be designed to screen the tower, antenna support structure, and telecommunications facilities to a height of at least six feet from grade. This requirement may be waived at the discretion of the zoning administrator if the base of the tower and facilities to be screened are not located in and not visible from any business or residential districts or visible from public streets. All landscaping must be continually maintained in a healthy and attractive manner.

(Ord. of 10-11-2011(3), § 2)

All towers must be reasonably posted and secured to protect against trespassers.

(Ord. of 10-11-2011(3), § 2)

All parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site.

(Ord. of 10-11-2011(3), § 2)

(a)

All new towers shall be designed by a structural engineer and shall be certified by such engineer to be structurally sound and in conformance with the requirements of all applicable building codes and all other applicable construction standards, local, state and federal. For new monopole towers, such certification shall be submitted with an application pursuant to section 86-674(f) and every five years thereafter; for existing monopole towers, such certification shall be submitted within 60 days of the effective date of the ordinance from which this chapter is derived, and then every five years thereafter; for new lattice or guyed towers, such certification shall be submitted with an application pursuant to section 86-674(f) and every two years thereafter; and for existing lattice or guyed towers, such certification shall be submitted within 60 days of the effective date of the ordinance from which this chapter is derived, and then every two years thereafter. The tower owner may be required by the town to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(b)

The town and its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required in this section, to inspect the tower for the purpose of determining whether it complies with the statewide building code and all other construction standards, local, state and federal.

(c)

The town reserves the right to conduct such reasonable and necessary inspections, upon reasonable notice to the tower owner. All expenses by the town related to such inspections shall be borne by the owner if any unresolved defects exist.

(d)

The tower or telecommunication facilities owner shall certify to the town on an annual basis that it is in compliance with all of the requirements of this article, including the requirements set forth in section 86-686.

(Ord. of 10-11-2011(3), § 2)

(a)

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b)

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electrical Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

(c)

All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that such towers, facilities, and structures shall not menace or endanger the life or property of any person.

(d)

All telecommunications facilities shall maintain compliance with current radio frequency emission standards of the FCC.

(e)

If the use of a tower is discontinued by the tower owner, or if a tower owner files notice of the FCC of its intent to cease operating, the tower owner shall provide a written notice to the town of its intent to discontinue use and the date when the use shall be discontinued.

(Ord. of 10-11-2011(3), § 2)

All towers and telecommunications facilities except as provided in subsection 86-674(b)(4) in commercial and residential districts shall be of stealth design.

(Ord. of 10-11-2011(3), § 2)

(a)

Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure at least 30 feet tall, and if stealth techniques are applied, as provided in subsection 86-674(b)(4), such telecommunications facilities may be installed regardless of the zoning district where the antenna support structure is located. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with such antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. Telecommunications facilities are prohibited on all other structures.

(b)

The owner of such antenna support structure and/or telecommunications facilities shall, by written certification, graphic representation, and detailed plans to the technical review committee, verify that:

(1)

The antenna support structure and telecommunications facilities comply with the statewide building code;

(2)

Any telecommunications facilities and their appurtenances, located upon the roof of an antenna support structure, are set back a distance at least equal to the height of the telecommunications facilities. However, this setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the roof of an antenna support structure, if such facilities are appropriately screened from view through the use of screening techniques that are compatible with the surrounding built environment and approved by the town. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the roof, but which do not protrude more than 24 inches from the side of such an antenna support structure; and

(3)

All applicable standards of this article are being met.

(Ord. of 10-11-2011(3), § 2)

(a)

An existing tower may be modified or demolished and rebuilt to accommodate collocation of additional telecommunications facilities as follows:

(1)

Application for a permit shall be made to the zoning administrator who shall have the authority to issue a permit without further approval by the town council.

(2)

The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the lesser of the height of the existing tower or the maximum height for towers allowed under this article.

(3)

A tower which is being rebuilt to accommodate the collocation of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this article. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this article, such setback requirements shall require approval of a variance from the board of zoning appeals to allow the tower to be rebuilt in its exact previous location.

(4)

Notwithstanding any provision of this section to the contrary, telecommunications facilities meeting all building codes and required engineering standards may be collocated on existing towers without a special use permit.

(Ord. of 10-11-2011(3), § 2)

(a)

If the town receives notice pursuant to section 86-686, or if any tower shall cease to be used for a period of 365 consecutive days, the zoning administrator shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the zoning administrator that such site has been abandoned. The owner shall have 30 days from receipt of such notice to provide evidence that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the zoning administrator shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower. If an owner fails to remove an abandoned tower within 75 days of the final determination of abandonment, the town may dismantle and remove the tower and recover the costs of the tower from the owner or by accessing the bond set forth in subsection (b) of this section. For the purposes of this section, removal includes all physical improvements associated with towers, including foundation and tower grounding.

(b)

To secure the obligation set forth in subsection (a) of this section, the owner shall post a bond or provide a letter of credit in an amount to be determined by the town manager, based on the anticipated cost of removal of the tower.

(Ord. of 10-11-2011(3), § 2)

Owners of towers shall provide to the town collocation opportunities without compensation as a community benefit to improve radio communication for town departments and emergency services, provided that such collocation does not conflict with other provisions of this article.

(Ord. of 10-11-2011(3), § 2)

The town reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction, or modification of towers or facilities, and/or to impose any other reasonable conditions on the issuance of a special use permit for placement, construction, or modification of a tower or facilities.

(Ord. of 10-11-2011(3), § 2)