(A)   Purpose. The purpose of this subchapter is to establish general guidelines and regulations governing the location, size and design of telecommunication towers to be located within the Town of Beech Mountain.

   (B)   Goals. The goals of this subchapter are:

      (1)   To protect the health, safety and welfare of the citizens of Beech Mountain.

      (2)   To encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community.

      (3)   To encourage the joint use of new and existing tower sites.

      (4)   To minimize the adverse visual impact of towers and antennas.

      (5)   To enhance the ability of the providers of telecommunication services to provide such services to the community in a safe, effective and efficient and effective manner.

(1989 Code, Title V, Ch. 51, Art. XX, § 2001) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   This subchapter shall apply to all areas of the Town of Beech Mountain.

(1989 Code, Title V, Ch. 51, Art. XX, § 2002) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   Words and phrases used in this subchapter shall have the meanings set forth in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

   ADMINISTRATOR. The Zoning Administrator for the Town of Beech Mountain or such other person that the Town Manager shall designate to administer the provisions of this subchapter.

   ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles and other similar mounting structures that camouflage or conceal the presence of antennas or towers.

   ANTENNA. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations.

   CO-LOCATION. Locating wireless communications equipment for more than one provider on a single site.

   GUYED TOWER. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

   LATTICE TOWER. A guyed or self-supporting, open, steel frame structure, with three or more sides, that is used to support telecommunications equipment.

   MAJOR MOUNTAIN RIDGE. A range within an elevation higher than 3,000 feet above mean sea level and an elevation of 500 feet or more above the elevation of an adjacent valley floor.

   MONOPOLE TOWER. A communication tower consisting of a single pole, constructed without guy wires and ground anchors.

   TELECOMMUNICATION TOWER or TOWER. A monopole, guyed, or self-supporting tower, constructed as a free-standing structure or in association with a building, other permanent structure, or equipment, that contains one or more antennas intended to transmit or receive television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. This definition shall not include any structures erected solely for a noncommercial individual use such as residential television antennas, satellite dishes, and ham radio antennas.

   TOWER HEIGHT. The vertical distance measured from ground to the uppermost point of the tower, not including the antenna(s).

   TOWN COUNCIL. The Beech Mountain Town Council.

   VEGETATIVE CANOPY. Trees that create a roof-like layer of spreading branches.

   VIEWSHED. Those lands seen from a specific location that form a visual composition with foreground, middle ground, and background acres.

(1989 Code, Title V, Ch. 51, Art. XX, § 2003) (Ord. passed 4-14-1998; Am. Ord. 2012-04, passed 5-8-2012; Ord. 2021-03, passed 6-8-2021)

   (A)   Except as otherwise provided in this subchapter, no telecommunication tower shall be erected, constructed, placed, enlarged, moved, used, maintained, or altered unless a Special Use Permit has been approved by the Board of Adjustment and a tower permit has been obtained from the Zoning Administrator. No tower permit shall be issued that is not in compliance with this subchapter. No building permit shall be issued for any tower that falls under the provisions of this subchapter unless that tower has received a tower permit.

   (B)   Non-commercial, individual use towers that are twenty feet in height or less shall require a zoning permit issued by the Zoning Administrator in lieu or for Special Use Permit.

   (C)   Existing towers owned by governmental agencies and designed for noncommercial emergency communications may be replaced with a tower equal in height (or shorter) to the replaced tower. All other subchapter provisions are applicable.

   (D)   All applications for tower permits shall be submitted to the Zoning Administrator on the designated form. At a minimum, the application shall include the following information:

      (1)   Name, address and telephone number of the applicant.

      (2)   Street address, parcel number and/or legal description of the premises or property upon which the tower is to be located.

      (3)   Written statement from the property owner of the proposed tower site authorizing the placement of the tower on the property.

      (4)   A site development plan prepared by a North Carolina Registered Land Surveyor and containing the following information:

         (a)   Title block containing the tower owner's name, the property owner's name, and their addresses; scale; north arrow; vicinity map; tax parcel identification number(s); and the tower's latitude and longitude coordinates;

         (b)   The name, address, signature and seal of the surveyor preparing the site development plan;

         (c)   The surveyed boundary lines of the parcel(s) that will contain the proposed tower and its fall area land contours;

         (d)   The name, address, and tax parcel identification numbers of all owners of property abutting the subject property; and existing land uses surrounding the site;

         (e)   All structures located on the parcel, all existing and proposed roads and parking areas; and overhead utilities and utility connections within and to the proposed site;

         (f)   All existing towers on the property or any towers whose fall area onto the property;

         (g)   The proposed tower's location, the proposed fall area, and the location of all support structures and guy line anchors;

         (h)   The location of all support structures any guy line anchors;

         (i)   The ground elevation of the proposed tower's base based on mean sea level as provided through FEMA control points or another similar source;

         (j)   The height of the vegetative canopy at the site.

      (5)   A preliminary tower design plan prepared by a North Carolina registered Professional Engineer and containing the following information:

         (a)   The tower owner’s name and address, scale, north arrow, vicinity map, and tax parcel identification number;

         (b)   The name, address, signature and seal of the engineer preparing the tower design plan;

         (c)   Information describing the tower height and design; a cross-section of the structure; engineering specifications detailing the construction of the tower, the base of the tower; the foundations for all guy line anchors, and support structures;

         (d)   A tower elevation showing the proposed painting and lighting schemes and all proposed antennas, information describing the tower’s capacity, including the number and type of antennas that it can accommodate;

         (e)   An elevation of each proposed set of guy line anchors;

         (f)   The proposed tower design leads;

         (g)   Designed fall zone for tower structure. (Note: All towers shall be set back from any surrounding property lines, public roads, or public utilities (such as power lines or phone lines other than those solely related to the telecommunication tower itself) by a distance that is equal to the height of the tower.)

      (6)   Exterior lighting specifications.

      (7)   Detailed landscaping plan.

      (8)   A listing of the inventory of the applicant’s existing towers within the town and within a mile of the town’s limits, including specific information about the location, height, and design of each tower.

      (9)   A map or description of the service area(s) for the proposed tower’s antenna(s). The applicant shall identify other possible alternatives within the service area for the proposed tower’s antenna(s) and explain why the proposed tower is necessary and why existing towers and structures cannot accommodate the proposed antenna(s).

      (10)   The applicant must present evidence of fee simple ownership or a recorded leasehold interest from the record owners of all property within a radius equal to the height of the tower. Any lease agreement must allow the leaseholder to enter into leases with other providers. Any lease agreement must specify that if the applicant provider fails to remove the tower upon 180 days of its discontinued use, the responsibility for removal shall fall upon the landowner.

      (11)   The applicant shall identify any requested variances to the standards contained in this subchapter, the reasons for seeking the variances, and any measures that are proposed to mitigate the possible adverse effects of the proposed variances.

      (12)   The application must be accompanied by payment of a non-refundable processing fee.

(1989 Code, Title V, Ch. 51, Art. XX, § 2004) (Ord. passed 4-14-1998; Ord. 2012-04, passed 5-8-2012; Ord. 2021-03, passed 6-8-2021)

   (A)   A Special Use Permit for a telecommunication tower shall expire five years after the effective date of the permit approval by the Board of Adjustment. A permittee wishing to continue the use of a specific tower must apply for a renewal of the Special Use Permit at least six months prior to the expiration of the permit. In considering the request for the renewal of the Special Use Permit, the Board of Adjustment shall apply all regulations then in effect and shall consider the impact that any changes in technology since the approval of the original permit may have had on the need for the tower or the tower’s design.

   (B)   Following the Board of Adjustment’s approval of a Special Use Permit for a proposed tower, and the permit owner’s acknowledgment, acceptance, and execution of the Special Use Permit, the Zoning Administrator shall issue a tower permit. If a building permit is not obtained for the construction of the tower within 12 months after the approval of the Special Use Permit, or if the Special Use Permit expires in accordance with the provisions of § 154.116(G)(3) of this chapter, then the tower permit shall be void.

(1989 Code, Title V, Ch. 51, Art. XX, § 2005) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   In addition to the other criteria set forth in the Zoning Ordinance for the approval and issuance of Special Use Permits by the Board of Adjustment, the Board shall apply the following standards in considering the approval of a tower application.

   (A)   Any proposed tower shall provide a needed service or benefit to the residents of Beech Mountain, Avery County or Watauga County that cannot otherwise be met.

   (B)   The tower must be designed to meet the ANSI/ELA/TIA-222-E standards of minimum 100-year return wind speed and a minimum one-half inch of solid radical ice.

   (C)   Towers shall be sited on a property so that all ice-fall or other debris from a potential tower failure can be contained in the property. The minimum distance from the tower’s base to the property line, or to any public road or public utility (such as power lines or phone lines other than those solely related to the telecommunication tower itself) shall be equal to the tower’s height. Guy wires and other support devices shall be no closer than 20 feet from any lot line.

   (D)   A tower shall be set back from other on-site and off-site towers and supporting structures such that the failure or collapse of one tower will not strike another tower or its support structure.

   (E)   The tower shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:

      (1)   Use the existing site features to screen the tower from prevalent views; or

      (2)   Use existing site features as a background so that the tower blends into the background with increased site distances.

   (F)   No artificial lighting shall be permitted on towers except as required to meet the minimum standards of the Federal Aviation Administration. If lighting is required, the Zoning Administrator shall review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding properties and views. Security lighting at the base of a tower may be provided if the lighting is shielded so that no light is directed toward adjacent properties or rights-of-way.

   (G)   The base of the tower shall be surrounded by a fence or wall at least eight feet in height unless the tower is constructed entirely on a building over eight feet in height.

   (H)   Only monopole towers or alternative tower structures shall be permitted. No tower or alternative tower structure located on any Major Mountain ridge shall have its highest point at an elevation greater than 30 feet higher than the vegetative canopy immediately surrounding the base of the tower. No tower at a location other than a Major Mountain Ridge shall have its highest point at an elevation greater than 100 feet from the ground.

   (I)   (1)   The proposed tower shall be engineered and constructed to accommodate one additional antenna that is at least as large as the largest proposed antenna identified in § 154.303(D)(5)(d). Tower permit approval is conditioned upon the tower owner agreeing to allow the future collocation of other antennas upon the tower structure. This provision shall not apply to monopole towers or alternative tower structures located on a major mountain ridge where the height restriction placed on the tower or alternative tower structure makes it infeasible or impractical to place more than one antenna on the tower structure.

      (2)   In the event that a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require a third party technical study (at the expense of the permittee or the proposed user, or both) to determine whether the tower could accommodate the proposed use.

      (3)   Failure to comply with the co-location requirements of this division may result in the denial of a permit request or the revocation of an existing permit.

   (J)   Towers shall be light gray or other blending color as approved by the town, except when some other color may be required by applicable federal or state regulations.

   (K)   Property located within the tower's fall area shall not be subdivided so long as the tower is standing.

   (L)   Existing mature tree growth and natural land forms on the tower site shall be preserved to the maximum extent possible. The tower and support structures shall be designed and placed on the site in a manner that will take maximum advantage of existing trees and mature vegetation so that the existing features will be used to screen the tower and support structures from prevalent views.

   (M)   Where a tower is proposed adjacent to a residential area, the setback space is to be used as a buffer zone. The buffer shall consist of a semi-opaque planting/landscaping screen as described in § 154.165(A) of the Zoning Ordinance. Trees shall be at least six to seven feet tall for evergreens and six to eight feet tall with a one and one-half-inch caliper for deciduous trees at the time of planting and shall reach a height of no less than 20 feet at maturity.

   (N)   The applicant must be willing to allow the Town of Beech Mountain, the Beech Mountain Fire Department, or other public entities use of the tower under reasonable terms and conditions if a request is made for such use within 30 days of the filing of the permit application, provided that tower load and frequency compatibility issues are satisfied.

   (O)   (1)   Proposed towers shall not be permitted within residential areas as defined in § 154.302. Within the other acceptable areas, the Board of Adjustment shall give preference to proposed tower sites that are not located on a major mountain ridge.

      (2)   Alternative tower structures shall be given preference over monopole towers.

   (P)   The tower owner must provide the Zoning Administrator with proof of general liability insurance in the minimum amount of $1,000,000.

   (Q)   (1)   If the tower, or the equipment on the site, is of a type that will emit a continuous or frequent noise, the applicant must prove that sufficient action will be taken to prevent such noise from being audible to surrounding residents and businesses. Tower facilities and equipment must be operated so that noise levels are less than 45dB as measured from the property line nearest to the tower facilities.

      (2)   The applicant shall comply with federal standards for radio frequency emissions. The applicant shall ensure that the tower/antennas will not cause localized interference with the reception of area television or radio broadcasts. If, on review, the town finds that the tower’s antenna interferes with such reception, and if the interference is not corrected within 60 days, the town may revoke or modify the Special Use Permit.

   (R)   A sign identifying the owner(s) and operator(s) of the tower and an emergency telephone number shall be placed in a clearly visible location on the premises on the tower.

   (S)   The tower must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the federal government with the authority to regulate towers and antennas.

   (T)   Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of a telecommunication tower, unless repairs to the tower are being made.

(1989 Code, Title V, Ch. 51, Art. XX, § 2006) (Ord. passed 4-14-1998; Ord. 2012-04, passed 5-8-2012; Ord. 2021-03, passed 6-8-2021)

   In accordance with the Telecommunications Act of 1996, any decision by the Board of Adjustment denying a request for permission to install or construct a wireless telecommunication facility must be in writing and must be based on evidence in a written record before the Board.

(1989 Code, Title V, Ch. 51, Art. XX, § 2007) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   (A)   All permits for the erection of a tower are issued in reliance upon a presumption that the tower will in fact conform to the plans that are submitted as the basis for the permit. Once erected, the tower must at all times be maintained in compliance with the provisions of the Special Use Permit.

   (B)   To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the applicable State building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) as amended from time to time.

   (C)   At least every 12 months, the tower shall be inspected at the owner's expense by an expert who is regularly involved in the maintenance, inspection, and/or erection of telecommunication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the EIA Standard 222 Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of such inspection record shall be forwarded to the Zoning Administrator.

   (D)   If the Zoning Administrator concludes that a tower fails to comply with the state building codes and/or the EIA standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such codes with standards. If the owner fails to bring such tower into compliance within the 30 days, the Board of Adjustment may order the removal of the tower at the owner's expense.

(1989 Code, Title V, Ch. 51, Art. XX, § 2008) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   Any antenna or tower must be removed within 180 days of the date upon which it ceases to be in active use.

(1989 Code, Title V, Ch. 51, Art. XX, § 2009) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   Penalties and remedies for the violation of this subchapter shall be as provided in § 154.376 of the Zoning Ordinance.

(1989 Code, Title V, Ch. 51, Art. XX, § 2010) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   If this subchapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given separate effect and to that end, the provisions of this subchapter are declared to be severable. All ordinances or parts of ordinances in conflict with this subchapter are hereby repealed.

(1989 Code, Title V, Ch. 51, Art. XX, § 2012) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)

   This subchapter shall be effective upon adoption.

(1989 Code, Title V, Ch. 51, Art. XX, § 2013) (Ord. passed 4-14-1998; Ord. 2021-03, passed 6-8-2021)