<div class="chunk-title">Sec. 6.2 - Wireless communications facilities.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 6.2.1 Purpose and Legislative Intent.</span>
               </p>
            <p class="p0">
               The purpose of this wireless communications section is:
               
               <p class="incr1">
                  (i)
                  </p>
               		
               <p class="content2">
                  To provide for the public health, safety and welfare by ensuring that residents, businesses
                  and public safety operations in Jackson County have reliable access to wireless communications
                  networks and mobile broadband communications services while also providing for the
                  protection of Jackson County's communities, residents, and natural resources;
                  </p>
               		
               
               <p class="incr1">
                  (ii)
                  </p>
               		
               <p class="content2">
                  To ensure that the placement, construction or modification of wireless communication
                  facilities complies with all applicable federal laws, including without limitation
                  Section 6409 of the Federal Middle-Class Tax Relief and Job Creation Act of 2012,
                  Pub. L. No. 112-96, and to assure compliance with applicable state laws, including
                  Session Law 2013-185.
                  </p>
               		
               
               <p class="incr1">
                  (iii)
                  </p>
               		
               <p class="content2">
                  By enacting this section, it is Jackson County's intent to ensure Jackson County has
                  sufficient wireless infrastructure to support public safety communications throughout
                  Jackson County and to ensure access to reliable wireless communications services throughout
                  all areas of Jackson County while protecting communities, residents, and natural resources.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Sec. 6.2.2 Approval Process.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Requirements for review and approvals.</span> All new and modified wireless communications facilities require a permit to be issued
               in accordance with this section.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Administrative review and approval.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The following types of applications are subject to the application and administrative
               review process as provided in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIIIPEPR_S3.4COREPR" class="section-link" data-product-id="14666">Section 3.4</a>: Common Review Procedures.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               New wireless support structures, including towers that do not exceed 199 feet in height.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Concealed wireless communication facilities that are 60 feet or less in height, in
               any location.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               COWs, if the use of the COW is either not in response to a declaration of an emergency
               or disaster by the governor and/or by the Jackson County Board of Commissioners or
               will last in excess of 120 days.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Collocations.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Facilities used exclusively for providing unlicensed spread spectrum technologies,
               such as IEEE 802.11a, b, g services (e.g. Wi-Fi and Bluetooth) where the facility
               requires a new tower or increases the height of the structure to which it will be
               attached.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Wireless communication facilities placed on utility poles.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Placement of new transmission equipment on an existing wireless support structure
               or tower.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Replacement of transmission equipment on an existing wireless support structure or
               tower or base station that does not result in a substantial modification as defined
               in this Section. This includes both "like kind" replacement and upgrades with dissimilar
               equipment.
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               Facilities used exclusively for providing broadband services, provided that the structure
               to which facilities are attached does not exceed 199 feet in height
               </p>
            		
            <p class="incr2">
               10)
               </p>
            		
            <p class="content3">
               Facilities owned by the State of North Carolina.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The following information shall be provided with the application
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The name, address and phone number of the person preparing the application.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The name, address, and phone number of the property owner and the applicant, including
               the legal name of the applicant. If the owner of the structure is different than the
               applicant, the name and all necessary contact information shall be provided.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The 911 address and tax map parcel number of the property.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               A copy of the FCC license or other authorization applicable for the intended use of
               the wireless communication facilities.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               A site plan depicting the following:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               The zoning district (in the case of Regulated Districts) or designation in which the
               property is situated, if applicable.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               For applications that involve the creation or expansion of the ground compound, the
               size of the property on which the structure to be attached to is located, stated both
               in square feet and lot line dimensions, and a survey showing the location of all lot
               lines.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               The location, size and height of all existing and proposed structures on the property
               on which the structure is located and that is the subject of the application;
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               The footprint, location and dimensions of access drives, landscaping and buffers,
               fencing and any other existing or proposed site improvements.
               </p>
            		
            <p class="incr3">
               e)
               </p>
            		
            <p class="content4">
               Landscape plan for perimeter buffer if applicable.
               </p>
            		
            <p class="incr3">
               f)
               </p>
            		
            <p class="content4">
               Unless already contained in the structural analysis required by Section 6.2.3 (b)
               elevations showing the vertical rendition of the wireless communication facilities
               identifying all attachments, and all related fixtures, structures, appurtenances and
               apparatus, including height above pre-existing grade, materials, color and lighting;
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               All attachments and exposed cabling shall use concealment techniques to match as closely
               as possible the color and texture of the structure, whenever practical.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               The applicant shall provide a certification by a professional engineer licensed in
               North Carolina, along with documentation (a structural analysis), including calculations,
               that prove that the wireless support structure and its foundation as proposed to be
               utilized, including all proposed attachments, existing attachments, and reserved future
               attachments, are designed and were constructed to meet all local, county, state, federal
               and ANSI EIA/TIA 222 as amended requirements for loads, including wind and ice loads
               and the placement of any equipment on the roof a building after the addition of the
               proposed new facilities.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Elevations showing the profile or the vertical rendition of the wireless support structure
               identifying proposed attachments and all related fixtures, structures, appurtenances
               and apparatus, including the height above the pre-existing grade, surrounding trees,
               materials, camouflage, color and lighting.
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               The azimuth, size and center line height location of all proposed antennas on the
               supporting structure.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.2.3 Recommended Location Wireless Communication Facilities.</span>
               </p>
            <p class="p0">
               It is recommended that applicants for all wireless communication facilities locate,
               site and construct said wireless communication facilities in accordance with the following
               priorities, in order:
               
               <p class="incr1">
                  1)
                  </p>
               		
               <p class="content2">
                  On existing wireless support structures without substantial modification of the tower
                  or structure.
                  </p>
               		
               
               <p class="incr1">
                  2)
                  </p>
               		
               <p class="content2">
                  On existing wireless support structures with substantial modification(s).
                  </p>
               		
               
               <p class="incr1">
                  3)
                  </p>
               		
               <p class="content2">
                  On existing structures other than wireless support structures, such as electrical
                  transmission towers and buildings, capable of accommodating the facilities.
                  </p>
               		
               
               <p class="incr1">
                  4)
                  </p>
               		
               <p class="content2">
                  On properties in areas developed for business use.
                  </p>
               		
               
               <p class="incr1">
                  5)
                  </p>
               		
               <p class="content2">
                  On properties in areas developed for rural use.
                  </p>
               		
               
               <p class="incr1">
                  6)
                  </p>
               		
               <p class="content2">
                  On properties in areas developed for residential use.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Sec. 6.2.4 Wireless Communications Facilities Design Standards.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The maximum height for wireless support structures shall be 199 feet.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Wireless support structures and towers may be monopole or lattice type.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Wireless support structures and towers may be located on a protected mountain range
               as defined in Section 5.7- Mountain Ridge Protection Regulations and Section 5.8 Mountain
               and Hillside Development, provided that:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The wireless support structure does not extend more than 20 feet above the average
               height of the tree canopy within 100 feet of the tower site. If any antenna extends
               more than two feet from the side of the support structure, the portion of the tower
               extending above the vegetative canopy shall be camouflaged to appear like the top
               of a coniferous tree with all antennas concealed within simulated foliage.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The proposed wireless support structure or tower is a monopole.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Wireless communication facilities shall not be artificially lighted or marked, except
               as required by federal regulations. If lighting is legally required, the applicant
               shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive
               an effect as is permissible under state and federal regulations. For any wireless
               communication facilities for which lighting is required under the FAA's regulations,
               or that for any reason has lights attached, all such lighting shall be affixed with
               technology that enables the light to be seen as intended from the air, but that prevents
               the ground scatter effect so that it is not able to be seen from the ground to a height
               of at least 12 degrees vertical for a distance of at least one mile in a level-terrain
               situation. Such device must be compliant with or not in conflict with FAA regulations.
               A physical shield may be used, as long as the light is able to be seen from the air,
               as intended by the FAA. If lighting is required by the FAA or other government agency,
               then such lighting shall be installed pursuant to the FAA or other government agency
               standards. The applicant shall present the options for selection by the County, being
               mindful of the impacts of the proposed lighting upon people whose residences are located
               at higher elevations.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Structures shall be galvanized and/or painted with a rust-preventive paint of an appropriate
               color to harmonize with the surroundings and shall be maintained in accordance with
               the requirements of this section and subject to FAA requirements.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               All facilities at a wireless communication facility, regardless of the owner of the
               facilities, shall comply with the County's noise control regulations, without exception.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               All wireless communication facilities shall be located, fenced or otherwise secured
               in a manner that prevents unauthorized access. Specifically:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               All wireless communication facilities, including antennas, towers and other supporting
               structures, including guy anchor points and wires, shall be made inaccessible to individuals
               and constructed or shielded in such a manner that they cannot be climbed or collided
               with; and
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Transmitters and communications control points shall be installed in such a manner
               that they are readily accessible only to persons authorized to operate or service
               them.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Wireless communication facilities shall contain a sign no larger than four square
               feet shall be installed to containing the name(s) of the owner(s) and operator(s)
               of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment
               shelter or cabinet of the applicant and be visible from the access point of the site
               and must identify the equipment owner of the shelter or cabinet. On tower sites, an
               FCC registration site, as applicable, is also to be present. The signs shall not be
               lighted, unless applicable law, rule or regulation requires lighting. No other signage,
               including advertising, shall be permitted.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="incr_ml1">
               (i)
               </p>
            		
            <p class="content2">
               Unless otherwise stated herein, each wireless support structure shall be set back
               from all property lines a distance equal to its engineered fall zone plus ten percent.
               The setback shall be measured from the nearest portion of the right-of-way of any
               public road or thoroughfare and any occupied building or domicile. Further, the nearest
               portion of any new access road leading to a wireless communication facility shall
               be no closer than 15 feet to the nearest property line.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Accessory structures shall be located within the footprint of the approved facility
               and meet the minimum property line setbacks for the district or 30 feet from adjacent
               property lines whichever is more restrictive.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               There shall be no development of new habitable buildings within the wireless support
               structure setback set forth in the preceding subsection.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               Accessory structures associated with wireless communication facilities shall maximize
               the use of building materials, colors, and textures designed to blend with and harmonize
               with the natural surroundings.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               All utilities at a wireless communication facilities site shall be installed underground
               if practical and in compliance with all laws, ordinances, rules and regulations of
               the County, including specifically, but not limited to, the National Electrical Safety
               Code and the National Electrical Code where appropriate.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               At a wireless communication facilities site an access road and turnaround space for
               an emergency vehicle shall be provided to assure adequate emergency and service access.
               Maximum use of existing roads, whether public or private, shall be made to the extent
               practicable. Road construction shall at all times minimize ground disturbance and
               the cutting of vegetation. Road design and construction shall comply with the private
               road standards set forth in Article IV: Subdivisions. Maintenance of the access roads
               shall be provided to assure vehicular access to the site at all times. All erosion
               control and storm water management facilities shall be maintained at all times. A
               maintenance log that documents inspections of the site and access roads shall be maintained
               at the communications facility site. The required maintenance log shall be placed
               in a location accessible at all times to the Jackson County employees charged with
               review of the log. Inspections shall have made at least quarterly by the owner/lessee
               of the site to confirm that the access road and site are maintained with no erosion
               or storm water issues and that all equipment is in good order. The employee of the
               site owner/lessee conducting the inspection shall note the date of the inspection
               and condition of the site and access road on the inspection log.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               The perimeter of the fenced facility shall be screened with a vegetative buffer if
               it is visible from adjacent properties, public or private rights-of way, or public
               trails.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
            <p class="content1">
               All facilities must comply with all applicable state and federal regulations and obtain
               all required state and federal permits regarding wireless communications facilities.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.2.5 Exclusions.</span>
               </p>
            <p class="p0">
               The following shall be exempt from this section:
               
               <p class="incr1">
                  (i)
                  </p>
               		
               <p class="content2">
                  Any facilities expressly exempt from the County's siting, building and permitting
                  requirements.
                  </p>
               		
               
               <p class="incr1">
                  (ii)
                  </p>
               		
               <p class="content2">
                  Any reception or transmission devises expressly exempted under the communications
                  Act of 1996.
                  </p>
               		
               
               <p class="incr1">
                  (iii)
                  </p>
               		
               <p class="content2">
                  Facilities used exclusively for private, noncommercial radio and television reception
                  and private citizen's bands, licensed amateur radio and other similar noncommercial
                  communications.
                  </p>
               		
               
               <p class="incr1">
                  (iv)
                  </p>
               		
               <p class="content2">
                  Facilities used exclusively for providing unlicensed spread spectrum technologies,
                  such as IEEE 802.11a, b, g services (e.g. Wi-Fi and Bluetooth) where the facility
                  does not require a new tower or increase the height of the structure to which it will
                  be attached.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Sec. 6.2.6 Exemptions.</span>
               </p>
            <p class="p0">
               The following are exempt from all Jackson County plan approval processes and requirements:
               
               <p class="incr1">
                  (i)
                  </p>
               		
               <p class="content2">
                  Removal of equipment on an existing wireless tower or wireless communication facility.
                  </p>
               		
               
               <p class="incr1">
                  (ii)
                  </p>
               		
               <p class="content2">
                  Ordinary maintenance of existing wireless communication facilities and wireless support
                  structures, as defined in this section.
                  </p>
               		
               
               <p class="incr1">
                  (iii)
                  </p>
               		
               <p class="content2">
                  COWs placed for a period of not more than 120 days at any location within Jackson
                  County or after a declaration of an emergency or a disaster by the governor and/or
                  by the Jackson County Board of Commissioners.
                  </p>
               		
               
               <p class="incr1">
                  (iv)
                  </p>
               		
               <p class="content2">
                  Facilities owned or leased by Jackson County or County authorities, e.g. airport authority.
                  </p>
               		
               
               <p class="incr1">
                  (v)
                  </p>
               		
               <p class="content2">
                  Facilities used exclusively for state and local emergency management communications
                  systems.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Sec. 6.2.7 Retention of Consultant/Expert Assistance Cost to be Borne by Applicant.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The County may hire any consultant and/or expert necessary to assist the County in
               reviewing and evaluating the application for substantial modifications, new wireless
               communication facilities, and collocations, including the construction and modification
               of the site, once permitted, and any site inspections.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               To prevent the taxpayers from having to bear the cost related to the issue of the
               regulation of wireless communication facilities, an applicant shall pay the consultant's
               fee as set forth in the contractual agreement between the consultant and the County.
               The amount of the fee shall be based on the cost of services provided and what is
               usual and customary in Jackson County for the review and permitting assistance related
               to wireless communication facilities to cover all reasonable costs of consultant and
               expert evaluation and consultation with the County in connection with the submittal,
               review and permitting of any application, and where applicable, any lease negotiation,
               preapproval evaluation and including any construction and modification of the site,
               once permitted. The payment of the consultant's fee to the County shall precede any
               work being done as regards to processing an application.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Records of all outside costs associated with the review and permitting process shall
               be maintained and available for public inspection, in compliance with applicable North
               Carolina law.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.2.8 Removal of Wireless Communications Facilities.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Under the following circumstances, the County may determine that the health, safety,
               and welfare interests of the County warrant and require the removal of wireless communication
               facilities.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Wireless communication facilities with a permit have been abandoned (i.e. not used
               as wireless communication facilities) for a period exceeding 180 days, except for
               periods caused by force majeure or acts of God, in which case repair or removal shall
               commence within 90 days of abandonment;
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Permitted wireless communications facilities fall into such a state of disrepair that
               it creates a health or safety hazard;
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Wireless communications facilities have been located, constructed, or modified without
               first obtaining, or in a manner not authorized by, the required communications facility
               permit, or any other necessary authorization and the special permit may be revoked.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               If the County makes such a determination as noted in subsection (a), then the County
               shall notify the holder of the wireless communications facility permit within 48 hours
               that said wireless communication facilities are to be removed, the County may approve
               an interim temporary use agreement/permit, such as to enable the sale of the wireless
               communication facilities.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The holder of the wireless communication facility permit, or its successors or assigns,
               shall dismantle and remove such facility, from the site and restore the site to as
               close to its original condition as is possible, such restoration being limited only
               by physical or commercial impracticability, within 90 days of receipt of written notice
               from the County. However, if the owner of the property upon which the facility is
               located wishes to retain any access roadway to the facility, the owner may do so.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               If wireless communication facilities are not removed or substantial progress has not
               been made to remove the wireless communication facilities within 90 days after the
               permit holder has received notice, then the County may order officials or representatives
               of the County to remove the wireless communication facilities at the sole expense
               of the owner or wireless communication facility permit holder.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               If the County removes, or causes to be removed, wireless communication facilities,
               and the owner of the wireless communication facilities does not claim and remove it
               from the site to a lawful location within ten days, then the County may take steps
               to declare the wireless communication facilities abandoned and sell them and their
               components.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Notwithstanding anything in this section to the contrary, the County may approve a
               temporary use permit/agreement for the wireless communication facilities, for no more
               than 90 days, during which time a suitable plan for removal, conversion, or relocation
               of the affected facility shall be developed by the holder of the communications facility
               permit, subject to the approval of the County, and an agreement to such plan shall
               be executed by the holder of the permit and the County. If such a plan is not developed,
               approved and executed within the 90-day time period, then the County may take possession
               of and dispose of the affected facilities in the manner provided in this section and
               utilize the bond in this section.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.2.9 Liability Insurance.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               A holder of a wireless communication facility permit shall secure and at all times
               maintain public liability insurance for personal injuries, death and property damage,
               and umbrella insurance coverage, for the duration of the wireless communication facility
               permit in amounts as set forth below:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Commercial general liability covering personal injuries, death and property damages
               $1,000,000.00 per occurrence/$2,000,000.00 aggregate; and
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Umbrella coverage: $3,000,000.00.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.2.10 Variances.</span>
               </p>
            <p class="p0">
               An applicant can request a variance to these standards per Section 3.7.20.
               </p>
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021; Amd. of 4-18-2023)
               </p></div>