Sec. 14-257. - Standards.

(a) Generally. Special uses may be established in accordance with the procedures and general requirements set forth in this article. Except where more restrictive standards are required in this section, special uses shall comply with the intensity regulations established in article II of this chapter for the zoning district in which such use is located and the use group to which such use belongs, and with the design standards established in article VI of this chapter. In addition to the general determinations required in section 14-253 and the requirements of this section, the specific supplemental standards in this section shall be applicable for the designated use.

(b) Commercial cemeteries. The zoning lot on which a commercial cemetery is located shall have a minimum land area of one acre. An applicant for a special use permit shall provide evidence that the requirements of G. S. ch. 65 can be achieved and that the standards of the state cemetery commission shall be met. The site shall have access to an arterial or collector street. Adequate space for the parking and maneuvering of funeral entourages shall be provided within the site. No interments shall take place within 30 feet of any exterior lot line of the cemetery.

(c) Extraction of earth products, mining operations. Note: The removal of top soil, and other surface grading activities are exempted from this section.

(1) A site plan, and/or information prepared by a state registered land surveyor, engineer, architect or landscape architect, shall contain the following:

a. Extent of area to be excavated or mined;

b. Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property;

c. Neighboring land use, road system, natural features and topographical (minimum ten-foot contour intervals) details;

d. A site cross-section showing extent of overburden, extent of sand and gravel deposits, and water table;

e. Location of proposed handling and storage areas for overburden, byproduct and excavated materials;

f. Location and results of groundwater boring showing depth to groundwater;

g. Any areas proposed for ponds or water collection and storage;

h. Wind pattern details and on-site windbreaks;

i. Soil conditions, soil descriptions and statement addressing agricultural productivity and reclamation;

j. Traffic impact analysis addressing the capacity of the roads to serve the site;

k. Access roads to the site, as well as on-site roads, with indication of surface treatment to limit dust; and

l. Required setback areas, including buildings, landscape screening/buffering existing and/or proposed. If plant materials are to be installed, the number, location, size and type of plants are to be identified.

(2) An operations plan which shall include:

a. The date proposed to commence operations and their expected duration.

b. Proposed hours and days of operation.

c. Estimated type and volume of extraction.

d. Description of method of operation, including the disposition of topsoil, overburden and byproducts.

e. Methods to control and respond to spillage of extracted materials, overburden or byproducts and vehicular mud on off-site roads.

f. Description of equipment to be used in the extraction process.

g. Methods to prevent pollution of surface water and groundwater.

h. Operational test wells including schedule of results, analysis and response.

i. Compliance with provisions of the state mining program.

j. Depth of extractive operations.

k. Any phasing of the operation and the relationship among the various phases.

l. Operating practices that will be followed to comply with the performance standards applicable to such operation.

(3) A rehabilitation plan which shall include:

a. A statement of planned rehabilitation of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land;

b. A plan of the site showing the final topography, after rehabilitation, to the same scale as the site plan, depicting any water areas and methods of preventing stagnation and pollution thereof, landscaping and ground cover proposed;

c. Typical cross-sections showing planned rehabilitation;

d. A phasing and timing plan, related to the phasing and timing portion of the operations plan, showing the progression of the rehabilitation and the date when it will be complete;

e. The method of disposing of all equipment, structures, dikes and spoil piles associated with the operations; and

f. A copy of the rehabilitation/reclamation plan as required by the state mining act where applicable.

(4) Standards of evaluation. The following standards shall be used in evaluating an application:

a. That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and/or gravel for building and construction purposes.

b. That all operations associated with extraction shall conform to the following performance standards:

1. Direct illumination resulting from the operation shall not fall upon any land not covered by the application.

2. Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards:

i. Between 7:00 a.m. and 7:00 p.m., 68dBA.

ii. Between 7:00 p.m. and 7:00 a.m., 58dBA.

c. That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 1.0 inches/second; and impact of 2.0 inches/second. Note: The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously. For purposes of this article, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minutes. Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations. Maximum air blast vibration, measured at the lot lines of the zoning lot containing the extractive use, shall be 125 decibels on the linear scale.

(5) The following standards shall apply:

a. The permanent roads, defined as those to be used in excess of one year within the excavation site, shall be surfaced with a dustfree material such as soil cement, bituminous concrete or Portland cement concrete from the nearest public road to the yard area. Also, all permanent roads located within 300 feet of residentially zoned land shall be treated the same.

b. Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the operations plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons shall be an acceptable method of dust inhibition.

c. Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six feet in height shall be installed.

d. Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of response.

e. The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling.

f. No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same.

g. Within the 250-foot setback area, existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer. No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads. Where vegetation within the 250-foot setback does not exist, the applicant shall be required to provide a dense, evergreen buffer consistent with the purpose cited above. The buffer shall be in place prior to the initiation of any excavation activities.

h. The applicant shall submit operational reports, prepared on an annual basis, detailing the amounts of materials extracted, extent of extractive area, depth of extractive area, and results of groundwater test boring.

i. Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit.

j. In cases of abandonment or termination of operations for a period of 12 consecutive months, application for a new special use permit is required.

k. For all extractive uses, a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met. Such performance guarantee shall be in a form approved by the county attorney. The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the state. If the rehabilitation cost exceeds the amount required by the state, then the difference shall be made up in a bond to the county.

(d) General aviation airports, STOL and heliports.

(1) Submittals. The following shall be submitted as part of an application for a special use permit for general aviation airports, STOL and heliports:

a. A configuration diagram depicting the layout of runways, taxiways, approach zones and overrun areas. These diagrams should also be on aerial photographs that show the area within five miles of the proposed site;

b. Isosonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site;

c. The number and type of aircraft proposed to be stored including also the storage areas for aircraft, fuel and motor vehicles, and service areas for aircraft;

d. How on-site fire and rescue services shall be provided and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility;

e. Lists giving land uses within the final approach zones of the airport; and

f. Certification that all Federal Aviation Administration and state standards and requirements have been met.

(2) Standards of evaluation. The following specific standards shall be used in evaluating an application for a special use permit under this section:

a. All FAA and state regulations are met as a condition of approval;

b. The site and its operation will not adversely affect existing adjacent land uses;

c. Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant;

d. Adequate land area is provided for all of the proposed uses, buildings and storage areas;

e. Screening of buildings, storage and maintenance areas is provided from adjacent residential land;

f. Letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level;

g. Access shall be directly onto a state-maintained road; and

h. Compatible land uses are located in the final approach areas of the airport.

(e) Group care facility and adult day care facility.

(1) The zoning lot on which a group care facility or an adult day care facility is located shall have access onto an arterial or collector street in the R zoning districts.

(2) The zoning lot on which a group care facility or an adult day care facility is proposed shall not be located within 500 feet of a zoning lot containing another group care facility or adult day care facility.

(3) The following information shall be submitted as part of an application for a special use permit for a group care facility or adult day care facility:

a. A description of the type of persons to be cared for and the nature of the care to be provided; and

b. Plans for proposed structural alterations to existing structures or new construction, including a complete description of the nature and extent of these alterations or new construction.

(4) Standards of evaluation. The following standards shall be used in evaluating an application under this section:

a. The proposed use is not within 500 feet of another existing family care facility or group care facility;

b. Structural alterations shall be of such a nature as to preserve the residential character of the building; and

c. If a state license or permit is required to operate such a facility, the standards necessary to qualify for such a permit have been met.

(f) Junkyards and salvage operations.

(1) The following information shall be submitted as part of an application for a special use permit for junkyards and salvage operations:

a. Detailed plans and specifications for the site screening proposed.

b. Description of type and number of motorized machines to be employed upon the site.

(2) The extent of area to be used for the storage of junked or wrecked motor vehicles shall be indicated on the site plan.

(3) Standards of evaluation. The following specific standards shall be used in evaluating an application under this section:

a. The site shall be screened from adjacent property by a minimum of an eight-foot high solid fence or equal, uninterrupted except for required vehicle access points;

b. No materials shall be stored closer than 100 feet to a public right-of-way or 40 feet to any property lines;

c. The site shall be landscaped according to landscape standards as set out in section 14-362; and

d. The site is of an adequate size so as to protect adjacent properties from adverse effects of the junkyard.

(g) Kennels or riding stables/academies.

(1) The following information shall be submitted as part of an application for a special use permit for kennels or riding stables/academies:

a. A site plan showing the location of all proposed kennels, barns, exercise yards, riding arenas, pens and related improvements; and

b. Existing structures on the same lot, and structures on adjacent property.

(2) Standards of evaluation. The following specific standards shall be used in evaluating an application under this section:

a. The site is of adequate size to protect adjacent properties from adverse effects of the kennel or riding stable/academy;

b. No part of any building, structure, runway or riding arena, in which animals are housed or exercised shall be closer than 150 feet from any property line, except property occupied by the owner/operator of the kennel. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building;

c. Any kennel which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height, which shall include primary enclosures or runs; and

d. A site plan that shows parking, access areas and screening devices for buildings and animal boarding facilities.

(h) Landfills/land application of sludge.

(1) The following information shall be submitted as part of an application for a special use permit for landfills and land applications of sludge:

a. Typical site cross sections showing extent of overburden, extent of fill and water table elevation, based on mean sea level datum;

b. Location of proposed handling and storage areas for overburden, byproducts and fill materials;

c. Proposed fencing, screening and gates, parking, service and other areas;

d. Any areas proposed for ponding; and

e. Access roads to the site, as well as on-site roads, with indication of surface treatment to limit dust. Sight distances shall be shown for all roads used for access to the site.

(2) An operations plan shall be required which shall include:

a. The date of commencement of operations and their expected duration;

b. Proposed hours and days of operation;

c. A complete description of operation, including source of materials, method of compaction, type of sealing proposed, types and number of equipment to be used;

d. Any phasing of operations and relationship among phases; and

e. Operating practices to be followed to ensure compliance with regulations of this article.

(3) A rehabilitation plan shall be required which shall include:

a. A statement of planned future use of the site, including detailed methods of accomplishment.

b. A map, to the same scale as the site plan, showing final proposed topography, landscaping and ground cover proposed and any drainage or other structures proposed.

c. A phased plan of rehabilitation, related to the operations plan, showing how the rehabilitation will relate to the fill operations and the date of final completion.

(4) All operations associated with the fill shall conform to the following performance standards:

a. Direct illumination resulting from the operation shall not fall upon any land not covered by the application;

b. Equivalent sound levels at the boundaries of the fill site shall not exceed the following standards:

1. Between 7:00 a.m. and 7:00 p.m., 68 dBA;

2. Between 7:00 p.m. and 7:00 a.m., 58 dBA; and

3. Vibration levels at the boundaries of the fill site shall not exceed a maximum peak particle velocity of steady state -1.0 inches/second, and an impact -2.0 inches/second. NOTE: The maximum particle velocity shall be the maximum displacement sums of three mutually perpendicular components, recorded simultaneously, multiplied by the frequency in cycles per second. For purposes of this section, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minutes. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations.

(5) All permanent roads, defined as those to be used in excess of one year, within the fill site shall be surfaced with a dustfree material, such as soil cement, bituminous concrete or Portland cement concrete.

(6) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the operations plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular traffic.

(7) Where the proposed fill shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six feet high shall be installed.

(8) The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling.

(i) Multi-family dwellings.

(1) Intensity regulations.

a. Interstate highway interchange. Multi-family residential development is permitted at a density of eight dwelling units per acre of gross land area.

(2) Use requirements.

a. The minimum building setback shall be:

1. From a perimeter arterial or collector, 70 feet (perimeter means any street existing at the time of approval of the planned development that is outside, adjacent, or internal to remain to the planned development).

2. From a local street, 50 feet.

3. From any property line adjacent to any commercial or industrial zoning district, 20 feet.

4. From any property line adjacent to a residential zoning district, 20 feet.

5. From any other structure, 10 feet.

b. The maximum building height limit shall be 50 feet.

c. Landscaping and buffering shall be in accordance with Johnston County Design Manual, Section 6 and the following:

1. Landscape area "Type B" shall be provided along all arterial or collector streets.

d. Parking and off-street loading shall be in accordance with Johnston County Design Manual, Section 2 and the following:

1. Parking and loading uses shall not be permitted within 50 feet from the right-of-way line of an arterial street or collector street, 20 feet of a local street, or within 10 feet of any interior lot line.

2. From any access easement, 15 feet.

e. Sidewalks shall be a minimum of five-foot-wide ADA compliant provided along all parking areas, to all residential buildings, and to all common amenities.

f. Amenities shall be provided such as playgrounds, picnic shelters, walking trails, and other like improvements to enhance common space. Amenities shall be indicated in detail on the development drawings.

g. Dumpsters shall be enclosed with a fence of like materials as those used to construct the residential buildings. Dumpster enclosures shall be affixed with a gate and, shall be ADA compliant.

(j) Planned developments.

(1) Establishment of planned developments. Planned developments may be established in any zoning district in accordance with the procedures and general requirements set forth in article II and with the requirements contained in this section. Planned developments shall be appropriately located with respect to intended functions, pattern and timing of development indicated in the comprehensive plan, and to public facilities, provided by the county or a municipality, existing or clearly to be available by the time the development reaches the stage where they will be needed.

(2) Relation to major transportation facilities. Planned developments shall be located on a county-designated arterial or collector street and shall be so designed as to provide direct access to the development without creating significant traffic in residential neighborhoods outside the development.

(3) Relation to public facilities and services. Planned developments shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities or installations. Such developments shall be located with respect to necessary public facilities (schools, parks, playgrounds, and other public services) and have access to such facilities in the same degree as developments permitted under general regulations. However, locations for planned developments failing to meet the criteria of this section may be approved if the applicants provide private facilities, utilities, and services equal to those provided by the county and approved by appropriate public agencies as substituting on an equivalent basis. The applicant may make payments to offset the cost of public funds to establish necessary public services and facilities. Determinations of impacts or necessities shall be made by the county or by experts acceptable to the county.

(4) Relation to physical character of the site. The site of a planned development shall be suitable for development in the manner proposed without hazards to persons or property, on or off site. Condition of soil, groundwater, drainage, vegetation, and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form of planned development, lands to be included in planned developments may be divided by streets, alleys, rights-of-way, or easements, which shall be located, dimensioned, and arranged so as to permit unified planning and provide necessary protection against adverse relationships between uses in the development and uses in the surrounding areas.

(5) Relation to subdivision review. It is the intent of this section that applicable subdivision review under the subdivision regulations be carried out as an integral part of the review of a planned development. It is the further intent of this section to permit the submittal of subdivision applications for the whole planned development or for approved plans thereof. The form and content of applications and plans submitted for such integrated review shall be sufficient to satisfy requirements of the subdivision regulations as well as those of this article.

(6) Reduction or increase in land areas.

a. The minimum and maximum land areas required for zoning lots containing the various classifications of planned development as specified in this section may be reduced or increased by the board of commissioners in accordance with the following provisions:

1. Reductions in the minimum land area required may be approved upon findings in the particular case that special circumstances required such reduction, that other requirements can be met in such reduced area, and that such reduction shall not exceed ten percent of the area generally required.

2. Increases in the land area may be approved upon findings that the requirements and intent of this article are met.

b. In reaching decisions on requests for reduction or increase in land areas, the board of commissioners shall be guided by the provisions of the comprehensive plan and the protection of the public health, safety and general welfare of present and future occupants of the proposed development and the surrounding areas.

(7) Permitted modifications of regulations. Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable planned development regulations, general regulations, or other regulations of this article, but the board of commissioners makes a finding in the particular case that the public purposes are satisfied to an equivalent or greater degree, the commissioners may make specific modification of the regulations in the particular case. Any modifications of regulations shall be explicitly indicated in the approval of a planned development.

(k) Planned development-housing (PDH). The following regulations and requirements apply to a planned development-housing (PDH), defined for purposes of this article as a planned development primarily for dwellings and related uses and facilities.

(1) Intent. With respect to timing of development of a particular PDH, it is intended that in addition to other policies and limitations set forth in this article, consideration shall be given to general housing needs in the county as a whole and in the subcommunity in which the development is proposed, and the need for particular types of housing. In such consideration, due weight shall be given to availability of existing supply of housing types for which there is evident need in view of the age and economic characteristics of the population, and to the amount and types of potential housing being developed, and to adequate capacity of public water supply and public sewer. PDH projects may contain a mix of single- and multifamily dwelling units. PDH developments shall be located in the Interstate Highway Interchange district, or sewer service area.

(2) Minimum land area. The minimum land area required for a zoning lot containing a PDH shall be 100 acres.

(3) Permitted uses. The principal and accessory uses of land or structures within a PDH shall be as follows:

a. Dwelling, single-family.

b. Dwelling, two-family (duplex). Note: Counted as one unit in density calculations.

c. Multifamily (12 dwelling units per acre density maximum) (permitted only within the Interstate Highway Interchange district).

d. Residential support facilities (clubhouses, pools, recreation areas).

e. Schools.

f. Public service facilities (fire, EMS, and police stations, or utility structures).

g. Home occupation.

h. Accessory use customarily incidental to a permitted use.

(4) Intensity regulations.

a. Interstate Highway Interchange. Residential development is permitted at an overall density of six dwelling units per acre of gross land area. If only single- and two-family housing types are planned, an overall density of four units per acre is permitted.

b. Sewer Service Area. Residential development is permitted at an overall density of 1.5 dwelling units per acre of gross land area.

(5) Use requirements.

a. The minimum building setback shall be:

1. From a perimeter arterial, collector, or local street, 50 feet. (Perimeter means any street existing at the time of approval of the planned development that is outside, adjacent, or internal to remain to the planned development).

2. From any perimeter lot line, 50 feet.

3. For multifamily buildings immediately adjacent to an external residential zoning district, 50 feet.

4. All other setbacks internal to the planned development can be established by the developer. The minimum building setbacks shall be recorded on the final plat. The proposed setbacks shall be provided as part of master plan approval.

b. The maximum building height limit shall be 50 feet.

c. A landscape buffer shall be required as follows:

1. A landscaped buffer shall be required along all existing arterial, collector and local streets, and dedicated to common open space:

a) Landscape area "A" with the use of a four- to eight-foot landscape berm, decorative wall, or opaque fence; excluding a wooden fence.

b) Landscape area "B" with the use of only plant material.

c) The natural existing vegetation may be used if the density meets or exceeds the landscape area "B" requirements and remains undisturbed.

2. Along all perimeter lines a landscape area "A" or natural area equivalent.

3. Along all perimeter lines adjacent to commercial uses a landscape area "B" or natural area equivalent.

(6) Provision of common open space or recreation area requirements. All planned unit developments shall provide or dedicate common open space or recreation areas suitable for the resident's common passive or active recreational use as follows:

a. For a planned unit development, its total open space or recreation land area shall be at least 15 percent of the total gross land area of the development. All wetlands and/or riparian buffer areas shall be designated as common open space, however, these areas will not count toward the amount of required open space. The board of commissioners may accept alternatives to these minimum requirements with the use of public or private amenities.

Any proposed reduction or area exchange involving previously recorded open space must be approved by the planning board. The applicant must provide sufficient information on why the change is requested and why no other alternative exists.

The developer shall record a document specific to the responsibility and continued maintenance of common open space and recreation areas. This may be part of restrictive conveyances or a separate document. The document shall contain the content as required by the design manual.

b. At minimum, 50 percent of the total amount of open space required shall be provided and located throughout the residential area. These integrated areas shall be no less than 20,000 square feet and designed as to invite residents for passive and/or active recreation uses. A mix of designs shall be encouraged such as neighborhood parks, playgrounds; and corridors for walking trails. A portion of these areas may be built upon for amenities.

d. At minimum, 50 percent of the amenities required shall be provided at 50 percent dwelling unit construction, and 75 percent of the amenities at 75 percent dwelling unit construction. Amenity locations and type shall be noted on the final plat at recording. Any change to previously recorded amenities must be approved by the planning board.

e. Amenities shall be of a type which enhances the use of the open space. These types shall include: playgrounds; parks with shelters, benches, managed turf fields; walking/running trails; clubhouses; pools; tennis/ball courts; golf courses; and other like improvements.

f. Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Such common open space land may be dedicated or deeded to an appropriate public body upon their acceptance, land trust, nonprofit, or for profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowner's association for the continuing maintenance and control of common open space or recreation area; or, held by the owner subject to the recording of a permanent conservation easement or similar open space or recreational land dedication.

(7) Payments in lieu of provision or dedication. In lieu of providing or dedicating the required minimum common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may, with the approval of the board of commissioners, where appropriate, make a payment to the county whereby the county may acquire common open space land. The county shall use such payment only for the acquisition or development of open space, recreation, or park sites to serve residents of the county. The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the county's annual schedule of fees. The developer shall make the payment before approval of a final plat.

(8) Design standards. Except as otherwise provided in this chapter, the design standards applicable within a PHD shall be as established in the county design manual and articles III and VI, with the following additions:

a. [Transitions between lots.] Where a PDH zoning lot adjoins land that is zoned residential and developed with lots of a size which limits their use to single-family detached residences, an appropriate transition between the PDH and the adjoining single-family lots shall be provided. An appropriate transition shall consist of a landscape area type "A".

b. [Vehicular access.] Vehicular access to streets shall be limited and controlled as follows:

1. If the street or portion of the street serves 50 or fewer dwelling units, vehicular access from off-street parking and service areas may be directed to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development; and

2. Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption.

c. Street sidewalks. A minimum five-foot-wide ADA-compliant sidewalk shall be provided along both sides of the street throughout the residential areas of the development.

1. The sidewalk, where situations permit, shall be at the edge of the right-of-way, creating a minimum six-foot separation between the edge of pavement and edge of sidewalk. If curb and gutter is utilized then the sidewalk shall be at least two feet from the back of curb. Where necessary, sidewalks easements may be utilized due to constraints with topography.

2. Crosswalks shall be provided, where necessary, to provide organized and efficient circulation within the development.

3. Where sidewalks are proposed between residential lots used to connect areas within the development, ten foot fee simple open space shall be utilized.

(9) Alternative energy systems. Provisions of sections 14-115 through 14-119 shall apply.

(l) Planned development-mixed use (PDM). The following regulations and requirements apply to a planned development-mixed use, defined for purposes of this article as a planned development that provides for the coordinated and balanced development of residential, office and commercial uses and their necessary support functions. Planned development mixed-use shall only be permitted within the Interstate Highway Interchange overlay district.

(1) Intent. It is intended that the PDM shall encourage development within which mutually supporting residential, commercial and office uses are scaled, balanced, and located to reduce general traffic congestion by providing housing close to principal destinations, thereby allowing multiple destinations to be achieved with a single trip. When such mixed use developments adjoin residential developments or residential zoning districts, it is intended that arrangement of buildings, uses, open space, and vehicular access shall be such as to provide appropriate transition and reduce potentially adverse effects.

(2) Mixed use thresholds. All development in a PDM shall conform to the following thresholds:

a. Minimum parcel or tract size.

1. Minimum of 25 acres for developments which utilizes:

a) Private wastewater treatment and disposal system, or a private wastewater pump station which discharges in to a public sewer system, upon approval by the public utilities department; or

b) Wastewater system which can utilize gravity flow into an existing public sewer system.

b. Uses proposed in one of the following combinations.

1. Office, commercial, and residential uses.

2. Office and residential uses.

3. Commercial and residential uses.

c. [Dwelling types.] A mix of residential dwelling types shall be included.

d. [Percentage of residential use.] At least 40 percent, and no more then 70 percent, of the land or building floor area must be devoted to residential uses, as defined in this chapter.

(3) Permitted uses.

a. The following uses are permitted as a principal use:

1. All uses permitted as a principal use in the following:

a) Agricultural Residential district (AR), these areas shall be designated as AR-SUD on the zoning atlas.

b) Office and Institutional and Business Zoning districts (to exclude Industrial districts), these areas shall be described by metes and bounds and designated GB-SUD on the zoning atlas.

2. Single-family, townhouse and duplex residential dwellings with a maximum number of six dwelling units per acre. Note: Duplex and townhouse units are counted as one unit in density calculations.

3. Multifamily dwellings with a maximum number of 12 dwelling units per acre.

4. Residential support facilities (club houses, pools, recreation areas).

5. Public service facilities (fire, EMS, and police stations, or utility stations).

b. The following uses are not permitted in a planned development-mixed use development:

1. Automotive repair mechanical, paint/body.

2. Bar/club.

3. Building materials/supplies—Masonry, lumber yard, wholesales [wholesalers].

4. Contractors office/storage yard.

5. Kennel.

6. Mini-storage.

7. Sales/rental—Automotive, recreational vehicle, farm implement, boat, mobile/modular home.

8. Warehousing/outdoor storage yard.

(4) Use requirements.

a. The minimum building setback shall be:

1. For nonresidential buildings from a perimeter arterial, collector, or local street, 50 feet. (Perimeter means any street existing at the time of approval of the planned development that is outside, adjacent, or internal to remain to the planned development).

2. For a residential structure from a perimeter arterial, collector, or local street, 50 feet.

3. For residential and nonresidential buildings from any perimeter lot line, 50 feet.

b. The minimum setback from the perimeter boundary for a parking lot or internal driveway shall be 30 feet.

c. The maximum building height limit shall be 50 feet.

d. A landscape buffer shall be required as follows:

1. For residential areas, a landscaped buffer shall be required along all arterial and collector and local streets, and dedicated to common open space:

a) Landscape area "A" with the use of a four- to eight-foot landscape berm, decorative wall, or opaque fence; excluding a wooden fence.

b) Landscape area "B" with the use of only plant material.

c) The natural existing vegetation may be used if the density meets or exceeds the landscape area "B" requirements and remains undisturbed.

2. For office/commercial areas a landscaped buffer shall be required along all existing arterial, collector and local streets in accordance with the landscaping section of the design manual.

3. A landscape area "B" adjacent to all perimeter lot lines, where commercial uses, as part of the PMD, abuts adjacent residential uses. A landscape area "A" adjacent to all perimeter lot lines, where commercial uses, as part of the PMD, abuts adjacent commercial uses.

4. A landscape area "B" shall be used between the commercial and residential areas within the PDM.

5. Along all perimeter lines a landscape area "A" or natural area equivalent.

(5) Provision of common open space or recreation area requirements. All planned unit developments-mixed uses shall provide or dedicate common open space or recreation areas suitable for the resident's common passive or active recreational use as follows:

a. For a PDM, its total open space or recreation land area shall be at least 20 percent of the total gross land area of the development. All wetlands and/or riparian buffer areas shall be designated as common open space, however, these areas will not count toward the amount of required open space. The board of commissioners may accept alternatives to these minimum requirements with the use of public or private amenities.

Any proposed reduction or area exchange involving previously recorded open space or amenities must be approved by the planning board. The applicant must provide sufficient information on why the change is requested and why no other alternative exists.

b. At minimum, 50 percent of the total amount of open space required shall be located throughout the residential area. These integrated areas shall be no less than 20,000 square feet and designed as to invite residents for passive and/or active recreation uses. A mix of designs shall be encouraged such as neighborhood parks, playgrounds; and corridors for walking trails. A portion of these areas may be built upon for amenities.

c. A summary of amenities must be provided upon PDM submittal. The summary shall contain the content as required by the design manual. A phasing plan for amenities shall be provided and amenities shall at minimum be phased with the construction of the dwelling units. Once 25 percent of the dwelling units have been constructed a minimum of 25 percent of the amenities must be completed. Additionally as development progresses 50 percent of the amenities are required at 50 percent dwelling unit construction, and 75 percent of amenities to be completed at 75 percent dwelling unit construction. Amenity locations and type shall be noted on the final plat at recording. Any change to previously recorded amenities must be approved by the planning board.

d. Amenities shall be of a type which enhances the use of the open space. These types shall include: playgrounds; parks with shelters, benches, managed turf fields; walking/running trails; clubhouses; pools; tennis/ball courts; golf courses; and other like improvements.

e. Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds. Such common open space land may be dedicated or deeded to an appropriate public body upon their acceptance, land trust, nonprofit, or for profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowner's association for the continuing maintenance and control of common open space or recreation area; or, held by the owner subject to the recording of a permanent conservation easement or similar open space or recreational land dedication.

(6) Payments in lieu of provision or dedication. In lieu of providing or dedicating the required minimum common open space or recreation area required pursuant to this section, a developer of a subdivision or planned development may, with the approval of the board of commissioners, where appropriate, make a payment to the county whereby the county may acquire common open space land. The county shall use such payment only for the acquisition or development of open space, recreation, or park sites to serve residents of the county. The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the county's annual schedule of fees. The developer shall make the payment before approval of a final plat.

(7) Design standards. All design standards specified in articles III and VI and in the county's design manual in effect at the time a proposal is being reviewed shall apply to the design of PDM as defined by this article with the following provisions:

a. Site analysis. Any application for mixed use development shall include a site evaluation analysis which identifies the physical character and structure of the site. Elements of the site to be investigated include topography, soil conditions, slope conditions, drainage patterns, vegetation, subsurface constraints, and any other existing conditions.

b. Street sidewalks. A minimum five-foot-wide ADA compliant sidewalk shall be provided along both sides of the street throughout the residential areas and connecting to the commercial areas of the development.

2. Crosswalks shall be provided, where necessary, to provided organized and efficient circulation within the development.

3. Where sidewalks are proposed between residential lots used to connect areas within the development, ten-foot fee simple open space shall be utilized.

(8) Additions to approved planned development-mixed use. Development tracts of at least 20 acres can meet the mixed use threshold in the following manner:

a. Development is proposed on a tract of land that is at least 20 acres (may include parcels on both sides of a public street if at least ten acres of the total are located on both sides of the street).

b. The proposed development tract is adjacent to, or across a public street from, a planned development-mixed use that has been approved by the board of commissioners in accordance with the provisions of this article.

c. The proposed uses, circulation patterns and buffers are demonstrated to be compatible with the adjacent approved mixed use development. In addition, landscape treatments and architecture shall be in harmony and compatible with the adjacent approved mixed use development to the extent such landscape treatments and architecture have been specified in the adjacent special use permit approved by the board of commissioners. Uses for the proposed tract shall conform to requirements of this chapter.

(9) Alternative energy systems. Provisions of sections 14-115 through 14-119 shall apply to all residential areas, and provisions of sections. 14-121 and 14-122 shall apply to all commercial areas.

(m) Public utility-electric, gas and liquid fuel transmission lines.

(1) Submittals. The following information shall be submitted as part of an application for a special use permit for public utilities:

a. A site plan showing all existing and proposed structures within the site of the line, as well as all existing structures within 50 feet of the boundaries of the site.

b. A plan of erosion and sediment controls for the site.

c. Typical cross sections for the installation showing elevation of all structures and existing and proposed topography.

d. Plans and elevations of all proposed structures and descriptions of the color and nature of all exterior materials.

e. Certification by the applicant that it is a public utility and a statement that the proposed installation is necessary to accomplish its public utility function and that public convenience and necessity will be served by the proposed installation.

(2) Standards of evaluation. The following specific standards shall be used in evaluating an application under this section:

a. That adequate provision has been made to protect adjacent property from the dangers of explosion, rupture, collapse, fire or other menaces to public health and safety; and

b. That the public convenience and necessity shall be served by this proposed installation, if installed as proposed.

(n) Public utility stations and substations, water treatment, and sewage treatment plant.

(1) Submittals. The following information shall be submitted as part of an application for a special use permit for public utility stations and substations, water treatment, and sewage treatment plants:

a. A site plan showing all existing or proposed buildings, storage areas, parking and access areas, topography at a contour interval of five feet, and any officially designated floodplains or alluvial soils;

b. Plans and elevations for all proposed structures and descriptions of the color and nature of all exterior materials; and

c. A landscape plan, at the same scale as the site plan showing existing and proposed trees, shrubs, ground cover and other landscape material.

(2) Standards of evaluation. The following standards shall be used in evaluating an application for a special use permit:

a. Where a building is involved and it is proposed to be located in a residentially zoned district, it shall have the appearance suitable for a residential district, or it shall be screened from adjacent residential land.

b. Where buildings are set back from road rights-of-way or from private property lines by a distance of 200 feet screening will not be required.

c. All outside storage areas are fenced and screened from adjacent residentially developed areas.

d. The site is of adequate size for the sewage disposal system proposed and for the proposed use.

(o) Special use permit; wireless communication receiving/transmitting towers (cellular towers).

(1) Purpose and legislative intent. The Telecommunications Act of 1996 affirmed the County of Johnston's authority concerning the placement, construction and modification of wireless telecommunications facilities. North Carolina General Statutes governing the regulation of wireless telecommunication facilities, Chapter 160D, Article 9, Part 3, provide for the safe and efficient integration of facilities necessary for the provision of advanced wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless services to the public, government agencies and first responders, with the intention of furthering the public safety and general welfare.

The County of Johnston finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character and environment of the county and its inhabitants, including but not limited to adjacent and nearby property owners. The county also recognizes that facilitating the development of wireless service technology can be an economic development asset to the county and of significant benefit to the county and its residents. In order to insure that the placement, construction or modification of wireless telecommunications facilities is consistent with the county's land use policies, the county is adopting a single, comprehensive, wireless telecommunications facilities application and permitting process. The intent of this section is to minimize the physical impact of wireless telecommunications facilities on the community, protect the character of the community to the extent reasonably possible, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the county.

(2) Severability.

a. If any word, phrase, sentence, part, section, subsection, or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

b. Any special use permit issued under this section shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the county.

(3) Definitions. For purposes of this section, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory facility or structure means 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.

Amend or amended means any change in an application made subsequent to the submission of the application from that which was originally submitted, regardless of the reason.

Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

Applicant means any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.

Application means all necessary and required documentation that an applicant submits in order to receive a special use permit or a building permit for wireless telecommunications facilities.

Board means the board of commissioners.

Collocation means 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, city utility poles, 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 or wireless support structures.

Commercial impracticability or commercially impracticable means 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 "commercial impracticable" and shall not render an act or the terms of an agreement "commercially impracticable".

Completed application means an application that contains all necessary and required information and/or data necessary to enable an informed decision to be made with respect to an application.

Concealment techniques or concealment technology means a design or treatment that minimizes 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. Concealment techniques could include, but not limited to, alternate structures or alternate landscape designs, access road placement, color, etc. to make the tower less visually obtrusive.

Consultant fee(s) shall be set by the board of commissioners and set forth in the county's schedule of fees.

DAS or distributive access system means a technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas, cabling or fiber optics.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.

Height means, when referring to a tower or structure, 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.

Maintenance means plumbing, electrical or mechanical work that may require a building permit but that does not constitute a modification to the wireless telecommunications facility.

Modification or modify means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a collocation is a modification.

Necessary means what is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service as intended and described in the narrative of the application. Necessary does not mean what may be desired or preferred technically.

NIER means nonionizing electromagnetic radiation.

Person means 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 definition for Wireless telecommunications facilities.

Personal wireless services or PWS or personal telecommunications service or PTS shall have the same meaning as defined and used in the 1996 Telecommunications Act.

Repairs and maintenance means the replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.

Special use permit means the official document or permit by which an applicant is allowed to file for a building permit to construct and use wireless telecommunications facilities as granted or issued by the county.

State means the State of North Carolina.

Streamlined processing means expedited review of certain applications in accordance with applicable state or federal law.

Substantial modification is defined by G.S. 160D-931(19) to include the following parameters:

1. The proposed collocation shall not increase the overall height and width of the tower or support structure to which the proposed collocation infrastructure is to be attached by the greater of (i) more than ten (10%) percent or (ii) the height of an additional antenna array with separation from the next antenna array of not more than 20 feet.

2. The collocation shall not increase the ground space area approved in the communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet.

3. 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 tower that protrudes horizontally from the edge of the tower the greater of (i) more than 20 feet or (ii) more than the width of the tower at the level of the appurtenance.

Telecommunications means 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 definition for "Wireless telecommunications facilities".

Telecommunications Structure means a structure used in the provision of services described in the definition of "Wireless telecommunications facilities".

Temporary means temporary in relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than 90 days.

Tower means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

Wireless telecommunications facilities or facilities means and includes a "telecommunications site" and "personal wireless facility". It means 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, kinds and structures, including, but not limited to, buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the facility. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.

(4) Overall procedure and desired outcomes for approving and issuing permits for wireless telecommunications facilities. In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protect the county's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this section, the county hereby adopts an overall policy with respect to the review, approval and issuance of permits for wireless telecommunications facilities for the express purpose of achieving the following outcomes:

a. Requiring a special use permit for any new wireless telecommunications facility as required or otherwise specified in this section.

b. Implementing an application process for person(s) seeking approval of wireless telecommunications facilities.

c. Establishing a procedure for examining an application and issuing a special use permit and/or building permit for wireless telecommunications facilities that is both fair and consistent.

d. Promoting, and requiring wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers.

e. Requiring, promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner as to minimize the physical and visual impact on the community, including, but not limited to, the use of concealment technology.

f. In approving a wireless telecommunications facility, the county shall find that the facility shall be the most appropriate site in regards to being the least visually intrusive within the subject property.

(5) Exceptions from a special use permit for wireless telecommunications facilities.

a. No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of a wireless telecommunications facility as of the effective date of this section without having first obtained a special use permit for a wireless telecommunications facility as defined in part 4 [subsection (4)], an administratively granted authorization (building permit) as defined in part 8 [subsection (8)], or an administratively granted authorization (building permit) for streamlined processing applications as defined in part 8 [subsection (8)], whichever is applicable. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those noncommercial exceptions noted in part 6 [subsection (6)], unless deemed in the public interest by the county manager.

b. If constructed as required by permit, all legally permitted wireless telecommunications facilities that existed on or before the effective date of this section shall be allowed to continue as they presently exist, provided however, that they are operating as originally permitted and that any modification of an existing wireless telecommunications facility not permitted under this section will require the complete facility and any new installation to comply with the provisions of this Ordinance, as will anything changing the structural load.

c. Any repair and maintenance of a wireless telecommunications facility that does not increase the height of the structure, alter the profile, increase the footprint or otherwise exceed the conditions of the special use permit does not require an application for a special use permit but may require a building permit. However, no additional construction or site modification shall be considered to be repair and maintenance.

(6) Exclusions. The following shall be exempt from this section:

a. Any facilities expressly exempt from the county's siting, building and permitting authority.

b. Any reception or transmission devises expressly exempted under the Telecommunications Act of 1996.

c. Facilities used exclusively for private, noncommercial radio and television reception and private citizen's bands, licensed amateur radio and other similar noncommercial telecommunications.

d. Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g. Wi-Fi and Bluetooth) where the facility does not require a new tower or increase the height of the structure being attached to.

(7) Special use permit application and other requirements for a new wireless telecommunications tower.

a. All applicants for a special use permit for wireless telecommunications facilities, including new towers or support structures or substantial modification shall comply with the requirements set forth in this section. The county board of commissioners (board) is the officially designated agency or body of the county to whom applications for a special use permit for wireless telecommunications facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting or revoking special use permits for wireless telecommunications facilities. The board may at its discretion delegate or designate the county planning board or other official agencies or officials of the county or outside consultants to accept, review, analyze, evaluate and make recommendations to the board with respect to the granting or not granting or revoking special use permits for wireless telecommunications facilities. However, outside consultants shall have no authority to make or change policy for the county.

Placement of wireless telecommunications towers and facilities within major subdivisions or within intended service areas with existing or planned medium to high residential density, or areas identified as potential high density area, must employ concealment techniques.

Note: Medium-density, high-density or potentially high-density residential areas shall be defined as areas shown as primary or secondary growth areas in the county’s adopted comprehensive plan.

b. The applicant shall be notified in writing within 45 days of submission of an application as to the completeness of the wireless telecommunications facility application and any deficiencies. An amended application shall be required to correct any deficiencies.

c. When placing wireless facilities on government-owned property or facilities, only noncommercial wireless carriers and users are exempt from the permitting requirements of this section.

d. The county may deny applications not meeting the requirements stated herein or which are otherwise not complete. In the event the application is denied, the special use permit application fee is not refundable.

e. No wireless telecommunications facilities shall be installed, constructed or modified until the application is reviewed and approved by the board, and the special use permit has been approved and a building permit has been issued.

f. Any and all representations made by the applicant to the board on the record during the application process, whether written or verbal, shall be deemed to have been relied upon in good faith by the county. Any verbal representation shall be treated as if it were made in writing.

g. An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person vested with the authority to bind and commit the applicant to the conditions of the special use permit and the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.

h. The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This requires an executed copy of the lease with the landowner or landlord or a signed letter of agency acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.

i. The applicant shall include a statement in writing:

1. That the applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief by the board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations; and

2. That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the state.

j. Where a certification is called for in this Section, such certification shall bear the signature and seal of a Professional Engineer licensed in the State.

k. In addition to all other required information as stated in this Section, all applications for the construction or installation of new Wireless Telecommunications Facilities or modification of an existing facility shall contain the information hereinafter set forth prior to the issuance of a Building Permit.

Ownership and Management:

1. The name, address and phone number of the person preparing the application;

2. The name, address, and phone number of the property owner and the applicant, including the legal name of the applicant. If the owner of the structure is different than the applicant, the name and all necessary contact information shall be provided;

3. The postal address and tax map parcel number of the property;

4. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;

5. Written acknowledgement that any new telecommunications tower shall be structurally designed to accommodate a minimum of six antenna arrays and shall be managed so as to not restrict, prevent or prohibit competition among carriers, unless the governing body has granted a reduction in the number of antenna arrays for towers below 200'.

6. The applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunications tower that it constructs;

Zoning and Planning:

7. The zoning district or designation in which the property is situated;

8. The size of the property footprint on which the structure to be built or attached is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;

9. The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the application;

10. A site plan showing the footprint and type, location and dimensions of access drive, landscaping and buffers, fencing and any other requirement of site plans;

11. Elevations showing the profile or the vertical rendition of the wireless telecommunications facility identifying proposed attachments and all related fixtures, structures, appurtenances and apparatus, including the height above the pre-existing grade, materials, color and lighting;

12. The azimuth, size and center line height location of all proposed antennas on the supporting structure;

13. Technical information regarding noise and/or sound generated by any generators or other equipment to be used on site, if applicable; if multiple generators are to be used, then the data should show the cumulative impact of noise generated.

Safety:

14. If substantially modifying an existing wireless telecommunications facility:

a. The age of the facility in years, including the date of the grant of the original permit;

b. A description of the type of tower, e.g. guyed, self-supporting lattice or monopole;

15. A Structural Report signed by a Professional Engineer licensed to do business in the State and bearing that engineer's currently valid stamp, showing the structural adequacy of the proposed structure to accommodate the proposed Wireless Telecommunications Facility, including any equipment shelter, unless the equipment shelter is located on the lowest floor of a building;

l. [Compliance with FAA regulations.] The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed wireless telecommunications facility is in compliance with Federal Aviation Administration regulation part 77 and if it requires lighting. This requirement shall also be for any where the application increases the height of the wireless telecommunications facility. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided prior to construction.

m. Application for new wireless telecommunications facility versus collocation. Placement of wireless telecommunications towers and facilities within major subdivisions or within intended service areas with existing or planned medium to high residential density, or areas identified as potential high density areas, must employ concealment techniques.

Note: Medium-density, high-density or potential high-density residential areas shall be defined by planning staff in its discretion.

1. The applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless telecommunications facilities or the use of alternative buildings or other structures within the county that are at or above the surrounding tree height or the tallest obstruction and are within one mile of the proposed tower. Copies of written requests and responses for shared use shall be provided to the county in the application, along with any letters of rejection stating the reason for rejection. The applicant shall provide information necessary to determine whether collocation is reasonably feasible based upon the available space on existing and approved wireless telecommunications facilities.

2. Telecommunications towers shall be prohibited in historic districts or renaissance districts, unless the applicant provides documentation (i.e. clear and convincing evidence) to demonstrate that the telecommunications tower is necessary, that the area cannot be served from outside the district, that no existing or previously approved wireless telecommunications facility can reasonably be used for the antenna placement instead of the construction of a new wireless telecommunications facility or instead of increasing the height of an existing wireless telecommunications facility, and that no alternative wireless telecommunications facility or alternative type of wireless telecommunications facility can be used to provide wireless telecommunications service to the district.

3. An intermodulation study shall be submitted to justify design claims as related to interference. A claim of interference because of a need to have greater than six feet of vertical clearance between facilities, measured from the vertical centerline of one array to the vertical centerline of another, must be proven by technical data showing that there is no technological alternative that would enable the service to be provided that would require less vertical space, and not merely verbal or written assertions.

4. The owner of a proposed new wireless telecommunications facility, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed wireless telecommunications facility by other wireless service providers in the future. Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit.

n. In order to better inform the public, in the case of a new telecommunication tower, the applicant shall conduct a "balloon test" prior to the initial public hearing on the application. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a ten-foot length, a brightly colored balloon at the maximum height of the proposed new tower.

1. At least 14 days prior to the conduct of the balloon test, a sign shall be erected so as to be clearly visible from the road nearest the proposed site and shall be removed no later than 14 days after the conduct of the balloon test. The sign shall be readable from the road by a person with 20/20 vision.

2. Such sign shall be placed off, but as near to, the public right-of-way as is possible.

3. Such sign shall contain the times and date(s) of the balloon test and contact information.

4. The dates, (including a second date, in case of poor visibility or wind in excess of 15 mph on the initial date) times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the county and as agreed to by the county. The applicant shall inform the county in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours between 10:00 a.m. and 2:00 p.m. on the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a week day. A report with pictures from various locations of the balloon shall be provided with the application.

5. The applicant shall notify all property owners and residents located within 500' of the nearest property line of the subject property of the proposed construction of the tower and wireless facility and of the date(s) and time(s) of the balloon test. Such notice shall be provided at least 14 days prior to the conduct of the balloon test and shall be delivered by first class mail.

o. All applications for proposed wireless telecommunications facilities shall contain a demonstration that the facility is sited and designed so as to create the least visual intrusiveness reasonably possible given the facts and circumstances involved, and thereby will have the least adverse visual effect on the environment and its character, on existing vegetation, and on the community in the area of the wireless telecommunications facility. The county expressly reserves the right to require the use of concealment technology or techniques to achieve this goal and such shall be subject to approval by the board.

p. The applicant shall furnish a visual impact assessment, which shall include:

1. A computer-generated "zone of visibility map" at a minimum of one-mile radius from the proposed structure shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage;

2. Pictorial representations (photo simulations) of "before and after" views from key viewpoints inside of the county as may be appropriate and required, including, but not limited to, state highways and other major roads, state and local parks, other public lands, historic districts, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key viewpoints at the preapplication meeting. In addition to photographic simulations to scale showing the visual impact, the applicant shall provide a map showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure;

3. A written description of the visual impact of the proposed facility, including, as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.

q. The Applicant shall demonstrate and provide in writing and by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility.

r. The wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and to harmonize with the natural surroundings. This shall include the utilization of concealment technology as may be required by the county, if the facts and circumstances warrant the use of such technology.

s. All utilities at a wireless telecommunications facility site shall be installed underground if practical and in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

t. At a wireless telecommunications facility site an access road, turnaround space for an emergency vehicle and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

u. All wireless telecommunications facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the county, state, or United States, including, but not limited to, the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.

v. A holder of a special use permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, ordinance, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the county or other governmental entity or agency having jurisdiction over the applicant.

w. There shall be a preapplication meeting for all new tower applications. The purpose of the preapplication meeting will be to address issues that will help to expedite the review and permitting process and certain issues or concerns the county may have. A preapplication meeting may also include a site visit, if there has not been a prior site visit for the requested facility.

x. An applicant shall submit to the county the number of completed applications determined to be needed at the preapplication meeting. However, applications will not be transmitted to the board for consideration until the application is deemed complete.

y. If the proposed site is within two miles of another jurisdiction, written notification of the Application shall be provided to the legislative body of all such adjacent municipalities as applicable and/or requested.

z. The holder of a special use permit shall notify the county of any intended modification of a wireless telecommunication facility and shall apply to the county to modify, relocate or rebuild a wireless telecommunications facility.

aa. A building permit shall not be issued for construction of the wireless telecommunications facility unless there is an FCC authorized or licensed spectrum carrier which has indicated it will be installing equipment to use such spectrum on the wireless telecommunications facility.

(8) Streamlined requirements for an application to collocate on an existing telecommunications facility.

a. The fixed application fee for review of wireless telecommunications facilities applications for collocating an antenna array on an existing wireless telecommunications facility shall be as set forth in the county's schedule of fees.

b. An application to "substantially modify" the parameters of an approved wireless telecommunications facility as relates to conditioned height, profile, number of collocations or footprint shall not qualify for treatment as an attachment to an existing tower or other structure under this section.

c. There shall be no special use permit required for an application to modify or to collocate an antenna array on an existing and properly permitted wireless telecommunications facility so long as the collocation or modification does not exceed the parameters set forth in G.S. 160D-934 and 160D-935. Approval shall result in issuance of a building permit by the appropriate administrative officer.

d. Documentation shall be provided to demonstrate that the applicant has the legal right to proceed as proposed on the site, including an executed copy of the lease with the owner of the facility proposed to be attached to, or a letter of agency, showing the right of the applicant to attach to the structure.

e. The applicant shall include a written statement that:

1. The applicant's proposed wireless telecommunications facility shall be maintained in a safe manner, and in compliance with all conditions of all applicable permits and authorizations, without exception, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations; and

2. The construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.

f. An application for attaching an antenna array under this section shall contain the following information:

1. The name, address and phone number of the person preparing the application;

3. The postal address and tax map parcel number of the property;

4. A copy of the FCC license or other authorization applicable for the intended use of the wireless telecommunications facilities.

Zoning and Planning

5. The zoning district or designation in which the property is situated;

6. For applications that involve expansion of the ground compound, the size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;

a. The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the application;

b. A site plan showing the footprint, location and dimensions of access drives, landscaping and buffers, fencing and any other requirements of site plans;

c. Unless it is deemed inappropriate or unnecessary by the county given the facts and circumstances, the applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively buffer and screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility up to a height of ten feet.

7. Unless already contained in the structural analysis required by Section 8(h), elevations showing the vertical rendition of the wireless telecommunications facility identifying all attachments, and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

g. To protect the nature and character of the area and create the least visually intrusive impact reasonably possible under the facts and circumstances, the antennas shall be mounted on the face, and all such attachments and exposed cabling shall use concealment techniques to match as closely as possible the color and texture of the structure, whenever practical.

h. The applicant shall provide a certification by a professional engineer licensed in the state, along with documentation (a structural analysis), including calculations, that prove that the wireless telecommunications facility and its foundation as proposed to be utilized, including all other existing attachments and reserved future attachments, are designed and were constructed to meet all local, county, state, federal and ANSI EIA/TIA 222 as amended for loads, including wind and ice loads and the placement of any equipment on the roof a building after the addition of the proposed new facilities.

i. All utilities installed for a new wireless telecommunications facility shall be installed underground when practical and in compliance with all Laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

(9) Location of wireless telecommunications facilities.

a. Applicants for all other wireless telecommunications facilities (e.g. distributed antenna systems or buildings) shall locate, site and construct said wireless telecommunications facilities in accordance with the following priorities, in order:

1. On existing wireless telecommunications facilities on county-owned property without substantial modification of the tower or structure.

2. On other existing wireless telecommunications facilities without substantial modification of the tower or structure.

3. On existing County or private property with substantial modification(s).

4. On county-owned properties or facilities.

5. On properties in areas zoned for business use.

6. On properties in areas zoned for rural use.

7. On properties in areas zoned for residential use.

b. If the proposed site is not proposed for the highest priority listed above, then a detailed explanation and justification must be provided as to why a site of all higher priority designations was not selected. Applicants are highly encouraged to work with the county to site new facilities on county-owned property or on existing wireless telecommunications facilities without making substantial modifications.

c. An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected or because there is an existing lease with a landowner.

d. Notwithstanding the above, the county may approve any site located within an area in the above list of priorities, provided that the county finds that the proposed site is in the best interest of the health, safety and welfare of the county and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.

e. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the county may disapprove an application for any of the following reasons:

1. Conflict with safety and safety-related codes and requirements;

2. Conflict with the historic nature or character of a neighborhood or district;

3. The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;

4. The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the county, or employees of the service provider or other service providers;

5. The placement and location of a wireless telecommunications facility would result in a conflict with or compromise in or change the nature or character of the surrounding area;

6. Conflicts with the provisions of this section;

7. Failure to submit a complete application as required under this section.

(10) Type and height of wireless telecommunications facilities.

a. All new towers under 200' in height shall be of the monopole type, unless such is able to be proven to be technologically impracticable.

b. The maximum permitted total height of a new wireless telecommunications facility shall be based on the property's land use designation as identified within the latest adopted version of the Johnston County 2030 Comprehensive Plan. The designation and corresponding maximum height is as follows:

1. Primary Growth Area: Maximum 199'

2. Secondary Growth Area: Maximum 250'

3. Agricultural/Rural Conservation Area: Maximum 300'

(11) Visibility and noise of wireless telecommunications facilities.

a. [Artificial lighting, markings.] Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by federal regulations.

b. Concealment. All new wireless telecommunications facilities shall utilize concealment techniques.

c. Wireless telecommunications facilities finish/color. Structures shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section and subject to FAA requirements.

d. Lighting. If lighting is legally required or proposed, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. For any wireless telecommunications facility for which lighting is required under the FAA's regulations, or that for any reason has lights attached, all such lighting shall be affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level-terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used, as long as the light is able to be seen from the air, as intended by the FAA. If lighting is required by the FAA or other government agency, then such lighting shall be installed pursuant to the FAA or other government agency standards. The applicant shall present the options for selection by the county.

e. [Retrofitting.] In the event a wireless telecommunications facility that is lighted is modified, at the time of the modification the county may require that the tower be retrofitted with the technology set forth in the preceding subsection.

f. [Noise.] All facilities at a wireless telecommunications facility, regardless of the owner of the facilities, shall comply with the county's noise control and abatement regulations, without exception.

g. [Noise-control compliance.] As part of the final inspection prior to the grant of the certificate of completion, the applicant shall demonstrate compliance with the county's noise control and abatement regulations in the presence of a county representative by running all equipment, including any standby or backup electrical generator. Noise levels in decibels shall be taken at all property lines adjacent to the site using standard and general accepted equipment for determining noise levels.

(12) Security of wireless telecommunications facilities. All wireless telecommunications facilities shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:

a. All wireless telecommunications facilities, including antennas, towers and other supporting structures, including guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and

b. Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

(13) Signage. Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration site, as applicable, is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

(14) Setbacks.

a. All proposed telecommunication towers and any other proposed wireless telecommunications facility attachment structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: a distance equal to the height of the proposed tower or other wireless telecommunications facility structure plus ten percent of the height of the telecommunications structure, otherwise known as the fall zone, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located within the footprint as approved in the special use permit and so as to comply with the applicable minimum setback requirements for the property on which it is situated. The fall zone shall be measured from the nearest portion of the right-of-way of any public road or thoroughfare and any occupied building or domicile. Further, the nearest portion of any access road leading to a wireless telecommunications facility shall be no less than 15 feet from the nearest property line.

b. There shall be no development of habitable buildings within the fall zone set forth in the preceding subsection.

(15) Retention of expert assistance cost to be borne by applicant.

a. The county may hire any consultant and/or expert necessary to assist the county in reviewing and evaluating the application for substantial modifications, new towers and collocations, including the construction and modification of the site, once permitted, and any site inspections.

b. To prevent the taxpayers from having to bear the cost related to the issue of the regulation of wireless telecommunications facilities, an applicant shall pay to the county's consultant fee based on the fixed rate set forth in the county's fee schedule. The amount of the fee shall be based on the cost of services provided and what is usual and customary in Johnston County for the review and permitting assistance related to wireless telecommunications towers and facilities to cover all reasonable costs of consultant and expert evaluation and consultation with the county in connection with the submittal, review and permitting of any application, and where applicable, any lease negotiation, preapproval evaluation and including any construction and modification of the site, once permitted. The payment of the application fee to the county shall precede any work being done as regards to processing an application.

c. There shall be three categories of consultant fees, such being:

i) Application assistance and review fee;

ii) Application amendment fee; and

iii) Inspections fees.

Said fees shall be set forth in the county's published schedule of fees and may be adjusted from time to time by the board of commissioners.

d. Records of all outside costs associated with the review and permitting process shall be maintained and available for public inspection, in compliance with applicable North Carolina law.

(16) Procedural requirements for a special use permit.

a. The procedures established for special uses in section 14-254(d) through (o) of this ordinance shall apply where wireless telecommunications facilities require a special use permit as required or otherwise specified in this section.

b. The county shall schedule the required public hearing once it finds the application is complete and is not required to set a date if the application is not complete. The county, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary as such relates to the issue of the siting, construction or modification of a wireless telecommunications facility.

c. A special use permit shall be issued for a wireless telecommunications structure upon board review and approval, but the building permit for said telecommunications structure shall not be issued until an applicant has provided substantiating documentation under the section governing the placement of the first antenna array prior to construction of a new wireless telecommunications facility.

(17) Action on an application for a special use permit for wireless telecommunications facilities.

a. The county will undertake a review of an application pursuant to this article in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution. Notwithstanding the foregoing, the county shall review and take action on any collocation application within 45 days of such application being deemed "complete" in accordance with G.S. 153A-349.53.

b. The county may refer any application or part thereof to any advisory or other committee for a nonbinding recommendation.

c. After the public hearing and after formally considering the application, the county may approve, approve with conditions, or deny a special use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.

d. If the county approves the special use permit for the wireless telecommunications facility, then the applicant shall be notified of such approval in writing within 30 calendar days of the county's action, and the special use permit shall be issued within 30 days after such approval. Except for necessary construction plan documents, building permits, and subsequent certificates of compliance, once a special use permit has been granted hereunder, no additional site plan or zoning approvals, shall be required by the county for the wireless telecommunications facilities covered by the special use permit. Each collocation of an antenna array shall require the submission of a wireless telecommunications facility application and building permit application.

e. If the county denies the special use permit for wireless telecommunications facilities, then the applicant shall be notified of such denial at the board meeting and in writing within 30 calendar days of the board's action and shall set forth in writing the reason or reasons for the denial.

(18) Extent and parameters of special use permit for wireless telecommunications facilities. The extent and parameters of a special use permit for wireless telecommunications facilities shall be as follows:

a. Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification to the county.

b. Following an opportunity to cure and, if not cured within the time frame set forth in the notice of violation, a hearing upon due prior notice to the applicant, such special use permit may be revoked, canceled, or terminated for a violation of the conditions and provisions of the special use permit, or for a material violation of this section or other applicable law, rule or regulation. Notice of a violation and of the date, time and place of a hearing shall be provided by registered mail to the last known address of the holder of the special use permit.

(19) Application fee. At the time that a person submits an application for a special use permit for a new wireless telecommunications facility, such person shall pay a nonrefundable application fee set forth in the county's fee schedule as may be amended or changed from time to time.

(20) Removal and performance security. The Applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the county a bond, or other form of security acceptable to the county as to type of security and the form and manner of execution, in an amount of at least $75,000.00 for a tower and with such sureties as are deemed sufficient by the county to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original special use permit.

(21) Reservation of authority to inspect wireless telecommunications facilities. In order to verify that the holder of a special use permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the county may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings (excluding exteriors) or other structures constructed or located on the permitted site. The county shall set fees, payable to Johnston County, to cover the cost of conducting such post-certificate of occupancy inspections of all facilities (excluding interiors) constructed or modified pursuant to this Section. The set fees shall be set forth in the county's fee schedule. Collocation facilities not subject to a special use permit shall require independent verification of construction in compliance with applicable codes and regulations following completion of installation and the county may engage outside consultants or professional services to perform such inspections.

(22) Liability insurance.

a. A holder of a special use permit for wireless telecommunications structures shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below:

1. Commercial general liability covering personal injuries, death and property damage. $1,000,000.00 per occurrence/$2,000,000.00 aggregate; and

2. Umbrella coverage. $3,000,000.00.

(23) Fines.

a. In the event of a violation of this section or any special use permit issued pursuant to this section, the county may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the county, fines or penalties as set forth in Article IV, section 9 and 10 of this Ordinance.

b. Notwithstanding anything in this section, the holder of the special use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this section or any section of this ordinance. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The county may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the county.

(24) Default and/or revocation. If a wireless telecommunications structure or facility is repaired, rebuilt, placed, and moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special use permit, then the county shall notify the holder of the special use permit in writing of such violation. A permit holder in violation may be considered in default and subject to fines as in section (25) and if a violation is not corrected to the satisfaction of the county in a reasonable period of time the special use permit is subject to revocation.

(25) Removal of wireless telecommunications facilities.

a. Under the following circumstances, the county may determine that the health, safety, and welfare interests of the county warrant and require the removal of wireless telecommunications facilities.

1. Wireless telecommunications facilities with a permit have been abandoned (i.e. not used as wireless telecommunications facilities) for a period exceeding 180 days, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence within 90 days of abandonment;

2. Permitted wireless telecommunications structures or facilities fall into such a state of disrepair that it creates a health or safety hazard;

3. Wireless telecommunications structures or facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization and the special permit may be revoked.

b. If the county makes such a determination as noted in subsection a., then the county shall notify the holder of the special use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed, the county may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

c. The holder of the special use permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the county. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the county.

d. If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the county may order officials or representatives of the county to remove the wireless telecommunications facilities at the sole expense of the owner or special use permit holder.

1. Any county initiated removal of telecommunications facilities shall be subject to all hearing requirements and procedures established in Article XI of this Code.

e. If the county removes, or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within ten days, then the county may take steps to declare the wireless telecommunications facilities abandoned, and sell them and their components.

f. Notwithstanding anything in this section to the contrary, the county may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special use permit, subject to the approval of the county, and an agreement to such plan shall be executed by the holder of the special use permit and the county. If such a plan is not developed, approved and executed within the 90-day time period, then the county may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section and utilize the bond in this section.

(26) Relief. Any applicant desiring relief, waiver or exemption from any aspect or requirement of this section may request such at the preapplication meeting, provided that the relief or exemption is contained in the submitted application for either a special use permit or, in the case of an existing or previously granted special use permit a request for modification of its wireless telecommunications facility and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver, or exemption is solely on the applicant to prove. The applicant shall bear all costs of the county in considering the request and the relief, waiver, or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver, or exemption, the same will have no significant effect on the health, safety, and welfare of the county, its residents, and other service providers.

(27) Adherence to state and/or federal rules and regulations.

a. To the extent that the holder of a special use permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special use permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

b. To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special use permit for wireless telecommunications facilities, then the holder of such a special use permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

(28) Biannual meeting. In order to develop a logical, rational plan of deployment and siting of wireless telecommunications facilities within the county that provides reasonable coverage within the county based on the needs of the county and its residents, while minimizing the number and intrusiveness of the facilities and the most efficient use of wireless telecommunications facilities sites, twice annually within the months of January and June of each calendar year, the county may hold a meeting of all carriers and tower companies who have filed applications the previous year or anyone who has expressed an interest in filing an application to construct a wireless telecommunications facility. The county shall notify each party of the date, time and place of the meeting no later than 30 days prior to the meeting at the last known address of the party and attendance shall be expected. In order to allow the allocation of the county's resources to those applications deemed urgent or critical so that they may be permitted and service provided as expeditiously as is reasonably possible, lack of attendance shall be deemed as evidence of a lack of urgency or any critical need for the facility and subject the party not attending to a longer review process than for those attending. Consideration of applications by those not attending shall be addressed and considered by the planning board twice annually, at dates to be established by the planning board. Exceptions to this policy may be granted by the director of planning based on facts and circumstances deemed sufficient to warrant exception that are shown to be in the interest of the county and its residents.

(29) Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, this section shall apply.

(30) Effective date. This section shall be effective immediately upon passage, pursuant to applicable legal and procedural requirements.

(31) Authority. This section is enacted pursuant to applicable authority granted by the state and federal government.

(q) Residential hotel, dormitory, fraternity, sorority, and religious quarters.

(1) Submittals. The following information shall be submitted as part of an application for a special use permit for residential hotels, dormitories, fraternities, sororities, and religious quarters:

a. A description of the type of facility planned, the number of occupants, and the development schedule;

b. A site plan showing existing and proposed contours, proposed structures on the site, existing and proposed landscaping, existing and proposed parking areas, access points to the site, any officially designated floodplains, and/or other site details must also be shown; and

c. A description of the exterior materials, color and construction details.

(2) Standards of evaluation. The following specific standards shall be used in evaluating an application for a special use permit:

a. The lot shall be of a size adequate for the method of sewage disposal, and other improvements proposed or required;

b. The site plan shall show the boundaries of the site, the distances to the nearest residential structures, access points, parking areas, service area, and location of proposed or existing buildings;

c. A landscape plan shall be drawn to the same scale as the site plan, and should show how the facilities will be screened from adjacent properties, proposed preservation of existing trees, and the location of proposed trees, shrubs, and ground covers;

d. Exterior building elevation plans should demonstrate that the buildings are consistent with and in harmony of the immediate area; and

e. A minimum of 250 square feet of floor area shall be provided for each resident.

(r) Shopping center. The following regulations and requirements shall apply to a shopping center defined for purposes of this article for neighborhood, community, or regional commercial activity centers.

(1) Intent. It is the intent of this subsection to provide for development of such commercial centers in scale with surrounding areas, at locations in conformance with the comprehensive plan and major street plan, in accordance with standards set forth in this section, with commercial service facilities of the kind proposed. It is further the intent to permit the establishment of such shopping centers only where such centers with carefully related buildings, parking and service areas, and landscaped open space will serve clearly demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development, and protect property values in surrounding neighborhoods. It is further intended that the shopping center shall provide a broad range of facilities and services appropriate to the general need of the area served. Note: No billboard sign shall be erected or used on, or within, a shopping center site.

(2) Land area requirements. The minimum land area for a shopping center shall be no less than four acres.

(3) Permitted uses. Permitted principal and accessory uses of land within a shopping center are intended to be built around a department store, a substantial variety store or

a supermarket as the major use, and to provide for the sale of convenience goods, for provision of personal services, and other frequent needs of a trade area.

(4) Design standards. Except as otherwise provided in this chapter, the design standards applicable within a shopping center shall be as established in article VI of this chapter, with the following additions:

a. No shopping center shall be created except where direct access to an arterial or collector street is available, or is made available, at convenient locations at the edge of or within the shopping center.

b. Where a shopping center adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

c. No building permit shall be issued for any building until a detailed site development plan is approved by the board of commissioners.

d. That actual construction shall begin within one year from the date of approval of the development plan, or within such further time stipulated in the approval. The planning board may grant a single extension of the starting time limit for up to 12 months, unless they determine that paramount considerations of health, the general welfare, or public safety require board of commissioners reapproval. The planning director shall determine whether the construction or activity has started.

(s) Sweepstakes/internet gaming facilities.

(1) All new facilities shall be located no closer than 1,000 feet from an existing internet sweepstakes/gaming facility, and no closer than 1,000 feet from a residential dwelling.

The distance shall be measured by straight line from the closest point of the building housing the proposed facility and the building housing the existing facility or dwelling.

(2) Parking shall be required at 1.5 off-street parking spaces per two internet/gaming terminals.

(3) A maximum of 50 terminals allowed within each facility.

(t) Shooting range facilities (outdoor).

(1) Setback from any adjacent occupied structure in different ownership shall be 300 linear feet.

(2) Buffer. A 100 foot wide wooded buffer, consisting primarily of evergreen trees and shrubs shall exist or be planted and maintained between the firing area and all adjacent property. Firing areas that are greater than 1,000 feet away from the nearest adjacent property in different ownership shall provide a 50 foot buffer with the minimum Class C planting requirements as described in Section 6 of the Johnston County Design Manual.

(3) Fencing. Security fencing shall be provided at a minimum height of 6' to prevent an individual from crossing the property downrange with warning signs posted every 100 feet.

(4) Backstop/Berm must be constructed to sufficient height and thickness so as to stop all rounds fired downrange. The NRA Source Book should be used as a guide.

(5) All bullets, shot, or arrows or any other debris shall be contained on the range facility.

(6) The maximum downrange safety area for each range and shooting area shall be essentially fan-shaped, with its vertex being 100 yards each side of the end firing point that meets the MILHDBK-1027/3B or the National Rifle Association Range Manual. The safety area shall not encompass any public right-of-way or other property not owned by the range operator or owner without the express permission of the owner of such other property.

(7) Each facility shall adopt safety rules and regulations with a copy made available to the Planning Department, including qualifications of the instructor(s).

(8) A site plan shall be provided to include the firing stations and firing lines, target areas, shotfall zones or safety fans, backstops, berms and baffles, existing and proposed structures, setback and buffer areas, driveways, and parking facilities as well as all adjacent properties and structures located immediately adjacent to the firing range facility.

(Ord. of 7-10-2000, § 6.7; Amend. of 12-3-2001, § 6.7.12; Amend. of 2-5-2007(2), §§ 1—35; Amend. of 5-54-2008(1); Amend. of 5-3-2010; Amend. of 9-6-2011; Amend. of 7-2- 2012; Amend. of 4-7-2014; Amend of 11-7-2016; Amend. of 3-4-2019; Amend. of 8-3-2020; Amend. of - - )

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