§ 153A-349.52. Construction of wireless facilities and wireless support structures. - North Carolina Statutes

§ 153A‑349.52. Construction of wireless facilities and wireless support structures.

(a)        A county may planfor and regulate the siting or modification of wireless support structures andwireless facilities in accordance with land development regulations and inconformity with this Part. Except as expressly stated, nothing in this Partshall limit a county from regulating applications to construct, modify, ormaintain wireless support structures, or construct, modify, maintain, orcollocate wireless facilities on a wireless support structure based onconsideration of land use, public safety, and zoning considerations, includingaesthetics, landscaping, structural design, setbacks, and fall zones, or Stateand local building code requirements, consistent with the provisions of federallaw provided in G.S. 153A‑349.50. For purposes of this Part, publicsafety shall not include requirements relating to radio frequency emissions ofwireless facilities.

(b)        Any person thatproposes to construct or modify a wireless support structure or wirelessfacility within the planning and land‑use jurisdiction of a county mustdo both of the following:

(1)        Submit a completedapplication with the necessary copies and attachments to the appropriateplanning authority.

(2)        Comply with anylocal ordinances concerning land use and any applicable permitting processes.

(c)        A county's reviewof an application for the placement, construction, or modification of awireless facility or wireless support structure shall only address public safety,land development, or zoning issues. In reviewing an application, the county maynot require information on or evaluate an applicant's business decisions aboutits designed service, customer demand for its service, or quality of itsservice to or from a particular area or site. In reviewing an application thecounty may review the following:

(1)        Applicable publicsafety, 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 ormaterials directly related to an identified public safety, land development orzoning issue including evidence that no existing or previously approvedstructure can reasonably be used for the antenna placement instead of theconstruction of a new tower, that residential, historic, and designated scenicareas cannot be served from outside the area, or that the proposed height of anew tower or initial antenna placement or a proposed height increase of amodified tower, replacement tower, or collocation is necessary to provide theapplicant's designed service.

(3)        A county may requireapplicants for new wireless facilities to evaluate the reasonable feasibilityof collocating new antennas and equipment on an existing structure orstructures within the applicant's search ring. Collocation on an existingstructure is not reasonably feasible if collocation is technically orcommercially impractical or the owner of the tower is unwilling to enter into acontract for such use at fair market value. Counties may require informationnecessary to determine whether collocation on existing structures is reasonablyfeasible.

(d)        A collocationapplication entitled to streamlined processing under G.S. 153A‑349.53shall be deemed complete unless the city provides notice in writing to theapplicant within 45 days of submission or within some other mutually agreedupon timeframe. The notice shall identify the deficiencies in the applicationwhich, if cured, would make the application complete. The application shall bedeemed complete on resubmission if the additional materials cure thedeficiencies identified.

(e)        The county shallissue a written decision approving or denying an application within 45 days inthe case of collocation applications entitled to streamlined processing underG.S. 153A‑349.53 and within a reasonable period of time consistent withthe issuance of other land‑use permits in the case of other applications,each as measured from the time the application is deemed complete.

(f)         A county may fixand charge an application fee, consulting fee, or other fee associated with thesubmission, review, processing, and approval of an application to site ormodify wireless support structures or wireless facilities that is based on thecosts of the services provided and does not exceed what is usual and customaryfor such services. Any charges or fees assessed by a county on account of anoutside consultant shall be fixed in advance and incorporated into a permit orapplication fee and shall be based on the reasonable costs to be incurred bythe county in connection with the regulatory review authorized under thissection. The foregoing does not prohibit a county from imposing additionalreasonable and cost based fees for costs incurred should an applicant amend itsapplication. On request, the amount of the consultant charges incorporated intothe permit or application fee shall be separately identified and disclosed tothe applicant.

(g)        The county maycondition approval of an application for a new wireless support structure onthe provision of documentation prior to the issuance of a building permitestablishing the existence of one or more parties, including the owner of thewireless support structure, who intend to locate wireless facilities on thewireless support structure. A county shall not deny an initial land‑useor zoning permit based on such documentation. A county may condition a permiton a requirement to construct facilities within a reasonable period of time,which shall be no less than 24 months.

(h)        The county may notrequire the placement of wireless support structures or wireless facilities oncounty owned or leased property, but may develop a process to encourage theplacement of wireless support structures or facilities on county owned orleased property, including an expedited approval process.

(i)         This section shallnot be construed to limit the provisions or requirements of any historicdistrict or landmark regulation adopted pursuant to Part 3C of this Article. (2007‑526, s. 2.)