(A) Persons adding or modifying wireless communications facilities in a PROW shall apply for an encroachment permit at least 30 days prior to initiating work.
(B) To facilitate the application process and to mitigate application-related costs for applicants, depending upon the scope of the proposed work and its impact, both visual and physical as determined by the Public Works Department, applications for small/micro wireless facilities may be submitted in groups of up to 25 facilities in a single application.
(C) No taxpayer subsidization: taxpayers may not directly or indirectly subsidize an applicant's costs.
(D) Maximum permitted height:(1) on wireless support structures, utility poles and town utility poles, the maximum permitted height is 50 feet above ground level; (2) small wireless facilities may extend ten feet above the height of the utility pole, town utility pole or wireless support facility on which they are collocated; (3) In the R1 or R2 Residential zoning districts, and in areas where the existing utilities are installed underground, the maximum height is 40 feet above ground level; and (4) On blocks where decorative light or utility poles are installed, collocations may only occur on decorative poles if feasible. New poles shall be of the same design and materials as the decorative poles (see § 99.16 for information on encroachment on town utility poles).
(E) Absent a showing by clear and convincing evidence of the need for a greater lateral distance between poles or other support structures in the PROW, the minimum lateral distance between poles or other support structures as measured in any direction shall be 100 feet. This minimum lateral distance shall not be applicable to poles or support structures that support lines or cables crossing a street.
(F) Compliance with NESC and NEC: all electronic attachments to poles or other structures in the PROW shall always follow the edition of the National Electrical Safety Code (NESC) and the National Electrical Code (NEC) in effect at the later of a) the time the facility was constructed; or b) the time of the last modification of equipment on the pole or other support structure; or c) the edition in effect at the time of the current application.
(G) Service date: applicants shall attest that small wireless facilities be activated and placed in service no later than one year from the date the permit is issued.
(H) Abandonment.
(1) Wireless service providers are required to remove an abandoned wireless facility with 180 days of abandonment. Should the wireless services provider fail to timely remove the abandoned facility, the town 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 service provider. For purposes of this division, a wireless facility shall be deemed abandoned at the earlier of the date that the wireless service provider indicates that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless service provider giver the town reasonable evidence that it is diligently working to place such wireless facility back service.
(2) This section applies to rights-of-way controlled by the N.C. Dept. of Transportation.
(Ord. 1816, passed 8-13-20)