HomeMy WebLinkAboutAgenda - 02-27-2012 - C4ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 27, 2012
Action Agenda
Item No. C -4
SUBJECT: Review of Proposed UDO Text Amendments) — Telecommunications
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Unified Development Ordinance (UDO) Michael D. Harvey, Planner III 245 -2597
Amendment Outline Form (UDO /Zoning- Craig Benedict, Director 245 -2575
2012 -09)
2. Proposed UDO amendments
PURPOSE: To review and comment upon proposed Planning Director initiated UDO text
amendments relating to the permitting of telecommunication facilities. This amendment was
discussed at the November 21, 2011 dinner meeting between the Planning Board and the
BOCC. The proposed amendments are contained within Attachment 2.
BACKGROUND: Please refer to Section B of Attachment 1.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION: RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposed amendments as detailed herein.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the May 1, 2012 BOCC regular meeting.
4. Adjourn the public hearing until May 1, 2012 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Attachment 1 3
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
F.11
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning- 2012 -09
Amendment(s) addressing the permitting and regulation of telecommunication
support structures
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: - --
To: - --
❑ Zoning Map:
From:- --
To:---
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
Section(s):
® UDO Text:
❑UDO General Text Changes
®UDO Development Standards
®UDO Development Approval Processes
Section(s): Section 5.3 Table of Permitted Uses;
Section 5.10 Telecommunication Facilities of the UDO
❑ Other:
B. RATIONALE
1. Purpose /Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to modify existing language governing the erection of
1
4
Attachment 1
telecommunication support structures.
At the November 21, 2011 dinner meeting between the BOCC and the Planning
Board a discussion ensued over the need to modify existing permit review processes
for telecommunication support structures (hereafter 'Tower').
Specifically a recommendation was made to modify the maximum allowable height of
a Tower reviewed under the existing Special Use Permit processes.
Currently the Ordinance requires an applicant proposing a tower over 75 feet but
under 150 feet in height to apply for a Class B Special Use Permit, which is acted
upon by the Board of Adjustment. Towers over 150 feet in height are reviewed by
the BOCC through the submittal of a Class A Special Use Permit application.
The proposed modification would allow towers over 75 feet but under 200 feet in
height to be processed as Class B Special Use Permit while towers 200 feet and
higher would be processed as a Class A Special Use Permit.
The changes were recommended to coincide with lighting requirements enforced by
the Federal Aviation Administration (FAA) and to foster additional tower development
opportunities in an effort to address communication needs in the County.
In reviewing the proposed change staff noted the following issues:
1. Existing regulations and development standards contained within Section
5.10 of the UDO are contradictory and confusing thereby exacerbating the
permitting review and approval process,
2. 'Submittal Requirements' for permits are unnecessarily repeated in several
different sections of the UDO, and
3. A general lack of cohesion amongst the various sections regulating Towers
leading to the confusion of the reader.
Staff determined that a comprehensive reassessment and re- organization of existing
regulations was necessary to address these concerns.
2. Analysis
The amendment is necessary to address suggested modifications with respect to
tower heights and clean up existing redundant, confusing language contained within
Section 5.10 of the UDO.
3. Comprehensive Plan Linkage (i.e Principles, Goals and Objectives)
This is a house keeping item to address comments made by Planning Board and
BOCC members as well as to address identified inconsistencies contained within the
UDO.
These modifications are supported in the following portions of the Comprehensive
Plan:
2
Attachment 1 5
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy consistent
with other Comprehensive Plan element goals and objectives.
• Services and Community Facilities Goal 7: Efficient and effective public
safety including, police, fire, telecommunications, emergency services, and
animal services.
• Objective PS -T -6: Develop a mechanism for cooperation with
telecommunication facilities stakeholders regarding the siting and design of
towers.
• Objective PS -T -7: Manage the number of future wireless telecommunication
facilities by identifying preferred locations capable of accommodating service
Countywide.
• Objective PS -T -8: Encourage the expansion of affordable, high -speed
Internet access, fiber -optic lines, and other high -speed communication
networks to rural and underserved areas.
• Objective PS -9: Maintain a radio communication system that ensures reliable
notification and oversight of emergency assets, such as personnel, vehicles,
and response equipment, throughout Orange County and inter - operability of
communication among jurisdictions.
• Objective LU -1.1: Coordinate the location of higher intensity / high density
residential and non - residential development with existing or planned locations
of public transportation, commercial and community services, and adequate
supporting infrastructure (i.e., water and sewer, high -speed internet access,
streets, and sidewalks), while avoiding areas with protected natural and
cultural resources. This could be achieved by increasing allowable densities
and creating new mixed -use zoning districts where adequate public services
are available. (See also Economic Development Objectives ED -2.1, ED -2.3,
ED -2.10, and Water and Wastewater Objective WW -2.)
4. New Statutes and Rules
N/A
3
Attachment 1
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
January 24, 2012
b. Quarterly Public Hearing
February 27, 2012
c. BOCC Updates /Checkpoints
February 7, 2012 — approval of legal advertisement
May 1, 2012 — receive Planning Board recommendation
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
January 4, 2012 — Ordinance Review Committee. The ORC did not have any
major revisions to the proposal and indicated their approval of the proposed
amendments.
March 7 /April 4, 2012 (recommendation)
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published on February 15 and 22, 2012.
e. Outreach:
❑ General Public: Consistent with NC General Statutes and Orange County
requirements
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
n
Attachment 1 7
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2011 -12 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning
Director is required to: `cause an analysis to be made of the application and, based upon
that analysis, prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners'.
The amendment will eliminate existing redundancies concerning the processing of
telecommunication support structures and provide additional opportunities for such
development throughout the county in an effort to address local telecommunication
needs.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2 of the abstract package
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
m harvey@co. orange, nc. us
5
UDO AMENDMENT PACKET NOTES: Attachment 2 9
The following packet details staff's proposed modifications to existing regulations governing the
review and development of telecommunication facilities.
These amendments are based on comments/direction received by BOCC and Planning Board
members at the November 21, 2011 dinner meeting as well as the January 4, 2012 Ordinance
Review Committee (ORC)meeting with the Planning Board.
As the number of affected pages associated with this proposal is extensive, and substantial text is
being modified, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to
the UDO
• Red Stfikedffettgh Text Denotes existing text that staff is proposing to delete
• Cieen `tr-iketh-fag Text: Denotes existing text that staff is proposing to re-locate as
part of the proposed re-organization of existing regulations. The anticipated benefit is the
elimination of existing ambiguities and redundancies as well as grouping similar
standards into central sections of the UDO to avoid confusion.
• Green Text: Denotes the existing text that has been re-located to a new/revised section of
the UDO.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because the adding text may shilf all
of the text/sections downward.
Article 5: Uses
Rinnfinn R 9• Tnhlm of P.—;++-,4 j i—,
4 TABLE • PERMITTED USES - GENERAL USE ZONING DISTRICTS
CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS
GENERAL USE ZONING DISTRICTS
AR RI R3 R4 R5 R8 R1 3 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID
Use not permitted as a Conditional Use District; permitted only in zoning districts where noted on Table of Permitted Uses; See Section 5.1.4(E)
Telecommunication Tower - Stealth (75 feet or
shorter
I
I *
*
I -
I *
*
T�elecommunication
shGrterOver
Towers (150 feet in heig4t-ef
75 feet and under 200 feet)
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
T�elecommunication
Towers (gFeateF thaR 15
200 feet and hi her
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
TEMPORARY USES
Buildings, Portable
B
B
B
B
B
B
B
B
B
B
B
B
B
B
Temporary Mobile Home (Custodial Care)
B
B
B
B
13
B
B
B
B
B
Temporary Mobile Home (Use during
construction/installation of permanent residential unit
and for 30 days following issuance of Certificate of
Occupancv)
AUTOMOTIVE / TRANSPORTATION
Bus Passenger Shelter
Bus Terminals & Garages -
Motor Freight Terminals -
Motor Vehicle Maintenance & Repair (Body Shop) -
Motor Vehicle Repair Garage -
Motor Vehicle Sales / Rental (New & Used)
Motor Vehicle Services Stations
Parking As Principle Use, Surface or Structure
Petroleum Products: Storage & Distribution -
Postal & Parcel Delivery Services
UTILITIES
Elevated Water Storage Tanks
B
B
B
B
B
B
B
B
B
BL
I
B
B
B
B I
B
LB
B
' See Section 5.14.1 for special standards
wFaliqu Lounly, morn %.oaroiina — UnMea Uevelopment Ordinance Page 5-8
-A
CD
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
(a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b) The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan ("Plan")'
(A) The Plan will-is intended to assist providers in their search for suitable locations to build
their service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
If,% In all Gases, an interest i 11--wing—th—e—plaGe m ant of teleGernmuniGatien equipment on the
PrGpeFtisMreperties shall have been e. rr ed
In order to participate in the MTRPlan, all owner(s), or their legally binding
representatives, shall submit an application on a form prepared by the Planning
Department and meet the fbilewiRg g side nes:requestinq inclusion.
'Existing regulations establishing the Master Telecommunication Plan(MTP)are vague,confusing,and scattered
throughout Section 5.10 of the Unified Development Ordinance. Staff is modifying existing language in an effort to
make the section easier to comprehend,group regulations into central sections,and eliminate existing redundancy.
Orange County, North Carolina—Unified Development Ordinance Page 5-73
Article 5: Uses
12 Section 5.10:Standards for Telecommunication Facilities
{ } (D)_ All telecommunication providers who elect to
construct facilities on properties in the Plan shall provide all necessary and
requested information to the County's telecommunications consultant. 2
(Q —
Modification of the Plan may be considered annually at the
February Quarterly Public Hearing. Any applicant requesting modification of the
Plan shall make application to the Planning Director on or before December 1 st
of each year. The fee for modifying the Plan shall be that as set forth in the
Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any
owner submits, to the Planning Director, a notarized statement requesting
same. Upon receipt of the request including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the
Planning Director shall inform interested parties that the property has been
withdrawn from consideration. Removal of the property from the Plan shall be
processed as a modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Meeting icsPurpose and Outcome:3
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues,4 and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to
the County shall hold a meeting Of all GaFrieFs and t
filed appliGations the previous yeaF or anyone who has expressed an inteFest in
filing an appli thin the Geunty_-4-e�5to develop a
plan for facility deployment within the County that provides reasonable coverage
based on the needs of the County and its residents, while minimizing the total
number of needed telecommunication support facilities including minimizing
theand intrusiveness of the-such facilities,and encouraging the development of a
more most efficient faGility site itCe telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
_Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
The County shall notify eaGh paFty of the date, time and plaGe of the-meetkig-RG
later than 30 d- '0 the meeting at the last kROWR address of the paily and
(3) AttendaRGe at the ATPM is mandatOFY.
I
(B) Applicability
2 Section 5.10.2(D)(1),(2),and(3)technically are not guidelines for inclusion on the Plan. They are guidelines
that all participants are required to adhere to. By removing them as a subsection of(C)they will apply in every
instance rather than as just a requirement for inclusion on the Plan.
3 The overall purpose and intent of the ATPM is scattered throughout Section 5.10,most notably Section 5.10.3 (B)
(1). Staff is moving pertinent language to this section,denoted in green text,and renaming the existing heading.
4 This language was previously contained within Section 5.10.3(B)(1). It was moved here as this is Section is now
intended to provide the `purpose and intent' of the ATPM meeting.
5 This section,denoted in green strikethr-(,+ text,has been relocated to Section 5.10.3 (C)
6 This section,denoted in green str-ik��.�otigh text,has been relocated to Section 5.10.3 (C)
Orange County, North Carolina—Unified Development Ordinance Page 5-74
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 13
(1) �pertStFu+�es;By December 31 s1 of each calendar year, telecommunication
providers shall submit to the Planning Director a plan indicating proposed search
rings for anticipated telecommunication support structures. This plan shall
identify areas where providers are looking to locate facilities, as well as identify
those areas of the County that are underserved by existing facilities. e
opportunities and addFess $ Aft lTl it Ions nr Jea rrh area
plans aFe Feeeived, the Planning Department Staff shall sGhedule an ATPM
dUFing the month of januaFy with the PFOvideFs. New applications f0F Class A
Publie Hearings. New appliGations for Class B SpeGial Use Permits for
Adjustment in aoGordanGe with the published BE)aFd ef Adjustment meetiRg
identified on Teit her the site plan er the ea rah ring plan shown at the ATRM
GE)MMiGGiGRers, and meet RgS of the Board ef Adjustment, shall be submitted
(3) EXGeptiens to the AT-PM FequiFement as it applies to a paFtiGulaF site may be
.
allowed iR Gase of unforeseen events r r,1 �r ir1 pp
d the linant shall submit
Committee(DAG)that su - -. GessaFy. The DAG shall make a
t 0
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.
(C) Meeting Specifics:
(1) The meeting shall occur by the end of January of each calendar year the GGURty
shall held a eetiRg of lu
(2) Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County
11
(3) The County shall notify each party of the date, time, and place of the meeting no
later than 30 days prior to the meeting 12
(4) Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
Staff has re-organized the existing language concerning the submittal of the necessary documentation for the
annual meeting. The submittal requirements are not changing.
s This section,denoted in green str-ik�"r gh text,has been relocated to Section 5.10.3 (A)
9 Language contained within 5.10.3(B)(1)(2)(3)is recommended for deletion. Staff believes that Class A Special
Use Permits for telecommunication support structures should be reviewed at any of the 4 regularly scheduled
Quarterly Public Hearings.
10 This language was previously located in Section 5.10.3 (A)(1). Staff has recommended the deletion of
unnecessary text to make it more understandable.
11 This language was previously located in Section 5.10.3 (A)(1).
12 This language was previously located in Section 5.10.3(A)(2).
Orange County, North Carolina—Unified Development Ordinance Page 5-75
14 Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
submittal of an application, it will prevent the applicant's ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year.
(D) Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1) Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
(2) Notwithstanding the other provisions of Section 5.10, telecommunications towers
in existence as of December 10, 2002, may be replaced with a wireless support
structure of equal or less visual impact after approval by the Planning Director.
However, if the proposed new wireless support structure would not be consistent
with the minimum standards under Section 5.10, replacement must be approved
as provided for in this Ordinance.
5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or
Accessory Uses
(A) Wireless telecommunications support structures shall be permitted as a principal or
accessory use in accordance with the Table of Permitted Uses and 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) Wireless telecommunications facilities, as part of existing utility poles shall be
permitted as an accessory use. Wireless facilities 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 new wireless telecommunications support structures shall be in
accordance with the Table of Permitted Uses, except as permitted in the Master
Telecommunications Plan ("Plan")or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication f=acilities
(A) Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2) Any wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 459-200 feet in height that-�located on
property that is owned or leased by Orange County; and
13 Section 5.10.3 (A)(3)of the UDO requires attendance at the ATPM for those wishing to submit an application for
a telecommunication support facility during that given year. In consultation with the Director,staff believes that a
lack of attendance should not preclude the submittal and review of an application.
Orange County, North Carolina—Unified Development Ordinance Page 5-76
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 15
(4) Any wireless support structure less than 4,178 200 feet in height on which the
owner of such facility permits the County to collocate its wireless facilities on the
structure at no charge to the County when the location of such facility is of benefit
to the County as determined in the sole discretion of the County. 14
(5) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6) Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached.
(b) The proposed additional facility will not increase the ground space
approved in the site plan for equipment enclosures and ancillary
facilities.
(c) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(d) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(e) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of the Ordinance. s
deemed G ple+e•
0) Payment of all app"Gable fees requiFed by SeGtiGR 5.1 0.7(D) ef this QFdiRaRGe
app';GatiGR.
(2) A signed statement fmm the appliGant GeFtifying that the apploGaRt'S proposed
Fed al Laws, i and Feg latee
autheFmzed te do bUSiRess in the State, and If the appliGaRt is a feFeigR entity, the
16
(4) A site plan pFepared iR ar.GeFdaRGe With SectiGR 2.5 of this OrdiRaRGe ShE)WmRg
14 Modifications to Section(s)5.10.6(3)and(4)are intended to keep the administrative approval of
telecommunication support structures
15 The regulations contained in Section 5.10.6(B)are the same as those detailed in Section 5.10.8(A). Also staff
believes that we need a central section for all submittal/review criteria rather than have it in multiple sections of the
UDO. All submittal/review requirements are now in a central section. The item is shown as being deleted as we are
already repeating the same standards in Section 5.10.8(A). Staff does not believe it is necessary to repeat the same
standards over and over again.
16 This specific standard,denoted in green stfiketlifeugh next,has been relocated to Section 5.10.8(A)
Orange County, North Carolina—Unified Development Ordinance Page 5-77
16 Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
appurtenanGes and apparatus, inGluding height above the lowest adjaGent pre
(6) The azornuth, size and eentedine height IOGatien E)f all proposed and existing
,
thel., c iAa ti n she t(s) fed the antennas•
e�p c°crrrvccivrr-.ma.°cry�'rvrmc-arrccnrraT
(8) The age of the existing toweF(of any) On yeaFs, induding the date of the gFant e
the original n m•+e authorization fed the existing +e..° •
(9) A desuiption of the type of wireless SUPPE)Ft StFUGtUFe, e.g. guyed, self SLIPPOFtiRg
laft+seeaayole;
(10) The make, model, type and manufaGtWeF ef the wiFeless suppeFt stFueture and
the State, proving the std Eture'8 n^ ^h'I,'+�C D safely a GIrnmedat C the,f^Gi•1rT+
fr7
of the°tn,d.t,.re is needed, a detailed rat' explaining what ha
needed! why they o.°, ,,.°,°v.`+.ed a"..n`'I., .:hat entity will be FespeRsible to assure that
the neGessanw changes a made;
(11) A GGPY of the installed fGURdatien M
sGlIs in. +i
s nn+inn eyal, a+in rt pe and fg nda}• daft n fgr the
SUPPrart svcr6n+r-'a'^ature.
(12 FeF a wireless s Pert str,,gt,,re that is five.w eld er^Idler } guyed OF
atrud.+ure that is three v old A--r elder ^ of the latest ANSI Rener+done
pursuant to the latest edition -f NS-;-FEW.M.A.222F Anne„ C fer any elf
s6hedule, an ANSI Fepoft shall be done and submitted as paFt of the appliGatiGR.
has been Gomnleted era h d I f the e d'a+' weFk.
(13) A StFWGtUFal Report signed by a Professional ERqiReeF IiGensed to do business
the State and bearing that eng'n ently valid stain h +h
std, d.+„ al ado nv f the I rt } + + d + +h
.....,.....,.... .......yuacry-v,zr,c°=•'r'ire�evo va n�n^vr��vcc'ai°c-iv-accvmri-revctcc-crrc
shelter, UR!esG the equipment sheiteF us IGGated en the lowest floe
that the potential exposure to RF Fadiation (i.e. Non 1 .11. - - .. tien), will
he_GGM I with+h + t F=GG I +' RC rad'a+in d
..H.,y:.. the ,,i�vvsTCC°cnrr-vvTCgaTariePTO�^evcn'�^^-i
the FCC's-Permitted standaFds and aRY er+ien( of the tr. at...a that would, be
exposed to RC adia+in in excess of the FCC's n mitted standards
Gemnlian with the FCC's r „la+i^new eh an instance the RC radia+ien
... a.1,, ° ,
n„m„la+ive eff°n}en a of the building OF }„area StFUn re deemed a sihle by
the publiG er,•weFkers-S:Gh FepoFt or aRalysis rye signed and sealed by
Rrgfes al Engineer licensed in the Sta te
Orange County, North Carolina-Unified Development Ordinance Page 5-78
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 17
(16) if the mQdif!r--,a#iE)n eF antenna aFray GGll9Gat!E)R is 30 feet E)F FnE)Fe above gFeund
level, then a signed dGGUmeRt GUGh as the FCC's"GheGklist to DeteFMiRe
pmvided to verify that the modifiGation or antenna aFray Ge !GGafion will fully
toof a QII'Irline Dermi+
(16) if any seGtiGR oF pE)Ftion of the StFUGtLIFe to be attaGhed to is net in GE)rnp4an-Ge
excess of the FGG' lat' and be marked eff with yellow and b!aGk striped
WaFn*Rg tape er a suitable waming barFier, as well as PIaGiRg RF Fadiation signs
as needed and appropriate to waFn individuals of the potential daRger�
(17) A signed statement that the appliGant will expeditiously remedy any phySiGal OF
that pFeve that the wiFeless SUPPeFt StFUGtUFe and its foundation as pFepesed to
-ho i-4;I0;zPtj are designed and 14GIG Gonc7TrUGted to meerall-Gean#y, -tate, federal
defend,and ANSI StFUGtUFal reqWiFerneRtS fOF leads, inGluding Wind and iGe leads and the
plaGernent of any equipment GR the roof a building afteF the addition of the
shall require the applicant, to the extent peFMitted by law, to at all ti s
penalties,iRdeMRify, pFE)teGt, save, hold haFMIess, and exempt the County, and its Gff;Gers,
fFGM any and all damages,
I "ms suits, demands, Gauses of a t'nn award of damages whether WhiGh might arise out ef, or are Gaused by the nlonemen+ n ll
nstro+inn
erection, modification IE)Ga}I ^
°on perf��anGe_use, ere+'on ain+enenre
of damages as may be attFibutable to the negligent or iRteRtiGRal aG
ornissieRs of the County, or its seFvants eF ageRtS. With respeGt to the penalties,
� �
damages ha efe erd heFein, osnnehle attorneys' fees _Gnn , Itonts OF fees,
and o rt witness fees are inch cd de in these nnsts that the/ten my n
r an
reeever. Notwithstanding the requ+remeflts neted above an iRdeMRifiGat'qR
PFGViSiGR Will not be __--_Feld in these instannes urhere the County itself-innl's
fn d seGUFes a C al Use Derma}fnr a wiFeless fanility.
(G) Asdedi"---+1 Iequ i.r-ments
building PeFrnits to att2Gh the fiFst antenna to an approv-4 wi,eless support struGture shall
also PFOVide the felle
I
ne', f-, ajar eel„ ' h ding and explaining the ar se for the faEilit sz'^
as GGverage°-'a°^,r�G�cprc '7 Irnr^�--rcic.rr,g cnF' Q � � �,-
r♦/e nity, tenhn'nel requirements, and the identi
Orange County, North Carolina—Unified Development Ordinance Page 5-79
18 Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
the serviee type and seFViGe coverage needed primarily within the County. Gh
dOGUrrientation shall inGlude a propagation study of the proposed site and all
adjoining Planned, Proposed or existing sites, that demonstrates a signifiGant gap
in Goverage and/or, of a capaGity issue is involved, to OnGlude an analysis-ef-the
GuFFent and pFGjeGted usage (traffiG studies) USiRg generally aGGepted industry
methods and stand—ards se as to nengl„s; I Prove the Reed fe what-is
ffeP°�
(3) All of the modeling information used to produce the propagation studie-&,
inGluding, but not limited to any assumptions rnade about ambient tree height;
(4) A GOPY of the FCC IlGense appliGable for the intended use of the faGility, as well
as a GOPY of the five and ten year build out plan required by the FCC-,-
(6) The fFequenGy, modulation and Glass of seR�iGe of radio or ether tFaRSMittiRg
equipmen-t,
(6) The maximum transmission power oapability of all radies, as designed, if the
pUGant is a gelh,lar or fi ngtional equivalent Barrier, or them , m
transmiOC'n power pahiN rd
fir as es' rd e of all transmission fagili+'es if the
appligan+is net a ellular or fi,ngt'onal equivalent Barrier;
(7) The antual intended transmv Wv. statuncd as the maximum m ff +' e
r.�.rr v�.r �rrczcrvc all neGessaFy GGntaGt;RfqrMat'GR of the
radiated power (ERR), both -..d watts;
(9) The legal p _ g address, phone the appkat'o name, number,
mni
The Rame, address, phone number, and all neGessaFy G9RtaGt infOFMation Of the
(11) The pe6tal address, tax map MOGk and lot person li
i and paFGel
number,
number of the preperfir•
(12) A Gogh of the FGG linense appl'sahle for the intended ,of the fagiGt)e�T
13 The Zoning D' tr' +and Watershed lair ' high the rt y ' 't, ted;
cvi�rr-r��i�crTV- ' rvncc��n��+�uy--ni-=vii-rrcn�cT.�ro�cri�T.srrcucra cca,
14 A% -The area of the property on which the str G+,,rn to be ++aGhed to ' Igna+ d1
stated both in square foot and a and perimeter let lino dimensions and a
survey showing the leGation of all let lines, metes and bounds, and
easeMeiltS; and
(6] The Ienatien d height f all 'sting and onosed tr„nfi,res n the
`. fir,The onueeareTi�r�--crre
preperty ep whiGh thzrrc StFUGtUre iG106atedand that is the s h'en+of+ho
Ate;
in order to prGteGt the RatuFe and GhaFaGter of the GE)MMURity wherein the far-.ili
is proposer-1 and in ender to n ea}e the least visually intrusive ant r ahl,r
'hle tonnes }}ash meet}o a building Cher to,s+ with a fagie
possT'vre,--.., antenna attaGh rnT or other �� Gic
shall be MOURted on the faGie, Unless it Gan be prGyen that GHGh attaGhMeRt Will
prohibit or have the e#eGt of pFeh;bitiRg the PFGViSiGR of wireless sep'�;Ge and all
antenna a+taghmen+s and exposed nahl'n shall , n flags stea
l+h
teGhRiques to MatGh as Glesely as possible the GelGF and texture of the building GF
ether s+r,,sture
Orange County, North Carolina—Unified Development Ordinance Page 5-80
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 19
�/ ) If an antenna 's proposed to ho tta h d to -star tank, then in nrdc-r+o
T mxn-arrscrrrrcr��pr�v�vvcazv-vccrcra vz iev rv�'a�®r acts cv��R, then i o�vc.rzv
maintain then rren+ nrefile and height of the tank, the antenna mni eating on the
top of the tank or the of a n ral shall only he permitted if the appl'gant Gan
deFnE)RstFate that to IGGate elsewhere will pFohibit or have the effeGt Of pMhibiting
the pFevisien of s
(3) Se as to be the least visually iRtRlsive wireless SUPPeFt--tFHGtuFe FeaseRably
-..eGt and GFeate the least
iRtFUsive or lowest pFefile or visual silhouette reasonably possible, a4-a�a&
attaGhed to a tower or other strUGture shall be flush mounted or as near to flush
mounted as is possible without pFohibiting OF having the effeGt of PFGh�#e
pp Fovision of seryiG as minimize the visual profile of the antennas or prove
teE;hRiGally, with haFd data and a detailed naFrative, that flush MGURtiRg Gan Rot
be used and Would seNe te pFehibit eF have the effeGt of pFehibitiRg the provision
nv service. the appliGant shall demonstrate and provide in Miting and by
(4) Unless the County deerns it inappFOPFiate Gr LARneGessaFy, given the facts and
'
dFawiRg how it hall effectively buffer and sgreen from vi—ev i the has- and all
to a height of ten feet.
(5) The Wireless s part str Uofi re and a
the use of building materials_ onlnrs and textures designed to blend with the
+ t to h' h it may he affixed and to harmop'z with the natirol
r n dings This shall 'nol ude the ut'I'za+ion of stealth gamoi sflage or
gopgealment technology
(6) All utilities installed for a new wiFeless SUPPOFt StFUGtUFe shall be inst
URdeFgFeuRd and in GGRIplianGe with all laws, eFdiRanGes, rules and FegulatieRs
of the C } 'nGI din n s peg'f'oally but not limited to the National Flegtriaal
Safety Code and the National F-mlerutrio;al Code wheFe appFGpFiate.
(7) An aGGess Fead, turn around spaGe and paFkiRg shall be pFGvided to assure
adequate „ergee}e{y� and se�+se-aGGess to the facility site.
existing goads, whether public or nr'vate shall he made to the extent praGkahle
Road GeR6tFWGti0R shall at all times MiRimdzegFeURd dif-41-WhApr-XQ ARd the Gutting
Riinimal distuFbaRGe and FedHGe soil erosion and shall Gornply with any
('n n+ State egg la+ions for then nstrUntinn of reads if the o ent n eF
as d } d at a site visit, then the A pplination shall onntain a GOMmitment by
the appliGant to remedy OF Festere the read oF tum aFeuind spaGe so that it is
se._„eyhle and safe and in _vmnlianoe w;th appligahle regu lath.iens
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(1) 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, 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.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
Orange County, North Carolina-Unified Development Ordinance Page 5-81
Article 5: Uses
20
Section 5.10: Standards for Telecommunication Facilities
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards for Stealth Rooftop or Building,Water Tower, or Transmission Line
Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building Water Tower. or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
lid
() If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
Approval of the Planning Director 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.
(C) Standards for Non-Stealth Rooftop or Building,Water Tank, or Transmission Line
Mounted Antennas
In addition to the standards established in Sub-Section (A) above, the following are
applicable to all Non-Stealth Rooftop eF BuildiRg Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure. water tank, or transmission line;
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) 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;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
Orange County, North Carolina—Unified Development Ordinance Page 5-82
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 21
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25%of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(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 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 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.
(D) Fees and AgreemefAs
0) A filing fee as set by the QFange Geunty Board of Commissieners shall be paid
(2) An engiReeFiRg permit fee shall be paid if a pele is r p o<^d to aGGemmGdate
(3) P blie laR d n ..h+ nf_�eiw loco ------en
+c will be oc+ahliehor•1 by cer»ro+o
T
i
5.10.8 Wireless Telecommunications Support Structures—Submittal and Review Requirements:
(A) General Submittal Requirements for all Telecommunication Support Structures: 18
(1) Submittal Requirements
(a) A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required. 19
"Moved to a new central location within the Ordinance.
"The County essentially requires the same information for a telecommunication support structures. These
standards are repeated several times throughout this Section. Staff is proposing to group them here and avoid
unnecessary repetition.
19 Moved from Section 5.10.6(B)Administrative Approval and 5.10.8(A)(1)ofthe existing Ordinance
Orange County, North Carolina—Unified Development Ordinance Page 5-83
22 Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities
(b) A detailed description of the proposed telecommunication support
structure(i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s) for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage for the proposed
telecommunication support structure.
(c) Elevation drawings and color renderings of the proposed tower showing:
(i) The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii) All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii) The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv) If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d) A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i) Shall be maintained in a safe manner,
(ii) Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii) Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations. 20
(e) A statement, 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.
(f) A statement stating how the proposed tower will minimize visual
intrusiveness to surrounding properties in the area. Criteria that may be
used for such evidence may be height and type of existing trees
surrounding the proposed tower, and local topography.
(g) A copy of the installed foundation design including a geotechnical sub-
surface soils investigation, evaluation report, and foundation
recommendation for the proposed wireless support structure.
(h) The existing cell sites (latitude, longitude, power levels)to which this
proposed site will be a handoff candidate.
(i) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites. This will include all of the
modeling information used to produce the study including, but not limited
to, any assumptions made about ambient tree height.
(j) The search ring utilized in finding the proposed site.
20 Moved from Section 5.10.6(B)(3)of the UDO
Orange County, North Carolina—Unified Development Ordinance Page 5-84
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 23
(k) The number, type, height, and model of the proposed antennas along
with a copy of the applicable specification sheet(s).
(1) The make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site. This will include
documentation establishing the azimuth, size, and centerline height
location of all proposed and existing antennas on the structure.
(m) The frequency, modulation and class of service of radio or other
transmitting equipment.
(n) The maximum transmission power capability of all radios, as designed, if
the applicant is a cellular or functional equivalent carrier, or the maximum
transmission power capability, as designed, of all transmission facilities if
the applicant is not a cellular or functional equivalent carrier.
(o) The actual intended transmission and the maximum effective radiated
power of the antenna(s).
(p) The direction(s)of maximum lobes and associated radiation of the
antenna(s).
(q) Certification that the NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(r) Certification that the proposed antenna(s)will not cause interference with
other telecommunications devices.
(s) A written affidavit stating why"the proposed site is necessary for their
communications service" (e.g., for coverage, capacity, hole-filling, etc.)
and a statement that there are no existing alternative sites within the
provided search ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
(t) A copy of the FCC license applicable for the intended use of the facility
as well as a copy of the 5 and 10 year building out plan required by the
FCC.
Some or all of items listed in (h)through (r) may be required to be provided on a
propagation study data form to be provided by the County.
(2) Additional Submittal Requirements—Co-location of Antennas: 21
In addition to the requirements denoted herein, applications for the co-location of
antennas on existing structures shall be required to submit the following:
(a) The age of the existing tower in years, including the date of the grant of
the original permit or authorization for the existing tower;
(b) For a wireless support structure that is five years old or older, or for a
guyed structure that is three years old or older, a copy of the latest ANSI
Report done pursuant to the latest edition of ANSI-EIAMA 222F—Annex
E for any self-supporting tower. If an ANSI report has not been done
pursuant to the preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be issued
for any wireless support structure where the structure being attached to
is in need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work needed has
been completed or a schedule for the remediation work.
21 This information was previous buried within Section 5.10.6 and 5.10.8. Staff is proposing to locate applicable
regulations into this central section.
Orange County, North Carolina—Unified Development Ordinance Page 5-85
24 Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities
(c) A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer's currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including zany equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
(d) If attaching to a structure other than a tower or where the proposed
attachment is within 30 feet of areas to which the public has or could
reasonably have or gain access to, documentation shall be provided,
including all calculations, proving that the potential exposure to RF
radiation (i.e. Non-Ion Emitting Radiation), will be comply with the most
recent FCC regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF radiation in
excess of the FCC's permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC's
permitted standards. Compliance with the FCC's regulations, in such an
instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
(e) If the modification or antenna array Collocation is 30 feet or more above
ground level, then a signed document such as the FCC's "Checklist to
Determine whether a Wireless support structure may be Categorically
Excluded" shall be provided to verify that the modification or antenna
array co-location will fully comply with the current FCC's RF emissions
regulations. If not categorically excluded, a complete RF emissions study
is required to enable compliance verification, including providing all
calculations so that such may be verified prior to issuance of a Building
Permit;
If any section or portion of the structure to be attached to is not in
compliance with the FCC's regulations regarding RF radiation, that
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC's regulations,
and be marked off with yellow and black striped warning tape or a
suitable warning barrier, as well as placing RF radiation signs as needed
and appropriate to warn individuals of the potential danger;
(f) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
(3) Standards of Evaluation--Co-locations and Towers Requiring
Administrative Approval: 22
(a) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b) 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.
(c) Telecommunications towers shall conform with all of the requirements of
this Ordinance.
22 Moved from 5.10.6(B)and 5.10.8(A)(2).
Orange County, North Carolina—Unified Development Ordinance Page 5-86
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 25
(d) 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 provider co-locations shall take priority over other co-
locators.
(e) A telecommunications consultant shall provide Planning Staff assistance
on exorbitant rate leases.
(f) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(g) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant's search ring.
(h) Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation
is located appropriately on the facility with the overall goal being to
preserve the carrying capacity of the facility for future collocations and to
minimize the visual intrusiveness and impact, including the profile of the
facility.
(i) In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer's published specifications for the customer equipment.
Q) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) 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.
(1) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements—Special Use Permits 23
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
23 The same requirements/standards currently contained within Section 5.10.8(B)—colored greed to denote being
moved into the proposed,revised format.
Orange County, North Carolina—Unified Development Ordinance Page 5-87
26 Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the co-location of wireless telecommunications
equipment and mitigating the visual effect of a wireless
telecommunication support structure to an extent not commercially
impracticable; and
(b) 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 wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test
(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10'3"
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) 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 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
(f) 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 square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7, the following
shall be submitted as part of the application:
(a) A site plan showing the following:
Orange County, North Carolina—Unified Development Ordinance Page 5-88
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 27
(i) The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
(v) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material, along with the make, model, and
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan drawn at the same scale as
the site plan, showing the existing and proposed trees, shrubs, ground
cover and other landscape materials. This plan shall minimize adverse
visual effects of wireless telecommunications support structures and
antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
(i) A listing of all wireless telecommunications support structures
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility
that are technically feasible for utilization by the applicant to fill
all or a substantial portion of the telecommunications service
need identified by the Applicant pursuant to section
5.10.8(A)(1)(n). Documents shall be submitted at the time of
application filing that indicates the applicant's ability or inability to
co-locate on the identified tower(s) and reasons why.
(ii) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a. Wireless telecommunication support structure height;
b. Existing and planned wireless support structure users;
C. Whether the existing wireless telecommunication
support structure could accommodate the
telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d. If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
Orange County, North Carolina—Unified Development Ordinance Page 5-89
2$ Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
e. Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f. Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g. Any additional information requested by the County.
(iii) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
(e) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 12
months.
(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Sections 2.7.5 and 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(j) A notarized statement that the sign posting requirement has been met.
(k) 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. 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.
(1) 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.
(m) 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.
(n) If required, a Visual Impact Assessment, which shall include:
(i) A"Zone of Visibility Map" shall be provided in order to determine
locations from which the tower may be seen.
Orange County, North Carolina—Unified Development Ordinance Page 5-90
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 29
(ii) Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing "before and after" views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii) An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
(o) All applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
(p) A statement, 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.
(4) Standards of Evaluation
(a) The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
(i) The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv) 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.
(b) Location of Wireless Support Structures
(i) Applicants for facilities shall locate, site and erect said facilities
according to the following priorities, in the following order:
a. On existing County-owned facilities without increasing
the height of the tower or structure.
b. On existing Facilities without increasing the height of the
tower or structure.
C. On County-owned properties or facilities.
Orange County, North Carolina—Unified Development Ordinance Page 5-91
3d Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
d. On properties in areas zoned for commercial or industrial
use.
e. On properties in areas zoned Agricultural Residential
(AR).
f. On properties in areas zoned for residential use.
(ii) If an Applicant proposes to place telecommunications equipment
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report demonstrating the Applicant's review of the
above locations in order of priority and the reason(s) for the site
selection. The explanation shall, at a minimum, include the
information required by section 5.10.8(8)(3)(e).
(iii) The application shall not be approved unless it demonstrates
that the telecommunications equipment may not be sited at a
higher priority site because of commercial impracticability or
because no higher priority site is available that would serve to
provide the telecommunications service need identified by the
Applicant as provided for in section 5.10.8(A)(1)(n).
(iv) An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting co-location
shall not be a valid basis for any claim of commercial
impracticability.
(v) Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, an application
shall not be approved if it conflicts with the provisions and
requirements of this Ordinance.
(vi) Wireless support structures shall not be located within one-half
(%) mile of any existing monopole, lattice or guyed wireless
telecommunications support structure.
a. An exception may be allowed when the applicant can
sufficiently demonstrate that:
i. Appropriate space on the existing
telecommunication wireless support structure is
not available; or
ii. The applicant has made good faith effort to
negotiate an agreement with the owner of the
existing wireless telecommunication support
structure and has been unsuccessful, which
must be documented in writing; or
iii. The telecommunication equipment on the
existing wireless telecommunication support
structure is not compatible with the proposed
telecommunication equipment of the applicant;
or
iv. Adequate coverage by the applicant cannot be
met at the location of the existing wireless
telecommunication support structure; or
V. The existing wireless telecommunication support
structure cannot be reasonably modified to
Orange County, North Carolina—Unified Development Ordinance Page 5-92
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 31
accommodate additional co-location by the
applicant.
b. Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County's consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved. There must be an
80% approval vote of the deciding board for this specific
finding to pass the exception criteria.
(c) Setbacks
(i) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110%of the wireless support
structure height.
(ii) If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
the subject property.
(iii) Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20% of the tower height, or the minimum required setback.
(iv) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d) Access
(i) At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
assure adequate emergency and service access.
(ii) Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(iii) Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv) Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i) A Type C Landscape Buffer shall be provided between the
wireless support structures and its accessory structures and
adjoining property/properties.
(ii) Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii) Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv) New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
Orange County, North Carolina—Unified Development Ordinance Page 5-93
Article 5: Uses
32 Section 5.10: Standards for Telecommunication Facilities
(v) Proposed plantings (name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi) Landscaping shall provide a screen on a year-round basis.
(f) 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.
(g) The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
(h) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i) All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
Q) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k) Fences and Walls
(i) An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii) Fences shall be required around guy wire tie downs
(iii) A 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.
(1) The communications tower is structurally designed to support additional
users as provided for in Section 5.10.8(A)(2)(d), and the Special Use
Permit includes a statement that the owner of the wireless support
structure is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
wireless support structure, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
(m) To minimize the number of antenna arrays and thus the visual impact,
the County may require the use of dual mode antennas to be used,
including by two different carriers, unless it can be proven that such will
not work technologically and that such would have the effect of
prohibiting the provision of service in the County.
(n) Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o) Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may required by the County.
(p) Antennas
Orange County, North Carolina—Unified Development Ordinance Page 5-94
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 33
(i) All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii) If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA's
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) 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.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
(t) All abandoned communication wireless support structures shall be
removed within 12 months of the cessation of use. A bond or other
security guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted. A cost
estimate shall be provided by a qualified General Contractor licensed in
the State of North Carolina. The amount of the security shall be 110% of
the estimate.
(u) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Orange County, North Carolina—Unified Development Ordinance Page 5-95
Article 5: Uses
$4
Section 5.10: Standards for Telecommunication Facilities
Special Use Permit shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(v) Electro-Magnetic Radiation Levels
(i) 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.
(ii) 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.
(iii) In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv) Orange County may make such requests at any time, not to
exceed two times per year.
(w) "High Voltage", "No Trespassing"and Other Signs
(i) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii) "NO TRESPASSING' warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING' warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv) The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required) shall
be attached to the tower structure in compliance with federal
regulation.
(v) Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
(vi) A sign no larger than four square feet containing the name(s) of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii) On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii) The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
Orange County, North Carolina—Unified Development Ordinance Page 5-96
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 35
(x) 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.
(5) Bond Security
(a) The applicant and the owner of record of any proposed facility property
site shall, at its cost and expense, be jointly required to execute and file
with the County a bond, or other form of security acceptable to the
County as to type of security and the form and manner of execution, in
an amount of at least $75,000.00 for a tower and with such sureties as
are deemed sufficient by the County to assure the faithful performance of
the terms and conditions of this Section and conditions of any Special
Use Permit issued pursuant to this Section.
(b) The full amount of the bond or security shall remain in full force and
effect throughout the term of the Special Use Permit and/or until any
necessary site restoration is completed to restore the site to a condition
comparable to that, which existed prior to the issuance of the original
Special Use Permit.
(6) Liability Insurance
(a) A holder of a Special Use Permit for a wireless support structure shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the Special Use Permit in the following amounts:
(i) Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii) Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii) A$3,000,000 Umbrella coverage; and
(iv) Workers Compensation and Disability: Statutory amounts.
(b) For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best's rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e) Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit shall deliver to the County a copy of each of the
policies or certificates representing the insurance in the required
amounts. A Certificate of Insurance that states that it is for informational
purposes only and does not confer rights upon the County shall not be
deemed to comply with this Section.
Orange County, North Carolina—Unified Development Ordinance Page 5-97
Article 5: Uses
36 Section 5.10:Standards for Telecommunication Facilities
(G) ID) General Building
and Inspection Standards for all Telecommunication Support Structures.
Prier t„the Division, N4
wireless teleGO atk)ns support tr Gt o must meet th` MR��
standwdsr.
I Requirements 25
(a) A site plan pFepaFed in aGGGFdanGe with SeGtieR 2.6 shall be pFesented
development Plan apffeval as required.
(b)- A Fendering OF photograph of the tower limited ,
GOR6;stenGy with the definitien of stealth faGility.
nertc ies the
analysis,type of antennas it Gan aGGE)Mmedate.
(d) A statement stating ho he pF------4 16--eF will minimize visual
(e) The exiGt*Rg Gel! Mes (latitude, lengitude, power levels) to WhiGh this
(g) The seaFGh FiRg utilized in finding the propesed site.
(h) The make, model and maRufaGtUFeF ef the t9weF and aRtenRa(s),
antenna heights and pewer levels of prepesed site.
0) The frequeRGY, M9-E-'I.I-C_4+and Glass of seNiGe of radie OF other
(k) The diFeGtiOR(S) of maximum lebes and aSSE)Giated- Fad-kafin—n of the
crc
-,rT
0) GeFtifiGation that the N"F=R levels at the pFoposed site are within the
thFeshold levels adopted by the FCC.
ethe t le mr at s .dev/nes
24 All telecommunication support structures require the issuance of a building permit prior to the commencement of
earth disturbing activity. The existing Ordinance created confusion and had led some to argue that the standards
formerly contained in Section 5.10.8 only applied to towers approved administratively. Staff has re-worded the
section to remove the ambiguity and correct the interpretive issue. Staff has also proposing to move these
requirements to the end of 5.10.8 in an effort to group submittal/review standards for telecommunication support
structures to the beginning of this section.
25 Regulations denoted in green have been re-located to Section 5.10.8(A)(1)into the proposed revised format.
Orange County, North Carolina—Unified Development Ordinance Page 5-98
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 37
(nl. A a itt affidavit +a1+iiRg wh,� "the-proposed of+® no.�^ ,far their
7 av ri crc�i 'aiiicra`v"n--O.rca
u
and a statement that there are no existing `^lteMafiF/a sc�itesv"v`-it—the
provided searGh FiRg and there are no alteMative teGhRE)logies available
whiGh Gould provide the proposed teleGornmunications service need
without the tower.
Some eF all of items lasted iR (e) thMugh (n) may be FequiFed to be pFevided on a
PIF9r-Ia-zj--t'GR Study data foFm to be provided by the Geunty.
StandaFds of Evaluation
(a) A proposed toweF shall not be peFrnitted if it is not substantia4y
neGes car"for the telecommunications Se vivo need ideRtified pursu nt-YG
b) T r height shall be d from base + + +h
j ,va"v`c. height �.... ,..., .��.,....,..�.� �a��� u..n zrrc,-cvwci--cv-rrrc with lightening Fed, to be
highest point of the proposed '
IOGated a}en the tewer strsfi,re
,,
shall be Fefi sed aneess fer De Iggat' h harg'n bitant ! fe
_.��.,.,.. ,.,, .,., ,.,.,�.. ,,,,, ..y ., ..,y..,y v^U, emu,,�eGa�-�=s
PubliG Safety pFevideF Ge IeGatieRs shall take pFiority ever GtheF Go
lOSaters.
®„ exorbitant rate leas�es
aestheti^ landSGanin land use baser! IGGatiGR 't'es_S} + I
des i g fall s e th a e Ls
R, , -n r!
(g) ApplicaRtS shall evaluate the Feasenable feasibility of GGIleeating new
antennas and equipment en a existing str } tr et 'th' the
miniF—,z thtviss 1�1 in+r, ei.,ene^e the pFof;le of the
threshold or lowest SigRal strength -4-—k;-I, +k- -f----.k)
-ment is
n
of stealth fagility is reg
1k1 All }eleggmmU misatigns+e. hall be la d ' heavily weeded arm s
e +h Site to them evtent s 'bbl as to to the visual
Qn� the �... .... ....� ................ .,,.w .r....,.,. .., vv a .w�•n
�,�r..raar
intFUS+yeRescs-off the StFLI^GtUFe-and acc^ess°f'„y--uirvcivr�
Orange County, North Carolina—Unified Development Ordinance Page 5-99
Article 5: Uses
38 Section 5.10:Standards for Telecommunication Facilities
stFuGture. All wireless support struGtures shall have t
it multiple users; at a epolew6reless su
PeFFTI
StFUGtUres shall be StFUGWFally designed to aGGGmmGdate four users-A.Md-
•n'm m aee odate three
(1) Tower Inspection
(a) 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.
(b) Inspection records shall be kept by the tower owner and made available
upon request to the Inspections Division during regular business hours.
(c) 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.
(i) At least once every 36 months, or 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.
(ii) At least once every 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.
(iii) In addition to the regularly scheduled major and minor
inspections set forth herein, 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.
Orange County, North Carolina-Unified Development Ordinance Page 5-100
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 39
(d) 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.
(e) 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.
(f) Current or former EIA standards shall apply to the addition of antennas
or other appurtenances to communications towers under the following
conditions:
(i) 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.
(ii) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
(iii) 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.
(iv) 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 months.
(v) Analysis of Existing Towers
a. Within 12 months of the effective date of this Ordinance
an analysis commissioned by tower owners and
prepared 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.
b. 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.
C. For all towers less than six years old, a current existing
P.E. analysis of the tower may be submitted in lieu of the
new P. E. analysis required above.
d. 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.
e. All existing towers shall be subject to the annual
electrical inspection conducted by the Inspections
Division including any associated inspection fees.
Orange County, North Carolina—Unified Development Ordinance Page 5-101
Article 5: Uses
40 Section 5.10: Standards for Telecommunication Facilities
f. 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.
(') Fees and Charges
(a) A AiRg fee as set by the Board of County Commissioners shall be paid
upon applieatien for a Building PeFfflit, Sate Plan approval or SpeGial Use
PeFMit. in addition, an inspeGtion fee is due the County at the time of
future inspeGtions. SUGh fees may refleGt the County's fully alleGat
costs, el shall + d s, h nests
fh\ P„hNn lone) or Fight
separate instrument and reGorded prior to the iissuanGe ef Buel
PeFrnitS.
nn n4 of an n, # 'r+e n It t in ad an acid in orpn rate these
GhaFges and fees into aR apploGatiGR fee that is based OR the reason
Gonsultant shall not exGeed what is usual and GUGtGrnar���
faGilities and support structures. The foregoing does pFe";k;+f6-
GGURty fFeM impesiRg additional reasonable GOst based fees for the
app!'Gat;GR due to ameRdments or revisions to the original appliGati
fee shall be separately ideRtified arid disGiesed to the appliGant—On
PF40F to the formal submittal of an appkatiGR. The eSGFE)w aME)UR
either the approval of the GeFtif*Gate of QGG61paRGY(GO), or the
be Fetumed to the designated party
Stan laMs fer SPOGial Use Dermifc 27-
The eveFall Poky and desired geals for SpeGiakuse Permits for wireless
wherever possible, the fall i _
(a) AlteFRatives to GeR6tFUGtiRg new wireless support struGtures,
b, + t 1'm'+ d + the n In f n of wireless t I et' ns
26 Moved to a new central section of the code as part of the proposed re-formatting.
27 Moved to a new central section of the code. No modification of existing development standards were proposed
for the Special Use Permit process other than the allowable height for each category(i.e.Class A versus Class B)
Orange County, North Carolina—Unified Development Ordinance Page 5-102
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 41 inGludiRg but Rot limited to the
(b) The plaGement, height and quantity of wireless teleGGFAMURiGatiens
towers and equipment in SUGh a '
useof stealth teohnolorni OF oamo��flage
i iteohniq yes to minimize adverse
aesthetiG and visual impaGtS on the land, property, buildiRgS, and other
faGilities adjaGeRt to, surrounding, and in geReraily the same area as the
requested iooa+inn of sWnh wireless telesommU n oa+'n support
stn Uot re whioh shall mean using the least visually and phvsioally,
in+rusive faoility that is net teohnologmoally OF ally iMprao+ioahle
under the farts and n ms+anoes
(4) Balloon Test-
/a\ The applicant shall at least six weeks prior to a Class B Special Use
Permit pubk hearing and at least 11 weeks prior to a Q;;rc; A SpeGial
Use Permit publiG heaFiRg, GGRdUGt a balloon test whereby the appliGant
shall�_aarrangge o�+�.ffir_raise upon a temporary mast, a minimum of 10'3"
in IeRgth, brightly GOlered red OF Orange balloon at the maximum height
of the pfepesed-riew wireless-sup pert struGture-.
(b) The baIIGGR t st shall be flown for at least four GORseGutive daylight
hours GtaFtiRg sometime bet�Neen 10:00 A.M. and 2:00 P.M. on the dates
GFioseR:
/ tine of the dates /' olu dinn nrd date 'n rasa of nr visibility,
T� mcrci''virry-c'r:yccrn-��cc-irrcv �io�
weather eF atmespheFiG GGRditiGRS en the initial date), times, and IGGatiGR
of the balloon test shall he mailer) by oer+if'erd mail ret irn reoeipt by the appliGant, to all Rg property withiR 1,000
requested,
feet of the s uhieo+ paroel no less than 14 days in ardyanoe of the first test
Reoorrds shall he used as the primary soy roe for determining wh'nh
rflsii-len+s are to reGeive stir of the balloon +os+s
(d) The PFimaFy date shall be on a weekend (eXG'uding legal holidays), but to
prevent delays in the PFGGeGSiRg of the appliGatien, and on Ga6e efl�
weather or atmospheric oonrdi+lens nn the initial ,date the seoonrlapi
date may be a weekday-.
,date and times of the test at least 14 days in ardyanoe
/f\ The a pl'can+shall also nos+a sign on the subject n party onrd
diFeGtional signs posted at IOGations to be determined by PlanRing Staff.
The signs measure nv-mvre-♦h a -c�f=eTt 'rfra-ca-und r
no
less than four square feet in area nn then n+ant information of+he
GE) my Rlanning DepartMent the proposed dates, times, an IoGat'GR of sinus shall be posted meet the rd same time limits
as Provided for iR the ballooR test RGtifiGation as stated above.
(6) Submittal Requirements
in additieR to the iRformatien required in SeGtien 2.7, the following shall be
submitted as part of the appkatiGR:
/a\ A site plan shoe, p i, _
The eRtiFe site (enG'Hd;Rg prepeFty boundary "Res) and size of all
Sfr C�es �i+hin 500 feet of the ite
TS�FiIg � aTPYTCrTiTI-p Zee1�]TTfTG�i�
€xiSting anrd p erd s+r Wres on site,
The fall Z of the tower,
feet
Orange County, North Carolina—Unified Development Ordinance Page 5-103
Article 5: Uses
42
Section 5.10: Standards for Telecommunication Facilities
PreseRGe of alluvial se"s.
(b) Plans, and elevations for all proposed StRAGWres and descirotio-Rs of the
GGIOF and nature of all exterior material, along with the make, rnedel, aTn'A
ma fAGtUrer of the nr^�$e maximum antenna heights
levels. �nr!
power--r h'�"tom"
(n) A I andspape and Tree Preservation Plan drawn at the same__ ale as
the site plan showing the xis+inn and Proposed trees shrubs grou pd
Eov� other landSeape materials. This plan shall adverse
ante eareful nn siting, landscape Pnreen n anr-!
;d1 EyideRGe that the applinan+ has investigated the possihilpmttees v of p_®�_plaGinng
tie- FGpesed equipment on an existing Wireless ort struGture SuG
eyldenee shall n 'st of:
within a two mile radius of the PFGPGsed wireless support
StFUGtUFe site and a listing of all wireless SUPPOFt StFUGtUFe, utility
poles and other GtFUGtHFes in the ViGiRity of the proposed faGility
that are tenhninally feasible for utilization by the applinant to fill
all or a substantial pertien of the teleGGMrnuniGatiGRG ---
Reed identified by the AppliGant P61FSuaRt to seGtien
ran 8(AV1)(n) nnGUments shall be submitted at the time
app!'Gat'GR filing that iRd'Gates the app"Gant's ability OF inability to
gn Innate nn the identified tower/s\ and reasons why
00\ Delineation of the boundaries of the maximurn earnh Finn within The fG1194FIg inform....... shall be provide449r.-a4
intended.e# wireless SLAnnoct StrAGtUres within the a h Fine•
a. VVwFeless telepd.........RiGation support Ctn,ntwe height•
b. Existing and planned wireless s,,pport stn,gh ire users•
G. Whether the a 'sting wireless telesemmuRin atinn
teleGE)MMURiGatien equipment to be attaGhed to the
nemmedated on the axis+i�less
the existing wireless SUPPOFt StFUGt6lFe GE)Uld be
str, nt,irnlly strengthened or whether the antennas
tFansrn;tteFs and related equipment GeU'_ be pFeteGted
from elentromagnetin interferenne and generally
deGnribe the means and n eg+ed nest of shared use of
the existing wireless SLAPPOFt StFUGtUre;
e Any restrintiORS or limitations of the F=G_ er.. AA that
we Id prenl„de the shared use of the wireless c pport
StWtUre;
f. Propagation studies of all adj;o4i���—',-PFE)posed,
ins V Ge, or o stinn sitessanndd
4i
_11—I'Ment be lGG ted OR any of the existing wimie�
nrF stn ntu res in the seargh ring
zzrvi r-'-'
Orange County, North Carolina—Unified Development Ordinance Page 5-104
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 43
te; —
support strLIGtUre, such as lighting and GGIGFing.
DFaft bond which will guaFantee the Fernoval of the wireless support
period struGtWe on the event that it is abandoned OF unused for a of 12
months-
1,000 feet ef the paFGel and addressed, f'FSt GlaGG stamped eRvelopes te
with Sectiens 2.7.5 and 2.7.6 of this Ordinances
`h) A r pert GentaiRiRg any + Feceiyed by the applicant in Fespense
EvmdenGe that the balloon test Feq&ernent has been met, inGluding a
notarized statement and 106tiRg of the prepeFty owneFs notified of the test,
c
prepeFty and all n erties within the net'ficatien and c pies of the
p,�.,t,...��y and u F,FvN�r
Gertifled moil reti heed r ipts from the mail Gut-.
.....��..... �...., i...u�e��.v �..v.°..Ncs from Trrarrvcrr.
A Retarized statement that the Sign pesting FequiFement has been Fnet.
IeGatoan to the maximum height of the tewer, as well as phetegFaphs with
shE)WiRg what the pmpesed teweF will look like. Phetegraphs shall be
taken from IGGatiens such a preperty Ines and/er nearh residential
Gorr'deFs and other Iecatlens as deemed neon oar y by the Pla 'nn
Staff to assess the visual impaot ef the pFeposed teweF.
0) The SpeGial Use Permit appliGatien shall inGlude a statement that the
faGility and its equipment Will GGMPIY with all fedeFal, state and IGGal
Analysis and a Visual addendum. Raced on the results of the A al the GGURty may require subFn'66ieR of a
mere detailed visual analysts. The sGope of the required cn"irenmep+al
and Visual Assessment will he reviewed at the pre applieatinn meeting.
(n)if Fequhred,Visual himpac-trA6sessment, hiGh shall irnGlH �
A "7ene of Visihil ty Map" shall he prey 'ded in order to determine
!E)Gat*E)ns from WWGh the tower may be seen.
P
showing "WOFe and after" views iRGluding but �
i
State highways and ether majeF Feads; State and IeGal ;
ether public lands; histeric districts• preserves and h' + 't
the site Is Yfslhle to a IaFge RLAmbor ef vTa vrs, travelers-Of
e
r�r��
residents
assessment 040 eefT h`v al impact l.f the w'r les suppwt
structure ba � ad a e, w buildings fr abutting and
and adiacept preperties and street hall be 'd d to p.determine the need of screeninn
Orange County, North Carolina–Unified Development Ordinance Page 5-105
Article 5: Uses
44 Section 5.10: Standards for Telecommunication Facilities
(G')-- All app'iGatiE)RS shall GGRtaiR a dernGRStFatiGR that the wireless supp
GtFUGtHFe is sited se as to have the least visually 'RtFLISi ie effect
reasonably possible and thereby have the least adverse +on
effeo
-c.�-rccrrr
the e v t d its oh a ter on existing vegetation, and on-the
r 'r! n® in the o of the tole n' at' f er
(p) A statement, prepared by a prefessieRal engineer"Gensed in the State E)
North Carolina BuMing Cede, and any aSSOGiated regulations; and
deSGribes the tower'S GapaGity, induding an example of the n,-,,—,,I-e.,
type of antennas it Gan aeGommodate.
(6) Standards of Evaluatoon
(a) The teleGGRIMLARiGations eqLAiPM8Rt planned for the proposed wireless
support StRJGtLAreS Gannot be aGOOmrnedated on an existing
support StFUGtures due to one OF more of the following Fease
The planned equipment would eXGeed the StFUGtUFal GapaG"
existing and appreved wireless support&wGtwFes, GORs4eirJR9
existing and planned use of these wireless SUPPeFt StFUGWres
d the wireless cU sport Stn ntHrev GaRRet he rv;nforoed to
aGGGMmodate planned or equivalent equipment at a reasonable
89S�-.
1'\ The planner) equipment would oar ice rardin freq Iona
1
} rf .i4h ether existing or planner! equipment for these
I npnrt Str o+i irec and the in+erferenoe cannot be
00 G f r annrn i A wireless 6i n n i art otr� ota gyres de not have
spaGe on h'oh the equipment Gan be pl®oce-do so it ocan funrtion
effeGtively and reaGGRably in paFity with similar existing or
approved equipment.
/' \ AI tower or ether suitable fao'lity exists in an area where the
8qUipMeRt to be plaGed en the tower will fIARGtien in its intended
MaRRer.
[))
Q.r��tor fa�terSs oGate, s4e_and eFeGt said faoil't'es
ar.GeFding to the following priorities, in the following order:
a. On existing County owned faGilities without iRGFeasiRg
TTT'� �c�msrc�i�'m'
the height of the to. or stn Gt ure
b O i t' Faoilit'e wit hou t 'pore g the height of the
tower or StRAGWre.
A. On County owned properties or faGilities.
d. On pFepeFties areas zoned for GommeFGiakef-��
use.
e. On properF'ac 'n n.enc `-„nr! Anrin �It��ral Reci`dential
(AR)-.
f On n ert'e ed for res'den+'al�
Orange County, North Carolina—Unified Development Ordinance Page 5-106
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 45
If en Annlinent proposes- to nlnoe telenomm uniootions eo inmen+
at a loGati6n that'S Rot a preferred prierity 1 site, then the
AppliGant must provide a detailed explanatiOR as to why a higher
nrio Fwty site is not proposed. The explanation shell be-i.. the farm
of a written r nFt demonstrating the Annlisen+'s Feview of the
p4 Ga4oR she
that the_teleoommI�n'ng+inns equipment may of he si+e�cced-at-a
higher priority s'+e heneuse of eommern'
�-c
beGause no higher PFiGFity site is available that would sewe to
p Feyide the teleoommuninetions nsine need identified by the
AR AppliGant may not by pass sites of higheF ppkwity-�
b----se the site proposed is the only site lensed or elented
shall not be a va"d basis for aRy Glaim of
GtiGabW.
i#i NGMithstanding-that-apoteatial sate may be situated;n aR a ea
shall net be appFE)ved if it GGRfliGtG with the PFeViGiGRs and
requiFements of this OFdinanGe.
¢Vi\ Wireless S U„ngF+s+r.JntU Fes shall not he Ivn^,terd withiR e half
11/_\ mile of onv existing monopole lottine n vend w4ele
a. A n eevoen+ion may he allowed when the onnliGan+Ga
sUffiniently demonstrate that•
i. Appmpriate spaGe on the existing
telenemmi n ne+'n eless s oFt s+ + is
....��..i..,.�.va.•.v�� vv��..,�..,v.,vu NNvrz acruoac�rc-rte
not available; eF
H4 The appliGant has made geed faith effeFt to
negotiate o eat with owneF of the
„�vcrca °
existing wireless telenemmllnlGation support
a+r z c+a rc and has been URGLIGGessf rI-which
must be dE)GUmented ;R wFiting; or
M. The teleonmmi n n+ion eq i nt on the
existing a Feless tole ation s n Ft
StFUGtUre is not GGmpatible with the pFeposed
6r
met of the lonr�t'o of+he e..is+ing ufreles
StFUGWre Gannet be FeaSGRably modified to
aGGE)Mmodate additional Go IOGatien by the
U pp4G.aPt_.
Orange County, North Carolina-Unified Development Ordinance Page 5-107
Article 5: Uses
46
Section 5.10:Standards for Telecommunication Facilities
analysis of the seaFGh area, provided by the app"Gant is
performed by the Gounty'S Gonsultant or Staff, indieating
that o is not possible on 'sting wireless
sU n ert stn iot,ire at the fog anaoity or other
that Gan be aGhieved. There rn
useFGapaG c;t hp ;;n
800% approval Yete of the deoiding beard for this speGi i
finding to pass the e.eoention riteria
(G) Sett3caGks
0) Within OF adjaGeRt to residential ZGRiRg distriGts, mini.......
setbacks from the base of the wireless s ort stn Uefi ire to the
property beLindaFy shall be equal to 0 of the wireless suppe
stn int.Ire height
use-
to "rd }'al e the ethaek shall he 1101% of the.a reless
support strUGtUFe height from any residence or dwelling unit on
the subjeGt Property-.
(iii) Adja ent RGR residential uses er ngnrr_re residential Zoning
dYi 9t 1 Gt T. j-TT�TAm T th 71 f Vl the baj"of the wireless
TII
IjJ
support StFUGtUre to the property boundary shall be the greater of
2004 of the tower height er the m required sethae`
All buildings and other s+n Gt Ures to he Iosaterd on the ssamca
stfuGtuFe shall Ge m with the setbacks established for the
ZGRiRg diStFiGt or as established through the subdivisi-, '
hioheyer is greater
sa i
T
(eIa) AGGeSJ
aGoess road, tWM around spaoe and parking shall be pFe:v4ed-to
assure adequate emergeRGy and wake as GGeof.T
he made to +he evtent n aotioahle
060) Road GORStFUGt;eR shall, at all times, minimize ground
disturbaRGe-and the GUtt;-g 01'vegetation,
Read grades shall-GIE)Ge y fellow Ratural GonteuFs to assure
ref I andSGaning and Buffers
shall he nreyided between the
tT' — Existing vegetation may be removed extent
wall,neGe6GaFy to aGGOmmodate the wireless support struotuices,
equipment buildings, and SUppelt StFUGtures SUGh as g-,
E)LIRd the GE)MpOund perimeter, outside of any feRGe
eF i�shall be GOMpesed entirely of fast gF +gFee44
OV) New Plantings and existing vegetation used for SGre--,-;--,,
be at least s' feet in height or greater at planting
(V) Proposed plantings (Rame, type, height) shall be shn-yvi. OR the
Orange County, North Carolina-Unified Development Ordinance Page 5-108
Mill
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 47
(VI) La„aSGQpms
area shall RGt Gonstitute sele justifiGation of denial ef a permit appiiGatiGrl,
but is an ;ndeGatmon of what leGatiGR OR the ste
�.
(g)-- The
hydr drawing hew it-shall effeGtively SG ee r fie i i view the-base Rd II
(h) The sote Wan shall indiGate a IGGatien for at least bNe equipment k'....;1,4;
in addition te that proposed for use by the appliGant.
(4- All utilities at a faGility site shall be installed underground and in
GE)MplianGe will, all Laws7-ordiRaRGes, rules and regulations ef the
ro,�n+v nnL d'ng speGif;Gall but + I' '+ d + the National CI + ' I
land use, eF . - . required in this QFdiRanGe, inGluding
design setbaGko and fall en
(k)FenGes and Walls
An eight feet feRGe eF wall shall be required around the bas
any wireless support stFuGtures. This feRGe er wall sh
enGGmpass all aGGessory equipment within the GOMpaund.
0 Fences shell he required ,:i..u d guy wire+' d
tG iRGIude guy were tie downs and asseGiated equipment sheuld
the appilGanVewner wish te do so.
StFUGtUFe is willing to permit other useF(s) to attaGh G0MFRHR'Gatkm4
SLIPPOFt StFHGtHFe, PFOV;ded that GUGh other users agree te
m�
-suit frem a rah attaGhmen}
(m) To MiRiWiZe the number ef aRteRRa arrays and thus the visual impaGt,
the Geunty may require the use of dual mede anteRRas te be used,
iRGIu line by Me different Garriers, nle6s it be pFeven +h } h 'll
tti�iYt "
(n) StrUGtUres shall be galvaRized andieF painted with a rust preventive paint
(e) Beth the w;Feless teleGGMMuniGat,;ons 6,,----+ and aRy and all
faGil;t,es shaII m.-R .l. ..ze the use .ef buildiRg materials, GIers and + d
designed to blend with the 6tFUGtWFe to whiGh it may be affixed andk)F te
harFnoR'ze with the natural surroundings, this shall inGlude the utilizatien
of stealth teGh legy as may by the GOURty.
TPT- �n gte44 Tas
Orange County, North Carolina-Unified Development Ordinance Page 5-109
Article 5: Uses
48 Section 5.10: Standards for Telecommunication Facilities
antennas, shall be flush mounted er as Giese te flush mounted
as is teGhnolog'Gally possbie on any faG'Iwty, so long as suGh
does not have the effeGt of pfeff.biting the proviskmi-ef-sepAce-to
the intended 'n re , h'alone or' m a+'o ei+h another
site(s), unless the appliGan n pFeve that it is teGhnolegi
a
i mpraGt*Gable:
00 if attaGhed to a bu"ding, all antennas shall be mounted on the
facie of the buildingand._4u
arras if pess'ble-.1-texture
possible given the faGt6 and G--.dFG--.'-IrAq-taAGes involved.
An,�. 6lghtrng
�_--
The wireless suppoft-struetwes will not be aFtifiGially lighted
i.+ h 'no between painting
preferred nhnire_
if lighting is legally FequiFed or proposed, the appliGaRt shall
and inoffensive eff + m' 'hle Under State and as
federal
Fegulation6, or that for any reason has lights attaGhed, all 6wGh
lighting shall be affixed with teGhRG'Ogy that enables the light te
be seen-as-intended fFem the air, but that Feyents the grn„nrd
++ eff + that it not able to be seen from the n era nd to a Se height of at least 1'21 deeg
on 'I OR level teFFain situation. C h d o+ he
shield may be used, as long as the light is visible from the air, as
intended by the CAA
the OutdeeF Lighting Standards set feFth in SeGtieR 6.11 of this
!r1 The r and + �II + FA GI in ardye a imnnn+nn
the view of 9F fForn any historiG site, seeniG read, eF major vieW GeFridor.
suGh as guy aRGheF points and wires, shall be made in-GGessible I-
indivoduals and or shielded OR GUGh a manner that
Gannet ke elimbed or GOlIffided with; and transmitters and
E-1----RMURiGations GeRtFGI points shall be installed in GUGh a
that they are readily aGGessible only to peFsens authorized to operate O.F
TT7— J i
seFViGe them.
ri-r.
seGUFity -, --nteeing the removal of the 4GWeF OR the event that it is
aband ned - -,.---d for a peried of 12 months shall be posted. A GOSt
the + +e f North G I' The f the ty he 4 1(10% n
-�,--r.� tom,- -se�ariT�shall,���
the estimate.
(H) A determ'natieR shall be made that the f@Gility and its equipment Will
Orange County, North Carolina-Unified Development Ordinance Page 5-110
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 49
SpeGial Use Rermit shall moll cede a statamept that the faeil'ty and its
egg ipmept will semply with all federal, and state and emi siren
req ii nfs
t„\ Beotro Magnetin Radiation Levels
The SpeGial Use Permit shall indude a GOndi+inn +ham+++he e!eGtro
WithiR 30 days of the installation of any additiE)Ral equipment in
°c.missreTrleveT.°i-'in relation-t•vi-CC tan�urdafvs
in arlydi+'en the+ewer seiner must p yiede/deol mentation of
em's n levels within five we Fking clays if so requested-by
Orange County-.
Orange County may make suGh Feque6ts at any tome, RGt tG
(W) "High \/e.l No Trespassing" and Gther Signs
'P7— If high voltage is necessary for then ration of the
teler.em i�anl6atiORS tower eF any a66esseFy StFLIG #es, "HIGH
VOLTAGE DANGER"w s shall he permanently
at+aoherd to the fence OF gall an,-1 shall he s Geed p e than
4 n feet
"NQ TRESPASSING"warning signs shall he permanently
attached to the fence er wall and shall be spaneid no mere than
nn fee�v-�eeTaparrt-.
-_ - Th-re-IetteFs feF the "HIGH VOLTAGE DANGER' an PO
TRESPASSING'warning signs shall he at least six iRGhes in
t i
hegh
rrc,�ri . Ti The fi zc'i^v cdarning S agn: may-be Gem If?e TntO-one SKI,;.
The warning signs shall he installed at least five feet above the
finished grade of the fence°
(TT)____ ____The��iarning signs may he attagherd to freestaneding poles if the
`'
he atfasheed to the+ewer strU GtUr mplianne with ferderal
FaGilities shall GE)nta'R a sign RO 1aFqeF than fGUF square feet te
the p esenee of RC raidiatien et.to oentrel e e to RC
NO sign no larger than fGur square feet GGRtaining the narnets
the a er(s) and a rafer(s) of the antenna(s) as well as
emergensyphene numheF(S)shall he installed. The SigR snail
he en the equipment shelter et.eahinet of the appl'eapt anrd he
vi stale-frong the aesess-PeiRt of the site and must identify the
equipment ewner of the shelter nr sahinet
(vii) On tower sates, an FGG registratien sign, as applicable, is airse to
be pFese,�t. The minas shall Ret he lighted, 61RIess appliGable law,
p�ernes es 'nnl ding n banners s+reamers eta
Orange County, North Carolina—Unified Development Ordinance Page 5-111
Article 5: Uses
50
Section 5.10:Standards for Telecommunication Facilities
00 Mobile or immebile equipment not used iR diFeGt support of a tower
faGility shall net be stored OF Parked OR the sate of the teleGGRIMUROG
tower, nle repaiFS to the tow rare bein.�g,_ma�
(7) Bend SeGuFity
(a) The appkapA-and 'he owner of reGGrd of any proposed faGility property
Site shall, +,L�T G8st and expense, h®jointly r Fed to oven +o and We
with the County a bend, or ether form Of SeGUF;ty aGGeptable to the
County as to type of seGLIFdty and the feFm and manner of exeGut'OR,
an amount of at least $75,000.00 for a tower and with SUGh sureties as
are deemed SLIffiGient by the GGURty to aSSUFe the faithful performance of
the terms
Use Permit issued puFsuant to this SeGfiGR.
/h\ The full amount of the bond or eenn„rit shall remain in full force and
effect throughout i+the term of the Cne cal Use Permit and/or until any
Gemparable to that, whiGh existed prior to the issua e of the o al
Cpeeial Use Permit
(a) 4-�orf�e--e vpee aI Use Permit fora °�.c;pvr+rs+rz E;tuFe shall
seG ire and at all times maintain n„hlio liability in a for personal
in' cries
death and property damage and u rnbrella 'nsU ronoe ooceerage
for+he d�irat.'en of the Cpeoial Use Permit in the following amoi ants•
\TT- (`emmernial General Liability covering pe al injuries, death
and property damage: $!,C)00,000 per GGGUrreRGei$2,000,000
aggregate; and
(ii) Automobile GeveFage: $1,000,000.00 per eGGWFFenGe/
$2,000,000 aggregate; and
A$3,000,000 Umbrella GoveFage; and
Workers GempensatiGR and Disability: Statutory aMeLiRtS.
General Liability iRGWFaRGe PoliE;y shall speGifiGally name the County
an additional insured. The insuraRGe PGliGies shall be issued by an
business in the State and.pith a Rest's rating of at leas+ A
TJ
� T�le/ \ ranee pol' II + ersement obligating the
-f(�Stlrarrcc�vilC�e$-v�orr-E$r�'p-�'TreFF cn�cnr-vv" rryam-rgTrrc
iRswFaRGe GempaRy to fUFR V sh the County with at least 30 days prior
written not'n ardyappe of the nannellatien of the in
shall be delivered to the
Gee inty at least 15 dares before the piratien of the ins uranne that s IGh the holder of the
permit,PGliGies are to renew or replaGe.
(e) Before GGRStFUGti0R of a permitted faGility is initiated, but in no- n-as;e latew
than 16 days PF;Or to the grant of the building
Cpeoial Use Permit shall deliver County r to the a oop
I IY of each of the
poliGies OF GertifiGates representing the insuranGe in the required
deemed ++4a,s ply with this Centien
(E) FEES
Orange County, North Carolina—Unified Development Ordinance Page 5-112
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 51
(a) A filing fee as set by the Board of County Commissioners shall be paid
upon application for a Site Plan/Zoning Compliance Permit Application, a
Building Permit application, or Special Use Permit.
(b) in addition, ar+An inspection fee is due the County at the time of all
required future inspections as detailed within Section 5.10.8 (D) (1) (c) of
this Ordinance. Such fees may reflect the County's fully allocated costs,
and shall not exceed such costs.
(c) Public land or right-of-way lease agreements shall be established by
separate instrument and recorded prior to the issuance of Building
Permits.
(d) Consultant Fee. Regardless of the type of telecommunication support
structure proposed (i.e. administrative approval, special use permit, co-
location etc. an applicant is required to submit a fee to cover the
County's telecommunications consultant to review the application. An
escrow account of an amount determined by the Board of County
Commissioners, as denoted on the adopted fee schedule, shall be paid
by check to Orange County to pay associated consultant review fees
during all phases of the application review process. The Board of
County Commissioners shall determine the amount of charges or fees
assessed to an applicant on account of an outside consultant in advance
and incorporate these charges and fees into an application fee that is
based on the reasonable costs of the services the County incurs in
connection with the application review. The fees and charges paid by
the applicant for the services of a consultant shall not exceed what is
usual and customary for wireless facilities and support structures. The
foregoing does not prohibit the County from imposing additional
reasonable cost-based fees for the actual costs incurred by the County
for a consultant's review of an application due to amendments or
revisions to the original application. The amount of the consultant
charges incorporated into the application fee shall be separately
identified and disclosed to the applicant upon request. A partial escrow
payment of $1,000 shall be submitted at the pre-application meeting to
cover associated consulting fees incurred prior to the formal submittal of
an application. The escrow amount required at the formal application
submittal shall be reduced by the $1,000 partial payment amount. Any
unused funds in the account after either the approval of the Certificate of
Occupancy (CO), or the expiration of the Special Use Permit approval,
whichever is sooner, shall be returned to the designated party.
5.10.9 Removal of Wireless Support Structures and Facilities
(A) The owner of any facility shall be required to provide a minimum of 30 days written notice
to the County Clerk prior to abandoning any facility.
(B) County Determination
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
28 Staff added the proposed language to eliminate a misconception that certain telecommunication support facilities
(i.e. administratively approved or co-locations)are not required to be reviewed by our telecommunications
consultant.
Orange County, North Carolina—Unified Development Ordinance Page 5-113
52