|
SL2013-185 Session Law 2013-185 Page 3
<br />consistent with the provisions of federal law provided in G.S. 160A-400.50. 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 />"§ 160A-400.52. Construction of new wireless support structures or substantial
<br />modifications of facilities and wireless support structures.
<br />(a) A city may plan for and regulate the siting or modification of wireless support
<br />structures and wireless facilities in accordance with land development regulations and in
<br />conformity with this Part. Except as expressly stated, nothing in this Part shall limit a city from
<br />regulating applications to construct, modify, or maintain wireless support structures, or
<br />construct, modify, maintain, or collocate wireless facilities on a wireless support structure
<br />based on consideration of land use, public safety, and zoning considerations, including
<br />aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building
<br />code requirements, consistent with the provisions of federal law provided in G.S. 160A-400.50.
<br />For purposes of this Part, public safety shall not include requirements relating to radio
<br />frequency emissions of wireless facilities.
<br />(b) Any person that proposes to construct a new wireless support structure or
<br />substantially modify a wireless support structure or wireless facility 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 placement, construction,placement or
<br />construction of a new wireless support structure or substantial modification of a wireless
<br />facility or 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 />provided from the wireless support structure is to add additional wireless coverage or additional
<br />wireless capacity. A city may not require proprietary, confidential, or other business
<br />information to justify the need for the new wireless support structure, including propagation
<br />maps and telecommunication traffic studies. In reviewing an application, the city may review
<br />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 />previously approved wireless support structure can reasonably be used for
<br />the antenna wireless facility placement instead of the construction of a new
<br />tower,wireless support 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 tower wireless support structure or initial antenna wireless
<br />facility placement or a proposed height increase of a substantially modified
<br />tower,wireless support structure, or replacement tower,wireless support
<br />structure or collocation is necessary to provide the applicant's designed
<br />service.
<br />(3) 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 support structure or structures within the applicant's search
<br />ring. Collocation on an existing wireless support structure is not reasonably
<br />feasible if collocation is technically or commercially impractical or the
<br />owner of the tower existing wireless support 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 />(d) A collocation application entitled to streamlined processing under
<br />G.S. 160A-400.53 shall be deemed complete unless the city provides notice in writing to the
<br />10
|