A. Applicability. The placement of small wireless facilities (including micro wireless facilities) in all cases are subject to the standards of this UDO and require a zoning permit, per Section 3.4.20: Zoning Permit.
B. Standards. A small wireless facility shall meet all of the standards below:
1. The small wireless facility shall not extend more than ten (10) feet above the highest point of the vertical structure;
2. Any antenna shall be capable of fitting in an enclosure a maximum of six (6) cubic feet;
3. Associated equipment for a small wireless facility shall maintain a maximum volume of twenty-eight (28) cubic feet;
4. The small wireless facility shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation or law;
5. The small wireless facility shall comply with any applicable FCC emissions standards;
6. The small wireless facility shall comply with any applicable local building codes in terms of design, construction and installation; and
7. The small wireless facility shall not contain any commercial advertising.
C. City Utility Poles. If small wireless facilities are installed on City utility poles, the City shall not enter into an exclusive agreement or arrangement with any person for the right to attach equipment to City utility poles. Any rates or fees for collocations on City utility poles must be nondiscriminatory regardless of the services provided.
D. Right-of-Way Use Permit. If a small wireless facility is placed within the public right-of-way, in addition to a zoning permit, a right of way permit shall be required. The City may deny a right-of-way use permit for a small wireless facility if the proposed facility:
1. Interferes with the safe operation of traffic control equipment;
2. Interferes with sight visibility lines for transportation or pedestrians;
3. Interferes with compliance of the Americans with Disabilities Actor similar federal or state mandated provisions regarding pedestrian access of movement; or
4. Fails to comply with applicable standards of this UDO and Standard Specification and Detail Manual.
E. Application Review Criteria.
a. Applications for small wireless facilities shall be processed and reviewed within forty-five (45) days from the date an application is considered to be complete. The applicant and City may mutually agree to a longer review period.
b. Construction of any approved small wireless facility shall commence within six (6) months of its approval date. The small wireless facility shall be activated for use within one (1) year from the right-of-way use permit issuance date.
c. City approval is not required for routine maintenance, replacement of existing small wireless facilities which are substantially similar, or installation or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles.
F. Abandonment.
a. As authorized by G.S. § 160D-935(g), whenever a small wireless facility ceases to be in active operation for more than one-hundred-eighty (180) days, it shall be considered abandoned and removed by the wireless provider.
a. For purposes of this subsection, a small wireless facility shall be deemed abandoned at the earlier of the date that the wireless provider indicates that it is abandoning such facility or the date that is one-hundred-eighty (180) days after the date that such facility ceases to transmit a signal, unless the wireless provider gives the City reasonable evidence that it is diligently working to place such facility back in service.
b. The City Council may grant a one-time extension equal to one-hundred-eighty (180) days whenever it finds that such an extension will not compromise the public health, safety, or welfare and that such extension is not solely for the purpose of delaying the cost of removing the small wireless facilities.
b. The wireless provider shall be responsible for the removal of a small wireless facility.
c. Whenever a small wireless facility is abandoned, the wireless provider shall notify the City’s Planning and Development Department within thirty (30) days following abandonment.
d. Should the wireless provider fail to timely remove the abandoned small wireless facility, the City may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless provider.