(A) Purpose and compliance with federal law.
(1) The purpose of this subchapter is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the Town of Fairmont 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.
(2) The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and that, consistent with section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), create 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 following standards shall apply to actions by the Town of Fairmont, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility. For similar state law provisions, refer to G.S. § 160D-930.
(B) Applicability. The regulations of this subchapter shall apply to the development and rehabilitation of wireless communication facilities in the planning jurisdiction of the Town of Fairmont.
(C) Local authority. The Town of Fairmont may plan for and regulate the siting or modification of wireless support structures and wireless facilities in accordance with land development regulations and
in conformity with this subchapter. Except as expressly stated, nothing in this subchapter shall limit the Town from regulating applications to construct, modify, or maintain wireless support structures, or construct, modify, maintain, or collocate wireless facilities on a wireless support structure based on consideration of land use, public safety, and zoning considerations, including aesthetics, landscaping, structural design, setbacks, and fall zones, or state and local building code requirements, consistent with the provisions of federal law provided in G.S. § 160D-9-30. For purposes of this subchapter, public safety includes, without limitation, federal, state, and local safety regulations but does not include requirements relating to radio frequency emissions of wireless facilities. For similar state law provisions, refer to G.S. § 160D-932.
(Ord. 23-241, passed 7-18-2023)