Agenda - 11-25-2013 - C2 - Laserfiche WebLink

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47 consistent with the provisions of federal law provided in G.S. 160A-400.50. For purposes of this Part, public safety includes, without limitation, federal, State, and local safety regulations but does not include requirements relating to radio frequency emissions of wireless facilities. "§ 160A-400.52. Construction of new wireless support structures or substantial modifications of f4eilities nn wireless support structures. (a) A eity ri, plan f r and tvgtrkate t4e siting edi eatioN eles eefifefmity ,v�,44 t4is Pat4. Exeept as expt:essly stated, fiet4ifig in this Pat4 shall limit a eity fFem . fFe"e o of v,ir-eless f,,eilities (b) Any person that proposes to construct a new wireless support structure or substantially modify a wireless support structure ^r ,,4eless f edit. within the planning and land-use jurisdiction of a city must do both of the following: (1) Submit a completed application with the necessary copies and attachments to the appropriate planning authority. (2) Comply with any local ordinances concerning land use and any applicable permitting processes. (c) A city's review of an application for the plaeemefi placement or construction of a new wireless support structure or substantial modification of a '€less faei wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, the city may not require information on or evaluate an applicant's business decisions about its designed service, customer demand for its service, or quality of its service to or from a particular area or site. A city may not require information that concerns the specific need for the wireless support structure, including if the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. A city may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including�propagation maps and telecommunication traffic studies. In reviewing an application, the city may review the following: (1) Applicable public safety, land use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones. (2) Information or materials directly related to an identified public safety, land development, or zoning issue including evidence that no existing or previously approved wireless support structure can reasonably be used for the ^ a-wireless facility placement instead of the construction of a new wireless support structure, that residential, historic, and designated scenic areas cannot be served from outside the area, or that the proposed height of a new tower—wireless support structure or initial ^ a-wireless facility placement or a proposed height increase of a substantially modified wireless support structure, or replacement wireless support structure et: eelleea is necessary to provide the applicant's designed service. (3) A city may require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the texisting wireless support structure is unwilling to enter into a contract for such use at fair market value. Cities may require information necessary to determine whether collocation on existing wireless support structures is reasonably feasible. (4) eelleeatien applieation entitled to stt:eamlifi ee�.mig tmdetf G.S. 160A 400.53 shall be deemed eemplete tmiess the eity pt:eviddes fietiee in v�,Fitifig to SL2013-185 Session Law 2013-185 1 `� �'