§ 154.37 LEVEL III - NEW TOWERS.
   (A)   Application requirements for permit (Level III). Application information including:
      (1)   Completion of the “Communications Tower Ordinance of Harnett County, North Carolina Application Permit”;
      (2)   Application fee;
      (3)   Site plan prepared by an active North Carolina Registered Land Surveyor, Professional Engineer or Landscape Architect (drawn to scale) including:
         (a)   Names, addresses, and telephone numbers of the applicant and the property owner;
         (b)   Deed book/page and map book/page reference;
         (c)   Name of project development;
         (d)   The plan scale, a north arrow and a vicinity map;
         (e)   Zoning district classification;
         (f)   Watershed classification - percent coverage of lot to be impervious surface (if located in a designated watershed area);
         (g)   Tax parcel identification number for the parcel of land containing the tower site and the towers latitude and longitude coordinates;
         (h)   The name address, signature and seal of the person who prepared the site plan;
         (i)   Locations and widths of all easements and right-of-ways within and adjacent to the site;
         (j)   Location of existing and/or proposed parking, fencing, screening and gates;
         (k)   Location of existing and/or proposed plant materials (including the size and type of plant);
         (l)   Location of all parking on site;
         (m)   The surveyed boundary lines of the parcel, or portion thereof, that will contain the proposed tower. An active North Carolina Registered Land Surveyor shall survey such boundary lines;
         (n)   The general location of boundary lines of any parcel or portion thereof within a radius from the tower base to the proposed tower height;
         (o)   All identifiable buildings and structures (including existing towers) roads and perennial streams located on the parcel containing the tower site and within a radius from the tower base equal to the tower height;
         (p)   The tower base and the foundations for all guyed line anchors and support structures, all proposed buildings, accessory structures and any other proposed improvements, including roads and utilities serving the proposed site; and
         (q)   The ground elevation of the base of the proposed tower to the nearest foot.
      (4)   Structural engineer certification;
      (5)   Tower sketch that includes dimensions, accessory structures and antennas;
      (6)   Statement regarding accommodation of additional user(s);
      (7)   The applicant shall be responsible for providing the names, addresses and parcel identification numbers of all property owners within the application and all adjoining property owners insofar as the applicant is able to obtain the these name and addresses, through personal knowledge, to the County Tax Office or County Land Records Office;
      (8)   The applicant must submit a recorded legal description of the tower site and ingress/egress easement to the site;
      (9)   An area map indicating the proposed tower and coverage, other tower and coverage areas and any approved tower sites within a five-mile radius;
      (10)   Evidence of lack of alternative site - documentation which shows that a reasonable effort has been made to co-locate a proposed antenna for a communications tower on an existing tower or alternative structure and that there are no feasible alternative to constructing the proposed tower because the owner of an existing tower or alternative structure which could be used for an antenna is unwilling to allow the co-location or because no tower or structure exists which could provide coverage to the proposed service area; is structurally capable of supporting the intended equipment; is the proper height; or would not cause frequency interference.
   (B)   Minimal impact. Tower owners should always exercise best efforts in the placement of communications towers so that they have minimal impact on adjacent residents and landowners. The following standards shall be in effect for all new towers and compliance therewith is required for all new towers and shall be conclusive proof of best efforts on the part of the tower owners. Note that in most cases, the standards are more relaxed on monopole towers.
   (C)   Separation from existing communication towers. New monopole towers shall be located at least one-half mile from any existing or permitted tower of any type (monopole, lattice or guyed) which is greater than 150 feet in height. New lattice or guyed towers shall be located at least one mile from any existing or permitted tower, of any type, which is greater than 150 feet in height.
   (D)   Minimum setback requirements. A distance equal to 75% of the proposed tower height shall separate new monopole towers from all structures, property lines, right-of-way lines and/or easements. A distance equal to the height of the proposed tower shall separate new lattice or guyed towers from all structures, property lines and/or right-of-way lines.
   (E)   Compliance with federal and state regulations. The applicant, owner or developer shall certify that the proposed tower will be constructed and operated in accordance with all applicable local, state and federal regulations, including, but not limited to, all FCC and FAA rules and guidelines.
   (F)   Design to accommodate additional user. Tower design shall allow for the co-location of other service provider(s) at a fair market value. If the tower is less than 150 feet, it shall be designed to accommodate one additional service provider. If the tower is between 150 and 300 feet in height, it shall be designed to accommodate a minimum of two additional service providers.
   (G)   Option to county on co-location opportunity. For all new towers, the applicant shall give the county the option of co-locating, for governmental use, where such co-location will not interfere with other providers. There shall be no access fee charged for said co-location.
   (H)   Easements. An easement of no less than 30 feet wide is required for each new communications tower as in the Subdivision Ordinance for the county.
   (I)   Buffer zones/landscaping.
      (1)   A landscape buffer shall be required in the setback space. The buffer for lattice and guyed towers shall be 60 feet. The buffer for monopole towers shall be 30 feet. The buffer may be measured inward from the property and right-of-way lines, or outward from the fence that surrounds the tower compound.
      (2)   Landscaping shall be as follows:
         (a)   Buffers shall consist of planting evergreens and/or deciduous trees spaced no more than 20 feet apart;
         (b)   Trees shall be six to seven feet tall for evergreens at the time of planting and shall reach a height of no less than 30 feet at maturity;
         (c)   Planting of low growing shrubs and/or trees shall be placed at ten-foot intervals;
         (d)   The buffer zone shall not be in, and no planting shall be placed in, the road right-of-way;
         (e)   The buffer must be maintained for the life of the tower; and
         (f)   A landscape plan shall be submitted as part of the wireless communications facility permit being applied for under this subchapter.
   (J)   Tower height limitations. The height of any communications tower shall be limited to 300 feet.
   (K)   Biennial certification of tower use. There must be written notice given to the County Planning Department biennial that each tower is still in normal operation. The period for biennial notification will begin the date the permit was issued.
(Ord. passed 12-4-2000; Ord. passed 6-17-2002) Penalty, see § 154.99