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HomeMy WebLinkAboutRES-2006-109 Resolution to approve ord special use permit Piedmont Electric Corp offices & tower 150 ft~ 121 lzl 06 - 8 a. ~~s • ~a~~ - ~~ ~ RESOLUTION ' OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A SPECIAL USE PERMIT, CLASS A FOR PLANNED DEVELOPMENT-OFFICE/INSTITUTIONAL OF PIEDMONT ELECTRIC MEMBERSHIP CORPORATION FOR OFFICES AND A TELECOMMUNICATIONS TOWER GREATER THAN 150' IN HEIGHT Date: December 12, 2006 Applicant/Owner: Piedmont Electric Membership Corporation The Orange County Board of County Commissioners hereby adopts the Recommended County Commissioner Findings concerning compliance with specific and general standards for this special use as detailed herein. The Orange County Board of County Commissioners' findings herein relate to the application submitted by Piedmont Electric Membership Corporation for a revision to its Planned Development and Special Use Permit, Class A for a 350 foot telecommunications tower and the as-built site plan dated July 7, 1987, applicable to the following property and subject to the following conditions: Property located at 2500 NC Highway 86 South being further identified in the Orange County Land Records Office by Parcel Identification Numbers, 9873-65-7456 and containing 34.737 acres more or less. The property is identified by the following legal description: BEGINNING at an iron in the line of Archie E. Millis, the Northwest corner of Willie D. Jones, running thence along with the line of Millis North 4 deg. 36 min. East 368.35 feet to an iron, the Southeast corner of Kendrick Estates Investment Corporation; thence along the north line of said Millis property North 87 deg. 49 min. 27 sec. West 237.73 feet; thence from the centerline of NC Highway 86 South, North 27 deg. 52 min. 45 sec. East 499.1 feet'; thence North 33 deg. 09 min. 30 sec. East 293.04 feet to a nail; thence South 86 deg. 02 min. East approximately 578.09 feet to a concrete monument, corner with Joppa Oaks Estates; thence with Joppa Oaks South 85 deg. 50 min East 707.33 feet to a concrete monument; thence continuing with Joppa Oaks South 3 deg. 39 min. West 683.35 feet to concrete monument, corner with Duke University Forest; thence with Duke South 5 deg. 09 min. West 433.60 feet to a buggy axle, corner with Willie D. Jones; thence with Jones North 84 deg. 07 min. West 1347.72 feet to the place and point of beginning, containing 34.737 acres. The following are conditions of approval: Any lighting on the replacement tower shall be shielded so as not to be seen from the ground for a distance of one mile at the height of twelve degrees (12°) vertical. 2. The navigational lighting shall be white, rather than red, and the strobe period shall be the longest permitted under FCC regulations. 3. The height of the tower may not exceed three hundred fifty (350) feet, including the 30- foot antenna at the top of the tower above the pre-disturbance or pre-construction ground level. 4. Security shall be submitted and approved by the County Attorney guaranteeing the removal of the tower in the event it is abandoned or unused for a period of 12 months. A qualified contractor shall provide a cost estimate. The amount of the security shall be 110 percent of the estimate. The tower owner shall deliver a fully executed tower removal agreement in a form approved by the County Attorney. This must be completed before building permits are issued. 5. County or State wireless communication systems shall be allowed free co-location space on the PEMC tower, as offered. 6. De-constructed tower materials shall be made available to other public agencies, as offered. 7. The tower facility and its equipment shall comply with all federal, state and local emission requirements. 8. Electro-magnetic radiation levels shall maintain compliance with requirements of the Federal Communications Commission (FCC), regarding emission of electromagnetic radiation. Within thirty (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 (2) times per year. 9. Two (2) ten-pound 2-A:20-B:C dry chemical portable fire extinguishers shall be installed at the site as required by Orange County Emergency Management. 10. The Special Use Permit will automatically expire within twelve (12) months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of County Commissioners as provided in 8.4.11 of the Orange County Zoning Ordinance. 11. Any zoning violations present on the site shall be corrected prior to the issuance of a Building Permit. 12. The issuance of a Building/Electrical Permit by the Inspections Division shall be according to the approved site plan. 13. Piedmont Electric shall submit a report to the Inspections Division certifying structural and electrical integrity at the time of the building permit review, upon completion of the initial construction, and at intervals as specified in Section 6.18.4f of the Orange County Zoning Ordinance. 14. Piedmont Electric shall keep inspection records and make them available upon request to the Inspections Division during regular business hours. Inspections shall be performed as required- in Section 6.18.4 f of the Orange County Zoning Ordinance, as recommended under EIA/TIA 222F of the American National Standards Institute (ANS1). 15. 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 the Zoning .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. 16. 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. 17. In addition to the regularly scheduled major and minor inspections set forth 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. 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 eighty (180) days shall be removed at the owner's expense. 18. 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, which will not have any appurtenances added to them 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. 19. An analysis by a North Carolina Licensed Professional Engineer (P.E. Analysis) shall be performed 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. 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. The new, replacement tower shall be subject to the annual electrical inspection conducted by the Inspections Division including any associated inspection fees. 20. 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 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. 21. After the County's receipt of the Center for Municipal Solutions final invoice, all moneys owed the County must have been paid before the facility shall be allowed to be used to transmit or receive. 22. PEMC shall not be permitted use of the facility to transmit or receive data until the Certificate of Occupancy or its functional equivalent has been issued. 23. If any condition of this Special Use Permit shall be held invalid or void, then this Special Use Permit shall be void in its entirety anti of no effect. This Special Use Permit, Class A shall become effective upon approval. Upon motion of Commissioner ' , seconded by Commissioner , the foregoing resolution was adopted this the 12~' day of December 2006. 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 December 12, 2006 as relates in any way to the ~, adoption of the WITNES said proceedings are recorded in the minutes of said Board. this ~ day of 2006. Department Directors, Orange County will officially kick off the Employee Giving Campaign on Thursday, October 7 at the Department Directors meeting. In preparation for the Campaign, please select a Pledge Coordinator for your Department. The Pledge Coordinator will need to be available to attend a 2-hour training on Friday, October 1, pass out pledge cards on October 7th, and collect pledge cards at the end of the Campaign. They may also be requested to volunteer at Campaign events during the month of October. Please contact Shannah Sayers by email at ssaYers(c~co.oran e.nc.us or at 245-2499 with the name of your Pledge Coordinator by Friday, September 24th. Thank you in advance for your support.