For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY FACILITY OR STRUCTURE. An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
ANTENNA. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
APPLICANT. Any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.
APPLICATION. All necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications facilities. The term includes any request submitted 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 structure.
BASE STATION. A structure or equipment at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics. The term includes but is not limited to equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term also includes, but is not limited to, radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration and including distributed antenna systems and small wireless facilities.
COLLOCATION. The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, town utility poles, or wireless support structures.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE. The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be COMMERCIALLY IMPRACTICABLE and shall not render an act or the terms of an agreement COMMERCIALLY IMPRACTICABLE.
COMPLETED APPLICATION. An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
CONCEALED WIRELESS FACILITY, WIRELESS SUPPORT STRUCTURE, OR ANTENNA. Any telecommunications facility, wireless support structure, or antenna that is integrated as an architectural feature of a structure or that is designed to camouflage or conceal the presence of the telecommunications facility, wireless support structure, or antenna so that the purpose of the telecommunications facility, wireless support structure, or antenna is not readily apparent to a casual observer.
CONCEALMENT ELEMENT. Any design feature, including but not limited to painting, shielding requirements, shrouds, and restrictions on location or height with relation to the surrounding area that are intended to make a telecommunications facility less visible to the casual observer. The design elements of a concealed or stealth telecommunications facility are concealment elements.
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.
EQUIPMENT COMPOUND. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.
FAA. The Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC. The Federal Communications Commission, or its duly designated and authorized successor agency.
HEIGHT. The distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.
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.
MONOPOLE. A single, self-supporting, freestanding pole-type structure built for the sole purpose of supporting one or more antennae. For the purposes of this chapter, a utility pole is not a monopole.
NIER. Non-ionizing electromagnetic radiation.
PERSON. Any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
PERSONAL WIRELESS FACILITY. See WIRELESS TELECOMMUNICATIONS FACILITIES.
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS. The same meaning as defined and used in the 1996 Telecommunications Act
QUALIFYING TOWN UTILITY POLE. A modified or replacement town utility pole that does not exceed 50 feet above ground level and that is associated with a new small wireless facility that does not extend more than ten feet above such town utility pole.
QUALIFYING SMALL WIRELESS FACILITY. A new small wireless facility that does not extend more than ten feet above the utility pole, town utility pole, or wireless support structure on which it is collocated and is located either:
(1) Within the town right-of-way; or
(2) Outside of town right-of-way on property other than single family residential property.
QUALIFYING UTILITY POLE. A new utility pole or modified or replacement utility pole that does not exceed 50 feet above ground level and that is associated with a new small wifeless facility that does not extend more than ten feet above such utility pole.
SEARCH RING. The area in 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.
SHROUD. A box or other container that contains, and is designed to camouflage or conceal the presence of, a telecommunications facility, antenna, or accessory equipment.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic fee 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.
(2) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. Pursuant to applicable law, 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, vertical cable runs for the connection of power and other services, or other support structures.
SPECIAL USE PERMIT. The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the town.
STEALTH or STEALTH TECHNOLOGY. Minimal adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
STATE. The State of North Carolina.
SUBSTANTIAL MODIFICATION.
(1) The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the 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:
1. More than 10%; or
2. 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:
1. More than 20 feet; or
2. 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.
(2) The addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility shall be considered a substantial modification, including without limitation addition, removal or change in equipment shelters, landscaping, fencing, utility feeds, changing the color, materials, or stealth technology of any visually discernible components, vehicular access, and parking.
TELECOMMUNICATIONS. The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATION SITE. See WIRELESS TELECOMMUNICATIONS FACILITIES.
TELECOMMUNICATIONS STRUCTURE. A structure used in the provision of services described in the definition of WIRELESS TELECOMMUNICATIONS FACILITIES.
TEMPORARY. In relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than 90 days,
TOWN. The Town of Franklin, North Carolina.
TOWN COUNCIL. The Town Council of the Town of Franklin.
TOWN RIGHT-OF-WAY. A right-of-way owned, leased, or operated by the town, including any public street or alley that is not a part of the atate highway system.
TOWN UTILITY POLE. A pole owned by the town in the town right-of-way that provides lighting, traffic control, or a similar function.
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.
UDO. The Unified Development Ordinance of the Town of Franklin, codified as Chapter 152 of this Code, as amended.
WIRELESS BROADBAND SERVICE TOWER. A wireless facility, no more than 25 feet in height, as measured from the base of the tower and not including any lighting protection rods extending above the structure and attached equipment, and which wireless facility shall be used exclusively for providing broadband internet services.
WIRELESS TELECOMMUNICATIONS FACILITIES, TELECOMMUNICATIONS TOWER, TOWER, TELECOMMUNICATIONS SITE and PERSONAL WIRELESS FACILITY. A structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures that employ camouflage technology, including, but not limited to, structures such as a multi-story building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the town's siting, building and permitting authority, excluding those used exclusively for the town's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar non-commercial telecommunications where the height of the facility is below the height limits set forth in this chapter.
(Ord. 2018-002, passed 4-2-18; Am. Ord. 2021-008, passed 3-7-22)