HomeMy WebLinkAboutS ORD-2002-037 Telecommunication Tower Ordinance Amendments~,Q~J - ~D ~ ~ - 4v ~'
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An Ordinance Amending the Zoning Ordinance of Orange 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 14.2.3 by adding
the following subsection to read as follows:
t. The names of all property owners adjacent to, and across the street from, the
proposed project shall be shown on the site plan.
Section 2. (page 4-14) Permitted Use Table---Amend P17A to read Telecommunications
Towers 150 Feet in Height or Shorter
- DELETED BY BOCC
Section 4. (page 4-14) Permitted Use Table--Amend P17B to read P17C Telecommunications
Towers Greater than 150 Feet in Height
Section 5. (page 4-14) Permitted Use Table-Amend P17C to read P17D
Telecommunications Towers-Stealth (75 feet in Height and Shorter)
Section 6. (page 8-3) Amend Section 8.4.1 (Pre-Application Conference) to read as follows:
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)
1) Prior to the acceptance of any applications for Telecommunications
Towers, a plan indicating proposed search areas shall be submitted to
the Zoning Officer on or before December 31S` of each year. The
purpose of the ATPM is to allow for a complete review of co-location
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
towers 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 towers 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
plan shown at the ATPM.
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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 ATRM 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 Committee (DRC) that such a
waiver is necessary. The DRC 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.
Section 7. (Page 6-25d) Amend Section 6.18 to read as follows:
6.18 Telecommunications Towers and Eauiqment
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:
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 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 omni-directional antennas, such as
whips, excluding radar antennas, amateur radio antennas and satellite earth
stations.
Building Code - The most recently adopted or amended edition of the North
Carolina State Building Code.
Co-location - Locating telecommunication equipment for more than one provider
on one qualified shared facility at one site.
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, shall not deem
a situation to be commercially impracticable.
EIA-222 - Electronics Industries Association Standard 222 (Structural Standards
for Steel Antenna Towers and Antenna Support Structures).
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Existing Structure/Building - For purposes of this Section, any building or
structure that is currently existing on a parcel of land. Such structures may
include, but shall not be limited to, telecommunications towers, overhead
transmission line support structures, water tanksj 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.
FCC - The Federal Communications Commission
Fall Zone - The circular area measured from the base of the tower outward in a
circular pattern (radius) for a distance of 110% of the proposed or existing
tower's height including lightening rod. Telecommunications towers shall not be
located on property where the proposed tower's fall zone will encroach on a
residential, buildable, lot.
Guyed Tower - A telecommunication tower that is supported, in whole or in part,
by guy wires and ground anchors.
Inspections Division - The Orange County Planning and Inspections Department.
Master Telecommunications 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 telecomrnunications towers less than 200 feet in height provided
that all applicable federal, state, and local regulations are met.
Microwave dish antenna - A dish-like antenna used to link wireless service sites
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 foundation, constructed without guy wires and
ground anchors.
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.
Qualified Shared Facility - A telecommunication tower or existing
structure/building that is appropriately designed for sharing antenna space, and
grants space on the tower in a fair, reasonable, and non-discriminatory manner.
Roofline - The overall ridge line of the structure, not including cupolas, elevator
towers, clock towers or other similar features.
Search Area - An area or areas defined on a map or maps showing the
maximum extent of locations suitable for the installation of an individual
telecommunications provider's facilities (tower or antenna co-locations).
Self-Support/Lattice Tower - A tapered structure broad at the base and more
narrow at the top consisting of cross-members and diagonal bracing and without
guyed support.
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Stealth or Stealth Technology - Technology or practice intended to minimize
adverse aesthetic and visual impacts on the land, property, buildings, and other
equipment adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications towers and equipment,
which shall mean using the least visually and physically intrusive tower and/or
equipment that is not technologically or commercially impracticable under the
facts and circumstances.
Stealth Facility - Any stealth telecommunication tower or equipment which is
designed using stealth technology to blend into the surrounding environment.
Examples of stealth facilities include architecturally screened roof-mounted
antennas, antennas integrated into architectural elements, and
telecommunication and/or personal wireless services towers designed to look like
light poles, power poles or trees.
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.
Telecommunications Tower - A guyed, monopole or self-support/lattice tower,
constructed as a free-standing structure containing 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 codes.
Telecommunications Tower, Stealth - A telecommunication tower 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 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.
Unforeseen Events - Condemnations of existing telecommunications towers for
road projects, casualty of existing telecommunications towers, blocking of signals
from new construction necessitating a relocation of a telecommunication tower,
or the need to replace an existing telecommunication tower 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.
6.18.1 Administrative Approval of Stealth Telecommunications towers and
Telecommunication Eauipment
New stealth telecommunications towers up to 75 feet in height, which are
sufficiently disguised so as to minimize visual impact, may be approved
administratively by the Planning Staff provided that all of the provisions contained
in Article 8.8.17a are met.
The placement of telecommunication equipment on existing structures may be
approved administratively as provided for in this ordinance.
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6.18.2 Telecommunications towers and eauipment as principal or accessory uses
a) Telecommunications towers 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 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 tower in any zoning
district must be approved as a Special Use, except as permitted
in the Master Telecommunications Plan ("Plan").
b) Existing Telecommunications towers
1) Telecommunications equipment as accessory uses may be
placed on existing towers 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 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 Section 6.18,
replacement must be approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications towers.
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.
b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication tower 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.
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;
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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.
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.
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f) Fees.
1) A filing fee as set by the Orange County Board of
Commissioners shail 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 towers.
All telecommunications towers must meet the following minimum standards:
a) Prior to the issuance of a Building/Electrical Permit by the
Inspections Division, a site development plan 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 be minimally visually
intrusive 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:
1) the existing cell sites (latitude, longitude, power levels) to
which this proposed site will be a handoff candidate,
2) a Radio Frequency plot indicating the coverage of 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 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 service enhancement without the
tower.
a) County staff will utilize the services of a registered
professional engineer to confirm the statement made in
item 5) 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 (2) users and
self-support/lattice or guyed towers shall, at a minimum
accommodate three (3) users.
e) Standards of evaluation.
1) 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.
2) Telecommunications towers shall conform with all of the
requirements of Sections 8.8.17a.1a (a-g) and 8.8.17a.2
of the Zoning Ordinance.
3) 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.
4) A tower consultant shall provide Staff assistance on
exorbitant rate leases.
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
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2) Inspection records shail 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 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.
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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 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, 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.
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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 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.
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 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.
b) Public land or right-of-way lease agreements
shall be established by separate instrument and
recorded prior to the issuance of Building
Permits.
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c) Escrow Account. An escrow account of an
amount determined by the Board of County
Commissioners shall be paid by check to
Orange County upon filing of a
telecommunication tower application. The
account shall be drawn upon to pay associated
consultant review fees during the review
process. Any unused funds in the account after
the approval of the Certificate of Occupancy
(CO) shall be returned to the designated party.
6.18.5 Master Telecommunications Plan ("Plan")
As an alternative to the foregoing provisions, an applicant for a new
telecommunication tower less than two hundred (200) feet in height may elect to
participate in the Orange County Master Telecommunications Plan ("Plan"). The
County may develop a plan which specifies sites within the County where an
applicant may construct a wireless telecommunications tower facility by seeking
issuance of a Building Permit in accordance with the specifications set forth in
the Plan. The Plan shall be presented at a quarterly public hearing. After the
quarterly public hearing, the Plan 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 shall not be subject to an additional,
separate public hearing process on any proposed telecommunication tower
included in the Plan. Applicants will be required to meet all Ordinance
requirements and shall pay a site plan approval and building application fee as
provided for in the Orange County Schedule of Fees.
a) Information to be provided. All telecommunication providers who
elect to construct on properties approved in the Plan shall
provide all necessary and requested information to the County's
telecommunications consultant. Such information shall 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.
b) Plan modification. Modifications to the Plan shall 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 15th of each year. The fee
for annual modification of the Plan shall be that as set forth in the
Orange County Schedule of Fees.
c) The County shall use signal propagation methods and
professional engineers qualified in this discipline and assure
compliance with all federal, state, and local regulations.
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d) All sites specified in the Plan shall be deemed permitted sites for
the construction of telecommunications towers without the
necessity of further public hearing. For those sites specified on
the Plan which are on property owned or controlled by the
County (regardless of zoning classification), the applicant shall,
prior to seeking a Building Permit for such use, negotiate and
execute a lease agreement with the County for such site upon
terms and conditions which are acceptable to the County.
e) Withdrawal from the Plan. Withdrawal from the Plan is permitted
by submitting a notarized statement requesting withdrawal from
the Plan
Section 8. (Pages 8-21 to 8-24) Amend Section 8.8.17a to read as follows:
8.8.17a Telecommunications towers
Overall Policy and Desired Goals for Special Use Permits for
Telecommunications towers. Promoting and encouraging, wherever possible,
alternatives to constructing new towers, including but not limited to the co-
location of wireless telecommunications equipment and mitigating the visual
effect of a telecommunication tower 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 towers,
which shall mean using the least visually and physically 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 Section 6.18.
8.8.17a.1a Additionallnformation
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 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 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.
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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 towers 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 towers, co-location of telecommunications
equipment on existing or new towers shall be encouraged.
d) Monopole, lattice or guyed telecommunications towers shall not be
located within'/2 mile of any existing monopole, lattice or guyed
telecommunications tower. An exception may be allowed when the
applicant can sufficiently demonstrate that 1) appropriate space on the
existing telecommunication tower is not available; or 2) the applicant has
made good faith effort to negotiate an agreement with the owner of the
existing telecommunication tower and has been unsuccessful, which
must be documented in writing; or 3) the telecommunication equipment
on the existing telecommunication tower 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 tower; or 5) the existing telecommunication tower
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 tower at the four-carrier capacity or other user capacity that
can be achieved. There must be a 80% approval vote of the deciding
board for this specific finding to pass the exception criteria.
e) Evidence that the applicant has investigated the possibilities for locating
the proposed equipment on an existing tower. Such evidence shall
consist of:
1) A listing of all telecommunications towers within a 1-mile (for
towers 150 feet in height or shorter or 2-miles (for towers greater
than 150 feet in height) radius of the proposed tower site.
Documents shall be submitted at the time of application filing that
indicate 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 range
within which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing towers within the search range:
a) Telecommunication tower height, as measured from the
base of the tower to the highest point of the proposed
antenna(s), including lightning rods, to be located atop
the tower structure;
b) Existing and planned tower users;
16
c) Whether the existing telecommunication tower could
accommodate the telecommunication equipment to be
attached to the proposed tower without causing
structural instability or radio frequency interference; and
d) If the proposed telecommunication equipment cannot be
accommodated on the existing telecommunication tower,
assess whether the existing tower 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
tower; and
e) any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the tower; and
f) any additional information requested by the County.
3) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing towers in the
search range.
f) Documentation from applicable state or federal agencies indicating
requirements which affect the appearance of the proposed tower, such
as lighting and coloring.
g) Draft bond which will guarantee the removal of the tower in the event that
it is abandoned or unused for a period of 12 months.
h) A listing of, and current tax map identifying, all property owners within
1000 feet of the parcel shall be provided. Addressed, first class stamped
envelopes to said 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.
17
The applicant shall, after submission of an application for a Special Use
Permit, arrange to fly, or raise upon a mast, a minimum of a three-foot
(3') in 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 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 1,000 feet of the subject parcel no less than
fourteen (14) days in advance of the first test date. 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 7:00 A.M.
and 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 weather or atmospheric conditions on the initial date, the
secondary date may be a weekday. 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 mailout. 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
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 no later than ten (10) days prior to the public hearing.
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 no
later than ten (10) days prior to the public hearing. 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 loeated on the same
property as a telecommunication tower shall conform with the setbacks
established for the zoning district or as established through the
subdivision process.
18
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" which shall be provided in order to determine
locations from which the tower may be seen.
Pictorial representations of "before and after" views from key viewpoints
both inside and outside of the County as may be appropriate, 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. Guidance will
be provided, concerning the appropriate key viewpoints at a pre-
application meeting.
An assessment of the visual impact of the tower base, guy wires and
accessory buildings from abutting and adjacent properties and streets as
relates to the need or appropriateness of screening.
All Applications shall contain a demonstration that the tower be 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 tower 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 tower 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.
19
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) Within or adjacent to residential zoning districts, minimum setbacks from
the base of the tower to the property boundary shall be equal to 110% of
the tower height. If the tower is proposed as an accessory use to a
residential use, the tower setback shall be 110% of the tower height from
any residence or dwelling unit on the subject property.
b) Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the tower to the property boundary
shall be the greater of 20% of the tower height, or the minimum required
setback.
c) A Type C Landscape Buffer shall be 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 wires.
Plantings around the compound perimeter 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.
d) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant. Lighting for
equipment buildings shall be situated so that the sources of light and
subsequent light spill are wholly contained on the site. Photometrics of
the lighting for the proposed facility shall be submitted as part of the site
plan. Shields shall be placed on all lighting fixtures to prevent light
diffusion extending upwards from the light source.
e) 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 facility to
include guy wire tie downs and associated equipment should the
applicant/owner wish to do so.
f) The telecommunications equipment planned for the proposed tower
cannot be accommodated on an existing tower due to one or more of the
following reasons:
1) The planned equipment would exceed the structural capacity of
existing and approved towers, considering existing and planned
use of those towers and the towers cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
20
2) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
towers, and the interference cannot be prevented at a
reasonable cost.
3) Existing or approved towers 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.
g) 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 is willing to permit other
user(s) to attach communication equipment which do not interfere with
the primary purpose of the tower, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
h) The color of the tower is of light tone, except to the extent required by
law, so as to minimize its visual impact.
The towers 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.
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 major view corridor.
k) All abandoned communication towers 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 contractor. The amount of the security shall be 110
percent of the estimate.
I) 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.
m) 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.
21
n) 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 shail 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) 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 may be obstructed by landscaping.
5) Signs noting federal registration (if required) shall be attached to
the tower structure in compliance with federal regulation.
o) 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.
p) 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.
Section 9. That this ordinance be filed in the book of published ordinances.
Section 10. That this ordinance is effective upon adoption.
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.
U on motion of Commissioner ~~--~..~seconded by Commissioner ~~~/v~
N ,
the foregoing ordinance was adopted this the 10th day of December, 2002. /
a°~'~i~"\
22
I, Donna S. 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 10, 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 / ay of-~~~~,Lti.20~
Clerk t~the Board of C issioners
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An Ordinance Amending the Orange County Schedule of Fees
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that
the Orange County Schedule of Fees is hereb amended by addin the new fees as follows
section ~. Building Inspection Fees: Communication Towers
New Tower (per linear foot [IfJ of height)
(measured from grade to upper most height, including
Co-User (at initial tower construction):
Co-Location (at date subsequent to tower construction):
Annual Electrical Inspection:
Minor Inspection Fee (if performed by Inspections Staffl
Minor Inspection Fee (If pertormed by Consultant)
$20.00 / If
antenna
$500.00 / user
$1,000.00
$100.00
$100.00
COSt + 10%
section 2. Zoning Review Fees: Communication Towers
Master Telecommunication Plan Amendment Requests: $200.00
Telecommunication Tower, Special Use Permit, Class A $2,500.00
Escrow Account $7,500.00
Telecommunication Tower, Special Use Permit, Class B $1,500.00
Escrow Account $7,000.00
Zoning Review Fee (building permit): $100.00
Section 3. That this ordinance is effective upon adoption.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that this ordinance entitled `An Ordinance Amending the Orange County
e oregoing or inance was adopted this the 10th day of December, 2002.
Schedule of Fees be adopted.
Upon motion of Commissioner--~~~ , seconded by Commissioner ,
th f d'
I, Donna S. 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 the 10th day of December, 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 2002.
-;~;~..~~ t•~~,~~ ~
~ *_~ .lerk to the Board o Commissioners
b D~Z fJ ~~p p Z.~ ~~~
1~2 - 1 p-~.a o Z-
m. Telecommunication Tower Ordinance Amendments ~ m
The Board considered amendments to the County's telecommunications tower ordinance.
Commissioner Gordon made reference to the salmon colored paper with her questions and
the answers from Craig Benedict. Three of the questions led to three proposed changes. The first
suggested change is on page 24 regarding the signs for the balloon test. She suggested that the
minimum size of the sign be no less than four square feet giving the proposed dates, times, and
locations of the balloon test. The other change was number five on the salmon sheet (page 40) and the
definition of commercially impracticable, which means that a telecommunication tower has to be
functional from two standpoints, one being the coverage area and the other being the number of users
related to the tower. This can be read into the record, if the Board agrees with it. Also, she made
reference to page 29a, the table of permitted uses. She wanted to make sure the Board realized that
towers greater than 150 feet (up to 200 feet) would go to the Board of Adjustment if there were four co-
locators on the tower. This is a major incentive.
Commissioner Jacobs made reference to p17a where telecommunication towers 150 feet in
height or shorter indicates no particular co-location, but they still get a class B special use permit. He
asked where the incentive was. Craig Benedict said that the ordinance still does promote co-location
justification criteria in the normal process. In p17c, it is a procedural incentive.
Commissioner Jacobs asked what would happen if the tower was 201 feet. Craig Benedict
said that it would be a class A special use permit. Commissioner Jacobs asked if that was clear from
this. Geoff Gledhill pointed out p17c, which says, "greater than 150 feet."
Craig Benedict said that they could add some language under p17c to say, "and towers 200
feet and greater, regardless of the number of carriers."
Commissioner Gordon would like for the County Commissioners to consider everything that is
150 feet and more and see how it goes. She said that the extra 50 feet means a lot in terms of the
impact on the community.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the telecommunication ordinance as revised by the Planning Board with the amendments as
made above by Commissioner Gordon, and the change that if a tower is 150 feet in height or shorter, it
is a class B special use permit, and if it is greater than 150 feet in height, it is a class A special use
permit.
Commissioner Jacobs asked what the process incentive was for someone to have four
carriers. Commissioner Gordon said that it would take out the process incentive and it would allow the
County Commissioners to decide on towers more than 150 feet.
VOTE: Ayes, 4; No, 1(Commissioner Carey)
9. ITEMS FOR DECISION - REGULAR AGENDA
a. Schools Adequate Facilities Memorandum of Understandinq
The Board considered approving a proposed School Adequate Public Facilities memorandum
of understanding (MOU) and considered confirming the future intention to adopt a model ordinance
(SAPFO).
Craig Benedict pointed out the revised abstract (lavender). There has been an extensive
amount of input from every jurisdiction and every perspective.
Orange County is in a different position from the majority of the other participants because
we have development permit authority in the Orange County School district and in the Chapel Hill-
Carrboro School district. When Orange County passes the MOU and the ordinance, it will be clear that
the development process will have certain specific aspects. Staff is asking that the County
Commissioners approve the MOU for the two school districts with the addendums noted in the abstract.
One addendum to the MOU was a clause from the Town of Carrboro that asked that when the projection
numbers come out of the Planners/School Representatives Technical Advisory Committee, that they are
distributed as soon as possible for comment and input by the local governments and parties to the local
agreement. The Town of Carrboro also asks that they remain involved in the program as long as the
County Commissioners continue to adequately fund the CtP. In the Chapel Hill-Carrboro School district
at this time, there are no capacity problems that would cause an instant moratorium. So the level of