Orange County NC Website
Browse       Search
13 <br />consistent with the provisions of federal law provided in G.S. 160A- 400.50. For purnoses of <br />this Part, public safety includes, without limitation, federal, State, and local safety regulations <br />but does not include requirements relating to radio frequency emissions of wireless facilities. <br />"§ 160A- 400.52. Construction of new wireless support structures or substantial <br />modifications of f4eilities nn wireless support structures. <br />(a) A eity ri, plan f r and tvgttlate t4e siting „a;f;eatioN eles <br />f o of y,ir -eless foe lities <br />(b) Any person that proposes to construct a new wireless su port structure or <br />substantially modify a wireless support structure ^r ,, 4eless f edit., within the planning and <br />land -use jurisdiction of a city must do both of the following: <br />(1) Submit a completed application with the necessary copies and attachments to <br />the appropriate planning authority. <br />(2) Comply with any local ordinances concerning land use and any applicable <br />permitting processes. <br />(c) A city's review of an application for the plaoemefit, io e placement or <br />construction of a new wireless suport structure or substantial modification of a '€less <br />fae l wireless support structure shall only address public safety, land development, or <br />zoning issues. In reviewing an application, the city may not require information on or evaluate <br />an applicant's business decisions about its designed service, customer demand for its service, or <br />quality of its service to or from a particular area or site. A city may not require information that <br />concerns the specific need for the wireless support structure_ including if the service to be <br />wireless capacity. <br />A city may not require proprietary, confidential, or other business <br />information to justify the need for the new wireless suport structure, including <br />�propagation <br />maps and telecommunication traffic studies. In reviewing an application, the city may review <br />the following: <br />(1) <br />Applicable public safety, land use, or zoning issues addressed in its adopted <br />regulations, including aesthetics, landscaping, land -use based location <br />priorities, structural design, setbacks, and fall zones. <br />(2) <br />Information or materials directly related to an identified public safety, land <br />development, or zoning issue including evidence that no existing or <br />previously approved wireless suport structure can reasonably be used for <br />the ^ a-wireless facility placement instead of the construction of a new <br />wireless suport structure, that residential, historic, and designated <br />scenic areas cannot be served from outside the area, or that the proposed <br />height of a new r—wireless suport structure or initial ^ a-wireless <br />facility placement or a proposed height increase of a substantially modified <br />wireless suport structure, or replacement f,wireless suport <br />structure of eelleea is necessary to provide the applicant's designed <br />service. <br />(3) <br />A city may require applicants for new wireless facilities to evaluate the <br />reasonable feasibility of collocating new antennas and equipment on an <br />existing wireless suport structure or structures within the applicant's search <br />ring. Collocation on an existing wireless suport structure is not reasonably <br />feasible if collocation is technically or commercially impractical or the <br />owner of the texisting wireless suport structure is unwilling to enter <br />into a contract for such use at fair market value. Cities may require <br />information necessary to determine whether collocation on existing wireless <br />support structures is reasonably feasible. <br />eelleeation <br />to <br />(4) <br />applieation entitled stream= eeessifig tladetf <br />SL2013 -185 Session Law 2013 -185 Page 3 <br />