In accordance with the authority granted by G.S. 160D-932, the Town of Surf City regulated the siting and modification of wireless support structures and wireless facilities in accordance with land development regulations of this ordinance and Part 3 of G.S. Chapter 160D.

(Ord. No. 2024-15, 11-5-24)

   A.   If any word, phrase, sentence, part, section, subsection, or other portion of this section 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 Section, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

   B.   Any special use permit issued pursuant to this section 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 town.

(Ord. No. 2024-15, 11-5-24)

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

   A.   Encourage the location and collocation of wireless facilities 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 wireless support structures;

   B.   Encourage coordination between suppliers of wireless telecommunication services in the Town of Surf City;

   C.   Regulate in accordance with all federal and State law applicable to wireless communication facilities, including G.S. Chapter 160D-930 through 938, the Telecommunications Act of 1996 and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and

   D.   Protect the unique natural beauty and rural character of the Town while meeting the needs of its citizens to enjoy the benefits of wireless telecommunications services.

(Ord. No. 2024-15, 11-5-24)

   Due to the unique nature of wireless communication facilities, for the purpose of administrating the standards of this section, all definitions noted below and in G.S. 160D-931, as amended, shall apply.

      A.   Each antenna is located inside an enclosure of no more than six (6) 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 (6) cubic feet.

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

      A.   Increasing the existing vertical height of the structure by the greater of

         1.   More than ten percent (10%); or

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

      B.   Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of

         1.   More than twenty (20) feet; or

         2.   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.

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

      B.   Wireline backhaul facilities.

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

(Ord. No. 2024-15, 11-5-24)

      1.   Pre-application meeting: A pre-application meeting is required.

         a.   The pre-application meeting may be held either on site, or telephonically as deemed appropriate by the Town or its designee. The purpose of the pre-application meeting will be to address I) issues that will help to expedite the review; and permitting process; and ii) certain issues or concerns the town or the applicant may have.

         b.   If there has not been a prior site visit for the requested complex within the previous six (6) months a site visit shall be conducted. Costs of the town's consultant to prepare for and attend the pre-application meeting will be borne by the applicant and paid for out of a fee set forth in the town's schedule of fees, which shall have been paid to the town prior to any site visit or pre-application meeting.

         c.   An applicant shall submit to the town the number of completed applications determined to be needed at the pre-application meeting.

      2.   Site plan and narrative report shall include the following:

         a.   The name, address and phone number of the person preparing the report;

         b.   The name, address, and phone number of the property owner, operator, and applicant, and to include the legal signature of the applicant;

         c.   The postal address and tax map parcel number of the property;

         d.   The zoning district or designation in which the property is situated;

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

         f.   The location of nearest residential structure;

         g.   The location, size and height of all structures on the property which is the subject of the application;

         h.   The location, size and height of all proposed and existing antennae and all appurtenant structures;

         i.   The type, locations and dimensions of all proposed and existing landscaping, and fencing;

         j.   The number, type and design of the tower(s) and antenna(s) proposed and the basis for the calculations of the tower's capacity to accommodate multiple users;

         k.   The make, model and manufacturer of the tower and antenna(s);

         l.   A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

         m.   The frequency, modulation and class of service of radio or other transmitting equipment;

         n.   The actual intended transmission and the maximum effective radiated power of the antenna(s);

         o.   Direction of maximum lobes and associated radiation of the antenna(s);

         p.   Certification that the NIER (Non-Ionizing Electromagnetic Radiation) levels at the proposed site are within the threshold levels adopted by the FCC;

         q.   Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;

         r.   A copy of the FCC license applicable for the intended use of the wireless support structure; and,

         s.   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.

         t.   Elevation of the wireless support structure showing the proposed location and profile of the antennas;

      3.   The location of the proposed structure to house the equipment cabinet and an elevation showing the profile location of the proposed structure to house the equipment cabinet shall be shown on the site plan;

      4.   Evidence that the proposed structure(s) will comply with federal, state and local safety requirements, including, but not limited to, evidence that the wireless support structure is engineered and constructed to, as currently equipped, accommodate the impacts of weight and location of the proposed antennas;

      5.   Evidence that the proposed structure(s) will not interfere with the operation of existing antenna (or other support structure), nor interfere with radio or television or similar reception for adjoining properties. In certain instances, the Town may deem it appropriate to have an onsite RF survey done after the construction and activation of the improvement, such to be done under the direction of the Town or its designee, and a copy of the survey results provided, along with all calculations, prior to issuance of a permit;

      6.   Evidence that the telecommunication service provider has negotiated in good faith with other providers/owners of wireless support structures and, if applicable, owners of water towers or electric transmission towers within 3,000 feet to collocate facilities on such structures, necessitating the installation of the subject wireless support structure.

      7.   So as to be the least visually intrusive reasonably possible given the facts and circumstances involved, and thereby have the least adverse visual effect, all antennas attached to a tower or other structure shall be flush mounted or as near to flush mounted as is possible so as to create the smallest profile reasonably possible under the facts and circumstances, unless it can be proven that such would prohibit or serve to prohibit the provision of service or be technologically impracticable;

      8.   Evidence that at least one (1) wireless facility will occupy the wireless support structure and that the proposed wireless support structure is engineered and constructed to accommodate additional wireless facilities. This also includes an affidavit from the owner indicating intent to allow shared use of the wireless support structure and how others will be accommodated.

      9.   The applicant must provide evidence that the proposed tower meets Federal Aviation Administration requirements and will be in accordance with all the tower requirements and any applicable standards of regional airports.

   10.   Balloon Test.

      a.   In order to better inform the public, in the case of a new Tower, the applicant shall hold a ''balloon test" prior to the initial public hearing on the application. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a ten (10) foot in length brightly colored balloon at the maximum height of the proposed new tower.

      b.   At least fourteen (14) days prior to the conduct of the balloon test, a sign shall be erected so as to be clearly visible from the road nearest the proposed site and shall be removed no later than fourteen (14) days after the conduct of the balloon test. The sign shall be at least four feet (41) by eight feet (8') in size and shall be readable from the road by a person with 20/20 vision.

         (1)   Such sign shall be placed off, but as near to, the public right-of-way as is possible.

         (2)   Such sign shall contain the times and date(s) of the balloon test and contact information.

         (3)   The dates, (including a second date, in case of poor visibility or wind in excess of 15 mph on the initial date) times and location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a general circulation in the town and as agreed to by the town. The applicant shall inform the town in writing, of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four (4) consecutive hours between 10:00 a.m. and 2:00 p.m. on the dates chosen. The primary date shall be on a week-end, but the second date, in case of poor visibility on the initial date, may be on a week day. A report with pictures from various locations of the balloon shall be provided with the application.

         (4)   The applicant shall notify all property owners and residents located within one-thousand five hundred feet (1,500) of the nearest property line of the subject property of the proposed construction of the tower and facility or complex and of the date(s) and time(s) of the balloon test. Such notice shall be provided at least fourteen (14) days prior to the conduct of the balloon test and shall be delivered by first-class mail.

      11.   Visual Impact Assessment: The Applicant shall provide an assessment that includes:

         a.   A "Zone of Visibility Map" which shall be provided to determine locations from which the support structure may be seen.

         b.   Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town 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 pre-application meeting.

         c.   An assessment of the visual impact of the support structure base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.

      12.   Structural Analysis and Report: The Applicant shall provide a certification by a Professional Engineer licensed in the State, along with documentation in the form of a structural analysis, including calculations and a geotechnical subsurface soils investigation report and foundation design, that prove that the support structure and its foundation as proposed to be utilized are designed and will be constructed to meet all local, town, state, federal and TIA ANSI 222 structural requirements for loads, including wind and ice loads, and the placement of any equipment on the roof a building after the addition of the proposed new equipment; and

      13.   Proof of adequate insurance coverage for any potential damage caused by or to the tower prior to the approval of a conditional zoning district or zoning permit.

      1.   Principal or Accessory/Secondary Use.

         a.   A wireless support structure shall be permitted as either a principal, secondary, or an accessory use.

      2.   Lot Requirements:

         a.   New wireless support structures shall be located on a lot no less than two (2) acres in size when utilized as a principal use.

         b.   The required lot size for a wireless support structure used as an accessory or secondary use shall be the total combined minimum lot size for both the principal use and the wireless support structure (2 acres). Please refer to Section 4 for required minimum lot sizes.

         c.   On lots where there is an existing principal use, the tower shall be located in the rear yard only.

      3.   Height:

         a.   In no case shall the height of the support structure exceed one hundred fifty (100) feet above pre-construction ground level, unless it can be shown by clear and convincing technical evidence from a carrier that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area within the Town.

            (1)   If proposed to be taller than the maximum permitted height, the applicant for a new tower or support structure shall submit clear and convincing technical evidence by a carrier or wireless service provider justifying the total height of the proposed tower or other support structure requested and the basis therefore, as well as a copy of a lease or a commitment to use the facility. If the applicant chooses to provide evidence in the form of propagation studies, such must include all modeling information and support data used to produce the studies at the requested height and a minimum often feet (10') lower to enable verification of the need for the requested height.

         b.   If the tower is located within an Overlay that restricts height for safety or for character, the tower cannot exceed the maximum building height allowed by the more restrictive standard.

         c.   At no time shall a Tower or other support structure be of a height that requires lighting by the FAA.

      4.   Setbacks:

         a.   Wireless support structures shall be located no less than one hundred (100) feet from a principal residential structure.

         b.   Wireless support strictures shall be setback a minimum of 50' from a public roadway

      5.   Fall Zones:

         a.   All proposed towers and any other proposed wireless support structures shall be set back from abutting parcels, recorded rights-of-way and roads and streets by the greater of the following distances:

            (1)   A distance equal to the height of the proposed tower or support structure plus ten percent (10%) of the height of the tower or other structure, otherwise known as the fall zone; or

            (2)   The existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located within the fenced compound area as approved in the special use permit and so as to comply with the applicable minimum setback requirements for the property on which it is situated. The fall zone or setback shall be measured from the nearest portion of the tower to the nearest portion of the right-of-way of any public road or thoroughfare and any occupied building or domicile, as well as any property boundary lines. Further, the nearest portion of any private access road leading to a facility shall be no less than ten (10) feet from the nearest property line.

         b.   There shall be no development of habitable buildings within the setback area or fall zone.

      6.   Screening:

         a.   An opaque screen shall be required along all sides of the perimeter of the wireless support structure site and shall effectively screen from view the bottom fifteen feet (15') of the facility or complex and all related equipment and structures associated with the facility or complex. In addition, a minimum eight-foot (8') high fence is required immediately around the tower and any equipment building(s), with the screening to be located on the outside of the fenced area.

            (1)   It will be the responsibility of the provider to keep all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established.

            (2)   The owners of the property, and any tenant on the property where screening is required, shall be jointly and severally responsible for the maintenance of all screen materials.

            (3)   Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance.

            (4)   Any vegetation that constitutes part of the screening shall be replaced in the event it dies.

         b.   Buffers are required as per Section 7 of the Zoning Ordinance except where the screening required as a portion of subsection a. provides the intended opacity

      7.   Lighting:

         a.   All lighting of the facility or compound in which the facility is located for maintenance and access shall not exceed fifteen feet (15) in height and shall otherwise meet the requirements for outdoor lighting contained in Section 7 of the Zoning Ordinance. This limitation is not intended for safety lighting required for Federal Aviation requirements.

         b.   No tower or support structure that is not a building and is constructed after the effective date of this section shall be tall enough to require lighting by the FAA.

         c.   The lighting of the tower cannot exceed the minimum standards of the Federal Aviation Administration for red obstruction lighting system.

      8.   Accessory structures/Equipment: All accessory structures on the ground which contain switching equipment or other related equipment must be designed to substantially resemble the neighborhood's basic architecture, or the architecture and style of any principal use on the property. If equipment is enclosed in a compound or fenced area, the fencing shall be of a similar color and style to the principal use of the property.

      9.   All new towers shall be of the monopole type. No new towers of a lattice or guyed type shall be permitted, unless expressly granted by the governing board.

      10.   Stealth: All new facilities, including but not limited to towers, shall utilize stealth or camouflage siting techniques that are acceptable to the Town, unless such can be shown to be either commercially or technologically impracticable.

      11.   Access: An access road or driveway, at least twelve (12) feet wide shall be maintained from a public street to the tower for use by service and emergency vehicles. This accessway shall not be located closer than 10' to the closest property line.

      12.   Signage: Facilities shall contain a sign no larger than four (4) square feet and no smaller than two (2) square feet in order to provide adequate warning to persons in the immediate area of the presence of RF radiation. A sign of the same size is also to be installed bearing the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and must be visible from the access point of the facility or complex and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration sign, as applicable, is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

      13.   Towers shall be structurally designed to support a minimum of four (4) carriers using functionally equivalent equipment to that used by the first carrier attaching to a Tower or other support structure and that can be increased in height if needed.

         a.   If determined by the Town that the proposed tower is situated in a location which will benefit the Town's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system.

      14.   Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section.

      15.   Outdoor storage of equipment or other related items is prohibited at the tower site.

      1.   Within twenty-four (24) months after approval of a site plan and special use permit (SUP) for the wireless support structure, the structure must be installed and operational or the site plan shall be void. No wireless support structure approved prior to January 1, 2024, which is discontinued, unused or unoccupied by any telecommunication user for a continuous period of one (1) year or more shall be restarted, resumed, or reoccupied without the prior approval of a new site plan and a revised SUP complying with the new applicable provisions.

      2.   For any wireless support structures approved after January 1, 2024, that is discontinued, unused or unoccupied by the telecommunication user for a continuous period of one (1) year or more, the tower shall be removed within thirty (30) days of notification of the property owner by the Planning Director.

      3.   The Town may request a surety bond from the owner at time of application to ensure the financing is available to remove the wireless support structure.

      1.   Applications for substantial modifications to an approved tower shall require an amendment to the special use permit or conditional zoning, if approved prior to the adoption of this Code.

      2.   The Applicant may be charged a fees to cover the cost to the Town of application fees and outside consultants needed to review applications associated with Wireless Support Structures. These fees shall be subject to the limitations set forth in G.S. 160D-933.

(Ord. No. 2024-15, 11-5-24)

   B.   The Town of Surf City may not deny an eligible facilities request for routine maintenance on a wireless support structure or facility, including in-kind replacement of wireless facilities.

      1.   General Standards. A completed Zoning Permit Application, the contents of which shall include the following items in addition to that information requested on the face of the Zoning Permit Application:

         a.   Elevation of the tower or other support structure showing the proposed location and profile of the antennas;

         b.   Explanation as to the location of equipment cabinets, unless not housed in an existing structure, then in such event a site plan showing the location of the proposed structure to house the equipment cabinet for the collocation and an elevation showing the profile location of the proposed structure to house the equipment cabinet for the collocation;

         c.   Evidence that the proposed collocation will comply with federal, state and local safety requirements, including, but not limited to, evidence that the Wireless Support Structure (or other support structure) is engineered and constructed to, as currently equipped, accommodate the impacts of weight and location of the proposed antennas;

         d.   Evidence that the proposed collocation will not interfere with the operation of other antenna existing on the telecommunications tower (or other support structure), nor interfere with radio or television or similar reception for adjoining properties. In certain instances the Town may deem it appropriate to have an on-site RF survey done after the construction and activation of the improvement, such to be done under the direction of the Town or its designee, and a copy of the survey results provided, along with all calculations, prior to issuance of a Certificate of Compliance.

         e.   Structural Analysis and Report: The Applicant shall provide a certification by a Professional Engineer licensed in the State, along with documentation in the form of a structural analysis, including calculations and a geotechnical sub-surface soils investigation report and foundation design, that prove that the support structure and its foundation as proposed to be utilized are designed and were constructed to meet all local, town, state, federal and TIA ANSI 222 structural requirements for loads, including wind and ice loads, and the placement of any equipment on the roof a building after the addition of the proposed new equipment.

         f.   ANSI Inspection: A complete, un-redacted TIA ANSI 222 Report regarding the physical condition of the Facility or Complex and its components done within the previous six months. If such a report has not been done within the previous six months, one shall be done and submitted as part of the Application. No Building Permit shall be issued for any Wireless Facility or related equipment where the structure being attached to is in need of remediation to comply with the requirements of this subsection and other adopted standards of the Town, unless and until all remediation work that is deemed needed has been completed or a schedule for the remediation work has been approved by the Planning Director.

         g.   Compliance: Other than to remediate non-compliant situations related to matters of safety or the conditions of a permit, no permits for work at a Facility or Complex shall be issued for any work related to an Eligible Facility where the Facility and Complex are not in full compliance with all applicable local, State and federal laws, rules, regulations and orders. A Facility and Complex not in full compliance shall be required to be brought into full compliance before a Building Permit will be issued for work related to an Eligible Facility request or application.

      2.   Timing Requirements.

         a.   In accordance with G.S. 160D-934, within forty-five (45) days of application submittal, the Planning Director shall either deem the application for an eligible facilities request or a collocation, a Completed Application or notify the applicant in writing of the deficiencies in the application. The administrator 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.

         b.   An application will be deemed abandoned if left incomplete for more than ninety (90) days after the date of notice of incompleteness.

         c.   The Administrator shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete.

         d.   Within forty-five (45) days from the date the application is deemed a Completed Application, the Administrator shall issue a written decision on to approve or deny the application for collocation.

      3.   Consultant Fees. The Applicant may be charged a fee, not to exceed $1000, to cover the cost to the Town of outside consultants needed to review applications associated with Wireless Support Structure. These fees shall be subject to the limitations set forth in G.S. 160D-934.

(Ord. No. 2024-15, 11-5-24)

      1.   The placement of small wireless facilities in all cases are subject to the standards of this UDC and G.S. 160D-935 and 160D- 936;

      2.   The Small Wireless Facility in the right-of-way shall not extend more than ten (10) feet above the highest point of a structure to which it is located;

      3.   The small wireless facility shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation or law;

      4.   The small wireless facility shall comply with any applicable FCC emissions standards;

      5.   The small wireless facility shall comply with any applicable local building codes in terms of design, construction and installation; and

      6.   The small wireless facility shall not contain any commercial advertising.

      1.   Consistent with G.S. 160D-935(d)(5), the Town may deny a right-of-way use permit for a small wireless facility if the proposed facility:

         a.   Fails to meet the standards of town codes;

         b.   Fails to comply with applicable standards of this UDC;

         c.   Interferes with the safe operation of traffic control equipment;

         d.   Interferes with sight visibility lines for transportation or pedestrians;

         e.   Interferes with the historic preservation requirements of G.S. 160D-936(i); and/or

         f.   Interferes with compliance of the Americans with Disabilities Act or similar federal or state mandated provisions regarding pedestrian access of movement.

      2.   A permit application shall be deemed complete unless the Town provides notice otherwise in writing to the applicant within thirty (30) days of submission. The Town must document the deficiencies in the application which, if cured, would make the application complete.

      3.   The Town shall approve or deny the completed application within forty-five (45) days of the date on which the application was resubmitted. The Town shall send basis for a denial documentation, including specific provisions and send the documentation to the applicant on or before the day the Town denies an application. The applicant may cure the deficiencies identified by the Town and resubmit the application within thirty (30) days of the denial without paying an additional application fee. Any subsequent review shall be limited to the deficiencies listed in the prior denial.

      1.   Applications for Small Wireless Facilities shall be processed and reviewed within forty-five (45) days from the date the zoning permit application is considered to be complete. The applicant and town may mutually agree to a longer review period.

      2.   The Town may deny an application only on the basis that it does not meet any of the following:

         a.   The Town's applicable codes or local code provisions; or

         b.   Regulations that concern public safety, objective design standards for decorative utility poles, Town utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including screening or landscaping for ground-mounted equipment; or

         c.   Public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of- way, or

         d.   The historic preservation requirements in G.S. 160D-936(i)

      3.   Construction of any approved Small Wireless Facility shall commence within six (6) months of its approval date. The Small Wireless Facility shall be activated for use within one (1) year from the right-of-way use permit issuance date. Town approval is not required for routine maintenance, replacement of existing small wireless facilities which are substantially similar, or installation or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles.

      4.   Outside Consultant Fees. The Applicant may be charged a fee to cover the cost to the Town of outside consultants needed to review applications associated with Small Wireless Facilities. These fees shall be subject to the limitations set forth in G.S.160D-935.

      1.   As authorized by G.S. 160D-935(g), whenever a Small Wireless Facility ceases to be in active operation for more than one hundred eighty (180) days, it shall be considered abandoned and removed by the wireless provider.

         a.   For purposes of this subsection, a small wireless facility shall be deemed abandoned at the earlier of the date that the wireless provider indicates that it is abandoning such facility or the date that is one hundred eighty (180) days after the date that such facility ceases to transmit a signal, unless the wireless provider gives the Town reasonable evidence that it is diligently working to place such facility back in service.

         b.   The Board of Commissioners may grant a one-time extension equal to one hundred eighty (180) days whenever it finds that such an extension will not compromise the public health, safety, or welfare and that such extension is not solely for the purpose of delaying the cost of removing the small wireless facilities.

      2.   The wireless provider shall be responsible for the removal of a Small Wireless Facility.

      3.   Whenever a Small Wireless Facility is abandoned, the wireless provider shall notify the Town within thirty (30) days following abandonment.

      4.   Should the wireless provider fail to timely remove the abandoned Small Wireless Facility, the Town may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless provider.

      1.   The applicant and the owner of record of any proposed new tower or other support structure or complex shall, at its sole cost and expense, be required to execute and file with the town a bond or other form of security that is acceptable to the town as to the type of security and the form and manner of execution, in an amount of at least $75,000 for a tower or other support structure and with such sureties as are deemed adequate by the town to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original special use permit.

      2.   The owner of any equipment attached to a support structure or located in a complex shall be required to execute and file with the town a performance bond or other form of performance security that is acceptable to the town as to the type of security and the form and manner of execution, in the amount of $25,000.

      1.   In order to verify that the holder of a special use permit for a facility or complex and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facility in accordance with all applicable technical, safety, fire, building codes, zoning codes, laws, ordinances and regulations and conditions of any permit granted under this section, the town or its designee shall have the right to 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 buildings or other structures constructed or located on the permitted site.

      2.   Refusal to allow or grant access to the town's representative upon reasonable notice shall be deemed a violation of this section.

      1.   To prevent the taxpayers from having to bear the cost related to the issue of permitting and regulating wireless telecommunications facilities, an applicant shall pay the town fees as set forth in the town's fee schedule. The fees are intended to cover all reasonable costs of the town's expert assistance in connection with the review of any application and the permitting, inspection, construction or modification requested under this section, application pre-approval evaluation requested by the applicant and, when applicable, any lease negotiations. The payment of the expert assistance fees to the town shall precede any work being done that is related to the intended application, including a pre-application meeting or site visit.

      2.   The town may hire any consultant of its choice to assist the town in reviewing and evaluating applications, provided the consultant has at least five (5) years experience working exclusively for the public sector regulating towers and wireless facilities.

      3.   The total amount of the funds needed for expert assistance as set forth in the town's fee schedule may vary with the scope and complexity of the application, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification or the amount of time spent responding to an applicant's arguments as regards its application or the requirements of this section.

      4.   The town will maintain accounting for the expenditure of all such funds.

      5.   Pursuant to state law, if an application is amended, or a waiver or relief is requested from any local regulations, at any time prior to the grant of the certificate of completion required under this section, the town reserves the right to require additional payment for review and analysis equal to, but not exceeding, the cost created for the town by the applicant or its application. Such amount shall be paid to the town prior to the issuance of the special use permit or administrative authorization or the certificate of completion, whichever is procedurally needed next.

      1.   A holder of a special use permit for a wireless telecommunications support structure shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below:

         a.   Commercial General Liability covering personal injuries, death and property damage:

            $1,000,000 per occurrence/$3,000,000 aggregate; and

      2.   Automobile Coverage: $1,000,000.00 per occurrence/$3,000,000 aggregate; and

      3.   A $3,000,000 Umbrella coverage; and

      4.   Workers compensation and disability: statutory amounts.

         a.   For a facility or complex located on town property, the commercial general liability insurance policy shall specifically name the town and its officers, boards, employees, committee members, attorneys, agents and consultants as additional insureds.

         b.   The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with an AM Best's rating of at least A.

         c.   The insurance policies shall contain an endorsement obligating the insurance company to furnish the town with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.

         d.   Renewal or replacement policies or certificates shall be delivered to the town at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.

         e.   Before construction of a permitted wireless telecommunications facility or complex is initiated, but in no case later than fifteen (15) days prior to the grant of the building permit, the holder of the special use permit shall deliver to the town a copy of each of the policies or certificates representing the insurance in the required amounts.

         f.   A certificate of insurance that states that it is for informational purposes only and does not confer rights upon the town shall not be deemed to comply with this section.

(Ord. No. 2024-15, 11-5-24)

   Consistent with G.S. 160D-936, the Town shall not enter into an exclusive arrangement with any person for use of rights-of-way for the construction, operation, marketing, or maintenance of wireless facilities or wireless support structures or the collocation of small wireless facilitates. Additional standards are required for the use of public right-of-way for small wireless facilities.

(Ord. No. 2024-15, 11-5-24)