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Home My WebLink AboutPH ORD-2002-023 Telecommunication Tower Ordinance Amendment 1 001 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 26, 2002 Action Agenda Item No. SUBJECT: Telecommunication Tower Ordinance Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) YES ATTACHMENT(S): INFORMATION CONTACT: Proposed Ordinance Amendments Craig Benedict, Director, Ext. 2592 --Table of Permitted Uses Amendment Tom King, Planner II, Ext. 2607 Proposed Schedule of Fee Amendment TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive public comments regarding proposed Telecommunication Tower (Telco)Amendments BACKGROUND: On March 6, 2002 the Board of County Commissioners approved a six-month moratorium on the processing of Special Use Permits relating to Telecommunication Towers. The purpose of the moratorium was to allow staff sufficient time to gather information, prepare amendments and to make a presentation at the August 26, 2002 Quarterly Public Hearing pertaining to updating/revising the existing regulations. As the industry has been rapidly changing, so does the need to keep up to date. The Planning staff met with all interested County Departments, twice, to discuss areas of common interest. EMS and IT, as well as other functions, have a stake in the telecommunications. Staff held an informational meeting with telecommunication industry representatives on July 31, 2002 to receive their comments and concerns on the proposals. Seven people attended the meeting. Primary concerns were limiting application review to once per year, clarification of 'existing structures' definition, drop in tower height, required inspections and fees. On August 12, 2002 staff held a meeting with potential participants in the Master Telecommunication Plan ("Plan") program to gauge interest in the Plan. Six persons attended the meeting. Farmers participating in the voluntary agricultural district program were particularly interested in additional revenue sources to help offset rising farming expenses and promote sustainability. It was expressed that additional income from land leases to telecommunication providers could be the difference in continuing to farm versus having to sell off parts of the farm to pay rising expenses. G/robert/cell tower amendment/abstract Public Hearing 2 The Board of'Adjustment reviewed the draft ordinance on August 12, 2002. Their primary concern was the restriction of the telecommunication application processing to two meet" ngs per year. The Board felt that applications sho uld be filed abd processed on an as needed basis so that the workflow was even rather than point loaded at ,specific meetings. Some Board members" s i r ed the need for annual inspections after a tower is has approved and constructed PROPOSED AMENDMENTS New Provisions: A) Height and User Amendments 1 . Lowers height of Special Use Permit, Class B (less than 4 gears) from 200 feet to 15 feet maximum 2. Maintains height of Special Use,, Permit, Class -user minimum) than 200 feet the tower is esigned and reserved for ups to four users. Provides Incentives and promotes co-location on existing and proposed "dowers. 3. Require ire 'dowers greater than 150 feet height (with less than 4 users) to r cessed as Spacial Use Permit, Class A,which is processed through g the Planning Board & Boar of County Commissioners. B Yearly Pre-App I i ca i r Meeting req u ired in January between te l co m m u n icatio n provider X and Planning Staff 'u . Determines the telecommunication industry's needs in Orange County for the coming g `ear. 2. Will alloW staff and consultant to" review industry ry needs and proposals to ode ermir e i c location opportunities exist on existing facilities or on proposed new towers. 3. No applications will be accepted during the following "year unless the tower was identified and discussed in the annual a ual wre-a plica io meth . 4. Or inane r ses bi-annual processing of telecommunication ~dower applications a. Board of Adjustment to hear cases in April and October 1 . The Board of Adjustment has reviewed a Craft of this ordinance.and was concerned that hearing cases only twice yearly could cause a meeting overload if three e r more cases were fled at once' . "Board of County Commissioners to be ar cases at a and November r Q Dublin clearings 1 . The same potential for numerous proposals at the same meeting will exist. C) Ordinance promotes co-location of antenna(s) on existing uil in s, transmission towers utility ,poles, and similar structures l" r ug 'lower fees a.nd staff approval. 1 . Engineers approval required prior to staff "issuance of any Permit for antenna (s). '2. Maximum height of antenna(s) set at twenty- 2 feet. 3. Encourages stealth facilities,, justification required stealth antenna(s) is not proposed. 4. Limits any accessory'structures pertaining to either yes or antennas 600 square feet per u e With a maximum heigh t of"12 feet. D) Ordinance has higher technical standards for tower review at both the Special Use Permit and the building permit a lic u i n s ges 1 . As a result of higher technical standards the County will reed to contract with telecommunication consultant for technical expertise regarding telecommunication ~dowers. (Boa rd comments noted th is, need p ravlo rsly . GhoberVcell"dower mendmenV abstract Public Hewn 030 3 E Requires periodic inspections and engineer certifications on existing towers 1 . Major 'inspections to e performed by a structural e-ngineer every this six 36) months with a report to be submitted to the inspection department 2, Minorinspection (visual) to be performed ear y by the county consultant or a properly trained inspection staff member. er. F) Master Telecommunication Plan, ��Plan"') Note revised telecommunication rid mace Daly creates a ' lace h o Ind r' for the eventual ado pti n of a ast r Telecommu nication Plan that will plug into the, then revised, approveld ordinance. 1 . New provision will create the opportunity for the BOCC to c nsider a two-phase approval process for towers less than 200 feet in height (The Plan works as follows,- a. Initial Plan participants request to be 'included "in the Plea (Public quasi-public and public interest lands may be available to develop an efficient gnad system). b. The Planning Staff will notify adjoining owners in accordance with ordinance r vision and the Plan will proceed to quarterly public hearing, c. Advocates and opponents of the Plan will be afforded the opportunity to speak on behalf of r in opposition to the Plan d. After Planning Board recommendation the BO CC will have final approval authority on the Plan, e. If the Plan is adopted, eleco mr unicati n providers shall meet the same performance evaluation standards for a building permit as they currently meet ire the Board approval process. . Additions to the Plan will only be considered annually (proposed at the February Public Hearing). A fee to cover advertisement and administrative processing (legal ad, mailing, etc) is proposed. 4 e. Withdrawal from the Plan can be accomplished by submitting a notarized statement from the ownier s that requests that their property be withdrawn from the Plea. G Special Use Permit standard revisions 1 . Set distance requirements between towers a, % mile separation required,, no separation requirementin current ordinance nance 2 Increased the search ranges that applicant has to justify in order to place a new tower 3. Requirement of a balloon test with notification requirement to all property owners within county's required r o cati n range H) Fee Schedule Modification 1 . New fees are set forth in a ,separate ordinance attachment included as apart of this packet The Master Telecommunication Plan and the consultant I review system will be discussed in the short term to choreograph these strategies with the upcoming review period. FINANCIAL IMPACT: There is no public fisca im pct related to thi's decision. Consultant costs will be covered, by the applicant fee schedule. Should the Board erect to a ici ate in the Master Telecommunications Ilan there may be substantial revenue opportunities. RECOMMENDATION(S): A miry s r ti n recommends that the Board refer the G/robert/cell tower amendment/abstract Public Hearing 4 004 amendments to the Planning Board for a recommendation to be returned to,the BOCC no sooner than September 20, 2002, Planning Staff recommends approval of the amendments., p p a N - u N . p a W G/roberUcell tower amendment/abstract Public Hearing PUBLIC HEARING ORDINANCE (DRAFT) � 005 Bold NEW New Language Existing Language Deleted An Ordinance Amending the Zoning Ordinance fOrange County Be 'it ordained by the Board of'Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance is hereby amended as follows: Section 1. (page 14-3)–Specifications for Plan Preparation—Amend Section 14.2.E by adding the following subsection t read as Mows: t, The names of all property owners adjacent to, and ,across the street from,, the proposed project shall be shown on the slate plan. section 2. (page 4-14) Perm lifted Use Tab I e—Amend P 1 7A to read Telecomm un icatio a Towers 150 Feet in Height or Shorter den I n 3. (page 4-14) Permitted Use Tabl e—Am rid to add P 17 B Telecom mu n ication Towers sir than 200 feet carriers) Section 4,, (page -1 Permitted Use Table--Amend x"11713 to read P17C Telecommunication Towers Greater than ISO Feet 'In Height offftoftli Section 5. page -1 Permitted Use Table--Amend P17C P17 to read P17D " lecommunic,ation Towers- Stealth 75 feet in Height and Shorter) Section 6. (page 8-3) Amend ;section 8.4.1 (Pre-Application Conference) t ► read as follows: Prior to the application being received as prescribed in Article 8.4.2, the applicant must request a pre-lapplicatilon meeting with the Orange County Planning Department. A sketch plea ill ustrating the location,, size and major design elements of the development of the site must be u mitt +d five 5 working days, prior to the pro-application meeting. The Planning Department may request that representatives of other public agencies be present at the pr application meeting. These agencies shall 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, C,arrboro,, Hillsborough rug and Durham, the North Carolina Department c Transportation,, and Orange Water and Sewer Authority. a) PreoApplication Conferences Related To Telecommunication Towers New applications for !Mass A Special Use Permits for teleclom mun!cation towers will be reviewed tilee per year at the Count Comm alssi mars' May and November Public Hearings. Class B Special Use Permits will be reviewed by the Board of Adjustment at their April and October meetings. Prior to the acceptance of any applications for Telecommunication Towers, a pro-application site plan shall be submitted t the Zoning Officer on or before January 7th of each year. The purpose of the prem pplication submittal is to ensure compliance with the Faster Telecommunication Plan and to show for a complete review of coolocation opportunities, G TKAng\Tip wer Ord,2\Cell Tyr Ordinance Rev8 M PUBLIC HEARING ORDINANCE (DRAFT) 2 006 Formal applications for the May and 'November Public Hearings by the County Commissioner5, and the April and October meetings of the, Board of Adjustment, shall be submitted n accordance with the, published yearly calendar o meetings s r ul . As of the effective date of this Ordinance amendment, any pending applications that"have not received a zoning compliance permit or special use permit shall meet all irequirements of this Ordinance,' includi ng, but not limited to submission n I hires, application standards and processing. Section T. (Page 6-25 Amend Section 6.18 to read as follows: 6,18 Telecommunications Facilities The following words, terms and phrases, when used In this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A Accessory Use — A use incidental t , subordinate to, and subservient the main use of the property. As defined in.this section an accessory use i secondary use. Antenna transmitting and/or receiving device used for wireless services, that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omm-directionial antennas, such as whips, excluding,radar antennas, amateur rr radio antennas, and ;satellite earth stations. Building Code—The most recently adopted or amended edition of the North Car lie State Buildi Code., Co-location — Locating wireless comimunication equipment for more than one provider on one structure at one site. p p Combined Antenna� An antenna or an array of nt nn s e i ned and utilized to provide services for more than one carrier. EIA-222 Electronics Industries Association Standard 222 Structural Standards for Steel Antenna Towers and Antenna Support Structures). Existing Structure/Building For purposes of this Section, any building or structure that is currently existing on a parcel of land. Such structures �inclu de, but shall got be limited to, telecommunication tow rs, overhead transmission lire support structures, since, churches, schools, and utility oiesq Extraordinary Conditions — Conditions subsequent to a hurricane, l id, tornado, or other natural disaster'. FAA—The 'Federal Aviation Administration. FCC —The Federal Comm unit ti ns Commission. Guyed Tower—A telecommunication tower that is, supported, in whole or in part, by guy wires and ground anchors. GM Kira \Toner 'r kGell" r Ordinance PUBLIC HEARING ORDINANCE (DRAFT) 3 007 Inspections Division The Orange County Planning and Inspections Department. Master Telecom nu nications Plan (""Plan"") —A plan developed for Orange County by the County's Planning Department that sets forth properties that have received general zoning approval from the County Commissioners for the placement of telecommunication towers leas than 200 feet, in height provided that all applicable federal, state, and local regulations are met. l licrocell Facility-A telecommunications, facility consisting of are antenna (as defined above) and related equipment which is located either on telecommunication communication tower or affixed to a structure some fashion for the provision of wireless services. Microwave- Microwave dish antenna: A dishislike antenna used to link wireless service 51"t es together by wireless transmission of voice or data, Monopole Tower-A telecommunication tower consisting of a single pole or spire self supported by a permanent f nd tion, constructed d without guy wires and ground anchors, Panel Antenna - An inconspicuous, relatively flat, square or rectangular antenna designed to be (fixed to the wall of a building or structure in order to receive and transmit signals from a telecommunication device. Qualified Shared Facility- A facility that is appropriately ode igned for sharing antenna space, and gnats space on the facility in a fair, reasonable, and non-discriminatory manner. r. Roofline -The overall ridge liners of the structure, not including cupolas, elevator towers,, clock'towers or other features. Self-Support/Lattice Tower-A tapered structure broad at the base and more narrow at the top consisting of cross-members and diagonal bracing acing and without guyed support, or t, Stealth Faculty-Any telecommunications facility which is designed o blend Into the surrounding environment. Examples of ,stealth facilities' include architecturally screened roofamounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles or trees, Telecommunications cility- A combination of equipment which is located either upon a telecommunications tower or a structure which M some form of antenna for the purpose of transmitting and receiving ireless services. Telecommunications Tower- A guyedl monopole or s l eau p ort/lattice tower, constructed as a free-standin,g structure nt rinin one 1 or more antennas, used in the provision of wireless services excluding radar towers,, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television receiving antennas and satellite earth stations installed in accordance with applicable ides. GATKiTr Or2\Cl Tyr Ordinance Rev8 008 PUBLIC HEADING ORDINANCE (DRAFT) 4 " Telecommunication Tower, Stealth A telecommunication tower whose" primary purpose ose is,.or visually appears, to be, someth lr g other khan the support of felec wrrrrr unIcatio r,, equipment, the apparent purpose of the tower 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. Whip Antenna —A cylindrical antenna that transmits and/or receives signals In three hundred sixty (360) degrees. 6.18A Administrative-Atinroval of Stealth Telecommunication Towers New stealth telecommunication towers up to 75 feet in height, which are sufficiently disguised so as to minimize visual Impact, may be approved administratively by the Plannirig Staff provided,that, all ofthe pr visi ►ns contained In Article 8.8.17a are met. A new tower may be considered a stealth telecommunication tower if: the primary purpose of the structure is, or visually appears to , something other,than the support of telecommunications equipment; the 600arent purpose is customarily considered as accessory to a use which is allowed in the zoning districts and the structure and its primary use comply with the Orange County Zoning r 'inan . placement of telecommunication equipme n existing structures may be approved administratively provided that the equipment does not extend more than 2 feet above the,str trur f � l fir;and height 6nd setback limitations s of the Zoning Ordinance are met. 6, 1 ,2 Telecommunications facilities as accessO Uses a) Telecommunications facilities, including monopole and stealth telecommunication towers above 75 feet and microcell facilities shall be permitted as are accessory"use in all districts in c+ rdan with the provisions of this Ordinance, or as follows: 1 On property owned by the County or any public entity except those designated as historic properties or sites. The Count shall � t on the a plic do and use of County property after the applicant executes a lease agreement acceptable to the County. The County shall have no obligation whatsoever to execrate such tease even if the" applicant can meet the criteria set forth herein. b Towers as part of existing Futility poles shall be permitted as are accessory rise. Towers shall be constructed as part f the existing utility poles or as replacements for the existing utility poles.s No freestanding towers constructed exclusively for personal wireless services shall be permitted. c) p The placement of a now telecommunication tow r in any zoning district must be approved as a Special Use, except as permitted In the Master Telecommunications Plan ("Plan"). d) Existing ewers 1) Telecom mu nicatio ns antennas may be placed on existing towered G. TKi r 2 Cejt Tyr Ordinance R PUBLIC HEARING ORDINANCE (DRAFT 5 009 2) Notwithstanding the above.pr ions of this Section, towers in existence as of (date of Ordinance a opt`o , may be replaced with a tower,of equal or less visual impact after approval by the County Planning Director or, his/her designee, However, "if the proposed new tower would not be consistent with the minimum standards under this Section, replacement must be approved as provided for in this Ordinance. 6. .3 Antennas not located elecom a lc ions towers. a) Antenna types. Antennas shall be permitted on existing buildings/structures in accordance with this Ordinance. T minimize lures 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. are antenna incorporated into the architecture f the building r 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 reviewed by the Planning Director or his/her designee as required by existing technology. A statement shall be submitted, prepared by a professional engineer certified in telecommunication facility Assign, and competent to evaluate antenna choices, to certify the need for the required dimensions, b) Aircraft hazard. Prior to the issuance of a Building Permit by the Inspections Department, the application ;Tall provide evidence that the telecommunication over r enemas are in com fla rce with FAA regulations. Where an antenna will not exceed the highest point the existing structure upon which It is to be mounted, such evidence shall not be required. IC) Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above roo line of the building or support structure shall be permitted s an accessory use in all zoning districts. 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 riot contain more than six hundred (600) square feet of gross floor area per user or be more than twelve 12 feet in heightV GATKi kT we Ord ill Tyr Ordinance Rev8 PUBLIC HEARING ORDINANCE (DRAFT) 6 010 4 If the equipment building is located on the rows"of the building, the area of the equipment bu din shall not occupy more than twenty-five 25 percent of the roof area, and shall,comply with all State of North Carol*1 Building Code requirements,fwar the proposed and existing building; and 5 ,approval of the Planning Director or his/her designee two ensure consistency,with floe definition facility it^ is required.ed. Each application shall contain rendering or photograph of the antenna including, but not limited to, colors and screening devices. e I ono st alth 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 elsewher in tide chapter. Building rooftop non�t alth antennas shall be subject to the following minimum standards: 1) Antennas shall only be permitted on buildings r structures which are at least fifty feet tall. Antennas may be placer on Wildings,-less than fifty feet tall if public safety needs warrant the antenna, 2 Antennas, and related equipment buildings,s, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material r 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; a; 4) No si nalsi lights, or illumination shall be permitted on an antenna, unless required by the FCC or the FAA,, 5 Any related unmanned eq ip meet building shrill 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 ref o ti e building, the area of the equipmentbuilding shall not occupy more than twent ►ifiv 25 percent of the roof erne, and shall comply with all State of North Carolina r lining Code requirements for th proposed and existing building, and. 7 Antenna and/or microwave dishes may be located on governmentally franchised utility poles (if applicable)le or poles owned by,the County pursuant to the following regulations:. a The maximum height the pole with antenna or dishy shall not exceed seventy ('70) feet in height* and d i X GATKingNTower ordzC 1l'Tower Ordinance R PUBLIC HEARING ORDINANCE (GRAFT) 7 011 b) The, utility poles shall be located on public property, within public ll asements, or public rights-o may, C The antenna and/or dish 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 ngineer certi ed n telecommunication facility design, and competent to evaluate antenna choices. d) The antenna or dishes shall not extend more than tern 1 feat above the existing pole height.t. if the pole is replaced laced t withstand the addition telecommunications equipment, then the same r std tion shall apply except that the utility pole may be t gent' ' 2 feet higher than the adjacent p le heights& a Placement rent f an antenna and/or o e dish 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, Q 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, a inspection fee its due the County at the time of future inspections. 2) An engineering permit tea shall be paid if a p le is replaced to accommodate telecommunications equipment. 3 Public land or right-of-way lease agreements will be established by separate to instrument, 6.18A Minimum Standards for Telecom municati n Towers. All telecommunication towers must meat the following minimum standards-, a Prior to the issuance of a Building/Electrical Permit by the Inspections Division, a site development plea shall be presented for approval t 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 Assignee to verify consistency with the definition of stealth facility is required., Each application shall contain a rendering or photograph of the toner including, but not limited to, colons and screening devices. GATMVT vveqr OrdMell Tower Ordinance PUBLIC HEARING ORDINANCE (DRAFT) 01, 2 r b A statement shall be submitted, per p r d by a professional engineer certified "in telecommunication facility design, which through rational engineering analysis, certifies the tower's compliance with applicable standards as set forth in the State f North Carolina Building Code, and any associated regulations.,, and describes the towers capacity, including an example of the number and type of antennas It can accommodate. C) Applicants shall provide: 1) the existing cell sites (latitude, liongitude, power level to which this proposed site will be a handoff candidate, 2) an Radio Pregnancy plot indicating the coverage f existing sites, and that of the proposed site, 3 the search area utilized In finding the proposed site, 4) antenna heights and power,levels of proposed site, and " 5 a-written affidavit stating why "'the proposed site is necessary for their clomm un Ications service" e.g., for coverage, capacity, h lsafil'lin , etc.) and a statement that there are no xisting alternative sites within the X provided search area and there are no alternative technologies.available which could provide the proposed service en anceiment withoutthe tower. 0 County staff will utilize the services of a registered professional engineer to confirm is statement made in item above. No tower shall be permitted to exceed its designed loading capacity. For all towers attached to existing structures, the statement shall "include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum monopole towers shall accommodate two users and selfosupportliattice or guyed towers shall, at a minimum accommodate three (3) users. d Standards, of eval tion. A 1 Tower height shall be measured from the base of the tower t the highest point of the proposed antenna(s) to be located atop the tower structure. 2 Telecommunication towers shall conform with all of the requirements of Section 8.8.17a..2 (Standards of mm. Evaluation) of the Zonling Ordinance. GATKi g Tyr Ord2kcell Tyr Ordinance ce Re 8" A r BLIP HEARING ORDINANCE (DRAFT) 013 e) Tower Inspection. 1) Telecommunication tower owniers, shall submit a report to the County Inspections Division certifying structural and electrical integrity upon completion of the *I tial 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 At least once every thirtyasi 36 months, a structural engineer who is regularly Involved in the maintenance, inspection and/or erection of telecommunication towers shall ins t the tower nd submit a report submitted to the Inspections Division within a reasonable time thereafter. t o minimum, this *Insp tion shall be conducted On accordance with.. the provisions of this Ordinance and in accordance with the tower inspections check list provided in the EIA- 222 s amended from time to time). This Is considered major inspection review. �b At least once every twelve months, a visual 'inspection from the ground shall be conducted i properly trained staff member or tower consultant and a report shall be filed with the Inspections Division within a reasonable time thereafter This ins ec i on 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 , I ruin ; rust or corrosion, loose or missing bolts„ loose or corroded lightning protection connectors,m tower pl u rrr l ri ss'. Si niTicant variation tion ire guy sags (i.e. for lions), and other material areas or matters relating to the structural integrity of the tower, This Is considered sidered minor inspection r view. GATKIn kT wer Ord=ell Tower Ordinance Re 014 PUBLIC HEARING ORDINANCE (DRAFT) 10 C) In addition to the regularly urlarl 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 visibly damaged. Additionally, a major in pecti n shall be conducted if the i ibl+ damage to the tower 'is signi icant or when, after conducting minor r inspecti n, significant questions remain abort the structural integrity of the tower. 3 the Inspections Division may conduct periodic Inspections of telecommunication tow r s to ensure electrical Integrity.rity. The owner of the telecommunication tower may be required by the n County to have more frequent 'inspections h uld n there be reason to believe that the electrical integrity of the tower is.jeopardized. The C 'unt r reserves the nght to require additional inspectionsif there Is evidence that the tower has a safety problem or is exposed to tr or+dinary conditions. 4) Structurally Unsafe or Unused Towers. Any tower fund, through ins ecUon by the owner or, by Inspection of the Inspections Division, to a structurally unsafe and cannot be I r+ a ht into com P1 l .ri within 180 days rust be removed at the wrls expensed 5) co r�r p►lia � ith Standards. Current r former '"'"'�I A standards shall apply to the addition of antennas or other appurtenances to communications tower's under the following onditi ns: a) Additions to toners constructed prior to the effective data of this Ordinance, regardless of whether the additions are accounted for in the r iginal Assign, shall comply with the current '"'"iA standards, and thi 'wind lading spy �ified therein, Additions to towers constructed subsequent t o the effective data 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 N mi it um comply with the EIA standards in existence at the time the tower was erected. C) Replacement of antennas a r other appurtenances shall at a minimum comply with the EIA standard in existence at the timle the tower was erected if the replacement does not add to the original design loading. A a G.XTKjng\Tower Ord=ell Tower Ordinance PUBLIC HEARING ORDINANCE (DRAFT) � 015 d) If a structural analysis shows a tower is, not ire compliance with the appropriate EIA standards, the owner shall submit an application to the inspections Division with a plea to bring the tower Irmo compliance Within six 6 months, e Analysis of Existing Towers, Within twelve (12) months of the effective date of this Ordnance an analysis stria be performed on ail towers in excess of 100 feet in height, This analysis shall determine thw tower's compliance or lack thereof with the I standard in effect at the time the tower was constructed or when the most recent structural loading change e was made. The tower owner wall, within thirty, 3 days of completion of the analysis or the passage of this Ordinance, r ►ide the Inspections Division with a letter from a registered professional engineer certified in telecommunication facility design stating the current structural status of the Mower. If the tower does not meet the aforementioned EIA standards, the letter shall indicate what world be required ire to wrin the tower up to standard. Existing towers shall be subject to the annual electri ai 'Inspection conducted by the inspections Division including associated inspection fees. 1 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 R filing fee as set by the Orange County Board of Commissioners sh►all be paid upon application for Building Permit, Site Plan approval or Special Use Permit,it, i addition, an inspection fee is due the County at the time of future inspections, b Public land or ri hwtHD -way lease agreements shall be st lish e d by separate instrument and recorded Prig to the issuance of Buildi ng Permits, G: TKin Tower OrdMell Tower Ordinance Rev8 PUBLIC HEARING ORDINANCE (DRAFT) 12 016 . 6.18.5 Master Telecommunications "lain ("Plan"). As are alternative to the foregoing provisions, are applicant ant for a wireless telecommunications facility less than two hundred (200) feet in height may elect to participate in the O a a County Master Telecom m u n Ication s, Plan ("Plan"). The County shall develop a plan which s 6cif es sites within the County where are applicant may construct a wireless telecommunications facility by seeking issuance of a Building Permit *in accordance urith the �p�+ + i i tons set forth in the Plea. 'h Plan shall presented t quarterly public hearing. After the quarterly public hearing, the Ilan will be presented to the Planning Board for recommendation to the Board of County Commissioners. If adopted, the applicant may apply for necessary Building Permits on properties approved in the Plan. Properties approved in the Plan shell not be subject to an additional, ,separate public hearing process on any proposed facility included In the Plea. Applicants will be required t meet all Ordinance requirements and shall pay a site plea approval and buildin'g application fee as provided for In the Orange County Schedule f Fees. a) Information to be provided. All telecommunication providers who elect ,to construct on properties approved in the Plan shall provide II necessary and requested information to the Co ntys telecommunications consultant. Such information n s all include that, set"forth in this Ordinance, for each telecommunications site which it currently operates within the County, as well as each site which, it reasonably believes it will require within the County for the next five 5 years. 1 Plan modification. M dificati n to the Plea shall be considered annually at the February Quarterly Public Hearing. Any applicant requesting modification + f the Plan shall make application to the Zoning Officer on or before january Phof each yaar.The fee for annual modification f the Plea shall be that as set forth in the Orange County Schedule of Fees. C The County shall use signal propa0ation methods and professional n in rs qualified in this discipline and assure compliance with all federal, state, and local d All sites specified in the Plan shall be deemed permitted sites for the construct,ion of wireless less ommuni apt ns towers without the necessity of further public hearing. For those sites specified on the Plan which are on' property rued or controlled by the County (regardless of zoning classification), the applicant shall, prior to seeking Building Permit for such facility, negotiate and execute a lease agreement with the County for such site upon terms and onditions which are acceptable to the County, e) Withdrawal from the Flan. Withdrawal from the Plea is W �rrr� d by submitting a notarized statement requesting withdrawal from the Plan N GATKing\Tower Or =ell Tower Ordinance PUBLIC HEARING ORDINANCE (DRAFT) 3 017 Section 8. (Pages -21 to -2 Amend Section 8.8.17a Ao read as follows: 8.B.17a Telecommunication T 8-3-17a.1 Definitions O rd , terms and phrases, when used 'in this Section, shall have the meanings scrl a to them as 'in Section 6,18, 8.8.1 Additional Inf6rmation In addition to the information required in Subsections 6. , 8.2 and 8.8, the following shall a submitted as part of the application. a) A Site Plan showing ,the entire site and size of all existing structures within 500 feet of the nits, existing and proposed structures on site, w the fall zone of the tower, existing and proposed topography at a contour interval of five feet and any officially designated floodways and oodp ains, or the presence of alluvial soils. b) Flans, and elevations for all proposed structures and descriptions of the color and nature of all exterior material. C) A Landscape Plea showing, at the same scale s the Site Plan,, existing and proposed trees, plus shrubs, ground cover and other landscape materials. This plan shall minimize, adverse visual effects of telecommunication towers and antennas through Ireful design, siting, landscape screening and innovative camouflaging techniques. Notwetthstanding any other provision of this article, to minimize adverse visuiallimpacts associated with the proliferation and clustering of telecommunications towers, location of facilities on existing or now towers shall be encouraged. d) Monopole, lattice or guyed telecommunication towers shall not be located within mile of any existing monopole, lattice or guyed telecommunications tower. This distance restriction shall not apply to any monopole, lattice or guyed telecommunication tower er owne by a public, not for, profit agency or entity, a Evidence that the applicant has investigated the possibilities for locating the proposed facilities, on an xistin tower. Such evidence shall consist Of - 1 A I isting of al towers within a 1 1-ails (for towers 15 feet in height or shorter 1� wr 4. 2-miles (for towers greater khan 150 feet F In height) radius of the proposed veer site. Documents shall be submitted at the time of application filing that indicate the applicant's, ability or inabil'ity to co4ocate on the, identi Ie ,towers and reasons why. GATKingkTower rd ll Tower Ordinance R 018 PUBLIC HEARING ORDINANCE (DRAFT) 14 2) Delineation of the boundaries of the maximum search range w fthlmwhich the lower equipment can function as intended. The following information shall be provided for all existing towers within the search range: (a) Tower height, as measured from the gF®rluplon Ann, bass of the tower to tho'highest point of the proposed antenna(s) to e located atop the tower structure; (b) Existing and planned tower users, (c) Whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing ,structural 'Instability or radio frequency interference, and, (d) if the proposed antenna cam be accommodated the existing tower, assess whether the existing tower could be structural�ly strengthened or whether the antennas t ansmitte s and related equipment could be protected from electromagnetic interference, and generally describe the mesas and projected cost of ,shaved use of the existing tower; and (e) any restrictions r limitations of the �r FCC or FAA that would preclude the shared use of the tower, and (f) any additionallinformation. requested by the County, A 3 A.summary explanation of why proposed facilities cannot be located on any of the existing towers in the search range, e f) Documentation from applicable state or federal agencies indicating r it rn t� which affect the appearance of the proposed tower, such as lighting n coloring. f g) Draft letter.of W bond which will guarantee the removal of the tower in the evert tha it is abandoned or unused for a period of 12 months. 9-h) A listing of, and current taX map identifying, all property owners within 000 feet of the parcel shall a provided. Addressed, first class stamped envelopes ► said property y ear shall be submitted with the application. Each property over shall be notified of the public, hearing in accordance "ith Article 2.3.3.4 (Class Special Use Permit) or Article 8.4.5 (Class Special Use Permit) of this Ordinance. G:\TKing\Tower OrdMell Tower ordinance R PUBLIC HEARING ORDINANCE (DRAFT) 15 019 l The ppll n shall, after submission of an application for a Special Use Permit, arrange to fly, or raise upon a mast a minimum of a thre 31 lin diameter, brightly colored red or orange balloon at the maximum height of the proposed new tower. A notice of the dates (including a second date ire case of poor visibility, weather or atmospheric conditions on th Initial date), tires, and location of the balloon test shall be mailed, the applicant, to all persons owning propel within 1 X000 feet of the subject parcel no less than fourteen 1 days In advance of the first test date. The applicant shall inf r w the County Planning Staff, lei writlang,, of the dates and tires of the test at least fourteen 4 days in advance. The balloon test shall be flown for of least four 4 consecutive hours sornetlm between 7:00 A.M. an 4:00 P.M. on the dates chosen. The primary date shall be on a weekend, but to prevent delays in the processing of the application, and in case of poor Breather or atmospheric conditions on the initial date, the secondary date may be a weekday. Photographs of a clearly-visible balloon floated at the proposed tower location to the maximum height of the tower shall be submitted no later than ten 1 days prior to the public hearing, Photographs shall be taken from locations such as propel Anse, 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. J The Special Use Perm'It 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 located on the ,same propel as a telecommunication toner shall conform with the setbacks established for the zoning district or as established through the subdivision process, 8.8 1 7a 2 Standards f Evaluation The following specific standards,, as well as those found in Section 6-18A of the Zoning Ordinance, shall be used in deciding upon an application for approval: a) Adjacent to residential zoning districts,, minimum setbacks from the base of the tower to the property boundary shall be equal to the height of the tower. The setback may be reduced d t no less them one-half of the grower height if easements for the remaining setback distance are granted by adjoining property owners. b Adjacent t non-residential uses or non-r si rMtial zoning districtsi minimum setbacks cl s from the base of the tower to the property boundary ;shall be the greater, of 20 the tower height, or the minimum required setback. c - A Type C Landscape uffer shall he provided between the tower and accessory structures and adjoining property. Existing vegetation may be removed only to the extent necessary to accommodate the tower, equipment buildings, and support structures, such as guy wins. G.TKj ower Ord=ell Tyr Ordinanoe Rev+ PUBLIC HEARING ORDINANCE T 16 020 d) T, a site plan shall indicate a l cation,for at least two ipment me buildings in addition to that proposed for use by the applicant. ' e) W W%.41 FW1.0i %r V i%0%W%A %04 4 W'%a 1 11%A %I I W %%We IF V -I %ff%a a A-%* 2.1 F'W' . An 8,,foot fence or wall shall be required around the base of any tower. 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 property should the a ptica t' w ner wiser to do so. 0 The telecommunications. equipment planned + the proposed tourer carrot be accommodated on are existing tourer due to one or more of the following reasons: The Olanned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers nd the towers cannot be reinforced to accommodate planne r equivalent equipment at a reasonable cast. ° 2. The planned equipment would ruse radio frequency interference with other existing or planned equipment for these tourers, and the 'Interference cannot be prevented at a reasonable cost. 3. Existing or approved towers do not a! space on which the equipment can be placed s it can function effectively,and reasonably In purity with similar,existing or,approved e ui ment. 4. No tower or other suitable facility r exists, in an area where the aquipment to be placed on the 'tower will fu nction "i lts 'intended manner. The communications tower is structurally designed to support at least one two additional users, and the Special Use Permit includes a statement that the owner of the tower is Willing to permit cheer user(s) to attach communication fa iliti s h'ioh do riot int+ r are with the primary purpose of the torn p°rovided that such other users agree to negotiate a reasonable compensation t the owner from such liability as may result from such attachment. h The color of the tower is of I ig ht tione, except to the extent required by law$ so as to minimize its visual impact. l The towers will not be artificially lighted unless required by the FAA, FCC or other federal or state agency. Where such agencies allow a choir between painting the tower or installing strobe lighting, painting shall be the preferred choice. j) The tower and antenna will not result in a significant adverse impact on the view of or from any historic site scenic road or m aj or view corridor. GATWing\Tower Drell Tyr Ordilhance Re PUCK SEARING ORDINANCE (DRAFT) 17 k) All abandoned communication towers shall be removed within 2 months of the cessation of use. A bond or other security guaranteeing the removal of the tower ire the event that it is abandoned or unused for period of 12 months shall be posted, A cost estimate shall be provided by a qualified contractor. The amount of the ,security shall be 11 percent of the estimate. 1) A determination shall be made that the facility and its equipment will comply with all federal� state an local emission requirements,, and the Special Use Permlt shall 'Include t tement that the facility and its equipment will compel with all federal, state and local emission requirements. m The Special Use hermit shall include a condition that the electro- magnetic radiation levels maintain m liance w'itl requirements of the IF "QmMiSSiGn 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 ire relation to FCC standards. In addition, the tower owner must provide documentation f emission levels within five working days if so requested by Orange County. Oranige County may make such requests at any time, not to exceed four tires per year. n High voltage and "No Trespassing" and other warning signs, 1) If high~ voltage is necessary for the operation of the telecommunications tower r any accessory structures, .1 IGH 'VOLTAGE a DAUG,ER" warning ,algae shall be permanently attached to the fence or wall and shall be spaced no more than forte feet apart, 2) �� TRESPASSING warning signs ns all a per'manentl'y attached to the fence or wall and shall be spaced no more than fob X40 feet apart. 3 The lure for the "HIGH VOLTAGE a DANGER" and "NO TRESPASSING warning signs shall be at least six 6 inches in height. The two 2 ring algae may be combined into one sign. The warning algae 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 "i the co�ntent of the signs may be obstructed bly landscaping. 5 Signs noting federal registration (if required shall be attached to the tower structure in compliance with federal regulation. 0) Equipment storage. Mobile or immobile uipment not used in direct support of a tower facility shah not be stored or parked on the site of the telecommunicatilion tower, unless repairs to the tower are being made. GAT ire k 'ter OrdZCell Tyr Ordinance RevB PUBLIC HEARING ORDINANCE (DRAFT) 18 X22 p Signs and advertising. The use of.any portion of a tower for signs or advertising purposes including company name, banner;, streamers, etc. shad be strictly prohibited. Section 9. That this ordinance be filed In the book of published ordinances. section,10. That this + rdi"n rwce is effective upon adoption. A u NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County' be adopted. Upon motion of Commissioner seconded by Commissioner the foregoing ordinance was adopted this the day of 2002. I, Donna S. Baer, Clerk to the o rid of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the or oin g is a true copy of so much of the proceedings of p said Board at a meeting held on 2002 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hard and the seal of said County, this day 2002. Clerk to the Board Commissioners N SEAL n a d N GATKingwower ord=ell Tower Ordinance RevB - r 4.3 PERMITTED USE TABLE A=CLASS A SPECIAL USE(ARTICLE B=CLASS B SPECIAL USE(ARTICLE P17 Elevated Water Storage Tanks B B B 13 B B B B 8 B 8 B B E3 B B B P17A Telecommunication Towers(160 feet B 8 B 13 a a Et B 13 8 B Et B 8 B 8 In eight or 9I cder Telecommunication Tom(shoe then 200 feet—four )carriers T le mmuni 1l' n Towers(greater P 1 C than ISO In Mehl-leas then arr �� A A A A A A - M P1 7D Telecommunication Tower—Stealer tot or shorter) Research Lards& Installations.,NiDn- pie profit m P1 A7C3 Schools: Elementary,Middle M) Secondary 9 0 I=' Schools: Vocational M P1 Schools: Dance,Art& M u VC < . 0 P21 P21A Non-Profit Educ llonal CooperatW(1) A K T M P22 Transmission Lines B B a B B B B B 8 B B B E a B B B B U z P23 Universities,Colleges& Dilutes P24 Governmental Facilities&Office i Buildings P25 Water&Sanitary Sewer Pumpiing P26 Cpffltreat Center B. 19 B AB AR R1 R2 R3 R4 FIS Re A13 LCI NC2 CC3 GC-4 ECS 01 Ef 11 12 13 A EDD HED PI D Amendments: (1) -1 2 1-5-87 ( 2-19-91 ( 3-1 024 N X N THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY 0 025 An Ordinance Amending the Orange County Schedule of Fees Be it ordained by the Board of Commissioners of the County of Orange, North Carolina,ling, that the Orange County Schedule of Fees is hereby amended by adding the new fees as follows: Section 1. Building Inspection ""'"' a lm, Communication Towers New Tower (per linear foot of height) $20.00 If (measured from grade to upper most height, 1ncluding antenna Co-User (at initial tower construction): $500,00 user Co-Location date subsequent to tower construction): $11000.00 Annual Electrical Inspection-, $ 00.00 Minor Inspection Fee if performed by Inspections Staff $1 00.00 Minor Inspection ection Fee If performed y Consultant) Cost 10% Se l. Zoning Review lees: Communication Towers Master Telecommunication Plan Amendment Requests,., $200.00 Telecommunication Tower, Special Use Permit, Class A $ 0,000.00 (includes consultant fee) Telecommunication Tower, Special Use Permit, Class B $80500.00 (includes cons lta t fee) Zoning Review Fee (building permit): $100.00 Section 3, Recyclable Materials Solid Waste Permit— 5% of building permit fee Section 4. That this ordinance is effective upon pti I OW TAN E RFF01RE 8E IT RE SO LVED by the Board' o r ' of Orange County Commissioners that this ordinance entitled 'A Ordinance Amending the Orange County Schedule of Fees be adopted, Upon motion of C+ mmissio er seconded by Commissioner the foregoing ordinance was adopted this the 17 of September 2002. I, Donna S. Baker, Clerk to the B ar ' of Commissioners s for the County of Orange, North Carolina, DO HERE CERTIFY that the foregoing is a true copy of so much of the proceedings gAroberkcll towerWev otdinance 026 of said Board at.a meeting held on September 17, 2002 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this�day of 92002. Clerk the Board of Commissioners SEAL a a . A A gAroberkell toweAfee.ordinance