(A) Collocation of small wireless facilities.
(1) Collocation of small wireless facilities on land used as a single-family residential property or vacant land that is zoned for single-family development, and any small wireless facility that extends more than ten feet above the utility pole, town utility pole or wireless support structure on which it is collocated are subject to § 153.41 of this chapter.
(2) Notwithstanding the foregoing, replacement of an existing streetlight for which the town is financially responsible with a streetlight capable of including a collocated, concealed wireless facility is permitted on land used as a single-family residential property or vacant land that is zoned for single-family development, pursuant to the requirements of § 153.63(B) of this chapter.
(3) Each new small wireless facilities shall cause no signal or frequency interference with public safety facilities or traffic-control devices and shall not physically interfere with other attachments that may be located on the existing pole or structure.
(4) In order to protect public safety:
(a) Small wireless facilities shall cause no signal or frequency interference with public safety facilities or traffic control devices and shall not physically interfere with other attachments that may be located on the existing pole or structure;
(b) A structural engineering report prepared by an engineer licensed by the state, certifying that the host structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antenna and other equipment, extensions and appurtenances associated with the installation;
(c) A traffic and pedestrian management plan must be submitted for any installation that requires work in the public right-of-way;
(d) No portion of a small wireless facility may be placed in the public right-of-way in a manner that:
1. Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage or signals, or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or
2. Involves placement of pole-mounted equipment when the lowest point is lower than eight feet above ground level.
(e) An abandoned small wireless facility shall be removed within 180 days of abandonment. Should the wireless services provider fail to timely remove the abandoned 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 service provider. For purposes of this division (A)(4), a wireless facility shall be deemed abandoned at the earlier of the date that the wireless service provider indicates that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider gives the town reasonable evidence that it is diligently working to place such wireless facility back in service.
(B) Objective design standards for small wireless facilities.
(1) No advertising signs or logos are permitted on small wireless facilities.
(2) Small wireless facilities shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Small wireless facilities shall be located, designed and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
(C) Stealth and concealment. All small wireless facilities shall be stealth facilities. Antenna and accessory equipment must be shrouded or otherwise concealed.
(D) Screening, landscaping and spacing requirements for ground equipment. Ground equipment shall be screened, to the extent possible, with evergreen plantings or other acceptable alternatives approved by the Zoning Administrator.
(E) Historic preservation. Small wireless facilities located in a designated historic district or on property designated as a landmark (pursuant to G.S. Ch. 160A, Art. 19, 3(c)) shall be required to obtain a certificate of appropriateness, and must be completely concealed from view. Additionally, the location of such facilities shall not have an impact upon the historic materials or nature of the structure.
(F) Applicable codes. Small wireless facilities must meet all applicable municipal codes.
(Ord. passed 8-12-2019)