§42-349.
Category Three (3) Communication Facility Permits
A.
Purpose. Category Three (3) Communication Facility Permits are required for any construction, alteration
or expansion of a communication facility of this category. 
B.
Permit Issuance. The Zoning Board of Adjustment (ZBA) shall grant the permit and 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. No Communication
Facility Permit Three (3) shall be issued without the approval of the ZBA in accordance with the
requirements and procedures set forth in this subsection. The permitting process for communication permits
complies with NCGS 153A-349.51A, including all federal and state requirements, and should be
interpreted as such. 
C.
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 along with the appropriate fee(s), site
plan, statements, evidences and easement acquisition documents to the Communication Facilities
Administrator. Applications shall also include the following:
a.
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.
b.
Statement Regarding Collocation. A written statement, by the applicant, which indicates
willingness to allow future collocations, available at fair market value.
c.
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 Three (3) to all owners of property immediately adjacent
to the parcel containing the facility site, and all owners of property within a 1,000 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 permit 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. 
d.
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.
e.
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.
f.
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
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.
(3)
Review Schedule.  As per NCGS §62A-42, a written decision approving or denying the
application shall be given within 30 days in the case of collocation and modification applications,
and within 45 days in the case of other applications. This time shall be measured from the date the
application is deemed complete.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
D.
Staff Review. The Communication Facilities Administrator shall process and review all applications for a
permit and prepare a staff recommendation for the ZBA on the permit application. An application shall be
deemed complete unless the applicant is notified in writing within 15 days of submissions of the
  
application.  Specific deficiencies in the application must be identified and if cured the resubmission must
be deemed complete.
E.
Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Communication
Facilities Administrator’s recommendation on the permit application.
F.
Public Hearing. Prior to considering a communication facility permit application the ZBA shall hold a
public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards). 
G.
Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-
Judicial Process Standards). The Communication Facilities Administrator shall be responsible for all
necessary public notifications.
H.
Quasi-judicial Proceeding. The concurring vote of a majority of the ZBA shall be necessary to grant the
permit. As per NCGS §62A-42, a written decision approving or denying the application shall be given
within 30 days in the case of collocation and modification applications, and within 45 days in the case of
other applications.  This time shall be measured from the date the application is deemed complete.  
(1)
Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the
regulations of this Chapter that set forth specific standards for the communication facility have
been met. Any approval or denial of the request must be in writing and be permanently filed with
the office of the ZBA and with the Communication Facilities Administrator as a public record.
a.
Any decision denying an application must be supported by substantial evidence in the
record before the authority and must set forth the reasons for the denial with sufficient
particularity to allow a reviewing entity to review the evidence supporting the reasons for
denial.
b.
An authority may deny an application to construct a new wireless support structure based
upon an applicant’s unwillingness to evaluate the reasonable feasibility of collocating
new antennas and equipment on an existing structure within the applicant’s search ring
according to NCGS §62A-43
(2)
Conditions. The ZBA shall, in granting a permit, prescribe that required easement documents be
recorded and copies of said recorded easements be submitted to the Communication Facilities
Administrator.
I.
Permit Validity. Upon the approval of the ZBA and the submittal of recorded easements, the
Communication Facilities Administrator may issue the permit and the required County 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.
(1)
Permit Revocation. The Communication Facilities Administrator and/or ZBA may revoke a permit
for violations of any part of this Chapter. Failure to secure and record any of the required
easements shall be grounds for revocation. If the Communication Facilities Administrator finds a
communication facility to be in violation, he/she shall notify the applicant in writing, stating the
specific violations and setting reasonable time limits for corrective actions and subsequent
inspections. In the event that the applicant takes no action to correct violations, the
Communication Facilities Administrator shall notify him/her, by certified mail, that the permit
will be revoked at the close of ten (10) business days from the date of the written notice. Should
the applicant correct the violations prior to the permit being revoked, he shall request that the
Communication Facilities Administrator conduct an inspection. If the Communication Facilities
Administrator finds that the communication facility is no longer in violation, he/she shall notify
the applicant that the permit will continue to be valid. If the violations have not been remedied,
the permit shall be revoked. Where use of a communication facility is discontinued, such notice of
discontinuance shall be made in writing by the applicant and submitted to the Communication
Facilities Administrator; further, where the use of the communication facility is discontinued for a
12 month period, such permit shall be revoked. Such revocation and the reasons for such shall be
made in writing to the applicant.
(2)
Implications of Revoked Permit. Where a permit has been revoked:
a.
The operation of the communication facility shall be terminated, and the use may only be
reinstated upon application as in the case of a new matter.
  
b.
The applicant (facility owner/operator and/or site owner) shall not be allowed to
collocate any additional communication facilities at that site, erect another
communication facility or obtain any additional permits.
c.
The facility owner/operator and/or site owner shall be jointly and severally responsible
for the required removal of the communication facility within 180-days of receipt of
written notification of Communication Facility Permit Three (3) revocation.