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§ 52.03 ENCROACHMENT PERMIT REQUIRED.
   Prior to performing work or placing facilities within a public right-of-way in the town, a user may be required to obtain a license and must obtain an encroachment permit issued by the Public Works Department. (Encroachment permits are also called work permits.) A user shall acquire an encroachment permit from the Public Works Department for the following activities:
   (A)   Excavation or restoration within the public way, including, but not limited to, construction of new portions of the public way;
   (B)   Cutting, moving, or alteration of any pavement, paver (for example, brick or stone), pipe, conduit, pole, meter, fire hydrant facility, or other equipment or structure owned by the town, or attachment to such objects;
   (C)   Installation or repair of facilities within the public way including but not limited to placing facilities on other facilities already located in the public way;
   (D)   Construction of private streets (including but not limited to paving and gutters), sidewalks, or alleys;
   (E)   Installation or repair of facilities for the conveyance of water, sewer, or stormwater;
   (F)   Installation or repair of facilities for electrical, gas, video, internet, telephone, cable, telecommunications, television, or other information or data transfer service to customers within the town;
   (G)   Work in the rights-of-way that affects traffic patterns, either permanently or temporarily;
   (H)   Make ready work. The town shall provide estimates for any make-ready work necessary to enable the town utility pole to support the requested collocation, including pole replacement if necessary, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days of written agreement on the cost of the work;
   (I)   Attachments to town property in NCDOT or other rights-of-way; and
   (J)   The Town Board may approve agreements for the use of town property that substitute for encroachment permits, such as the lease of space on a water tower.
(Ord. 17-12, passed 9-18-2017)
§ 52.04 EXEMPTIONS AND REQUIREMENTS.
   The Public Works Department (the "Department") may exempt its contractors or the North Carolina Department of Transportation (NCDOT) from particular requirements in §§ 52.01 through 52.06 when substantial compliance has been assured through the town's contracting system, or, in the case of NCDOT, where the need for state infrastructure on town roads, or a joint undertaking by the town and NCDOT, or the use of state controlled areas of the public way makes the application of such requirements unreasonable.
(Ord. 17-12, passed 9-18-2017)
§ 52.05 UNLAWFUL TO DO WORK WITHOUT AUTHORIZATION; EMERGENCY.
   Except in the event of an emergency, it shall be unlawful to do work in the PROW or maintain facilities in the PROW without the required authorizations/permits that may be necessary. In the event of an emergency, a person may do such work as is necessary to address the emergency, but only the emergency. Application shall immediately be made for necessary authorizations from the town, notwithstanding that work may have started or have been completed and all necessary fees shall be paid.
(Ord. 17-12, passed 9-18-2017)
§ 52.06 APPLICATION REQUIREMENTS.
   An application must be filed with the Department for any work other than normal maintenance on or associated with any pole or other support structure, including modification, change or replacement of equipment that would be different in size, weight or appearance than the existing equipment that is not otherwise exempt under this chapter. The following information shall be submitted in an application for an encroachment permit.
   (A)   Contact information for the user of the public right-of-way and contractors performing the work. Include all contractor's/trade's/professional licenses held and license numbers.
   (B)   Description of the work to be performed, including the specific location or the requested make ready work.
   (C)   Construction drawings demonstrating compliance with the Town of Carthage Engineering Specifications and Standard Details, the NCDOT Subdivision Road Manual, and the latest edition of the Manual on Uniform Traffic Control Devices and Chapter 100 Development Ordinance.
   (D)   Description of all existing infrastructure within the proposed work area and any proposed modification, improvement or movement of infrastructure.
   (E)   Evidence that the owners of other utilities or encroachers near the new work have been notified.
   (F)   Proposed work schedule.
   (G)   Insurance. The town may require persons that do work in the PROW and users to provide insurance by a company authorized to do business in the state, including but not limited to: i) workers' compensation coverage for all employees; ii) employers' liability insurance; iii) commercial general liability; and iv) business auto policy. The town may require that the town, its officials, employees and consultants be named as additional insureds on such insurance policies in that case the applicant shall provide a certificate of insurance. If an applicant has previously damaged town property or has not adequately repaired damaged town property during the past three years, the amount of insurance shall be as determined by the town, in part based on the scope of the work and the tenure or term of occupancy.
   (H)   To facilitate the preparation and submittal of an application in compliance with this chapter, and thereby expedite the review and permitting of an application, a pre-application meeting may be held.
   (I)   No permitting of unidentified facilities. No permit or authorization shall be granted for new equipment or facilities that is not expressly and individually identified at the time of the application, including the specific location and design characteristics of each facility.
   (J)   Site visit. A site visit of each facility or proposed location of a new facility may be conducted to determine the physical condition of the facility or proposed location and to identify any issues of concern, non-compliance with applicable laws, rules and regulations, and any safety issues or concerns.
   (K)   Installations in the PROW shall be located and constructed to create the least visual impact on the immediate surrounding area and the least physical intrusion and impact on the limited space in the PROW. Such facilities/equipment shall not be constructed in a sight triangle or so close to the curb or edge of pavement that a safety hazard is created. (See § 92.02 of this code.)
   (L)   Riser cable. All riser or other vertically run cable of any kind attached to a pole or other support structure shall be protected with non-conductive, non-degradable material shall be of a color that matches the color of the pole or other support structure as closely as is reasonably possible.
   (M)   New and replacement poles or support structures that are not substantial modifications or routine maintenance. An application for a new or replacement pole or support structure must include detailed design criteria, including material composition, aesthetic appearance and a structural adequacy analysis with calculations which must be able to be independently verified using the information submitted by the applicant.
      (1)   New and replacement installations shall be consistent throughout the town limits;
      (2)   When feasible and in lieu of installing new poles, new installations shall precipitate replacing an existing distribution pole, secondary pole or streetlight with a pole that meets the standards set forth in this section;
      (3)   Installations shall be on non-conductive poles;
      (4)   All wireless facilities and base stations (including radios, network equipment and batteries) shall be: i) enclosed in a pedestal cabinet near the pole; ii) in a pole-mounted cabinet; or iii) under a pole-mounted shroud; and
      (5)   Equipment installations shall be on poles that meet or exceed current NESC standards and wind and ice loading requirements of the latest edition of TIA 222.
(Ord. 17-12, passed 9-18-2017)
§ 52.07 ADDITIONAL REQUIREMENTS FOR WIRELESS SUPPORT STRUCTURES, WIRELESS COMMUNICATIONS FACILITIES, AND ANY OTHER WIRELESS COMMUNICATIONS FACILITY, SMALL WIRELESS FACILITY OR MICRO WIRELESS FACILITY LOCATED IN THE PROW.
   An applicant shall demonstrate compliance with §§ 52.02 through 52.06 and provide the additional supplemental information specific to wireless facilities, structures and ancillary equipment.
   (A)   To facilitate the application process and to mitigate application-related costs for applicants, depending upon the scope of the proposed work and its impact, both visual and physical as determined by the Department, applications for small/micro wireless facilities may be submitted in groups of up to 25 facilities in a single application.
   (B)   No taxpayer subsidization. Taxpayers may not directly or indirectly subsidize applicant's costs.
   (C)   Maximum permitted height. 
      (1)   On wireless support structures. Utility poles and town utility poles the maximum permitted height is 50 feet above ground level.
      (2)   Small wireless facilities may extend ten feet above the height of the utility pole, town utility pole or wireless support facility on which they are collocated.
      (3)   In the R-20, R-10 and R-HD zoning districts, in areas where the existing utilities are installed underground the maximum height is 40 feet above ground level.
       (4)   On blocks where decorative light or utility poles are installed, collocations may only occur on decorative poles if feasible. New poles shall be of the same design and materials as the decorative poles. (See § 52.03 for information on encroachment on town utility poles.)
   (D)   Absent a showing by clear and convincing evidence of the need for a greater lateral distance between poles or other support structures in the PROW, the minimum lateral distance between poles or other support structures as measured in any direction shall be 100 feet. This minimum lateral distance shall not be applicable to poles or support structures that support lines or cables crossing a street.
   (E)   Compliance with NESC and NEC. All electronic attachments to poles or other structures in the PROW shall always be in compliance with the edition of the National Electrical Safety Code (NESC) and the National Electrical Code (NEC) in effect at the later of:
      (1)   The time the facility was constructed;
      (2)   The time of the last modification of equipment on the pole or other support structure; or
      (3)   The edition in effect at the time of the current application.
   (F)   Service date. Applicants shall attest that small wireless facilitates be activated and placed in service no later than one year from the date the permit is issued.
   (G)   Abandonment.
      (1)   Wireless services providers are required to remove an abandoned wireless facility 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 services provider. For the purposes of this section, a wireless facility shall be deemed abandoned at the earlier of the date that the wireless services 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.
      (2)   This section applies to rights-of-way controlled by the North Carolina Deptartment of Transportation.
(Ord. 17-12, passed 9-18-2017)
§ 52.08 ENFORCEMENT PROVISIONS.
   (A)   Failure to acquire a permit or notify the Department of work in the right-of-way may result in a stop work order. The stop work order shall be in writing and state the conditions under which work may be resumed.
   (B)   The violation of a stop work order issued pursuant to this section shall constitute a misdemeanor punishable under G.S. §14-4 and may be subject to a civil penalty in the amount of $100 per day. Civil penalties authorized by this section may be assessed against the user on whose behalf work is being performed and against the contractor or subcontractor who is performing such work.
   (C)   If a user, contractor, or sub-contractor has received a stop work order within the last three months, the user is required to post a bond for up to 125% of the estimated cost of the work.
   (D)   All of the other provisions of § 10.99 of this code apply to violations of this chapter.
(Ord. 17-12, passed 9-18-2017)
§ 52.09 FEES, AGREEMENTS AND LICENSES.
   (A)   The department shall charge such fees as are authorized by the Town Board in the adopted fee schedule.
   (B)   The Town Board of Commissioners may grant non-exclusive licenses to use the rights-of-way or other town properties.
   (C)   The Town Board of Commissioners may enter into agreements governing pole attachments, other attachments, and/or the use of other town properties for the provision of wireless or communications services, including town-owned properties in town or other rights-of-way.
(Ord. 17-12, passed 9-18-2017)
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