The purpose of this Wireless Telecommunications Ordinance is to provide for the public health, safety and welfare by ensuring that residents, businesses and public safety operations in the Town of Wendell have reliable access to wireless telecommunications networks and state of the art mobile broadband communications services while also ensuring that this objective is accomplished according to the Town of Wendell's zoning, planning and design standards. To accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable federal laws, including without limitation Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, which, among other things, creates a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures, the Town adopts this single, comprehensive, wireless telecommunications ordinance.

The Town of Wendell finds that Wireless Telecommunications Facilities may pose concerns to the health, safety, public welfare, character and environment to the Town and its inhabitants, including but not limited to adjacent and nearby property owners. The Town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its residents. In order to assure that the placement, construction or modification of Wireless Telecommunications Facilities is consistent with the Town's land use policies, the Town is adopting a single, comprehensive, Wireless Telecommunications Facilities application and permitting process.

For the purposes of this Ordinance, the following definitions apply:

Abandonment - Cessation of use of a wireless support structure for wireless telecommunications activity for at least the minimum period of time specified under this ordinance.

Accessory Equipment - Any equipment serving or being used in conjunction with a Wireless Facility or Wireless Support Structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

Administrative Approval - Approval that the Town of Wendell Zoning Administrator or designee is authorized to grant after Administrative Review.

Administrative Review - Non-discretionary evaluation of an application by the Town of Wendell Zoning Administrator or designee. This process is not subject to a public hearing. The procedures for Administrative Review are established in Section IV of this Ordinance.

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

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

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

Collocation - The placement or installation of Wireless Facilities on Existing Structures, including Electrical Transmission Towers, Water Towers, buildings and other structures capable of structurally supporting the attachment of Wireless Facilities in compliance with applicable codes.

Concealed Wireless Facility - Any Wireless Facility that is integrated as an architectural feature of an Existing Structure or any new Wireless Support Structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the Facility or Wireless Support Structure is not readily apparent to a casual observer.

Electrical Transmission Tower - An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any Utility Pole.

Equipment Compound - An area surrounding or near the base of a Wireless Support Structure within which are located Wireless Facilities.

Existing Structure - A Wireless Support Structure, erected prior to the application for collocation or substantial modification under this ordinance that is capable of supporting the attachment of Wireless Facilities, including, but not limited to, Electrical Transmission Towers, buildings and Water Towers. The term shall not include any Utility Pole.

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

Monopole - A single, freestanding pole-type structure supporting one or more Antennas. For the purposes of this Ordinance, a Monopole is not a Tower or a Utility Pole.

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

Replacement Pole - Pole of equal proportions and of equal height or such other height that would not constitute a Substantial Modification to an Existing Structure in order to support Wireless Facilities or to accommodate Collocation. Requires removal of the Wireless Support Structure it replaces.

Substantial Modification - The mounting of a proposed Wireless Facility or Wireless Facilities on a Wireless Support Structure which: (i) increases the existing vertical height of the Wireless Support Structure by (a) more than ten percent, or (b) the height of one additional Antenna array with separation from the nearest existing Antenna not to exceed 20 feet, whichever is greater; or (ii) involves adding an appurtenance to the body of a Wireless Support Structure that protrudes horizontally from the edge of the Wireless Support Structure more than 20 feet, or more than the width of the Wireless Support Structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the Antenna from inclement weather or to connect the Antenna to the tower via cable); or (iii) increases the square footage of the existing Equipment Compound by more than 2,500 square feet.

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

Utility Pole - A structure owned and/or operated by a public utility, municipality, electric membership corporation or rural electric cooperative that is designed specifically for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or to provide lighting.

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

Wireless Facility or Wireless Facilities - The set of equipment and network components, exclusive of the underlying Wireless Support Structure, including, but not limited to, Antennas, Accessory Equipment, transmitters, receivers, Base Stations, power supplies, cabling and associated equipment necessary to provide wireless telecommunications services.

Wireless Support Structure - A freestanding structure, such as a Monopole or Tower, designed to support Wireless Facilities. This definition does not include Utility Poles.

(A)

Administrative Review and Approval. The following types of applications are subject to the review process as provided in section IV.

(1)

COWs, in any zoning district, if the use of the COW is either not in response to a declaration of an emergency or disaster by the Governor, or will last in excess of 120 days; and

(2)

Substantial Modifications, except substantial modifications seeking more than one height increase of ten percent; and

(3)

Collocations.

(B)

Special Use Permit. Any application for Wireless Facilities and/or Wireless Support Structures not subject to Administrative Review and Approval pursuant to this Ordinance shall be permitted upon the granting of a Special Use Permit from the Wendell Board of Commissioners in accordance with the standards for granting Special Use Permits.

(C)

Exempt from All Approval Processes. The following are exempt from all Town zoning approval processes and requirements:

(1)

Removal or replacement of transmission equipment on an existing wireless tower or base station that does not result in a substantial modification as defined in this ordinance.

(2)

Ordinary Maintenance of existing Wireless Facilities and Wireless Support Structures, as defined in this Ordinance;

(3)

Wireless Facilities placed on Utility Poles; and

(4)

COWs placed for a period of not more than 120 days at any location within the Town or after a declaration of an emergency or a disaster by the Governor.

(A)

Content of Application Package—For New Sites. All Administrative Review application packages must contain the following:

(1)

Administrative Review application form signed by applicant;

(2)

Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue application. Such submissions need not disclose financial lease terms; and

(3)

Site plans detailing proposed improvements which complies with the Town of Wendell's existing site plan requirements. Drawings must depict improvements related to the applicable requirements, including property boundaries, setbacks, topography, elevation sketch, and dimensions of improvements.

(B)

Content of Application Package—For Other Sites/Facilities. All Administrative Review application packages must contain the following:

(1)

Administrative Review application form signed by applicant;

(2)

For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.

(3)

For substantial modifications the application shall include:

(a)

Drawings depicting the improvements along with their dimensions,

(b)

The age of the facility in years, including the date of the grant of the original permit, a description of the type of tower, e.g., guyed, self-supporting lattice or monopole.

(c)

The make, model and manufacturer of the facility and the structural design calculations by a professional engineer licensed in the State, proving the facility's capability to safely accommodate the facilities of the applicant without change or modification or if modification is needed, a detailed narrative explaining what changes are needed and who will be responsible for making use the changes are made.

(d)

A copy of the installation foundation design, as well as a geotechnical sub-surface soils report investigation, evaluation report and foundation recommendation for the tower site or other structure.

(e)

For a tower that is five years or older, a copy of the latest ANSI report done pursuant to the latest edition of ANSI-EIA/TIA 222F- Annex E for a self-supporting tower. If an ANSI Report has not been completed an ANSI report shall be done and submitted as part of the application.

(C)

Fees. The fees for an Administrative Review:

(1)

In the case of an application for Collocation, a Non-exempt COW or a Substantial Modification, the fee shall be established in the Town of Wendell's Fee Schedule and shall be paid at the time of the application (does not include building permit fees). The applicant shall pay actual costs incurred by the Town as part of the review process; and

(D)

Procedure and Timing.

(1)

Applications for Collocation, a Non-exempt COW or a Substantial Modification. Within 30 days of the receipt of an application for a Collocation, a Non-exempt COW or a Substantial Modification, the Zoning Administrator will:

(a)

Review the application for conformity with this Ordinance. An application under this Section IV.B.1 is deemed complete unless the Zoning Administrator notifies the applicant in writing, within 30 calendar days of submission of the application, or some other mutually agreed upon Time, of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take ten calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within ten calendar days, the application shall be reviewed and processed within 30 calendar days from the date the deficiencies in the application were addressed and corrected.

(b)

Make a final decision to approve the Collocation application or approve or disapprove other applications under this Section; and

(c)

Advise the applicant in writing of its final decision. If the Zoning Administrator denies an application, it must provide written justification of the denial.

(d)

Failure to issue a written decision within 30 calendar days shall constitute an approval of the application.

(2)

Building Permit. A Building Inspector shall issue a building permit following approval of the application under Administrative Review in accordance with the North Carolina Building Code requirements.

(A)

Any Wireless Facility or Wireless Support Structures not meeting the requirements of Section III.A or III.C above must apply for a Special Use Permit. Approval of the Special Use Permit is subject to:

(1)

The submission requirements of Section V.B below;

(2)

The applicable standards of Section VI below;

(3)

The requirements of the special use permit general conditions of the Town; and

(4)

A balloon test shall be required for all towers that require approval as a special use proposed within 400 feet of property zoned and used or otherwise approved for residential purposes. The balloon test shall be required prior to the submittal of photo simulations in order to illustrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 50 horizontal feet of the center of the proposed tower.

The applicant shall meet the following for the required balloon test:

(a)

Applicant must inform the Planning Department and abutting property owners within 400 feet of the subject property in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.

(b)

The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven but no more than 14 days in advance of the test date.

(c)

The balloon shall be flown at the required height for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather conditions during the balloon test.

(B)

Content of Special Use Permit Application Package. All Special Use Permit application packages must contain the following:

(1)

Special Use Permit application form signed by applicant;

(2)

Copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue zoning application. Such submissions need not disclose financial lease terms;

(3)

Written description and scaled drawings of the proposed Wireless Support Structure or Wireless Facility, including structure height, ground and structure design, and proposed materials;

(4)

Number of proposed Antennas and their height above ground level, including the proposed placement of Antennas on the Wireless Support Structure;

(5)

Line-of-sight diagram or photo simulation, showing the proposed Wireless Support Structure set against the skyline and viewed from at least four directions within the surrounding areas;

(6)

A statement that the proposed Wireless Support Structure will be made available for Collocation to other service providers at commercially reasonable rates, provided space is available and consistent with Section VI(A)(l)(a) of this Ordinance; and

(7)

Notification of surrounding property owners and posting as required by Section 15.15 Special Use Permits of the Town of Wendell Unified Development Ordinance.

(C)

Fees. The fees for reviewing a Special Use Permit application under this Section shall be established in the Town of Wendell Fee Schedule (does not include building permit fees). Applications for new Wireless Support Structures with proposed Wireless Facilities shall be considered together as one application requiring only a single application fee if submitted together.

(D)

Procedure and Timing. Within 150 calendar days of the receipt of an application under Section V of this Ordinance, the Zoning Administrator will:

(1)

Complete the process for reviewing the application for conformity with ordinances applicable to Special Use Permits, including conducting a hearing in accordance with State and Town requirements. Upon receipt of a timely written notice that an application is deficient, an applicant may take 30 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 30 calendar days, the application shall be reviewed and processed within 150 calendar days from the date the application was deemed complete.

(2)

Make a final decision to approve or disapprove the application; and

(3)

Advise the applicant in writing of its final decision. If the Zoning Administrator denies an application, it must provide written justification of the denial.

(A)

Design

(1)

Wireless Support Structures shall be subject to the following:

(a)

Shall be engineered and constructed to accommodate a minimum number of Collocations based upon their height:

(i)

Support structures 60 to 100 feet shall support at least two telecommunications providers;

(ii)

Support structures greater than 100 feet but less than 150 shall support at least three telecommunications providers;

(iii)

Support structures greater than 150 feet in height shall support at least four telecommunications carriers.

(b)

The Equipment Compound area surrounding the Wireless Support Structure must be of sufficient size to accommodate Accessory Equipment for the appropriate number of telecommunications providers in accordance with Section VI(A)(l)(a).

(2)

Concealed Wireless Facilities shall be designed to accommodate the Collocation of other Antennas whenever economically and technically feasible. Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

(3)

Upon request of the Applicant, the Town Board may waive the requirement that new Wireless Support Structures accommodate the Collocation of other service providers if it finds that Collocation at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer Antennas will promote community compatibility.

(4)

A Monopole or Replacement Pole may be permitted within utility easements or rights-of-way, in accordance with the following requirements:

(a)

The utility easement or right-of-way shall be a minimum of 100 feet in width.

(b)

The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are 80 feet or greater in height.

(c)

The height of the Monopole or Replacement pole may not exceed by more than 30 feet the height of existing utility support structures.

(d)

Monopoles and the Accessory Equipment shall be set back a minimum of 15 feet from all boundaries of the easement or right-of-way.

(e)

Single carrier Monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by Subsection (c) above.

(f)

Poles that use the structure of a utility tower for support are permitted. Such poles may extend up to 20 feet above the height of the utility tower.

(B)

Setbacks

(1)

Unless otherwise stated herein, each Wireless Support Structure shall be set back from all property lines a distance equal to its engineered fall zone.

(C)

Height

(1)

In residential districts, Wireless Support Structures shall not exceed a height equal to 120 feet from the base of the structure to the top of the highest point, including appurtenances. Notwithstanding the foregoing, the Town Board shall have the authority to vary the foregoing height restriction upon the request of the applicant. With its waiver request the Applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the Town Board.

(D)

Aesthetics

(l)

Lighting and Marking. Wireless Facilities or Wireless Support Structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

(2)

Signage. Signs located at the Wireless Facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited. Notwithstanding the foregoing, nothing in this Ordinance shall prohibit signage that is approved for other uses on property on which Wireless Facilities are located (e.g., approved signage at locations on which Concealed Facilities. are located).

(E)

Accessory Equipment. Accessory Equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the Wireless Facility or Wireless Support Structure. Any equipment not used in direct support of such operation shall not be stored on the site.

(F)

Fencing.

(1)

Ground mounted Accessory Equipment and Wireless Support Structures shall be secured and enclosed with a fence not less than six feet in height as deemed appropriate by the Town Board.

(2)

The Town Board may waive the requirement of Section VI.F.l if it is deemed that a fence is not appropriate or needed at the proposed location.

(G)

Landscaping.

(1)

A Type B landscaping buffer shall be required in accordance with Section 8.6(B) of the Town of Wendell Unified Development Ordinance.

(A)

Abandonment and Removal. If a Wireless Support Structure is Abandoned, and it remains Abandoned for a period in excess of 12 consecutive months, the Town may require that such Wireless Support Structure be removed only after first providing written notice to the owner of the Wireless Support Structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the Wireless Support Structure within 60 days of receipt of said written notice. In the event the owner of the Wireless Support Structure fails to reclaim the Wireless Support Structure within the 60-day period, the owner of the Wireless Support Structure shall be required to remove the same within six months thereafter. The Town shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

(B)

Multiple Uses on a Single Parcel or Lot. Wireless Facilities and Wireless Support Structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.

(A)

Wireless Facilities and Wireless Support Structures that were legally permitted on or before the date this Ordinance was enacted shall be considered a permitted and lawful use.

(B)

Activities at Non-Conforming Wireless Support Structures. Notwithstanding any provision of this Ordinance:

(1)

Ordinary Maintenance may be performed on a Non-Conforming Wireless Support Structure or Wireless Facility.

(2)

Collocation of Wireless Facilities on an existing non-conforming Wireless Support Structure shall not be construed as an expansion, enlargement or increase in intensity of a non-conforming structure and/or use and shall be permitted through the Administrative Approval process defined in Section IV; provided that the collocation does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing non-conformity.

(3)

Substantial Modifications may be made to non-conforming Wireless Support Structures utilizing the Special Use Permit process defined in Section V of this Ordinance.