42-347. Category One (1) or Two (2) Communication Facility Permits

1. Purpose. Category One (1) or Two (2) Communication Facility Permits are required for any construction, alteration or expansion of a communication facility of these categories.
2. Permit Issuance. 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. 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 with a communication facility site plan to the Communication Facilities Administrator. The application shall be filed on a form provided by the Communication Facilities Administrator. The applicant shall be notified within 15 days if the application is deemed incomplete. A full description of deficiencies shall be identified for the applicant with the understanding that if these deficiencies are cured, the application will be deemed complete. Incomplete applications must be resubmitted within ten (10) business days or will not be processed until the following month. 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. Applications for a Communication Facility Permit Two (2) 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 Two (2) to all owners of property immediately adjacent to the parcel containing the facility site and all owners of property within a 500 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 Communication Facility Permit Three (3) 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 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 Two (2) to all owners of property immediately adjacent to the parcel containing the facility site and all owners of property within a 500 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 Communication Facility Permit Three (3) 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.
      5. 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.
      6. 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.
      7. 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. Or the applicant can submit a fall zone letter, sealed by an engineer, identifying the towers specific fall radius. If applicants utilize the fall zone letter option, the applicant must also provide proof of liability insurance with a limit of liability of at least $1 million by the owner of the Communication Facility and submit an as-built certification of the Communication Facility, showing that the Communication Facility was built in accord with the design as certified by the engineer, for permit closeout.
   3. Review Schedule. None established.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
   5. Streamlined Collocation Process. Applications for collocation that meet the following requirements shall have a streamlined process.
      1. The collocation does not increase the overall height of the communication tower or wireless support structure to which the wireless facilities are attached;
      2. The collocation does not increase the ground space area approved in the communication facility site plan for equipment enclosures and ancillary facilities; and
      3. The wireless facilities in the proposed collocation comply with application regulations, restrictions, or conditions, if any applied to the initial wireless facilities placed on the communication tower or other wireless support structure.

Applications entitled to the streamlined process shall be reviewed for conformance with applicable building permit requirements, if any, but shall not otherwise be subject to zoning requirements, including design or placement requirements or public hearing review. 

1. Staff Review. The Communication Facilities Administrator shall process all applications for a permit and approve, approve conditionally or deny the approval of the application within 15 business days from the date the application is filed. If the permit application is denied, the Communication Facilities Administrator shall notify the applicant in writing stating the reasons for denial. Any denial shall be supported by substantial evidence and set forth reasons for denial with sufficient particularity that a reviewing authority may review the evidence supporting denial.
2. Formal Review. None required.
3. Permit Validity. Upon the issuance of a permit, the communication facility will be issued a 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.