Orange County NC Website
Page 6 Session Law 2013-185 SL2013-185 <br />Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), and in accordance with the rules <br />promulgated by the Federal Communications Commission. <br />"§ 153A-349.51. Definitions. <br />The following definitions apply in this Part: <br />(1) Antenna. – Communications equipment that transmits, receives, or transmits <br />and receives electromagnetic radio signals used in the provision of all types <br />of wireless communications services. <br />(2a) Base station. – A station at a specific site authorized to communicate with <br />mobile stations, generally consisting of radio receivers, antennas, coaxial <br />cables, power supplies, and other associated electronics. <br />(2) Application. – A formal request submitted to the county to construct or <br />modify a wireless support structure or a wireless facility. <br />(3) Building permit. – An official administrative authorization issued by the <br />county prior to beginning construction consistent with the provisions of <br />G.S. 153A-357. <br />(4) Collocation. – The placement or installation of wireless facilities on existing <br />structures, including electrical transmission towers, water towers, buildings, <br />and other structures capable of structurally supporting the attachment of <br />wireless facilities in compliance with applicable codes.The installation of <br />new wireless facilities on previously-approved structures, including towers, <br />buildings, utility poles, and water tanks. <br />(4a) Eligible facilities request. – A request for modification of an existing <br />wireless tower or base station that involves collocation of new transmission <br />equipment or replacement of transmission equipment but does not include a <br />substantial modification. <br />(5) Equipment compound. – An area surrounding or near the base of a wireless <br />support structure within which a wireless facility is located.Equipment <br />enclosure. – An enclosed structure, cabinet, or shelter used to contain radio <br />or other equipment necessary for the transmission or reception of wireless <br />communication signals. <br />(5a) Fall zone. – The area in which a wireless support structure may be expected <br />to fall in the event of a structural failure, as measured by engineering <br />standards. <br />(6) Land development regulation. – Any ordinance enacted pursuant to this Part. <br />(7) Search ring. – The area within which a wireless support facility or wireless <br />facility must be located in order to meet service objectives of the wireless <br />service provider using the wireless facility or wireless support structure. <br />(7a) Substantial modification. – The mounting of a proposed wireless facility on <br />a wireless support structure that substantially changes the physical <br />dimensions of the support structure. A mounting is presumed to be a <br />substantial modification if it meets any one or more of the criteria listed <br />below. The burden is on the local government to demonstrate that a <br />mounting that does not meet the listed criteria constitutes a substantial <br />change to the physical dimensions of the wireless support structure. <br />a. Increasing the existing vertical height of the structure by the greater <br />of (i) more than ten percent (10%) or (ii) the height of one additional <br />antenna array with separation from the nearest existing antenna not to <br />exceed 20 feet. <br />b. Except where necessary to shelter the antenna from inclement <br />weather or to connect the antenna to the tower via cable, adding an <br />appurtenance to the body of a wireless support structure that <br />protrudes horizontally from the edge of the wireless support structure <br />the greater of (i) more than 20 feet or (ii) more than the width of the <br />wireless support structure at the level of the appurtenance. <br />c. Increasing the square footage of the existing equipment compound <br />by more than 2,500 square feet. <br />(8) Utility pole. – A structure that is designed for and used to carry lines, cables, <br />or wires for telephone, cable television, or electricity, or to provide lighting. <br />13