(a)

Purpose and Compliance with Federal Law.

(1)

The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the County of Bladen and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, with the intention of furthering the public safety and general welfare.

(2)

The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and that, consistent with section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), create a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures. The following standards shall apply to actions by the County of Bladen, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility.

State Law reference— G.S. 160D-930

(b)

Applicability. The regulations of this Article shall apply to the development and rehabilitation of wireless communication facilities in the planning jurisdiction of the County of Bladen.

(c)

Local Authority.

(1)

The County of Bladen may plan for and regulate the siting or modification of wireless support structures and wireless facilities in accordance with land development regulations and in conformity with this Part. Except as expressly stated, nothing in this Part shall limit the County from regulating applications to construct, modify, or maintain wireless support structures, or construct, modify, maintain, or collocate wireless facilities on a wireless support structure based on consideration of land use, public safety, and zoning considerations, including aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building code requirements, consistent with the provisions of federal law provided in G.S. 160D-930. For purposes of this Part, public safety includes, without limitation, federal, State, and local safety regulations but does not include requirements relating to radio frequency emissions of wireless facilities.

State Law reference— G.S. 160D-932

(a)

Nothing in this article shall reduce any of the permitted uses within the county. Nothing in this article shall affect the right of a property owner to use or develop their property. Nothing in the article shall affect the right of a property owner to continue any legal nonconforming use.

(b)

Wireless telecommunication towers that are used for emergency communication for county and state personnel shall be exempt from the Bladen County Zoning Ordinance and are not required to obtain a special use zoning permit.

(a)

Conflict of other ordinances. To the extent these development standards conflict with other ordinances for the county, these development standards shall control.

(b)

Rules for words and phrases. For the purposes of section, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory; the word "may" is permissive; the word "used" includes "designed" and "intended" or arranged to be used or occupied; and the word "person" includes a firm, association, organization, partnership, trust, foundation, company or corporation as well as an individual.

(c)

Definitions. For the purpose of this section certain words, phrases and terms used herein shall be interpreted as stated in this subsection. The planning director or designee shall define any word, phrase or term not defined herein. The interpretation shall be based upon its common and ordinary usage in the region.

(1)

Abandon. Occurs when an owner of a Support Structure intends to permanently and completely cease all business activity associated therewith.

(2)

Antenna. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.

(3)

Applicable codes. The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with State or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

(4)

Application. A request that is submitted by an applicant for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, city utility pole, or wireless support facility.

(4)

Base station. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.

(5)

Building permit. An official administrative authorization issued by the city local government prior to beginning construction consistent with the provisions of G.S. 160D-1110.

(6)

Carrier on Wheels "COW." A portable self-contained Telecommunications Facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the Antenna support structure.

(7)

City/County right-of-way. A right-of-way owned, leased, or operated by a city, including any public street or alley that is not a part of the State highway system.

(8)

City/County utility pole. A pole owned by a city in the city right-of-way that provides lighting, traffic control, or a similar function.

(9)

Collocation. The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term 'collocation" does not include the installation of new utility poles, city utility poles, or wireless support structures.

(10)

Communications facility. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

(11)

Communications service. Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), of wireless services.

(12)

Communications service provider. A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

(13)

Eligible facilities request. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

(14)

Equipment compound. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.

(15)

Fall zone. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

(16)

Land development regulation. Any ordinance enacted pursuant to this Part Chapter.

(17)

Major Modifications. Improvements to existing Telecommunications Facilities or Support Structures that result in a Substantial Increase to the Existing Structure. Collocation of new Telecommunications Facilities to an existing Support Structure without Replacement of the structure shall not constitute a Major Modification.

(18)

Micro wireless facility. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

(19)

Minor Modifications. Improvements to Existing Structures that result in some material change to the Facility or Support Structure but of a level, quality or intensity that is less than a Substantial Increase. Minor Modifications include the Replacement of the structure.

(20)

Monopole. A single, freestanding pole-type structure supporting one or more Antenna.

(21)

Ordinary Maintenance. Ensuring that Telecommunications Facilities and Support Structures are kept in good operating condition. Ordinary Maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a Support Structure's foundation or of the Support Structure itself. Ordinary Maintenance includes replacing Antennas of a similar size, weight, shape and color and Accessory Equipment within an existing Telecommunications Facility and relocating the Antennas of approved Telecommunications Facilities to different height levels on an existing Monopole or Tower upon which they are currently located. Ordinary Maintenance does not include Minor and Major Modifications.

(22)

Replacement. Constructing a new Support Structure of proportions and of equal height or such other height that would not constitute a Substantial Increase to a pre-existing Support Structure in order to support a Telecommunications Facility or to accommodate Collocation and removing the pre-existing Support Structure.

(23)

Search ring. The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

(24)

Small wireless facility. A wireless facility that meets both of the following qualifications:

a.

Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.

b.

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this sub-subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.

(25)

Substantial modification. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below.

a.

Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

b.

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance.

c.

Increasing the square footage of the existing equipment compound by more than 2,500 square feet.

(26)

Support Structure(s). A structure designed to support Telecommunications Facilities including, but not limited to, Monopoles, Towers, and other freestanding self-supporting structures.

(27)

Telecommunications Facility(ies). Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A Telecommunication Facility can consist of one or more Antennas and Accessory Equipment or one base station.

(28)

Tower. A lattice-type or monopole wireless support structure, guyed or freestanding, that supports one or more Antennas.

(29)

Utility pole. A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.

(30)

Water tower. A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

(31)

Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:

a.

The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

b.

Wireline backhaul facilities.

c.

Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(32)

Wireless infrastructure provider. Any person with a certificate to provide telecommunications service in the State who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

(33)

Wireless provider. A wireless infrastructure provider or a wireless services provider.

(34)

Wireless services. Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

(35)

Wireless services provider. A person who provides wireless services.

(36)

Wireless support structure. A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure.

State Law reference— G.S. 160D-931

(a)

The following wireless communication facilities may be allowed within the county as follows:

(1)

Antenna attachments. Antenna attachments onto existing support structure or onto an attached wireless communication facility shall be permitted by administrative approval subject to the development criteria of Section 14.5.

(2)

All lands identified in Table A. Antenna attachments or wireless communication facilities with support structures shall be permitted by administrative approval subject to the development criteria of Section 14.5 and Table A.

Table A

(3)

Other lands. Wireless communication facilities with support structures shall only be permitted on all other lands not identified in table A by means of approval of a special use permit. Prior to applying for a special use permit, the applicant shall provide the county with adequate information to establish that lands included in subsection (1) or (2) of this section cannot be made suitable for wireless communication facility locations.

(4)

New wireless communication facilities. A proposal for a new wireless communication facility shall not be approved unless the planning board finds that the equipment planned for the proposed tower cannot be accommodated on existing or approved towers, buildings or alternative structures within a one-half mile search radius of the proposed wireless communications facility due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower, building or structures, as documented by a qualified and licensed state professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at the reasonable cost.

b.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower, building or other structure as documented by a qualified and licensed state engineer and the interference cannot be prevented at a reasonable cost.

c.

Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed state professional engineer.

d.

Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower, building or other structure.

(b)

The following shall apply in the county:

(1)

Tower and antenna use application required. No person shall install or construct any wireless communication facility unless and until a tower antenna use application (TAA) has been issued pursuant to the requirements of this article.

(2)

Pre-existing wireless communications facility. Wireless communications facilities which were installed prior to the effective date of the ordinance from which this article is derived shall be considered as nonconforming.

(3)

Amateur radio exclusion. This section shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator.

(4)

Relationship to other ordinances. Except for historic districts, this section shall supersede all conflicting requirements of other ordinances regarding the locating and permitting of wireless communication facilities.

(5)

Airport zoning. Any wireless communication facility located or proposed to be located in airport areas governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state and federal airport regulations.

(6)

Building codes. Construction of all wireless communication facilities shall comply with the requirements of the state building codes and permitting process in addition to the requirements of this section.

(a)

Development standards for wireless communication facilities will include the following development standards:

(1)

Height Standards. The following height standards shall apply to all Wireless Communications Facility installations:

a.

Attached Wireless Communications Facilities. Attached Wireless Communication Facilities shall not add more than twenty (20) feet to the height of the existing building or structure to which it is attached (Attachment Structure). However, antenna attachments to existing communication towers shall not increase the height of tower above the maximum original permitted height of that tower.

b.

Maximum Height. Wireless Communication Facilities with Support Structures identified in Table A shall have a maximum height as set out in Table A.

c.

Height for Wireless Communication Facilities with Support Structures on other lands not identified in a. or b. above shall be reviewed on a case-by-case basis as part of the Special Use Permit process. The height of the proposed Wireless Communication Facility should be consistent with the height standards indicated in Table A for similar properties in similar locations; and considering ground elevations, topographical conditions and other site development criteria within this Ordinance.

(2)

Setback Standards and Fallzones. The following setback standards shall apply to all Wireless Communication Facility installations.

a.

Attached Wireless Communication Facilities. Attached Wireless Communications Facilities shall meet the setback provisions of the underlying zoning district in which they are located. However, an Attached Wireless Communication Facility Antenna Array may extend up to 30 inches horizontally beyond the edge of the Attachment Structure so long as the Antenna Array does not encroach upon an adjoining parcel.

b.

Wireless Communications Facilities with Support Structures. The minimum setback from all property lines for wireless communication facilities (cell towers and support structures) shall be a minimum of 300 feet and the setback shall be at least the height of the tower plus 25 feet.

c.

The setback requirement may be reduced to one-third of the height of the proposed wireless support structure when a North Carolina registered professional engineer certifies that the structure's fall zone is equal to, or less than, the setback requested and that the structure is designed to collapse within the setback requested.

d.

Telecommunications accessory equipment structures, any equipment compounds, and any other structures that are not communication facilities for the communication facility, shall be set back a minimum of 50 feet from all property lines and rights-of-way. Where visual impact and public safety concerns will not be affected, the County may reduce the setback to no less than 15 feet.

e.

Communication facility sites shall be located a minimum of three hundred fifty feet from the property line of a lot in a recorded residential subdivision district.

(3)

Landscaping. The following landscaping requirements shall be maintained by the applicant and shall apply to all Wireless Communications Facility installations.

a.

New Construction. New Wireless Communications Facilities with Support Structures and Attached Wireless Communication Facilities with new building construction shall be landscaped with a minimum landscaped area of ten (10) feet around the perimeter of the security fence meeting the following standards:

1.

One row of evergreen trees with a minimum caliper of 1.75 inches shall be installed with a maximum spacing of 25 feet.

2.

Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five (5) feet shall be planted with a maximum spacing of five (5) feet. Plants shall be at least three (3) gallon container plants or 24 inches tall at the time of planting.

3.

All plants and trees shall be indigenous to eastern North Carolina and drought resistant.

b.

Land Form Preservation. Existing mature tree growth and natural Land Form on the site shall be preserved to the extent feasible; provided however, that vegetation that causes interference with the antennas or inhibits access to the Equipment Facility may be trimmed or removed.

c.

Existing Vegetation. Existing vegetation on a Wireless Communication Facility site may be used in lieu of required landscaping where approved by the Planning Director or designee.

d.

Minimum Site Disturbance. Grading for the new Wireless Communication Facility shall be minimized and limited only to the area necessary for the new facility.

(4)

Aesthetics, Placement, Materials and Colors. The following standards shall apply to all new antenna arrays and new wireless communications facilities:

a.

Antenna Array Attachments shall be designed so as to be compatible with the wireless communication facility to which it is to be affixed; including, but not limited to, matching the proposed array with existing structural design, facade colors, and camouflage technology;

b.

New Wireless Communication Facilities shall be designed to be compatible with existing structures and surroundings to the extent feasible. The proposed wireless communication facility should be consistent with the tower type and height standards indicated in Table A for similar properties in similar locations; including, but not limited to, considerations of scale and space of the immediate vicinity of the new facility, placement in a location which is consistent with proper functioning of the wireless communications facility, the use of compatible or neutral colors, and camouflage technology.

(5)

Lighting. The following lighting requirements shall apply to all Wireless Communications Facility installations. Wireless Communications Facilities shall not be artificially illuminated, directly or indirectly, except for:

a.

Security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and

b.

Such illumination of the Wireless Communications Facility, as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences;

c.

Unless otherwise required by the FAA or other applicable authority, the required light shall be red and a type of lens used to reduce ground lighting when the site is within 100 feet of a residential dwelling.

(6)

Signage. Wireless Communications Facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as may be required by local, state or federal regulations governing Wireless Communications Facilities.

(7)

Fencing. Wireless Communications Facilities with Support Structures shall be enclosed by an opaque fence (excluding slatted chain link) not less than 6 feet in height. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of State or Federal agencies.

(8)

Radio Frequency Emissions/Sound. The following radio frequency emissions standards shall apply to all Wireless Communications Facility installations:

a.

Radio Frequency Impact. The FTA gives the FCC jurisdiction of the regulation of Radio Frequency (RF) emissions, and Wireless Communications Facilities that do not exceed the FCC standards shall not be conditioned or denied on the basis of RF impact.

b.

FCC Compliance. In order to provide information to its citizens, copies of ongoing FCC information concerning Wireless Communications Facilities and RF emissions standards may be requested from time to time. Applicants for Wireless Communications Facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.

c.

Sound Prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

(9)

Structural Integrity. Wireless Communications Facilities with Support Structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Support Structures" (or equivalent), as it may be updated and amended. Each Support Structure shall be capable of supporting multiple antenna arrays.

(10)

Collocation Support Structure Design. All Wireless Communication Facilities with a support structure up to a height of 150 feet shall be engineered and constructed to accommodate at least 3 antenna array. All Wireless Communication Facilities with a support structures up to a height of 150 feet or greater shall be engineered and constructed to accommodate at least 4 antenna array.

(11)

Collocation Agreement. All applicants for Wireless Communications Facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other Wireless Communications Facility users. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The Collocation Agreement shall be considered a condition of issuance of a Tower Antenna Use Application (TAA). A TAA shall not be issued unless the applicant complies with the collection policy outlined in below.

(12)

Shared Facilities and Collocation. All new Wireless Communication Facilities shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A TAA shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith attempt to locate its Wireless Communication Facility onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.

(13)

Removal of Abandoned Support Structures. Any support structure that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the County, at its election, may require the support structure owner to remove the support structure within 90 days after notice from the County to remove the support structure. If there are two or more users of a single support structure, this provision shall not become effective until all providers cease to use the support structure. If the owner of an abandoned support structure cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the support is located.

(a)

Attached wireless communications facilities with or without new building construction that meet the development standards set out in Section 14.5 may be permitted by administrative review. All wireless communications facilities with support structures that meet the development criteria and that are located on lands in Table A in Section 14.4, or antenna array attachments onto existing structures may be permitted by administrative review unless the proposed facility is located on lands meeting criteria in Section 14.11. All other proposed wireless communication facilities shall be subject to the special use permit process.

The following Wireless Communication Facilities may be allowed within Bladen County by Administrative Review as follows:

(1)

Antenna Attachments. Antenna attachments onto existing Support Structure or onto an Attached Wireless Communication Facility shall be permitted by administrative approval subject to the development criteria of Section.

(2)

All lands identified in Table A in Section 14.4. Antenna attachments or Wireless Communication Facilities with support structures shall be permitted by administrative approval subject to the development criteria Section 14.5.

(3)

Temporary Wireless Communications Facilities. Temporary wireless communications facilities may be permitted by administrative approval for a term not to exceed 90 days. Once granted, a temporary wireless communications facility permit may be extended for an additional 90 days upon evidence of need by the applicant. In case of emergency (i.e., storm damage to an existing tower or other circumstances resulting in the interruption of existing service) the administrative review shall be expedited to the extent feasible.

(a)

Any wireless communications facility (attached or with a support structure), regardless of type, to be located within an established historic area, or other designated overlay district will be subject to review by the appropriate preservation commission and the planning board. Review by a preservation commission shall be in accordance with that district administrative procedures for a certificate of appropriateness. All wireless communications facility applications that do not conform to the development criteria or are otherwise not eligible for administrative review shall be subject to the planning board review process.

(a)

Wireless Communication Facilities with support structures shall be permitted on lands other than those identified in Table A by means of approval of a Special Use Permit. Prior to applying for a Special Use Permit, the applicant shall provide the County with adequate information to establish that lands included in TABLE A (Towers Allowed by Administrative Review) cannot be made suitable for Wireless Communication Facility locations.

(b)

A proposal for a new wireless communication facility shall not be approved unless the Board of Adjustment finds that the equipment planned for the proposed tower cannot be accommodated on existing or approved towers, buildings or alternative structures within a one-half (½) mile search radius of the proposed wireless communications facility due to one or more of the following reasons:

(1)

The planned equipment would exceed the structural capacity of the existing or approved tower, building or structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at the reasonable cost.

(2)

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower, building or other structure as documented by a qualified and licensed North Carolina engineer and the interference cannot be prevented at a reasonable cost.

(3)

Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed North Carolina professional engineer.

(4)

Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower, building or other structure.

(a)

Application submission. All tower antenna use applications, regardless of wireless communication facility type shall include all of the requirements contained in this section.

(1)

Application contents. Each applicant requesting a TAA under this article shall submit a sealed complete set of drawings prepared by a licensed architect or engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing and, if relevant as determined by staff, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.

(2)

Submission requirements. Application for a TAA shall be submitted to the county on forms prescribed by the county. The application shall be accompanied by a site plan containing the information described in subsection (a)(1) of this section and a copy of the appropriate FCC license. If planning board review is required, the application and site plan shall be placed on the next available planning board agenda in accordance with the agenda deadlines established by the county.

(3)

Application fees. A plan review fee of $500.00 or an amount established by the Board of Commissioners in the annual schedule of fees, and a radio frequency intermodulation study review fee of $500.00 (collocation applicants only) or an amount established by the Board of Commissioners in the annual schedule of fees, shall accompany each application. These fees may be used by the county to engage an engineer or other qualified consultant to review the technical aspects of the application and radio frequency intermodulation study (if required).

(4)

Additional technical assistance. In the course of its consideration of an application, the county, may deem it necessary, in complex situations, to employ an engineer or other consultant qualified in the design and installation of wireless communication facilities to assist the county in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the county not to exceed $1,500.00 or an amount established by the Board of Commissioners in the annual schedule of fees, for the technical review and recommendation shall be reimbursed by the applicant prior to the final county hearing on the TAA.

(b)

Administrative review. The following administrative review process shall apply to all wireless communications facility applications eligible for administrative review:

(1)

Review authority. Review of the tower and antenna use application under this section shall be conducted by the planning director or the designee.

(2)

Review criteria. Each application shall be reviewed for compliance with the development criteria specified in this Article. The Zoning Administrator's review of an application for the placement or construction of a new wireless support structure or substantial modification of a wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, the Zoning Administrator may not require information on or evaluate an applicant's business decisions about its designed service, customer demand for its service, or quality of its service to or from a particular area or site. The Zoning Administrator may not require information that concerns the specific need for the wireless support structure, including if the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. The Zoning Administrator may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including propagation maps and telecommunication traffic studies. In reviewing an application, the Zoning Administrator may review the following:

a.

Applicable public safety, land use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones.

b.

Information or materials directly related to an identified public safety, land development, or zoning issue including evidence that no existing or previously approved wireless support structure can reasonably be used for the wireless facility placement instead of the construction of a new wireless support structure, that residential, historic, and designated scenic areas cannot be served from outside the area, or that the proposed height of a new wireless support structure or initial wireless facility placement or a proposed height increase of a substantially modified wireless support structure, or replacement wireless support structure is necessary to provide the applicant's designed service.

c.

The Zoning Administrator may require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. The Zoning Administrator may require information necessary to determine whether collocation on existing wireless support structures is reasonably feasible.

State Law reference— G.S. 160D-933(b)

(3)

Timing of decision. The planning director or designee shall render a decision on the wireless communication facility application by a written response to the applicant within 20 business days after receipt of the complete application, except that an extension may be agreed upon by the applicant.

(4)

Application denial. If administrative approval is not obtained or is denied due to noncompliance with the development criteria, the applicant may appeal the denial by applying for a planning board review.

(5)

Application approval. If the TAA application together with all required addenda are in compliance with the development criteria and otherwise meets the requirements of this section, the planning director or designee may approve the tower antenna use application and authorize issuance of the proper permits.

(c)

Board of Adjustment Review. For towers that require review by the Board of Adjustment, the Quasi-Judicial Regulations outlined in Article 6 shall apply.

All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A TAA shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith attempt to locate its wireless communication facility onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.

Any support structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the county, at its election, may require the support structure owner to remove the support structure within 90 days after notice from the county to remove the support structure. If there are two or more users of a single support structure, this provision shall not become effective until all providers cease to use the support structure. If the owner of an abandoned support structure cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the support is located.

(a)

Wireless communication facilities in existence on the date of the adoption of the ordinance from which this article is derived which do not comply with the requirements of this article (nonconforming wireless communications facilities) are subject to the following provisions:

(1)

Expansion. Nonconforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this article except as further provided in this section.

(2)

Additions. Nonconforming wireless communications facilities may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this article.

(3)

Repairs or reconstruction. Nonconforming wireless communications facilities which become damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the provisions of this article. Provided, however, that if the damage to the wireless communication facility exceeds 50 percent of replacement cost, said wireless communication facility may only be reconstructed or repaired in compliance with this article.

(b)

Any nonconforming wireless communications facility not in use for six months shall be deemed abandoned and all rights as a nonconforming use shall cease.

(a)

The approval of any tower and antenna use application issued pursuant to this article may be revoked after a hearing as provided hereinafter.

(b)

If the planning director or designee finds that any permit holder has violated any provision of this article, or the conditions, restrictions or additional development standards of and approved special use permit; or has failed to make good faith reasonable efforts to provide or seek collocation, the planning director or designee shall notify the permit holder in writing that the TAA is revocable due to the permit holder's noncompliance with the conditions of the permit and the planning director or designee shall convene a meeting with the permit holder no later than 30 days from the date of the letter.

(c)

The planning director or designee may require the permit holder to correct the violation within a reasonable amount of time or the planning director or designee may recommend to the county commissioners that the tower antenna use application be revoked.

(d)

After the appropriate public hearing, the county manager and county commissioners may revoke the tower antenna use application (TAA) upon such terms and conditions, if any, that the county manager and county commissioners may determine. Prior to initiation of revocation proceedings, the county shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days.

(e)

The permit holder shall provide the county with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the county manager and county commissioners shall convene a public hearing to consider revocation of the tower antenna use application.

(f)

The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the county not less than ten days prior to the hearing and by written notice to the permit holder. At any such hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The county manager and county commissioners may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, that stenographic services, if desired, shall be provided by the requesting party at that party's expense.

In accordance with G.S. 153A-123, the penalty for violating any provisions of this article shall be $500.00 for any one specified offense or violation. Each day's continuing violation constitutes a separate offense.

The county manager and county commissioners may review this article on an annual basis and may alter or amend the same as required in the manner provided by law.

The Board of Commissioners shall establish fees for all permits related to telecommunications towers and facilities. The Board may set a technical consultation fee to offset the actual, direct and reasonable administrative costs incurred for review, processing, and approval of a collocation application. The County may also engage and compensate a third-party consultant for technical consultation and the review of a collocation application.