§ 4-4. Non-administrative approvals by the Planning Commission.
4-4.1.
Approval by the Planning Commission is required for any wireless facility or wireless support structure that does not qualify for administrative approval. Upon the granting of a permit by the Planning Commission, the wireless facility or wireless support structure is permitted in all unzoned areas and in all zoning districts, where permitted.
4-4.2.
The approval or denial by the Planning Commission shall be based upon the degree of proposed compliance with the following standards:
A.
Air space impacts:
1.
If any portion of a proposal will be more than 200 feet tall, the applicant shall provide a copy of a FAA determination as a result of filing the FAA Form 7460-1, Notice of Proposed Construction or Alteration of an Object that may Affect the Navigable Airspace.
2.
If any portion of a proposal will be located within 20,000 feet of the runway surface of the Michael J. Smith Airport, Bogue Airfield, and/or Atlantic Field, the applicant shall provide a copy of a FAA determination as a result of filing the FAA Form 7460-1.
3.
The applicant shall establish to the satisfaction of the Planning Commission that the proposal will not adversely impact the restricted air space in Carteret County, particularly as it relates to the flight paths to and from MCAS Cherry Point, Bogue Field, Atlantic Field, Bombing Ranges PT 9 and 11, Seymour Johnson AFB, Camp Lejeune, and/or New River Air Station.
4.
Any application submitted hereunder shall be forwarded to the Commanding Officer, Marine Corps Air Station Cherry Point, in order to provide for review and comment concerning any possible impacts on the operations and mission of Marine Corps Air Station Cherry Point, and no application submitted hereunder shall be deemed completed until such time as said review is completed and such comments are received.
5.
The applicant shall provide a narrative description of all risks to:
a.
Civil air navigation and
b.
Military air navigation routes, military air traffic control areas, military training routes, military special-use air space, military radar or other potentially affected military operations, and shall further include documentation that addresses any potential adverse impact on military operations and readiness as identified by the Department of Defense clearinghouse and any mitigation action agreed to the by the applicant.
B.
Noise impacts: The applicant shall affirm in writing that any generators or other noise-producing and/or noise-creating equipment or apparatus will not produce noise above 60 decibels for more than five consecutive minutes at the property line.
C.
RF emissions impacts:
1.
The applicant shall provide a signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services.
2.
As recommended by the Federal Communications Commission (FCC), where the new wireless facilities will be 40 feet or more above ground level, signed documentation (such as the FCC's "Checklist to determine whether a Facility may be Categorically Excluded") shall be provided to the Planning Commission to verify that the facility will be in full compliance with the current FCC's RF emissions regulations. If not categorically excluded, a complete RF emissions study is required and shall be provided to the Planning Commission to enable verification of compliance, including providing all calculations so that such may be verified.
In compliance with the FCC's regulations, the RF radiation from all wireless facilities shall be included in the calculations to show the cumulative effect on any area of the building or structure deemed accessible by the public. Such report or analysis shall be signed and sealed by a professional engineer licensed in the state.
3.
If any section or portion of the structure to be attached to is not in compliance with the FCC's regulations regarding RF radiation, that section or portion must be barricaded with a suitable barrier and shall be marked off with yellow and black-striped warning tape or a suitable warning barrier, as well as placing RF radiation signs (as needed and appropriate) to warn of the potential danger.
D.
Visual impacts: If warranted, as determined by the Planning Director or designee, the applicant shall furnish a visual impact assessment to the Planning Commission, which shall include:
1.
A computer-generated "zone of visibility map" covering at least a one-mile radius from the proposed facility shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage.
2.
Pictorial representations of "before and after" views from key viewpoints inside of the county as may be appropriate and required, including, but not limited to, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents.
Guidance will be provided concerning the appropriate key sites. The applicant shall provide a map showing the locations of where the pictures were taken and the distance of each location from the proposed facility.
E.
Impacts on surrounding communities: If the proposed wireless telecommunications facility is within three miles of a municipality or county, written notification of the application shall be provided by the applicant to the legislative body of each, with copies of each to the Planning Department.
F.
General impacts: The Planning Commission may disapprove an application for any of the following reasons:
1.
Conflict with safety and safety-related codes and requirements.
2.
The use or construction of a wireless telecommunications facility that is contrary to an already stated purpose of a specific zoning or land use designation.
3.
The placement and location of a wireless telecommunications facility that would create an unacceptable risk to residents, the public, employees, and agents of the county, or employees of the service provider or other service providers.
4.
The placement and location of a wireless telecommunications facility would result in a conflict with, or compromise or change in, the nature or character of the surrounding area.
5.
Conflicts with the provisions of this Ordinance.
6.
Failure to submit a complete application as required under this Ordinance.
7.
Conflicts, as determined by the Planning Commission, with the Military's unrestricted ability to use the Restricted Air Space above Carteret County, including no flight hazards and/or use limitations.
In addition, the Planning Commission may consider whether construction or operation of the proposed wind energy facility would encroach upon or would otherwise have a significant adverse impact on the mission, training, or operations of any major military installation or branch of military in North Carolina and result in a detriment to continued military presence in the state. In its evaluation, the Planning Commission may consider whether the proposed wind energy facility would cause interference with air navigation routes, air traffic control areas, and military training routes.
4-4.3.
Content of application package for a non-administrative approval by the Planning Commission: All application packages for a non-administrative approval by the Planning Commission must contain the following:
A.
The appropriate application form signed by applicant or agent;
B.
Copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue the application. Such submissions need not disclose financial lease terms;
C.
Written descriptions and scaled drawings of the proposed wireless support structure or wireless facility to describe and illustrate how the proposal complies with the Planning Commission Permit Standards, including structure height, ground and structure design, and proposed materials;
D.
Number of proposed antennas and their height above ground level, including the proposed placement of antennas on the wireless support structure;
E.
Line-of-sight diagram or photo simulation, showing the proposed wireless support structure set against the skyline and viewed from at least four directions within the surrounding areas;
F.
A statement that the proposed wireless support structure will be made available for co-location to other service providers at commercially reasonable rates, provided space is available and consistent with Section 4-6.1A of this Ordinance; and
G.
Responses and data submissions to address the proposal's Air Space Impacts, Noise Impacts, RF Emissions Impacts, Visual Impacts, Impacts on surrounding Communities, and General Impacts, as well as the required General Standards and Design Requirements.
4-4.4.
Fees: The applicant shall pay to the county a fee as set forth in the county's fee schedule.
4-4.5.
Procedure and timing: Within 150 days of receiving an application, the Planning Director or designee will complete the process for reviewing the application for completeness conformity and in the same timely manner as for administrative approvals, as provided below.
A.
Completeness review: After 30 days, an application for a non-administrative approval is deemed to be complete, unless the Planning Director or designee notifies the applicant in writing within 30 days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete.
If the written notice identifies deficiencies, the applicant may take 45 days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies to the satisfaction of the Planning Director or designee within this 45-day period, the application shall be deemed complete.
The Planning Director or designee will then review and process the complete application within the remainder of the 150 days from the initial date the application was received. If the applicant requires a period of time beyond 45 days to cure the specific deficiencies, the 150 calendar days deadline for review shall be extended by the same period of time that the applicant takes to respond beyond the 45 days;
B.
Approval process: Once the application is complete, the Planning Director or designee will prepare a staff report and conduct a public hearing by the Planning Commission at its next regularly-scheduled meeting date, based upon the published schedule of submission deadlines. The Planning Commission will make a final decision to approve or disapprove the application within the remainder of the 150 days; and
C.
The Planning Director or designee will advise the applicant in writing of the Planning Commission's final decision. If the Planning Commission denies an application, the Planning Director or designee must provide written justification of the denial.
D.
Failure to issue a written decision within 150 calendar days, or any mandated extension thereof, shall constitute an approval of the application.
(Ord. of 1-13-14(3); Ord. of 5-19-14(2))