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§ 154.097 TREES; SHRUBS; SCREENING.
   (A)   Understory trees:
      (1)   American Hornbeam;
      (2)   Eastern Redbud;
      (3)   Flowering Dogwood;
      (4)   Washington Hawthorn;
      (5)   Russian Olive;
      (6)   Mountain Silverbell;
      (7)   American Holly;
      (8)   Golden Rain Tree;
      (9)   Grape Myrtle;
      (10)   Sourwood;
      (11)   Carolina Cherry-Laurel;
      (12)   Kousa Dogwood;
      (13)   Fringe Tree;
      (14)   Star Magnolia;
      (15)   Sweet Bay Magnolia;
      (16)   Stewartia;
      (17)   Amelandier; and
      (18)   Styrax.
   (B)   Evergreen trees:
      (1)   Deodar Cedar;
      (2)   Southern Magnolia;
      (3)   Carolina Hemlock;
      (4)   Cryptomeria;
      (5)   Red Cedar; and
      (6)   Leyland Cypress.
   (C)   Canopy trees:
      (1)   Sugar Maple;
      (2)   Norway Maple;
      (3)   Red Maple Variety;
      (4)   Ginko (male);
      (5)   Honeylocust;
      (6)   Chinese Elm;
      (7)   Eastern Red Oak;
      (8)   Willow Oak;
      (9)   Scarlet Oak;
      (10)   Laurel Oak;
      (11)   River Birch;
      (12)   Zelkova;
      (13)   Bradford Pear; and
      (14)   Clevland Pear.
   (D)   Scrubs for evergreen screening:
      (1)   Glossy Abelia;
      (2)   Wintergreen Barberry;
      (3)   Dwarf Horned Holly;
      (4)   Convexa Japanese Holly;
      (5)   India Hawthorn;
      (6)   Azaleas and Rhododendrons;
      (7)   Japanese Yew;
      (8)   Compacta Holly;
      (9)   Southern Wax Myrtle;
      (10)   Thorny Elaeagnus;
      (11)   Burford Holly;
      (12)   Yaupon Holly;
      (13)   Japanese Privet;
      (14)   Fortune Tea Olive;
      (15)   Red Photinia;
      (16)   Laurentinus Virburnum;
      (17)   Northern Bayberry;
      (18)   Gold Thread Cypress;
      (19)   Crippsii Cypress;
      (20)   Virburnum Chindo; and
      (21)   Mahonia Bealei.
   (E)   Buffer shrubs:
      (1)   Japanese Barberry;
      (2)   Border Forsythia;
      (3)   Vernal Witch Hazel;
      (4)   Common Witch Hazel;
      (5)   Pfitzer Juniper;
      (6)   Parsori Juniper;
      (7)   Cotoneaster;
      (8)   Drooping Leucothoe;
      (9)   Winter Honeysuckle;
      (10)   Juddi Viburnum;
      (11)   Doublefile Virburnum;
      (12)   Carlesi Virburnum;
      (13)   Helleri Holly;
      (14)   Butterfly Bush;
      (15)   Nandina Domestica; and
      (16)   Inkberry Holly.
(1981 Code, Article 500, Appendix A) (Ord. passed 6-28-2004)
§ 154.098 SOLAR FARM(S) LOCATED IN I AND IP DISTRICTS.
   (A)   Intent. This section is intended to provide the opportunity for solar energy to serve as a viable form of energy generation while protecting public health, safety and general welfare.
   (B)   General requirements. The following provisions shall apply to solar farms in industrial zoning districts:
      (1)   All structures and equipment associated with solar farms shall observe setbacks specified by § 154.066.
      (2)   Front yard landscaping that meets the requirements of § 154.086 is required.
      (3)   (a)   Buffering/screening shall be installed as prescribed by the requirements of a Group 1 use in the Buffering and Screening Matrix of § 154.082.
         (b)   Exception. No buffering is required for portions of the zoning lot in which structure(s), solar collectors/equipment, and parking associated with the solar farm are 100 feet or more from the zoning lot boundary. On all other portions of the zoning lot in which these features are less than 100 feet from the zoning lot boundary, buffer/screen requirements shall apply.
   (C)   Electric solar energy components shall have a UL listing and be designed with anti-reflective coating(s).
(Ord. passed 7-6-2015)
DEVELOPMENT STANDARDS FOR WIRELESS COMMUNICATION FACILITIES
§ 154.110 PURPOSE.
   (A)   The regulations in this chapter shall provide specific areas throughout the town for the installation, construction, attachment and alteration of facilities to accommodate wireless communication facilities; provide the criteria for evaluating the proposed activities; and provide a procedure for their approval.
   (B)   The town recognizes that the Town of Liberty desires to encourage the orderly development of wireless communication technologies for the benefit of the town and its citizens.
   (C)   As a matter of public policy the town aims to encourage the delivery of new wireless technologies throughout the town while controlling the proliferation of communication towers. Development activities will promote and protect the health, safety, prosperity and general welfare of persons living in the Town of Liberty.
   (D)   Specifically, the wireless communication facility development standards are designated to achieve the following:
      (1)   Provide a range of locations for wireless communication facilities throughout the jurisdiction of the town;
      (2)   Encourage the location of wireless communication facilities onto existing structures to reduce the number of new communication towers needed within the jurisdiction of the Town of Liberty;
      (3)   Encourage collocation and site sharing of new and existing wireless communication facilities;
      (4)   Control the type of tower facility constructed when towers are permitted;
      (5)   Establish adequate development and design criteria to enhance the ability of providers of telecommunication services to provide service to the community quickly, effectively and efficiently;
      (6)   Protect residential, historic preservation areas and scenic corridors from the uncontrolled development of wireless communications facilities by requiring reasonable siting conditions;
      (7)   Promote the use of suitable lands for the location of wireless antennae, towers and/or wireless communication facilities;
      (8)   Ensure the harmonious, orderly and efficient growth and development of wireless communication facilities within the jurisdiction of the town;
      (9)   Provide development standards for the development of wireless communication facilities which are consistent with the requirements of the Federal Telecommunications Act of 1996 and in the best interest of the Town of Liberty;
      (10)   Provide clear performance standards addressing the siting of wireless communication facilities; and
      (11)   Streamline and expedite the permitting procedures to effect compliance with the Federal Telecommunications Act of 1996.
(1981 Code, § 501A) (Ord. passed 6-28-2004)
§ 154.111 USES NOT COVERED BY THIS SUBCHAPTER.
   (A)   Nothing in this chapter shall reduce any of the permitted uses within the Town of Liberty. Nothing in the subchapter shall affect the right of a property owner to use or develop their property.
   (B)   Nothing in this chapter shall affect the right of a property owner to continue any legal nonconforming use.
(1981 Code, § 502A) (Ord. passed 6-28-2004)
§ 154.112 INTERPRETATION AND DEFINITIONS.
   (A)   To the extent this chapter conflicts with other subchapters of this chapter or any other ordinance of the Town of Liberty, this chapter shall control.
   (B)   For the purposes of this chapter certain words, phrases and terms used herein shall be interpreted as stated. The Zoning Administrator shall define any word, phase or term not defined herein. The interpretation shall be based upon its common and ordinary usage in the region.
   (C)   For the purpose of this chapter, all definitions defined herein are in addition to all definitions in the Town of Liberty Zoning Chapter.
      ANTENNA ARRAY.
         (a)   One or more rods, panels, disc or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disk).
         (b)   The ANTENNA ARRAY does not include the support structure.
      ATTACHED WIRELESS COMMUNICATION FACILITY. An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or devise (attachment devise) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
      COLLOCATION/SITE SHARING. Use of a common wireless communication facility or common site by more that 1 wireless communication license holder or by 1 wireless license holder for more than 1 type of communications technology and/or placement of an antenna array on a structure owned or operated by a utility or other public entity.
      EQUIPMENT FACILITY. An equipment facility is any structure used to contain ancillary equipment for a wireless communication facility, which includes cabinets, shelters, a build out of an existing structure, pedestals and other similar structures.
      FEDERAL AVIATION ADMINISTRATION. FAA.
      FEDERAL COMMUNICATIONS COMMISSION. FCC.
      FEDERAL TELECOMMUNICATIONS ACT OF 1996. FTA.
      HEIGHT. When referring to a wireless communication facility, the vertical distance measured from the base of the tower to the highest point on the wireless communication facility, including the antenna array and other attachments.
      SETBACK. The required distance from the property line of the parcel on which the wireless communication facility is located to the bas of the support structure and equipment shelter or cabinet where applicable, or, in the case of guy-wire supports, the guy anchors.
      SUPPORT STRUCTURE.
         (a)   A structure designed and constructed specifically to support an antenna array, and may include a monopole, self supporting (lattice) tower, guy-wire support tower and other similar structures.
         (b)   Any device (attachment device) which is used to attach an attached wireless communication facility to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.
      TEMPORARY WIRELESS COMMUNICATION FACILITY. A wireless communication facility to be placed in use for 90 or fewer days.
      TOWER and ANTENNA USE APPLICATION (TAA). A form provided to the applicant by the town for the applicant to specify the location, construction, use and compliance with the development standards of a proposed wireless communications facility.
      WIRELESS COMMUNICATIONS. Any personal wireless services as defined in the Federal Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including, cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist.
      WIRELESS COMMUNICATION FACILITY. Any un-staffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility and a support structure to achieve the necessary elevation.
(1981 Code, § 503A) (Ord. passed 6-28-2004)
§ 154.113 PREFERRED LOCATIONS FOR WIRELESS COMMUNICATION FACILITIES AND APPLICABILITY.
   The following wireless communication facilities may be allowed within the Town of Liberty as follows.
   (A)   Antenna attachments onto an existing support structure or onto an attached wireless communication facility shall be permitted by administrative approval subject to the development criteria of § 154.114 below.
   (B)   All lands identified in the following table, whether they be for antenna attachments or new wireless communication facilities with support structures, shall be permitted by administrative approval subject to the development criteria of § 154.114 below, and the following table.
Site Number
Field Site Name
Site Size
Recommended Wireless Communications Facility Use
Site Number
Field Site Name
Site Size
Recommended Wireless Communications Facility Use
NC-0393
Town Hall and library
1.0 acre
80-foot monopole/flag pole
NC-0395
New water tank
210 feet
Attachments
NC-0397
Well site #4
200 by 200 feet
150-foot monopole
NC-0399
Police station
4.0 acres
150-foot monopole (new 911)
NC-0400
Well site #8
200 by 200 feet
190-foot monopole
NC-0402
Water tank #1
199 feet
Attachments
NC-0409
Water tank (burlington)
200 feet
Attachments
NC-0410
Waste treatment plant
329 acres
300-foot guyed tower
NC-0411
Well site # 10
125 by 125 feet
190-foot monopole
NC-0412
Sewer lift station
100 by 100 feet
170-foot monopole
21
New sewer lift station
-
190 foot monopole
 
(1981 Code, § 610, Article 600, Table 600-2) (Ord. passed 6-28-2004)
   (C)   New wireless communication facilities with support structures shall only be permitted on all other lands not identified in the table in division (B) by means of approval of a special use permit. Prior to applying for a special use permit, the applicant shall provide the town with adequate information to establish that lands included in division (A) or (B) above can be made suitable for wireless communications facility locations.
   (D)   No person, firm or corporation shall install or construct any wireless communications facility unless and until a tower antenna use application (TAA) has been issued pursuant to the requirements of this chapter.
   (E)   Wireless communications facilities for which a permit has been issued prior to the effective date of this chapter shall be considered as a non-conforming use.
   (F)   This chapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. Installations shall comply with any other applicable provisions of this chapter.
   (G)   Any wireless communications facility located or proposed to be located in airport area governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state and federal airport regulations.
   (H)   Construction of all wireless communication facilities shall comply with the requirements of the North Carolina State Building Codes and permitting process in addition to the requirements of this chapter.
(1981 Code, § 504A) (Ord. passed 6-28-2004)
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