42-348. Category Three (3) Communication Facility Permits

1. Purpose. Category Three (3) Communication Facility Permits are required for any construction, alteration or expansion of a communication facility of this category.
2. Permit Issuance. The Zoning Board of Adjustment (ZBA) shall grant the permit and the Communication Facilities Administrator shall issue permits. No permit shall be issued until a communication facility site plan has been reviewed and approved by the Communication Facilities Administrator. No Communication Facility Permit Three (3) shall be issued without the approval of the ZBA in accordance with the requirements and procedures set forth in this subsection. The permitting process for communication permits complies with NCGS 160D-930, including all federal and state requirements, and should be interpreted as such.
3. Application.
   1. Pre-application Conference. Each applicant for a permit shall meet with the Communication Facilities Administrator in a pre-application conference prior to, or at the time of, the submittal of a request for approval of the communication facility. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a permit shall be submitted along with the appropriate fee(s), site plan, statements, evidences and easement acquisition documents to the Communication Facilities Administrator. Applications shall also include the following:
      
      1. Statement Regarding Accommodation of Additional Users. A statement which indicates the number of additional users the proposed facility will accommodate, as signed and sealed by an active, registered North Carolina Professional Engineer.
      2. Statement Regarding Collocation. A written statement, by the applicant, which indicates willingness to allow future collocations, available at fair market value.
      3. Evidence of Mailing of Notices of Intent. A document, submitted by the applicant, which shows that the applicant has sent required notices of intent to file an application for a Communication Facility Permit Three (3) to all owners of property immediately adjacent to the parcel containing the facility site, and all owners of property within a 1,000 foot radius as measured from the facility site perimeter. Mailed notices of intent shall be mailed no fewer than ten (10) days and no more than 30 days prior to the date on which an application for a permit is filed. Mailed notices of intent shall include a: (1) vicinity map showing the proposed facility location; (2) sketch of the facility with dimensions which indicate the proposed tower type and height; and (3) statement from the Communication Facilities Administrator indicating the processes and procedures by which the communication facility may be permitted.
      4. Evidence of Lack of Alternative Antenna Sites. A document, submitted by the applicant, which demonstrates that a reasonable effort has been made to collocate the proposed antenna on an existing communication facility/alternative structure, and that there are no feasible alternatives to constructing the proposed communication facility.
      5. Evidence of Compliance with Regulations. Documentation, submitted by the applicant, which demonstrates compliance with all applicable state and federal statutes, ordinances and regulations which is satisfactory to the Communication Facilities Administrator.
      6. Easement Acquisition Documents. Statements of intent, submitted by the applicant, from adjacent property owners (where any portion of said property is within a distance of the tower height from the tower base) to grant an easement to the applicant.

Applications may be modified by the Communication Facilities Administrator as necessary, who may require the applicant to supply additional information pertaining to the communication facility.

3. Review Schedule.  As per NCGS §62A-42, a written decision approving or denying the application shall be given within 30 days in the case of collocation and modification applications, and within 45 days in the case of other applications. This time shall be measured from the date the application is deemed complete.
4. Fees. Any review fee established by the Commissioners shall be submitted with the application.

4. Staff Review. The Communication Facilities Administrator shall process and review all applications for a permit and prepare a staff recommendation for the ZBA on the permit application. An application shall be deemed complete unless the applicant is notified in writing within 15 days of submissions of the application. Specific deficiencies in the application must be identified and if cured the resubmission must be deemed complete.
5. Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Communication Facilities Administrator’s recommendation on the permit application.
6. Public Hearing. Prior to considering a communication facility permit application the ZBA shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
7. Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-Judicial Process Standards). The Communication Facilities Administrator shall be responsible for all necessary public notifications.
8. Quasi-judicial Proceeding. The concurring vote of a majority of the ZBA shall be necessary to grant the permit. As per NCGS §62A-42, a written decision approving or denying the application shall be given within 30 days in the case of collocation and modification applications, and within 45 days in the case of other applications. This time shall be measured from the date the application is deemed complete.  
   1. Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the regulations of this Chapter that set forth specific standards for the communication facility have been met. Any approval or denial of the request must be in writing and be permanently filed with the office of the ZBA and with the Communication Facilities Administrator as a public record.
      
      1. Any decision denying an application must be supported by substantial evidence in the record before the authority and must set forth the reasons for the denial with sufficient particularity to allow a reviewing entity to review the evidence supporting the reasons for denial.
      2. An authority may deny an application to construct a new wireless support structure based upon an applicant’s unwillingness to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing structure within the applicant’s search ring according to NCGS §62A-43
   2. Conditions. The ZBA shall, in granting a permit, prescribe that required easement documents be recorded and copies of said recorded easements be submitted to the Communication Facilities Administrator.
9. Permit Validity. Upon the approval of the ZBA and the submittal of recorded easements, the Communication Facilities Administrator may issue the permit and the required County Communication Facility Registration Number. The applicant shall have six (6) months from the date of issuance thereon to obtain a building permit or begin substantial construction work on the project. Failure to obtain a building permit or make substantial construction progress within six (6) months shall render the permit void. The Communication Facilities Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension.
   1. Permit Revocation. The Communication Facilities Administrator and/or ZBA may revoke a permit for violations of any part of this Chapter. Failure to secure and record any of the required easements shall be grounds for revocation. If the Communication Facilities Administrator finds a communication facility to be in violation, he/she shall notify the applicant in writing, stating the specific violations and setting reasonable time limits for corrective actions and subsequent inspections. In the event that the applicant takes no action to correct violations, the Communication Facilities Administrator shall notify him/her, by certified mail, that the permit will be revoked at the close of ten (10) business days from the date of the written notice. Should the applicant correct the violations prior to the permit being revoked, he shall request that the Communication Facilities Administrator conduct an inspection. If the Communication Facilities Administrator finds that the communication facility is no longer in violation, he/she shall notify the applicant that the permit will continue to be valid. If the violations have not been remedied, the permit shall be revoked. Where use of a communication facility is discontinued, such notice of discontinuance shall be made in writing by the applicant and submitted to the Communication Facilities Administrator; further, where the use of the communication facility is discontinued for a 12 month period, such permit shall be revoked. Such revocation and the reasons for such shall be made in writing to the applicant.
   2. Implications of Revoked Permit. Where a permit has been revoked:
      
      1. The operation of the communication facility shall be terminated, and the use may only be reinstated upon application as in the case of a new matter.
      2. The applicant (facility owner/operator and/or site owner) shall not be allowed to collocate any additional communication facilities at that site, erect another communication facility or obtain any additional permits.
      3. The facility owner/operator and/or site owner shall be jointly and severally responsible for the required removal of the communication facility within 180-days of receipt of written notification of Communication Facility Permit Three (3) revocation.