Wake Forest Unified Development Ordinance - July 2022

Supplemental Use Standards 3.11 Supplemental Use Standards – Infrastructure


iii) where there is no fee or charge for the use of the service; and iv) where the service is intended to be useable for less than 200 feet.


Application Procedures 1.

Pre-Application Meeting Required: There shall be a pre-application meeting to address issues that will help to expedite the review and permitting process and certain issues or concerns the town may have. A pre-application meeting shall also include a site visit, if there has not been a prior site visit for the requested facility. 2. Retention of Expert Assistance Cost to be Borne by Applicant: The town may hire any consultant and/or expert necessary to assist the town in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any site inspections. Preference shall be given to those persons or organizations who i) have at least five (5) years experience working exclusively for the public sector regulating Towers and Wireless Facilities or negotiating leases for such facilities; ii) Wake Forest residents; and iii) firms who qualify as Minority and Women-owned Firms under applicable State and Federal guidelines. The cost of such shall be the responsibility of the applicant in accordance with the town’s adopted fee schedule. The payment of the expert assistance cost and the application fee to the town shall precede the pre-application meeting or any work being done as regards processing an application. The town will maintain an accounting for the hours expended in the review of the application. The town’s consultant/expert shall invoice the town for all time expended in its services. 3. Carrier Required for Application: Neither a Special Use Permit, Conditional District, nor a Development Permit shall be issued for construction of a new Tower or other support structure or for a Substantial Modification of such until there is a specific carrier with a written commitment to use the Facility if permitted that i) documents the technical need for the height requested to primarily and essentially serve the town; and ii) shows by clear and convincing evidence that co-location on an existing structure within the applicant ’ s search ring without resulting in a new structure or Substantial modification is not reasonably feasible. Co-location on an existing structure is not reasonably feasible if co- location is technically or commercially impracticable or the owner of the support structure is unwilling to enter into a contract for such use at fair market value. 4. Revocation: Special Use Permits for Wireless Telecommunications Facilities shall automatically be revoked if the physical construction of activity authorized by said permit has not commenced within 120 days of the date of issuance of the applicable permit. Failure to complete construction of a WTF within 90 days subsequent to issuance of a Development Permit shall result in revocation of the Development Permit unless prohibited from completion of such construction by an act of force majeure. 5. Responsible Party(s): The owner(s) of a Facility or Complex, any support structure used to accommodate wireless Facilities, and of the land upon which a Facility support structure or Complex is located, shall at all times be jointly and severally responsible for: (1) the physical and safe condition of the Facility or Complex, support structure and all components on the site related to the Facility or Complex; (2) assuring that all activities of owners, users, or lessees occurring on the site, and all components on the site related to the Facility or Complex, are at all times in compliance with all applicable laws, ordinances, rules, regulations, orders, and permits related to the Facility or Complex; and (3) assuring the proper permitting as required by this Article and other Town regulations by all lessees and users of the Facility or Complex, including but not limited to any upgrades and/or Modifications of equipment. Said owner(s) shall regularly and diligently monitor activities at the site to assure that the Facility or Complex is operated in compliance with this Ordinance, other Town regulations, and any Special Use Permit or Conditional District.

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


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