Wake Forest Unified Development Ordinance - July 2022

Supplemental Use Standards 3.11 Supplemental Use Standards – Infrastructure


2. Conditions for Removal: Under the following circumstances, the town may determine that the health, safety, and welfare interests of the town warrant and require the removal of Wireless Telecommunications Facilities: a. Abandonment (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365 day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days of abandonment; b. Disrepair such that it creates a health or safety hazard; c. Illegally located, constructed, or modified without first obtaining, or in a manner not authorized. 3. Notice of Removal Required: Notice of non-compliance shall be given to the property owner and the holder of the Special Use Permit for the Wireless Telecommunications Facilities within 48 hours that said Wireless Telecommunications Facilities are to be removed. Notwithstanding the preceding, the town may approve an interim temporary use agreement/permit, such as to enable the sale of the WTF. 4. Compliance with Removal Order: The Wireless Telecommunications Facilities, and all associated structures and facilities, shall be dismantled and removed from the site and the site shall be restored to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the town. Failure to comply the removal order may result in the removal of said facilities by the town at the sole expense of the property owner or Special Use Permit holder. If the town removes, or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful location within 10 days, then the town may take steps to declare the Wireless Telecommunications Facilities abandoned, and sell them and their components. 5. Temporary Use Permit Agreement: Notwithstanding anything in this section to the contrary, the town may approve a temporary use permit/agreement for the Wireless Telecommunications Facilities, for no more than 90 days, during which time a suitable plan for removal, conversion, or re-location of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Special Use Permit, subject to the approval of the town, and an agreement to such plan shall be executed by the holder of the Special Use Permit and the town. If such a plan is not developed, approved and executed within the 90 day time period, then the town may take possession of and dispose of the affected Wireless Telecommunications Facilities in the manner provided in this section and utilize the performance bond. A detailed narrative description and explanation of the specific objective(s) for the new facility, or the Substantial Modification of an existing wireless facility, expressly including and explaining the purpose and technical need of a specific, identified wireless carrier, such as coverage and/or capacity needs or requirements, and the specific geographic area of intended coverage; b. Technical documentation (and related modeling information and assumptions used) that proves the technical need for the WTF to provide service primarily and essentially within the town to the exclusion of all other alternatives; c. Application Requirements 1. Items Specific to the WTF Application (i.e. a new Facility) a. A copy of the required FCC 5 and 10 year build-out plan required by and filed with the FCC and specifically noting the status of compliance in terms of percentages served;


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


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