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HomeMy WebLinkAboutOrdinance ResponsesEIP / The Cape Blvd. / Ordinance Responses - Narrative C. Communication and Information Facilities 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks The following setback requirements shall apply to all communication and information facilities except for Amateur radio antenna below 90 feet in height, which are exempt from these requirements in accordance with NCGS 160D-905. 1. Residential Districts The minimum setback for wireless facilities located in general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5), multi-family districts, and residentially designated portions of master planned developments shall be a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. The total height of the tower proposed to be located at 613 Valley Brook Road, Wilmington, NC 28412 (PID: R08500-002-070-000) (“Subject Site”) is one hundred thirty feet (130’) (“Tower”), as indicated on Sheet T-1 of the Zoning Drawings and shown on Sheet C-4 of the Zoning Drawings. The proposed tower meets the setback requirements, as shown on Sheet C-1B of the Zoning Drawings: • North: 130’0” • East: 407’11” • South: 130’0” • West: 659’7” 2. All Other Districts The minimum setback for wireless facilities located in all other districts shall be equal to each facility’s engineered fall zone, as established by a letter sealed by a licensed professional engineer certifying that the wireless facility will not exceed t he distance specified in the letter should the wireless facility fail. Where an engineered fall zone certification is not submitted, wireless facilities shall be set back a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. Not applicable. b. Certification Required All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. Please see the Affidavit provided with this application. c. Expert Review Outside experts and disputes are subject to the following provisions: 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study or a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. Acknowledged and agreed. 2. If the applicant for a telecommunications facility claims that one or more standards of this ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Acknowledged and agreed. d. Signage Signage shall comply with the following standards: 1. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of: i. Identifying the antenna support structure (such as ASR registration number); ii. Identifying the party responsible for the operation and maintenance of the facility and their current address and telephone number; iii. Security or safety signs; iv. Identification of the property manager signs for the tower (if applicable); v. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions; and vi. Other signs required by state and or federal standards. In response to i.-vi. above, please see Sheet C-8 of the Zoning Drawings, which depicts each of the signs that will be placed on the compound fence in accordance with these ordinance provisions. 2. Amateur Radio Antenna Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. Not applicable. EIP / The Cape Blvd. / Ordinance Responses - Narrative 3. Antenna & Towers Ancillary to the Principal Use Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. An application for a special use permit is being submitted in connection with these ordinance responses and is in compliance with the standards of 4.3.3.C.6. 4. Collocations a. Wireless collocations attached to existing structures that are not considered non- substantial modifications shall not add more than six feet to the overall height of a structure. Not applicable. b. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of the collocation and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. Not applicable. c. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standards, flagpole, bell/clock tower, water tower, or tree. Not applicable. 5. Non-Substantial Modification a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non-substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; material and color (including proposals for steel structures0; and illumination. Not applicable. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. Not applicable. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Standards for All New Wireless Support Structures and Substantial Modifications The following standards shall apply to all wireless support structures and substantial modifications: 1. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounded by a fence or wall not less than eight feet in height. The Tower is surrounded on all sides (in each cardinal direction) by existing dense vegetation that is in excess of twenty-five feet (25’) in depth. It is proposed that the existing mature vegetation be used to satisfy the landscape buffer required, which will, in turn, allow for the preservation of mature trees and the vegetative screen, and reduce the need for the implementation of juvenile plantings, which will take years to provide the same opacity as is existing. It is worth noting that the limits of construction total .095 acres, which reflects applicant’s commitment to preserving as much of the existing vegetation onsite as possible. Furthermore, the compound will be surrounded by an eight-foot (8’) fence, consisting of a seven- foot (7’) tall chain link component, and one foot (1’) of barbed wire at the top of the chain link component. 2. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. Acknowledged and agreed. In addition to the anchor tenant, the Tower will be designed to accommodate two (2) additional telecommunications providers (three (3) total). The elevation drawing on Sheet C-4 of the Zoning Drawings indicates the Tower’s capacity to accommodate collocation. 3. Equipment compounds shall comply with the following standards: i. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. Acknowledged and agreed. ii. Shall not be used as a habitable space. Acknowledged and agreed. 4. The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. The Tower is not located within ten thousand feet (10,000’) of an airport or within any runway approach zone. Please see the (i) Towair and (ii) OE/AAA Pre-screening Results included with this Application, which together indicate that no filing with the FAA is required. b. Additional Standards for New Wireless Support Structures and Substantial EIP / The Cape Blvd. / Ordinance Responses - Narrative Modifications Allowed By-Right The following standards shall apply to wireless support structures and substantial modifications allowed by-right: 1. Except in the I-1 and I-2 districts, wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. Not applicable. 2. Except in the I-1 and I-2 districts, all wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. Not applicable. c. Additional Standards for New Wireless Support Structures and Substantial Modifications Requiring Special Use Permits Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. 1. The applicant shall provide evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant’s search ring is not reasonably feasible. For the purposes of this section, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. Please see the Surrounding Tower Map (as well as the Propagation Maps) provided with this Application, which indicate that there are no existing towers or tall structures in the area in which T-Mobile needs and intends to improve its cellular coverage in order to effectively support residents, tourists, tenants, businesses and military men/women in New Hanover County. The Propagation Maps provide support for this need and goal, as reflected on pages 2 (titled “Current Coverage”), 3 (titled “After Candidate having 3 Sector”), 4 (titled “Current Coverage”), and 5 (titled “After Candidate having 3 Sector”). These pages (all of the Propagation Maps), taken together, show the current limited to no coverage in the area around the Tower, and provide comparisons showing the coverage anticipated to be deployed from the Tower and the proposed antenna(e). 2. The applicant shall conduct a balloon test prior to the submittal of simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed wireless support structure. The balloon test shall provide the basis for simulated photographic evidence from four vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. A balloon test was conducted in accordance with this ordinance requirement on Tuesday, December 9, 2025, at 11:30 a.m. Based upon the balloon test, photographic simulations, which are provided with this application, were produced and demonstrate visibility of the Tower from seven (7) vantage points. 3. Wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. The Tower is proposed to be of a monopole type with concealment shades hiding the antennas. Please see further responses contained in subsections 4 and 5 below. 4. All wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. The Tower’s concealment shade design will enclose all antennas on the Tower within the concealment shade, as demonstrated on Sheet C-4 of the Zoning Drawings and the Photographic Simulations provided with this Application and will make the antennas not readily apparent to a casual observer. All feed lines will be enclosed within the pole. With respect to any supporting/ground equipment, the Subject Site is characterized by dense existing vegetation, and therefore the supporting/ground equipment will not be visible from adjacent properties. 5. Wireless support structures located within general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize faux tree stealthing except where a structure is proposed in an area containing such dense existing tree clusters that the structure is not visible from existing single- family or duplex residential uses and/or platted lots located within a general residential district. Faux structures shall be designed to match a species of tree located within the existing cluster of trees in which a structure is proposed. i. A wireless support structure may be exempted from this requirement only by the Board of Commissioners as a condition of approval on the special use permit. The Tower is proposed to be of a monopole type. All antenna arrays on the Tower will be enclosed in a concealment shade, as reflected on Sheet C-4 of the Zoning Drawings. As a result of this Tower design proposal, as well as the dense existing vegetation surrounding the Tower in all cardinal directions, and the limited visibility of the Tower demonstrated by the Photographic Simulations, the Tower is effectively concealed from view from adjoining properties with only the top of the Tower visible from certain vantage points. d. Standards for Nonconforming Wireless Support Structures Any wireless support structure and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the wireless support structure and associated equipment may not conform with the provisions of this ordinance for the district in which it is located. Wireless support structures and associated equipment may only be enlarged and/or relocated if the enlarged or relocated wireless support structure: is considered an eligible facilities request, eliminates the need for an additional wireless support structure, provides additional collocation opportunities on the wireless support structure, or provides additional antenna space on the wireless support structure; and provided further than the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: EIP / The Cape Blvd. / Ordinance Responses - Narrative 1. Wireless support structure height may not be increased by more than 10 percent of the originally constructed structure height, except where either of the following is applicable: i. The district in which the wireless support structure is located would allow the increase by right, or ii. The wireless support structure was originally permitted as a special use permit and applicant obtains a special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. A wireless support structure shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setbacks does not exceed 10 percent of the originally constructed structure height and the relocated structure is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the structure where the resulting decrease in setback exceeds 10 percent of the originally constructed structure height shall require a special use permit or special use permit modification, as described in UDO Section 10.3.5, Special Use Permit. Not applicable.