Orange County NC Website
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 `� �' <br />