The Telecommunications Act of 1996 and G.S. ch. 160D, art. 9, pt. 3 affirms the county's authority concerning the placement, construction and modification of wireless facilities and wireless support structures. The county board of commissioners finds that wireless facilities and wireless support structures may pose vulnerability to the health, safety, public welfare and environment of the county and its inhabitants. The county also recognizes that facilitating the development of wireless service technology can be an economic development asset to the county and of significant benefit to the county and its residents. In order to ensure that the placement, construction or modification of wireless facilities and wireless support structures are consistent with the county's land development and land use policies, the county is adopting a single, comprehensive, wireless facilities and wireless support structures application and permit process. Further, 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 Federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), which creates 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 intent of this article is to:

(1)

Promote the health, safety, and general welfare of the public by regulating the siting of wireless facilities and wireless support structures;

(2)

Minimize the impact of wireless facilities and wireless support structures through careful designs, siting, landscape screening and innovative camouflaging techniques;

(3)

Establish a fair and efficient process for review and approval of applications;

(4)

Assure an integrated, comprehensive review of environmental impacts of such facilities;

(5)

Maintain the rural character of the county through the specifications of tower types, heights, characteristics, and locations of new facilities;

(6)

Encourage the location and collocation of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional facilities;

(7)

Accommodate the growing need and demand for wireless communication services;

(8)

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services;

(9)

Encourage the use of public lands, buildings, and structures as locations for wireless telecommunications infrastructure demonstrating concealed technologies and revenue generating methodologies; and

(10)

Protect the health, safety and welfare of the county.

(Amend. of 6-16-2014, § 1; Amend. of 4-19-2021(2), § 1)

This article may be known and cited as the "Wireless Facility and Wireless Support Structure Siting Ordinance for the County of Granville."

(Amend. of 6-16-2014, § 1)

(a)

If any word, phrase, sentence, part, section, subsection, or other portion of this article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

(b)

Any major special use permit or antenna collocation permit issued under this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the county board.

(Amend. of 6-16-2014, § 1; Amend. of 4-19-2021(2), § 1)

This article shall apply to the development activities including installation, construction, or modification of the following wireless facilities and/or wireless support structures:

(1)

Existing wireless facilities and wireless support structures;

(2)

Proposed wireless facilities and wireless support structures;

(3)

Public wireless facilities and wireless support structures;

(4)

Replacement of existing wireless facilities and wireless support structures;

(5)

Collocation on existing wireless facilities and wireless support structures;

(6)

Antenna attachments;

(7)

Concealed wireless facilities and wireless support structures;

(8)

Broadcast facilities.

(Amend. of 6-16-2014, § 1)

The following items are exempt from the provisions of this article; notwithstanding any other provisions contained in land development regulations:

(1)

Noncommercial, FCC licensed amateur radio antennas;

(2)

Satellite earth stations and/or antennas used for private television reception;

(3)

A government-owned wireless facility and/or wireless support structure, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the county board of commissioners or designee; except that such facility and/or structure must comply with all federal and state requirements. No wireless facility and/or wireless support structure shall be exempt from the provisions of this division beyond the duration of the state of emergency;

(4)

A temporary, commercial wireless facility and/or wireless support structure, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the county board of commissioners or designee and approved by the county board of commissioners or designee; except that such facility and/or structure must comply with all federal and state requirements. The wireless facility and/or support structure may be exempt from the provisions of this division up to three months after the duration of the state of emergency;

(5)

A temporary, commercial wireless facility and/or wireless support structure, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the county board of commissioners or designee, except that such facility and/or structure must comply with all federal and state requirements. Said wireless facility and/or structure may be exempt from the provisions of this article for up to one week after the duration of the special event.

(Amend. of 6-16-2014, § 1)

For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless facilities and/or wireless support structures, and located on the same property or lot as the wireless facilities and/or wireless support structures, including, but not limited to, utility or transmission equipment storage sheds or cabinets.

Amend or amended means any change in an application made subsequent to the submission of the application from which was originally submitted, regardless of the reason.

Antenna collocation permit means the official document or permit by which an applicant is allowed to collocate a wireless antenna array and associated ground equipment as granted or issued by the county.

Antenna element replacement means the replacement of an existing antenna element with a same or like model number or another element with identical or reduced dead weight and wind load properties. In addition there can be no increase in the size or number of feed lines utilized by the facility.

Applicable codes means 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.

Applicant means any person or organization submitting an application to the county for a special use permit or antenna collocation permit, or for changes, modifications, additions or removals to a wireless facility and/or wireless support structure.

Application means a request submitted by an applicant to the local government for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, city utility pole, or a wireless support structure.

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

Base station means 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.

Board of commissioners shall mean the county board of commissioners also known as the "board."

Breakpoint technology means the engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Broadcast facilities means an antenna support structures, antennas, and/or antenna arrays for FM/TV/HDTV broadcasting transmission facilities, and tower(s) utilized as antennas for an AM broadcast station that are licensed by the Federal Communications Commission.

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

City right-of-way means 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.

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

Collocation means 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 does not include the installation of new utility poles, city utility poles, or wireless support structures.

Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not be considered "commercial impracticability" and shall not render an act or the terms of an agreement commercially impracticable.

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

Communications service means 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), or wireless services.

Community meeting means an informal public meeting held by the applicant within the general area of a community that a proposed special use permit has been submitted for a site within the area at which the general public is given opportunity to obtain information about the proposed special use permit and make review, comments or express opinions on the permit application.

Completed application means an application that contains all information and/or data necessary to enable the board or ordinance administrator to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless facilities and/or wireless support structures on the county in the context of the permitted land use for the particular location requested.

County means Granville County, North Carolina.

Cylindrical unicell means a cylindrical enclosure or structure that houses multiple combinations of antennas in a single compact unit.

DAS or distributive access system means a technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas, cabling or fiber optics.

Direct-to-home satellite services or direct broadcast service or DBS means only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the subscribers' premises or in the uplink process to the satellite.

EPA means state and/or federal Environmental Protection Agency or its duly assigned successor agency.

Eligible facilities request means 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.

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

FAA means the Federal Aviation Administration or its duly designated and authorized successor agency.

FCC means the Federal Communications Commission or its duly designated and authorized successor agency.

Fall zone means 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.

Feed lines means cables used as the interconnecting media between the transmission/receiving base station and the antenna.

Free standing wireless support structure means a wireless support structure that is not supported by guy wires and ground anchors or other means of attached or external support.

GCEDC means the Granville County Environmental Disclosure Checklist form established by the county board of commissioners.

Geographic search area means an area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering.

Guyed wireless support structure means a style of wireless support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

Handoff candidate means a wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility.

Height means, when referring to a wireless facility and/or wireless support structure, the distance measured from the preexisting grade level to the highest point on the wireless facility and/or wireless support structure, even if said highest point is an antenna or lightning protection device.

Land development regulation means any ordinance enacted pursuant to G.S. ch. 160D.

Lattice wireless support structure means a tapered style of wireless support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas.

Major special use permit means the official document or permit by which an applicant is allowed to construct and use wireless support structures as granted or issued by the county.

Micro wireless facility means 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.

Monopole wireless support structure means a style of free-standing wireless support structure consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of wireless support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

NIER means nonionizing electromagnetic radiation.

Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.

Ordinance administrator means the person designated by the board of commissioners to oversee, administer, and approve applications and permits in accordance with this article. The ordinance administrator shall be authorized to designate one or more agent(s) to assist in assuring compliance with this article.

Personal wireless services or PWS or personal communications service or PCS shall have the same meaning as defined and used in the 1996 Telecommunications Act.

Preapplication meeting means a meeting before submittal of an application for a new tower [preapplication meetings are beneficial for new construction, but are rarely needed for collocations] between the applicant of a special use permit for a wireless telecommunication facility or antenna collocation permit, the land development administrator or his representative, and if necessary, the county's consultant to address issues and standards of this article dealing with the application for the intent to help expedite the review and permitting process.

Search ring means 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.

Small wireless facility means a wireless facility that meets the following qualifications: (1) 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; (2) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For the purposes of this definition, 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.

State means the State of North Carolina.

Streamlined processing means expedited review of certain applications in accordance with applicable state or federal law.

Substantial modification means the mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below. 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.

(1)

Increasing the existing vertical height of the structure by the greater of:

a.

More than ten percent, or

b.

The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

(2)

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:

a.

More than 20 feet, or

b.

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.

Telecommunications means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunications structure means a structure used in the provision of services described in the definition of wireless support structure.

Temporary means in relation to all aspects and components of this article, something intended to, or that does, exist for fewer than 90 days.

Unipole means a wireless communication structure in which antennas are mounted inside a RF transparent cylinder. This design may also be referred to as a concealed monopole, flagpole, light pole, freestanding pole, or roof-mounted pole on existing structures.

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

Water tower means 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.

Wireless facility means 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 does not include any of the following:

(1)

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

(2)

Wireline backhaul facilities.

(3)

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.

Wireless infrastructure provider means 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.

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

Wireless services means 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.

Wireless services provider means a person who provides wireless services.

Wireless support structure means 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.

Specific types of wireless support structures includes:

Attached wireless support structure means an antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless facility is considered to be an accessory use to the existing principal use on a site.

Concealed wireless support structure, sometimes referred to as a concealed or camouflaged facility, means a wireless support structure, ancillary structure, or wireless support structure equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two types of concealed wireless support structures: 1) attached and 2) freestanding. 1) Examples of concealed attached facility include, but are not limited to, the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. 2) Freestanding concealed wireless support structures usually have a secondary, obvious function which may be, but is not limited to, the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or faux tree.

Freestanding wireless support structure means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless support structure includes, but is not limited to, the following: guyed, lattice, or monopole support structures.

Nonconcealed wireless support structure means a wireless support structure that is readily identifiable as such and can be either freestanding or attached.

(Amend. of 6-16-2014, § 1; Amend. of 4-19-2021(2), § 1)

(a)

Applicants for new wireless support structures shall locate, site, and erect wireless support structures in accordance with the following priorities, one being the highest priority and eight being the lowest priority:

(1)

Attached concealed antenna onto an existing structure;

(2)

Collocated antenna on existing freestanding wireless support structures;

(3)

Attached nonconcealed antenna onto an existing structure;

(4)

Freestanding wireless support structures on a site with an existing wireless support structures or tall structure;

(5)

Concealed freestanding wireless support structures on county-owned property;

(6)

Concealed freestanding wireless support structures on other property in the county;

(7)

Nonconcealed freestanding wireless support structures on county-owned property;

(8)

Nonconcealed freestanding wireless support structures on other property in the county.

(b)

If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The applicant(s) seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(c)

All new wireless support structures shall be subject to approval of a major special use permit.

(d)

In the event the county receives an application for a qualified small wireless facility as that term is defined by G.S. 160D-931 or 47 CFR § 1.6002, the county shall process and adjudicate such application in accordance with applicable state and/or federal law, including but not limited to orders and rule makings of the Federal Communications Commission.

(Amend. of 6-16-2014, § 1(32-571); Amend. of 4-19-2021(2), § 1)

(a)

Security of wireless support structures. All wireless support structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically as follows:

(1)

All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and

(2)

Transmitters and telecommunications control points must be installed in a manner to be readily accessible only to persons authorized to operate or service them.

(b)

Signage. Wireless support structures shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the facility, an emergency phone number(s), and FCC registration number, if applicable. The sign shall be on the equipment shelter or shed of the applicant and be visible from the access point of the site and must identify the equipment shelter of the applicant. The sign shall not be lighted unless the board shall have allowed such lighting or unless applicable provisions of law require such lighting. No other signage, including advertising, shall be permitted on any wireless support structure, unless required by law.

(c)

[Access.] At a wireless support structure site, an access road, turn around space, and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

(d)

[Setbacks.] All wireless support structures and broadcast facilities shall be set back from abutting property lines and recorded rights-of-way by the following distances: a distance equal to the height of the wireless support structure or broadcast facility tower or structure or use breakpoint technology as provided for in subsection 32-579(8)a. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

(Amend. of 6-16-2014, § 1(32-572))

(a)

Concealed and nonconcealed.

(1)

The top of the attached wireless support structure shall not be more than 20 feet above the existing or proposed building or structure.

(2)

An attached wireless support structure and its equipment compound shall be subject to the setbacks of the underlying zoning district. When an attached wireless support structure is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

(3)

Feed lines and antennas shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture.

(b)

Attached nonconcealed wireless support structures. Shall only be allowed on electrical transmission towers and existing light stanchions subject to approval by the ordinance administrator and utility company.

(c)

[Permit application.] Applications and site plans for attached wireless support structures shall be submitted to the ordinance administrator and accompanied by a nonrefundable application fee as established by the county board of commissioners per the fee schedule. The application fee is subject to change by resolution of the county board of commissioners. Attached wireless support structure permits shall be issued by the ordinance administrator.

(Amend. of 6-16-2014, § 1(32-573))

(a)

A major special use permit is not required for a wireless support structure collocation or eligible facilities requests of wireless support structures if the work does not constitute a substantial modification of a wireless support structure.

(b)

A certification that the applicant is in compliance with all relevant FCC Code of Federal Regulations pertaining to type of service offered during the term of the collocation permit.

(c)

Setbacks.

(1)

On a nonconforming building or structure, the existing permitted nonconforming setback shall prevail.

(2)

The associated equipment compound shall be subject to the setbacks of the underlying zoning district.

(d)

An applicant who holds an antenna collocation permit for wireless support structure shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless support structure in strict compliance with all current applicable technical, safety and safety-related codes adopted by the county, state, or federal government, including, but not limited to, the most recent editions of the National Electrical Safety Code and the National Electrical Code, the EIA/TIA-222 G as amended, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding codes the more stringent code shall apply.

(e)

A collocation or eligible facilities request application is deemed complete unless the county provides notice that the application is incomplete in writing to the applicant within 45 days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. A county may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, state, and local safety requirements. A county may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.

(f)

The county shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the county shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete.

(g)

A county may impose a fee not to exceed the statutory limit prescribed in G.S. 153A-349.53 for technical consultation and the review of a collocation or eligible facilities request application. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of a collocation application. The county may engage a third-party consultant for technical consultation and the review of a collocation or eligible facilities request application. The fee imposed by a county for the review of the application may not be used for either of the following:

(1)

Travel expenses incurred in a third party's review of a collocation application.

(2)

Reimbursement for a consultant or other third party based on a contingent fee basis or results-based arrangement.

(Amend. of 6-16-2014, § 1(32-574); Amend. of 4-19-2021(2), § 1)

All applications for the construction or installation of a new wireless support structure or substantial modification of wireless support structures for nonbroadcast facilities shall be accompanied by a report containing the information hereinafter set forth. All documentation shall be submitted by persons so qualified. Such qualifications shall be included with the materials. Where this section calls for professional certification, such certification shall be by a qualified state-licensed professional engineer. In addition to the submittal requirements of any subsection below, each applicant for an antenna attachment, collocation, or new freestanding wireless support structure shall submit a completed application form and required application fees as part of its submittal package:

(1)

An affidavit by a radio frequency engineer demonstrating compliance with section 32-571. If a lower ranking alternative is proposed the affidavit must address why higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility.

(2)

Proof that a property and/or wireless support structures owner's agent has appropriate authorization to act upon the owner's behalf (if applicable). A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards.

(3)

Name, address, email address, and phone number of the person preparing the report.

(4)

Name, address and phone number of the property owner, operator, and applicant, to include the legal form of the applicant.

(5)

Postal address and tax map parcel number of the property.

(6)

Zoning district or designation in which the property is situated.

(7)

Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines.

(8)

Location of nearest residential structure.

(9)

Location of nearest habitable structure.

(10)

Location, size and height of all structures on the property which is the subject of the application.

(11)

Location, size and height of all proposed and existing antennae and all appurtenant structures.

(12)

Type, locations and dimensions of all proposed and existing landscaping and fencing.

(13)

The number, type and design of the wireless support structures proposed and the basis for the calculations of the wireless support structure's capacity to accommodate multiple collocations.

(14)

A description of the proposed wireless support structure and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting.

(15)

Statement that the proposed facility will comply with FCC rules regarding RF exposure to humans.

(16)

Statement that the proposed facility will comply with FCC rules on radio interference.

(17)

Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless support structure on the proposed site, though the certifying engineer need not be approved by the county.

(18)

Submit evaluation that collocation on an existing wireless support structure or structures within the applicant's search ring is not reasonably feasible because collocation is technically or commercially impractical or the owner of the existing wireless support structure or structures is unwilling to enter into a contract for such use at fair market value. Evaluation shall also include 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 or collocation is necessary to provide the applicant's designed service.

(19)

Applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new wireless support structure that it constructs.

(20)

A certification by a state-registered professional engineer that the structure complies with EIA/TIA 222 G (as amended).

(Amend. of 6-16-2014, § 1(32-576))

All applications for the construction or installation of a new wireless support structure for broadcast facilities shall be accompanied by a report containing the information hereinafter set forth. All documentation shall be submitted by persons so qualified. Such qualifications shall be included with the materials. Where this section calls for professional certification, such certification shall be by a qualified state-licensed professional engineer. In addition to the submittal requirements of any subsection below, each applicant for an antenna attachment, collocation, or new wireless support structure shall submit a completed application form and required application fees as part of its submittal package.

All new broadcast towers shall meet the following requirements:

(1)

Subject to approval of major special use permit.

(2)

Two site plans (drawn to scale) addressing all the development standards in article IV.

(3)

Technical data included in the report shall include the purpose of the proposed facility as described in the FCC construction permit application.

(4)

One original and two copies of a survey of the property completed by a registered professional engineer, licensed in the state, showing all existing uses, structures, and improvements.

(5)

Six sets (24 inches × 36 inches) of signed and sealed site plans, including structure elevations, to include: landscape plans, maximum height of the proposed tower and/or antenna, including individual measurement of the base, the antenna support structure and lightning rod, and two reduced copies (8½ inches × 11 inches), of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities. The site plans shall identify adjacent land owners, land uses, height of principal building, size of lots, and existing zoning and land use designation.

(6)

The site plan shall include: Deed book, and page and map book and page reference; name of project; scale, north arrow, vicinity map, zoning, water shed classification - percent coverage of lot to be impervious surface (if located in a designated watershed area) also delineate the location and classification of all major public or private streets and rights-of-way, driveways, public parking areas, pedestrian ways, trails and bikeways within 500 feet of property boundary, including zoning district boundaries, on a 24 inch × 36 inch sheet, together with a list of property owners within 2,500 feet of the subject property and keyed to the map. The list must be from the most current ownership information supplied by the county property appraiser's office, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant's ability.

(7)

Proof that a property and/or antenna support structure owner's agent has appropriate authorization to act upon the owner's behalf (if applicable). A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards regarding interference to other radio services. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards regarding human exposure to RF energy.

(8)

A stamped or sealed structural analysis of the proposed antenna support structure prepared by a registered professional engineer, licensed by the state, indicating the proposed and future loading capacity of the antenna support structure is compliant with EIA/TIA-222-G (as amended).

(9)

A written statement by a registered professional engineer, licensed by the state, specifying the design structural failure modes of the proposed facility, if applicable.

(10)

A preapplication conference will be required for any new broadcast facility and/or support structure.

(11)

Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property.

(12)

Prior to issuance of a building permit, proof of FAA compliance with subpart C of the Federal Aviation Regulations, part 77, and "Objects Affecting Navigable Airspace," if applicable.

(Amend. of 6-16-2014, § 1(32-576); Amend. of 4-19-2021(2), § 1)

In order to ensure that the placement, construction, and modification of new wireless support structures protects the county's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this article, the county board hereby adopts an overall policy with respect to a major special use permit for new wireless support structures for the express purpose of achieving the following goals:

(1)

Implementing an application process for person(s) seeking a major special use permit for a wireless support structure;

(2)

Establishing a policy for examining an application for and issuing a major special use permit for wireless support structure that is both fair and consistent;

(3)

Establishing reasonable timeframes for granting or not granting a major special use permit for a wireless support structure, or recertifying or not recertifying, or revoking the major special use permit granted under this article;

(4)

Requiring and encouraging, wherever possible, the sharing and/or collocation of wireless support structure among service providers;

(5)

Requiring the placement, height and quantity of wireless support structure in such a manner as to minimize adverse aesthetic impacts to the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless support structure.

(Amend. of 6-16-2014, § 1(32-577); Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-578, and in so doing changed the title of said section from overall policy and desired goals for special use permits for wireless support structures to read as set out herein.

No person shall be permitted to site, place, build, construct or modify, or prepare any site for the placement or use of, wireless support structure as of the effective date of this article without having first obtained a major special use permit for a wireless support structure. Notwithstanding anything to the contrary in this section, no major special use permit shall be required for those exceptions noted in the definition of wireless support structures. All applicants for a major special use permit and/or any modification of such facility shall comply with the requirements set forth in this section.

(1)

There shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues that will help to expedite the review and permitting process. A preapplication meeting may also include a site visit if required.

(2)

An applicant shall submit to the wireless ordinance administrator the number of completed applications determined to be needed at the preapplication meeting. Written notification of the application shall be provided to the legislative body of all adjacent municipalities within one mile of the proposed wireless support structure site.

(3)

Wireless support structure requiring a major special use permit shall not be installed or constructed until the site plan is reviewed and approved by the board, and the major special use permit has been issued.

(4)

An application for a major special use permit for a wireless support structure shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.

(5)

The landowner, if different than the applicant, shall also sign the application. Any false or misleading statement in the applicant shall subject the applicant to denial of the application without further consideration or opportunity for correction.

(6)

It is intended that all new nonbroadcast wireless support structure be 199 feet or less in height. However, should a nonbroadcast wireless support structure be required in excess of 199 feet, under no circumstance shall any nonbroadcast wireless support structure exceed 300 feet. An applicant for new nonbroadcast wireless support structure in excess of 199 feet must prove by preponderance of the evidence that the wireless support structure service area will be substantially compromised if constructed at 199 feet.

(7)

Height for broadcast facilities shall be evaluated on a case-by-case basis; the determination of height contained in the applicant's FCC Form 351/352 construction permit or application for construction permit and an FAA determination of no hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.

(8)

Freestanding nonbroadcast towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology:

a.

If the tower is constructed using breakpoint design technology (see section 32-571), the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a registered professional engineer, licensed by the state, of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. (For example, on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district);

b.

If the tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower.

(9)

The board, in determining whether a wireless support structure is in harmony with the area or the effects and general compatibility of a telecommunications facilities with adjacent properties, may consider the aesthetic effect of the facility as well as mitigating factors concerning aesthetics, and may approve a height less than that being proposed or disapprove a facility on the grounds that such aesthetic effects are unacceptable. Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic area and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of wireless support structures in the proposed area; and whether the height, design, placement or other characteristics of the proposed facility could be modified to have a less intrusive visual impact.

(10)

All freestanding nonbroadcast wireless support structures up to 120 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays. All nonbroadcast wireless support structures between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five antenna arrays. All nonbroadcast wireless support structures between 151 feet and taller shall be engineered and constructed to accommodate no less than six antenna arrays.

(11)

All utilities at a wireless support structures site shall be installed underground and in compliance with all ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The board may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the board, such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

(12)

Lighting on wireless support structures shall not exceed the Federal Aviation Administration (FAA) minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.

(13)

The applicant shall, in a manner approved by the board, demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed wireless support structures base and all related facilities and structures.

(14)

The applicant shall furnish written certification by a professional engineer, licensed in the state, that the telecommunications facility, foundation and attachments are designed and will be constructed to meet EIA/TIA 222 G (as amended) structural requirements for loads, including wind and ice loads for the specified number of collocations.

(15)

The applicant for a nonbroadcast wireless support structure shall submit a completed long form GCEDC and a completed visual addendum based on the results of the visual impact assessment noted below. The board may require submission of a more detailed visual analysis after submittal of required information. The scope of the required environmental and visual assessment will be reviewed at the preapplication meeting.

The applicant shall furnish a visual impact assessment which shall include:

a.

A "zone of visibility map" which shall be provided in order to determine locations where the tower may be seen.

b.

All wireless support structures shall contain a demonstration that the wireless support structure be sited so as to have the least adverse visual impact on the environment and its character, on existing vegetation, and on the properties in the area of the wireless support structures sites. New nonbroadcast freestanding wireless support structures shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.

c.

Pictorial representations of "before and after" views from key viewpoints both inside and outside of the county as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key sites at a preapplication meeting.

d.

Antennas shall be mounted on wireless support structures so as to present the smallest possible silhouette, profile, or cross-section, unless there is sufficient evidence such applications would prohibit the applicant from properly deploying the network. Preferred antenna mounting scenarios are, in order of descending preference:

1.

Wireless support structures that are a "unipole" or "concealed monopole" design with an internal antenna that is concealed from appearance with an external RF transparent skin or cover cylinder in shape;

2.

Panel external antennas flush-mounted against the wireless support structure;

3.

Compact dual-polarized antennas in a cylindrical unicell arrangement extending no more than two feet from the site of the supporting structure and mounted atop the tower;

4.

Antennas mounted at the end of the straight or curved davit arm or brackets extending from the sides of the tower;

5.

Antennas using mounts other than those listed in subsections 1—4. above.

e.

Description of the visual impact of the tower base, guy wires (if applicable) and accessory buildings from abutting and adjacent properties and streets.

f.

All accessory or associated facilities shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of concealed or concealment technology as required by the county.

g.

Nonconcealed monopoles shall be of a galvanized finish, or painted with a rust-preventive coating of an appropriate color to harmonize with the surroundings as approved by the board, and shall be maintained in accordance with the requirements of this article.

(16)

Applications not meeting the requirements stated herein or which are otherwise incomplete, shall be rejected by the ordinance administrator.

(17)

Within 30 days after initial review of an application by the county's consultant, the applicant is required to hold a community meeting to present the proposed application for community comments at an afternoon or evening time, date and place of the applicant's choosing within the general area of the proposed wireless support structure. The applicant shall mail a notice of the community meeting to the owner of the property that is subject of the community meeting if the owner did not initiate the community meeting; and to the owners of all parcels of land abutting the parcel of land that is subject of the community meeting and shall place a public notice of the community meeting in the newspaper having general circulation in the county, published once a week for two consecutive weeks. Said notice shall be published the first time not less than ten days and not more than 25 days prior to the date established for the community meeting. Said notice shall be published the first time not less than ten days and not more than 25 days prior to the date established for the community meeting. The mailed notice must be deposited in the mail at least ten days, but no more than 25 days, prior to the date of the community meeting. The applicant shall place at the nearest point along the public road to the proposed facility site, a public notice sign of a minimum size [of] four feet by eight feet sign face or larger at least ten days, but no more than 25 days, prior to the community meeting giving notice on the location, date, time and purpose of the meeting.

(18)

In order to better inform the public, in the case of a new nonbroadcast wireless support structure tower, the applicant shall prior to the community meeting on the application, hold a "balloon test" as follows:

a.

Applicant shall arrange to fly, or display, a minimum of a three-foot-diameter brightly colored balloon at the maximum height of the proposed new tower. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised twice by the applicant, with the first advertisement at least ten days prior to the balloon test (not including date of first advertisement), and not earlier than 25 days prior the balloon test (not including first day of advertisement) in a newspaper with a general circulation in county and agreed to by the board.

b.

The applicant shall inform the board, in writing, of the dates and times of the test, at least 14 days in advance.

c.

The balloon shall be flown for at least four consecutive hours between 7:00 a.m. and 4:00 p.m. of the dates chosen. The primary date shall be on a weekend, but the second date, if needed, may be on a weekday.

d.

Prior to conducting the balloon test, an applicant shall place or have caused to be placed a sign four feet by eight feet on the edge of the subject property informing the public of the date and time of the balloon test by the date of the first advertisement in the local newspaper and the purpose of the balloon test.

(19)

The applicant shall include a statement in writing:

a.

That the applicant's proposed wireless support structures shall be maintained in a safe manner, and in compliance with all conditions of the major special use permit, without exception, unless specifically granted relief by the board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations.

b.

That the construction of the wireless support structure is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.

c.

Any and all representations made by the applicant to the board, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the board.

(20)

The board is the officially designated agency or body of the community to whom applications for a major special use permit for a wireless support structure must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking major special use permits for wireless support structures. The board may approve any site listed as a lower preference in section 32-572 provided that the board finds that the proposed site is in the best interest of the health, safety and welfare of the county and its inhabitants. The board may, at its discretion, request other official agencies of the county to evaluate and make recommendations to the board with respect to the granting or not granting, recertifying or not recertifying or revoking major special use permits for wireless support structures.

(21)

The county may conditionally approve a major special use permit for wireless support structure on the provision of documentation prior to the issuance of a building permit establishing the existence of one or more parties, including the owner of the wireless support structure who intend to locate wireless facilities on the wireless support structure. The county shall not deny an initial land use or zoning permit based on such documentation. The county may condition a permit on a requirement to construct facilities within a reasonable period of time, which shall be no less than 24 months.

(22)

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the board may disapprove an application for any of the following reasons:

a.

Conflict with safety and safety-related codes and requirements;

b.

Conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws;

c.

Conflict with the historic nature of a neighborhood or historical designations by the National Register of Historic Places;

d.

The use or construction of wireless support structures which is contrary to an already stated purpose of a specific zoning or land use designation;

e.

Presence of another approved wireless support structure application within the geographic search area;

f.

Conflicts with the provisions of this article.

(23)

A person who holds a major special use permit for a wireless support structure shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless support structure in strict compliance with all current applicable technical, safety and safety-related codes adopted by the county, state or United States, including, but not limited to, the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.

(24)

A holder of a major special use permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the county or other governmental entity or agency having jurisdiction over the applicant.

(25)

The holder of a major special use permit shall notify the county of any intended modification of a wireless support structure and shall apply to the county to modify, relocate or rebuild a wireless support structure.

(Amend. of 6-16-2014, § 1(32-578); Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-579, and in so doing changed the title of said section from special use permit applications for any wireless support structure requirements to read as set out herein.

The board or ordinance administrator may retain any consultant and/or expert necessary to assist the board or ordinance administrator in reviewing and evaluating the wireless support structure application, including antenna attachments, collocations and the construction and modification of the site, once permitted, and any requests for recertification.

(Amend. of 6-16-2014, § 1(32-579))

All wireless support structures existing on or before the effective date of this article shall be allowed to continue as they presently exist, provided, however, that any modification to existing wireless support structures must comply with this article.

(Amend. of 6-16-2014, § 1(32-580); Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-580.1, and in so doing changed the title of said section from exceptions from a special use permit for wireless support structures to read as set out herein.

The extent and parameters of a major special use permit for wireless support structures shall be as follows:

(1)

Such major special use permit shall be nonexclusive;

(2)

Such major special use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the major special use permit for a wireless support structure or for a material violation of this article after prior written notice to the applicant and the holder of the major special use permit.

(Amend. of 6-16-2014, § 1(32-580.1); Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-580.2, and in so doing changed the title of said section from extent and parameters of special use permit for wireless support structures to read as set out herein.

At the time that a person submits an application for a major special use permit for a new wireless support structure, such person shall pay a nonrefundable application fee to the county. If the application is for an antenna collocation permit for collocating on an existing wireless support structure or other structure, where no increase in height of the wireless support structure or other structure is required, the nonrefundable fee shall be the amount approved by the board of commissioners under planning fee schedule for the county budget for that current year.

(Amend. of 6-16-2014, § 1(32-580.2); Amend. of 4-19-2021(2), § 1)

In order to verify that the holder of a major special use permit and/or antenna collocation permit for wireless support structures and any and all lessees, renters and/or licensees of wireless support structures, place and construct such facilities, including wireless support structures and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the county may inspect all facets of said permit holder's, renter's, lessee's, or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and building or other structures constructed or located on the permitted site. The county shall set fees, payable to Granville County.

(Amend. of 6-16-2014, § 1(32-580.3); Amend. of 4-19-2021(2), § 1)

In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of an antenna, antenna array or applicant for a collocation shall agree in a written statement to the following:

(1)

Compliance with "good engineering practices" as defined by the FCC in its rules and regulations.

(2)

Compliance 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 (RFI).

(3)

In the case of an application for collocated wireless facility, the applicant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the county's public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference.

(4)

Whenever the county has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps shall be taken:

a.

The county shall provide notification to all wireless service providers operating in the county of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate with the county and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry—public safety "Best Practices Guide," released by the FCC in February 2001, including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time in any successor regulations.

b.

If any equipment owner fails to cooperate with the county in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the county public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the county for all costs associated with ascertaining and resolving the interference, including, but not limited to, any engineering studies obtained by the county to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Best Practices Guide" within 24 hours of county's notification.

(Amend. of 6-16-2014, § 1(32-580.4))

(a)

In the event of a violation of this article or any major special use permit or antenna collocation permit issued pursuant to this article, the board may impose and collect, and the holder of the major special use permit or antenna collocation permit on wireless support structures shall pay to the county, fines or penalties as set forth in section 32-1183 and 32-1184 of this chapter not inconsistent with any enforcement remedy allowed pursuant to G.S. ch. 160D.

(Amend. of 6-16-2014, § 1(32-580.5); Amend. of 4-19-2021(2), § 1)

Editor's note— Amend. of April 19, 2021(2), § 1 amended § 32-580.6, and in so doing changed the title of said section from fines to read as set out herein.

(a)

If wireless support structures are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this article or of the major special use permit or antenna collocation permit, then the board or ordinance administrator shall notify the holder of the major special use permit or antenna collocation permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this article, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the board may, at its sole discretion, order the violation remedied within 24 hours.

(b)

If within the period set forth in subsection (a) above, the wireless facility and/or wireless support structures are not brought into compliance with the provisions of this article, or of the major special use permit or antenna collocation permit, or substantial steps are not taken in order to bring the affected wireless facility and/or wireless support structures into compliance, then the board or ordinance administrator may revoke such major special use permit or antenna collocation permit for wireless facility and/or wireless support structures, and shall notify the holder of the major special use permit within 48 hours of such action.

(Amend. of 6-16-2014, § 1(32-580.6); Amend. of 4-19-2021(2), § 1)

(a)

Under the following circumstances, the board or ordinance administrator may determine that the health, safety, and welfare interests of the county warrant and require the removal of wireless facility and/or wireless support structures:

(1)

A wireless facility and/or wireless support structures with a permit have been abandoned (i.e., not used as a wireless facility and/or wireless support structure) for a period exceeding 90 days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

(2)

Permitted wireless facility and/or wireless support structures fall into such a state of disrepair that it creates a public health or safety hazard;

(3)

A wireless facility and/or wireless support structures that have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required major special use permit or antenna collocation permit, or any other necessary authorization.

(b)

If the board or ordinance administrator makes such a determination as noted in subsection (a) of this section, the board or ordinance administrator shall notify the holder of the major special use permit or antenna collocation permit for the wireless facility and/or wireless support structure within 48 hours that said wireless facility and/or wireless support structure are to be removed, the board or ordinance administrator may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless facility and/or wireless support structure.

(c)

The holder of the major special use permit or antenna collocation permit, or its successors or assigns, shall dismantle and remove such wireless facility and/or wireless support structure, and all associated structures and facilities, from the site and restore the site as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the board or ordinance administrator. However, if the owner of the property upon which the wireless facility and/or wireless support structure are located wishes to retain any access roadway to the wireless facility and/or wireless support structure, the owner may do so with the approval of the board.

(d)

If the wireless facility and/or wireless support structure are not removed or substantial progress has not been made to remove the wireless facility and/or wireless support structure within 90 days after the permit holder has received notice, then the board or ordinance administrator may order officials or representatives of the county to remove the wireless facility and/or wireless support structure at the sole expense of the owner or major special use permit or antenna collocation permit holder.

(e)

If, the county removes, or causes to be removed, wireless facility and/or wireless support structure, and the owner of the wireless facility and/or wireless support structure does not claim and remove it from the site to a lawful location within ten days, then the county may take steps to declare the wireless facility and/or wireless support structure abandoned, and sell them and their components.

(f)

Notwithstanding anything in this section to the contrary, the board or ordinance administrator in the case of an antenna collocation permit may approve a temporary use permit/agreement for the wireless facility and/or wireless support structure, for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless facility and/or wireless support structure shall be developed by the holder of the major special use permit or antenna collocation permit, subject to the approval of the board or ordinance administrator in the case of an antenna collocation permit, and an agreement to such plan shall be executed by the holder of the major special use permit or antenna collocation permit and the county. If such a plan is not developed, approved and executed within the 90-day time-period, then the county may take possession of and dispose of the affected wireless facility and/or wireless support structure in the manner provided in this section.

(Amend. of 6-16-2014, § 1(32-580.7); Amend. of 4-19-2021(2), § 1)

(a)

The board may at any time conduct a review and examination of this entire article.

(b)

If after such a periodic review and examination of this article, the board determines that one or more provisions of this article should be amended, repealed, revised, clarified, or deleted, then the board may take whatever measures are necessary in accordance with applicable law in order to accomplish the same. It is noted that where warranted, and in the best interests of the county, the board may repeal this entire article at any time.

(c)

Notwithstanding the provisions of subsections (a) and (b) of this section, the board may at any time, and in any manner (to the extent permitted by federal, state or county ordinance) amend, add, repeal, and/or delete one or more provisions of this article.

(d)

The board may at any time review a wireless facility and/or wireless support structure that exist at the time of adoption of this article and may establish public safety and recertification procedures for existing wireless facilities and/or wireless support structure and subject to said regulations as adopted by the board.

(Amend. of 6-16-2014, § 1(32-580.8))

(a)

To the extent that the holder of a major special use permit or antenna collocation permit for a wireless facility and/or wireless support structure has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a major special use permit or antenna collocation permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

(b)

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of the major special use permit or antenna collocation permit for a wireless facility and/or wireless support structure, then the holder of such a major special use permit shall conform the permitted wireless facility and/or wireless support structure to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

(Amend. of 6-16-2014, § 1(32-580.9); Amend. of 4-19-2021(2), § 1)

Where this article differs or conflicts with other ordinances, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, the more restrictive or protective of the county and the public shall apply.

(Amend. of 6-16-2014, § 1(32-580.10))

This article shall be effective immediately upon passage, pursuant to applicable legal and procedural requirements.

(Amend. of 6-16-2014, § 1(32-580.11))

The provisions of this article are adopted by the county board of commissioners under the authority granted by the general assembly of the State of North Carolina, in G.S. 160D-932. From and after the effective date hereof, this article shall apply to every lot, tract, parcel of land within the county, exclusive of the jurisdictions of any incorporated municipality and their extraterritorial planning jurisdictions or the state department of human resources referred to as Camp Butner set forth in G.S. 122C-401, as amended.

(Amend. of 6-16-2014, § 1(32-580.12); Amend. of 4-19-2021(2), § 1)