§ 74-417. Wireless telecommunications facilities.

Wireless telecommunications facilities are permitted as a secondary use in the recreational 1, commercial, institutional, multifamily 1, and municipal services zoning districts subject to the restrictions incorporated herein and upon the issuance of a permit in accordance with section 74-166.

(1)

Height limitations. The height of any telecommunication antenna, or associated equipment, structurally mounted as part of a wireless telecommunication service facility shall not exceed by more than 15 feet the highest point of the existing structure on which such antenna or equipment are affixed.

(2)

Collocation encouraged. It is the policy of the town to limit the number of wireless support structures needed within its jurisdiction. To accomplish this, the town requires collocation of telecommunication antennas whenever technically or commercially practical and permits wireless support structures of sufficient height to allow space for multiple antennas.

(3)

Lease agreement. In the case of application for a telecommunication antenna or a wireless telecommunication service facility to be located on lands owned by a party other than the applicant or the town, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the planning board and a copy shall be filed with the town clerk. The planning board, at its discretion and in cooperation with the involved parties, shall allow certain proprietary information contained in such lease, which is unrelated to the requirements of this local law, or the conditions of the approvals for said facility, to be omitted or kept confidential. The planning board shall not recommend approval of the application by the board of commissioners unless it finds that the lease agreement is in conformance with and properly reflects the purposes and requirements of this section.

(4)

Owner/applicant representative contacts. The applicant and all future owners of the premises and the wireless telecommunication service facility shall, at all times, keep on file in the office of the town clerk the name, address, and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted against such owner and/or operator(s).

(5)

Certification required.

a.

Prior to the release of the certificate of compliance, the applicant must submit federal/local documentation that the wireless support structure complies with (or is not subject to) all requirements of the Federal Communication Commission (FCC), the National Environmental Policy Act (NEPA), FAA, and state/local building code requirements. Unless otherwise superseded by the FCC, the design and use of the proposed wireless telecommunication service facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum "NIER" exposure standards promulgated by the FCC, as amended. Said certification shall include a report prepared in accordance with FCC Office of Engineering and Technology Bulletin 65, as amended. Unless the original certification is based on the maximum capacity of the site and all existing and approved equipment thereon, then the planning board shall require annual certification of conformance with the applicable emissions standards and all conditions of the application. Certification shall also be required prior to any modification of the wireless telecommunication service facility, or at any time the code enforcement suspects such modification or upon modification of the FCC standards.

b.

All structures to be erected as a result of the approval of the application by the board of commissioners require a certification prepared and sealed by a professional engineer, registered in North Carolina, declaring that the structure has been design to, and will, withstand a minimum 130 miles per hour wind velocity.

(6)

Abandonment. Whenever a telecommunication antenna, wireless telecommunication service facility, or related equipment ceases to be in active operation for more than 90 consecutive days, it shall be removed. The board of commissioners may grant a one-time extension equal to 90 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 equipment. The owner of the wireless telecommunication service facility or telecommunication antenna shall be responsible for the removal of the abandoned facility antenna, and/or related equipment and said removal shall occur within 90 days of abandonment. The owner of the property and the owner of the wireless telecommunication service facility, or telecommunication antenna shall be jointly and severally responsible for the removal of the abandoned antenna or facility. Whenever an antenna, or facility is abandoned, the owner shall notify the code enforcement office within 30 days immediately following abandonment. If the telecommunication antenna, wireless telecommunication service facility or related equipment are not removed or substantial progress has not been made to remove the same within 90 days of abandonment, then the town may draw down the posted compliance bond in order to remove the telecommunication antenna, wireless telecommunication service facility or related equipment which have been abandoned. Any cost in excess of the bond shall be reimbursed to the town by the owner of the property and the owner of the wireless support structure, wireless telecommunication service facility, or telecommunication antenna which was removed.

(7)

Stealth antennas in MF-1 zoning district. Notwithstanding any of the provisions in this section, stealth antennas are permitted on existing buildings in a MF-1 zoning district provided that all of the following criteria are met:

a.

Use of existing structures located in REC-1, C, IN, and MS zoning districts for the stealth antenna is not feasible;

b.

The antenna will be located a minimum of 60 feet above adjacent grade;

c.

The antenna will not be located higher than the roof line. Antennas may be located on an existing roof top structure provided the antennas do not exceed the roof line of the roof top structure;

d.

The antenna will not protrude more than 12 inches from the building's surface and will blend into the building's surface or is incorporated into the building's architecture;

e.

The antenna will effect no more than 32 square feet of the surface of the structure to which it is attached;

f.

No more than four stealth antennas are permitted for each structure;

g.

The antenna is designed to withstand a minimum wind speed of 130 miles per hour;

h.

All telecommunications service equipment will be located within the building or located so that equipment is not readily visible from a public street or adjacent residence; and

i.

The antennas and service facilities will comply with all other applicable provisions of the telecommunications ordinance.

(Ord. No. 2016-02, Art. 2.D.1, 2-5-2016)