HomeMy WebLinkAboutORD-2008-013 - Telecommunication Wireless Facility Zoning Ordinance AmendmentsAMENDMENTS TO THE
ORANGE COUNTY ZONING ORDINANCE
(Only those sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance
as follows:
Part I That Article 6 be amended as follows:
6.18 Telecommunications Towers and Equipment
The following regulations are designed to provide for the safe and efficient
integration of facilities necessary for the provision of advanced wireless
telecommunications services through the community with the goal of
establishing reliable wireless service to the public, governmental agencies,
and first responders in a manner that provides for the public safety and
general welfare of its citizens.
6.18.1 Administrative Approval of Certain Telecommunication Facilities
The following telecommunication facilities may be approved
administratively as specified herein:
a) New stealth telecommunications wireless support structures up to
seventy five (75) feet in height that are sufficiently disguised so as
to minimize visual impact; any wireless support structure less than
seventy -five (75) feet in height; any wireless support structure less
than one hundred fifty (150) feet in height that is located on
property that is owned or leased by Orange County; and any
wireless support structure less than one hundred fifty (150) feet in
height on which the owner of such facility permits the County to
collocate its wireless facilities on the structure at no charge to the
County when the location of such facility is of benefit to the County
as determined in the sole discretion of the County may be approved
administratively by the Planning Staff provided that all of the
provisions contained in Article 8.8.17a are met.
b) Applications for Collocation may be approved administratively as
provided for in this Ordinance.
A written decision approving or denying an application for
administrative approval of a telecommunication facility under
Section 6.18.1 shall be issued no later than forty -five (45) days
following the submission of a complete application.
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C) Collocation applications shall meet the following requirements in
order to be eligible for administrative approval under this Section
6.18.1:
1) The proposed additional facility will not increase the overall
height and width of the tower or wireless support structure to
which the wireless facilities are to be attached.
2) The proposed additional facility will not increase the ground
space approved in the site plan for equipment enclosures and
ancillary facilities.
3) The proposed additional facility will comply with applicable
regulations, restrictions, or conditions, if any, applied to the
initial wireless facilities placed on the tower or other wireless
support structure.
4) The proposed additional wireless facilities comply with all
federal, State, and local safety requirements.
5) The proposed additional facility does not exceed the applicable
weight limits for the wireless support structure.
d) All applications for telecommunication facilities that are eligible for
administrative approval must contain each of the following
components in order to be deemed complete:
1) Payment of all applicable fees required by Section 6.18.3(f) of
this Ordinance and engineering or consultant fees incurred by
the County in evaluating the application.
2) A signed statement from the applicant certifying that the
applicant's proposed Wireless support structure shall be
maintained in a safe manner, and in compliance with all
conditions of all applicable permits and authorizations, without
exception, as well as all applicable and permissible local codes,
ordinances, and regulations, including any and all applicable
County, State and Federal Laws, rules, and regulations.
3) A signed statement from the applicant certifying that the
applicant is duly authorized to do business in the State, and if
the applicant is a foreign entity, the application must contain a
certified copy of the entity's Certificate of Authority from the
office of the North Carolina Secretary of State.
4) A site plan prepared in accordance with Article XIV of this
Ordinance showing the footprint, location and dimensions of
access drives, landscaping and buffers, fencing as well as all
other requirements for site plans required by Article XIV.
5) Elevation drawings showing the vertical rendition of the
wireless support structure identifying all users, attachments, and
all related fixtures, structures, appurtenances and apparatus,
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including height above the lowest adjacent pre- existing grade,
materials, color and lighting and shielding.
6) The azimuth, size and centerline height location of all proposed
and existing antennas on the supporting structure.
7) The number, type and model of the antenna(s) proposed, along
with a copy of the specification sheet(s) for the antennas;
8) The age of the existing tower (if any) in years, including the
date of the grant of the original permit or authorization for the
existing tower;
9) A description of the type of wireless support structure, e.g.
guyed, self- supporting lattice or monopole;
10) The make, model, type and manufacturer of the wireless
support structure and the structural design calculations, certified
by a Professional Engineer licensed in the State, proving the
structure's capability to safely accommodate the facilities of the
applicant without change or modification, or if any change or
modification of the structure is needed, a detailed narrative
explaining what changes are needed, why they are needed and
what entity will be responsible to assure that the necessary
changes are made;
11) A copy of the installed foundation design, as well as a
geotechnical sub - surface soils investigation, evaluation report
and foundation recommendation for the support structure.
12) For a wireless support structure that is five (5) years old or
older, or for a guyed structure that is three (3) years old or older,
a copy of the latest ANSI Report done pursuant to the latest
edition of ANSI -EIAMA 222F — Annex E for any self- supporting
tower. If an ANSI report has not been done pursuant to the
preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be
issued for any wireless support structure where the structure
being attached to is in need of remediation, unless and until the
County Planning and Inspections Department has approved all
remediation work needed has been completed or a schedule for
the remediation work.
13) A Structural Report signed by a Professional Engineer
licensed to do business in the State and bearing that engineer's
currently valid stamp, showing the structural adequacy of the
wireless support structure to accommodate the proposed
modification or antenna array collocation, including any
equipment shelter, unless the equipment shelter is located on
the lowest floor of a building;
14) If attaching to a structure other than a tower or where the
proposed attachment is within thirty (30) feet of areas to which
the public has or could reasonably have or gain access to,
documentation shall be provided, including all calculations,
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proving that the potential exposure to RF radiation (i.e. Non -Ion
Emitting Radiation), will be comply with the most recent FCC
regulations governing RF radiation and exposure thereto, and
further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF
radiation in excess of the FCC's permitted standards and any
portion(s) of the structure that would be exposed to RF radiation
in excess of the FCC's permitted standards. Compliance with
the FCC's regulations, in such an instance the RF radiation from
all facilities at that location shall be included in the calculations
to show the cumulative effect on any area of the building or
structure deemed accessible by the public or workers. Such
report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
15) If the modification or antenna array Collocation is thirty (30)
feet or more above ground level, then a signed document such
as the FCC's "Checklist to Determine whether a Wireless
support structure may be Categorically Excluded" shall be
provided to verify that the modification or antenna array co-
location will fully comply with the current FCC's RF emissions
regulations. If not categorically excluded, a complete RF
emissions study is required to enable compliance verification,
including providing all calculations so that such may be verified
prior to issuance of a Building Permit;
16) If any section or portion of the structure to be attached to is
not in compliance with the FCC's regulations regarding RF
radiation, that section or portion must be barricaded with a
suitable barrier to discourage approaching into the area in
excess of the FCC's regulations, and be marked off with yellow
and black striped warning tape or a suitable warning barrier, as
well as placing RF radiation signs as needed and appropriate to
warn individuals of the potential danger;
17) A signed statement that the applicant will expeditiously
remedy any physical or RF interference with other
telecommunications or wireless devices or services caused by
the new installation.
18) The applicant shall provide a certification by a Professional
Engineer licensed in the State, along with documentation (a
structural analysis), including calculations, that prove that the
wireless support structure and its foundation as proposed to be
utilized are designed and were constructed to meet all County,
State, federal and ANSI structural requirements for loads,
including wind and ice loads and the placement of any
equipment on the roof a building after the addition of the
proposed new facilities.
19) Any application that proposes to locate a facility on County
owned or leased property shall contain a provision with respect
to indemnification. Such provision shall require the applicant, to
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the extent permitted by law, to at all times defend, indemnify,
protect, save, hold harmless, and exempt the County, and its
officers, boards, employees, committee members, attorneys,
agents, and consultants from any and all penalties, damages,
costs, or charges arising out of any and all claims, suits,
demands, causes of action, or award of damages, whether
compensatory or punitive, or expenses arising there from, either
at law or in equity, which might arise out of, or are caused by,
the placement, construction, erection, modification, location,
performance, use, operation, maintenance, repair, installation,
replacement, removal, or restoration of said facility, excepting,
however, any portion of such claims, suits, demands, causes of
action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the County, or its
servants or agents. With respect to the penalties, damages or
charges referenced herein, reasonable attorneys' fees,
consultants' fees, and expert witness fees are included in those
costs that the County can recover. Notwithstanding the
requirements noted above, an indemnification provision will not
be required in those instances where the County itself applies
for and secures a Special Use Permit for a wireless facility.
e) Applications for administrative approval of telecommunication
wireless facilities shall demonstrate compliance with the following
design criteria:
1) In order to protect the nature and character of the community
wherein the facility is proposed, and in order to create the least
visually intrusive impact reasonably possible, any antenna
attachment to a building or other structure with a facie shall be
mounted on the facie, unless it can be proven that such
attachment will prohibit or have the effect of prohibiting the
provision of wireless service, and all antenna attachments and
exposed cabling shall use camouflage or stealth techniques to
match as closely as possible the color and texture of the
building or other structure.
2) If an antenna is proposed to be attached to a water tank, then in
order to maintain the current profile and height of the tank, the
antenna mounting on the top of the tank or the use of a corral
shall only be permitted if the applicant can demonstrate that to
locate elsewhere will prohibit or have the effect of prohibiting the
provision of service.
3) So as to be the least visually intrusive wireless support structure
reasonably possible, and thereby have the least adverse visual
effect and create the least intrusive or lowest profile or visual
silhouette reasonably possible, all antennas attached to a tower
or other structure shall be flush mounted or as near to flush
mounted as is possible without prohibiting or having the effect of
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prohibiting the provision of service so as minimize the visual
profile of the antennas, or prove technically, with hard data and
a detailed narrative, that flush mounting can not be used and
would serve to prohibit or have the effect of prohibiting the
provision of service.
4) Unless the County deems it inappropriate or unnecessary, given
the facts and circumstances, the applicant shall demonstrate
and provide in writing and by drawing how it shall effectively
buffer and screen from view the base and all related equipment
and structures of the proposed wireless support structure up to
a height of ten (10) feet.
5) The wireless support structure and any and all accessory
facilities shall maximize the use of building materials, colors and
textures designed to blend with the structure to which it may be
affixed and to harmonize with the natural surroundings. This
shall include the utilization of stealth, camouflage or
concealment technology.
6) All utilities installed for a new wireless support structure shall be
installed underground and in compliance with all laws,
ordinances, rules and regulations of the County, including
specifically, but not limited to, the National Electrical Safety
Code and the National Electrical Code, where appropriate.
7) An access road, turn around space and parking shall be
provided to assure adequate emergency and service access to
the facility site. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road
construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow
natural contours to assure minimal visual disturbance and
reduce soil erosion and shall comply with any County or State
regulations for the construction of roads. If the current access
road or turn around space is deemed in disrepair or in need of
remedial work to make it serviceable and safe and in
compliance with any applicable regulations as determined at a
site visit, then the Application shall contain a commitment by the
applicant to remedy or restore the road or turn around space so
that it is serviceable and safe and in compliance with applicable
regulations.
f) In addition to the foregoing, and requirements of Section 6.18.4,
applicants applying for building permit permission to attach the first
antenna to an approved wireless support structure shall also
provide the following:
1) A detailed narrative description and explanation of the specific
objective(s) for the new facility, expressly including and
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explaining the purpose for the facility, such as coverage and /or
capacity, technical requirements, and the identified boundaries
of the specific geographic area of intended coverage;
2) Technical documentation demonstrating that the facility is
designed to provide the service type and service coverage
needed primarily within the County. Such documentation shall
include a propagation study of the proposed site and all
adjoining planned, proposed or existing sites, that demonstrates
a significant gap in coverage and /or, if a capacity issue is
involved, to include an analysis of the current and projected
usage (traffic studies) using generally accepted industry
methods and standards so as to conclusively prove the need for
what is proposed.
3) All of the modeling information used to produce the propagation
studies, including, but not limited to any assumptions made
about ambient tree height;
4) A copy of the FCC license applicable for the intended use of the
facility, as well as a copy of the five (5) and ten (10) year build -
out plan required by the FCC;
5) The frequency, modulation and class of service of radio or other
transmitting equipment;
6) The maximum transmission power capability of all radios, as
designed, if the applicant is a cellular or functional equivalent
carrier, or the maximum transmission power capability, as
designed, of all transmission facilities if the applicant is not a
cellular or functional equivalent carrier;
7) The actual intended transmission power stated as the maximum
effective radiated power (ERP), both in dBm's and watts;
8) A statement certifying that the facility and all attachments
thereto comply with the conditions of the approved Special Use
Permit.
9) The legal name, address, phone number, all necessary contact
information of the person preparing the application;
10)The name, address, phone number, and all necessary contact
information of the property owner, if the owner of the structure is
different than the applicant;
11)The postal address, tax map block and lot number, and parcel
identification number of the property;
12)A copy of the FCC license applicable for the intended use of the
facility.
13)The Zoning District and Watershed overlay in which the property
is situated; The area of the property on which the structure to be
attached to is located, stated both in square feet and acres and
perimeter lot line dimensions, and a survey showing the location
of all lot lines, metes and bounds, and all easements;
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14)The location, size and height of all existing and proposed
structures on the property on which the structure is located and
that is the subject of the Application;
6.18.2 Telecommunications wireless support structures and equipment as
principal or accessory uses
a) Telecommunications wireless support structures shall be permitted
as a principal or accessory use in all districts in accordance with the
provisions of this Ordinance as follows:
1) On property owned by the County or any public entity except
those designated as historic properties or sites. The County
may, in its sole discretion as the owner of the property,
authorize the application and use of County property after the
applicant executes a lease agreement acceptable to the County.
2) Telecommunications wireless support structures as part of
existing utility poles shall be permitted as an accessory use.
Towers shall be constructed as part of the existing utility poles
or as replacements for the existing utility poles. No freestanding
towers constructed exclusively for personal wireless services
shall be permitted within utility easements.
3) The placement of a new telecommunications wireless support
structures in any zoning district must be approved as a Special
Use, except as permitted in the Master Telecommunications
Plan ( "Plan ") or by Section 6.18.1 of this Ordinance.
b) Existing Telecommunications Wireless Support Structures
1) Telecommunications equipment as accessory uses may be
placed on existing wireless support structures in accordance
with the provisions of this Ordinance.
2) Notwithstanding the above provisions of Section 6.18,
telecommunications towers in existence as of December 10,
2002, may be replaced with a wireless support structure of
equal or less visual impact after approval by the County
Planning Director or his /her designee. However, if the proposed
new wireless support structure would not be consistent with the
minimum standards under Section 6.18, replacement must be
approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications wireless support
structures
a) Antenna types. To minimize adverse visual impacts, stealth
antenna types shall be preferred. If a non - stealth antenna is
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proposed, the application shall be required to demonstrate, in a
technical manner acceptable to the Planning Director or his /her
designee, why the stealth antenna (i.e. an antenna incorporated
into the architecture of the building or fully screened from view from
sight proximate to the antenna) cannot be used for the particular
application. This does not preclude a combination of the various
types of antennas.
Antenna dimensions. Antenna dimensions shall be subject to
approval by the Planning Director or his /her designee. A statement
shall be submitted, prepared by a professional engineer competent
to evaluate antenna choices, to certify the technical need for the
required dimensions.
b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication wireless support structure or antennas are in
compliance with FAA regulations. Where an antenna will not
exceed the highest point of the existing structure upon which it is to
be mounted, such evidence shall not be required.
c) Stealth rooftop or building mounted antennas not exceeding twenty
(20) feet above roofline of the building or support structure shall be
permitted in all zoning districts subject to the provisions of Section
6.18.3 d) 1 -5 stated below.
d) Building or rooftop stealth antennas shall be subject to the following
minimum standards:
1) No commercial advertising shall be allowed on an antenna;
2) No signals, lights, or illumination shall be permitted on an
antenna, unless required by the FCC or the FAA;
3) Any related unmanned equipment building shall not contain
more than six hundred (600) square feet of gross floor area per
user or be more than twelve (12) feet in height;
4) If the equipment building is located on the roof of the
building, the area of the equipment building shall not occupy
more than twenty -five (25) percent of the roof area, and shall
comply with all State of North Carolina Building Code
requirements for the proposed and existing building; and
5) Approval of the Planning Director or his /her designee to ensure
consistency with the definition of stealth facility is required.
Each application shall contain a rendering or photograph of the
antenna including, but not limited to, colors and screening
devices.
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e) Non - stealth rooftop or building mounted antennas shall not be
permitted not exceeding twenty (20) feet above the roofline of the
subject building or support structure and subject to the procedure
and requirements provided elsewhere in this Section. Building
rooftop non - stealth antennas shall be subject to the following
minimum standards:
1) Antennas shall only be permitted on buildings or structures that
are at least thirty -three feet (33) tall. Antennas may be placed
on buildings less than thirty -three feet (33) tall if public safety
needs warrant the antenna;
2) Antennas, and related equipment buildings, shall be located or
screened to minimize the visual impact of the antenna upon
adjacent properties and shall be of a material or color which
matches the exterior of the building or structure upon which it is
situated;
3) No commercial advertising shall be allowed on an antenna;
4) No signals, lights, or illumination shall be permitted on an
antenna, unless required by the FCC or the FAA;
5) Any related unmanned equipment building shall not contain
more than six hundred (600) square feet of gross floor area per
user or be more than twelve (12) feet in height;
6) If the equipment building is located on the roof of the building,
the area of the equipment building shall not occupy more than
twenty -five (25) percent of the roof area, and shall comply with
all State of North Carolina Building Code requirements for the
proposed and existing building;
7) Antennas may be located on poles owned or controlled by the
County or by a utility provider pursuant to the following
regulations:
a) The maximum height of the pole with antenna shall not
exceed seventy- (70) feet in height; and
b) The utility poles shall be located on public property, within
public easements, or public rights -of -way.
c) The antenna shall be of a size and placement that is
structurally compatible with the engineering design of the
pole pursuant to the North Carolina State Building Code and
attested to by a professional engineer licensed in the State
of North Carolina, and competent to evaluate antenna
choices.
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d) The antenna shall not extend more than ten (10) feet above
the existing pole height. If the pole is replaced to withstand
the addition of telecommunications equipment, then the
same restriction shall apply except that the utility pole may
be twenty (20) feet higher than the adjacent pole heights.
e) Placement of an antenna on a utility pole shall only be on
poles owned or operated by a public utility authorized to
operate in the County, a County franchisee, or Orange
County.
f) All relocation costs associated with any relocation of the
antenna necessitated by roadway or sidewalk improvements
shall be borne by the telecommunications provider.
f) Fees.
1) A filing fee as set by the Orange County Board of
Commissioners shall be paid upon application for a Building
Permit, Site Plan approval, or Special Use Permit. In addition,
an inspection fee is due the County at the time of future
inspections.
2) An engineering permit fee shall be paid if a pole is replaced to
accommodate telecommunications equipment.
3) Public land or right -of -way lease agreements will be established
by separate instrument.
6.18.4 Minimum Standards for Telecommunications Wireless Support
Structures Only Requiring a Building Permit
Prior to issuing a building permit for the collocation of an antenna array on
an existing facility, an applicant shall demonstrate that the collocation is
located appropriately on the facility with the overall goal being to preserve
the carrying capacity of the facility for future collocations and to minimize
the visual intrusiveness and impact, including the profile of the facility.
In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer's published specifications for the customer equipment. All
telecommunications wireless support structures must meet the following
minimum standards:
a) Prior to the issuance of a Building /Electrical Permit by the
Inspections Division, a site development plan prepared in
accordance with Article XIV shall be presented for approval to the
Planning Division. Each application for a proposed
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telecommunications tower shall include all requirements for site
development plan approval as required. Approval of the Planning
Director or his /her designee to verify consistency with the definition
of stealth facility is required. Each application shall contain a
rendering or photograph of the tower including, but not limited to,
colors and screening devices.
b) All telecommunications towers shall be placed in heavily wooded
areas on the site to the maximum extent possible so as to lessen
the visual intrusiveness of the structure and accessory structures.
A statement shall be submitted by the applicant stating how the
proposed tower will minimize visual intrusiveness to surrounding
properties in the area. Criteria that may be used for such evidence
may be height and type of existing trees surrounding the proposed
tower, and local topography.
c) A statement shall be submitted, prepared by a professional
engineer licensed in the State of North Carolina, which through
rational engineering analysis, certifies the tower's compliance with
applicable standards as set forth in the State of North Carolina
Building Code, and any associated regulations; and describes the
tower's capacity, including an example of the number and type of
antennas it can accommodate.
d) Applicants shall provide at time of application submittal:
1) The existing cell sites (latitude, longitude, power levels) to which
this proposed site will be a handoff candidate;
2) Propagation studies of the proposed site and showing all
adjoining planned, proposed, in- service or existing sites;
3) The search ring utilized in finding the proposed site;
4) The make, model and manufacturer of the tower and
antenna(s), antenna heights and power levels of proposed site;
5) The frequency, modulation and class of service of radio or other
transmitting equipment;
6) The actual intended transmission and the maximum effective
radiated power of the antenna(s);
7) The direction(s) of maximum lobes and associated radiation of
the antenna(s);
8) Certification that the NIER levels at the proposed site are within
the threshold levels adopted by the FCC;
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9) Certification that the proposed antenna(s) will not cause
interference with other telecommunications devices;
10)A written affidavit stating why "the proposed site is necessary for
their communications service" (e.g., for coverage, capacity,
hole - filling, etc.) and a statement that there are no existing
alternative sites within the provided search ring and there are no
alternative technologies available which could provide the
proposed telecommunications service need without the tower.
Certain of the above listed items may be required to be provided
on a propagation study data form to be provided by the County.
No tower shall be permitted to exceed its designed loading
capacity. For all wireless support structures attached to existing
structures, the statement shall include certification that the
structure can support the load superimposed from the wireless
support structure. All wireless support structures shall have the
capacity to permit multiple users; at a minimum monopole
wireless support structures shall be structurally designed to
accommodate four (4) users and self - support/lattice or guyed
wireless support structures shall, at a minimum accommodate
three (3) users.
e) Standards of evaluation.
1) A proposed tower shall not be permitted if it is not substantially
Necessary for the telecommunications service need identified
pursuant to Subsection d. (10) of this Section.
2) Tower height shall be measured from the base of the tower to
the highest point of the proposed antenna(s), with lightening
rod, to be located atop the tower structure.
3) Telecommunications towers shall conform with all of the
requirements of Sections 8.8.17a.1 a (a -g) and 8.8.17a.2 of the
Zoning Ordinance.
4) All towers shall be engineered to allow for collocations. No co-
locator shall be refused access for collocation by charging
exorbitant lease fees. Public safety provider collocations shall
take priority over other collocators.
5) A telecommunications consultant shall provide Planning Staff
assistance on exorbitant rate leases.
6) All wireless support structures shall satisfy all applicable public
safety, land use, or- zoning issues required in this Ordinance,
including aesthetics, landscaping, land -use based location
priorities, structural design, setbacks, and fall zones.
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7) Applicants shall evaluate the reasonable feasibility of collocating
new antennas and equipment on an existing structure or
structures within the applicant's search ring.
f) Tower Inspection.
1) Telecommunication tower owners shall submit a report to the
County Inspections Division certifying structural and electrical
integrity upon completion of the initial construction and at
intervals as specified in this Section
2) Inspection records shall be kept by the tower owner and made
available upon request to the Inspections Division during regular
business hours.
a) The following inspection schedule shall be followed except in
cases where a tower has no structures other than those
associated with telecommunication tower use located within
the tower's fall zone. At least once every thirty -six (36)
months, or thirty -six (36) months from the date of a co-
location approval, a structural engineer who is regularly
involved in the maintenance, inspection and /or erection of
telecommunications towers shall inspect the tower and
submit a report to the Inspections Division within a
reasonable time thereafter. At a minimum, this inspection
shall be conducted in accordance with the provisions of this
Ordinance and in accordance with the tower inspections
check list provided in the EIA -222 (as amended from time to
time). This is considered a major inspection review.
b) At least once every twelve (12) months, a visual inspection
from the ground shall be conducted by a properly trained
staff member of a tower provider or tower consultant and a
report shall be filed with the Inspections Division within a
reasonable time thereafter. This inspection shall include, but
shall not be limited to, visual inspection of tower foundations,
structures, guys, and connections for evidence of settlement
or later movement; soil erosion; condition of paint or
galvanizing; rust or corrosion, loose or missing bolts, loose
or corroded lightning protection connectors; tower
plumbness, significant variation in guy sags (i.e. tensions),
and other material areas or matters relating to the structural
integrity of the tower. This is considered a minor inspection
review.
c) In addition to the regularly scheduled major and minor
inspections set forth in paragraphs 1) and 2) above, a
minor inspection, at a minimum, will be conducted if the
tower or its appurtenances are noted at any time to be
visibly damaged. Additionally, a major inspection shall
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be conducted if the visible damage to the tower is
significant or when, after conducting a minor inspection,
significant questions remain about the structural integrity
of the tower.
3) The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity.
The owner of the telecommunication tower may be required
by the County to have more frequent inspections should
there be reason to believe that the electrical integrity of the
tower is jeopardized. The County reserves the right to
require additional inspections if there is evidence that the
tower has a safety problem or is exposed to extraordinary
conditions.
4) Structurally Unsafe or Unused Towers. Any tower found,
through inspection by the owner or by inspection of the
Inspections Division, to be structurally unsafe and cannot be
brought into compliance within one hundred and eighty (180)
days shall be removed at the owner's expense.
5) Compliance with Standards. Current or former EIA
standards shall apply to the addition of antennas or other
appurtenances to communications towers under the
following conditions:
a) Additions to towers constructed prior to the effective date
of this Ordinance, regardless of whether the additions are
accounted for in the original design, shall comply with the
current EIA standards, and the wind loading specified
therein. Additions to towers constructed subsequent to
the effective date of this Ordinance shall comply with
standards set forth elsewhere in this Section.
b) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
c) Replacement of antennas or other appurtenances shall at
a minimum comply with the EIA standard in existence at
the time the tower was erected if the replacement does
not add to the original design loading.
d) If a structural analysis shows a tower is not in compliance
with the appropriate EIA standards, the owner shall
submit an application to the Inspections Division with a
plan to bring the tower into compliance within six (6)
months.
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e) Analysis of Existing Towers. Within twelve (12) months
of the effective date of this Ordinance an analysis by a
North Carolina Licensed Professional Engineer (P.E.
Analysis) shall be performed on all towers in excess of
one hundred (100) feet in height and shall be submitted
to the Inspections Division. The analysis shall determine
the tower's compliance or lack thereof with the EIA
standard in effect at the time the tower was constructed
and when the most recent structural loading change was
made. For all towers less than six (6) years old, a current
existing P.E. analysis of the tower may be submitted in
lieu of the new P. E. analysis required above. If the
tower does not meet the aforementioned EIA standards,
the letter or existing P.E. analysis shall include the types
of modifications that would be required to bring the tower
up to standard. All existing towers shall be subject to the
annual electrical inspection conducted by the Inspections
Division including any associated inspection fees.
The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
6) Fees and charges.
a) A filing fee as set by the Board of County Commissioners
shall be paid upon application for a Building Permit, Site
Plan approval or Special Use Permit. In addition, an
inspection fee is due the County at the time of future
inspections. Such fees may reflect the County's fully
allocated costs, and shall not exceed such costs.
b) Public land or right -of -way lease agreements shall be
established by separate instrument and recorded prior to
the issuance of Building Permits.
c) Consultant Fee. An escrow account of an amount
determined by the Board of County Commissioners shall
be paid by check to Orange County to pay associated
consultant review fees during all phases of the
application review process. The Board of
Commissioners shall determine the amount of charges or
fees assessed to an applicant on account of an outside
consultant in advance and incorporate these charges and
fees into an application fee that is based on the
reasonable costs of the services the County incurs in
connection with the application review. The fees and
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charges paid by the applicant for the services of a
consultant shall not exceed what is usual and customary
for wireless facilities and support structures. The
foregoing does not prohibit the County from imposing
additional reasonable cost -based fees for the actual
costs incurred by the County for a consultant's review of
an application due to amendments or revisions to the
original application. The amount of the consultant .
charges incorporated into the application fee shall be
separately identified and disclosed to the applicant upon
request. A partial escrow payment of $1,000 shall be
submitted at the pre - application meeting to cover
associated consulting fees incurred prior to the formal
submittal of an application. The escrow amount required
at the formal application submittal shall be reduced by
the $1,000 partial payment amount. Any unused funds in
the account after either the approval of the Certificate of
Occupancy (CO), or the expiration of the Special Use
Permit approval, whichever is sooner, shall be returned
to the designated party.
6.18.5 Master Telecommunications Plan ( "Plan ")
The Plan will assist providers in their search for suitable locations to build
their service network. The County may develop the Plan (map), which
would display locations within the County's zoning jurisdiction where
property owners have expressed interest in allowing construction of
telecommunications equipment. Information that may be shown on the
base Plan will include: existing towers, major transmission lines, County -
defined Natural Areas, historic properties, scenic corridors, known bird
migratory patterns through the County, Voluntary Agricultural Districts, and
publicly -owned or quasi - public lands. In all cases, an interest in allowing
the placement of telecommunication equipment on the property /properties
shall have been expressed. In order to participate in the MTP all
owner(s), or their legally binding representatives, shall submit an
application on a form prepared by the Planning Department and meet the
following guidelines:
a) Information to be provided. All telecommunication providers who
elect to construct facilities on properties in the Plan shall provide all
necessary and requested information to the County's
telecommunications consultant.
b) Plan modification. After adoption of the initial Plan any subsequent
modification of the Plan may be considered annually at the
February Quarterly Public Hearing. Any applicant requesting
modification of the Plan shall make application to the Zoning Officer
on or before December 1 st of each year. The fee for modifying the
Plan shall be that as set forth in the Orange County Planning Fee
Schedule.
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c) Withdrawal from the Plan. Withdrawal from the Plan is permitted if
any owner submits, to the Planning Director, a notarized statement
requesting withdrawal from the Plan.
Part II That Article 8 be amended as follows:
8.4 Procedure For Submission and Consideration of Applications For
Approval of Special Uses.
8.4.1 Pre - Application Conference
a) Prior to the application being received as prescribed in Article 8.4.2,
the applicant must request a pre - application meeting with the Orange
County Planning Department. A sketch plan illustrating the location,
size and major design elements of the development of the site must
be submitted five (5) working days prior to the pre - application
meeting. The Planning Department may request that representatives
of other public agencies be present at the pre - application meeting.
These agencies may include, but not be limited to, the Orange
County Planning Board, the Orange County Recreation Department,
the Orange County Health Department, the municipalities of Chapel
Hill, Carrboro, Hillsborough, and Durham, the North Carolina
Department of Transportation, and Orange Water and Sewer
Authority.
b) Annual Telecommunications Projection Meeting (ATPM). In January
of each year the County shall hold a meeting of all carriers and tower
companies who have filed applications the previous year or anyone
who has expressed an interest in filing an application to construct a
facility within the County in order to develop a plan for facility
deployment within the County that provides reasonable coverage
based on the needs of the County and its residents, while minimizing
the number and intrusiveness of the facilities and the most efficient
facility site use. The County shall notify each party of the date, time
and place of the meeting no later than thirty (30) days prior to the
meeting at the last known address of the party and attendance shall
be expected from all parties desiring to locate wireless
telecommunication facilities within the County during the year.
Attendance at the ATPM is mandatory.
1) Prior to the acceptance of any applications for
Telecommunications Wireless Support Structures, a plan
indicating proposed search rings shall be submitted to the
Zoning Officer on or before December 31St of each year. The
purpose of the ATPM is to allow for a complete review of
collocation opportunities and address coverage issues. After all
site plans or search area plans are received, an ATPM shall be
scheduled by the Planning Department Staff during the month of
January with the providers. New applications for Class A
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Special Use Permits for telecommunications wireless support
structures will be reviewed twice per year at the County
Commissioners' May and November Public Hearings. New
applications for Class B Special Use Permits for
telecommunications wireless support structures will be reviewed
by the Board of Adjustment in accordance with the published
Board of Adjustment meeting schedule. No application will be
considered unless the proposed site was identified on either the
site plan or the search ring plan shown at the ATPM.
2) Formal applications for the May and November Public Hearings
by the County Commissioners, and meetings of the Board of
Adjustment, shall be submitted in accordance with the published
yearly calendar of meetings schedule.
3) Exceptions to the ATPM requirement as it applies to a particular
site may be allowed in the case of unforeseen events as defined
in Section 6.18 provided the applicant shall submit
documentation for review by the Orange County Development
Advisory Committee (DAC) that such a waiver is necessary.
The DAC shall make a determination on the waiver request and
notify the applicant within a reasonable time period.
4) As of the effective date of this Ordinance amendment, any
pending applications that have not received a zoning
compliance permit or a special use permit shall meet all
requirements of this Ordinance, including, but not limited to
submission deadlines, application standards and processing,
excluding the ATPM requirement.
8.8.17a Telecommunication Wireless support structures
Overall Policy and Desired Goals for Special Use Permits for
Telecommunications Wireless Support Structures.
The overall policy and desired goals for Special Use Permits for
telecommunications wireless support structures shall be promoting and
encouraging, wherever possible, alternatives to constructing new wireless
support structures, including but not limited to the collocation of wireless
telecommunications equipment and mitigating the visual effect of a
telecommunication wireless support structure to an extent not
commercially impracticable; promoting and encouraging, wherever
possible, the placement, height and quantity of wireless
telecommunications towers and equipment in such a manner, including
but not limited to the use of stealth technology or camouflage techniques,
to minimize adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally the
same area as the requested location of such telecommunications wireless
support structure, which shall mean using the least visually and physically
22
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
8.8.17a.1 Definitions
Words, terms and phrases, when used in this Section, shall have the
meanings ascribed to them as in Article 22.
8.8.17a.1 a Additional Information
In addition to the information required in Subsections 8.2 and 8.8, the
following shall be submitted as part of the application.
a) A Site Plan showing the entire site (including property boundary lines)
and size of all existing structures within five hundred (500) feet of the
site, existing and proposed structures on site, the fall zone of the
tower, existing and proposed topography at a contour interval of five
feet (5) and any officially designated floodways and floodplains, or the
presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of
the color and nature of all exterior material, along with the make,
model, and manufacturer of the proposed structure, maximum antenna
heights, and power levels.
c) A Landscape Plan showing, at the same scale as the Site Plan,
existing and proposed trees, plus shrubs, ground cover and other
landscape materials. This plan shall minimize adverse visual effects of
telecommunications wireless support structures and antennas through
careful design, siting, landscape screening and innovative
camouflaging techniques. Notwithstanding any other provision of this
article, to minimize adverse visual impacts associated with the
proliferation and clustering of telecommunications wireless support
structures, co- location of telecommunications equipment on existing or
new wireless support structures shall be encouraged.
d) Wireless support structures shall not be located within one -half (Y2)
mile of any existing monopole, lattice or guyed telecommunications
wireless support structure. An exception may be allowed when the
applicant can sufficiently demonstrate that: 1) appropriate space on the
existing telecommunication wireless support structure is not available;
or 2) the applicant has made good faith effort to negotiate an
agreement with the owner of the existing telecommunication wireless
support structure and has been unsuccessful, which must be
documented in writing; or 3) the telecommunication equipment on the
existing telecommunication wireless support structure is not compatible
with the proposed telecommunication equipment of the applicant; or 4)
adequate coverage by the applicant cannot be met at the location of
the existing telecommunication wireless support structure; or 5) the
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existing telecommunication wireless support structure cannot be
reasonably modified to accommodate additional co- location by the
applicant. Exceptions shall only be allowed after a thorough analysis
of the search area, provided by the applicant is performed by the
County's consultant or Staff, indicating that coverage is not possible on
an existing wireless support structure at the four - carrier capacity or
other user capacity that can be achieved. There must be an eighty
(80) percent approval vote of the deciding board for this specific finding
to pass the exception criteria.
e) Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure.
Such evidence shall consist of:
1) A listing of all telecommunications wireless support structure
within a two (2) mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility that
are technically feasible for utilization by the applicant to fill all or a
substantial portion of the telecommunications service need
identified by the Applicant pursuant to Subsection 6.18.4.d)(10).
Documents shall be submitted at the time of application filing that
indicates the applicant's ability or inability to co- locate on the
identified tower(s) and reasons why.
2) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as intended.
The following information shall be provided for all existing wireless
support structures within the search ring:
a) Telecommunication wireless support structure height;
b) Existing and planned wireless support structure users;
c) Whether the existing telecommunication wireless support
structure could accommodate the telecommunication
equipment to be attached to the proposed wireless support
structure without causing structural instability or radio
frequency interference;
d) If the proposed telecommunication equipment cannot be
accommodated on the existing telecommunication wireless
support structure, assess whether the existing wireless
support structure could be structurally strengthened or
whether the antennas transmitters and related equipment
could be protected from electromagnetic interference, and
generally describe the means and projected cost of shared
use of the existing wireless support structure;
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f) Any restrictions or limitations of the FCC or FAA that would
preclude the shared use of the wireless support structure;
g) Propagation studies of all adjoining planned, proposed, in-
service, or existing sites, and
h) Any additional information requested by the County.
3) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
f) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed
wireless support structure, such as lighting and coloring.
g) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of
twelve (12) months.
h) A listing of, and current tax map identifying, all property owners
within one thousand (1,000) feet of the parcel shall be provided.
Addressed, first class stamped envelopes to the property owners
shall be submitted with the application. Each property owner shall
be notified of the public hearing in accordance with Article 2.3.3.4
(Class B Special Use Permit) or Article 8.4.5 (Class A Special Use
Permit) of this Ordinance.
i) The applicant shall, at least six (6) weeks prior to a Class B Special
Use Permit public hearing and at least eleven (11) weeks prior to a
Class A Special Use Permit public hearing, conduct a balloon test
whereby the applicant shall arrange to fly, or raise upon a
temporary mast, a minimum of ten feet (10) in length, brightly
colored red or orange balloon at the maximum height of the
proposed new wireless support structure. The applicant shall mail
a notice of the dates (including a second date in case of poor
visibility, weather or atmospheric conditions on the initial date),
times, and location of the balloon test shall be mailed, by certified
mail, return receipt requested, by the applicant, to all persons
owning property within one thousand feet (1,000) of the subject
parcel no less than fourteen (14) days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests. The applicant
shall inform the County Planning Staff, in writing, of the dates and
times of the test at least fourteen (14) days in advance. The
balloon test shall be flown for at least four (4) consecutive hours
sometime between 10:00 A.M. and 2:00 P.M. on the dates chosen.
The primary date shall be on a weekend (excluding legal holidays),
but to prevent delays in the processing of the application, and in
25
case of poor weather or atmospheric conditions on the initial date,
the secondary date may be a weekday. A report containing any
comments received by the applicant in response to the balloon test
along with color photographs from various locations around the
balloon shall be provided with the application. The applicant, as
evidence that this requirement has been met, shall submit a
notarized statement and listing of the property owners notified of
the test, a copy of a current Orange County Tax Map showing the
subject property and all properties within the notification ring, and
copies of the certified mail returned receipts from the mail -out.
The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning
Staff. The signs shall measure no more than nine (9) square feet in
area and no less than four (4) square feet in area, giving the
contact information of the County Planning Department, the
proposed dates, times, and location of the balloon test. The signs
shall be posted to meet the same time limits as provided for in the
balloon test notification and as stated above. A notarized
statement that this requirement has been met is also required from
the applicant and shall be submitted at the time of the application.
Photographs of a clearly visible balloon floated at the proposed
tower location to the maximum height of the tower, as well as
photographs with the proposed tower and associated antennas
superimposed upon them showing what the proposed tower will
look like, shall be submitted at the time of the application.
Photographs shall be taken from locations such as: property lines,
and /or nearby residential areas, historic sites, roadways, including
scenic roads and major view corridors, and other locations as
deemed necessary by the Planning Staff to assess the visual
impact of the proposed tower. The visibility of the balloon to
adjacent properties and the surrounding area shall not constitute
sole justification of denial of a permit application, but is an
indication of what location on the site may be less visually intrusive.
j) The Special Use Permit application shall include a statement that
the facility and its equipment will comply with all federal, state and
local emission requirements.
k) All buildings and other structures to be located on the same zoning
lot as a telecommunication wireless support structure shall conform
with the setbacks established for the zoning district or as
established through the subdivision process, whichever is greater.
1) An Applicant may be required to submit an Environmental
Assessment Analysis and a Visual addendum. Based on the results
of the Analysis, including the Visual addendum, the County may
require submission of a more detailed visual analysis. The scope
of the required Environmental and Visual Assessment will be
reviewed at the pre - application meeting.
The Applicant shall furnish a Visual Impact Assessment, which shall
include:
A "Zone of Visibility Map" shall be provided in order to determine locations
from which the tower may be seen.
Panorama photo simulations of the proposed wireless support structure,
superimposed on the existing landscape, to scale, showing "before and
after" views including but not limited to State highways and other major
roads; State and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any
other location where the site is visible to a large number of visitors,
travelers or residents
An assessment of the visual impact of the wireless support structure
base, guy wires and accessory buildings from abutting and adjacent
properties and streets shall be considered to determine the need of
screening.
All Applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
Both the telecommunications wireless support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and /or to
harmonize with the natural surroundings, this shall include the utilization of
stealth technology as may required by the County.
At a telecommunications wireless support structure site, an access road,
turn around space and parking shall be provided to assure adequate
emergency and service access. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road
construction shall, at all times, minimize ground disturbance and the
cutting of vegetation. Road grades shall closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion.
The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
The facility and any and all accessory structures shall maximize the use of
building materials, colors and textures designed to blend with the structure
to which it may be affixed and to harmonize with the natural surroundings.
This shall include the utilization of stealth or camouflage or concealment
technology as the County may require.
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All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the County,
including specifically, but not limited to, the National Electrical Safety Code
and the National Electrical Code where appropriate.
A statement shall be submitted, prepared by a professional engineer
licensed in the State of North Carolina, which through rational engineering
analysis, certifies the tower's compliance with applicable standards as set
forth in the State of North Carolina Building Code, and any associated
regulations; and describes the tower's capacity, including an example of
the number and type of antennas it can accommodate.
All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including aesthetics,
landscaping, land -use based location priorities, structural design,
setbacks, and fall zones.
8.8.17a.2 Standards of Evaluation
The following specific standards shall be used in deciding upon an
application for approval:
a) Location of Wireless Support Structures. Applicants for facilities
shall locate, site and erect said facilities according to the following
priorities, in the following order:
1) On existing County -owned facilities without increasing the height of
the tower or structure.
2) On existing Facilities without increasing the height of the tower or
structure.
3) On County -owned properties or facilities.
4) On properties in areas zoned for commercial or industrial use.
5) On properties in areas zoned Agricultural Residential (AR).
6) On properties in areas zoned for residential use.
b) If an Applicant proposes to place telecommunications equipment at
a location that is not a preferred priority 1 site, then the Applicant
must provide a detailed explanation as.to why a higher priority site
is not proposed. The explanation shall be in the form of a written
report demonstrating the Applicant's review of the above locations
in order of priority and the reason(s) for the site selection. The
explanation shall, at a minimum, include the information required by
Subsection 8.8.17a.1 a.e).
c) The application shall not be approved unless it demonstrates that
the telecommunications equipment may not be sited at a higher
priority site because of commercial impracticability or because no
higher priority site is available that would serve to provide the
telecommunications service need identified by the Applicant as
provided for in Subsection 6.18.4 d)(10).
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d) An Applicant may not by -pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting co- location
shall not be a valid basis for any claim of commercial
impracticability.
e) Notwithstanding that a potential site may be situated in an area of
highest priority or highest available priority, an application shall not
be approved if it conflicts with the provisions and requirements of
this Ordinance.
f) Within or adjacent to residential zoning districts, minimum setbacks
from the base of the wireless support structure to the property
boundary shall be equal to 110% of the wireless support structure
height. If the wireless support structure is proposed as an
accessory use to a residential use, the setback shall be 110% of
the wireless support structure height from any residence or dwelling
unit on the subject property.
g) Adjacent to non - residential uses or non - residential zoning districts,
minimum setbacks from the base of the wireless support structure
to the property boundary shall be the greater of twenty (20) percent
of the tower height, or the minimum required setback.
h) A Type C Landscape Buffer shall be provided between the wireless
support structures and its accessory structures and adjoining
property /properties. Existing vegetation may be removed only to
the extent necessary to accommodate the wireless support
structures, equipment buildings, and support structures such as guy
wires. Plantings around the compound perimeter, outside of any
fence or wall, shall be composed entirely of fast growing evergreen
vegetation. New plantings and existing vegetation used for
screening shall be at least six (6) feet in height or greater at
planting. Proposed plantings (name, type, height) shall be shown
on the Landscape Plan for the facility. Landscaping shall provide a
screen on a year -round basis.
i) The site plan shall indicate a location for at least two equipment
buildings in addition to that proposed for use by the applicant. All
outdoor lighting not regulated by the FCC shall comply with the
Outdoor Lighting Standards set forth in Section 6.31 of the Zoning
Ordinance.
j) An eight foot (8) fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound. Fences
shall be required around guy wire tie downs as well. The fence or
wall may be placed around the perimeter of the facility to include
29
guy wire tie downs and associated equipment should the
applicant/owner wish to do so.
k) The telecommunications equipment planned for the proposed
wireless support structures cannot be accommodated on an
existing wireless support structures due to one or more of the
following reasons:
1) The planned equipment would exceed the structural capacity
of existing and approved wireless support structures,
considering existing and planned use of those wireless
support structures and the wireless support structures
cannot be reinforced to accommodate planned or equivalent
equipment at a reasonable cost.
2) The planned equipment would cause radio frequency
interference with other existing or planned equipment for
these wireless support structures, and the interference
cannot be prevented at a reasonable cost.
3) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can
function effectively and reasonably in parity with similar
existing or approved equipment.
4) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its
intended manner.
I) The communications tower is structurally designed to support
additional users as provided for in Section 6.18.4e )4, and the
Special Use Permit includes a statement that the owner of the
wireless support structure is willing to permit other user(s) to attach
communication equipment which do not interfere with the primary
purpose of the wireless support structure, provided that such other
users agree to negotiate a reasonable compensation to the owner
from such liability as may result from such attachment.
m) To minimize the number of antenna arrays and thus the visual
impact, the County may require the use of dual mode antennas to
be used, including by two different carriers, unless it can be proven
that such will not work technologically and that such would have the
effect of prohibiting the provision of service in the County.
Structures shall be galvanized and /or painted with a rust - preventive
paint of an appropriate color to harmonize with the surroundings.
All new or replacement antennas, except omni - directional whip
antennas, shall be flush- mounted or as close to flush- mounted as is
technologically possible on any facility, so long as such does not
have the effect of prohibiting the provision of service to the intended
30
service area, alone or in combination with another site(s), unless
the applicant can prove that it is technologically impracticable.
If attached to a building, all antennas shall be mounted on the facie
of the building and camouflaged so as to match the color and, if
possible, texture of the building or in a manner so as to make the
antennas as visually innocuous and undetectable as is possible
given the facts and circumstances involved.
n) The wireless support structures will not be artificially lighted unless
required by the FAA, FCC or other federal or state agency. Where
such agencies allow a choice between painting the tower or
installing strobe lighting, painting shall be the preferred choice.
If lighting is legally required or proposed, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and federal
regulations. For any Facility for which lighting is required under the
FAA's regulations, or that for any reason has lights attached, all
such lighting shall be affixed with technology that enables the light
to be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least twelve (12) degrees vertical for a distance of at
least one (1) mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
o) The tower and antenna will not result in a significant adverse
impact on the view of or from any historic site, scenic road, or major
view corridor.
Facilities, including antennas, towers and other supporting
structures, such as guy anchor points and wires, shall be made
inaccessible to individuals and constructed or shielded in such a
manner that they cannot be climbed or collided with; and
transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
To minimize the number of antenna arrays and thus the visual
impact, the County may require the use of dual mode antennas to
be used, including by two different carriers, unless it can be proven
that such will not work technologically and that such would have the
effect of prohibiting the provision of service in the County.
All new or replacement antennas, except omni - directional whip
antennas, shall be flush- mounted or as close to flush- mounted as is
technologically possible on any facility, so long as such does not
31
have the effect of prohibiting the provision of service to the intended
service area, alone or in combination with another site(s), unless
the applicant can prove that it is technologically impracticable.
If attached to a building, all antennas shall be mounted on the facie
of the building and camouflaged so as to match the color and, if
possible, texture of the building or in a manner so as to make the
antennas as visually innocuous and undetectable as is possible
given the facts and circumstances involved.
p) All abandoned communication wireless support structures shall be
removed within twelve (12) months of the cessation of use. A bond
or other security guaranteeing the removal of the tower in the event
that it is abandoned or unused for a period of twelve (12) months
shall be posted. A cost estimate shall be provided by a qualified
General Contractor licensed in the State of North Carolina. The
amount of the security shall be one hundred ten (110) percent of
the estimate.
q) A determination shall be made that the facility and its equipment
will comply with all federal, state and local emission requirements,
and the Special Use Permit shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
r) The Special Use Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements of
the FCC, regarding emission of electromagnetic radiation. Within
thirty (30) days of installation of equipment on the tower, and within
thirty (30) days of the installation of any additional equipment in the
future, the tower owner shall provide documentation of emission
levels in relation to FCC standards. In addition, the tower owner
must provide documentation of emission levels within five working
days if so requested by Orange County. Orange County may make
such requests at any time, not to exceed two (2) times per year.
s) High voltage and "No Trespassing" and other warning signs.
1) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures,
"HIGH VOLTAGE - DANGER" warning signs shall be
permanently attached to the fence or wall and shall be
spaced no more than forty (40) feet apart.
2) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more
than forty -(40) feet apart.
3) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6)
32
inches in height. The two (2) warning signs may be
combined into one (1) sign. The warning signs shall be
installed at least five (5) feet above the finished grade of the
fence.
4) The warning signs may be attached to freestanding poles if
the content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required)
shall be attached to the tower structure in compliance with
federal regulation.
5) Facilities shall contain a sign no larger than four (4) square
feet to provide adequate notification to persons in the
immediate area of the presence of RF radiation or to control
exposure to RF radiation within a given area. A sign of the
same size is also to be installed to contain the name(s) of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s). The sign shall be on the
equipment shelter or cabinet of the applicant and be visible
from the access point of the site and must identify the
equipment owner of the shelter or cabinet. On tower sites,
an FCC registration site, as applicable, is also to be present.
The signs shall not be lighted, unless applicable law, rule or
regulation requires lighting.
t) Equipment storage. Mobile or immobile equipment not used in
direct support of a tower facility shall not be stored or parked on the
site of the telecommunication tower, unless repairs to the tower are
being made.
u) Signs and advertising. The use of any portion of a tower for signs
or advertising purposes including company name, banners,
streamers, etc. shall be strictly prohibited.
8.8.17a.4. Removal of Wireless Support Structures and Facilities.
The owner of any facility shall be required to provide a minimum of thirty
(30) days written notice to the County Clerk prior to abandoning any
facility. Under the following circumstances, the County may determine
that the health, safety, and welfare interests of the County warrant and
require facility removal.
a) Facilities that have been abandoned (i.e. not used as facilities) for a
period exceeding ninety (90) consecutive days or a total of one
hundred - eighty (180) days in any three hundred -sixty five (365) day
period, except for periods caused by force majeure or Acts of God,
in which case, repair or removal shall commence within ninety (90)
days of abandonment;
33
b) Permitted facilities fall into such a state of disrepair that it creates a
health or safety hazard;
c) Facilities have been located, constructed, or modified without first
obtaining, or in a manner not authorized by, the required Special
Use Permit, or any other necessary authorization and the Special
Use Permit may be revoked.
If the County makes such a determination as noted above, then the
County shall notify the holder of the facility Special Use Permit within forty -
eight (48) hours that said facility shall be removed, the County may
approve an interim temporary use agreement/permit, such as to enable
the sale of the facility.
The holder of the Special Use Permit, or its successors or assigns, shall
dismantle and remove such facility, and all associated structures, from the
site and restore the site to as close to its original condition as is possible,
such restoration being limited only by physical or commercial
impracticability, within ninety (90) days of receipt of written notice from the
County. However, if the owner of the property upon which the facility are
located wishes to retain any access to the facility, the owner may do so
with the approval of the County.
If a facility is not removed or substantial progress has not been made to
remove the Facilities within ninety (90) days after the permit holder has
received notice, then the County may order officials or representatives of
the County to remove the facility at the sole expense of the owner or
Special Use Permit holder.
If the County removes, or causes to be removed a facility, and the facility
owner does not claim and remove it from the site to a lawful location within
ten (10) days, then the County may take steps to declare the facility
abandoned, and sell them and their components.
Notwithstanding anything in this Section to the contrary, the County may
approve a temporary use permit/agreement for the facility, for no more
than ninety (90) days, during which time the holder of the Special Use
Permit shall develop a suitable plan for facility removal, conversion, or re-
location, subject to the approval of the County, and the holder of the
Special Use Permit and the County shall execute an agreement to such
plan. If such a plan is not developed, approved and executed within the
ninety (90) day time period, then the County may take possession of and
dispose of the affected facility in the manner provided in this Section and
utilize the bond.
8.8.17a.4. Bond Security.
The applicant and the owner of record of any proposed facility property
site shall, at its cost and expense, be jointly required to execute and file
with the County a bond, or other form of security acceptable to the County
34
as to type of security and the form and manner of execution, in an amount
of at least $75,000.00 for a tower and with such sureties as are deemed
sufficient by the County to assure the faithful performance of the terms
and conditions of this Section and conditions of any Special Use Permit
issued pursuant to this Section. The full amount of the bond or security
shall remain in full force and effect throughout the term of the Special Use
Permit and /or until any necessary site restoration is completed to restore
the site to a condition comparable to that, which existed prior to the
issuance of the original Special Use Permit.
8.8.17a5. Liability Insurance.
A holder of a Special Use Permit for a wireless support structure shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the Special Use Permit in the following amounts:
a. Commercial General Liability covering personal injuries, death and
property damage: $1,000,000 per occurrence /$2,000,000
aggregate; and
b. Automobile Coverage: $1,000,000.00 per occurrence/ $2,000,000
aggregate; and
c. A $3,000,000 Umbrella coverage; and
d. Workers Compensation and Disability: Statutory amounts.
For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as an
additional insured. The insurance policies shall be issued by an agent or
representative of an insurance company licensed to do business in the
State and with a Best's rating of at least A. The insurance policies shall
contain an endorsement obligating the insurance company to furnish the
County with at least thirty (30) days prior written notice in advance of the
cancellation of the insurance. Renewal or replacement policies or
certificates shall be delivered to the County at least fifteen (15) days
before the expiration of the insurance that such policies are to renew or
replace.
Before construction of a permitted facility is initiated, but in no case later
than fifteen (15) days prior to the grant of the building permit, the holder of
the Special Use Permit shall deliver to the County a copy of each of the
policies or certificates representing the insurance in the required amounts.
A Certificate of Insurance that states that it is for informational purposes
only and does not confer rights upon the County shall not be deemed to
comply with this Section.
PART III. That Article 22 Definitions be amended by creating a new Section
entitles Definitions — Telecommunication Facilities to read as
follows:
35
Definitions — Telecommunication Facilities: The following terms
concerning telecommunication wireless support structures as contained
within Article 6 and Article 8 of this Ordinance shall be defined as follows:
Accessory Use — A use incidental to, subordinate to, and subservient to
the principal use of the property. As defined in this section an accessory
use is a secondary use.
Antenna — A system of electrical conductor communications equipment
that transmits and /or receives electromagnetic radio signals used in the
provision of all types of wireless communications services.
Applicant — Any wireless service provider or wireless support structure
owner submitting an application for a wireless facility.
Application — A formal request, containing all necessary and required
documentation, submitted to Orange County to construct or modify a
wireless support structure or a wireless facility.
Board — The Orange County Board of County Commissioners.
Building Code — The most recently adopted or amended edition of the
North Carolina State Building Code.
Building permit — An official Orange County administrative authorization to
begin construction consistent with the provisions of G.S. 153A -357.
Collocation —The installation of new wireless facilities on previously
approved structures, including wireless support structures, buildings, utility
poles, and water tanks.
Commercial Impracticability or Commercially Impracticable — The inability
to perform an act on terms that are reasonable in commerce; the cause or
occurrence of which could not have been reasonably anticipated or
foreseen and that jeopardizes the financial efficacy of the project. The
inability to achieve a particular financial return on investment or profit,
standing alone, and for a single site, shall not deem a situation to be
commercially impracticable and shall not render an act or the terms of an
agreement commercially impractical.
EIA -222 — Electronics Industries Association Standard 222 (Structural
Standards for Steel Antenna Wireless support structures and Antenna
Support Structures).
Equipment enclosure — An enclosed structure, cabinet, or shelter used to
contain radio or other equipment necessary for the transmission or
reception of wireless communication signals.
36
Existing Structure /Building — For purposes of this Section, any building or
structure that currently exist on a parcel of land. Such structures may
include, but shall not be limited to, telecommunications wireless support
structures, overhead transmission line support structures, water tanks,
silos, churches, schools, and utility poles.
Extraordinary Conditions — Conditions subsequent to a hurricane, flood,
tornado, or other natural or other disaster.
FAA — The Federal Aviation Administration or its duly designated and
authorized successor agency.
FCC — The Federal Communications Commission or its duly designated
and authorized successor agency.
Fall Zone — The area in which a wireless support structure may be
expected to fall in the event of a structural failure, as measured by
engineering standards.
Guyed Wireless support structure — A telecommunication wireless support
structure that is supported, in whole or in part, by guy wires and ground
anchors.
Height — When referring to a wireless support structure, the distance
measured from the pre- existing grade level to the highest point on the
structure, including any antenna or lightening protection device.
Inspections Division — A division of the Orange County Planning and
Inspections Department.
Master Telecommunications Plan ( "Plan ") — A plan developed for Orange
County by the County's Planning Department that shows properties where
owners have expressed interest in allowing the placement of
telecommunications wireless support structures provided that all
applicable federal, state, and local regulations are met. Information that
may be shown on the plan will include existing wireless support structures,
County defined Natural Areas, historic properties, scenic corridors, all
major electrical lines, Voluntary Agricultural Districts, existing
telecommunication wireless support structures, known bird migratory
patterns through the County and all public and quasi - public properties that
may allow telecommunication facilities. The Plan will be for purposes of
disclosing information to telecommunication providers when they are
seeking to establish their telecommunication networks in the County.
Microwave dish antenna — A dish -like antenna used to link wireless
service sites together by wireless transmission of voice or data.
Modification or Modify — The addition, removal, or change of any of the
physical and visually discernable components or aspects of a wireless
37
facility or support structure, such as antennas, cabling, equipment
shelters, landscaping, fencing, utility feeds, changing the color or materials
or any visually discernable components, vehicular access, parking and /or
an upgrade or change -out of equipment for better or more modern
equipment. Adding a new wireless carrier or service provider to a wireless
support structure as a collocation is a modification.
Monopole Wireless support structure — A telecommunication wireless
support structure consisting of a single pole or spire self supported by a
permanent foundation, constructed without guy wires and ground anchors.
Necessary — What is technologically required for the equipment to function
as designed by the manufacturer and that anything less will result in
prohibiting or acting in a manner that prohibits the provision of service as
intended and described in the application.
NIER — Non - Ionizing Electromagnetic Radiation.
Panel Antenna — An inconspicuous, relatively flat, square or rectangular
antenna designed to be affixed to the wall of a building or structure in
order to receive and transmit signals from a telecommunication device.
Personal Wireless Services (PWS) or Personal Telecommunications
Service (PTS) shall have the same meaning as defined and used in the
1996 Telecommunications Act.
Repairs and maintenance —The replacement or repair of any components
of a wireless facility where the replacement is identical to the component
being replaced or for any matters that involve the normal repair and
maintenance of a wireless facility without the addition, removal or change
of any of the physical or visually discernable components or aspects of a
wireless facility that will add to the visible appearance of the facility as
originally permitted, but does not constitute a modification to a wireless
facility or support structure.
Roofline — The overall ridgeline of the structure, not including cupolas,
elevator towers, clock towers or other similar features.
Search ring -- The area within which a wireless support structure must be
located in order to meet service objectives of the wireless service provider
using the wireless facility or ireless support structure.
Self- Support/Lattice Wireless support structure — A tapered structure
broad at the base and narrower at the top consisting of cross - members
and diagonal bracing and without guyed support.
State — The State of North Carolina.
Stealth or Stealth Technology — A design or treatment that minimizes
adverse aesthetic and visual impacts on the land, property, buildings, and
38
other facilities adjacent to, surrounding, and in generally the same area as
the requested location of such wireless support structures, which shall
mean building the least visually and physically intrusive facility that is not
technologically or commercially impracticable under the facts and
circumstances. Stealth technology includes such technology as
Distributed Antenna System (DAS) or its functional equivalent or
camouflage where the structure is disguised to make it less visually
obtrusive and not recognized to the average person as a wireless support
structure.
Telecommunication Equipment — Equipment, which is located either upon
a telecommunication tower or a structure and includes some form of
antenna for the purpose of transmitting and receiving wireless services.
Wireless Facility Stealth — A wireless support structure designed using
stealth technology such that its primary purpose is, or visually appears to
be, something other than the support of telecommunications equipment,
the apparent purpose of the wireless support structure is customarily
considered as accessory to a use that is allowed in the zoning district, and
the structure and its primary use comply with the Orange County Zoning
Ordinance.
Utility pole — A structure that is designed for and used to carry lines,
cables, or wires for telephone, cable television, or electricity, or to provide
lighting.
Unforeseen Events — Condemnations of existing telecommunications
wireless support structures for road projects, casualty of existing
telecommunications wireless support structures, blocking of signals from
new construction necessitating a relocation of a telecommunication
wireless support structure, or the need to replace an existing
telecommunication wireless support structure for capacity issues, or for
other reasons deemed necessary by the County Planning Director or
his /her designee.
Whip Antenna — A cylindrical antenna that transmits and /or receives
signals in three hundred sixty (360) degrees.
Wireless facility — The set of equipment and network components,
exclusive of the underlying support structure or tower, including antennas,
transmitters, receivers base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and
telecommunications services to a discrete geographic area. This may
also be referred to as a Personal Wireless Facility.
Wireless support structure — A new or existing structure, such as a
monopole, lattice, or guyed tower that is designed to support or capable or
supporting wireless facilities. A utility pole is not a wireless support
structure.
39
Wireless Telecommunications Facility (WTF) includes both
Telecommunications Site and Personal Wireless Facility — A structure,
facility or location designed, or intended to be used as, or used to support
antennas or other transmitting or receiving devises. This includes without
limit wireless support structures of all types, kinds and structures,
including, but not limited to buildings, church steeples, silos, water towers,
signs or other structures that can be used as a support structure for
antennas or the functional equivalent of such. If further includes all related
facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended
for transmitting and /or receiving radio, television, cellular, SMR, paging,
911, personal communications services (PCS), commercial satellite
services, microwave services, and any commercial wireless
telecommunication service not licensed by the FCC.
This Ordinance shall be effective upon adoption. Adopted this the Third day of June
20¢x, upon motion of Commissioner , seconded by Commissioner
t'
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on June 3, 2008 as relates in any way
to the adoption of the foregoing and that said proceedings are recorded in the minutes
of said Board.
2008. WITNESS my hand and the seal of s id Coun y, this day of ,
Clerk to the Board om issioners
d/QAD -.�TaGF-o t 3
A,A,4 roa Pd L -0 - j!5S
/f ct Q
Commissioner Carey said that the meeting on August 19th will be loaded as well, and
the Board would have to discuss it at a subsequent meeting, which would push the timing out
even further.
Chair Jacobs said that the deadline for getting this on the November ballot is August
29tH The next meeting after August 19th is in September. He suggested putting this on the
agenda for June 24th for discussion.
Z. Zoning Ordinance Text Amendment: Planned Development Review and
Approval Procedures
The Board considered accepting additional evidence, if any; accepting the Planning
Board recommendation; closing the public hearing; and adopting the proposed amendments to
several provisions contained within "Article Seven (7) Planned Development' of the Zoning
Ordinance.
Commissioner Gordon said that she removed this item because it does not really lend
itself to being on the consent agenda.
Geof Gledhill said that the public hearing is closed on these two text amendments and
the Planning Board's recommendation is included.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
approve administration's recommendation to accept the Planning Board recommendation and
adopt the proposed amendments to the Zoning Ordinance pertaining to Planned Development
review and approval procedures.
VOTE: UNANIMOUS
aa. Zoning Ordinance Text Amendment: Telecommunication Wireless Facility
The Board considered accepting additional evidence, if any; accepting the Planning
Board recommendation; to closing the public hearing; and adopting the proposed amendments
to four sections /articles of the Orange County Zoning Ordinance concerning the review,
approval, and development of telecommunication wireless facilities.
Commissioner Gordon noted that the legislature made changes. She asked if this was
all that was changed and if anything had changed in scope and Craig Benedict said no.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
accept additional evidence, if any; accept the Planning Board recommendation; to close the
public hearing; and to adopt the proposed amendments to four sections /articles of the Orange
County Zoning Ordinance concerning the review, approval, and development of
telecommunication wireless facilities.
VOTE: UNANIMOUS
bb. Request to Schedule a Public Hearing for June 24, 2008 on SUP- A -2 -08
Farm Montessori School Application
The Board considered scheduling a public hearing for the June 24, 2008 regular
meeting to review the SUP- A -2 -08 Farm Montessori School application.
Commissioner Gordon said that the notice was defective last month, and she
understands the urgency of getting this back on, but asked if there would be time to consider
it, since the June 24th meeting will have a full agenda..
Chair Jacobs said that the Board would deal with this that night and try to keep
comments to a minimum. He said that it would be a shame to penalize the applicant since a
mistake was made.
ORANGE COUNTY
BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: February 25, 2008
,ode -ol,:5
FW ,;z _ . -jr
Action Agenda
Item No.C.-A
SUBJECT: Telecommunication Wireless Facility Zoning'Ordinance Amendments
DEPARTMENT: Planning and Inspections. PUBLIC HEARING: (YIN) - Yes
ATTACHMENT:
A Resolution and Ordinance to Revise the
Orange County Telecommunication
Facilities Regulations
c •ate
INFORMATION CONTACT:
Craig Benedict, Planning Director, 245 2592
Glenn Bowles, Planner II, 245 2577
PURPOSE: To receive public comments concerning proposed amendments to four
sections /articles of the Orange County Zoning Ordinance concerning the review, approval, and
development of telecommunication wireless facilities.
BACKGROUND: Staff has determined that changes made to Chapter 153A of the NC General
Statutes during the 2007 legislative session have created a discrepancy between the County's
current Zoning Ordinance and State statutes regarding the regulation and approval of
telecommunication wireless facilities.
State regulations, specifically NCGS 153A- 349.52, were modified as follows:
1. Allow for the approval of new towers without an evaluation of an applicant's business
decisions concerning designed service, customer demand for its service, or the quality of
its service to, or from, a particular area or site. In other words, "spec." towers, if they
meet all other standards, cannot be denied. [However, no building permit for the tower
has to be issued without an identified service provider.]
2. Require that Special Use Permits be valid for at least two (2) years.
3. Establish a streamlined process to be applied to all collocation processes.
4. Not include requirements relating to radio frequency emissions of wireless facilities as a
public safety issue for county review.
5. Require that consulting fees and other county charges associated with a
telecommunication wireless facility be based on the costs of services provided and such
costs shall no exceed what is usual and customary with this issue and shall be fixed in
advance.
6. Revise several of the basic definitions used for telecommunication wireless facilities.
In reviewing these changes, staff has determined that the current review and approval process
governing telecommunication wireless facilities needs revision in order to be complaint with
current State law. Staff proposes to amend the existing sections of the Ordinance as proposed
on Attachment 1 in order to address this discrepancy.
The proposed amendments address the six (6) items listed above and, on the advice of our
telecommunications consultant, address the following additional issues:
1. Comprehensive informational requirements,
2. Comprehensive standards for evaluation,
3. Listing of facilities not requiring a Special Use Permit,
4: The intent of the annual meeting,
5. Detailed information for review,
6. Improve balloon test requirements, and
7. Detailed requirements of approval
It should be noted that a pre - application meeting for two (2) new towers, which will require Class
"B" Special' Use Permits from the Board of Adjustment, was conducted on January 4, 2008.
The required balloon tests- are scheduled from the second and third week of February. A formal
submittal for both telecommunication facilities is expected sometime in early March.
This proposed amendment is extremely critical to ensure that we are adhering to proper
procedure when reviewing /taking action on these applications.
FINANCIAL IMPACT: There is no direct economic impact. Staff time has been accounted . for in
the departmental budget.
Any new application under these Zoning Ordinance amendments will require a fee, which will
re- imburse the County for staff time required to receive, process, and present the application to
the appropriate board or boards.
RECOMMENDATION: The Manager recommends that the Board:
1. Receive the proposed amendments,
2. Conduct the Public Hearing to solicit and consider public input on the proposal,
3. Forward the matter to the Planning Board for review and comment with a request that a
recommendation be submitted back to the BOCC no later than April 2, 2008.
AMENDMENTS TO THE
ORANGE COUNTY.ZONING ORDINANCE
(Only those sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance
by-adding (indicated by double underlined language) and deleting (indicated by stricken
through language) as follows:
Part I That Article Six (6) be amended as follows:
6.18 Telecommunications Towers and Equipment
and first responders in a manner that provides for the public safety and
general welfare of its citizens .
-Cl �n this; Sertion, shall have
the meanings ee.nrihed fe them in fhiq- Qeefiern eveenf where -the eenfe)d eleerl..
rr�v —rte �v ,
f t ano subservient te 03-
ff-epei:ty. As defined in this sertieR an aGresseFy use is a
se66r� 6e.
waves, .Ant-penna A transmitting aa&ei: Feeeh;ing deviGe used f9F wireless servires that
radiates or GaptWes qtlG f SUGh
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state
Building Code The me-st. re-e-zenttly adopted Warnended- edition of the North
on oRe qualified shared faGility at one sate.
f the Gause -of
alone, The inability te aGhieve a paFtigu* fiRaRGial return on investment go profit,
standing shall not deem a situation to be m-Mme-mially impFa(AGable.
W A -:2:22 — r=1t%ntr-nm%Gs industries AsseGiation Standard 2.92 (StFUGtUFal SAARdnrdA
for Steel ApAeF;na Towers and Antenna Support StFuGtures)�r
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6.18.1 Administrative Approval of ertain
Telecommunication Facilities €me
The following telecommunication facilities may be approved administratively as
specified herein:
a. )—New stealth telecommunications #ewers wireless support structures'up to
seventy five (75') feet in height that are sufficiently disguised so as to
minimize visual impact,t any wireless support structure less than seventy-
eased by Orange County: and any wireless support structure less than
one undred fifty (150') feet in height on which the owner of such facility
permits the County to collocate its wireless facilities on the structure at no
charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County may be
approved administratively by the Planning Staff provided that all of the
provisions contained in Article 8.8.17a are met.
b) Applications for Collocation TTTe- lasement of teleGemmuni^^fien
trurtWes may be approved administratively as
provided for in this ordinance.
complete application.
C) Collocation applications. shall meet the following requirements in
order to be eligible for administrative approval under this Section
6.18.1:
1) The proposed additional facility will not increase the overall
2) The proposed additional facilitv will not increase the around
space approved in the site plan for equipment enclosures and
ancillary facilities.
3) The proposed additional facility will comply with applicable
regulations, restrictions, or conditions, if any, applied .to the
initial wireless facilities placed on the tower or other wireless
support structure.
4) The proposed additional wireless facilities comply with all
ederal. State, and local safety requirements.
5) The proposed additional facility does not exceed the applicable
weight limits foi the wireless support structure.
d) All 'applications for telecommunication facilities that are eligible for
administrative approval must contain each of the following comments-:0
order to be deemed complete:
-I • .•• r• - -- -• -• • - •1 j •
Ordinance • engineering or • fees-incurred by - •
evaluating in the application.
2) A signed statement from the applicant certifying that the applicant's
proposed Wireless support structure shall be maintained in a
safe manner, and in compliance with all conditions of all
applicable permits and authorizations, without exception. as well
as all applicable and permissible local codes, ordinances, and
regulations, including any and all applicable County. State and
Federal Laws, rules, and regulations.
31 A signed statement from the applicant certifying that the
applicant is duly authorized to do business in the State. and if
the applicant is a foreign entity, the application must contain a
certified copy of the entity's Certificate of Authority from the
office of the North Carolina Secretary of State.
4)A site plan prepared in accordance with Article MV of this
Ordinance showing the footprint, location and dimensions of
access drives, landscaping and buffers, fencing as well as all
other requirements for site plans required by Article XIV,
5) Elevation drawings showing the vertical rendition of the wireless
support structure identifying all users, attachments. and all
related fixtures, structures, appurtenances and apparatus .
including height above the lowest adjacent pre - existing _grade .
materials, color and lighting and shielding.
6)The azimuth, size and centerline height location of all proposed
and existing antennas on the supporting structure.
7)The number, type and model of the antenna(s) proposed, along
with a copy of the specification sheet(s) for the antennas:
8)The age of the existing tower (if any) in years. including the date
of the grant of the original permit or authorization for the existing
tower:
9)A description of the type of wireless support structure. e.a.
guyed, self - supporting lattice or monopole:
10) The make, model. type and manufacturer of the wireless
support structure and the structural design calculations. certified
by a Professional Engineer licensed in the State, proving the
structure's capability to safely accommodate the facilities of the
applicant without change or modification, or if any change or
modification of the structure is needed, a detailed narrative
changes are made:
12) For a wireless support structure that is five (5) years old or
older, or for a guyed structure that is three (3) years old or older,
a copy of the latest ANSI Report done pursuant to the latest
edition of ANSI- EIA/TIA 222F — Annex E for any self - supp orting
tower. If an ANSI report has not been done pursuant to the
preceding schedule. an ANSI report shall be done an
submitted as part of the application. No Building Permit shall be
issued for any wireless support structure where the structure
being attached to is in need of remediation, unless and until the
County Planning and Inspections Department has approved all.
131 A Structural Report signed by a Professional Engineer
licensed to do business in the State and bearing that engineer's
currently valid stamp, showing the structural adequacy of the
wireless support structure to accommodate the proposed
the lowest floor of a building;
14) If attachina to a structure other than a tower or where the
proposed attachment is within thirty (30') feet of areas to which
the public has or could reasonably have or gain access to^
documentation shall be provided, including all calculations,
proving that the potential exposure to RF radiation (i.e. Non -Ion
Emitting Radiation), will be comply with the most recent FCC
regulations governing RF radiation and exposure thereto, and
radiation in excess of the FCC's permitted standards and any
portion(s) of the structure that would be exposed to RF radiation
in excess of the FCC's permitted standards. Compliance with
the FCC's reaulations, in such an instance the RF radiation from
all facilities. at that location shall be included in the calculations
to show the cumulative effect on any area of the building or
structure deemed accessible by the public or workers. Such
report or analvsis shall be sianed and sealed by a Professional
Engineer licensed in the State.
15) If the modification or antenna arrav Collocation is thirty (30'
feet or more above around level. then a sianed document sucl
as the FCC's "Checklist to Determine whether a . Wireless
support structure may be Categorically Excluded" shall be
provided to verify that the modification or antenna array co-
location will fully comply with the current FCC's RF emissions
regulations. If not categorically excluded, a complete RF
emissions study is required to enable compliance verification.
including providing all calculations so that such may be verified
prior to issuance of a Building Permit-
radiation, that section or portion must be barricaded with a
suitable barrier to discourage approaching into the area in
excess of the FCC's regulations. and be marked off with yellow
and black striped warning tape or a suitable warning barrier, as
well as placing RF radiation signs as needed and appropriate to
warn individuals of the potential danger;
17) A signed statement that the applicant will expeditiously
remedy any physical or RF interference with other
telecommunications or wireless devices or services caused by
the new installation.
18) The applicant shall provide a certification by a Professional
Engineer licensed in the State, along with documentation (a
structural analysis), including calculations, that prove that the
wireless support structure and its foundation as proposed -to be
utilized are designed and were constructed to meet all County.
State, federal and ANSI structural requirements for loads.
including wind and ice loads and the placement of any
e uipment on the roof a building after the addition of the
proposed new facilities.
19) Any application that proposes to- locate a facility on County
owned or leased property shall contain a provision with respect
compensatory or punitive, or expenses arising there from, either
at law or in equity, which might arise out of, or are caused by
the placement, construction, erection modification, location.
performance, use, operation, maintenance, repair, installation,
replacement, removal, or restoration of said facility, excepting.
however: any portion of such claims, suits: demands, causes of
action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the County. or its
servants or agents. With respect to the penalties. damages or
charges referenced herein, reasonable attorneys' fees .
consultants' fees. and expert witness fees are included in those
costs that the County can recover. Notwithstanding the
requirements noted above, an indemnification provision will not
be reau'red in those instances where the County itself applies
for and secures a Special Use Permit for a wireless facility.
design criteria:
1) In order to protect the nature and character of the community
wherein the facility is proposed, and in order to create the
least visually intrusive impact reasonably possible. any
10
antenna attachment to a building or other structure with a
facie shall be mounted on the facie, unless it can be proven
that such attachment will prohibit or have the effect of
prohibiting the provision of wireless service, and all antenna
attachments and exposed cabling shall use camouflage or
stealth techniques to match as closely as possible the color
and texture of the building or other structure.
2) If an antenna is proposed to be attached to a water tank .
then in order to maintain the current profile and height of the
tank, the antenna mounting on the top of the tank or the use
of a. corral shall only be permitted if the applicant can
demonstrate that to locate elsewhere will prohibit or have the
effect of prohibiting the provision of service. .
)__ So as to be the least visually intrusive wireless support
structure reasonably possible, and thereby have the least
adverse visual effect and create the least intrusive or lowest
profile or visual silhouette reasonably possible. all antennas
attached to a tower or other structure shall be flush mounted
or as near to flush mounted as is possible without prohibiting
or having the effect of prohibiting the provision of service so
as minimize the visual profile of the antennas, or prove
technically, with hard data and a detailed narrative, that flush
mounting can not be used and would serve to prohibit or
have the effect of prohibiting the provision of service.
4) Unless the Countv deems it inappropriate or unnecessa
given the facts and circumstances, the applicant shall
demonstrate and provide in writing and by drawing how it
shall effectively buffer and screen from view the base and all
related equipment and structures of the proposed wireless
support structure up to a height of ten (10') feet.
5) The wireless support structure and any and all accessory
facilities shall maximize the use of building materials. colors
and textures designed to blend with the structure to which it
may be affixed and to harmonize with the natural
surroundings. This shall include the utilization of stealth .
camouflage or concealment technology.
6) All utilities installed for a new wireless support structure shall
be installed underground and in compliance with all laws.
11
public or private, shall be made to the extent practicable.
Road construction shall at all times minimize around
disturbance and reduce soil erosion and shall comply with
any County or State regulations for the construction of roads.
If the current access road or turn around space is deemed in
disrepair or in need of remedial work to make it serviceable
and safe and in compliance with any applicable regulations
as' determined at a site visit. then the Application shall
contain a commitment by the applicant to remedy or restore
the road or turn around space so that it is serviceable and
safe and in compliance with applicable regulations.
f) In addition to the foregoing, applicants applying for permission to
attach the first antenna to an approved wireless support structure
shall also provide the follow(ing:
1) A detailed narrative description and explanation of the
specific objective(s) for the new facility, expressly including
and explaining the purpose for the facility, such as_ cove
raQe
and/or capacity, technical requirements. and the identified
boundaries of the specific geographic area of intended
coverage:
2) Technical documentation demonstrating that the facility is
designed to provide the service type and service coverage
needed primarily within the County. Such documentation
shall include a propagation study of the proposed site and all
adioining planned. proposed or existing sites, that
demonstrates a significant gap in coverage and /or. if a
capacity. issue is involved, to include an analysis of the
current and projected usage (traffic studies) using generally
accepted industry methods and standards so as to
conclusively prove the need for what is proposed.
assumptions made about ambient tree height:
4) A copy of the FCC license applicable for the intended use of
.the facility, as well as a copy of the five (5) and ten (10) year
build -out plan required by the FCC:
5) The freauencv. modulation and class of service of radio or
other transmitting equipment:
6) The maximum transmission power capability of all radios, as
designed. of all transmission facilities if the applicant is not a
cellular or functional eauivalent carrier:
12
7) The actual intended transmission power stated as the
maximum effective radiated power (ERP), both in dBm's
and watts:
8 A statement certifying that the facility and all attachments
thereto comply with the conditions of the approved Special
Use Permit.
9) The legal name, address, phone number, all necessary
contact information of the person preparing the application:
10) The name, address. phone *number, and all necessary
contact information of the property owner, if the owner of the
structure is different than the applicant:
11 The postal address, tax map block and lot number. a d
parcel identification number of the property:
12) A copy of the FCC license applicable for the intended use of
the facility.
13) The Zoning District and Watershed overlay in -which the
property is situated: The area of the property on which the
structure to be attached to is located, stated both in square
feet. and acres and perimeter lot line dimensions, and a
survey showing the location of all lot lines. metes and
bounds, and all easements;.
14) The location, size and height of all existing and proposed
structures on the property on which the structure is located
and that is the subject of the Application:
6.18.2 Telecommunications towers- wireless support structures and equipment as
principal or accessory uses
a) Telecommunications towers wireless support structures . shall be
permitted as a principal or accessory use in all districts in accordance
with the provisions of this Ordinance as follows:
1) On property owned by the County or any ' public entity except
those designated as historic properties or sites. The County may,
in its sole discretion as the owner of the property, authorize the
application and use of County - property after the applicant
executes a lease agreement acceptable to the County.
2) Telecommunications towers wireless support structures as part of
existing utility poles shall be permitted as an accessory use. .
Towers shall be constructed as part of the existing utility poles or
as replacements for the existing utility poles. No freestanding
towers constructed exclusively for personal wireless services shall
be permitted within utility easements.
3) The placement of a new telecommunications teweF i e
support structures in any zoning district must be approved as a
Special Use, except as permitted in the Master
13
Telecommunications Plan ( "Plan ") or by Section 6.18.1 of this
Ordinance.
b) Existing Telecommunications Tewe:s- Wireless Su000rt Structures
1) Telecommunications equipment as accessory uses may be placed
on existing towers wireless support structures in accordance with
the provisions of this Ordinance.
2) Notwithstanding the above provisions of Section 6.1.8,
telecommunications towers in existence as of December 10, 2002,
may be replaced with a tewe wireless support structure of equal
or less visual impact after approval by the County Planning
Director or his /her designee. However, if the proposed new teweF
wireless support structure would not be consistent with the
minimum standards under Section 6.18, replacement must be
approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications tewe!,rwireless support
structures
a) Antenna types. To minimize adverse visual impacts, stealth antenna
types shall be preferred. If a non - stealth antenna is proposed, the
application shall be required to demonstrate, in a technical manner
acceptable to the Planning Director or his/her designee, why the stealth
antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot
be used for the particular application. This does not preclude •a
combination of the various types of antennas.
1) Antenna dimensions. Antenna .dimensions shall be subject to
approval by the Planning Director or his /her designee. A
statement shall be submitted, prepared by a professional engineer
competent to evaluate antenna choices, to certify the technical
need for the required dimensions.
14
b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication teweF wireless suaoort structure or antennas are in
compliance with FAA regulations. Where an antenna will not exceed the
highest point of the existing structure upon which it is to be mounted,
such evidence shall not be required.
c) Stealth rooftop or building mounted antennas not exceeding twenty (20)
feet above roofline of the building or support structure shall be permitted
in all zoning districts subject to the provisions of Section 6.18.3 d) 1 -5
stated below.
d) Building or rooftop stealth antennas shall be subject to the following
minimum standards:
1) No commercial. advertising shall be allowed on an antenna;
2) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the FCC or the FAA;
3) Any related unmanned equipment building shall not contain more
than six hundred (600) square feet of gross floor area per user or
be more than twelve (12) feet in height;
4) If the equipment building islocated on the roof of the
building, the area of the equipment building shall not occupy more
than twenty -five (25) percent of the roof area, and shall comply
with all State of North Carolina Building Code requirements for the
proposed and existing building; and
5) Approval of the Planning Director or his /her designee to ensure
consistency with the definition of stealth. facility is required. Each
application shall contain a, rendering or photograph of the antenna
including, but not limited to, colors and screening devices.
e) Non- stealth rooftop or building mounted antennas shall only be permitted
not exceeding twenty (20) feet above the roofline of the subject building
or support structure and subject to the procedure and requirements
provided elsewhere in this Section. Building rooftop non - stealth
antennas shall be subject to the following minimum standards:
1) Antennas shall only be permitted on buildings or structures that
are at least fifty- (50) feet tall. Antennas may be placed on
buildings less than fifty- (50) feet tall if public safety needs warrant
the antenna;
2) Antennas, and related equipment buildings, shall be located or
screened to minimize the visual impact of the antenna upon
adjacent properties and shall be of a material or color which
matches the exterior of the building or structure upon which it is
situated;
3) No commercial advertising shall be allowed on an antenna;
15
4) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the FCC or the FAA;
5) . Any related unmanned equipment building shall not contain more
than six hundred (600) square feet of gross floor area per user or
be more than twelve (12) feet in height;
6) If the equipment building is located on the roof of the building, the
area of the equipment building shall not occupy more than twenty -
five (25) percent of the roof area, and shall comply with all State of
North Carolina Building Code requirements for the proposed and
existing building;
7) Antennas may be located on poles owned or controlled by the
County or by a utility provider pursuant to the following
regulations:
a) The maximum height of the pole with antenna. shall not
exceed seventy- (70) feet in height; and
b) The utility poles shall be located on public property, within
public easements, or public rights -of -way.
c) The antenna shall be of a size and placement that is
structurally compatible with the engineering design of the
pole pursuant to the North Carolina State Building Code
and attested to by a professional engineer licensed in the
State of North Carolina, and competent to evaluate
antenna choices.
d) The antenna shall not extend more than ten- (10) feet
above the existing pole height. If the pole is replaced to
withstand the addition of telecommunications equipment,
then the same restriction shall apply except that the utility
pole may be twenty- (20) feet higher than the adjacent pole
heights:
e) Placement of an antenna on a utility pole shall only be on
poles owned or operated by a public utility authorized to
operate in the County, a County franchisee, or Orange
County.
f) All relocation costs associated with any relocation of the
antenna necessitated by roadway or sidewalk
improvements shall be borne by the telecommunications
provider.
f) Fees.
1) A filing fee as set by the Orange County Board of Commissioners
shall be paid upon application for a Building Permit, Site Plan
approval, or Special Use Permit. In addition; an inspection fee is
due the County at the time of future inspections.
16
2) An engineering permit fee shall be paid if a pole is replaced to
accommodate telecommunications equipment.
3) Public land or right -of -way lease agreements will be established
by separate instrument.
6.18.4 Minimum Standards for Telecommunications Tewersr- Wireless Suanort
Structures Not Requiring a Special Use Permit
Prior to issuing a building permit for the collocation of an antenna array on
an existing facility, an applicant shall demonstrate that the collocation is
located appropriately on the facility with the overall coal being to preserve
the carrying capacity of the facility for future collocations and to minimize
the visual intrusiveness and impact. including the profile of the facility.
In determining the necessary height for a facility.. or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined__by the
manufacturer's published specifications for the customer equipment. All
telecommunications towers wireless support structures must meet the following
minimum standards:
a) Prior to the issuance of a Building /Electrical Permit by the Inspections
Division, a site development plan prepared in accordance with Article XIV
shall be presented for approval to the Planning Division. Each application
for a proposed telecommunications tower shall include all requirements
for site development plan approval as. required. Approval of the Planning
Director or his /her designee to verify consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the tower including, but not limited to, colors and screening
devices.
b) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures. A statement shall
be submitted by the applicant stating how the proposed tower will
minimize visual intrusiveness to surrounding properties in the area.
Criteria that may be used for such evidence may be height and type of
existing trees surrounding the proposed tower, and local topography.
c) A statement shall be submitted, prepared by a professional engineer
licensed in the State of North Carolina, which through rational engineering
analysis, certifies the tower's compliance with applicable standards as set
forth in the State of North Carolina Building Code, and any associated
regulations; and describes the tower's capacity, including an example of
the number and type of antennas it can accommodate.
d) Applicants shall provide at time of application submittal:
1) the existing cell sites (latitude, longitude, power levels) to which
this proposed site will be a handoff candidate;
17
2) propagation studies of the proposed site and all adjoining planned,
proposed, in- service or existing sites;
3) the search area irk utilized in finding the proposed site;
4) the make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site;
5) the frequency, modulation and class of service of radio or other
transmitting equipment;
6) the actual intended transmission and the maximum effective
radiated power of the antenna(s);
7) the direction(s) of maximum lobes and associated radiation of the
antenna(s);
8) certification that the NIER levels at the proposed -site are within
the threshold levels adopted by the FCC;
9) certification that the proposed antenna(s) will not cause
interference with other telecommunications devices;
10) a written affidavit stating why "the proposed site is necessary for
their communications service" (e.g., for coverage, capacity, hole -
filling, etc.) and a statement that there are no existing alternative
sites within the provided search area & and there are no
alternative technologies available which could provide the
proposed telecommunications service need without the tower.
a) County staff will utilize the services of a registered
professional engineer to confirm the accuracy and
reliability of the substantive portions of data provided in
tower applications. No tower shall be permitted to exceed
its designed loading capacity. For all teweFS wireless
support structures attached to existing structures, the
statement shall include certification that the structure can
support the load superimposed ' from the teweF ' ss
support structure. All teweFs wireless support structures
shall have the capacity to permit multiple users; at a
minimum monopole teweFS wireless support structures
shall accommodate two (2) users and self- support/lattice or
guyed teweFs wireless support structures shall, at a
minimum accommodate three (3) users.
e) Standards of evaluation.
1) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service_ need identified
pursuant to Subsection d. (10) of this Section.
2) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be
located atop the tower structure.
18
3) Telecommunications towers shall conform with all of the
requirements of Sections 8.8.17a.1 a (a-g) and 8.8.17a.2 of the
Zoning' Ordinance.
4) All towers shall be engineered to allow for co- locations. No co-
locator shall be refused access for co- location by charging
exorbitant lease fees. Public safety, co- locations shall take priority
over other co- locators.
5) A teweF telecommunications consultant shall provide Il?.
Staff assistance on exorbitant rate leases.
6) All wireless support structures shall satisfy all applicable
public safety_ land use or zoning issues required in this
Ordinance including aesthetics landscaping land -use
based location priorities, structural design, setbacks, and fall
zones.
structure or structures within the applicant's search ring.
f) Tower Inspection.
1) Telecommunication tower owners shall submit a report to. the
County Inspections Division certifying structural and electrical
integrity upon completion of the initial construction and at intervals
as specified in this Section
2) Inspection records shall be kept by the tower owner and made
available upon request to the Inspections Division during regular
business hours.
a) The following inspection schedule shall be followed except
in cases where a tower has no structures other than those
associated with telecommunication tower use located
within the tower's fall zone. At least once every thirty -six
(36) months, or thirty-six (36) months from the date of a co-
location approval, a structural engineer who is . regularly
involved in the maintenance, inspection and/or erection of
telecommunications towers shall inspect the tower ' and
submit a report to the Inspections Division within a
reasonable time thereafter. At a minimum, this inspection
shall be conducted in 'accordance with the provisions of
this Ordinance and in accordance with. the tower
inspections check list provided in the EIA -222 (as
amended from time to time). This is considered -a major
inspection review.
b) At least once every twelve (12) months, a visual inspection
from the ground shall be conducted by a properly trained
staff member of a tower provider or tower consultant and a
report shall be filed with the Inspections Division within a
19
reasonable time thereafter. This inspection shall include,
but shall not be limited to, visual inspection of tower
foundations, structures, guys, and connections for
evidence of settlement or later movement; soil erosion;
condition of paint or galvanizing; rust or corrosion,-loose or
missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy
sags (i.e. tensions), and other material areas or matters
relating to the structural integrity of the tower. This is
considered a minor inspection review.
c) In addition to the regularly scheduled major and minor
inspections set forth in paragraphs 1) and 2) above, a
minor inspection, at a minimum, will be conducted if the
tower or its appurtenances are noted at any time to be
visibly damaged. Additionally, .a major inspection shall be
conducted if the visible damage to the tower is significant
or when, after conducting a minor inspection, significant
questions remain about the structural integrity of the tower.
3)' The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity. The
owner of the telecommunication tower may be required by the
County to have more frequent inspections should there be reason
to. believe that the electrical integrity of the tower is jeopardized.
The County reserves the right to require additional inspections if
there is evidence that the tower has a safety problem or is
exposed to extraordinary conditions.
4) Structurally Unsafe or Unused Towers. Any tower found, through
inspection by the owner or by inspection of the Inspections
Division, to be structurally unsafe and cannot be brought into
compliance within one hundred and eighty (1801 days shall be
removed at the owner's expense.
5) Compliance with Standards. Current or former EIA standards
shall apply to the addition of antennas or other appurtenances to
communications towers under the following conditions:
a) Additions to towers constructed prior to the effective date
of this Ordinance, regardless of whether the additions are
accounted for in the original design,- shall comply with the
current EIA standards, and the wind loading specked
therein. Additions to towers constructed subsequent to the
effective date of this Ordinance shall comply with
standards set forth elsewhere in this Section.
b) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply, with the EIA
standards in existence at the time the tower was erected.
c) Replacement of antennas or other appurtenances shall at
a minimum comply with the EIA standard in existence at
the time the tower was erected if the replacement does not
add to the original design loading.
20
d) If a structural analysis shows a tower is not in compliance
With the appropriate EIA standards, the owner shall submit
an application to the Inspections Division with a plan to
bring the tower into compliance within six (6) months.
e) Analysis of Existing Towers. Within twelve (12) months of
the effective date of this Ordinance an analysis by a North
Carolina Licensed Professional Engineer (P.E. Analysis)
shall be performed on all towers in excess of one hundred
L1001 feet in height and shall be submitted to the
Inspections Division. The analysis shall determine the
tower's compliance or lack thereof with the EIA standard in
effect at the time the tower was constructed and when the
most recent structural loading change was made. For all
towers less than six (6) years old, a current existing P.E.
analysis of the tower may be submitted in lieu of the new
P. E. analysis required above. If the tower does not meet
the aforementioned EIA standards, ' the letter or existing
P.E. analysis shall include the types of modifications that
would be required to bring the tower up to standard. All
existing towers shall be subject to the annual electrical
inspection conducted by the Inspections Division-including
any associated inspection fees.
W
1) The Inspections Division shall be notified in writing
when a required analysis is complete. A copy of the
analysis report shall- be made available to the
County Inspections Division upon request. That
report shall also give details of the net result of any
changes made to the tower or its appurtenances
since the last inspection.
6) Fees and charges.
a) A filing fee as set by the Board of County Commissioners
shall -be paid upon application for a Building- Permit, Site
Plan approval or Special Use Permit. In addition, an
inspection fee is due the County at the time of future
inspections.
b) Public land or right -of -way lease agreements shall be
established by separate instrument and recorded prior to
the issuance of Building Permits.
C) EGGFGw AGGGuf#QqajWh-MLFee. An escrow account of an
amount determined . by the Board of County
Commissioners shall be paid by check to Orange County
to pay associated consultant review fees during all hp aces
jthe application review process. The Board of
Commissioners shall determine the amount of
charges or fees assessed to an applicant on account
of an - outside consultant in advance and incorporate
these charges and fees into an application fee that is
based on the reasonable costs of the services the
County incurs in connection with the application
review. The fees and charges paid by the applicant
for the services of a consultant shall not exceed what
is usual and customary for such services. The
foregoing does not prohibit the County from imposing
additional reasonable cost -based fees for the actual
costs incurred by the County for a consultant's review
of an application due to amendments or revisions to
the original application. The amount of the consultant
charges incorporated into the application fee shall be
separately identified and disclosed to the applicant
upon request. A partial escrow payment of $1,000 shall
be submitted at the pre - application -meeting to. cover
associated consulting fees incurred prior to the formal
submittal of an Speraial Use P9FMit application. The
escrow amount required at the formal application submittal
shall be reduced by the $1,000 partial payment amount.
Any unused funds in the account after either the approval
of the Certificate of Occupancy (CO), or the expiration of
the Special Use Permit approval, whichever is sooner,
shall be returned to the designated party.
22
6.18.5 Master Telecommunications Plan ( "Plan ")
The Plan will assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have
expressed interest in allowing construction of telecommunications equipment.
Information that may be shown on the base Plan will include: existing towers,
major transmission lines, County - defined Natural Areas, historic properties,
scenic corridors, known bird migratory patterns through the County, Voluntary
Agricultural Districts, and publicly -owned or quasi- public lands. In all cases, an
interest. in allowing the placement of telecommunication equipment on the
property /properties shall have been expressed. In order to participate in the MTP
all owner(s), or their legally binding representatives, shall submit an application
on a form prepared by -the Planning Department and meet the following
guidelines:
a) Information to be provided. All telecommunication providers who elect to
.construct facilities on properties in the Plan shall provide all necessary
and requested information to the County's telecommunications
consultant.
b) Plan modification. After adoption of the initial Plan any subsequent
modification of the Plan may be considered annually at the February
Quarterly Public Hearing. Any applicant requesting modification of the
Plan shall make application to the Zoning Officer on or before December
1 st of each year. The fee for modifying the Plan shall be that as set forth
in the Orange County Planning Fee Schedule of Fees.
c) Withdrawal from the Plan. Withdrawal from the Plan is permitted if any
owner submits, to the Planning Director, a notarized statement requesting
withdrawal from the Plan.
23
Part II That Article Eight (8) be amended as follows:
8.4 Procedure For Submission and Consideration of Applications For
Approval of Special Uses.
8.4.1 - Pre - Application Conference
a) Prior to the, application being received as prescribed in Article 8.4.2,
the applicant must request a pre - application. meeting with the
Orange County Planning Department. A sketch plan
illustrating the location, size and major design elements of the
development of the site must be submitted five (5) working days
prior to the pre- application meeting. The Planning Department may
request that representatives of other public agencies be present at
the pre- application meeting.. These agencies may include, but not
be limited to, the Orange County Planning Board, the Orange
County Recreation Department, the Orange County Health
Department, the municipalities of Chapel Hill, Carrboro, Hillsborough,
and Durham, the North Carolina Department of Transportation, and
Orange Water and Sewer Authority.
b) Annual Telecommunications Projection Meeting (ATPM). In January
of each year the County shall hold a meeting of all carriers and tower
companies who have filed applications the previous year or anyone
who has expressed an interest in-'filing an application to construct a
facility within the County in order to develop a plan for facility
deployment within the County that provides reasonable coverage
based on the needs of the County and its residents, while minimizing
the number and intrusiveness of the facilities and the most efficient
facility site use. The County shall notify each party of the date. time
.be expected from all parties desiring to locate wireless
telecommunication facilities within the County during the year.
Attendance at the ATPM is mandatory.
1) Prior ' to the acceptance - of any applications for
Telecommunications Wireless Support Structures, a plan
indicating proposed search afeas rings shall be submitted to
the Zoning Officer on or before December 31St of each year.
The purpose of the ATPM is to allow for a complete review
of collocation opportunities and address coverage issues.
After all site plans or search area plans are received, an
ATPM shall be scheduled by the Planning Department Staff.
during the month of January with the providers. New
applications for Class A Special Use Permits. for
telecommunications tewere-- wireless support structures will
be reviewed twice per year at the County Commissioners'
24
May and November Public Hearings. New applications for
Class B Special Use Permits for telecommunications
towers fireless support structures will be reviewed by the
Board of Adjustment in accordance with the published Board
of Adjustment meeting schedule. No application will be
considered unless the proposed site was identified on either
the site plan or the search area fm plan shown at the
ATPM.
2) Formal applications for the May and November Public
Hearings by the County Commissioners, and meetings of the
Board of Adjustment, shall be submitted in accordance with
the published yearly calendar of meetings schedule.
3) Exceptions to the ATPM requirement as it applies to a
particular site may be allowed in the case of unforeseen
events as defined in Section 6.18 provided the applicant
shall submit documentation for review by the Orange County
Development Review Advisory Committee (DRAC) that such
a waiver is necessary. The DRAC shall make a
determination on the waiver request and notify the applicant
within a reasonable time period.
4) As of the effective date of this Ordinance amendment, any
pending applications that halve not received .a zoning
compliance permit or a special use permit shall meet all
requirements of this Ordinance, including, but not limited to
submission deadlines, application standards and processing,
excluding the ATPM requirement.
8.8.17a Telecommunication Tower-sWireless support structures
Overall Policy and Desired Goals for Special Use Permits for
Telecommunications r,,,..e.• Wireless Support Structures.
telecommunications wireless support structures shall be i?promotina and
encouraging, wherever possible, alternatives to constructing new tsweFS.wireless
support structures, including but not limited to the co- location of- wireless
telecommunications equipment and mitigating the visual effect of a
telecommunication tewer-wireless support structure to an extent not
commercially impracticable; promoting and encouraging, wherever possible, the
placement, height and quantity of wireless telecommunications towers and
equipment in such a manner, including but not limited to the use of stealth
technology or camouflage techniques, to minimize adverse aesthetic and visual
impacts on the land, property, buildings, and other facilities adjacent to,
surrounding, -and in generally the same area as the requested location of such
telecommunications tewe• wireless support structure, which shall mean using
the least visually and physically intrusive facility that is not technologically or
commercially impracticable under the facts and circumstances.
25
8.8.17a.1 Definitions
Words, terms and phrases, when used in this Section, shall have the meanings
ascribed to them as in SestieR 6.18 Article 22.
8.8.17a.1a Additional Information
In addition to the information required in Subsections 6.18.4, 8.2 and 8.8, the
following shall. be submitted. as part of the application.
a) A Site Plan showing the entire site (including property boundary lines)
and size of all existing structures within five hundred (5001 feet of the site,
existing and proposed structures on site, the fall zone of the tower,
existing %and proposed topography at a contour interval of five feet and
any officially designated floodways and floodplains; or the presence of
alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material. -
c) A Landscape Plan showing, at the same scale as the Site Plan, existing
and proposed trees, plus shrubs, ground cover and other landscape
materials. This plan shall minimize adverse visual effects of
telecommunications tewers+wvireless support structures and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques. Notwithstanding any other provision of this
article, to minimize adverse visual impacts associated with the
proliferation and clustering of telecommunications tewerswireless support
structures, co- location of telecommunications equipment on existing or
new teweFs wireless support structures shall be encouraged.
d) Wireless support
structures shall not be located within 2021@=1f mile of any existing
monopole, lattice or guyed telecommunications tower wireless support
structure. An exception may be allowed when the applicant can
sufficiently demonstrate that; 1) appropriate space- on the existing
telecommunication tewef wireless support structure is not available; or 2)
the applicant has made good faith effort to negotiate an agreement with
the owner of the existing telecommunication tewe wireless support
structure and has been unsuccessful, which must be documented in
writing; or 3) the telecommunication equipment on the existing
telecommunication teweF wireless support structure is not compatible with
the proposed telecommunication equipment of the applicant; or 4)
adequate coverage by the applicant cannot be met at the location of the
existing telecommunication —tewef wireless support structure; or 5) the
existing telecommunicationswer--wireless support structure cannot be
reasonably modified to accommodate additional co- location by the
applicant. Exceptions shall only be allowed after a thorough analysis of
the search area, provided by the applicant is performed by the County's
consultant or Staff, indicating that coverage is not possible on an existing
tewe wireless support structure at the four - carrier capacity or other user
capacity that can be achieved. There must be a ei 80 %j approval
Vote of the deciding board for this specific finding to pass the exception
criteria.
e) Evidence that the applicant has investigated the possibilities of
placing the proposed equipment on an existing teweF wireless suppo
structure. Such evidence shall consist of
1) A listing of all telecommunications towers wireless support
structure within a X21 mile radius of the proposed teweF
wireless support structure site and a listing of all #ewers -wire)
support structure, utility poles and other structures in the vicinity of
the proposed *facility that are technically feasible for utilization by
the applicant to fill all or a substantial portion of the
telecommunications service need identified by the Applicant
pursuant to Subsection 6.18.4. d)(10). Documents shall be
submitted at the time 'of application filing that indicates the
applicant's ability or inability to co- locate on the identified tower(s)
and reasons why.
2) Delineation of the boundaries of the maximum search age dM
within which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing to" ;wireless support structures within the search
a) Telecommunication teweF wireless support structure
height_-, as measui:ed -f-rem the base efthe tweF tG R"e
highest point the ,
b) Existing and planned tewe wireless support structure
users;
c) Whether the existing telecommunication tewe� wireles
support structure could accommodate the
telecommunication equipment to be attached to the
proposed toweF wireless support structure without causing
structural instability or radio frequency interference; and
d) If the proposed telecommunication equipment cannot be
accommodated on the existing telecommunication teweF
wireless support structure, assess whether the existing
tower wireless support structure could be structurally
strengthened or whether the antennas transmitters and
related equipment could be protected from electromagnetic
interference, and generally describe the means and
projected cost of shared use of the existing #ewef ss
support structure; and
e) any restrictions or limitations of the FCC or FAA that would
preclude the shared use of the tewe wireless support
and
f) any additional information requested by the County.
27
3) A summary explanation of why proposed telecommunication
equipment cannot be located on any 'of the existing teweFs
wireless support structures in the search a dD-d.
f) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed teweF
wireless support structure such as lighting and coloring.
g) Draft bond which will guarantee the removal of the teweF wireless support
struc a in the event that it is abandoned or unused for a period of e e
L121 months.
h) . A listing of, and current tax map identifying, all property owners within one
ousa J10001 feet of the parcel shall be provided. Addressed, first
class stamped envelopes to the property owners shall be submitted with
the application. Each property owner shall be notified of the public
hearing in accordance with Article 2.3.3.4 (Class B Special Use Permit) or
Article 8.4.5 (Class A Special Use Permit) of this Ordinance.
The applicant shall, at least 11 "61 weeks prior to a Class B Special Use
Permit public hearing and at least eleven 1111 weeks prior to a Class A
Special Use Permit public hearing, conduct a balloon test whereby the
applicant shall arrange to fly, or raise upon a. emporary mast, a minimum
of a teerr #wee -foot (103') in diameteF en th, brightly colored red or orange
balloon at the maximum height of the proposed new tewew wire s
support structure. The applicant shall mail �4 a notice of the dates
(including a second date in case of poor visibility, weather or atmospheric
conditions on the initial date), times, and location of the balloon test shall
be mailed, by certified mail; return receipt requested, by the applicant, to
all persons owning property within one thousand L10001 feet of the
subject parcel no less than fourteen (14) days in advance of the first test
date. The data contained within the office of Orange County Land
residents are t6 receive notice of the balloon tests. The applicant shall
inform the County Planning Staff, in.writing, of the dates and times of the
test at least fourteen (14) days in advance. The balloon test shall be
flown for at least four (4) consecutive hours sometime between 710:00
A.M. and 4:00 P.M. on the dates chosen. The primary date shall be on
a weekend (excluding legal holidays), but to prevent. delays in the
processing of the application, and in case of poor weather or atmospheric
conditions on the initial date, the secondary date may be a weekday. A
around the balloon shaL be provided with the application. The applicant,
as evidence that this requirement has been met, shall submit a notarized
statement and listing of the property owners notified of the test, a copy of
a current Orange County Tax Map showing the subject property and all
properties within the notification ring, and copies of the certified mail
returned receipts from the mail -out.
The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine (9) square feet in area and no
less than four (4) square feet in area, giving the contact information of the
County Planning Depa rtment. the proposed dates, times, and location of
28
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification and as stated above. A
notarized statement that this requirement has been met is also required
from the applicant and shall be submitted at the time of the application.
Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like, shall be submitted at the
time of the application. Photographs shall be taken from locations such
as: property lines, and /or nearby residential areas, historic sites,
roadways, including scenic roads and major view corridors, and other
locations as deemed necessary by the Planning Staff to assess the visual
impact of the proposed tower. The visibility of the balloon to adjacent
properties and the surrounding area shall not constitute sole justification
of denial of a permit application, but is an indication of what location on
the site may be less visually intrusive.
j) The Special Use Permit application shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
k) All buildings and other structures to be located on the same
zoning lot as a telecommunication tew ewes i ess support structure shall
conform with the setbacks established for the zoning district or as
established through the subdivision process, whichever is greater.
I) An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre - application meeting.
The Applicant shall furnish a Visual Impact Assessment, which shall
include:
A "Zone of Visibility Map" shall be provided in order to determine locations
from which the tower may be seen.
Panorama photo simulations of the proposed tewe wireless support I
superimposed on the existing landscape, to scale, of showing
"before and after" views including but not limited to State highways and
other major roads; State and local pants; other public lands; historic
districts; preserves and historic sites normally open to the public; and
from any other location where the site is visible to a large number of
visitors, travelers or residents
An assessment of the visual impact of the wireless support structure I
tower base, guy wires and accessory buildings from abutting and
adjacent properties and streets shall be considered to determine the need
of screening.
All Applications shall contain a demonstration that the teweF wireless
support structure is sited so as to have-the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
29
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
Both the telecommunications tower-wireless support structure and any
and. all accessory or associated telecommunication equipment and
related facilities shall maximize the use of building materials, colors and
textures designed to blend with the structure to which it may be affixed
and /or to harmonize with the natural surroundings, this shall include the
utilization of stealth technology as may required by the County.
At a telecommunications tGWeF wireless support structure site, an access
road, turn around space and parking shall be provided to assure
adequate emergency and service access. Maximum use of existing
roads, whether public or private, shall be made to the extent practicable.
Road construction shall, at all times, minimize ground disturbance and the
cutting of vegetation. Road. grades shall closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion.
The applicant shall demonstrate and provide a description in writing
and by drawing how it shall effectively screen from view the base
and all related equipment and structures of the proposed facility.
the natural surroundings This shall include the utilization of stealth
or camouflage or . concealment technology as the County may
e�u"re.
All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
appropriate-.
8.8.17a.2 Standards of Evaluation
The following specific standards, as well as those found in Section 6.18.4 of the
Zoning Ordinance, shall be used in deciding upon an application for approval:
a)
most pFefeFred, and POGFity five (5) being the least . Location of
Wireless Support Structures. Applicants for facilities shall locate. site
and erect said facilities according to the following priorities. in the
following order
1. On existing towers eF etheF stFurtuFesj
7 on WRY nnlesi
4. On a.stealth ,
t •
30
1) On existing County -owned facilities without increasing the height of
the tower or structure.
2) On existing Facilities without increasing the height of the tower or
structure.
3) On County -owned properties or facilities.
4) On properties in areas zoned for commercial or industrial use.
5) On properties in areas zoned Agricultural Residential {AR).
6) On properties in areas zoned for residential use.
b) If an Applicant proposes to place telecommunications equipment at a
location that is not a preferred priority 1 site, then the Applicant must
provide a detailed explanation as to why a higher priority site is not
proposed. The explanation shall be in the form of a written report
demonstrating the Applicant's review of the above locations in order of
priority and the reason(s) for the site selection. The explanation shall, at
a.minimum, include the information required by Subsection 8.8.17a.1a.e).
c) The application shall not be approved unless it demonstrates that the
telecommunications equipment may not be sited at a higher priority site
because of commercial impracticability or because no higher priority site
is available that would serve to provide the telecommunications service
need identified by the Applicant as provided for in Subsection 6.18.4
d)(10).
d) An Applicant may not by -pass sites of higher priority merely because the
site proposed is the only site leased or selected. Agreements between
providers limiting or prohibiting co- location shall not be a valid basis for
any claim of commercial impracticability.
e) Notwithstanding that a potential site may be situated in an area of highest
priority or highest available priority, an application shall not be approved if
it conflicts with the provisions and requirements of this Ordinance.
0 Within or adjacent to residential zoning districts, minimum setbacks from
the base of the tower - wireless support structure to the property boundary
shall be equal to 110% of the teweF wireless support structure height. If
the wireless support structure tower is proposed as an accessory use to a
residential use, the tewef- setback shall be 110% of the -w--ke-leaa
e e
support structure height from any residence or_ dwelling unit on the
subject property.
g) Adjacent to non - residential uses or non - residential zoning districts,
minimum setbacks from the base of the tower - wireless support structure
to the property boundary shall be the greater of 20% of the tower height,
or the minimum required setback.
h) A Type C Landscape Buffer shall be provided between the towerMi e s I
support structures and its accessory structures and adjoining
propertylproperties. Existing vegetation may be removed only to the
extent necessary to accommodate the tGvegu eless support structures,
equipment buildings, and support structures such as guy wires. Plantings
around the compound perimeter, outside of any fence or wall, shall be
31
composed entirely of fast growing evergreen vegetation. New plantings
and existing vegetation used for screening shall be at least six (6) feet in
height or greater at planting. Proposed plantings (name, type, height)
shall be shown on the Landscape Plan for the facility. Landscaping shall
provide a screen on a year -round basis.
i) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant. All outdoor lighting
not regulated by the FCC shall comply with the Outdoor Lighting
Standards set forth in Section 6.31 of the Zoning Ordinance.
j) An 8 -foot fence or wall shall be required around the base of any
tewewireless support structures. This fence or wall shall encompass all
accessory equipment within the compound. Fences shall be required
around guy wire tie downs as well. The fence or wall may be placed
around the perimeter of the facility to include guy wire tie downs and
associated equipment should the applicant/owner wish to do so.
k) The telecommunications equipment planned for the proposed
t wiMhg support re
structus cannot be accommodated on an existing I
Gwerwireless support structures due to one or more of the following
reasons:
1) The planned equipment would exceed the structural capacity of
existing and approved tswerswireless support structures,
considering existing and planned use of those tswer;wire es
support structures and the tewerswireless support structures
cannot be reinforced to accommodate planned or equivalent
equipment at a reasonable cost.
2) The planned equipment would cause radio frequency interference
with other existing or planned equipment for these tewe ;wireless
support structures, and the interference cannot be prevented at a
reasonable cost.
3) Existing 'or approved tsweF rwireless support structures do not
have space on which the equipment can be placed so it. can
function effectively and reasonably in parity with similar existing or
approved equipment.
4) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
1) The communications tower is structurally designed to support additional
users as provided for in Section 6.18.4 d) 5a, and the Special Use Permit
includes a statement that the owner of the tower- wireless support
ru u is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
teweFlnrireless support structure,, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
m) The eeler of the touter i f light tene, e*evept -te the extent required y—
The �c ov,vr -vT cr,czvrrv� -,s o� a Te a.red -�
laws se as ze- its - visual irnffast =-To minimize the number of
32
n) The tewer;wireless support structures will not be artificially lighted unless
required by the FAA, FCC or other federal or state agency. Where such
agencies allow a choice between painting the tower or installing strobe
lighting, painting shall be the preferred choice.
If liahtina is leaall y re uired or proposed, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and federal
regulations For any Facility_ for which liahtina is required under the
FAA's regulations or that for any reason has lights attached all
such lighting shall be affixed with technology that enables the light
to be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the around to a
height of at least twelve (120) degrees vertical for a distance of at
least one (1) mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used as Iona as the liaht is visible from the-air; as
ended by the F
o) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
Facilities including antennas towers and other suaaortina
structures such as guy anchor points and wires, shall be made
inaccessible to individuals and constructed or shielded in such a
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
• -. . -II-I -I -Il -_
- -• •Ill • - . _
I � -
.- 1 l Il• -. •
• - .
I • I -• ,
MI• .•
.. • - •I .I
• •I.. I .•-
•
- 74M
-
.. . • �- • . • . - - • I-
-I• -.
-� -
_ -_ - •I- •
I MIS IT
is technolooically impracticable,
If .t. I -. . buildiTa.
all a-Me-tias shall
be ll•_I
-. oToNte
facie-oftIl
• . . . .11• _•z.
• •
- • .
•
••_ • -
I . ZeIRTIMUMN
- - -• -
.. •
- . -
.I•
circumstances l • " t
n) The tewer;wireless support structures will not be artificially lighted unless
required by the FAA, FCC or other federal or state agency. Where such
agencies allow a choice between painting the tower or installing strobe
lighting, painting shall be the preferred choice.
If liahtina is leaall y re uired or proposed, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and federal
regulations For any Facility_ for which liahtina is required under the
FAA's regulations or that for any reason has lights attached all
such lighting shall be affixed with technology that enables the light
to be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the around to a
height of at least twelve (120) degrees vertical for a distance of at
least one (1) mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used as Iona as the liaht is visible from the-air; as
ended by the F
o) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
Facilities including antennas towers and other suaaortina
structures such as guy anchor points and wires, shall be made
inaccessible to individuals and constructed or shielded in such a
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
33
To minimize the number of antenna arrays and thus the visual
impact, the County may require the use of dual mode antennas to
be used, including by two different carriers, unless it can be proven
All new or. replacement antennas. except omni - directional whi
antennas, shall be flush- mounted or as close to flush- mounted.as is
technologically possible on any facility. so Iona as such does not
have the effect of prohibiting the provision of service to the intended
service area, alone or in combination with another site(s). unless
the applicant can prove that it is technologically impracticable.
possible, texture of the building or in a manner so as to make the
antennas as visually innocuous and undetectable. as is possible
given the facts and circumstances involved.
P) All abandoned communication tewer;wireless support structures shall be
removed within 12 months of the cessation of use. A bond or other
security guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted. A cost
estimate shall be provided by a qualified General Contractor licensed in
the State of North Carolina. The amount of the security shall be 110
percent of the estimate.
q) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
r) The Special Use Permit shall include a condition that the electro- magnetic
radiation .levels maintain compliance with requirements of the FCC,
regarding emission of electromagnetic radiation. Within 30 days of
installation of equipment on the tower, and within 30 days of -the
installation of any additional equipment in the future, the tower owner
shall provide documentation of emission levels in relation to FCC
standards. In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by Orange
County. Orange County may make such requests at any time, not to
exceed two times per year.
S) High voltage and "No Trespassing" and other warning signs.
1) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH.
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
forty (40) feet apart.
34
2) "NO TRESPASSING' warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
forty -(40) feet apart.
3) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING' warning signs shall be at least six (6) inches in
height. The two (2) warning signs may be combined into one (1)
sign. The warning signs shall be installed at least five (5) feet
above the finished grade of the fence.
4) The warning signs may be attached to freestanding poles if the
content of the signs * would, or could, be obstructed by
landscaping.
1) Signs noting federal registration (if required) shall be
attached to the to_ wer structure in compliance with federal
regulation.
5) Facilities shall contain a sign no larger than four (4) square feet to
provide adeauate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RE radiation
within a given area. A sign of the same size is also to be installed
to contain the name(s) of the owner(s) and operators) of the
be Visible from the access point of h- site and must .- the
registration FCC site, aa a0l2licaI21g, is also to .- present. The
DUMMIES
t) Equipment storage. Mobile or immobile equipment not used in direct
support of a tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being made.
U) Signs and advertising. The use of any portion of a tower for signs or
advertising purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
8.8.17a.4. Removal of Wireless Support Structures and Facilities.
1 • 11- • •- -• -• • • • •- _ ll 1 it • 11
a) Facilities that have been abandoned (i.e. not used as facilities) for a
which case, repair or removal shall commence within ninety (90Ldays of
abandonment:
35
b) Permitted facilities fall
into such a state of disrepair that it
creates a healt
or safety hazard:
c) Facilities have been
located, constructed.
or modified
without firs
obtaining, or in a manner
not authorized
bv, the required
Special Use
Permit, or any other
necessary authorization
and the Special
Use Permit
may be revoked.
If the County makes such a
determination as noted
above, then
the County_ shall
notify the holder of the facility
Special Use Permit
within forty
-eight (48) hours
that said facility shall be removed.
the County may
approve an
interim temporary
use agreement/permit, such
The holder of the Special
as to enable the sale of
Use Permit. or - its
the facility.
successors
or assigns. shall
dismantle' and remove such
facility, and alL associated
structures
from the site
access to the facility. the owner may do so with the approval of the County.
iJTI i1FTil al •uMOI-A
_Notwithstanding anything in this Section_ to the contrary, the County may approve
temporary use permit/agreement for the facility, for no more than ninety (90)
days, during which time the holder of the Special Use Permit shall develop
provided in this Section and utilize the bond.
8.8.17a.4. Bond Security.
The applicant and the owner of record of any proposed facility aropedy site shall.
at its cost and expense, be jointly required to execute and file with the County a
bond, or other form of security acceptable to the County as to type of security
and the form and manner of execution in an amount of at least $75,000.00 for a
tower and with such sureties as are deemed sufficient by the County to assure
prior to the issuance of the original Special Use Permit.
Oi
8.8,17a5. Liability Insurance
•- - '-lilt in the following amounts:
•ill - - - _. t, . - 1• •- . 1 _1- . -_ _1.
• •x"11 ! -11 -•" 111 111 •- • - - 111 111 .•• -•. - •
• ULII " • - _.= 111 111 11 •- • 1 -1 Ili 111
111 111 1 • - . - _.- .1•
For _ wireless sui2port - on • 1 ty 12r_Qi2erty, Commercial GenenM
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PART III. That Article Twenty -two (22) Definitions be amended by creating a new
:Section entities Definitions — Telecommunication Facilities to read as
follows:
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support structure or a wireless facility.
Board — The Orange County Board of County - Commissioners,
Building Code — The most recently adopted or amended edition of the North
Carolina State Building Code.
Building permit — An official Orange County administrative authorization to begin
construction consistent with the provisions of G S 153A -357
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Structures).
Existing Structure /Building — For purposes of this Section, any building or
structure that currently exist on a parcel of land. Such structures may include.
schools. and utility poles.
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or other natural or other disaster.
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Inspections Division — A division of the Ora_ n_ ge County Planning and Inspections
Department.
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tooether by - - transmission of . - or .-
odification or Modify — The addition, removal, or change of any of the physical
and visually discemable components or aspects of a wireless facility or supper
structure, such as antennas. cabling. _equipment shelters, landscaping. fencing
utility feeds. changing the color or materials or any visually discemable
components, vehicular access, parking and/or an upgrade or change -out of
guipment for better or more modern equipment. Adding a new wireless carrier
or service provider to a wireless sup_ p_ ort structure as a collocation is a
modification.
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Personal Wireless Services (PWS) or Personal Telecommunications Service
(PTS) shall have the same meaning as defined and used in the 1M
Telecommunications Act.
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39
visually discernable components or aspects of a wireless facility that will add to
e visible appearance of the facility as originally permitted, but does no
constitute a modification to a wireless facility or support structure.
oofline — The overall ridgeline of the structure not including cupolas elevator
towers. clock towers or other similar features-
Search dna The area within which a wireless support structure must be located in
order to meet service objectives of the wireless service provider using the
wireless facility or ireless support structure.
and without guyed support.
State — The State of North Carolina.
Stealth or Stealth Technoloav — A design or treatment that minimizes adverse
aesthetic and visual impacts on the land, property, buildings, and other facilities
iacent to, surrounding, and in generally the same area as the reaueste
location of such wireless support structure& which shall mean building the leas
visually and physically intrusive facility that is not tech.nolo@cally or commercially
impracticable under the facts and circumstances. Stealth technology includes
such technology as Distributed Antenna System (DAS) or its functiona
eauivalent or camouflage where the structure is disguised to make it less visually
obtrusive and not recognized to the average person as a wireless support
structure.
Telecommunication Equipment — Equipment. which is located either upon a
telecommunication tower or a structure and includes some form of antenna for
e burpose of transmitting and receiving wireless services.
Wireless facility Stealth — A wireless support structure designed using stealth
t6chnology such that its primary purpose is. or visually appears to be. something
Utility pole — A structure that is designed for and used to carry lines. cables. or
Tres for telephone, cable television. or electricity, or to provide lighting.
oreseen Events. — Conde
support structures for road proiects, casualty of existing telecommunications
fireless support structures, blocking of signals from new constructjo
necessitating a relocation of a telecommunication wireless support structure, or
e need to replace an existing telecommunication wireless support structure for
capacity issues, or for other reasons deemed necessary by the County Plannina
Director or his /her designee.
Whip Antenna — A cylindrical antenna that transmits and /or receives signals in
three hundred sixty (360 °) degrees.
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licensed by the FCC
This Ordinance shall be effective upon adoption. Adopted this the day of
2008, upon motion of Commissioner , seconded by
Commissioner
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on , 2008 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of said Board.
2008.
WITNESS my hand and the seal of said County, this day of ,
Clerk to the Board of Commissioners
Chair Jacobs said that the remaining items would be deferred to the next public hearing.
He asked Craig Benedict to walk the Board through page 4 of the agenda abstract.
Craig Benedict said that the staff received the application for Planned Development and
Class A Special Use Permit. Part of the package was the Zoning Officer's assessment of the
report. As part of that report, the staff also submits for evidence the County's existing zoning
code or land use element and EDD Manual. The staff conducted at least part of the public
hearing on the applications tonight. Item 4 is when the Board intends to adjourn this meeting to
a time certain to hear additional public comment. The process timelines are on the bottom of
page 4. The staff suggests that on March 5th some additional questions can come forward in
writing so that the developer can answer those questions or staff can research in the short-term.
Depending on when the Commissioners would like to decide on this item, there is a timeline that
sets up when the various meetings can occur. It is recommended that this meeting be
adjourned to a time certain where the Planning Board would have to come back and meet jointly
with the County Commissioners at a regular meeting of the Board of County Commissioners. At
that time, staff would be able to provide any additional information that they have uncovered.
Also, it's very important to understand that the special use permit part of this — all of the
evidence and all of the information that comes forward needs to be held very closely so that the
information can be spread equally to all parties concerned (elected bodies, appointed bodies,
developer, and the public).
Chair Jacobs suggested trying to put this item back on the agenda on April 1St. The
Board agreed.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
adjourn this meeting (11:08 p.m.) to April 1St at 7:30 p.m. at the F. Gordon Battle Courtroom in
Hillsborough, North Carolina.
VOTE: UNANIMOUS
The meeting was adjourned at this point, so the below items will be on the re- convened meeting
on April 1St
' 2. Zoning Ordinance Text Amendments:
a. Telecommunications Towers: Amendments to promote consistency with
December 1, 2007 revisions to NC General Statutes concerning Wireless
Telecommunications Facilities.
b. Planned Development: Amendments to address inconsistencies between
existing ordinance requirements and NC General Statutes, specifically the
requirement that imposed conditions be mutually agreed upon by the
County and petitioner.
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board