51
<br /> 8a Water tower. — A water storage tank, a standpipe, or an elevated tank
<br /> situated on a support structure originally constructed for use as a reservoir or
<br /> facility to store or deliver water.
<br /> (9) Wireless facility. — The set of equipment and network components, exclusive
<br /> of the underlying wireless support structure or tower, including antennas,
<br /> transmitters, receivers, rfs--base stations, power supplies, cabling, and
<br /> associated equipment necessary to provide wireless data and wireless
<br /> telecommunications services to a discrete geographic area.
<br /> (10) Wireless support structure. — A new or existing structure, such as a
<br /> monopole, lattice tower, or guyed tower that is designed to support or
<br /> capable of supporting wireless facilities. A utility pole is not a wireless
<br /> support structure.
<br /> 153A-349.51A. Local authority.
<br /> A county may plan for and regulate the siting or modification of wireless support structures
<br /> and wireless facilities in accordance with land development regulations and in conformity with
<br /> this Part. Except as expressly stated, nothing in this Part shall limit a county from regulating_
<br /> applications to construct, modify, or maintain wireless support structures, or construct, modify,
<br /> maintain, or collocate wireless facilities on a wireless support structure based on consideration
<br /> of land use, public safety, and zoning considerations, including aesthetics, landscaping-,
<br /> structural design, setbacks, and fall zones, or State and local building code requirements,
<br /> consistent with the provisions of federal law provided in G.S. 153A-349.50. For purposes 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 /> "§ 153A-349.52. Construction of new wireless support structures or substantial
<br /> modifications of aff- hies fin wireless support structures.
<br /> .
<br /> fFe"e o of v,ir-eless f,,eilities
<br /> (b) Any person that proposes to construct a new wireless support structure or
<br /> substantially modify a wireless support structure ^r ,,4eless f edit. within the planning and
<br /> land-use jurisdiction of a county 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 county's review of an application for the plaeemefit lacement or
<br /> construction of a new wireless support structure or substantial modification of a '€less
<br /> faei wireless support structure shall only address public safety, land development, or
<br /> zoning issues. In reviewing an application, the county may not require information on or
<br /> evaluate an applicant's business decisions about its designed service, customer demand for its
<br /> service, or quality of its service to or from a particular area or site. A county may not require
<br /> information that concerns the specific need for the wireless support structure, including if the
<br /> service to be provided from the wireless support structure is to add additional wireless coverage
<br /> or additional wireless capacity. A county may not require proprietary, confidential, or other
<br /> business information to justify the need for the new wireless support structure, including
<br /> propagation maps and telecommunication traffic studies. In reviewing an application the county
<br /> may review the following:
<br /> (1) 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) Information or materials directly related to an identified public safety, land
<br /> development or zoning issue including evidence that no existing or
<br /> SL2013-185 Session Law 2013-185 1 `� �'
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