Wake Forest Unified Development Ordinance - July 2022

Supplemental Use Standards 3.11 Supplemental Use Standards – Infrastructure

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applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety, and welfare of the Town of Wake Forest. The Town hereby adopts the following policies and related procedures with respect to the submittal, review, approval, and issuance of permits or administratively granted authority for Wireless Telecommunications Facilities for the express purpose of achieving the policies and goals set forth herein: B. Applicability 1. Permit Required: No new support structure or Substantial co-location or Modification of a non-Eligible Facility shall be allowed without having first obtained a Special Use Permit. Each new support structure or Substantial modification or co- location of a carrier’s or other user’s equipment shall require the s ubmission of a WTF application and Development Permit application. 2. Responsibility for Compliance: At all times the owner of the property on which a WTF is located, and the owner of the WTF, shall each be responsible for assuring that the WTF is in compliance with this section and shall be held accountable for any violation of this section. 3. Existing Facilities: All legally permitted WTFs that existed on or before the effective date of this section shall be allowed to continue as they existed as of the effective date, provided however, that they were constructed and are operating as originally permitted. Any modification of an existing WTF (including co-locations) not previously permitted under this section will require the complete facility and any new installation to comply with this section, as will anything changing the structural load. a. Any previous work not properly permitted prior to the adoption of this Section must be permitted within ninety (90) days of the effective date of this Section. b. Any Substantial Co-location or Modification of a Facility, Tower, or other support structure or Complex, must be permitted under this Section and will require the entire Facility or Complex and any new Co-location or Modification to comply with this Section, including obtaining a valid Certificate of Completion. c. Any proposed Eligible Facility shall not require a permit granted under this Section but shall be required to obtain a Development Permit and Certificate of Completion. 4. Repair and Maintenance: Any repair and/or maintenance of a WTF that qualifies for treatment as an Eligible Facility does not require an application for a Special Use Permit but may require a Development Permit or other permits as required. 5. Exclusions: The following shall be exempt from this section: a. Any facilities expressly exempt from the town’s siting, building , and permitting authority. b. Any reception or transmission devises expressly exempted under the Telecommunications Act of 1996. c. When placing wireless facilities on government-owned property or facilities, only non-commercial wireless facilities are exempt from the permitting requirements of this section. d. Facilities used exclusively for private, non-commercial radio and television reception and private citizen’s bands, licensed amateur radio and other similar non - commercial telecommunications with a tower less than 60 feet in height. e. Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g., Bluetooth) where i) the facility does not require a new tower or increase the height, silhouette or profile of the structure being attached to ii) where the service is not to be used for commercial purposes;

Town of Wake Forest Unified Development Ordinance – July 19, 2022

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