11-5.1.

Purpose and Intent. The purpose and intent of this ordinance is to:

1.

Promote the health, safety, and general welfare of the public by regulating the siting of wireless communication facilities.

2.

Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility including the allowance of only non-illuminated wireless communication facilities within residential districts.

3.

Encourage the location and colocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna support structures.

4.

Accommodate the growing need and demand for wireless communication services.

5.

Encourage coordination between suppliers and providers of wireless communication services.

6.

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.

7.

Protect the character of the County while meeting the needs of its citizens to enjoy the benefits of wireless communications services.

8.

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

9.

Consideration of and compatibility with the goals and objectives of the Nash County Land Use Land Development Plan.

11-5.2.

Definitions.

Ancillary Structure means, for the purposes of this ordinance, any form of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets.

Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including but not limited to: telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

Antenna Array means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

Antenna Element means any antenna or antenna array.

Antenna Support Structure means a vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet. Types of support structures include the following:

Guyed Structure means a style of antenna 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.

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

Monopole Structure means a style of freestanding antenna 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 antenna 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.

Anti-Climbing Device means a piece or pieces of equipment, which are either attached to an antenna support structure, or which are freestanding and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wraparound structure legs, "squirrel-cones," or other approved devices, but excluding the use of barbed or razor wire.

ASR means the Antenna Structure Registration Number as required by the FAA and FCC.

Base Station means the electronic equipment utilized by the wireless providers for the transmission and reception of radio signals.

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.

Collocation means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment.

Combined Antenna means an antenna or an antenna array designed and utilized to provide services for more than one wireless provider for the same or similar type of services.

Development Area means the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways.

Equipment Compound means the fenced area surrounding the ground-based wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the WCF that is above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures.

Equipment Cabinet means any structure above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures. Equipment cabinets are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

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

Flush-Mounted means any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

Geographic Search Ring 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 Structure. (See Antenna Support Structure.)

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.

Lattice Structure. (See Antenna Support Structure)

Least Visually Obtrusive Profile means the design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function.

Master Telecommunications Plan means a plan developed to enforce applicable development standards, state statues, and federal regulations related to the deployment of wireless telecommunications infrastructure.

Mitigation means a modification of an existing antenna support structure to increase the height, or to improve its integrity, by replacing or removing one or several antenna support structure(s) located in proximity to a proposed new antenna support structure in order to encourage compliance with this ordinance or improve aesthetics or functionality of the overall wireless network.

Monopole Structure. (See Antenna Support Structure.)

Personal Wireless Service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Public Safety Communications Equipment means all communications equipment utilized by a public entity for the purpose of ensuring the safety of the citizens of the County and operating within the frequency range of 700 MHz and 1,000 MHz and any future spectrum allocations at the direction of the FCC.

Radio Frequency Emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection.

Replacement. (See Mitigation.)

Satellite Earth Station means a single or group of round or parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Tower. (See Antenna Support Structure.)

WCF. (See Wireless Communication Facility.)

Wireless Communications means any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging).

Wireless Communication Facility (WCF) means any staffed or unstaffed 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, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be deemed a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, collocation on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Excluded from the definition are: non-commercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities.

Specific types of WCFs include:

Attached WCF means an antenna or antenna array that is secured to an existing building or structure other than an antenna support 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 communications facility is considered to be an accessory use to the existing principal use on a site. (See also Freestanding WCF.)

Concealed WCF, sometimes referred to as "Stealth" or a camouflaged facility, means a WCF, ancillary structure, or WCF 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 WCFs: 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 WCFs usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, light standard, flagpole with or without a flag, or tree.

Freestanding WCF means any unstaffed 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 communication facility includes, but is not limited to the following: guyed, lattice, or monopole antenna support structures. (See also Attached WCF.)

Non-concealed WCF means a wireless communication facility that is readily identifiable as such and can be either freestanding or attached. (See also Concealed WCF.)

11-5.3.

Applicability. Except as provided in Section 11-5.4 (Exempt Installations), the following shall apply to the development activities including installation, construction, or modification of the following wireless communications facilities:

1.

Existing antenna support structures.

2.

Proposed antenna support structures.

3.

Public antenna support structures.

4.

Replacement of existing antenna support structures.

5.

Collocation on existing antenna support structures.

6.

Attached wireless communications facilities.

7.

Concealed wireless communications facilities.

11-5.4.

Exempt Installations. The following items are exempt from the provisions of this ordinance.

1.

Non-commercial, amateur radio station antennas.

2.

Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts.

3.

A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

4.

A government-owned wireless communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

5.

A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the County and approved by the County; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this division up to three (3) months after the duration of the state of emergency.

6.

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

7.

Antenna support structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission shall be regulated in accordance with federal and other applicable local regulations.

11-5.5.

Development Standards—Generally.

a.

Applicability. Unless otherwise specified within this Ordinance, all development standards upon which the WCF is located shall apply. Where permitted as provided in Sections 11-5.6 (Permitted Uses by Zoning District) and 11-5.7 (Siting Alternatives Hierarchy), the following development standards apply to all new, mitigated, colocated, or combined wireless facility installations. Where any conservation, historic or scenic overlay districts or corridor plans also apply, the most restrictive standards shall govern.

b.

Equipment cabinets. Cabinets shall not be visible from public views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

c.

Fencing. All equipment compounds shall be enclosed with a wood/brick/masonry/chain link with slats fence.

d.

Buffers. The proposed WCF equipment compound shall be landscaped as outlined in Section 11-5.8 paragraph (1)(o) herein.

e.

Signage.

i.

Attaching commercial messages for off-site and on-site advertising shall be prohibited.

ii.

The only signage that is permitted upon a non-concealed antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable).

iii.

Where signs are otherwise permitted, a WCF may be concealed inside such signage, provided that all applicable standards for both the signage and the concealed WCF are met.

f.

Lighting.

i.

No WCF located within a residential zoning district shall be constructed or modified so as to require lighting. Illuminated WCFs are not desirable within residential zoning districts and the extension of an existing, non-illuminated WCF to a height requiring illumination subject to the standards of the Federal Aviation Administration (FAA) shall constitute a substantial change for permitting purposes.

ii.

Lighting on WCF's, if required by the Federal Aviation Administration (FAA), shall not exceed the 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 to minimize the potential attraction to migratory birds. 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 residential property, consistent with FAA requirements.

g.

Conformance with building codes. WCF's and their equipment compounds shall be constructed and maintained in conformance with all applicable building code requirements.

h.

Equipment compound.

i.

Shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). No outdoor storage yards shall be allowed in a WCF equipment compound.

ii.

Shall not be used as habitable space.

iii.

Where feasible, one building with multiple compartments shall be constructed to serve the total number of colocation tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a master site plan shall be provided to demonstrate how all-potential colocation equipment cabinets will be accommodated within the compound.

i.

Compliance with federal standards for interference protection. Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection.

j.

Compliance with ANSI standards. In order to protect the public from excessive exposure to electromagnetic radiation, the WCF applicant shall certify through a written statement that the facility meets or exceeds current American National Standards Institute (ANSI) standards as adopted by the FCC.

k.

Abandonment.

i.

WCF's and the equipment compound shall be removed, at the owner's expense, within one hundred eighty days (180) days of cessation of use, unless the abandonment is associated with a replacement antenna structure as provided in Section 11-5.8 (Submittal Requirements), in which case the removal shall occur within one hundred eighty days (180) days of cessation of use.

ii.

An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The County may extend the time for removal or reactivation up to ninety (90) additional days upon a showing of good cause. If the antenna support structure or antenna is not removed in a timely fashion, the County may give notice that it will contract for removal within sixty (60) days following written notice to the owner. Thereafter, the County may cause removal of the antenna support structure with costs being borne by the current WCF or land owner.

iii.

Upon removal of the WCF, the equipment compound and at ground foundations including two feet below ground level, the development area shall be returned to its natural state and topography and vegetation shall be consistent with the natural surroundings or consistent with the current use of the land at the time of removal. The cost of rehabilitation shall be borne by the current WCF or land owner.

2.

Attached Wireless Communication Facilities.

a.

Generally.

i.

Height. The top of the attached WCF shall not be more than twenty (20) feet above the existing or proposed building or structure.

ii.

Setbacks. An attached WCF and its equipment compound shall be subject to the setbacks of the underlying zoning district. Antennas may extend a maximum of 30 inches into the setback. However no antenna or portion of any structure shall extend into any easement.

iii.

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

b.

Attached non-concealed WCF's.

i.

Allowable locations. Shall only be allowed on existing nonconcealed antenna support structures and, where the applicant has an agreement with the applicable utility or other authority that exercises jurisdiction over the subject right of way, on electrical distribution poles, transmission towers, and existing ball park light poles greater than fifty (50) feet in height, subject to approval of the designated staff or other appropriate agency designee and/or the utility company.

ii.

Equipment compound or cabinets. Equipment compounds or cabinets for WCF's under this subsection shall be designed and located in such a manner as to not interfere with the subject right of way or its primary utilization.

3.

Freestanding Wireless Communication Facilities.

a.

Generally.

i.

Determination of need. No new or mitigated freestanding WCF shall be permitted unless the applicant demonstrates that no existing structure can reasonably accommodate the applicant's proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search ring to be served by the proposed antenna support structure.

ii.

Designed for concealed colocation. All new or mitigated freestanding WCF shall be designed for maximum colocation installations.

iii.

Designed for nonconcealed colocation. All new or mitigated freestanding WCF's up to 80 feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF's between eighty-one (81) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCF's between one hundred and one (101) and one hundred and twenty-five (125) feet shall be engineered and constructed to accommodate no less than four (4) antenna arrays. Where permitted, all WCF's between one hundred and twenty-six (126) feet and three hundred (300) feet shall be engineered and constructed to accommodate no less than five (5) antenna arrays.

iv.

Minimum lot size. All new and mitigated freestanding WCF's shall meet minimum lot size standards of the underlying zoning district. unless meeting the requirements for a special purpose lot.

v.

Least visually obtrusive profile.New freestanding antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding WCF's shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.

vi.

Grading. Grading shall be minimized and limited only to the area necessary for the new WCF as approved by the County's Planning and Development Department.

vii.

Safety. All support structures shall be certified to comply with the safety standards contained in the Electronics Industries Association /Telecommunications Industries Association (EIA/TIA) document 222-F, or current standard, "Structural Standards for Steel Antenna Towers and Supporting Structures," or current standard, as amended, by a Registered North Carolina Professional Engineer.

b.

Freestanding concealed WCF's.

i.

Height.

(1)

In all nonresidential zoning districts where permitted, the maximum height shall be limited to one hundred and eighty (180) feet.

(2)

All height limits shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.

ii.

Setbacks. The concealed freestanding WCF and its equipment compound shall be subject to the setbacks of the zoning district and shall meet the setback requirements as described in Section 11-5.5 (3-C-iii-1).

c.

Freestanding non-concealed WCF's.

i.

Antenna support structure. Freestanding non-concealed WCF's shall be limited to either a lattice type or a monopole type antenna support structures unless the applicant successfully demonstrates that such design is not feasible to accommodate the intended uses.

ii.

Height.

(1)

The maximum height in all residential zoning districts shall be limited to one hundred ninety nine feet. The height shall include any lightning arresters or lightning rods. (Amended 2/4/2019)

(2)

The maximum height in all nonresidential zoning districts shall be limited to three hundred (300) feet. The height limit shall include foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.

iii.

Setbacks. A non-concealed freestanding WCF and its equipment compound shall be subject to the regulations applicable to the underlying zoning district, except where the minimum setback distance for an antenna support structure from any property line or public right-of-way is less than the height of the proposed antenna support structure. In that case:

(1)

If the antenna support structure has been constructed using breakpoint design technology as defined in Section 11-5.2 (Definitions), 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, plus the minimum setback distance. 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 setback for that zoning district. Certification by a registered professional engineer licensed by the State of North Carolina of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.

(2)

If the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed antenna support structure.

iv.

Least visually obtrusive profile.

(1)

New antenna support structures shall maintain a galvanized gray finish or other approved contextual or compatible color, except as required by federal rules or regulations.

(2)

New antenna shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

d.

Mitigation of existing freestanding WCF's.

i.

Determination of need. WCF mitigation shall accomplish a minimum of one of the following: reduce the number of WCF's, replace an existing WCF with one that is less visually obtrusive, or replace an existing WCF with a new WCF to improve network functionality resulting in compliance with this ordinance.

ii.

Height. The height of a WCF approved for mitigation shall not exceed one hundred and fifteen (115) percent of the height of the tallest WCF that is being mitigated up to a maximum of three hundred (300) feet.

iii.

Setbacks. A new WCF approved for mitigation of an existing WCF shall not be required to meet new setback standards so long as the new WCF and its equipment compound are no closer to any property lines than the WCF and equipment compound being mitigated and is designed to meet the requirements of Section 11-5.5-3-C.iii.1. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks.

iv.

Buffers. The proposed WCF equipment compound shall be landscaped as outlined in Section 11-5.8 paragraph (1)(o) herein.

v.

Least visually obtrusive profile. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zone lots.

4.

Colocated or Combined Facilities.

a.

Generally.

i.

Buffers. The proposed WCF equipment compound shall be landscaped as outlined in Section 11-5.8 paragraph (1)(o) herein.

ii.

Height. A colocated or combined WCF shall not increase the height of an existing antenna support structure by more than twenty (20) feet.

iii.

Setbacks.

(1)

A colocated or combined WCF, its equipment compound, and any ancillary equipment shall be subject to the setbacks of the underlying zoning district.

(2)

When a colocated or combined WCF is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

iv.

Visibility. New antenna shall be flush-mounted onto existing WCF's, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

_____

11-5.6.

Permitted Uses by Zoning District.

P—Permitted per 11.5    S—Special Use Permit    N—Not Permitted

_____

11-5.7.

Siting Alternatives Hierarchy. Siting of a wireless communications facility (WCF) (as herein defined) shall be in accordance with the following siting alternatives hierarchy:

1.

Concealed Attached Wireless Communications Facility.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

2.

Collocated or Combined on Existing Antenna Support Structure Facility, Utility Pole, Distribution Tower or Light Stanchions.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

3.

Freestanding Concealed Wireless Communications Facility.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

d.

In public rights-of-way.

4.

Non-concealed Freestanding Wireless Communications Facility.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

Concealed WCFs proposed on designated County property shall be allowed as Permitted.

For attached, collocated, or combined WCF, the order of ranking preference, highest to lowest, shall be from 1a to 1c and 2a to 2c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in Section 11-5.8.1 (General Submittal Requirements) including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility.

Where a freestanding WCF is permitted the order of ranking preference from highest to lowest shall be from 3a to 3d and 4a to 4c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in Sections 11-5.8.1 (General Submittal Requirements) and 11-5.8.3 (Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs) and demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility, and the existing land uses of the subject and surrounding properties within 300 feet of the subject property.

This section shall not be interpreted to require applicants to locate on publicly-owned sites when lease negotiation processes are prohibitively lengthy or expensive relative to those of the private sector. The applicant is considered justified in selecting a lower-ranked privately-owned property option if the local government fails to approve a memorandum of agreement or letter of intent to lease a specified publicly-owned site within ninety (90) days of the application date, or if it is demonstrated that the proposed lease rate for the specified public-owned site significantly exceeds the market rate for comparable privately-owned sites.

11-5.8. Submittal Requirements. In addition to the submittal requirements of any subsection below, each applicant shall submit a completed application form and required application fees as part of its submittal package.

1.

General Submittal Requirements.

a.

An affidavit by a radio frequency engineer demonstrating compliance with Section 11-5.7 (Siting Alternatives Hierarchy). 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.

b.

Four (4) sets (24?(36?) of signed and sealed site plans, including antenna support structure elevations, and landscape plans if required, and four (4) letter size copies (8½?(11?), of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities. If a Special Use Permit is required, ten (10) copies of the site plan are required.

c.

Proof that a property and/or antenna support structure owner's agent has appropriate authorization to act upon the owner's behalf (if applicable).

d.

A signed statement from a qualified person, together with their qualifications, shall be included that certifies 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 existing facilities located on or immediately adjacent to the proposed facility complies with FCC standards.

e.

Proposed maximum height of the proposed WCF, including individual measurement of the base, the antenna support structure, less the lightning rod.

f.

Photo-simulated post construction renderings of the completed proposed antenna support structure, equipment cabinets, landscaping, and ancillary structures from a minimum of four (4) locations, to include renderings from the vantage point of any adjacent roadways and occupied or proposed nonresidential or residential structures.

g.

If the proposed WCF is subject to FAA regulation, then prior to issuance of a building permit, a copy of all material submitted by the applicant to the FAA and any such approval if available.

h.

If the United States Fish and Wildlife Service require the applicant to submit any information to them concerning the proposed wireless communications facility, the applicant shall also furnish a copy of any material submitted to the United States Fish and Wildlife Service to the County as part of the application package.

i.

Interference with public safety communications. In order to facilitate the regulation, placement, and construction of WCFs, and to ensure that all parties comply to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of a WCF or applicant for a WCF shall agree in a written statement to the following:

i.

Compliance with "Good Engineering Practices" as defined by the FCC in its rules and regulations.

ii.

Certification from the applicant that it complies 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).

iii.

In the case of an application for collocated telecommunications facilities, 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 Section 11-5.8 (5) (Antenna Element Replacements), to attempt to prevent such interference.

iv.

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 WCFs, the following steps shall be taken:

(1)

The County shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, 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.

(2)

If any WCF 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 fails to cooperate and/or the owner of the WCF 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 jurisdiction 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 twenty-four (24) hours of the County's notification.

j.

If requested, materials detailing the locations of existing wireless communications facilities to which the proposed antenna will be a handoff candidate, including latitude and longitude of the proposed and existing antenna.

k.

A map showing the designated search ring.

l.

For all applications except collocations, a radio frequency analysis indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed network design is intended to improve coverage or capacity potential or reduce interference and the proposed facility cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, collocation, or new antenna support structure.

m.

Compliance letter from the State Historic Preservation Office (SHPO).

n.

Completed checklist-demonstrating compliance with the National Environmental Policy Act (NEPA).

o.

Landscaping Requirements.

i.

Landscaping shall be provided in accordance with Section 11-3.3 (B) Screening of Adjoining Incompatible Land Uses - Industrial and Commercial Uses.

3.

Attached, Collocated, and Combined WCFs.

a.

Certification furnished by a Registered Professional Engineer licensed in the State of North Carolina that the WCF has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.

b.

A signed statement from the antenna support structure owner or owner's agent agreeing to allow the collocation of other wireless equipment on the proposed antenna support structure, if the structure is designed or capable of additional wireless equipment.

c.

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.

4.

Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs.

a.

A report and supporting technical data demonstrating that all antenna attachments and collocations, including all potentially useable utility distribution poles or transmission towers and other elevated structures within the proposed geographic search ring, and alternative antenna configurations have been examined, and found unacceptable. The report shall include reasons that existing facilities such as utility distribution poles and transmission towers and other elevated structures are not acceptable alternatives to a new freestanding WCF. The report regarding the adequacy of alternative existing facilities or the mitigation of existing facilities to meet the applicant's need or the needs of service providers indicating that no existing wireless communications facility could accommodate the applicant's proposed facility shall demonstrate any of the following:

i.

No existing wireless communications facilities located within the geographic search ring meet the applicant's engineering requirements, and why.

ii.

Existing wireless communications facilities are not of sufficient height to reasonably meet the applicant's engineering requirements, and cannot be increased in height.

iii.

Existing wireless communications facilities do not have sufficient structural integrity to support the applicant's proposed wireless communications facilities and related equipment, and the existing facility cannot be sufficiently improved.

iv.

Other limiting factors that render existing wireless communications facilities unsuitable.

b.

Technical data included in the report shall include certification by a Registered Professional Engineer licensed in the State of North Carolina or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed WCF, and accompanying maps and calculations demonstrating (using the hierarchy in Section 11-5.7) the need for the proposed WCF.

c.

A statement that the proposed facility meets the siting alternatives hierarchy, or alternatively, that concealment technology is unsuitable for the proposed facility. Costs of concealment technology that exceed facility development costs shall not be presumed to render the technology unsuitable.

d.

The applicant shall provide simulated photographic evidence of the proposed WCFs appearance from four (4) vantage points including the facility types the applicant has considered and the impact on adjacent properties including:

i.

Overall height.

ii.

Configuration.

iii.

Physical location.

iv.

Mass and scale.

v.

Materials and color.

vi.

Illumination.

vii.

Architectural design.

If applicable, the applicant shall provide a statement as to the potential visual and aesthetic impacts of the proposed WCF on all adjacent residential zoning districts.

e.

Certification furnished by a Registered Professional Engineer licensed in the State of North Carolina, that the WCF has sufficient structural integrity to accommodate the required and a proposed number of collocations.

f.

A written statement by a Registered Professional Engineer licensed by the State of North Carolina specifying the design structural failure modes of the proposed facility, if applicable, identification of the intended service providers of the WCF.

5.

Antenna Element Replacements.

a.

Any repair or replacement of an existing antenna or antenna array with another of like model, type, and number, and which will not alter the structural integrity of the support structure, shall be exempted from further review provided that a notarized certification shall be submitted by a qualified technician stating that the replacement will not alter the structural integrity of the support structure, and that any changes will not affect electrical specifications.

b.

For any repair or replacement of an existing antenna or antenna array on a WCF that changes the mechanical or electrical specifications of the WCF, but does not increase the number and/or size of feed lines to the existing WCF, the applicant must, prior to making such modifications, submit the following:

i.

A written statement setting forth the reasons for the modification.

ii.

A description of the proposed modifications to the WCF, including modifications to antenna element design, type and number, as well as any additional feed lines from the base of the WCF to such antenna elements.

iii.

A signed statement from a qualified person, together with their qualifications, shall be included representing the antenna support structure's owner or owner's agent that the radio frequency emissions comply with FCC standards for such emissions. 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.

iv.

A stamped or sealed structural analysis of the existing WCF prepared by a Registered Professional Engineer licensed by the State of North Carolina indicating that the existing antenna support structure as well as all existing and proposed appurtenances meets North Carolina Building Code requirements (including wind loading) for the antenna support structure.

c.

Any repair or replacement of an existing antenna or antenna array on a WCF that changes the mechanical specifications in a manner that increases the number and/or size of feed lines to the existing WCF will be treated as a new collocation.

Section 11-5.9. Approval Process. All approvals are subject to the supplemental review process and/or those outlined in the Section 4-7 (Special Use Permit). Additionally, in accordance with the table in Section 11-5.6 (Permitted Uses by Zoning District), the following approval process shall apply:

1.

New WCFs and Antenna Element Replacements.

a.

Any application submitted pursuant to this section shall be reviewed by County staff for completeness. If any required item fails to be submitted, the application shall be deemed incomplete. Staff shall advise an applicant in writing within twenty (20) business days after submittal of an application regarding the completeness of the application. If the application is incomplete, such notice shall set forth the missing items or deficiencies in the application, which the applicant must correct and/or submit in order for the application to be deemed complete.

b.

Within twenty (20) days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the County in writing as to whether or not the potential collocation or combining is acceptable and under what conditions. If the collocation or combining is not acceptable, then the applicant must provide the respondent and the County written justification as to why the collocation or combining is not feasible.

2.

Supplemental Review. The County reserves the right to require a supplemental review for any type of WCF, as determined necessary, subject to the following:

a.

Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the County may require the applicant to pay for a technical review by a third party expert, the costs of which shall be borne by the applicant and be in addition to other applicable fees.

b.

The applicant shall submit as published in the County's current fee schedule.

c.

Based on the results of the expert review, the approving authority may require changes to the applicant's application or submittals.

d.

The supplemental review may address any or all of the following:

i.

The accuracy and completeness of the application and accompanying documentation.

ii.

The applicability of analysis techniques and methodologies.

iii.

The validity of conclusions reached.

iv.

Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in this Ordinance.

v.

Other items deemed by the County to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these codes.

Section 11-5.10. Publicly-Owned Property.

1.

Pursuant to applicable law, the County may contract with a third party to administer publicly owned sites for purposes of providing wireless telecommunications services, consistent with the terms of these regulations. Except as specifically provided herein, the terms of these regulations, and the requirements established thereby, shall be applicable to all WCFs to be developed or collocated on County-owned sites.

2.

If an applicant requests a permit to develop a site on County-owned property, the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted.

3.

No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly owned sites of the jurisdiction for delivery of telecommunications services or any other purpose.

4.

No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property.

(Ord. of 2-7-2011; Ord. of 8-1-2011; Ord. of 10-3-2011, Amds. 1, 3; Ord. of 2-4-2019)