Permitted use; application and fees.
Winston-Salem Code of Ordinances § 79-3
in effectSec. 79-3. - Permitted use; application and fees.
(a) Permitted use. Collocation of a small wireless facility that meets the height requirements of G.S. 160A-400.55(b)(2) shall be classified as a permitted use and subject only to administrative review under section 79-4 if it is collocated: (i) in a city right-of-way, within any zoning district or (ii) outside of city rights-of-way, on property zoned other than as single-family residential property.
(b) Permit required. No person shall place or collocate a small wireless facility in the public rights-of-way, without first filing the appropriate application and obtaining a permit therefore, except as otherwise provided in this chapter.
(c) Permit application. Applications for permits filed pursuant to this chapter shall be on a form, paper or electronic, provided by the city. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential," by clearly marking each page of such materials accordingly.
(d) Application requirements. Applications shall be made by the wireless provider or its duly authorized representative and shall contain the following:
(1) A sealed plan, prepared by a professional engineer, architect, landscape architect or other professional authorized to practice land development in North Carolina.
(2) The applicant's current name, address, telephone number, and e-mail address, as well as current contact information for responsible parties.
(3) All applications shall be submitted to the city's engineering records department, which shall be the sole source of communications to and from the city (other than when council or its committees consider an application).
(4) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
(5) A general description of the proposed work and the purposes and intent of the small wireless facility, provided that, per G.S. 160A-400.54(d)(2), a wireless provider shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers and provided, furthermore, that, pursuant to G.S. 160A-400.52(c), with respect to an application for the placement or construction of a new wireless support structure or the substantial modification of an existing wireless support structure, a wireless provider shall not be required to provide information pertaining to the wireless provider's designed service, customer demand for its service, the specific need for the wireless support structure, including whether the wireless support structure is intended to add additional wireless coverage or capacity, the quality of the wireless provider's service to or from a particular site or area, or any proprietary, confidential, or other business information to justify the need for the wireless support structure, including propagation maps and telecommunications traffic studies. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed.
(6) A site plan, with sufficient detail to show the proposed location of items the applicant seeks to install, modify, or collocate in the right-of-way, including any manholes or poles and the size, type, and depth of any conduit, enclosure, or other equipment.
(7) Provide certification that the wireless facilities, wireless support structures, any new or modified utility poles and city-owned poles, and all other system components will not interfere with any existing public or private utilities, public safety, and other systems.
(8) Provide certification that the small wireless facility, wireless support structure, and new or modified utility pole or city-owned pole shall comply with the city Code, the UDO, and all applicable codes, approved plans, and prior and existing conditions of approval.
(9) A wireless provider shall demonstrate and certify that they have or will have access to power at the site of the proposed wireless facility, wireless support structure, or new or modified utility pole or city-owned pole within 30 calendar days of the permit's issuance, and that power will be maintained to the site until the wireless facility is activated.
(10) An application must include an attestation that small wireless facilities will be collocated on the utility pole, city-owned pole, or wireless support structure within six months of approval, and that the small wireless facilities will be activated for use by a wireless services provider, in order to provide service, no later than one year from the permit issuance date, unless the city and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.
(11) An applicant seeking to collocate small wireless facilities at multiple locations within the city's jurisdiction shall be allowed, at the applicant's discretion, to file a consolidated application for no more than 25 separate facilities and receive a single permit for the collocation of all the small wireless facilities meeting the requirements of the chapter, applicable codes, the city Code, the UDO, and all other applicable federal and state laws and regulations. The city may remove small wireless facility collocations from a consolidated application and treat separately those for which incomplete information has been provided or which the city will deny. The city may issue a separate permit for each collocation the city approves.
(12) The applicant asserts, to the best of the applicant's knowledge, and under penalty of perjury, the truth of the information contained in the application.
(13) Photo depictions of the proposed installation, modification, or collocation from the four cardinal directions.
(14) Copies of any previously issued permits for the small wireless facilities, wireless support structures, utility poles, city-owned poles, or other components of the system.
(e) Permit conditions. A permit for the collocation of the small wireless facility shall provide that the collocation must commence (begin field construction) within six months of approval and that the small wireless facility shall be activated no later than one year from the permit issuance date, unless the city and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site. In addition, the applicant shall be required to obtain all otherwise applicable work permits including, by way of example and not by way of limitation, permits for work that will involve excavation in the right-of-way, affect traffic patterns or obstruct vehicular traffic in the right-of-way. All permits shall be conditioned on: (i) the applicant's continuous compliance with the city code, the UDO, and all applicable codes, approved plans, and prior and existing conditions of approval and (ii) the city's right to inspect and monitor the small wireless facility, wireless support structure, utility pole, and/or city-owned pole for compliance.
(f) Applicant. Applicant shall maintain compliance with the city Code, the UDO, all applicable codes, all approved plans, all prior and existing conditions of approval, and all other applicable laws, regulations, rules, and codes. The city shall have the right, but not the obligation, to inspect and monitor all small wireless facilities, wireless support structures, utility poles, and city-owned poles for compliance.
(g) Routine maintenance and replacement. An application shall not be required for: (i) routine maintenance or (ii) the replacement of a small wireless facility with another small wireless facility that is substantially similar or smaller in size, weight, and height, and that does not defeat or alter any concealment, stealth, or camouflage elements present on the small wireless facility.
(h) Information updates. Any amendment to information contained in an application shall be submitted, in writing, to the city within 30 days after the change necessitating the amendment. If the information is submitted before the application has been approved, the city shall have another 30 days from the date on which the new information was submitted to review the revised application.
(i) Fees. The fee for submitting an application shall be $100.00 per small wireless facility for the first five small wireless facilities addressed in an application, plus $50.00 for each additional small wireless facility addressed in the application.
(Ord. No. 29198, 8-21-17)
Source: City of Winston-Salem, North Carolina, Code of Ordinances, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH79SMWIFA_S79-3PEUSAPFEFetched: 11/1/2026