(A) Applicability. This subchapter shall apply to small wireless facilities in the town rights-of-way. Nothing in this subchapter shall be interpreted to excuse compliance with or to be in lieu of any other requirement of state or local law except as specifically provided herein. Without limitation, the provisions of this subchapter do not permit placement of small wireless facilities on privately-owned utility poles or wireless support structures or on private property without the consent of the property owner or any person who has an interest in the property.
(B) Compliance exemption. Unless expressly set forth herein, the following categories of small wireless facilities are exempt from the requirements of this subchapter:
(1) Routine maintenance of small wireless facilities, the replacement of small wireless facilities with small wireless facilities that are the same size or smaller, or installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles or town utility poles in compliance with applicable codes by or for a communications service provider authorized to occupy the town rights-of-way and who is remitting taxes under G.S. § 105-164.4(a)(4c) or G.S. § 105-164.4(a)(6); and
(2) A temporary small wireless facility, upon the declaration of a state of emergency by federal, state, or local government and a written determination of public necessity by the town; except, such facility must comply with all federal and state requirements and must be removed at the conclusion of the emergency.
(Prior Code, § 24-5) (Ord. 02-19, passed 4-11-2019)
Statutory reference:
Related provisions, see G.S. §§ 105-164.4(a)(4c) and 105-164.4(a)(6)