HomeMy WebLinkAboutNS ORD-1996-033 Zoning Ordinance Text Amendments - Telecommunication Towers rell— a 33 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 3, 1996
Action Agenda
Item#_\/=-Gr
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT- Telecommunication Towers
Article 4.3 Permitted Use Table
Article 8.8.17 Radio and Television Transmitting and Receiving Towers and Elevated
Water Storage Tanks(Class B Special Use) .
Article 8.8.17a Telecommunication Towers(Special Use Permit requirements)
Article 6.3.1 Principal Uses
Article 6.18 Administrative Approval of Stealth Telecommunication Towers(new)
DEPARTMENT: PLANNING PUBLIC HEARING Yes-X—No
BUDGET AMENDMENT REQUIRED Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
11/27/95 Public Hearing Minutes(pp. 5 - 8) Mary Willis
Response to 11/27/95 Comments(pp. 9 - 14) Extension 2583
Proposed Amendment(pp. 15 -22)
Existing Provisions (pp. 23 - 24) TELEPHONE NUMBERS:
Letter from BellSouth(pp. 25 -27) Hillsborough-732-8181
Letter from Co. Attorney(pp. 28 - 29) Durham -688-7331
Letter from 360° (pp. 30 - 36) Mebane -227-2031
EMF Studies (pp. 37 - 51) Chapel Hill -967-9251
June, 1995 Zoning News(APA) (pp. 52- 55)
5/28/96 Public Hearing Minutes (pp. 56- 58)
8/7/96 Planning Board Minutes(pp. 59- 62)
PURPOSE: To consider a proposed amendment of Zoning Ordinance provisions relating to
telecommunication towers
BACKGROUND: Concern with the increasing number of telecommunication towers has been
raised locally and nationwide by citizens, advisory boards and governing
boards in recent years. At the November 27, 1995 public hearing, the Orange
County Board of Commissioners and Planning Board received citizen
comments on a proposed amendment to Special Use Permit provisions relating
to telecommunication towers. Minutes from the public hearing are attached.
2
Speakers included five industry representatives and one Orange County
resident.
On January 18, 1996, the Ordinance Review Committee, as well as another
interested Planning Board member and a member of the Board of Adjustment,
met with the telecommunication providers who spoke at the public hearing.
The purpose of the meeting was for the Committee to gain a better
understanding of issues and technical concerns raised at the public hearing, and
to consider modifications to the proposal which would address those issues
while maintaining the purpose and intent of the proposed amendment.
Attached is a summary of some of the key areas of concern raised at the
November 27, 1995 public hearing. Changes to the original proposal were
presented for public hearing on May 28, 1996. Additional revisions are
recommended based on the comments received at the May public hearing,
May 28, 1996 Public Hearing Comments
1. One of the major issues raised at the public hearing concerned the
potential health effects of electro-magnetic radiation.
The Telecommunications Act of 1996 (Section 704(B)(iv) and the
Federal Communications Commission New National Wireless Tower
Siting Policies(Section 1.1307(b))prohibit denial of a cellular
telephone facility on the basis of health effects if it meets applicable
standards issued by the American National Standards Institute (ANSI).
Studies conducted in 1994 and 1995 for a 360°tower located at 515
South Greensboro Street, Carrboro, are attached. Conclusions of the
1995 study state that"exposure levels measured on the ground and
inside the equipment shelter.......continue to be more than one hundred
times less than the protection guides set forth in ANSI C95.1-1982..... It
is extremely likely that a more sensitive electromagnetic monitor would
show the exposure levels to be thousands of times less than the
maximums established by the standards..."
Attached is information from the American Planning Association
regarding electromagnetic fields associated with communication
facilities. It states that no scientific study has shown a specific
correlation between cancer and cellular communication devices.
Likewise, no study has conclusively proven them to be safe. It has not
been possible to obtain conclusive evidence thusfar because most
homes are equipped with a variety of appliances that generate
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electromagnetic fields,therefore it is difficult to isolate the effect of any
single source.
2. The amendment presented for public hearing in May 1996 did not
include the previously-proposed requirement that the"tower and
antenna will not unreasonably interfere with the view of or from any
historic site, scenic road or major view corridor". Staff had
recommended that the provision be deleted due to the difficulty in
defining or interpreting "unreasonable interference". One citizen who
spoke at the public hearing suggested that instead of being eliminated,
the wording be changed to "significant adverse impact". This
recommended change is incorporated in the proposed text,
3. It was also suggested that balloons be used to help visualize the height
of the tower in order to determine its visual impact. The proposed
application requirements have been revised to include a provision that a
balloon be floated at the proposed tower location to the maximum
height of the tower, and that photographs be taken from areas such as
property lines, and nearby residential areas and roadways.
4. One representative from the telecommunication industry spoke at the
public hearing. He expressed opposition to providing detailed
information regarding co-location efforts for towers outside of the
search range, as well as to information which may not be relevant(such
as detailed structural information where the tower owner has refused to
lease space on a commercially reasonable basis). Other concerns
cited included tower setbacks, and the application of subdivision
requirements to tower sites. (It has been determined that subdivision
approval is not required for leased tower sites.)
Additional comments concerning industry concerns are included in the
attached letters from representatives of BellSouth and 360°
Communications.
Proposed Revisions
The Planning Staff has incorporated the following changes in the proposal as
presented at the May 28, 1996 public hearing in response to comments
received through the public hearing process:
1) Add 8.8.17.26) (Standards of Evaluation) as follows: 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.
4
2) Add 8.8.17a.I(h) (Additional Information) as follows: In addition to
the information required in Subsections 8.2 and 8.8, the following shall
be submitted as part of the application......(h) Photographs of a clearly-
visible balloon floated at the proposed tower location to the maximum
height of the towers. 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.
3) Revise 8.8.17a.1(d) to clarify that tower height is measured from
ground level to the highest part of the support structure.
4) Add 8.8.17a.2(n)to require that compliance with FCC emission
standards be demonstrated by including monitoring through periodic
testing of equipment and submittal of results to the Planning
Department.
The Planning Board considered the proposed amendment on August 7, 1996
and recommended approval, including the revisions included in 1)through 4)
above(see attached minutes). The vote was unanimous.
RECOMMENDATION: The Administration recommends approval of the proposed amendment as
revised,per the Planning Board recommendation.
11/27/95 Public Hearing Minutes
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1 that Ms. Baldwin would be required to participate equally in paving the road and the right-of-
2 way from St. Mary's Road to Reba and Roses. He also asked that the Reba and Roses
3 facilities be inspected to assure that they meet all State safety standards and Federal handicap
4 accessibility standards.
5 -
6 John Hartwell spoke in support of this Special Use Permit. He stated that he has
7 discussed this request with most of the neighbors and each one of them supports her request.
8 The neighborhood wants to see this approved. He did express concern about necessary
9 improvements to the road and the intersection at St. Mary's. He requested that the
10 Commissioners consider apportioning the road costs so that those who will benefit from the
11 improvements are required to help with the costs.
12
13 Laura Baldwin requested that the Commissioners take into account that the cost of road
14 improvements for subdivisions are factored into the cost of the homes. It is not possible for her
15 to pass on the cost of improving this road to her customers. It would be an unreasonable and
16 devastating economic hardship on her. She also felt that only she bears the burden of traffic to
17 Reba and Roses.
18
19 A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis, to
20 refer this item to the Planning Board for a recommendation to be returned no sooner than
21 January 16, 1996.
22 VOTE: UNANIMOUS
23
24 4. Zoning Ordinance Text Amendments
25 (a) Article 8.8.17 Telecommunications
26 This item was presented by Planner Mary Willis to receive comment on a
27 proposed amendment concerning Special Use Permit requirements for telecommunication
28 towers. The proliferation of telecommunication towers is an issue of concern to Orange County
29 as well as other jurisdictions nationwide. After reviewing provisions which have been adopted
30 in a number of other jurisdictions, the Planning staff recommends a proposed amendment. The
31 key aspects of this amendment are as follows: Telecommunication towers would be
32 established as a separate use and would require approval of a Class B Special Use Permit by
33 the Board of Adjustment. The set back to non-residential property lines could be reduced to
34 50% of the height of the tower if the remaining distance were included within an easement on
35 adjoining property. A type C Land Use Buffer (40 feet in width) would need to be provided.
36 Specific documentation to indicate that efforts to co-locate on an existing tower were
37 unsuccessful must be provided. Issues of tower color, lighting and view from historic site,
38 scenic road and major view corridor must be resolved. Obsolete towers must be removed.
39
40 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS.
41 None.
42
43 QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD.
44 Planning Board member Bill Waddell asked about the request that engineers could
45 provide evidence that a setback includes the potential collapse zone.
6
1
2 Mary Willis commented that the industry representatives are able to calculate the
3 collapse zone. It is possible to calculate where a tower would break if it were to fall. It is also
4 possible to calculate the area to which the debris would be contained.
5
6 QUESTIONS AND/OR COMMENTS FROM CITIZENS.
7 An E ,a representative of the Carolina PCS Limited Partnership, made several
8 comments. This Partnership, which is comprised of Bell South Corporation, Duke Power
9 Company, Carolina Power & Light and the 31 independent telephone companies in North
10 Carolina, was formed to bring to the citizens of North Carolina a new technology called
11 Personal Communication Services. This is a new technology, recently licensed by the FCC,
12 which provides a wider range of services and operates at a lower power than existing cellular
13 services. This is a digital rather than an analog technology which means that it can transmit
14 data as well as voice. This provides greater clarity and security. All of the towers that use this
15 new technology will be lower than 200 feet. The concerns that he has about this proposed
16 rewrite include the possibility that it will be too restrictive for this new technology to grow and
17 expand. He asked that incentives be implemented to encourage all companies to build their
18 systems without constructing new towers. Other possible places to locate using "stealth
19 technology" are bell towers and church steeples, water towers, and tall buildings. He
20 suggested that the incentives would be the cost savings as well as the possibility that the Board
21 of Commissioners could exempt"stealth technology" locations from the Use Permit process and
22 allow for staff approval. He also commented on the suggested standard for "unreasonable
23 interference with the view" from historic sites, scenic roads or major view corridor. He felt that it
24 would be impossible to accurately determine this standard because of its subjectivity. If the
25 intent is to assure that the tower is in harmony with the area of location, that standard already
26 exists in the ordinance.
27
28 Rk* anager of Forsythe Development f l irl (ewer/operation of
29 Cellul `' , reiferatMr. Cain's comments. He disagreed with the requirement that industry
30 notify other companies about intention to erect a tower. The construction of towers which
31 support co-location of towers is already required. County staff is aware of all activity and is the
32 logical entity to keep tract of new requests for towers and/or tower use and matching those
33 requests with already erected towers with available space. He also felt that requiring this type
34 of notification unfairly handicaps current tower owners both competitively and from a capital
35 investment standpoint. Another area in which he expressed concern was the "fall zone"
36 requirement. The industry does not feel that"fall zones" are necessary. There are 2000 towers
37 across the United States and there has never been a tower failure. He requested that these
38 towers not be compared with the T.V. towers which are in excess of 1000 feet. He also
39 commented that the 100 foot setback is not necessary or reasonable.
40
41 rsonal Communications, expressed agreement with
42 previous comment Hie a ressee issue of"stealth technology" which refers to antennas
43 that do not look like antennas. He recommended that a task force be created to look at this
44 technology to assure that they meet the intended nature and intent of the technology. When
45 they are approved as "stealth technology"the industry could be provided relief from subdivision
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1 setback regulations and other Special Use Request Ordinance. He indicated that he would
2 work with staff to present examples of how the Special Use Request process and subdivision
3 process work together to create burdens on their industry.
4
5 Jerry EAW North Carolina General Counsel fbr Sprint Cellular, expressed several
6 concerns. He mentioned that the requirement to share tower space indicates that a letter needs
7 to be sent to all owners of towers within a one mile radius. This raises the concern for industry
8 staff that they could be requested to locate a mile from their original requested site. The site
9 locations are not flexible and would not provide the necessary coverage if they were required to
10 locate at another location. There is a real financial motivation to locate on existing towers
11 where that is possible. The additional paperwork will not increase that motivation. He also felt
12 that requiring that applicants for new towers send notification to a preexisting list is not workable
13 for industry staff. The Special Use Permit process already requires co-location wherever
14 possible. This adds additional paperwork and questions about who gets on the list. He asked
15 for clarification that the buffer is to be around the tower compound rather than the entire
16 perimeter of the tract. Also, that the setback is from the base of the tower to the adjacent
17 property line rather than the base of the tower to the lease fine.
18
19 Mary Willis indicated that the buffer is to be around the tower compound but that the set
20 back is from the base of the tower to the lease line.
21
22 Mr. Eatman asked that the setback requirement be reconsidered so that it deals with
23 adjoining property owners and adjoining property lines rather than simply increasing the size of
24 the parcel that needs to be leased.
25
26 Jeff Lansing, �' , agreed with the previous comments. He requested
27 that a open discussion be held roil try and County staff, the Planning Board, citizens , and
28 County Commissioners to facilitate developing standards.
29
30 Commissioner Willhoit asked if it was true that land in an easement area could not be
31 cultivated. He mentioned that many of the issues to be addressed in the application do not
32 relate to telecommunications, but to the tower itself. He asked that the Planning Board address
33 the issue of whether the Special Use Permit ought to apply to a tower.
34 -
35 Mary Willis replied that the subdivision regulations addressed that issue. Land leased for
36 this particular purpose is considered under subdivision regulations and must receive approval in
37 order to create a lot for the principal use as opposed to just having an easement. It would not
38 specifically prohibit cultivation of that land.
39
40 Commissioner Gordon asked if the buffer was related to the lease line because other
41 nearby lots could have homes on them. She also asked for further clarification regarding the
42 objection to mailing notification to a specified list.
43
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1 Mary Willis indicated that the buffering is required around the base of the tower to shield
2 the view around the base of the tower. It could be around the perimeter if, for instance, it was a
3 two acre area. It.is more likely that it would be around the base of the tower.
4
5 Jerry Eatman, indicated that the primary objection is that the list and who gets on the list
6 would involve the Planning Department in the day-to-day operation of the business of these
7 companies. He felt that the free-enterprise line is crossed when County staff keeps a list of
8 competitors who must be notified. The issues involved for the industry are financial and
9 competitive.
10
11 John Weldon mentioned that his company, BellSouth, is the newest company in this
12 business. ATT will soon be coming to this market and they will be a direct competitor. They do
13 not want to be required to co-locate with a direct competitor.
14
15 Lee Rafalow stated that in his opinion the only reason that these companies do not want
16 notification requirements is so that the public will not be informed.
17
18 Mary Willis stated that the provision of the list is to allow everyone to be on an equitable
19 basis. It is possible to reword this section of the Amendment to accomplish this. The intent is
20 to have tower owners identified, as well as to identify all additional users. New users would be
21 added to the list. Companies not erecting the towers themselves, but who have equipment to
22 co-locate, would also be included. The intent of the Amendment was to have as
23 comprehensive list as possible.
24
25 A motion was made by Commissioner Wllhoit, seconded by Commissioner Carey, to
26 refer this item to the Planning Board for a recommendation to be returned no sooner than
27 January 16, 1996.
28 VOTE: UNANIMOUS
29
30 (b) Article 6.16 Home Occupations
31 This item was presented by Mary Willis to receive citizen comment on a
32 proposed amendment to the Zoning Ordinance to clarify the intent of Article 6.16.6.3 regarding
33 screening of home occupations on lots in excess of 200,000 square feet (4.59 acres). The
34 Administration recommends that the proposed amendment be referred to the Planning Board
35 for a recommendation to be returned to the Board of Commissioners no sooner than January
36 16, 1996.
37
38 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS
39 . . Commissioner Gordon asked how it would be assured that the accessory buildings would
40 not be visible to adjacent roads and property.
41
42 Mary Wiles stated that by reviewing the Site Plan and the landscape on the property a
43 determination would be made. It would not apply in cases where the proposal was to plant
44 vegetation that would eventually grow up to be an adequate shield. In this particular case, the
45 shield would have to be in-place and already existing within a wooded area.
9
Response to November 27, 1995 Public Hearing Comments (see attached minutes)
1. Minimizing the Number of New Towers
A major concern of industry representatives was related to the proposed means
by which we would assure that adequate provision had been made to minimize
the number of new towers by sharing space on existing or new towers.
F=n__coraging Use Of Existing Towers
The Zoning Ordinance now requires that efforts to locate on an existing tower
be documented. There are no standards, however, by which to evaluate the
documentation provided.
Proposed Documentation Process: The amendment presented for
public hearing in November, 1995 included a requirement that the
applicant send letters to all tower owners within one mile of the
proposed site requesting information such as availability of lease space,
and tower height and strength. Also required was a copy of responses
received. One concern raised was that the applicant must rely on the
tower owner's response to requests for information, and delays could
result if the tower owner did not prepare the needed information in a
timely manner. The proposed wording was thought to place an implicit
burden of responsibility on the owners of existing towers to provide
detailed engineering and other information, upon the demand of
potential applicants, which could be time-consuming and costly.
The proposed revision continues to require submittal of information
concerning availability of space to lease, and tower height and strength
as was proposed in the initial draft. However, specific requirements as
to how communication between the applicant and the tower owner is to
occur are eliminated. The applicant must contact tower owners in order
to obtain the needed information, however, the proposed revision
focuses on the outcome of that contact,rather than the process.
Location ion of Towers Considered for Possible Co-location: Typically,
the range within which a new tower can perform its function within the
communications network is on the order of 1/4 mile from the proposed
site. There is some variability, however, depending on factors such as
the tower height and topography.
The area within which towers must be identified and evaluated is
proposed to be at least 1 mile for towers 200 feet or taller(as originally
proposed) and one-half mile for towers shorter than 200 feet. In
addition, the applicant must provide an engineer's certification
indicating the widest range from the proposed site within which the
equipment could perform.
10
All towers within the applicable mile or one-half mile radius must be
identified. However, a thorough and detailed explanation as to why co-
location efforts were not successful is required only for the towers
located within the functional range.
Sb&dna Space on New Towers
The Zoning Ordinance now requires that the applicant submit a statement
indicating that that the proposed tower can support at least one additional use
and that the applicant is willing to lease space on the tower to another user at a
reasonable rate.
The proposal presented at public hearing required that that letters be sent to all
potential users, offering to share space on the tower and requesting a response.
Potential users would have an opportunity to respond and express their interest in
leasing space.
Questions were raised regarding who would be notified,what to do in the case of
no responses, or many responses, and the potential for unfair competitive
advantage for those who do not have a tower network already in place. Also
questioned was the need for this notification requirement. It was thought that
these provisions were duplicative, since all applicants would be required to
explore and document the possibilities of using an existing tower prior to
submitting an application.
The purpose of the provisions discussed above is to assure that existing towers
will be utilized to the greatest possible extent before new towers are
constructed. The Planning Staff agrees that the notification requirements for the
purpose of offering to lease space is duplicative, and finds that the existing
provisions, which require that the tower be designed to support an additional
user, and that the Special Use Permit include a statement indicating the
applicant's willingness to lease space, are sufficient.
2. Subdivision Requirement
A lot to be used as a tower site which is created through the subdivision
process must generally be 1 or 2 acres in size,depending on the zoning district,
must be accessed by a right-of-way or easement at least 50 feet in width, and
must meet other requirements of the zoning ordinance and subdivision
regulations in much the same manner as a lot proposed for residential use. One
exception is that a Notice of Restricted Development Potential may be recorded
in lieu of having a soils analysis performed by Environmental Health, since
tower sites are unmanned and no septic disposal facilities are needed.
Concern with the requirement that separate lots be created for tower sites has
been expressed. In most cases, the property to be used for the tower is leased,
11
and future residential use is not anticipated. Land area requirements, right-of-
way width and road improvements may be more than is needed for an
unmanned facility.
In order to comply with State enabling legislation, property which is either
purchased or leased on a long-term basis must be subdivided in order to create
it as a separate building lot. Property leased on a short-term basis, such a year-
to-year, is not required to be subdivided.
No ordinance revisions pertaining to this issue are needed. This concern can be
addressed by informing applicants of the option to eliminate the subdivision
requirement by for tower sites by obtaining a year-to-year lease rather than a
long-term lease.
3. Stealth Application
In some cases, communications equipment can be located on an existing or
proposed structure which either serves another purpose altogether (such as a
tall building or water tower) or is disguised to look like it serves another
purpose (such as a tower in a rural area built to look like a silo). Other
examples of stealth applications may include church steeples, clock towers,
and observation towers. Permits are not required to place equipment on an
existing structure. However, permit approval is generally required for the
initial construction of most structures which would be of a sufficient height and
strength to support the equipment.
The Planning Staff recommends that stealth applications be encouraged
because of the reduced visual impact. It is proposed that new towers up to 160
feet in height which are sufficiently disguised be approved administratively by
the Planning Staff if the following criteria are met:
The primary purpose of the structure is, or visually appears to be, for
something other than the support of telecommunications equipment,
and the apparent purpose is customarily considered accessory to a use
which is allowed in the zoning district.
The structure and its use comply with the Orange County Zoning
Ordinance; and
•. For existing structures, the equipment does not extend more than 20
feet above the structure, or 10% of the height of the structure,
whichever is greater, provided that height and setback limitations of the
Zoning Ordinance are met.
12
If the structure is not sufficiently disguised or does not meet applicable
requirements of the Zoning Ordinance, then a Class A or Class B Special Use
Permit would be required, depending on the height.
4. Other Uses on Lot
The Zoning Ordinance now requires that there be no more than one principal
use on a parcel. Revisions to the proposal presented for public hearing in
November, 1995 include revision to Article 6.3.1, specifying that a
telecommunication tower may be allowed as a second principal use on a parcel.
A tower located on property used also for some other purpose would require
approval of a Class A or Class B Special Use Permit(unless it was found to be
a sufficiently-disguised stealth application). The Special Use Permit would
apply to the entire parcel, including any other uses. However, the standards of
evaluation required .for permit approval would apply only to the tower itself.
This change would allow towers to be located in conjunction with a shopping
center, church, or other principal use without creating a separate subdivision
lot(provided that the property is subject to a short-term lease only), and would
facilitate the use of stealth applications.
5. Setbacks
For towers requiring approval of a Special Use Permit, minimum setbacks
adjacent to residential zoning districts are proposed to equal the height of the
tower, but could be reduced by up to 50% with approval of the adjoining
property owners, provided that the standard minimum setback requirement of
the zoning district is met.
Adjacent to non-residential uses or non-residential zoning districts, the setback
must be the greater of 20% of the tower height or the minimum standard
setback of the zoning district. The lesser setbacks adjacent to non-residential
districts or uses could address potential setback problems on small commercial
lots, without impacting existing residences.
Towers or structures which qualify as stealth applications and are not subject to
approval of a Special Use Permit must meet setback provisions of Article
6.2.1(a) which requires one additional foot for front and side setbacks, in
addition to the standard setback specified in Article 5.1, for each two feet of
height above the maximum height specified for the zoning district. For
example, a 160' stealth tower in the R-1 zoning district (25' height limit, 40'
front setback, 20' side setback) would be subject to a front setback of 108 feet
and a side setback of 88 feet.
13
6. Unreasonable Interference with View.
Tlie proposed amendment presented for public hearing in November 1995
included a standard that "the tower and antenna will not unreasonably interfere
with the view of or from any historic site, scenic road, or major view corridor.
Questions were raised regarding how "unreasonable interference" would be
defined. This provision has been eliminated from the draft due to the lack of a
specific standard to define "unreasonable". The intent of the provision would
be met in making the general Special Use Permit findings, particularly the
findings that the use maintain or enhance the value of contiguous property, and
that the location and character of the use is in harmony with the area in which it
is to be located and is in compliance with zoning regulations and the Land Use
Plan.
7. Minimum Tower Height
It is expected that the height of new towers will decrease after construction of
the network of towers that will provide the basic coverage needed for the
system. The location of additional towers is based on demand, and as towers
are closer together, the height needed is not as great. Based on a review of
requirement of other jurisdictions, both local and national, the Planning Staff
recommends that towers less than 75 feet in height be permitted by right.
8. Other Types of Towers
Commissioner Willhoit questioned applicability to towers other than those
used for telecommunication purposes, such as those used for air quality
monitoring.
The staff recommends that telecommunication towers continue to be treated as
a specific use because each tower is constructed in the context of a larger
network, and it can be anticipated that requests for additional towers in the
network will continue. The proposed ordinance provisions address issues
which are unique to a telecommunications network.
Other tower-like structures or facilities are now subject to an additional setback
requirement of one foot for every two feet of height above the height limit
specified for the zoning district. Also, the tower must be associated with a
use that is permitted in the zoning district. Although there are occasional tower
structures proposed for purposes other than telecommunication, these requests
are infrequent, and the Staff has identified no-trend which would indicate plans
to develop a coordinated network for some other purpose in the future. The
Planning Staff recommends that other tower structures continue to meet the
applicable setback requirements. If the County wishes to apply different or
additional standards or review procedures to other types of towers, a separate
ordinance amendment is recommended.
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9. Notification Requirements
The issue of notification requirements was raised by an Orange County citizen,
who expressed concern with amendments which would limit notification of
citizens.
All property owners within 500 feet of a site are notified by mail of any
rezoning, Special Use Permit, or other action requiring a public hearing. In
addition, the property is posted with a sign and a newspaper notice is run twice
prior to the public hearing. The Ordinance Review Committee recommended
that property owners within 1000 feet be notified of Special Use Permit
hearings for telecommunication towers. One Committee member
recommended that the notification radius be extended further, to a distance of
at least 1500 feet.
Notification would not be required in cases where stealth applications were
used to the extent that the project could receive administrative rather than
Special Use Permit approval. Administrative approval in those cases is
proposed in response to citizen concerns regarding the visual impact of towers,
is intended as an incentive to encourage the use of effective stealth
applications.
15
8.8.17 end T..lmifflkn T " *4a_ and HatebJUH&CU lim1ppq and Elevated Water
torage Tanks(Class B SpuiRLU34
8.8.17.1 Additional Information
In addition to the information required in Subsection 8.2 and 8.8, the
following shall be submitted as part of the application:
a) A Site Plan showing site and size of all existing and proposed
structures, existing and proposed topography at a contour interval of
five feet and any officially designated floodways and floodplains, or
the presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of
the color and nature of all exterior material.
C) A Landscape Plan showing, at the same scale as the Site Plan,
existing and proposed trees, plus shrubs, ground cover and other
landscape materials.
FeaserAble basis:
8.8.17.2 Standards of Evaluation
The following specific standards shall be used in deciding upon an
application for approval:
a) Adequate provision has been made, by means of fencing or
otherwise,for the security of the'site,including the provision
of a gate at the access entrance of access roads leading to
such facilities.
b) A minimum lot size shall be adequate for the proposed use.
C) Adequate provision has been made for the protection of
adjacent property from the dangers of collapse, fire, flooding
or other menaces to public health and safety.
Ado eff em
1 6
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8.8.17a Telecommunication Towers (NEW)
17
NOTE-Cross-out/Underline indicates revision of the original amendment
presented for public hearing in November 1995. The existing ordinance
provisions are included as a separate attachment.
8.8.17a.1 Additional Information
In addition to the information required in Subsections 8.2 and 8.8, the
following shall be submitted as part of the application:
a) A Site Plan showing site and size of all existing structures within
500 feet of the site, existing and proposed topography at a contour
interval of five feet and any officially designated floodways and
floodplains,or the presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of
the color and nature of all exterior material.
C) A Landscape Plan showing, at the same scale as the Site Plan,
existing and proposed trees, plus shrubs, ground cover and other
landscape materials.
d) Evidence that the applicant has investigated the possibilities for
locating the proposed facilities on an existing tower. Such evidence
shall consist of-
A listing of all towers within a 1/2-mile(for towers shorter
than 200 feet) or 1-mile (for towers 200 feet or taller) radius
of the=posed tower site.
Delineation of the boundaries of the maximum search range
within which the tower eauinment can function as intended.
T-!
The following information shall be provided for all existing_
towers within the search range: T
4-
(a) Tower height, a measured from the ground to the
hiTzwint of the sunnort structure;
(b) Existing and planned tower users;
(c) Whether the existing tower could accommodate the
antenna to be attached to the proposed tower without
causing structural instability or radio frequency
interference;and
(d) If the proposed antenna cannot be accommodated on 17a
the existing tower, assess whether the existing tower
could be structurally strengthened or whether the
antennas transmitters and related equipment could be
protected from electromagnetic interference, and
generally describe the means and projected cost of
shared use of the existing tower; and
2.
3. A summary explanation of why proposed facilities cannot be
located on any of the existing towers in the search range.
�.
Weeem—m-»ea6eHtewer- users—Mist--pr-evided--hy the
the-fewer:
-2.
3:
due ♦ � s. -� iasa v>�, �sv ..rl......a.,..
. .
g.€ Documentation from applicable state or federal agencies indicating
requirements which affect the appearance of the proposed tower, 18
such as lighting and coloring.
Drafis bond or other security which will g=ntee the Temoval of the
tower in the event that it is abandoned or unused for a pen '?
months.
g, Alisting of all property owners within 1000 feet of the parcel shalt
be provided. Each property owner shall he notifle of the public
hearing in accordance with Article 2.3.3.4 ( 1 ss B Special Use
Permit) or Article 8.4.5 (Class A Special Use Permit) of this
Ordinance.
h Photographs of a clearly-visible balloon floated at the proposed
tower location to the maximum height of the towers.- Photographs
shall be taken from locations such as: property lines and/or
nearby residential areas historic sites, rod y�s. including scan;
Loads and maior view corridors. and other location as deemed
necessarv_by the Plmning Staff_ to assess the visual_ impact of the
proposed tower.
8.8.17.2 Standards of Evaluation
The following specific standards shall be used in deciding upon an
application for approval:
a) The Hinifflum let size shag be as r-equind by the applieable
.
b) Adjacent to residential zoning districts, minimum setbacks
from the base of the tower to the property boundary shall be
equal to the height of the tower. The setback may be reduced
to no less than one-half of the tower height if easements for
the remaining setback distance are granted by adjoining
property owners.
C) Adjacent to non-residential uses or non-residential zoning
districts,minimum setbacks from the base of the tower to the
property boundary shall be eqtW to 5044 of the height ef the
me
. the Hof
20°/a of the tower height or the mi red setback.
d) A Type C Landscape Buffer shall be provided between the
tower and adjoining property. Existing vegetation may be
removed only to the extent necessary to accommodate the
tower, equipment buildings, and support structures such as
guy wires.
19
e)
Ne-swietwes may be-leeeted with:-f the call zene
f) The site plan shall indicate a location for at least one
equipment building in addition to that proposed for use by
the applicant.
g) Security fencing is provided around the tower base or around
the perimeter of the site.
h) The telecommunications equipment planned for the proposed
tower cannot be accommodated on an existing tower due to
one or more of the following reasons:
1. The planned equipment would exceed the structural
capacity of existing and approved towers,
considering existing and planned use of those towers
and the towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause radio frequency
interference with other existing or planned equipment
for these towers, and the interference cannot be
prevented at a reasonable cost.
3. Existing or approved towers do not have space on
which the equipment can be placed so it can function
effectively and reasonably in parity with similar
existing or approved equipment.
4. No tower or other suitable facility exists in an area
where the equipment to be placed on the tower will
function in its intended manner.
i) The communications tower is structurally designed to
support at least one additional user, and the Special Use
Permit includes a statement that owner of the tower is willing
to permit other user(s) to attach communication facilities
which do not interfere with the primary purpose of the tower,
provided that such other users agree to negotiate a reasonable
compensation to the owner from such liability as may result
from such attachment.
j) The color of the tower is of light tone, except to the extent
required by law,so as to minimize its visual impact.
k) The towers will not be artificially lighted unless required by
the FAA, FCC or other federal or state agency. Where=h
envies allow a choice between painting the tower or
in_st, Wling strobe lighting,painting, shall be the Preferred 20
choice,
1) The tower and antenna will not unmaseRa-y=teeFe A4�
rest_ 1n a sigiificant adverse impact on the view of or from
any historic site,scenic road,or major view corridor.
M) All Obselete and umised abandoned communication towers
shall be removed within 12 months of the cessation of use.
The .Sineeinl Use Re^~`i* ^>,W a . dim .t.
r
- eq+4emepA A bond or other security gua tang
the removal of the tower in the event that it is abandoned or
unused for a period of 12 months shall be posted A cost
estimate shall be provided by a qualified contractor, The
amount of the security shall be 110 percent of the estimate
The Special Use Permit shall include a condition that the
electro-magnetic radiation levels maintain compliance with
requirements of the Federal Communication Commission.
rejarding emission of electromagnetic radiation Within 30
days of installation of cquiipment on the tower and within
30 days of the installation of any additional equipment in
the future_ the tower owners all provide documentation of
emission levels in relation to FCC standards In addition-
the tower owner must provide documentation of emission
levels within five workingdys if so mQuested by Qmgc
o n . Orange COun may make such requests at any
time_not to exceed four times vear.
63.1 Principal Uses
TReets shall be no more than one pimp_ WW use on army zoning to x p wt here:
a) pe>mitted as part of a Planned Development:or
b) the parcel is less than 2 acres in size_and non-residential multiple uses are
praposed within a single pprin_cipal structure:or
C) One of the uses is an unmanned telecommunication tower subject to a vear-
to-year or other short-term lease.
6.18 Administrative Approval of Stealth Telecommunication Towers
21
New telecommunication town up to 160 feet in height which are sufficiently-
disguised so as to minimi isual impact may be approved administratively tratively by
the Planning Staff provided that all of the provisions contained in Article 8.8.17a
are met A new tower may be considered sufficiently dis Wised if: the prim=
Mgp= of the structure is or visually appears to be. something other than the
auDnW of telecommunicatio ns equipment: the apparent purpose is customarily
cw dered as accessory,to a use which is allowed in the zoning district: and the
structure and its pnm use comply with the Orange County Zoning Ordinance.
The placement of telecommunication equipment on existing structures may be
approved administratively provided that the equipment does not extend more than
2n feet above the structure, or 10% of the height of the structure. whichever is
greater, and height and setback limitations of the Zoning Ordinance are met.
4.3 PERMITTED USE TABLE
• - PERMITTED USE
A . CLASS A SPECIAL USE (ARTICLE 81
B . CLASS B SPECIAL USE (ARTICLE 8)
RB AR I R1 I R2 R3 R4 R5 RB R13 LC1 NC2 I CC3 GC4 I ECS 1 01 EI I1 I2 13 AS ED I PID
P17 ROD B B Is Is B B B B B 8 B 8 8 B B B>
I
Tow we r Elevated 11Ftgr
Storage Tanks
Pie Research Lands &
Installations. Non - Profit
P19 Schools: Elementary, Middle 4
Secondary
P20 Schools: vocational '
P21 Schools: Dance, Art L Music
P21A Non - Profit Educational
Cooperative (1) A
P22 Transmission Lines _ B B 8 B B B B B B B B B B B B B B e B
P23 Universities, Colleges 4
Institute&
P24 Governmental Facilities G
office Suil4ings
P25 Water & Sanitary Sewer Pumping
Stations
P26 Camp /Retreat Center (3) B B B
Amendments: (1) 7- 1 -95
(2) 1- 5-97
(3) 2 -19 -91
(4) 3- 1 -94
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 ECS OI EI I1 I2 I3 AS ED PID
(4)
Telecommunication Towers meeting requirements of Article 6.18 may receive
.administrative approval.
N
N
standards and conditions will constitute a modification and will require 23
the approval of the Board of Adjustment. In determining whether a
—L change in the operation of the facility has occurred, the Zoning Officer
shall be guided by the procedures and criteria contained in Article 8.7
and Article 8.8.16.2.
8.8.17 Radio and Television Transmitting and Receiving Towers and Elevated
Water Storage Tanks (Class B Special Use)
8.8.17.1 Additional Information
Amended In addition to the information required in Subsection 8.2 and 8.8, the
10-5-94 following shall be submitted as part of the application:
a) A Site Plan showing siting and size of all existing and proposed
' structures, existing and proposed topography at a contour interval of
five feet and any officially designated floodways and floodplains, or the
presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material.
c) A Landscape Plan showing, at the same scale as the Site Plan, existing
and proposed trees, plus shrubs, ground cover and other landscape
materials.
s ^-1 d) If an existing communications tower is located in the general vicinity of
the proposed communications tower, applicant shall attempt to obtain
space on the existing tower. A letter indicating this attempt shall be
submitted with the application materials.
e) A statement indicating the applicant is willing to lease space on its
communications tower to other communications providers whose use
would not interfere with applicant's use on a commercially reasonable
_basis.
f) A statement from the applicant indicating the communications tower is
of sufficient size and structure to support the proposed use, plus one
additional use which would not interfere with the applicant's use.
8.8.17.2 SbuWards of Evaluation
Amended The following specific standards shall be used in deciding upon an application
10-5-94 for approval:
a) Adequate provision has been made, by means of fencing or otherwise,
for the security of the site, including the provision of a gate at the
i
access entrance of access roads leading to such facilities.
b) A minimum lot size shall be adequate for the proposed use.
8-20
C) Adequate provision has been made for the protection of adjacent 24
property from the dangers of collapse, fire, flooding or other menaces
to public health and safety. '
L
f
d) Adequate provision has been made to obtain space on an existing
communications tower in the general vicinity.
e) If a communications tower is proposed a statement is to be included
with the Special Use Permit Application indicating the applicant will
lease space on its tower on a commercially reasonable basis provided
the additional use would not interfere with the applicant's use. The
applicant may have the option of leasing space within an equipment
storage area or building or providing separate facilities for this purpose.
f) Adequate provision has been made for the communications tower to
support the proposed use, plus one additional use which would not
interfere with the applicant's use.
8.8.18 Bulildinss for Temporary Use (Class B Special Use)
8.8.18.1 Additional Information
In addition to the information required in Subsection 8.2 and 8.8, the
following shall be submitted as part of the application:
a) Site Plan showing all existing and proposed structures on the site,
existing and proposed topography at a contour interval of five feet,
existing and proposed landscaping, parking areas, access points, any
officially designated flood plains, and other site details.
b) A description of the exterior materials, color and construction details.
c) Statement of proposed use and length of time building will be in use.
8.8.18.2 Standards of Evaluation
The:following specific standards shall be used in deciding upon an application
for this use:
4) The temporary building shall not be used for residential purposes.
b) The requirements of Articles 4, 5, 8 and 9 of this ordinance have been
met.
c) The temporary building shall not be used by operations offering drive-
in services.
d) The use of the building shall be only for the period of time specified
and for the use specified. -
8-21
PETREE STOCKTON, L.L.P. 25
ATTORN EYS AT LAW
4101 LAKE 800NE TRAIL.SUITE 400
RALEIGH, NORTH CAROLINA 27607-6519
TELEPHONE(919) 420-1700
FAX(919) 420-1800 OTHEROACCES
CHARLOTTE. N C.
M. GRAY STYERS. 1R. WINSTON-SALEM, N.G.
(9191 420-1719
June 14, 1996
Orange County Planning Board-
306-F Revere Road
Hillsborough, North Carolina 27278
Re: Zoning Ordinance Text Amendments Regarding Telecommunication Towers
Dear Chair and Planning Board Members:
As regional counsel for BellSouth Carolinas PCS Limited Partnership ("BellSouth"),
we would like to respond to the proposed zoning ordinance text amendments regarding
telecommunication towers. As you know, BellSouth is currently planning and constructing
its system to provide the first digital personal communication service ("PCS") in North
Carolina. This system, which should be operational later this summer, includes several sites
in Orange County. Because BellSouth is one of the newest entrants in the wireless
telecommunications market and is building its system this year from scratch, we are
extremely interested and concerned about the proposed zoning ordinance text amendments
and how they will effect BellSouth's ability to provide this new technology to the residents of
Orange County.
(1) BellSouth recognizes the issues raised by the increasing number of
telecommunication towers that have been needed in the past few years as consumer demand
for mobile wireless telecommunication service increases and as new technologies become
available. Consequently, BellSouth attempts to co-locate its antennas on existing or proposed
structures whenever possible, constructs its own towers to accommodate co-location by other
wireless communication carriers, and is a leader in utilizing stealth applications, such as
church steeples, clock towers, light poles, flag poles and existing buildings. Therefore, we
agree with the Planning Staff's recommendation that stealth applications be encouraged and
support the proposal of a new Section 6.18.
This new section, however, could be interpreted to make stealth installation of
antennas on existing buildings extremely difficult unless the existing structure already met the
set-back limitations of the zoning ordinance. BellSouth has successfully avoided constructing
additional towers in many area by locating antennas on top of existing multi-story buildings.
This stealth application does not effect the existing building's relationship to property lines
and other structures. Therefore, there is no reason for expanded set-back requirements in
this situation. We would propose, therefore, deleting the last clause of the new proposed
26
Orange County Planning Board
June 14, 1996
Page 2
section 6.18 after the word "greater," as being unnecessary and contrary to'the section's
intent.
(2) BellSouth strongly recommends that the zoning ordinances clarify that a leased
site for a telecommunications tower does not trigger the requirements of the County's
subdivision ordinances, so long as the lease does not create a separate, delineated parcel that
survives its use as a telecommunication tower site. None of BellSouth's sites require a lease
of one or two acres of land and none require an improved right-of-way or easement of at
least 50 feet in width. Most BellSouth sites are on very small leased parcels of
approximately 40 x 60 feet and require access only for construction and occasional
maintenance and inspection (and, eventually, removal). The leases terminate whenever a
tower is removed and does not allow the leased site to be used for any other purpose.
Neither the property owner or BellSouth intends to create a parcel for potential residential or
any other use. Therefore, the subdivision requirements are not necessary and should be
expressly noted to be inapplicable.
(3) Proposed section 8.8.17a.1(g) would increase the area in which property
owners must be notified of the public hearing from 500 to 1,000 feet of the parcel on which
the structure site is to be located. As discussed during prior meetings, most PCS towers
initially constructed to provide basic coverage are less than 200 feet tall. Any towers needed
to provide additional capacity in the future will most likely be shorter, as noted in Section 7
of the Response to November 27, 1995 Public Hearing Comments. Towers less than 200
feet tall, as a general rule, either cannot be seen at all, or at least are not noticeable, from a
distance greater than 500-600 feet if there are any trees at all between the observer and the
structure.
As you know, BellSouth often conducts informal meetings with area property owners
prior to the formal public hearings in order to answer questions, address concerns, and
provide information at an early stage in the siting process. Occasionally, these public
meetings result is BellSouth modifying its original plans for a site. Our experience at these
meetings has been that, once the location of the site is identified, residents living more than
100-150 yar&from the structure often leave because it is so far away from them.
Moreover, bwuse BellSouth attempts to locate its structures on large parcels of undeveloped
land whenever`possible, notifying every property owner within 1000 feet of the property line
.of the parcel is not only unnecessary, but also difficult.
For all of these reasons, BellSouth proposes alternative language requiring notification
of all owners-of property within 3 or 4 times the tower height from the base of the structure.
27
Orange County Planning Board
June 14, 1996
Page 3
Thank you for this opportunity to share some of our concerns about the proposed
ordinance. BellSouth is excited to be offering this new PCS service to Orange County, and
we would be glad to provide additional information regarding any of these issues discussed
above.
Very truly yours,
PETREE STOCKTON, L.L.P.
__0
M. Gray Sty s, Jr
Enclosures
cc: Mr. John Weldon, BellSouth PCS
Mr. Keith Lee, BellSouth PCS
Ms. Mary Willis, Orange County Planning Dept.
28
Law OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E.TRYON STREET
P.O.DRAWER 1529
HILLSBOROUGH,NORTH CAROLINA 27278
919.732.21% FROM THE DESK OF
FAX 919-732-7997 GEOFFREY E.GLEDHILL
June 21, 1996
Ms. Mary Willis
Supervisor
Orange County Planning Department
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Telecomum cations Towers
Dear Mary:
This letter confirms our June 20, 1996 telephone
conversation. Upon reconsideration of the question of whether
telecommunications tower installations constitute a subdivision
of land, it is now my opinion that they do not. North Carolina
General Statutes g 153A-335 defines a subdivision, for the
purpose of subdivision regulations, as "all divisions of a tract
or parcel of land into two or more lots, building sites, or other
divisions for the purpose of sale or building developments
(whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing
streets. . . . " All of the telecommunications tower installations
that have occurred in Orange County have occurred pursuant to
leases of 25 years or less and, the facilities placed on the
leased premises have been towers, guy wires, electronic equipment
and perhaps a small facilities building. It is now my view that
these leases are not sales of property and, it is now my view
that the facilities erected on the tower sites are not building
development. Therefore, unless the tower site involves the
dedication of a new public street or a change in an existing
public street (not likely) , there is no division of land for
subdivision regulation purposes. I therefore recommend that the
applications for telecommunications towers be reviewed by the
.Planning Department pursuant to Orange County Zoning Ordinance
requirements only.
The consequence of zoning regulation review only is that it
will not be necessary for the Planning Department or me to review
lease agreements. between the tower company and the property
owner. However, it will be necessary for any special use permit
29
Ms. Mary Willis
Page 2
June 21, 1996
to be applicable to the tract or parcel of land on which the
telecommunications tower is located. Put another way; if the
telecommunications company does not subdivide its leased parcel,
thus creating a separate land parcel for land records purposes,
the special use permit will apply to whatever tract or parcel of
land is separate for land records purposes. The corollary of
this is that the applicant must provide the Planning Department,
with its application, with the legal description of the
appropriate parcel and evidence of title to enable the Planning
Department to prepare the special use permit. If you have any
questions about this, please call.
Very truly yours,
;u'IA GLEDHILL HARGRAVS, P.C.
Ge ley Gle 'll
GEG/lsg
xc: E. Christopher Cox Esquire
lsg\c:\wp60\willtel.ltr
30
LYNCH, EATMAN & TWIDDY, L.L.P.
LAWYERS
SUITE 195, CAROLINA PLACE
2626 GLENWOOD AVENUE
RALEIGH, NORTH CAROLINA 27608
919/571-3332
FAX 919/571-9983
MARIA M. LYNCH MAILING BDOR cc:
JEROME R. EATMAN, JR. POST OFFICE BOX 30515
CURTIS A. TWIDDY RALEIGH, NC 27622-0515
KATHERINE B. WILKERSON
ALBERT M. BENSHOFF
July 23, 1996
Chair Joan Jobsis, Orange County Planning Board
Vice Chair Karen Barrows
Leo Allison, S.A.M. Brooks, Margaret Brown
H. Paul Hoecke, Cheryl Howie, Arnie Katz,
Renee Price, Cherie Rosemond, Robert Strayhorn,
Elizabeth Walters
RE: Zoning Ordinance Text Amendments in Regard to
Telecommunication Towers
Dear Chair and Planning Board Members:
Based on the terms of the proposed amendments and the comments
of the staff found in the Telecommunication Tower's Response to November
27 1995 Public Hearing Comments, the primary purpose of the proposed
amendments appears to be to minimize the number of new towers in Orange
County. The comments made by the staff and others at the recent public
hearings also seem to indicate that there is concern over construction of
unnecessary communications towers in Orange County. While most of the
proposed amendments do not present serious problems for the industry,
we are concerned that they have little prospect for accomplishing the
County's desired results.
The staff has done an excellent job in studying this issue and in
looking at the way other jurisdictions have approached the problem of tower
proliferation. Unfortunately, very few jurisdictions have approached this
issue in any comprehensive manner and, as a result, the desired results are
seldom achieved. Many areas have been successful in making the process
extremely burdensome and costly for the industry, but none have
substantially reduced the number of towers constructed in their community.
The best that can be achieved, particularly in light of the
Telecommunications Act of 1996, which eliminates prohibition of new
towers as an option, is to regulate the siting of transmission facilities in a
way which will achieve the best possible mitigation of the appearance of
31
July 23, 1996
Page 2
these facilities. The approach suggested-by the current draft zoning
amendments is to minimize the number of towers by requiring companies to
share towers. The economic benefit of co-location to wireless companies is
so great that voluntary co-location has been practiced for several years.
The reason most companies have not objected to the mandatory co-location
in your current ordinance is because they follow this procedure in the
normal course of business-.- Tower proliferation is not a function of lack of
co-location; it is a product of existing wireless technology. In this regard, I
have set forth below some observations for your consideration.
a. Limitations of Wireless_Technology. The biggest cause of
tower proliferation in all areas is the nature of wireless technology
and the number of companies desiring to provide this technology to .
the public. The number, height and location of transmission towers is
dictated by customer demand, topography, and the low power
technology used to provide conventional cellular and PCS service.
Based on my experience over the last eight years as North Carolina
general counsel to Centel/Sprint/3601 Communications and special
zoning counsel to Sprint Spectrum PCS in Pennsylvania, New York,
Connecticut, Massachusetts, Rhode Island and New Jersey, I
estimate that the failure, or inability, of a company to locate on
existing towers or structures accounts for less than five percent of
the new towers constructed. The reason most new towers are
constructed is the company's need for a transmission facility in a
certain geographic area where there are no existing towers or other
structures suitable for the transmission facility. No amount of
governmentally mandated or encouraged co-location can change the
fact that, in a predominantly rural area like Orange County, most
companies will need to build new transmission facilities to serve their
customers..
b..- Co-Location Policies. Most local ordinances, including the
proposed amendments to the Orange County Code, focus their
attention on "forcing" companies to attempt to co-locate on existing
towers or facilities. While there is nothing wrong with these
regulations, they will have little effect on tower proliferation. These
regulations presume that the wireless communications companies
have some desire to avoid utilizing existing facilities in their search
areas. This is untrue. The reason the wireless communication
companies do not object to co-location policies generally is because
they do it now. There is, on the average, a cost savings of
approximately $300,000 every time a company can utilize an existing
tower. The cost savings will exceed this $300,000 estimate in
32
July 23, 1996
Page 3
jurisdictions like Orange County where the approval process for a new
tower is extraordinarily lengthy and cumbersome. The only effect
that the information required under Section 8.8.17a.1 will have is to
increase the cost to the company of getting a tower site approved.
The typical "search area" for a cellular transmission facility is
1 /4 to 1 /2 mile. The"industry does not object to providing information
regarding existing structures within this radius because all of those
structures will have been thoroughly examined prior to making the
application. If there is a tower in that search area, the company will
have made every effort to locate its facility on that tower because the
cost savings are enormous. The list of towers or other structures
within a one mile radius of towers taller than 200 feet is irrelevant
because most of these towers are too far out of the search area for
the company to use. If the company could use those towers, it would
do so.
If the May draft amendments are to be retained with only minor
changes, then I suggest the following amendments:
1 ) 1 suggest that the County collect the information required under
Section 8.8.17a.1 when it has some relevance to co-location. The
requirement to list all towers within a one mile radius of proposed towers
taller than 200 feet will produce a list containing towers too distant to be
used for co-location. This requirement will make the process more time
consuming and costly but will not result in fewer towers.
2) Section 8.8.17a1 .(d) requires applicants to provide all of the
following information for all towers within the search range:
- tower height
- existing and planned users
- can the proposed antennas be accommodated on the existing tower?
- an explanation of why the tower cannot be used by the applicant;
- and `assess whether the existing tower could be structurally
strengthened or whether the antennas, transmitters and related
equipment could be protected from Electro-Magnetic Interference,
and generally describe the means and projected cost of shared use of
the-existing tower."
It may not be possible to supply all of the information listed above for
every tower within the search range because some of the information may
be proprietary. If a tower owner refuses an offer of co-location, then it
33
July 23, 1996
Page 4
should be unnecessary to "assess whether the tower could be structurally
strengthened." Submitting the required information should be dependent on
whether the tower can be used for co-location. I suggest drafting Section
8.8.17a.1 .(d) to contain a conditional alternative as follows:
"Delineation of the boundaries of the maximum search range within
which the tower equipment can function as intended. The following
information shall be provided for all existing towers within he search range:
(a) Tower height;
(b) Existing tower users;
(c) Planned tower users, if available;
(d) If the tower owner will consider co-location at a height usable by
the applicant, then
1 ) Whether the existing tower could accommodate the antenna to
be attached to the proposed tower without causing structural
instability or radio frequency interference; and/or
2) If the proposed antenna cannot be accommodated on the
existing tower, assess whether the existing tower could be
structurally strengthened or whether the antennas, transmitters
and related equipment could be protected from electro-
magnetic interference, and generally describe the means and
projected cost of shared use of the existing tower."
3) To my knowledge, only Orange County interprets the General
Statutes to require that leased property be subject to the Subdivision
Ordinance. Most transmission sites are on small tracts of leased property.
We ask for additional relief from this interpretation.
4) The-area in which property owners are to be notified of a Class B
Special Use Permit application is proposed to be increased from 500 to
1 ,000 feet. A Class B Special Use Permit can only be issued for towers
under 2004"t. There is no reason to notify a property owner 1 ,000 feet
away from a 200 foot tower, unless you are planning to increase the notice
area for all Special Use Permits. The standards for a Class B Special Use
Permit under your current ordinance makes any concerns of residents 1 ,000
feet away from a 200 foot tower very hard to address. Any impact of a
200 foot (or lower) tower on a property owner 1 ,000 feet away is going to
be very difficult to establish in the context of a quasi-judicial Special Use
Permit hearing.
July 23, 1996 34
Page 5
5) Both the November and May drafts provide that minimum setbacks
from the base of the tower to the property boundary will be equal to the
height of the tower unless the tower owner acquires an easement to
adjacent property. (Section 8.8.17.2.(b)) In that case, the setback may be
reduced by up to 50%. An easement is a legal estate in land. Easements
are purchased just like other estates in real property. The easement
requirement will provide the level of legal formality necessary to prevent a
neighboring property owner from simply giving permission to a tower owner
to reduce the setback. An illustration of the typical use of a setback
reduction easement is attached.
6) At the public hearing considerable interest was expressed in the
health effects of electro-magnetic radiation from cellular antennas.
Questions were raised as to whether local governments regulatory authority
has been preempted by Congress.
Section 704 (B)(iv) of the Telecommunications Act of 1996 reads,
"No State or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service
facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the Commission's
regulations concerning such emissions." Section 704 (b) requires the FCC
to "make effective rules regarding the environmental effects of radio
frequency emissions" within 180 days of the passage of the Act, or by early
August.
The Federal Communications Commission New National Wireless
Tower Siting Policies, dated April 23, 1996, established the uniform
national standards for evaluating tower siting decisions based on the health
effects of electro-magnetic frequency radiation. The Policies state "Section
704(b) gives preemptive effect to these existing rules. ... Presently, RF
emission requirements are contained in Section 1 .1307(b) of the FCC's
rules, 47 C.F.R. §1 .1307(b), for all services." Section 1 .1307 (b) cross-
references the "Radio Frequency Protection Guides recommended in
American National Standard Safety Levels with Respect to Human Exposure
to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz (ANSI
C95.1-1982) issued by the American National Standards Institute..."
This means that no application for a cellular telephone facility may be
rejected on the grounds of health effects if the proposed facility meets the
federally established radio frequency thresholds contained in ANSI (95.1-
1982). Local governments can (and should) require a statement that a
proposed facility will be operated in compliance with the federal standards.
35
July 23, 1996
Page 6
For your general information on this issue, I have attached two
studies by Denny & Associates, P.C., consulting radio frequency engineers.
These studies measure the electro=magnetic radiation discharged by the
360° Communications Company tower next to the school on Merrit Mill
Road in Chapel Hill. Both studies show that the maximum radiation levels
from this tower is about 100 times less than the ANSI C95.1-1982
standard.
Please contact me if I can provide any more information or any
clarification on any of the issues raised in this letter.
Very trul yours,
J me R. atman, Jr.
AMB:sla
Attachment
cc: Scott Martenson
f:1sussn%3Woran9alzon2.1tr
36
I
Illustration of a 100 Foot Setback I
Reduction by Basement on Parcel B
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JULES COHEN 3 ASSOCIATES, P.C.
CONSULTING ENOINEEKS 37
WASHINGTON. D.C. 20036
ENGINEERING STATEMENT
ELECTROMAGNETIC FIELD STRENGTH SURVEY
SPRINT CELLULAR COMPANY
STATION KNKA293
CARR.BORO,NORTH CAROLINA
Electromagnetic field strength measurements were made by the undersigned at the
transmitting site of Domestic Public Cellular Radio Telecommunications Service station
KNKA293. The measurements were made on April 28, 1994, on behalf of Sprint Cellular
Company, licensee of KNKA293. Locations on the cell site grounds, both inside and outside the
tower, and in the equipment shelter were surveyed to determine the levels of radio-frequency
energy present.
Data collected during the survey were evaluated against two standards which establish
the maximum levels of radio-frequency energy to which humans may be exposed without known
harmful biological effects. The two standards are American National Standards Institute (ANSI)
C95.1-1982 and ANSI/Institute of Electrical and Electronics Engineers (IEEE) C95.1-1992.
ANSWEEE C95.1-1992 is the revision of C95.1-1982. The protection guide levels specified in
ANSI C95.1-1982 have been adopted by the Federal Communications Commission as the
acceptable levels of human exposure to RFR. The FCC currently is considering adoption of the
revised standard and most likely will do so in the next twelve months. By evaluating the survey
data against both.the existing and revised standards, there should be no need to repeat the survey
effort at such time as the FCC adopts the revised standard.
Survey measurements were made at representative locations on the ground at the cell
site, both=a&and outside the tower fence, and inside the equipment shelter. The exposure level
at each location surveyed was below the sensitivity threshold of the measurement instrument and
well below the exposure limits established by either standard. Further discussion of the survey
follows.
JULES COHEN & ASSOCIATES, P.C.
CONSULTING ENGINEERS 38
WASHINGTON, D.C. 20036
Engineering Statement Page 2
Carrboro,_North Carolina
Site Descri2tion
The surveyed cellular site is located at 515 South Greensboro Street, Carrboro, Orange
County, North Carolina. The geographic coordinates of the site, referenced to the 1983 North
American Datum, are: 35°54'09"North Latitude, 790 04' 11" West Longitude. A 180-foot self-
supporting tower has been erected at the site to support the KNKA293 base station antennas._,T wo
Decibel Products, type DB810, transmitting antennas are mounted at the top of the tower with
centerlines 187 feet above ground level (AGL). Six other antennas are mounted near the top of
the tower, but these antennas are for receiving only. Access to the tower is restricted to
authorized personnel by a fence with a lockable gate.
Exposure Standards
As stated earlier, analysis of-the data collected in this survey is based on two
standards for human exposure to radio-frequency electromagnetic fields: ANSI C95.1-1982, the
currently adopted FCC standard, and ANSMEEE C95.1-1992, the revision of ANSI C95.1-1982.
The FCC is in the process of changing its rules to incorporate the revised standard, ANSUIEEE
C95.1-1992, in place of the current standard, ANSI C95.1-1982. It is expected that the FCC will
incorporate the revised standard into its rules with few changes.
AN C95.1-1982 specifies maximum exposure in terms of frequency-dependent
protection guides. The pn*wtion guides are concerned with total whole-body absorption of radio-
frequency energy over any 0.1-hour period. All of the radio-frequency sources at the KNKA293
cellular spa are in dw 300 to 3000 megahertz(N4Hz) frequency range. The protection guide level
for this frequency range corresponds to an average equivalent plane wave power density that may
be calculated using the formula.
r
S 300
JULES COHEN & ASSOCIATES, P.C. 39
CONSULTING ENGINEERS
WASHINGTON, D.C. 20036
Engineering Statement Page 3
Carrboro, North Carolina
where f is frequency in megahertz and S is power density in milliwatts per square centimeter
(m W/cm=). Given this relationship, the most restrictive exposure guide level would occur at
869 MHz, the lowest possible operating frequency for cellular base stations. Applying this
frequency to the formula yields a protection guide level of 2.9 mW/cm2.
The revised standard, C95.1-1992, also specifies maximum exposure in terms of a
frequency-dependent maximum level, but, instead of a protection guide, this level is referred to
as a maximum permissible exposure (MPE) level. The new standard also categorizes exposure
environments as controlled or uncontrolled. The 1982 standard did not distinguish between
exposure environments. Under C95.1-1992, controlled environments are locations where there
is exposure that may be incurred by persons who are aware of the potential for exposure as a
concomitant of employment, by other cognizant persons, or as the incidental result of transient
passage through area where analysis shows the exposure levels may be above the MPEs for
uncontrolled environments but less than the MPEs for controlled environments. The MPE for
controlled environments under the 1992 standard for emissions in the 300 to 3000 MHz frequency
range is the same as the 1982 protection guide level and therefore may be calculated using the
formula given above. The averaging time for controlled environment exposures is also 0.1 hour
as with the 1982 standard. Thus, in this case, the MPE for controlled environments would be the
same as the protection guide level, 2.9 mW/cm2. The base of the KNKA293 tower, which is
enclosed by a fake, is an example of a controlled environment. Locations inside the KN A293
equipment shelter also are examples of a controlled environment.
JULES COHEN & ASSOCIATES, P.C.
CONSULTING E VGiNEExS
WASHINGTON, D.C. 20036 40
Engineering Statement Page 4
Carrboro, North Carolina
Uncontrolled environments are locations where there is exposure of individuals who
have no knowledge or control of their exposure. A residential area would be an example of an
uncontrolled environment. The MPE for uncontrolled environments for emissions in the 300 to
3000 MHz frequency range may be calculated using the formula
S= f
1500
where, as before, f is the frequency in megahertz, and S is power density in milliwatts per square
centimeter. While there are some exceptions, in general, the MPEs for uncontrolled environments
are one-fifth the MPEs for controlled environments, and the averaging times for uncontrolled
environments are five times longer than for controlled environments. As was the case with the
protection guide level and the MPE for controlled environments, the most restrictive MPE for
uncontrolled environments occurs at 869 MHz. Applying this frequency to the formula yields an
WE for uncontrolled environments 0.58 mW/cm=.
Measurement Procedure
Electromagnetic field sa gth measurements were made using a Narda, model 8716,
serial number 06052, electromagnetic monitor calibrated in units of milliwatts per square
centimeter. The model 8761, serial number 02003, isotropic probe was used for all electric field
measurements. The electromagnetic monitor exhibits of sensitivity threshold of 0.005 mW/cm2.
The sensitivity threshold of the instrument corresponds to 0.17 percent of the MPE for controlled
environments and 0.86 percent of the MPE for uncontrolled environments. Because of the
frequencies is use at the site and the distances from the radiation sources being measured, the
electric field component of radiation alone was sufficient to define cgxmire, and a full course of
magnetic field measurements was deemed unnecessary. However, a model 8731, serial number
02030, isotropic probe was used for spot magnetic field measurements. The electromagnetic
monitor and probes were calibrated as a system in April 1992.
JULES COHEN & ASSOCIATES, P.C.
CONSULTING Emoi-mus 41
WASHINGTON, D.C. 20036
Engineering Statement page 5
Carrboro, North Carolina
Measurement data provided by the electromagnetic monitor were recorded by a
Holaday, model HI-3320, data logger. The data logger input was calibrated to the electromagnetic
monitor output to record data'in units of equivalent plane wave power density, milliwatts per
square centimeter. The data logger was programmed to sample the meter output once each
second. Data were logged for 20-second sample periods and, at the end of each sample period,
the average equivalent plane wave power density encountered over the course of the sample period
would have been calculated had the exposure levels been above the sensitivity threshold of the
instrument. Then, the calculated average and measured minimum and maximum power density
levels for each sample period would have been stored in the data logger memory for later analysis.
The extremely low maximum exposure levels present at the site made rigorous analysis of the
measurement data unnecessary.
On the ground and inside the equipment shelter, the probe was scanned slowly in a
vertical plane over an approximate one-square-meter area to simulate the surface of a human torso.
At tight locations inside equipment racks containing cellular transmitters, filters, and combiners,
and near transmission lines, there was not enough space to make whole body measurements.
These locations simply were probed to ascertain the electromagnetic field strength present.
Findings
The exposure level present at each.survey location was below the sensitivity threshold
of the elecumupedc monitor. Thus, exposure at the site inside the tower fence and equipment
shelter is Iewd=0.17 parrot of the MPE for controlled environments, the sensitivity threshold
of the instrvosmt for controlled environments. At publicly accessible locations, exposure was less
the 0.86 percent of the MPE for uncontrolled environments, the sensitivity threshold of the
instrument for uncontroUed environments. Because of the extremely low electromagnetic field
JULES COHEN & ASSOCIATES, P.C.
CONSULTING ENGINHBRS 42
WASHINGTON, D.C. 20036
Engineering Statement - Page 6
Canboro,_North Carolina
strengths, it was not possible to distinguish cellular signals from ambient electromagnetic noise.
Inside the equipment rack that housed the cellular transmitters, wgmure levels wen found also
to be below the threshold of the electromagnetic monitor.
There were 22 cellular transmitters installed at the site at the time of the survey.
Taking into account transmitter power output, lion line loss, and antenna gain, the
effective radiated power of each transmitter is nominally 100 watts. Assuming simuhaneou S
operation of all tiransmitters, mau3m sm effective radiated power at the site is 2200 want Gives
the height above ground level of the trans:mitting antennas and the directivity of the t:aasanittiag
antennas in the vertical plane, the estimated exposure level six feet above ground level at the
tower base is less than 0.0003 mW/em=, which is equivalent to 0.01 percent of the MPE for
controlled environments and 0.05 percent of the WE for uncontrolled environments.
Conclusion
RFR exposure levels measured on the ground and inside the equipment shelter at the
KNKA293 site were non than one hundred times less than the protection guide.: set forth in
ANSI 095.1-1982 and the applicable MM set forth in 095.1.1992 It is extremely Maly that
a more sensitive electromag monitor would show the wgxm n levels to be thou ands of times
less than the maromnms established by the standards. Further, public access to the site is
restricted, fits, by a fence enclosing the self-storage complex within which the cellular site
located, anct second, by a fence enclosing the tower base.
A any changes to the transmission system, routine measurement of
elearomagnedc field strengths at the K NKA293 site would serve no purpose other than to prove
well established laws of physics by demonsorating that no change in the transmission system
JULES COHEN & ASSOCIATES, P.C.
CONSULTING ENCINSBRS 43
WASHINGTON, D.C. 20036
Engineering Statement Page 7
Cantoro, North Carolina
results in no increase in the exposure levels present at the site. Because exposure levels are a
function of effective radiated power, antenna electrical characteristics, and distance between the
antenna and observer, it is quite reasonable to assume that there will be no change in the ground
level exposure as long as there is no change in effective radiated power, antenna type, or antenna
mounting height above ground level. If future measurements at this site are to-be made to verify
compliance with the standards, such measurements should only be required if maximum effective
radiated power is increased, a transmitting antenna changed or added, or transmitting antenna
height is changed more than six feet. The addition or relocation of a receiving antenna should
not require a new field strength survey.
Robert W. Denny, Jr4P.E.
June 13, 1994
DENNY & ASSOCIATES, P.C.
44
CONSULTING ENGINEERS
WASHINGTON, DC
ENGINEERING STATEMENT
ELECTROMAGNETIC FIELD STRENGTH SURVEY
SPRINT CELLULAR COMPANY
STATION ILNKA293
CARRBORO, NORTH CAROLINA
INTRODUCTION
Electromagnetic field strength measurements were made by the undersigned
at the transmitting site of Domestic Public Cellular Radio Telecommunications Service
station KNKA293. The measurements were made on September 19, 1995, on behalf of
Sprint Cellular Company, licensee of KNKA293.
Data collected during the survey were evaluated-against two standards
which establish the maximum levels of radio-frequency energy to which humans may
be exposed without known harmful biological effects. The two standards are American
National Standards Institute (ANSI) C95.1-1982 and ANSI/Institute of Electrical and
Electronics Engineers (IEEE) C95.1-1992. ANSI/IEEE C95.1-1992 is the revision of
C95.1-1982. The protection guide levels specified in ANSI C95.1-1982 have been
adopted by the Federal Communications Commission as the acceptable levels of human
exposure to radio-frequency radiation (RFR). The FCC currently is considering
adoption of the-revised standard and most likely will do so when the docket comes up
for consideration. By evaluating the survey data against both the existing and revised
standards,there should be no need to repeat the survey effort at such time as the FCC
adopts the.revised standard.
Survey measurements were made at representative locations on the ground
at the cell site, both inside and outside the tower fence, and inside the equipment
shelter. The exposure level at each location surveyed was below the sensitivity
DENNY SI ASSOCIATES, P.C.
CONSULTING ENGINEERS 45
WASHINGTON, DC
Engineering Statement Page 2
KNKA293, Carrboro, North Carolina
threshold of the measurement instrument and well below the exposure limits
established by either standard. Further discussion of the survey follows.
SITE DESCRIPTION
The surveyed cellular site is located at 515 South Greensboro Street,
Carrboro, Orange County, North Carolina. The geographic coordinates of the site,
referenced to the 1983 North American Datum, are: 35° 54' 09' North Latitude, 79° 04'
11" West Longitude. A 180-foot self-supporting tower has been erected at the site to
support the KNKA293 base station antennas. Two, Decibel Products, type DB810,
transmitting antennas are mounted at the top of the tower with center lines 187 feet
above ground level (AGL). Six other antennas are mounted near the top of the tower,
but these antennas are for receiving only. Access to the tower is restricted to
authorized personnel by a fence with a lockable gate. A sketch of the cell site is shown
in Figure 1 of this statement.
EXPOSURE STANDARDS
As stated earlier,analysis of the data collected in this survey is based on two
standards for human exposure to radio-frequency electromagnetic fields: ANSI C95.1-
1982, the.-currently adopted FCC standard; and ANSMEEE C95.1-1992, the revision
of ANSI C95.1-1982. The FCC is in the process of changing its rules to incorporate the
revised standard, ANSLUEE C95.1-1992, in place of the current standard, ANSI
C95.1-1982. It is expected that the FCC will incorporate the revised standard into its
rules with few changes.
DENNY & ASSOCIATES, P.G. 46
CONSULTING ENGtNBERS
WASHINGTON, DC
Engineering Statement Page 3
KNKA293, Carrboro, North Carolina
ANSI C95.1-1982 specifies maximum exposure in terms of frequency-
dependent protection guides. The protection guides are concerned with total whole.
body absorption of radio-frequency energy over any 0.1-hour period. All of the radio-
frequency sources at the IOMM93 cellular site are in the 869 to 894 megahertz (MHz)
frequency range. The protection guide level for this frequency range corresponds to an
average equivalent plane wave power density that may be calculated using the formula
S= f
300
where f is frequency in megahertz and S is power density in milliwatts per square
centimeter(mW/cm). Given this relationship, the most restrictive exposure guide level
would occur at 869 MHz, the lowest possible operating frequency for cellular base
stations. Applying this frequency to the formula yields a protection guide level of
2.9 mW/cm2.
The revised standard, C95.1-1992,also specifies maximum exposure in terms
of a frequency-dependent maximum level, but, instead of a protection guide, this level
is referred to as a maximum permissible exposure WE)level. The new standard also
categorizes exposure environments as controlled or uncontrolled. The 1982 standard
did not distinguish between exposure environments. Under C95.1-1992, controlled
environments are locations where there is exposure that may be incurred by persons
who are agars of the potential for exposure as a concomitant of employment, by other
cognizant persons,or as the incidental result of transient passage through areas where
analysis shows the exposure levels may be above the MPEs for uncontrolled
environments but less than the MPEs for controlled environments. The MPE for
controlled environments under the 1992 standard for emissions in the 300 to 3000 MHz
DENNY & ASSOCIATES, P.C.
CONSULTING ENGINEERS 47
WASHINGTON, DC
Engineering Statement Page 4
KNKA.293,Carrboro, North Carolina
frequency range is the same as the 1982 protection guide level and, therefore, may be
calculated using the formula given above. The averaging time for controlled
environment exposures is also 0.1 hour as with the 1982 standard. Thus, in this case,
the MPE for controlled environments would be the same as the protection guide level,
2.9 mW/cm2. The base of the K NKA293 tower, which is enclosed by a fence, is an
example of a controlled environment. Locations inside the KNKA293 equipment
shelter also are examples of a controlled environment.
Uncontrolled environments are locations where there is exposure of
individuals who have no knowledge or control of their exposure. A residential area
would be an example of an uncontrolled environment. The MPE for uncontrolled
environments for emissions in the 300 to 3000 MHz frequency range may be calculated
using the formula
S= f
1500
where, as before, f is the frequency in megahertz, and S is power density in mW/cmz.
While there are some exceptions, in general, the MPEs for uncontrolled environments
are one-fifth the MPEs for controlled environments, and the averaging times for
uncontrolled environments are five times longer than for controlled environments. As
was the came with the protection guide level and the MPE for controRT_1 environments,
the most restrictive MPE for uncontrolled environments occurs at 869 iVfHz. Applying
this frequency to the formula yields an NPE for uncontrolled environments of
0.58 mw/Croy.
DENNY & ASSOCIATES, P.C.
CONSULTING ENGINEERS 48
WASHINGTON, DC
Engineering Statement Page 5
ENKA29-1,-Carrboro, North Carolina
MEASUREMENT PROCEDURE
Electromagnetic field strength measurements were made using a Narda,
model 8718,serial number 01155,radio-frequency electromagnetic field strength survey
meter. The model 8722B,serial number 13012, broadband electric field probe was used
for all electric field measurements. The frequency response of the mode18722B probe
is shaped to conform to the 1992 ANSI/IEEE exposure standard. Configured with this
conformal probe,the survey meter indicates exposure level as a percent of the MPE for
controlled environments.
Configured with the model 8722B conformal electric field probe, the survey
meter exhibits a sensitivity threshold of 0.15 percent of the MPE for controlled
environments. Because of the frequencies in use at the site and the distances from the
radiation sources being measured, the electric field component of radiation alone was
sufficient to define exposure, and a full course of magnetic field measurements was
deemed unnecessary. However,a model 8731, serial number 02030, isotropic probe was
used for spot magnetic field measurements. The electromagnetic monitor was
calibrated in August 1995.
Measurement data were recorded by the electromagnetic monitor for later
analysis. The monitor was programmed to sample the measured exposure level once
each second. Data were logged for 30-second sample periods and, at the end of each
sample period;the average exposure encountered over the course of the sample period
would have been calculated had the exposure levels been above the sensitivity threshold
of the instrument. Then, the calculated average and measured minimum and
maximum power density levels for each sample period would have been stored in the
DENNY & ASSOCIATES, P.C. 49
CONSULTING ENGINEERS
WASHINGTON, DC
Engineering Statement Page 6
KNKA293,,Carrboro, North Carolina
data logger memory for later analysis. The extremely low maximum exposure levels
present at the site made rigorous analysis of the measurement data unnecessary.
On the ground and inside the equipment shelter, the probe was scanned
slowly in a vertical plane over an approximate one-square-meter area to simulate the
surface of a human torso. At tight locations inside equipment racks containing cellular
transmitters,filters, and combiners, and near transmission lines, there was not enough.
space to make whole body measurements. These locations simply were probed to
ascertain the electromagnetic field strength present.
FINDINGS
The exposure level present at each survey location was below the sensitivity
threshold of the electromagnetic monitor. Measurements made inside the fenced area
were repeated outside the fence with similar results. Thus, exposure at the site inside
the tower fence and equipment shelter is less than 0.15 percent of the MPE for
controlled environments, the sensitivity threshold of the instrument for controlled
environments. At publicly accessible locations outside the fence,exposure was less the
0.75 percent of the MPE for uncontrolled environments, the sensitivity threshold of the
instrument for uncontrolled environments. Because of the extremely low
electromagnetic field strengths, it was not possible to distinguish cellular signals from
ambient electromagnetic noise. Inside the equipment rack that housed the cellular
transmittem exposure levels were found also to be below the sensitivity threshold of
the electromagnetic monitor.
DENNY & ASSOCIATES, P.C. 50
CONSULTING ENGINEERS
WASHINGTON, DC
Engineering Statement Page 7
KNKA293, Carrboro, North Carolina
There were 22 cellular transmitters installed at the site at the time of the
survey. Taking into account transmitter power output, transmission line loss, and
antenna gain, the effective radiated power of each transmitter is nominally 100 watts.
Assuming simultaneous operation of all transmitters, maximum effective radiated
power at the site is 2200 watts. Given the height above ground level of the transmitting
antennas and the directivity of the transmitting antennas in the vertical plane, the
estimated exposure level six feet above ground level at the tower base is less than
0.0003 mW/cm?, which is equivalent to 0.01 percent of the MPE for controlled
environments and 0.05 percent of the MPE for uncontrolled environments.
CONCLUSION
RFR exposure levels measured on the ground and inside the equipment
shelter at the KNKA293 site continue to be more than one hundred times less than the
protection guides set forth in ANSI C95.1.1982 and the applicable MPEs set forth in
C95.1-1992. It is extremely likely that a more sensitive electromagnetic monitor would
show the exposure levels to be thousands of times less than the maximums established
by the standards. Further, public access to the site is restricted: first, by a fence
enclosing the self-storage complex within which the cellular site located, and, second,
by a fence enclosing the tower base.
Absent any changes to the transmission system, routine measurement of
electromagnetic field strengths at the I04CA293 site serves no purpose other than to
prove well-established laws of physics by demonstrating that no change in the
transmission system results in no increase in the exposure levels present at the site.
Because exposure levels are a function of effective radiated power, antenna electrical
characteristics, and distance between the antenna and observer, it is quite reasonable
DENNY & ASSOCIATES, P.C.
CONSULTING ENGINEERS 51
WASHINGTON, DC
Engineering Statement - Page 8
IC`TKA293,.Carrboro,North Carolina
to assume that there will be no change in the ground level exposure as long as there is
no change in effective radiated power, antenna type, or antenna mounting height above
ground level. If future measurements at this site aro to be made to verify compliance
with the standards, such measurements should be required only if maximum effective
radiated power is increased,a transmitting antenna changed or added,or transmitting
antenna height is changed more than six feet. The addition or relocation of a receiving
antenna should not require a new field strength survey.
Robert W.Denny,Jr.,ME. ,
November 8, 1995
52
JUNE 1995
AMERICAN
PLANNING
ASSOCiA110N
Local Planning Issues in end of last year.That, in turn,has expanded the number of
Siting Cellular Towers cellular transmission sires to 17,920 last December from just
384 a decade earlier.
In response to both the increasing demand for mobile
By Michelle Gregory communication options and a very aggressive lobbying effort by
the industry,the FCC opened another portion of the airwaves for
In coming months,communities may lose the righc to regulate the industry use.On March 14, the agency completed the biggest
siting of cellular telephone cowers,just as that industry is emerging auction in U.S.history, luting three months and costing
as a major player in the larger telecommunications industry.The telecommunications carriers S7 billion.The airwave rights were
Cellular Telecommunications Industry Association (CTIA) filed a divided geographically into 99 licenses that went to commercial
petition with the Federal Communications Commission(FCC) mobile radio service(CMRS) carriers nationwide.The licenses
last December that asps for federal preemption of local zoning were awarded to the highest bidders among a combination of
powers over cellular cransmission-facilities.—This issue of Zoning older and newly formed companies.The FCC will auction more
News aims to acquaint local planners with the impacts,real and licenses later this year to accommodate private mobile radio
perceived,of cellular towers.Local siting regulations,staff reports, service(PMRS)carriers,which serve freight transporters,public
and telecommunications plans from 15 jurisdictions were reviewed safety entities,citizens band radio,and ham operators.The newly
to provide a summary of siting considerations. licensed carriers are already acquiring sites for towers and their
Planners should understand that some jurisdictions regulate accompanying equipment buildings.Where a market exists for
cellular towers specifically,while others have regulations that cellular communications,local government must be prepared co
apply to"communication towers"generally.Wherever possible, deal with siting issues.
we have tried to cull examples of regulatory techniques specificCamorr rd cellular The industry's growth
to cellular technology.These varying degrees of specificity also }lag has outpaced many local
exist in the regulations of many state communications and tower-a solution to governments'ability to
public utilities agencies.Planners should learn their state's g_ _ understand the impacts of
bureaucratic structure and its definition of communication a cellular towers and,
cowers before drafting local regulations. therefore,co properly sire
Representatives of the cellular industry were also consulted and regulate them.The
for this article.In contrast to the cone of the CTIA petition, situation is further
many expressed an eagerness to work with APA and local complicated when residents,
communities to educate planners and citizens coward the expressing alarm over the
development of safe,fair,and informed regulations. aesthetic and reported
health-related effects of
Cellular History cellular cowers,prompt
In 1974,the FCC expanded the radio spectrum available to the a:.�.._ hasty,reactionary
public in order to make-room for budding cellular telecommu- regulation.To avoid writing
.V • j
nications technology.Through the mid-1980s,the industry , ` '•`A bad law,some communities
worked to develop higher-quality uw=iission devices.Cellular have instituted siting
technology was first marketed-to consumers in the form of the moratoriums until they have
car phone.It presented local governments with the phenomena ample opportunity to
of cellular telephone antennas and the rowers on which they am research and formulate
mounted—cowers that had to be erected somewhere in the regulations thac are fair to
community. Unlike grouvA-wired telecommunications,cellular both the community and
technology made it posul&for a caller to travel while commu- the industry.
nicacing with someone at a conventional telephone or with Both trends have put
another mobile user.Cellular technology,explained in greater carriers on the offensive.
derail below,operates on a fixed number of channels that share Thwarted by local"learning
the same radio waves.As-a mobile user passes through"cells" curves"and"regulatory
that parcel the landscape into a transmitting grid,the caller's barriers"in their efforts to break into new markets,they have
connection is"parched"from one cell antenna to the next, sought powerful remedies.The CTIA petition argues that the
Twenty,years later,personal communication services(PCS) supremacy clause(section 332)of the 1934 Federal
have expanded to include hand-held portable phones and Communications Act authorizes preemption of state and local
paging systems,and they are everywhere.A survey in the regulation of cellular tower siting.APA,in a letter to the FCC,
January 1993 issue of Consumer Reports reported chat cellular expressed opposition to such preemption.In March,executive
technology added an average of 7,300 users per day in 1992, director Michael Barker cold the FCC that local communities
bringing the U.S. total to about 10 million.Those numbers and planners are in the best position to balance their concerns
have continued to grow,reaching more than 24 million by the with the needs of the cellular industry.The National
53
Association of Telecommunications Officers and and lattice,or self-support cowers,which have three or four
Administrators, the U.S.Conference of Mayors,the National sides of open-framed steel supports.Some cellular antennas can
League of Cities,and the National Association of Counties have occupy space on ocher types of communication towers when the
filed similar objections. engineering is feasible.This is known'as using a donor size to
troubleshoot a small gap or dead spot within the grid.A micro-
Hafnre of tbo T el6ao16" cell or repeater facility is installed on a preexisting tower to
Low-power mobile radio communication,also known as cellular ensure chat transmissions within that area tae clear.Antennas
communication,is accomplished by linking a wireless network tan also be placed on roofiops and ocher building features if the
of radio wave transmitting devices(portable phones,pagers,or building's height an accommodate their service arcs. In
car phones) co the conventional ground-wired communications addition,antennas have been mounted on silos,water tanks,
system(telephone lines) through a series of short-range, windmills,and smokestacks.As cellular use proliferates and the
contiguous cells that are part of an evolving cell grid. technology improves, the trend coward shorter towers and less
For example,a portable phone transmits a signal co the obtrusive mounting fixtures is likely to prevail.
nearest cellular antenna.The call is relayed from the antenna to Antennas are of three types:omnidirectional,directional,and
the nearesc land-based telephone line or microwave dish,and microwave. Omnidirectional antennas,also called whip
then to a central switching computer. From there,.the call is antennas,serve a 360-degree area.Directional antennas,also
sent to its destination,either a landrbased telephone via the known as panel antennas or rectangular antennas,are used to
land-based line or another mobile communiadon device via the achieve transmission or reception in a specific direction.
closest cellular antenna. Microwave antennas are used to link different types of
Calls can originate or be received from a wireless source telecommunications facilities,such as when a portable phone
bemuse antennas share a faced number of frequencies across the user calls a conventional telephone number.
cellular grid.In other words,while a caller may dial her destina-
tion number from within the radius of one cell antenna,she may Screening, Landscaping, and Setbacks
travel into the radius of another during the call.The call proceeds The most common objection to cellular cowers and antennas is
uninterrupted as the transmission is"patched"from one antenna their aesthetic impact.Residents,many of whom use the
co the next.While the caller is moving,the cellular antennas are technology,do noc want to see the towers cluttering their
automatically locating an unoccupied frequency on the next landscape or degrading property values.Planners and industry
antenna, thus enabling continued transmission. professionals have gone to great lengths to screen,conceal,and
When a caller cannot successfully place or maintain a call, set back cowers and their associated buildings.All the
either he is our of range or the nearest antenna is at full ordinances reviewed contain some sort of requirement for
capacity.Cellular tower technology differs from satellite, maintaining existing vegetation or installing landscaping for the
microwave,or land-based communications in that its based on purpose of screening the base of the tower and the storage
a network of short-range cell sites with a fixed capacity.If the building.Towers can also be camouflaged to blend with the
cells are not linked by cellular towers,microwave dishes,or surrounding environment through the use of color, materials,
ground-wired towers,transmission will fail.Similarly,if a cell is and design. For instance,Jefferson Parish,Louisiana,requires
crowded by coo many users,is must be"split"into two cells, that all cellular towers be disguised as trees:
each having its own radius:thus,only the cellular antennas of 1.The entire facility must be aesthetically and architecturally
separate carriers can share space on the same tower.It is compatible with its environment.The use of residentially
physically impossible for a single carrier to deliver service compatible materials such as wood.brick,or stucco is
successfully if its antennas are not dispersed. required for associated support buildings,which shall be
Most local regulations require that all technically available designed to architecturally match the exterior of residential
space on existing cowers within the jurisdiction be used before structures within the neighborhood.In no rase will metal
new towers are erected.In other words,cellular carriers must _ _ernriocs be allowed for accessory buildin .
lease space to ocher carrier:on their towers:the cellular indusay --2.The cower itself must be of such design and creaced avidLan
considers this leasing arrangement to be a less-than-ideal architectural material so that it is camouflaged to resemble a
solution.As the demand for cellular telecommunications woody tree with a single trunk and branches on its upper put.
increases,cells in a given area must be subdivided,or additional
carriers must be permitted to opetare there.The end result is the Setback distances can be guided by aesthetic and safety
need for more towem concerns.Most are expressed as a percentage of the tower
height.In ttrg-Pensacola,Florida,ordinance,the setback serves a
Towers mad Awlemeas primarily aesthetic purpose:
Towers may need.to nn¢in hertz from 50 to 200 feet so that (Tlhe distance between the base of the communications towers
antennas can overcome the challenges posed to communications and any residential zoning district or any historical or
by local topography.The requited height is usually proportional to architecturally significant building must equal 20 percent of the
a combination of the distance antennas can cover and the demand cower height.
within their radius:Higher cowers generally cover a larger
geographic area,but have a lower service demand,and are known Safety-oriented setbacks establish a dear zone for falling
as coverage sites.Shorter cowers.known as capacity sites,cover cower debris or the worst-case scenario,the cowers collapse.
smaller areas with a more concentrated demand.Tower height can Falling zones for towers vary with their design.At most,they
also vary according to engineering requirements for a specific site will collapse to a distance equal to their full height,but many
or the technical capabilities of the antennas being mounted. are designed to collapse first toward their base.The Oldham
In addition co dedicated.free-sanding cellular cowers County,Kentucky,setback provisions are designed with falling
(monopoles),there are guyed towers(anchored with guy wires) zones in mind-
2
54
Towers 100 feet or more in height shall be located on the lot so warts, the typical cell site emits 100 watts of power or less,
that the distance from the base of the cower to any adjoining sometimes as little as 10 in urban areas.
property line or supporting structure of another cower is a It should be noted that some ordinances,like Multnomah
minimum of 100 percent of the proposed cower height. No County's,include provisions that automatically apply more
variance shall be granted from this minimum setback stringent standards if chose are ever issued by the federal
requirement.Towers.less than 100 feet in height that cannot government. For more information about the relationship of
satisfy this 100 percent setback requirement may be approved P
by the board,provided that the applicant present a certification cellular communications to EMFs,planners may consult the
from a registered engineer chat the cower will withstand winds Electromagnetic Energy Association, 1255 23rd Sr.,NW.
of 100 miles per hour. Washington. DC 20037; 202-452-1070. EEA is a nonprofit
group representing corporations and individuals associated with
Some communities also determine setbacks by what are industries chat use non-ionizing EMFs.
considered acceptable levels of electromagnetic radiation.
Oldham Count/;Jefferson Count/,Colorado; Multnomah For M o r e Information
Count/, Oregon;and King County,Washington,all have
specific provisions related co the electromagnetic fields(EMFs) o n EMFs .
s
generated by the new cower.The Jefferson County ordinance
requires a complete non-ionizing electromagnetic radiation 1
(NIER) analysis with every cower application. o assist local governments in developing
regulations for siting cellular towers,the American
Elaetremagnotle Eirslds rQnal Standards Institute his published the
The health risks associated with EMFs have been the second ��Tndt o f the institute of Electrical and Electronics
greatest source of communiey opposition to the siting of cellular Engineers in IEEE Standard for Safety Levels with Respect
g to Human Exposure to Radio Frequency Electromagnetic
phone cowers for reasons related co both personal safety and the ,Fields,3g1'I to 300 GHz. 1992(ANSUIEEE C.95.1-1992
perceived impact on property values. EMFs are divided into two (Redesgnation as ANSUIEEE C95.1-19911).Another
basic categories.Ionizing radiation includes X-rays and gamma useful ANSI document is Recommended Practice for the
rays.Non-ionizing radiation,the category to which cellular Measurement of Potentially Hazardous Electromagnetic
communication devices,radio and TV broadcasting antennas, Fields—RF and Microwave(ANSVIFEE C95.3-1992)•
and sacellice stations belong,is considered less powerful because Order from American National Standards Institute,11
it does not strip the electrons from atoms and molecules to form W 42nd St•;New York,NY 10036;212-642-4900.Also
highly reactive panicles known as ions.Instead,it harnesses see the IEEE position statement,'Human Exposure to
energy gen-erated from the vibration of molecules to convey Radiofrequency Fields for Portable and Mobile Tele-
information or,in the case of microwave ovens or electric phones and Other GOnvou""adow Devices,1992."
t predates
blankets, to create heat. Though the advent of cellular communi-
cations,a good source for general information on the
Since 1979,scientists have conducted morq than 1,000 regulation of radio and television towers is PAS Report
studies,some of which have linked non-ionizing #384,Regulating Radio and TV Towers,by Beverly
electromagnetic field sources to higher incidences of cancer Bookin and Larry Epstein(Chicago:American Planning
among children living in close proximity to an EMF source. Association, 1984).For more information on EMFs in
However, these studies,often cited in opposition co the siting of enera1,consult PAS Report#43S,Electrorna netic
power lines and communication antennas,have also been found Ws and Land-Use Cabawls,by
inconclusive because they were unable to isolate their findings a Ma Connelly( 1ni
Co a single EMF source.This is because most homes ate
equipped with a variety of modern appliances chat generate o 3 3Q 2
varying EMF levels.No scientific study has shown a specific
correlation between cancer and the NIER levek Vrferakd Gy a
cellular communication faciUry or device.Likewise,no scientific `
research his proven them to be completely safe. >
The cellular radio system operates in the 800-900 megahertz
(MHz)ultra-high frequamy band,formerly used for UHF C"her Standard Previsions
television broadcasting,CArrendy there are no general federal Colocatiors.In order to minimize Cower proliferation,most
guidelines for what is considered acceptable public exposure to communities require applicants to exhaust all possible avenues
radio-frequcnry-emitted radiadon.The U.S.Environmental for sharing space on-existing Cowen,usually in a section of the
Protection Agency is developing such standards,but,in the ordinance on coloration or shared cue.Faxon that determine
meantime,many communities ate relying on the American feasibility include available space on existing towers,the cower
National Standards Institute for professionally acceptable radio owner's ability to lease space,the rowels structural capacity,
frequency emissions standards for all types of communication radio frequency interference,geographic service area
towers(see box on page 3). Many of the ordinances we reviewed requirements,mechanical or electrical incompatibilities.the
incorporate the ANSI standards into their review process and comparative costs of coloation and new construction,and any
approval requirements.Though coo detailed to list here.they FCC limitations on cower sharin&
present acceptable levels of NIER exposures from cowers Many ordinances name the regional or state communications
operating at various frequencies. division responsible for tracking the availability of suitable
Of all transmitting facilities,cellular towers typically operate sharing space on towers.Local regulations should be developed
at the lowest power levels.While a television cower emits up to in tandem with such agencies. In Palm Bea h y.Florida-t,
5 million warts,and commercial radio stations up to 100,000 tower applicants must send a certified mail announcement to all
3
55
other cower users in the area,stating cheir siting needs and/or Where the site abuts or has access to a collector and local street,
sharing capabilities in an effort to encourage tower sharing. access for maintenance vehicles shall be exclusively by mans of
Applicants cannot be denied or deny space on a tower unless the collector street.
mechanical,structural,or regulatory factors prevent them from Parking requirements generally do nor apply to cellular
sharing. In ocher words.competing carriers cannot lock each cowers. For chose communities that require parking,the
ocher our of territory:The ordinances for Jefferson Counry, provision applies to an overall"communication cower facility-
Oldham County,Multnomah County,and Palm Beach.County ordinance in which spaces are required only when the
offer derailed examples of sharing provisions and leasing terms. equipment building is staffed.
Structural Intrrity and Inspection.Most ordinances require Lighting and Security Lighting for communication cowers is
chat any new or modified cowers be certified by an engineer accord- required when the cower is tall enough to concern the Federal
ing to structural standards for antennas offered by either the Elec- Aviation Administration(FAA).Jefferson Parish acknowledges
ironic Industries Association or the Telecommunication Industry FAA regulations and the privacy of neighboring properry owners:
Association. Inspection schedules seem co vary widely according to When lighting is required and is permitted by the Federal
the type of cower;as in this provision from Jupiter,Florida: Aviation Administration or other federal or scare authority,is
Inspections—The town council may require periodic inspections shall be oriented inward so as not to proiect onto surrounding
of communication cowers to ensure structural ins wry•Such residential proper.
inspections may be required as follows:a)monopole cowers—at Others,in more urban areas,may require full review and
least once every 10 years;b)self-support towers—at least once certification of the tower application by their local airport
every five years;c)guyed towers—at least once every three yean. authority.This provision is from Palm Beach County-
Inspections shall be conducted by an engineer licensed by the
state of Florida.The results of such inspections shall be provided Prior to the site plan certification,the applicant shall provide
co the director of community development.Based upon results of documentation that the proposed communication tower has been
an inspection,the town council may require repair or removal of reviewed and is not determined to be a haurd by the FAA,..
a communication cower. (via)the Palm Beach County Department of Airports....The
PBCDOA shall review the non ssiu asation tower application co
Equipment Buildings and Lot Sint Cellular towers are often determine if is is a hward ca any FAA flight paths.
accompanied by a small,usually unscaffed storage building that
houses transmitting equipment.Some ordinances crear them as Some ordinances also require fencing or signage.Jupiter
accessory uses or structures,while others specifically sure that requires a six-foot safety fence with a locked gate. If high voltage
they are not. Most require some setback from adjoining is necessary,signs must be posted every 20 feet,saying,
property lines; the required setback is usually proportional to "Danger—High Voltage."The operator must also post"No
the area's density.Oldham County seeks to discourage more Trespassing"signs.
intense use of the site: Abandonment Most ordinances also restrict the time in
('I'jhese facilities may not include offices,long-term vehicle which an unused cower may stand to between six and 18
storage,other outdoor storage,or broadcast studios,except for months,with some requiring the tower applicant co cover the
emergency purposes.or other uses chat are not needed to send demolition costs.
or receive transmissions. Application A quirmsertts Perhaps the most telling section
of any ordinance is its application requirements.Although some
Lot sizes for cellular sites are usually the minimum for the communities do not list these separately,doing so lets the
district in which they will be built. applicant know exactly what must be provided and indicates
Maintenance and Parking A few ordinances include how much the community(snows about the impacts of cellular
standards for facility maintenance and parking.The phone cower siting.These requirements should be clearly stated
Multnomah County ordinance has the most extensive treatment and not impossible to fulfill.Jefferson County offers an
of maintenance im�aca: _ excellent explanation of what it iiigiur—a m any cower
Equipment at a transmission facility shall be anwm aced w the--- --applicant.and its provisions demonstrate serious research by the
greatest extent possible w reduce uaEFie and congestion.The planning department and other local agencies.R—cdc of this
applicant shall describe anticipated maintenance needs. ordinance and its aecompanying,_"Low Power_Mobile Ridio__
including frequency of5avilce.personnel needs,equipment ocaaonsTd Use Plan Addendum"is recommended
needs,and traffic.wim or safety impacts of such maintenance. fcr anyone dealing with cellulai'sidng iisiues. - -- -
Meeting the Challenge
Zoning MOW$is a monthly published by the American Planning Association. Any cellular carrier seeking co locate in a community is prepared
Subscriptions are available fix$45(U.s.)a"S%(foreign). to deal with siting controversies.Some corporations have even
Michael B.Barker.Executive Director:Frank S.So.Deputy Executive Director.
William R.Klein,Director of Romansch. gone so far as to pay for retaining a third-parry consultant to
Zoning Mery is produced at APA.Jim Scrub.Editor:Michael Barrette.Dan giver.Fay review anything they have helped draft.These firms target sites
Doinick.Michelle Gregory.Sanjay Jeer.Beat McGuire.Maya Morris.Chub smith for acquisition based on their topographic efficiency,their
Report..,;Cynthia ChcsW.Assistant Editor Lin Barton.Dings and Production. accessibility by road.the availability of electric power and land-
Copyright 01995 by American Planning Association.(313 L 60th St..Chicago.IL based telephone lines,their leasability,preexisting vegetation and
60637.The American Planning Association has headquarters o(Eces m 1-6
Massachusetts Ave..N.W..Washington,DC 20036- screening potential,existing zoning,compatibility with adjacent
All rights reserved.No part of this publication may be reproduced or utilised is any land uses,and their ability to transmit to the largest area.
form or by any means,electronic or mechanical,including photocopying.recording. If local governments show chat they an meet most of these
or by any information storage and retrieval system,without permission in writing needs while preserving their rnmmuniry's aesthetic integrity,
from the American Planning Association.
Printed on rtrnled paper.including 50-704b recycled fiber health,and safety, they should be able to avert federal
and 10%postconsumer waste. ® preemption of their local rights and responsibilities.
4
DRAFT PUBLIC HEARING MINUTES 5/28/96 56
6
1 west and Mill House Road to the east and is located at the north intersection of these two roads. The
2 28.46 acre tract is currently zoned NC-2. The applicant proposes to rezone approximately 4.8 acres of the
3 tract to RB (Rural Buffer).
4 Commissioner Gordon asked why they want the rezoning and Eddie Kirk said that the
5 applicant has indicated his intention to apply for a Class B Special Use Permit for a communications tower.
6 However, the staff has not received an application.
7
8 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
9 JERRY EATMAN spoke on behalf of the applicant. He stated that this application is
10 consistent in all respects with the code. Mr. Tapp has been approach by a company to buy this property for
11 a communication tower, though the project is not guaranteed.
12 NEAL TAPP said thatthis property is in the woods and this use would cause the property to
13 remain wooded and the tower would not be seen from the road.
14 EVE OLIVE, President of the Emerson Waldorf School, which is close to this area, said that if
15 there is going to be a telecommunications tower on this property, she is concerned about the health impact
16 on the children. She stated that there has been a lot of evidence concerning the high incidence of leukemia
17 in children living near power lines. She asked that this health impact be stated in the Zoning Ordinance and
18 that the regulations limit the proximity of radio towers to areas where there are large numbers of younger
19 children.
20
21 County Attorney Geoffrey Gledhill clarified that the County Commissioners have a
22 responsibility to look at all the possible uses in making their decision on a rezoning. The Board would be
23 endorsing these uses if they approve the rezoning request.
24 A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to
25 refer this item to the Planning Board for a recommendation to be returned to the Board of County
26 Commissioners no sooner than August 5, 1996.
27 VOTE: UNANIMOUS
28
29 (b) Z-3-96 Buckhom Road Economic Development District Expansion
30 (HEARD ABOVE WITH 2b)
31
32 4. Zoning Ordinance Text Amendments
33 (a) Telecommunication Towers
34 1) Article 4.3 Permitted Use Table
35 2) Article 8.8.17 Radio and Television Transmitting and Receiving Towers and
36 Elevated Water Storage Tanks(Class B Special Use)
37 3J.Article 8.8.17a Telecommunication Towers (Special Use Permit requirements)
38 4).Article 6.3.1 Principal Uses
39 _ 6) Article 6.18 Administrative Approval of Stealth Telecommunication Towers
40 (new)
41 Planter Mary Willis presented the information for this item. She summarized her response tc
42 the concerns heard at the November 27, 1995 public hearing. She outlined the changes in this proposal
43 which are listed in the agenda abstract.
44 In answer to a question from Commissioner Gordon, Mary Willis said that all the changes wit!
45 the exception of the notice to citizens are less stringent. She clarified some of the new language used in
46 the proposed changes.
47 In-answer to a question from Chair Carey about a study showing adverse health impacts fron
48 communication towers, Mary Willis said that everything she has read indicates that there is no identifiable
49 health risk associated with communication towers. She will provide documentation to the County
50 Commissioners.
51 County Attorney Geof Gledhill stated that he feels that the 1995 Cable Communications Act
52 takes the County Commissioners out of the business of making a decision based on safety issues
53 concerning communication towers. Congress made the decision that they were safe. He will provide
54 information to the Board on this issue.
DRAFT PUBLIC HEARING MINUTES 5/28/96 57
7
1 Karen Barrows asked about the minimum setback and Mary Willis said that the full setback of
2 100%will be required. However, if the adjacent property owner did not object to a lesser setback, that
3 could be approved. This provides for flexibility.
4 Renee Price noted that there have been studies about health impacts from communication
5 towers and that sho is also concerned about this issue.
6 S.A.M. Brooks asked about the setbacks for the adjoining property owners and noted that it
7 would be difficult to know the impact on adjoining property until after the tower is.built Mary Willis indicated
8 that they do have photographs which help in determining what impact towers of varying heights would have
9 on adjoining property.
10 In answer to a question from Margaret Brown, Mary Willis said that the 500 foot notice is from
11 the boundaries of the property on which the tower would be located.
12
13 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS
14
15 EVE OLIVE reiterated the views she expressed earlier about the health dangers of communication
16 towers and asked that this issue be addressed and considered for including in the regulations.
17 ALBERT BENSHOFF, Associate General Counsel for 360 Degrees Communications Company,
16 which used to be Sprint Cellular,made reference to several sections and made comments.
19
20 (1) 8.8.17a.1 requires"a listing of all towers within a one mile radius for towers which are 200
21 feet or taller." He noted that most search ranges for towers are 1/4 mile. He has no problems with
22 providing any reasonable information for other towers within their search range. However, any information
23 on towers outside of that search range is irrelevant for determining sharing of towers or minimizing the
24 number of towers. He suggested that the information be limited to information within the search range.
25 (2) 8.8.17a1(d) requires that "the applicant provide a laundry list of information on all
26 existing towers in the search range and assess whether the existing tower could be structurally
27 strengthened or whether the antennas'transmitters and related equipment could be protected from
28 electromagnetic interference, and generally describe the means and projected cost of shared use of the
29 existing tower." He said that they are prepared to provide that information. He suggests that they may want
30 it only if it is relevant. For example, 0 a tower owner refuses to lease space on an existing tower at a
31 commercially reasonable rate, it is really unnecessary for the County to receive that information. These are
32 fairly detailed and expensive engineer studies.
33 (3)6.3.1 of the Subdivision Ordinance- Principal Uses-to his knowledge, this is the only
34 County that interprets the General Statutes to require that leased property be subject to the Subdivision
35 Ordinance. Most cell sites are on leased property. He requested some relief from this interpretation.
36
37 With reference to residential setbacks, he understands that setbacks may be reduced to no
38 less than the tower height if easements for the remainder setback distance is granted by adjoining property
39 owners. An easement'is a property right which must be negotiated and purchased.
40
41' BARM JACOBS, Caretaker of Mooreflelds in Hillsborough, applauded the County for their
42 efforts in regulaftft a towers. The OWASA Board, of which he is Chair, have had an occasion to deal
43 with a request art an of their water tanks,which they approved. He has some concerns with removing the
44 requirements for"Unreasonable Interference with View". He suggested that the wording"significant
45 adverse impact be used instead of"Unreasonable". He suggested that under the"Special Use Permit
46 Findings" where reference is made to adverse impacts on contiguous property, that contiguous property_
47 may not be the only property that is adversely impacted. Therefore, this would not be a consideration
48 under a Special Use Permit. The idea that maintenance and enhancement of property values is
49 maintained is subjective.. He suggested that the County may want to actually use balloons to help
50 visualize how high the tower would be and what it may impact from that height. With reference to health
51 effects, they found that there are no proven health risk from communication towers.
52
DRAFT PUBLIC HERING MINUTES 5/28/96 58
8
1 A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to refer
2 this item to the Planning Board for a recommendation to be returned to the Board of County Commissioners
3 no sooner than August 5, 1996.
4 VOTE: UNANIMOUS
5
6 Commissioner Willhoit asked that the communication companies be requested to provide
7 information on the health impact of communication towers --what the standards are, energy level, and if
8 they are directional or focused and the power level compared to the standard.
9
10 Mr. Benshoff added that what the Communications Act of 1996 does is establish a safety
11 standard. It does not take the County out of the business of regulating it. It says that the American National
12 Standards Institute, the Institute that sets safety guidelines for everything from towers to bicycle helmets,
13 has established a safety standard where all this evidence we have been referring to indicates it is safe.
14 What the Telecommunications Act says is that the County must look at this standard and use that standard
15 and so long as the facility meets that standard, that it is the standard applicable for local governments.
16
17
18 ADJOURNMENT
19 A motion was made by Commissioner Willhoit, seconded by Chair Carey to adjourn this meeting to
20 June 26, 1996 at a meeting that begins at 7:30p.m. at OWASA in Carrbom. The items listed below will be
21 heard at that time.
22 VOTE: UNANIMOUS
23
24
25 (b) Article 6.16.6 Regulations Concerning Home Occupations
26
27 (c) Article 8.8.24 Special Uses- Use of Historic Structures
28
29 (d) Economic Development District Design Manual
30 (HEARD ABOVE WITH 2b)
31
32
33 5. Subdivision Regulations Text Amendments
34 (a) Section III-C4 action Subsequent to Approval (minor subdivisions)
35
36 (b) Section ill-D-3(c) action Subsequent to Approval (major subdivisions)
37
38 ADJOURNMENT:
39 A motion was made by Commissioner Willhoit, seconded by Chair Carey to adjourn this meeting to
40 June 26, 1996 to begin at 7:30 p.m. at OWASA in Canboro. The remaining items will be heard at that
41 time.
42 VOTE: UNANIMOM
43
44 Moses Carey, Jr., Chair
45
46 Beverly A. Blythe,-Clerk
47.
48
59
Brooks asked if the Planning Board could decide the use of lot 16 if no perc site is
found. Cameron responded a significant design change would require
reconsideration.
Price asked when phases III and IV would be submitted. Cameron responded that
Phase III will be the 23 acres that has already been submitted as a concept plan
which is about to expire. If it does expire,it will come in later under the new
provisions. Price continued expressing concern with the road system. Cameron
responded that on the concept plan there were two cul-de-sacs in Phase III. Once all
of the soils work is completed,densities may change and the roads may not be built
as shown on the concept plan. Price was concerned with the amount of traffic being
dumped onto Bacon Road. Cameron noted that due to the soils and stream buffers
there would not be as many as twenty lots.
MOTION: Barrows moved approval as recommended by the Planning Staff.
Seconded by Hoecke.
VOTE: Unanimous.
AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING 5/28/96
a. Zoning Ordinance Text Amendments
(1) Telecommunication Towers
Presentation by Mary Willis.
Concern with the increasing number of telecommunication towers has been raised
locally and nationwide by citizens,advisory boards and governing boards in recent
years. At the November 27, 1995 public hearing,the Orange County Board of
Commissioners and Planning Board received citizen comments on a proposed
amendment to Special Use Permit provisions relating to telecommunication towers.
The speakers at the public hearing included five industry representatives and one
Orange County resident.
On January 18, 1996,the Ordinance Review Committee,as well as another
interested Planning Board member and a member of the Board of Adjustment met.
with the telecommunication providers who spoke at the public hearing. The
purpose of the meeting was for the Committee to gain an understanding of issues and
technical concerns raised at the public hearing and to consider modifications to the
proposal which would address those issues while maintaining the purpose and intent
of the proposed amendment.
One of the major issues raised at the public hearing concerned the potential health
effects of electro-magnetic radiation. The telecommunications Act of 1996(Section
704(B)(iv)and the Federal Communications Commission New National Wireless
Tower Siting Policies (Section 1.1307(b))prohibit denial of a cellular telephone
facility on the basis of health effects if it meets applicable standards issued by the
American National Standards Institute(ANSI).
Studies conducted in 1994 and 1995 for a 360 tower located at 515 South
Greensboro Street,are on file in the Planning Department. Conclusions of the 1995
study state that"exposure levels measured on the ground and inside the equipment
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shelter.....continue to be more than one hundred times less than the protection guides
set forth in ANSI C95.1-1982.....It is extremely likely that a more sensitive
electromagnetic monitor would show the exposure levels to be thousands of times
less than the maximums established by the standards...."
Information from the American Planning Association regarding
electromagnetic fields associated with communication facilities is also on file in the
Planning Department. It states that no scientific study has shown a specific
correlation between cancer and cellular communication devices.Likewise,no study
has conclusively proven them to be safe. It has not been possible to obtain
conclusive evidence thus far because most homes are equipped with a variety of
appliances that generate electromagnetic fields,therefore it is difficult to isolate the
effect of any single source.
The amendment presented for public hearing in May 1996 did not include the
previously-proposed requirement that the"tower and antenna will not unreasonable
interfere with the view of or from any historic site,scenic road or major view
corridor". Staff had recommended that the provision be deleted due to the difficulty
in defining or interpreting"unreasonable interference". One citizen who spoke at
the public hearing suggested that instead of being eliminated,the wording be
changed to"significant adverse impact". This recommended change is incorporated
in the proposed text.
It was also suggested that balloons be used to help visualize the height of the tower
in order to determine its visual impact. The proposed application
requirements have been revised to include a provision that a balloon be floated at the
proposed tower location to the maximum height of the tower,and that photographs
be taken from areas such as property lines,and nearby residential areas and
roadways.
One representative from the telecommunication industry spoke at the public hearing.
He expressed opposition to providing detailed information regarding co-location
efforts for towers outside of the search range,as well as to information which may
not be relevant(such as detailed structural information where the tower owner has
refused to lease space on a commercially reasonable basis). Other concerns cited
included tower setbacks,and the application of subdivision requirements to tower
sites. (It has been determined that subdivision approval is not required for leased
tower sites.)
Additional comments concerning industry concerns are included in letters on file in
the Planning Department.
The Planning Staff has incorporated changes in the proposal as presented at the
May 28, 1996 public hearing in response to comments received through the public
hearing process.
1) Add 8.8.17.2(l)(Standards of Evaluation): 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.
2) Add 8.8.17a.1(h)(Additional Information): In addition to the information
required in subsections 8.2 and 8.8,the following shall be submitted as part of
the application...(h)Photographs shall be taken from locations such as property
lines,and/or nearby residential areas,historic sites,roadways,including scenic
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roads and major view corridors,and other locations as deemed necessary by the
Planning Staff to assess the visual impact of the proposed tower.
3) Revise 8.8.17al(d)to clarify that tower height is measured from ground level to
the highest part of the support structure.
4) Add 8.8.17a.2(n)to require that compliance with FCC emission standards be
demonstrated by including monitoring through periodic testing of equipment
and submittal of results to the Planning Department.
The Planning Staff recommends approval of the proposed amendment,including the
revisions identified. (The proposed amendment and revisions attachments to these
minutes on pages )
Willis introduced Jerry Eatman of North Carolina General Counsel for Sprint
Cellular and Gray Styers as regional counsel for BellSouth,indicating they would
answer questions from the Planning Board. Letters from these representatives are
attachments to these minutes on pages
Mr.Eatman expressed concern regarding information requirement on existing
structures. If the owner of an existing tower refused the request for co-locating,and
would not allow access to the tower,analysis could not be done to provide the
additional information required on the existing tower.
Jobsis asked how Staff would respond to such a concern. Willis responded that if
such was the reason for being unable to provide that information,then
documentation from the applicant would indicate a good faith effort on that part and
would be accepted.
Brooks asked if there could be another approach. Could the County require that
those who have towers on their property give permission for other users for the same
tower. Barrows noted that one of the proposals is that for new towers a letter be
presented stating that the tower will be shared. It was agreed that requirement could
be made of new towers,but not of existing towers.
Jobsis asked how it is determined when a tower is full up to capacity. Willis
responded that would depend upon what the structure would support and whether it
is feasible to do so. Mr.Eatman agreed and noted that the increased need will cause
users to want to make the maximum use of existing facilities/towers. He also noted
that new towers will be designed to make maximum use.
Brooks asked if it would be in the economic best interest of telecommunications
companies to"tap on"to an existing tower and improve it to today's standards.
Mr.Eatman responded that it is almost always to their benefit to locate on an
existing facility. Mr.Styers agreed noting that almost all mobile communicators in
North Carolina have agreements with each other to allow and encourage co-
location.
Barrows asked about Mr. Styers' concern in his letter regarding co-location on an
existing structure that was not in compliance and having to meet additional setback
requirements. Willis responded that the concern with this issue is increasing the
amount of non-conformity by further reducing the setbacks. If placing equipment on
an existing structure did not make it more non-conforming that would be another
issue. Mr.Styers noted that he felt some allowances should be allowed in such
instances and Willis agreed. Willis continued that wording to the effect that height
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would not be increased on existing non-conforming structures would address this
concern and Mr.Styers agreed.
Strayhom asked if a tower is removed whether another tower could be placed on the
site or must the entire process be followed again. Willis responded that the entire
application process would have to be followed to place a tower on'a site where one
has been removed. Strayhom asked what could occur in the fall zone around the
tower. Willis responded that the fall zone had been replaced with specific setback
requirements.
MOTION: Strayhom moved to approve the proposed amendment as recommended by the
Planning Staff. Seconded by Hoecke.
VOTE: Unanimous.
(2) Article 6.16.6 Regulations Concerning Home Occupations
Presentation by Mary Willis.
This item is to consider a proposed amendment to Zoning Ordinance provisions
relating to home occupations.
The existing home occupation regulations are contained in Article 6.16.6.1 through
6.16.6.4.
Concerns with home occupation provisions have been raised on several occasions in
recent years,particularly in relation to the type of activity allowed and the location
of accessory buildings. Proposed revisions were presented for public hearing in
1992 and 1995,but were not adopted due to the preference of the Board of
Commissioners to deal with the home occupation provisions as a whole,rather than
modifying particular standards.
The proposed amendment seeks to clarify the intent of home occupation regulations,
provide greater emphasis on performance standards,and simplify the text.
The proposed amendment was presented for public hearing on June 26, 1996. One
citizen spoke in opposition to the amendment. Concerns expressed included the
restrictions on size and appearance of accessory buildings,and the size limitations
for delivery trucks,particularly for home occupations which would be located on
very large parcels and would have no impacts on the surrounding properties.
The Planning Staff recommends approval of the proposed amendment(copy an
attachment to these minutes on pages )
Strayhom expressed concern with treating a small lot the same as a larger lot.
Strayhom continued that many farmers have a welding business located on their
farms and the supplies needed for such a business could not be delivered in/on a
pickup truck. Willis responded that one of the greatest issues regarding home
occupations has been the issue of traffic and the size of vehicles. That is the reason
for trying to address vehicle size in the proposed amendments. Traffic impact has
been one factor to help determine whether an occupation qualifies as a true home
occupation.
a .QA) - /9 �G - C3 3 9 ,�1 rg G
The Board approved proceeding with construction activities related to placing earth and rock
fill in the existing "borrow pit" area within the planned Eno Riverfront Park in the County's Hillsborough
campus area.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
E. ZONING ORDINANCE TEXT AMENDMENT -HOME OCCUPATIONS
A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to add
to the end of Section 6.16.6.2(c)(4) language which would indicate that the residential accessory structure
must have been in existence for at least thirty-sic months before September 3, 1996.
VOTE: AYES, 2; NOES, 3 (Chair Carey, Commissioner Halkiotis, Commissioner Willhoit)
A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to
approve the proposed amendment per the Planning Board recommendation, except for the proposed
revision to Article 6.16.6.2b(3). With respect to ;6.16.6.2b(3), the Administration recommends the following:
There shall be no use of a vehicle with a load capacity in excess of one ton in connection with
the home occupation, including vehicles used for delivery or pick-up. Vehicles with the permitted load
capacity generally include large pick-up trucks, and delivery trucks and vans such as those used by UPS, but
would not include vehicles such as tractor trailers or dump trucks.
VOTE: UNANIMOUS
G. ZONING ORDINANCE TEXT AMENDMENT -TELECOMMUNICATION TOWERS
The Board discussed the height of towers requiring administration approval. A motion was
made by Commissioner Crowther, seconded by Commissioner Gordon to lower the height of towers which
may be approved by the administration to 120 feet.
VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Halkiotis and Willhoit)
After ensued discussion, a motion was made by Commissioner Halkiotis, seconded by Chair
Carey to table this item for further consideration at a future meeting.
VOTE: UNANIMOUS
APPOINTMENTS
Industrial Development Review Board Authority
Commissioner Gordon asked about staggered terms to run concurrently with the Economic
Development Commission appointments.
Economic Development Director Ted Abernathy explained that the terms will end at the same time
the persons term ends on the EDC.
A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to appoint
the following individuals with the terms as indicated below:
Ed Siebert for a term ending 6/30/97
Bill Bracey for a term ending 6/30/98
R. Keith Coleman for a term ending 6/30198
Lilyn Hester for a term ending 6/30/97
Bev Webb for a term ending 6/30/98
Cathy Carroll for a term ending 6130/98
Stuart Wallace for a term ending 6/30/97
VOTE: UNANIMOUS
IX. ITEMS FOR DECISION - REGULAR AGENDA
A. SIBLING PINE ESTATE PRELIMINARY PLAN
Planner Eddie Kirk made this presentation. The property is located in Eno Township on the
east side of Pleasant Green Road. It is zoned Agricultural Residential and Lower Eno Protected Watershed.
The property is wooded with large residential lots to the north and south. The tract is 30.64 acres in size with
seven (7) new residential lots proposed that average 4.38 acres in size. Each lot will have an individual well
and septic system.