(A) The applicant for a conditional use permit for a telecommunication tower shall bear the burden of demonstrating by substantial evidence in a written record that a bona tide need exists for the proposed telecommunication tower and that no reasonable combination of locations, techniques or technologies will obviate the need for, or mitigate the height or visual impact of, the proposed telecommunication tower. Notwithstanding, in evaluating applications or locations for wireless telecommunication facilities, information regarding an applicant's business decisions about designed service including customer demand for its service or quality of its service to or from a particular area or site, shall not be considered or required by the town as provided in G.S. § 160A-400.52(c).
(B) The applicant for a conditional use permit for a telecommunication tower shall be required to notify by regular mail all property owners within a one-quarter mile (1,320 feet) radius of the proposed location of any public hearing on the application at least ten days prior to the hearing.
(C) In order to better inform the public, in the case of a new telecommunication tower, the applicant shall prior to the public hearing on the application, hold a “balloon test” as follows: Applicant shall arrange to fly, or raise upon a temporary mast, a minimum three-foot diameter brightly colored balloon at the maximum height of the proposed new tower. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised, by the applicant, at seven and 14 days in advance of the first test date in a newspaper with a general circulation in town. The applicant shall inform the Zoning Board of Adjustment, in writing, of the dates and times of the test, at least 14 days in advance. Notice of the dates and times of such tests shall be mailed by the applicant to all property owners within a one-quarter mile (1,320 feet) radius of the proposed location at least ten days prior to the primary test date. The balloon shall be flown for at least eight consecutive hours sometime between 7:00 a.m. and 4:00 p.m. of 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.
(D) If due to topography, existing vegetative canopy, or other local conditions, the Zoning Board of Adjustment determines that a tower disguised as a coniferous tree is a preferable aesthetic alternative to a simulated lighting tower, it may require such camouflage treatment as a condition of approval.
(E) It is the policy of the town to encourage co-location and the use of existing structures where appropriate. In furtherance of that policy objective, a conditional use permit for a telecommunication tower shall not be approved unless the tower is designed structurally, electrically, mechanically in all respects to accommodate at least one additional user. An application shall not be deemed complete until the applicant submits a letter of intent agreeing to make all of its wireless telecommunication facilities (including existing facilities) within the town available to providers of functionally equivalent services at commercially reasonable rates. Pursuant to G.S. § 160A-400.53, certain collocation applications are entitled to streamlined processing. Qualifying applications will be deemed complete unless the town provides notice in writing to the applicant within 45 days of submission or within some other mutually agreed upon timeframe. Furthermore, the town may require information necessary to determine whether collocation is reasonably feasible in certain instances, per G.S. § 160A-400.52(c).
(F) No wireless telecommunication facility shall interfere with usual and customary radio and television reception excepting broadcast facilities as provided for in the regulations of the FCC.
(G) All telecommunication towers must comply with FCC and FAA regulations.
(H) A copy of the applicant’s FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the town in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.
(I) As part of its application, each applicant for a telecommunication tower shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility within 180 days of the abandonment or cessation of operations of the facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the Town of Spencer for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. The applicant will be required to execute and file with the town a bond, or other form of security acceptable to the town as to type of security and the form and manner of execution, in an amount equal to 150% of the cost to remove the proposed facility, the amount of such cost to be certified by a qualified, licensed North Carolina engineer, to assure the faithful performance of the terms and conditions of this article and conditions of any conditional use permit issued pursuant to this section. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied.
(J) All telecommunication towers shall comply with FAA lighting requirements. In addition, in a specific instance, the town may impose lighting requirements for a tower that is not required by FAA regulations to be lit.
(K) Except as otherwise provided herein, minimum setbacks for telecommunication towers shall be based upon the underlying zoning district:
(1) The minimum setbacks in areas bordering residential zoning districts shall be the height of the tower plus ten feet.
(2) The minimum setback in all other zones shall be the height of the tower.
(3) All cell towers must be at least 500 feet from any residential property boundary line.
(4) The Zoning Board of Adjustment may reduce the setback requirement upon a showing by the applicant that there are special physical circumstances or conditions affecting the proposed site such that the strict application of the setback requirement would not allow the most effective use of the proposed site to minimize the visual impact of the wireless telecommunication facility.
(L) Telecommunication towers shall be buffered from adjacent properties with a buffer which meets the requirements of § 155.073(15)(b). The project review committee may require additional buffering, if required, to minimize the impact of the tower.
(M) In cases where an applicant is required to perform an environmental assessment (EA) or an environmental impact statement (EIS) under the National Environmental Policy Act or the National Historic Preservation Act, such EA or EIS shall be submitted as part of its application for a conditional use permit. An application for a conditional use permit will not be deemed complete until any required EA or EIS has been submitted to the town.
(N) Telecommunication towers shall not be constructed unless the company erecting the tower has general liability coverage of at least $1,000,000. The owner of a telecommunication tower shall provide the town with a certificate of insurance showing evidence of its coverage and the certificate shall contain a requirement that the insurance company notify the town 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.
(O) Telecommunication towers shall be designed to meet the following standards if reasonably feasible under G. S. § 160A-400.52(c) and G.S. § 160A-400.53:
(1) Towers and antennae shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment. The Zoning Board of Adjustment may condition approval on the use of specific concealment techniques where it determines that doing so is necessary or desirable.
(2) Guyed towers are prohibited. Commercial wireless telecommunication towers shall be of a monopole design unless the Zoning Board of Adjustment determines that an alternative design would better blend in to the surrounding environment.
(3) Use of dual-polarized antennae which electronically combine the functions of transmit and receive antennae (rather than spatial diversity antenna arrays which rely on antennae being physically separated), dual-band/multi-band antennae (allowing two or more providers of different types of commercial wireless services to share a common antenna), and use of combiners (allowing antenna sharing by providers using the same frequency band) are encouraged.
(4) Antennae shall be mounted on telecommunication towers so as to present the smallest possible silhouette, profile, or cross-section. Preferred antenna mounting scenarios are, in order of descending preference:
(a) Compact dual-polarized antennae in a cylindrical unicell arrangement extending no more than two feet from the sides of the supporting structure and mounted atop the tower;
(b) Panel antennae flush-mounted against the tower;
(c) Antennae mounted at the end of straight or curved davit arms or brackets extending from the sides of the tower.
(5) No telecommunication tower shall have constructed thereon, or attached thereto in any way, any platform, catwalk, crow's nest, triangular framework, or like structures or equipment, except during periods of construction or repair. Curved or straight davit arms or brackets used for antenna mounting shall be connected to the tower at the base of the arms or brackets only and such arms or brackets (and any antennae or hardware mounted thereon) shall not be physically interconnected with any similar arm or bracket.
(6) All equipment enclosures and other improvements accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. No equipment enclosure may exceed 12 feet in height. Ground mounted equipment shall be screened from view with a buffer as described in § 155.073(15)(b) of this chapter.
(7) Telecommunication towers, equipment enclosures and other improvements shall be enclosed within a security fence consisting of chain link fencing at least eight feet in height. The fence may be topped with barbed wire. The Zoning Board of Adjustment may require as a condition of approval that the fencing be screened by appropriate landscaping or other means. The Zoning Board of Adjustment may waive or modify the fencing requirement if it determines that doing so will enhance the overall appearance of the facility without any compromise in safety or security.
(8) Telecommunication towers shall have a flat gray or galvanized finish unless the Zoning Board of Adjustment determines another color scheme would be a preferable aesthetic alternative.
(9) No two telecommunication towers shall he constructed within 1,320 feet of each other unless documentation is provided to the Zoning Board of Adjustment to show that co-location on towers within the 1,320 feet is not technically feasible.
(10) No telecommunication tower shall be permitted which exceeds 100 feet in height.
(11) Signage at any telecommunication tower site shall conform to the following provisions:
(a) A sign listing the name of the wireless telecommunication service provider operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site so as to be readily visible to persons outside the site’s security fencing.
(b) Equipment hazard warning and informational signs are permitted.
(c) The posting of any other signs or advertising is prohibited at any wireless telecommunication facility or upon any telecommunication tower.
(12) An access road and parking area shall be provided to assure adequate emergency and service access. Use of existing roads, public or private, shall be of first priority before new road construction is started.
(13) The Zoning Board of Adjustment may require any additional conditions deemed necessary to ameliorate the impact of the tower on the adjacent properties and uses. Such conditions shall include, but are not limited to: the height of the tower; the construction or type of tower; lighting; and co-location of the antennae and facilities of different parties on a single tower.
(14) At the time that an applicant submits an application for a conditional use permit for a new telecommunications tower, such person shall pay a nonrefundable wireless telecommunications tower facility application fee to the town that is concurrent with the town’s adopted schedule of fees.
(15) If the application seeks to locate additional antennae on an existing wireless telecommunications facility, then the application fee shall be one that is concurrent with the town’s adopted schedule of fees.
(16) No application fee is required in order to recertify a conditional use permit, unless material modifications have been made since issuance of the existing conditional use permit.
(17) An annual wireless telecommunications facility permit shall be required for each wireless telecommunication facility located in the town. Before a permit shall be issued or renewed an applicant or permittee must certify that:
(a) It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the permittee is not an FCC licensee, that the license of each of its FCC tenants is in good standing.
(b) The wireless telecommunications facility continues to be operated by the permittee and that it has a continued need for the facility to meet the requirements of its FCC license.
(c) That the facility continues to comply with all FCC and FAA rules and regulations and all conditions of its conditional use permit.
(d) That the permittee currently has general liability insurance of at least $1,000,000 in force covering the wireless telecommunications facility as evidenced by a certificate of insurance attached to its renewal application.
(e) That it is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.
(f) That it has not constructed, maintained, modified or operated any wireless telecommunications facilities in the town without the town’s approval.
(Ord. 07-01, passed 3-13-07; Am. Ord. 07-09, passed 11-13-07)