HCo cell tower amended regs_CityScape_8.29.132.7 Communications Tower Permit
Permit (Level I)
The permit issued by the Administrator as designated by this Ordinance, to an individual, corporation, partnership, or other entity to
engage in the creation of amateur radio tower.
Permit (Level II)
The permit issued by the Administrator as designated by this Ordinance to an individual, corporation, partnership,
or other entity to engage in co-location, attached antennas, antenna element replacements, tower mitigation, or new concealed towers, excluding amateur radio towers.
Permit (Level III)
The conditional use permit issued by the Administrator (after evidentiary hearing and approval by the Board of Adjustment) as designated by this Ordinance, to an individual, corporation,
partnership, or other entity to engage in the creation of new towers, excluding amateur radio towers.
Permit (Level IV)
The conditional use permit issued by the Administrator (after
evidentiary hearing and approval by the Board of Adjustment) as designated by this Ordinance, to an individual, corporation, partnership, or other entity to engage in the creation of
new towers, specifically broadcast facilities.
Permit Level Requirements Table
PERMIT LEVEL
ISSUED BY
PERMIT TYPE
USE
I
Administrator
P
Amateur radio no greater than 50 feet
in height
II
Administrator
P
Co-location, attached antennas, replacement and mitigation, and new concealed towers
III
BOA
C
New non-concealed towers
IV
BOA
C
Broadcast
facilities
Note: P- Permitted by Right C- Permitted Conditionally BOA- Board of Adjustment
Supplemental Review
The County reserves the right to require a supplemental review for
any Permit (Level I, II, III, or IV) subject to the following:
Where due to the complexity of the methodology or analysis required to review an application for a Permit (Level I, II,
III or IV) facility, the County may require the applicant to pay for a technical review by a third party expert, the costs of which shall be borne by the applicant and be in addition
to other applicable fees. Schedules of current fees are listed in the Harnett County Fee Schedule.
Based on the results of the expert review, the approving authority may require changes
to the applicant’s application or submittals.
The supplemental review may address any or all of the following:
The accuracy and completeness of the application and any accompanying
documentation.
The applicability of analysis techniques and methodologies.
The validity of conclusions reached.
Whether the proposed communications facility complies with the applicable approval criteria set forth in these codes.
Other items deemed by the County
to be relevant to determining whether a proposed communications facility complies with the provisions of these codes.
Communications Tower (Microwave, TV, Telephone, Radio, & Cellular)
Exempt
Facilities
The following items are exempt from the provisions of this Section; notwithstanding any other provisions of this Ordinance:
Any tower less than 50 feet in height or communications
towers existing or permitted prior to the adoption of this Ordinance.
Satellite earth stations that are one (1) meter (39.37 inches) or less in diameter in all residential zoning districts
and two (2) meters or less in all other zoning districts.
A government-owned communications facility, upon the declaration of a state of emergency by Federal, State, or local government,
and a written determination of public necessity by the County designee; except that such facility shall comply with all Federal and State requirements. No communications facility shall
be exempt from the provisions of this division beyond the duration of the state of emergency.
A government-owned communications facility erected for the purposes of installing antenna(s)
and ancillary equipment necessary to provide communications for public health and safety.
A temporary, commercial communications facility, upon the declaration of a state of emergency
by Federal, State, or local government, or determination of public necessity by the County and approved by the County; except that such facility shall comply with all Federal and State
requirements. The communications facility may be exempt from the provisions of this division up to three (3) months after the duration of the state of emergency.
A temporary, commercial
communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the County, except that such facility
shall comply with all Federal and State requirements. Said communications facility may be exempt from the provisions of this division up to one (1) week after the duration of the special
event.
General Provisions
Application of this Section
This Section shall apply to the development activities including installation, construction, or modification of all antenna and
tower facilities including but not limited to:
Non-commercial, amateur radio station antennas
Existing towers
Proposed towers
Public towers
Mitigation of towers
Co-location on existing towers
Attached wireless communications facilities
Concealed wireless communications facilities
Non-concealed towers
Broadcast facilities
Abandonment (Discontinued
Use)
Towers, antennas, and the equipment compound shall be removed, at the owner’s expense, within 180 days of cessation of use, unless the abandonment is associated with mitigation
as provided in Subsections “Minimum Mitigation Accomplishments” and “Mitigation Requirements” of this Section, in which case the removal shall occur within 90 days of cessation of use.
An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The County may extend the time for removal or reactivation
up to 60 additional days upon a showing of good cause. If the tower or antenna is not removed within this time, the County may give notice that it will contract for removal within 30
days following written notice to the owner. Thereafter, the County may cause removal of the tower with costs being borne by the owner.
Upon removal of the tower, antenna, and equipment
compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the
surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.
Interference with Public Safety Communications
In order to facilitate
the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of
the FCC, each owner of an antenna, antenna array or applicant for a co-location shall agree in a written statement to the following:
Compliance with Good Engineering Practices, as defined
by the FCC in its rules and regulations.
Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical
standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements
relating to radio frequency interference (RFI).
In the case of an application for co-located telecommunications facilities, the applicant, together with the owner of the subject site,
shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant’s proposed facilities will not cause radio frequency interference
with the County’s public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference.
When
ever the County has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one
or more antenna arrays, the following steps shall be taken:
The County shall provide notification to all wireless service providers operating in
the County of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate
with the County and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety Best Practices
Guide, released by the FCC, including the Good Engineering Practices, as may be amended or revised by the FCC from time to time.
If any equipment owner fails to cooperate with the County
in complying with the owner’s obligations under this section or if the FCC makes a determination of radio frequency interference with the County public safety communications equipment,
the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing
the County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the County to determine the source
of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in Best Practices Guide within 24
hours of County’s notification.
Antennas, Towers, & Associated Equipment
Building Code Requirements
Towers shall be constructed and maintained in conformance with all applicable building
code requirements.
Locating Alternatives Order
Locating Alternatives Order of New Antenna Array & New Towers
Locating of a new antenna array and new tower shall be in accordance with
the following preferred locating alternatives order. Location on publicly-owned property shall be preferred over location on non publicly-owned property for each locating alternative.
Concealed attached antenna
Co-located or combined antenna on existing tower
Non-concealed attached antenna
Mitigation of existing tower
Concealed freestanding tower
Non-concealed freestanding
tower
Locating Alternatives Order of Attached, Co-located, & Combined Antenna
For attached, co-located, or combined antenna, the order of ranking preference, highest to lowest, shall
follow the same ranking as provided in items “a.” through “d.” of “Locating Alternatives Order of New Antenna & New Towers” Section above. Where a lower ranked alternative is proposed,
the applicant shall file relevant information as required including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere
to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed communications
facility.
Locating Alternatives Order of Mitigation & Freestanding Towers
Where a mitigated or freestanding tower is permitted the order of ranking preference from highest to lowest shall follow
the same ranking as provided in items “d.” through “f.” “Locating Alternatives Order of New Antenna Array & New Towers” Section above. Where a lower ranked alternative is proposed,
the applicant shall file relevant information as required and demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed
communications facility, and the existing land uses of the subject and surrounding properties within 300 feet of the subject property.
Facility Use Regulations & Required Permits
New
antennas and towers shall be permitted in Harnett County according to the table below.
Zoning
District
Concealed Attached Antenna
Co-located or Combining on Existing Tower
Non-concealed
Attached Antenna*
Mitigation of Existing Tower
Concealed Freestanding Tower
Non-Concealed Freestanding Tower
Antenna Element Replacement
RA-40
Level II
Level II
Level II
Level
II & III
Level II
Level II
RA-30
Level II
Level II
Level II
Level II & III
Level II
Level II
RA-20M
Level II
Level II
Level II
Level II & III
Level II
Level
II
RA-20R
Level II
Level II
Level II
Level II & III
Level II
Level II
IND
Level II
Level II
Level II
Level II & III
Level II
Level III & IV
Level II
LI
Level
II
Level II
Level II
Level II & III
Level II
Level III & IV
Level II
COMM
Level II
Level II
Level II
Level II & III
Level II
Level III & IV
Level II
CONS
Level II
Level
II
Level II
Level II & III
Level II
Level III
Level II
O&I
Level II
Level II
Level II
Level II & III
Level II
Level II
HCO/MCO
Level II
Level II
Level II
Level
II & III
Level II
Level II
HEIGHT CONTROL ORDINANCE
Level II
Level II
Level II
Level II & III
Level II
Level II
Note: Level I towers are permitted in all zoning districts.
*Non-con
cealed attached antennas are only allowed on transmission towers and light stanchions.
Permit (Level I) Amateur Radio Towers
Application Requirements
All Permit (Level I) applications
shall contain the following:
Completion of the “Communications Tower Permit Application”
Application Fee
Site Plan
Valid FCC amateur operator’s license
Tower Height
Tower height and
location shall comply with Federal and State law. Towers shall not exceed 199 feet unless FCC approval is demonstrated.
Setbacks
A distance equal to the height of the tower shall separate new amateur radio towers from all structures not located on the same parcel as the tower, property lines, right-of-way
lines and/or easements. Any relocation of amateur radio towers shall remain on same parcel and shall comply with stated setback requirements, or, if compliance is not possible, the relocation
shall not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower.
Permit (Level II)
Co-location, Combination, Attachment, Antenna Element Replacement, Replacement Towers, & Concealed Towers
Application Requirements
All Permit (Level II) applications shall contain the
following:
Completion of the “Communications Tower Permit Application”
Application Fee
Site Plan
Co-location & Combination
Harnett County requires co-location and combining of antennas
on existing communications towers as a first priority where co-location is possible. Any person, corporation, partnership, or other entity which intends to co-locate on an existing communications
tower within the jurisdiction of this Ordinance shall obtain a Permit (Level II). Co-locations are subject to the following:
A co-located or combined antenna or antenna array shall
not exceed the maximum height prescribed in the conditional use permit (if applicable) or increase the height of an existing tower by more than 20 feet and shall not affect any tower
lighting.
New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas
will not meet the network objectives of the desired coverage area.
The equipment cabinet shall be subject to the setback requirements of the underlying zoning district.
When a co-located
or combined antenna is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.
Applications entitled to the streamlined
processes described in Section 153A-349.53, North Carolina General Statutes, shall meet all the following requirements:
The additional antenna array, transmission lines, and related
ancillary equipment including the base station do not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete
conformance with the original conditions imposed on the tower upon which it is being attached.
The proposed co-location shall not increase the existing vertical height of the tower
by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feetthe overall
height and width of the tower or support structure to which the proposed infrastructure is to be attached.
The co-location shall not increase the ground space area approved in the
communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet.
The existing tower on which the co-location will attach shall comply
with applicable regulations, restrictions, and/or conditions, if any, applied to the initial wireless facilities placed on the tower.
The proposed additional co-location and tower shall
comply with all federal, state, and local safety requirements.
The proposed co-location and ancillary equipment shall not exceed the applicable weight limits for the tower.
g.
Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, the proposed co-location shall not add an appurtenance to the body
of a tower or wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width
of the wireless support structure at the level of the appurtenance.
Concealed & Non-concealed Attachment
Antennas may be mounted onto a structure which is not primarily constructed
for the purpose of holding attachment antennas but on which one (1) or more antennas may be mounted. Any person, corporation, partnership, or other entity which intends to place an antenna
on an alternative structure within the jurisdiction of this Ordinance shall obtain a Permit (Level II). Attached antenna shall be subject to the following:
The top of the attached antenna
shall not be more than 20 feet above the existing or proposed building or structure
Non-concealed attachments shall only be allowed on electrical transmission towers and existing light
stanchions subject to approval by the Planning Department and utility company.
When an attached antenna is to be located on a nonconforming building or structure, the existing permitted
nonconforming setback shall prevail.
Except for non-concealed attached antennas, feed lines and antennas shall be designed to architecturally match the façade, roof, wall, and/or structure
on which they are affixed so that they blend with the existing structural design, color, and texture.
Antenna Element Replacement
For any replacement of an existing antenna element on
an antenna, the applicant shall, prior to making such modifications, submit the following:
A written statement setting forth the reasons for the modification.
A description of the proposed
modifications to the antenna, including modifications to antenna element design, type and number, as well as changes in the number and/or size of any feed lines, from the base of the
equipment cabinet to such antenna elements.
A signed statement from a qualified person, together with their qualifications, shall be included representing the tower’s owner or owner’s
agent that the radio frequency emissions comply with FCC standards for such emissions. The statement shall also certify that both individually and cumulatively, and with any other facilities
located on or immediately adjacent to the proposed facility, the replacement antenna complies
with FCC standards.
A stamped or sealed structural analysis of the existing structure prepared by a Professional North Carolina Land Surveyor or Engineer indicating that the existing
tower as well as all existing and proposed appurtenances meet the North Carolina State Building Code requirements, including wind loading, for the tower.
Minimum Mitigation Accomplishments
Mitigation
shall accomplish a minimum of one (1) of the following:
Reduce the number of towers
Reduce the number of nonconforming towers
Replace an existing tower with a new tower to improve network
functionality resulting in compliance with this Ordinance.
Mitigation Requirements
Mitigation is subject to the following:
No tower shall be mitigated more than one (1) time.
Height:
Level II and Level III
Level II
The height of a tower approved for mitigation shall not exceed 115 percent (115%) of the height of the tallest tower that is being mitigated. (For example,
a 250 foot existing tower could be rebuilt at 287.5 feet)
Level III
The height of a tower may exceed 115 percent (115%) of the height of the tallest tower that is being mitigated approved
for mitigation with undisputable evidence that the new tower will eliminate the need for an additional antenna array within a distance of two (2) miles. Under no circumstance shall
any mitigated tower exceed a height of 300 feet.
Setbacks
A new tower approved for mitigation of an existing tower shall not be required to meet new setback standards so long as the
new tower and its equipment compound are no closer to any property lines or dwelling units as the tower and equipment compound being mitigated. The intent is to encourage the mitigation
process, not penalize the tower owner for the change out of the old facility. (For example, if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks
as the tower being removed, even if the old tower had nonconforming setbacks.)
Breakpoint Technology
A newly mitigated monopole or lattice tower shall use breakpoint technology in the
design of the replacement facility.
Buffers
At the time of mitigation, the tower equipment compound shall be brought into compliance with any applicable buffer requirements.
Visibility
Mitigated
antenna-supporting structures shall be configured and located in a manner
that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings
on the same and adjacent zoned lots.
Concealed Towers
Application Requirements
All new communications towers intended to replace an existing tower where the new tower meets the following
requirements:
Completion of the “Communications Tower Permit Application”
Application Fee
Site Plan
Determination of Need
No new or mitigated freestanding tower shall be permitted unless
the applicant demonstrates that no existing tower can accommodate the applicant’s proposed use; or that use of such existing facilities would prohibit personal wireless services in the
geographic search area to be served by the proposed tower.
Height
New concealed towers shall be limited to 199 feet or less in height. In HCO zones the maximum height shall be 125
feet. Height calculations shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.
Setbacks
New
freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology:
If the tower has been constructed using breakpoint design technology
(see Article “Definitions & Certifications” Section “Communications Tower Definitions & Acronyms”), the minimum setback distance shall be equal to 110 percent (110%) of the distance
from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a Professional North Carolina
Land Surveyor or Engineer of the breakpoint design and the design’s fall radius shall be provided together with the other information required herein from an applicant. (For example,
on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint)
plus the minimum side or rear yard setback requirements for that zoning district.)
If the tower is not constructed using breakpoint design technology, the minimum setback distance shall
be equal to the height of the proposed tower.
Equipment Cabinets
Cabinets shall not be visible from pedestrian and right-of-way views. Cabinets may be provided within the principal building,
behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
Fencing
All equipment compounds shall be enclosed with an opaque fence or masonry
wall in
residential zoning districts, and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the site
plan approval process described in “Buffers” Section below.
Signage
Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
The
only signage that is permitted upon a tower, equipment cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well
as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
If more than 220 voltage is necessary for
the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast
letters, minimum height of each letter four (4) inches, the following: “HIGH VOLTAGE - DANGER.”
Name plate signage shall be provided, in an easily visible location, including the address
and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
Lighting
Lighting on towers shall
not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following.
Any lighting required by the FAA shall be of the minimum
intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited
unless required by the FAA.
Lights shall be oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
Equipment Compound
The
fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound
shall not be used as habitable space.
Visibility
New towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape
and adjacent properties.
New freestanding towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height,
scale, color, and texture.
A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower. The applicant
shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed tower, and within 50 horizontal feet of the center of the proposed
tower.
The applicant shall meet the following for the required balloon test:
Applicant shall inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.
The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven (7)
but no more than 14 days in advance of the test date.
The balloon shall be flown for at least four (4) consecutive hours during daylight hours on the date chosen. The applicant shall
record the weather during the balloon test.
Re-advertisement will not be required if inclement weather occurs.
New antenna mounts shall be flush-mounted, unless it is demonstrated through
RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
In residential zoning districts, new towers shall only be permitted
on lots whose principal use is not single-family residential, including schools, churches, synagogues, fire stations, parks, and other public property.
Towers shall be constructed to
accommodate antenna arrays as follows:
All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no less than four (4) antenna arrays.
All
towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five (5) antenna arrays.
All towers between 151 feet and taller shall be engineered
and constructed to accommodate no less than six (6) antenna arrays.
Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
Permit (Level
III) New Non-concealed Towers
Application Requirements
All Permit (Level III) applications shall contain the following:
Completion of the “Communications Tower Permit Application”
Application
Fee
Site Plan
Determination of Need
No new or mitigated freestanding tower shall be permitted unless the applicant demonstrates that no existing tower can accommodate the applicant’s
proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
Height
Height calculations
shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas. It is intended that all new non-broadcasting
towers be 199 feet or less in height. However, should a tower be required in excess of 200 feet, under no circumstance shall any tower exceed 300
feet. All new towers in excess of 199 feet shall be subject to the following additional requirements:
Undisputable evidence that the antenna service area will be so substantially compromised
that there would be a requirement of additional antenna array within a distance of two (2) miles.
The tower shall be designed to allow for a future reduction of elevation to no more
than 199 feet, or the replacement of the tower with a monopole type structure at such time as the wireless network had developed to the point that such heights can be justified.
In
HCO and MCO Zoning Districts the maximum height shall be 125 feet.
Setbacks
New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint
technology:
If the tower is constructed using breakpoint design technology (see Article “Definitions & Certifications” Section “Communications Tower Definitions & Acronyms”), the minimum
setback distance shall be equal to 110 percent (110%) of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements,
whichever is greater. Certification by a registered Professional North Carolina Engineer of the breakpoint design and the design’s fall radius shall be provided together with the other
information required herein from an applicant. (For example, on a 100 foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20
feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district.)
If the tower is not constructed
using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower.
Equipment Cabinets
Cabinets shall not be visible from pedestrian
and right-of-way views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
Fencing
All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts, and in any zoning district when the equipment compound adjoins
a public right(s)-of-way.
Signage
Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
The only signage that is
permitted upon a tower, equipment cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible
for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
If more than 220 voltage is necessary for the operation of the facility
and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of
each letter four (4) inches, the following: “HIGH VOLTAGE - DANGER.”
Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction,
including property manager signs as applicable.
Lighting
Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be
subject to the following.
Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by
the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA.
Lights shall be oriented so as not to project directly onto surrounding
property or rights-of-way consistent with FAA requirements.
Equipment Compound
The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials.
No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
Visibility
New towers shall be configured and located in
a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.
New freestanding towers shall be designed to match adjacent structures
and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.
A balloon test shall be required subsequent to the receipt of the
photo simulations in order to demonstrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum
height of the proposed tower, and within 50 horizontal feet of the center of the proposed tower.
The applicant shall meet the following for the required balloon test:
Applicant shall
inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.
The date,
time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven (7) but no more
than 14 days in advance of the test date.
The balloon shall be flown for at least four (4) consecutive hours during daylight hours on the date chosen. The applicant shall record the
weather during the balloon test.
Re-advertisement will not be required if inclement weather occurs.
New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation
analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
Towers shall be constructed to accommodate antenna arrays as follows:
All freestanding
towers up to 120 feet in height shall be engineered and constructed
to accommodate no less than four (4) antenna arrays.
All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five (5) antenna arrays.
All towers between 151 feet and taller shall be engineered and constructed to accommodate no less than six (6) antenna arrays.
Grading shall be minimized and limited only to the area
necessary for the new tower and equipment.
Freestanding non-concealed tower shall be limited to monopole type towers, unless the applicant demonstrates that such design is not feasible
to accommodate the intended uses.
Permit (Level IV) Broadcast Facilities
Application
All new broadcast towers shall meet the following requirements:
Completion of the “Communications
Tower Permit Application”
Application Fee
Site Plan
Determination of Need
No new broadcast facilities shall be permitted unless the applicant demonstrates that no existing broadcast
tower can accommodate the applicant’s proposed use.
Height
Height for broadcast facilities shall be evaluated on a case by case basis. The determination of height contained in the applicant's
FCC Form 351/352 Construction Permit or application for Construction Permit and an FAA Determination of No Hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower
height required for such broadcast facilities.
Setbacks
New broadcast facilities and anchors shall be subject to the setbacks described below:
Minimum of 500 feet from any single-family
dwelling unit on same lot
Minimum of one (1) foot for every one (1) feet of tower height from all adjacent lots of record.
Equipment Cabinets
Except for AM broadcast facilities, cabinets
shall not be visible from pedestrian and right-of-way views.
Fencing
All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing
fence compliant with applicable FCC regulations.
Buffer
AM broadcast facilities shall be exempt from the buffer requirements of this Ordinance.
Signage
Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
The only signage that is permitted upon a tower, equipment
cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance
of the facility, and any additional security and/or safety signs as applicable.
If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid
or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four (4) inches, the
following: “HIGH VOLTAGE - DANGER.”
Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event
of an emergency or equipment malfunction, including property manager signs as applicable.
Lighting
Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum
standards. All other lighting shall be subject to the following.
Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest
duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA.
Lights shall be oriented so
as not to project directly onto surrounding property, consistent with FAA requirements.
Any security lighting for on-ground facilities and equipment shall be in compliance with dark
sky lighting standards as approved by the County.
Equipment Compound
The fenced in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor
storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
Visibility
Grading shall be minimized and limited only to the area necessary
for the new tower and equipment.
Application Requirements
Requirements for Co-location & Attachment
A signed statement from the tower owner or owner’s agent agreeing to allow the co-location
of other wireless equipment on the proposed tower, if the structure is designed or capable of additional wireless equipment.
Compliance with American National Standards Institute (ANSI)
standards for electromagnetic radiation: In order to protect the public from excessive exposure to electromagnetic radiation, the facility applicant shall certify through a written statement
that the facility meets or exceeds current ANSI standards as adopted by the FCC.
Certification furnished by a registered Professional North Carolina Engineer that the structure has sufficient
structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.
One (1) original and two (2) copies of a survey of the property completed by a Professional North Carolina Engineer showing all existing uses, structures, and improvements.
Any applicant
for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection, including but not
limited to federal regulations regarding adjacent channel receiver (blanket) overload and intermodulation distortion.
Streamlined process for co-location approvals are subject to the
following:
A co-location application entitled to streamlined processing shall be reviewed by the County within 45 days of submission, (or within some other mutually agreed upon timeframe).
Approval or denial of the application shall be in writing and shall be postmarked to the applicant by the 45 day from the date of receipt. Denials shall identify the deficiencies in
the application which, if cured, would take the application complete.
Upon resubmitting of the revised site plan and paperwork the County shall follow the process identified in this
section, above, until all deficiencies identified are deemed cured.
If the County does not respond in writing to the applicant within the specified timeframe detailed above, then the
application shall be deemed approved.
Application entitled to the streamlined review process shall not be subject to design or placement requirement, or evidentiary hearing review.
Requirements
for Mitigation & New Level II & III Towers
A report and supporting technical data shall be submitted, demonstrating the following:
All antenna attachments and co-locations, including
all potentially useable cross country utility distribution towers and other elevated structures within the proposed service area and alternative antenna configurations have been examined,
and found unacceptable.
Reasoning as to why existing facilities such as cross country utility distribution and other elevated structures are not acceptable alternatives to a new freestanding
tower.
Reasoning as to why the adequacy of alternative existing facilities or the mitigation of existing facilities are not acceptable in meeting the applicant’s need or the needs of
service providers, indicating that no existing communications facility could accommodate the applicant’s proposed facility shall consist of any of the following:
No existing towers
located within the geographic area meet the applicant’s engineering requirements, and why.
Existing towers are not of sufficient height to meet the applicant’s engineering requirements,
and cannot be mitigated to increase in height.
Existing towers do not have sufficient structural integrity to support the applicant’s proposed wireless communications facilities and
related equipment, and the existing facility cannot be sufficiently improved.
Other limiting factors that render existing wireless communications facilities unsuitable.
Technical data included in the report shall include certification by a Professional North Carolina Engineer or other qualified professional, which qualifications shall be included, regarding
service gaps or service expansions that are addressed by the proposed tower, and accompanying maps and calculations demonstrating the need for the proposed tower.
Proof that a property
and/or tower owner’s agent has appropriate authorization to act upon the owner’s behalf (if applicable).
Signed statement from a qualified person, together with their qualifications,
shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively,
and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards.
A stamped or sealed structural analysis
of the proposed tower prepared by a Professional North Carolina Engineer indicating the proposed and future loading capacity of the tower is compliant with EIA/TIA-222-G (as amended).
An
affidavit by a radio frequency engineer demonstrating compliance with Subsection “Locating Alternatives Order” of this Section. If a lower ranking alternative is proposed the affidavit
shall address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
Statement as to the potential
visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts.
Written statement by a Professional North Carolina Land Surveyor or Engineer
specifying the design structural failure modes of the proposed facility.
Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted.
Emergency Generators are permitted. Sound levels shall not exceed seventy decibels (70 db).
A map showing the designated search ring.
Materials detailing the locations of existing antenna
and tower facilities to which the proposed antenna will be a handoff candidate; including latitude, longitude, and power levels of the proposed and existing antenna is required.
A radio
frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant’s radio frequency
(RF) engineer that the proposed facility’s coverage or capacity potential cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement
facility, co-location, or new tower.
These documents are needed to justify a facility and to determine if the proposed location is the best suitable land use in the designated geographic
area of the proposed facility.
One (1) original and two (2) copies of a survey of the property completed by a Professional North Carolina Land Surveyor or Engineer showing all existing
uses, structures, and improvements.
Six (6) sets (24″(36″) of signed and sealed site plans shall include the following:
Name of project and date
Deed Book, and Page and Map Book and Page Reference
Scale, north arrow, and vicinity map
Subject property information including zoning, watershed classification, percent coverage of
lot to be impervious surface (if located in a designated watershed area)
Adjacent property information, including land owners, land uses, height of principal building, size of lots,
zoning, and land use designation.
Tower elevations
Landscape buffering plans
Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including
individual measurement of the base, the tower, and lightning rod
One (1) parking space is required for each tower development area. The space shall be provided within the leased area,
or equipment compound, or the development area as defined on the site plan.
Location, classification, and size of all major public or private streets and rights-of-way
Identify adjacent
features within 500 feet of property boundary including driveways, public parking areas, pedestrian ways, trails, and any other pertinent features
Two (2) reduced copies (8½″(11″), of
the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities.
Title report or American Land Title Association (A.L.T.A.) survey
showing all easements on the subject property, together with a full legal description of the property.
List of adjacent property owners and keyed to the map. The list shall be from the
most current ownership information supplied by the Harnett County Tax Department, together with two (2) sets of mailing labels for such property owners. Applicant will also provide a
notarized Certification Letter stating the ownership list referenced herein is accurate to the best of the applicant’s ability.
Simulated photographic evidence of the proposed tower
and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Planning Department including the facility types the applicant has considered
and the impact on adjacent properties including:
Overall height
Configuration
Physical location
Mass and scale
Materials and color
Illumination
Architectural design
All other documentation,
evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this Ordinance.
A pre-application conference will be required for any new tower. The applicant shall demonstrate that the following notice was mailed (via certified mail) to all other wireless service
providers licensed to provide service within the County as indicated on the list of wireless service providers provided by the County:
“Pursuant to the requirements of this Ordinance,
applicant is hereby providing you with notice of our intent to meet with the County Staff in a pre-application conference to discuss the location of a free-standing wireless communications
facility that would be located at _____ (physical address, latitude and longitude (NAD-83)). In general, we plan to construct a tower of _____ feet in height for the purpose of providing
_______ (type of wireless service)_______. Please inform the County Staff if you have any desire for placing additional wireless facilities or equipment within 2 miles of our proposed
tower. Please provide us with this information within twenty business days after the date of this letter. Your cooperation is sincerely appreciated.
Sincerely, (pre-application applicant,
wireless provider)”
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and “Objects Affecting Navigable Airspace,”
if applicable.
Requirements for New Level IV Towers
Technical data included in the report shall include the purpose of the proposed facility as described in the FCC Construction Permit
Application.
Proof that a property and/or tower owner’s agent has appropriate authorization to act upon the owner’s behalf, if applicable.
Signed statement from a qualified person,
together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards regarding interference to other radio
services. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement
antenna complies with FCC standards regarding human exposure to RF energy.
A stamped or sealed structural analysis of the proposed tower prepared by a Professional North Carolina Land
Surveyor or Engineer indicating the proposed and future loading capacity of the tower is compliant with EIA/TIA-222-G (as amended).
A written statement by a Professional North Carolina
Land Surveyor or Engineer specifying the design structural failure modes of the proposed facility.
Statement certifying that no unusual sound emissions such as alarms, bells, buzzers,
or the like are permitted. Emergency Generators are permitted. Sound levels shall not exceed seventy decibels (70 db).
One (1) original and two (2) copies of a survey of the property
completed by a Professional North Carolina Land Surveyor or Engineer showing all existing uses, structures, and improvements.
Six (6) sets (24″(36″) of signed and sealed site plans shall
include the following:
Name of project and date
Deed Book, and Page and Map Book and Page Reference
Scale, north arrow, and vicinity map
Subject property information including zoning, watershed classification, percent coverage of lot to be impervious surface (if located in a designated watershed area)
Adjacent property
information including land owners, land uses, height of principal building, size of lots, and existing zoning and land use
Landscape buffering plans
Maximum height of the proposed tower
and/or antenna, including individual measurements of the base, tower, and lightning rod
One (1) parking space is required for each tower development area. The space shall be provided
within the leased area, or equipment compound, or the development area as defined on the site plan.
Location, classification, and size of all major public or private streets and rights-of-way
Identif
y adjacent features within 500 feet of property boundary including driveways, public parking areas, pedestrian ways, trails, and any other pertinent features
Two (2) reduced copies (8½″(11″),
of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities. The site plans shall
Structure elevations
Title report or American
Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property.
List of property owners within 1,000 feet
in residential zoning districts and 500 feet in all other zoning districts and keyed to the map. The list shall be from the most current ownership information supplied by the Harnett
County Tax Department, together with two (2) sets of mailing labels for such property owners. Applicant will also provide a notarized Certification Letter stating the ownership list
referenced herein is accurate to the best of the applicant’s ability.
A pre-application conference will be required for any new broadcast facility.
Prior to issuance of a building
permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and “Objects Affecting Navigable Airspace,” if applicable.
11.2.9 Post-Construction Approval
Fees and Certificate of Zoning Compliance. The Harnett County Board of Commissioners shall set fees, payable to Harnett County, to cover the cost of conducting a post-construction approval
of all facilities constructed or modified pursuant to this Section. The fees shall be as set forth in the Harnett County Fee Schedule and shall reflect the level of review necessary
for such approval. For example, facilities subjected to supplemental review pursuant to Section 2.7.6 of Article III hereunder shall only require final verification prior to issuance
of a Certificate of Zoning Compliance. Facilities subject to streamlined processing pursuant to applicable state law and which were not subject to supplemental review shall require
independent verification of construction in compliance with applicable codes and regulations prior to issuance of a Certificate of Zoning Compliance and shall require a higher fee.
The County may engage outside consultants or professional services to perform such post construction inspections. NOT NEED B/C OF CITYSCAPE CO-LO FEE