(A) Conflict with other ordinances. To the extent these development standards conflict with other ordinances for the town, these development standards shall control.
(B) Rules for words and phrases. For the purposes of subchapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory; the word “may” is permissive; the word “used” includes “designed” and “intended” or arranged to be used or occupied; and the word “person” includes a firm, association, organization, partnership, trust, foundation, company or corporation as well as an individual.
(C) Definitions. For the purpose of this subchapter certain words, phrases and terms used herein shall be interpreted as stated in this section. The Planning Director or designee shall define any word, phrase or term not defined herein. The interpretation shall be based upon its common and ordinary usage in the region.
(1) ABANDON. Occurs when an owner of a support structure intends to permanently and completely cease all business activity associated therewith.
(2) ANTENNA. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
(3) ANTENNA ARRAY. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include Omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The ANTENNA ARRAY does not include the support structure.
(4) APPLICABLE CODES. The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with state or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
(5) APPLICATION. A request that is submitted by an applicant for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, town utility pole, or wireless support facility.
(6) ATTACHED WIRELESS COMMUNICATION FACILITY. An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
(7) BASE STATION. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.
(8) BREAKPOINT TECHNOLOGY. The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least 5% more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.
(9) BUILDING PERMIT. An official administrative authorization issued by the town prior to beginning construction consistent with the provisions of G.S. § 160D-11-10.
(10) CARRIER ON WHEELS “COW”. A portable self-contained telecommunications 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.
(11) COLLOCATION. The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings, and other structures
capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term COLLOCATION does not include the installation of new utility poles, town utility poles, or wireless support structures.
(12) COMMUNICATIONS FACILITY. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.
(13) COMMUNICATIONS SERVICE. Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), of wireless services.
(14) COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.
(15) COMPLETED APPLICATION. An application that contains all information and/or data necessary to enable the board or ordinance administrator to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless facilities and/or wireless support structures on the town in the context of the permitted land use for the particular location requested.
(16) 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.
(17) ELIGIBLE FACILITIES REQUEST. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
(18) EQUIPMENT COMPOUND. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.
(19) FAA. The Federal Aviation Administration or its duly designated and authorized successor agency.
(20) FCC. The Federal Communications Commission or its duly designated and authorized successor agency.
(21) FTA. Federal Telecommunications Act of 1996.
(22) 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.
(23) FREE STANDING WIRELESS SUPPORT STRUCTURE. A wireless support structure that is not supported by guy wires and ground anchors or other means of attached or external support.
(24) GUYED WIRELESS SUPPORT STRUCTURE. A style of wireless support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.
(25) LAND DEVELOPMENT REGULATION. Any ordinance enacted pursuant to this chapter.
(26) MAJOR MODIFICATIONS. Improvements to existing telecommunications facilities or support structures that result in a substantial increase to the existing structure. Collocation of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a major modification.
(27) MICRO WIRELESS FACILITY. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
(28) MINOR MODIFICATIONS. Improvements to existing structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a substantial increase. MINOR MODIFICATIONS include the replacement of the structure.
(29) MONOPOLE. A single, freestanding pole-type structure supporting one or more antennas.
(30) ORDINARY MAINTENANCE. Ensuring that telecommunications facilities and support structures are kept in good operating condition. ORDINARY MAINTENANCE includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a support structure's foundation or of the support structure itself. ORDINARY MAINTENANCE includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. ORDINARY MAINTENANCE does not include minor and major modifications.
(31) REPLACEMENT. Constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial increase to a pre-existing support structure in order to support a telecommunications facility or to accommodate collocation and removing the pre-existing support structure.
(32) SEARCH RING. The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.
(33) SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(a) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.
(b) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this division, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
(34) SUBSTANTIAL MODIFICATION. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below.
(a) Increasing the existing vertical height of the structure by the greater of (i) more than 10% or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
(b) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance.
(c) Increasing the square footage of the existing equipment compound by more than 2,500 square feet.
(35) SUPPORT STRUCTURE(S). A structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, and other freestanding self-supporting structures.
(36) TELECOMMUNICATIONS FACILITY. Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service.
A TELECOMMUNICATION FACILITY can consist of one or more antennas and accessory equipment or one base station.
(37) TOWER. A lattice-type or monopole wireless support structure, guyed or freestanding, that supports one or more antennas.
(38) TOWN RIGHT-OF-WAY. A right-of-way owned, leased, or operated by a town, including any public street or alley that is not a part of the state highway system.
(39) TOWN UTILITY POLE. A pole owned by a town in the town right-of-way that provides lighting, traffic control, or a similar function.
(40) UTILITY POLE. A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.
(41) WATER TOWER. A water storage tank, 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.
(42) WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:
(a) The structure or improvements on, under, within, or adjacent to which the equipment is collocated.
(b) Wireline backhaul facilities.
(c) Coaxial or fiber-optic cable that is between wireless structures or utility poles or town utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(43) WIRELESS INFRASTRUCTURE PROVIDER. Any person with a certificate to provide telecommunications service in the State who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.
(44) WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
(45) WIRELESS SERVICES. Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.
(46) WIRELESS SERVICES PROVIDER. A person who provides wireless services.
(47) WIRELESS SUPPORT STRUCTURE. A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a town utility pole is not a WIRELESS SUPPORT STRUCTURE. Specific types of WIRELESS SUPPORT STRUCTURES include:
(a) ATTACHED WIRELESS SUPPORT STRUCTURE means an antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless facility is considered to be an accessory use to the existing principal use on a site.
(b) CONCEALED WIRELESS SUPPORT STRUCTURE, sometimes referred to as a concealed or camouflaged facility, means a wireless support structure, ancillary structure, or wireless support structure equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two types of concealed wireless support structures: 1) attached and 2) freestanding. Examples of CONCEALED ATTACHED FACILITY include, but are not limited to, the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. FREESTANDING CONCEALED WIRELESS SUPPORT STRUCTURES usually have a secondary, obvious function which may be, but is not limited to, the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or faux tree.
(c) FREESTANDING WIRELESS SUPPORT STRUCTURE means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless support structure includes, but is not limited to, the following: guyed, lattice, or monopole support structures.
(d) NON-CONCEALED WIRELESS SUPPORT STRUCTURE means a wireless support structure that is readily identifiable as such and can be either freestanding or attached. For similar state law provisions, refer to G.S. § 160D-931.
(Ord. 23-241, passed 7-18-2023)