HomeMy WebLinkAboutAgenda - 01-23-2014 - 5b 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 23, 2014
Action Agenda
Item No. 5-b
SUBJECT: Unified Development Ordinance Text Amendment Related to
Telecommunication Facilities — Public Hearing Closure and Action (No
Additional Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael D. Harvey, Planner III, (919) 245-2597
Development Ordinance Amendment Craig Benedict, Director, (919) 245-2575
Outline Form (UDO/Zoning 2013-04)
2. UDO Amendment Package
3. Approved November 25, 2013 Quarterly
Public Hearing Legal Ad
4. Excerpt of Draft November 25, 2013
Quarterly Public Hearing Minutes
5. Excerpt of Approved December 4, 2013
Planning Board Minutes
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on a Planning Director initiated text amendment(s) to the Unified Development
Ordinance (UDO) incorporating recent changes in State law related to the review and permitting
of telecommunication facilities.
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the November 25, 2013
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public
or the applicant. While the BOCC may ask staff questions related to the review of a given item,
comments from the public shall not be solicited.
BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing
where staff indicated Session Law 2013-185, adopted on June 26, 2013, has modified how local
governments process new telecommunication tower applications, including:
• A prohibition on requiring information related to the specific need for a proposed
telecommunication facility, including the addition of additional wireless coverage or
capacity, as part of the application package.
While the County can still request this information we cannot require it nor can we find an
application is `deficient'when it is not submitted.
• Limits the fee local governments can collect for a third party consultant to review
applications for co-locations.
• Mandatory review timelines/deadlines for local governments to act on co-location
applications.
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• Establishing standards allowing for increases in overall tower height under certain
conditions as being `permitted by right'.
Agenda packet materials from the hearing can be accessed via the following link-
http://orangecountync.gov/occlerks/1 31125.pd . Please refer to Section C.1 (c) of Attachment 1 for
a synopsis of comments made during the hearing.
Planning Director's Recommendation: The Planning Director recommends approval of the
proposed UDO amendments based on the following-
i. The UDO amendments are necessary to ensure existing regulations are consistent with
recent changes in State law; and,
ii. The UDO amendments are consistent with the goals and policies of the adopted 2030
Comprehensive Plan.
Planning Board Recommendation: At its December 4, 2013 regular meeting, the Board voted
unanimously to recommend approval of the UDO text amendment consistent with the staff
recommendation. Agenda materials from the December 4, 2013 Planning Board meeting can
be viewed at: http://orangecountync.gov/planning/documents/DecPBPacket-Web.pdf.
Please refer to Section C.2 (a) in Attachment 1 for additional information. An excerpt from
minutes from the December 4, 2013 meeting are contained within Attachment 5.
Attachment 2 contains the ordinance approving the amendment and the proposed amendments
as well as footnotes documenting the rationale for the proposed modification.
Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not
presented at the public hearing must be submitted in writing prior to the Planning Board's
recommendation. Additional oral evidence may be considered by the Planning Board only if it is
for the purpose of presenting information also submitted in writing. The public hearing is held
open to a date certain for the purpose of the BOCC receiving the Planning Board's
recommendation and any submitted written comments.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Manager recommends the Board:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Approve the text amendment package contained in Attachment 2.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-04
UDO Text Amendment(s) incorporating recent changes in State law concerning the
regulation of telecommunication facilities
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map-
From-
To:
❑ Zoning Map-
From-
To
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s):
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s): 1. Section 2.7.14 Changes to Approved Plans, and
2. Section 5.10 Standards for Telecommunication Facilities
inclusive
of the UDO to incorporate recent changes to State law with the
processing of new applications and equipment change out requests
for telecommunication towers.
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
❑ Other:
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B. RATIONALE
1 Purpose/Mission
..............."I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""I'll""I'll",'ll""I'll""II...............
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013-185, related to the processing and review of applications for new
telecommunication facilities or equipment/antenna change outs.
The Session Law, adopted on June 26, 2013 modifies establishes new criteria related to
the processing of applications, including-
1. Local governments can no longer require information concerning the specific
need for the proposed wireless support structure, including if the proposal
seeks to add additional wireless coverage or capacity, as part of the
application package.
2. Local governments cannot require 'proprietary, confidential, or other business
information' to justify the need for a new telecommunication facility.
3. Limits the fee local governments can collect for a consultant to review
applications for co-locations (i.e. equipment change out) to $1,000.00.
4. Mandates review timelines/dead lines for a local government to act on co-
location applications. The Session Law establishes a 45 day time limit on
review so long as the application is complete.
5. The law establishes 'exemptions' for certain modifications to
telecommunication facilities from a zoning review process.
A copy of the Session Law was provided with the November 25, 2013 quarterly
public hearing package in Attachment 2. The agenda packet can be viewed utilizing
the following link- http://orangecountync.gov/occlerks/131125.pdf.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
The amendments are necessary to ensure Orange County's process is consistent with
recent changes in State Law.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
N/A
4. New Statutes and Rules
Session Law 2013-185 An Act to Facilitate the Deployment of Mobile Broadband and
other Enhanced Wireless Communication Services by Streamlining the Processes
Uses by State Agencies and Local Governments to Approve the Placement of
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Wireless Facilities in their Jurisdictions.
C. PROCESS
1. TIMEFRAMEMILESTONE&DEADILINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 — BOCC members approve the legal advertisement for the
November 25, 2013 Quarterly Public Hearing.
October 2, 2013 — Planning Board Ordinance Review Committee (ORC)
November 25, 2013 — Quarterly Public Hearing.
This item was reviewed at the November 25, 2013 quarterly public hearing
where there the following questions/comments were made:
1. A Board member asked staff to clarify permit thresholds for
telecommunication facilities.
STAFF COMMENT. Review and action of telecommunication facilities
is broken down as follows:
• Towers 75 feet and under — Permitted by right in every zoning
district and subject to administrative action (i.e. staff review)
with no public notice or comment required.
• Towers 76 to 199 feet — Permitted in every zoning district
subject to the review and approval of a Class B Special Use
Permit, acted upon by the Board of Adjustment.
The permit is reviewed at a previously advertised public
hearing with property owners within 1000 feet of the property,
where the facility is proposed to be located, notified of the
hearing via certified mail.
• Towers 200 feet and over — Permitted in every zoning district
subject to the review and approval of a Class A Special Use
Permit, acted upon by the Board of County Commissioners with
a recommendation by the Planning Board.
The permit is reviewed at a previously advertised public
hearing with property owners within 1000 feet of the property,
where the facility is proposed to be located, notified of the
hearing via certified mail.
2. A Board member asked staff to clarify what the concern was with
respect to proposed amendments to Section 2.7.14 (B) (11).
STAFF COMMENT. Session Law 2013-185 allows for an increase in
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the height of a tower by:
• No more than 10% of the existing height, or
• The height of 1 additional antenna, with separation from the
nearest existing antenna, not to exceed 20 feet.
The law indicates this 'increase' in height should be permitted as a
matter of right. For example: an existing tower, 160 feet in height, can
obtain approval for a 16 foot (10% of 160) increase in height without
review/action so long as applicable development standards are
adhered to.
A tower 199 feet in height seeking a 19 foot height increase, however,
exceeds established permitting thresholds as detailed herein. Staff is
attempting to ensure these 'thresholds' are recognized and appropriate
review occurs.
Staff had proposed language recognizing these thresholds in an effort
to ensure local permitting processes were adhered to.
The County Attorney's office has requested staff revise the proposed
language to clarify when Board review is required, specifically in those
instances where permit thresholds are exceeded and where the
proposed change alters the various facts relied upon with respect to
the original permit approval.
Agenda materials for the public hearing can be viewed
at- http://orangecountync.gov/occlerks/131125.13df.
January 23, 2014 - Receive Planning Board recommendation.
d. Other
3. PUBLIC INVOLVEMENT PROGRAM.
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
October 2, 2013 — Ordinance Review Committee (ORC).
This item was reviewed at the October 2, 2013 ORC meeting where there
were no comments on the proposal by Board members.
December 4, 2013 — Recommendation
The Planning Board reviewed this item at its December 4, 2013 regular
meeting where the following comments were made:
1. A Board member asked staff if they had any concerns with the
new language recommended by the Attorney's office.
Specifically if staff was concerned that the use of the term
`physical changes' would limit staff's review authority and allow
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7
for something to be done in violation of additional regulations.
Staff Comment- Any change to a telecommunication facility has
to demonstrate compliance with all applicable regulations. If the
proposed change is inconsistent with these standards, it would
not be allowed regardless of the permitting process (i.e.
administrative, Board review, etc.).
2. A Board member asked if there were sufficient standards to
address ancillary development on telecommunication facilities
such as generators, solar panels, or other similar devices.
Staff Comment- Staff believes there are sufficient safeguards
within the UDO to address these issues. Nothing can be added
to the telecommunication facility that is unnecessary for their
operation and would represent a potential safety hazard.
The Board voted unanimously to recommend approval of the proposed text
amendment with the modification in language as recommended by the
County Attorney's office on December 4, 2013.
Agenda materials from this meeting can be viewed utilizing the following
link- http://orangecountync.gov/planning/documents/DecPBPacket-
Web.Qdf.
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement were published in accordance with the provisions of the
UDO.
e. Outreach-
F-1 General Public-
...........
F-1 Small Area Plan Workgroup-
........................................................................................................................................................................................................................................................................................................................................................................................................
Z Other- Staff has asked the County's current telecommunication consultant,
the Center for Municipal Solutions, to review and comment on the
I amendments. This review is part of their existing contract with the
County and will not result in additional cost.
They have offered no comment on the proposed amendments.
4. FISCAL IMPACT
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Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
6
Ordinance #:
ORD-2014-002 Attachment 2 9
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, recent changes in State Law, specifically Session Law 2013-185 signed
into law on June 26, 2013, modified regulations governing the review and processing of
applications for telecommunication facilities, including co-location of new antenna on
existing facilities, and
WHEREAS, the County has determined existing language within the UDO needs to
be modified to ensure consistency with these changes, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2014.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2014 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
10
WITNESS my hand and the seal of said County, this day of
, 2014.
SEAL
Clerk to the Board of Commissioners
11
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations to incorporate
recent changes in State law with respect to the review and processing of applications for the
development of telecommunication facilities.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text:Denotes existing text that staff is proposing to delete
• Underlined Green Bold Text: Denotes new,proposed text,recommended by the
County Attorney's office.
• Blue Bold Text: Denotes language recommended by the County Attorney's office
on December 4, 2013. The Planning Board recommended approval of this
language.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp
Article 2: Procedures 12
Section 2.7: Special Use Permits
•.7.11 Conditions of Approval
(A) The Board of County Commissioners or the Board of Adjustment, as appropriate, • ay
impose such reasonable conditions upon approval of a Special Use as will afford
protection of the public health, safety and general welfare, ensure that substa► ial justice
is done, and equitable treatment provided.
(B) Conditions shall run with the land and use, and shall be binding on the or'•inal
applicant(s)as well as all successors, assigns and heirs.
(C) ,e Special Use Permit shall include a statement that if any conditi• of a Special Use
Pe it shall be held invalid or void, then the permit itself shall be •id and of no effect.
(D) It shal •e stated in the Special Use Permit that the Permit sha automatically expire
within 1 onths of the date of approval if the use has not c• menced or construction
has not co, menced or proceeded unless a timely applicati•n for extension of this time
limit is appro ed by the Board of County Commissioners :s provided in Section 2.7.13.
2.7.12 Notification of Board A. ion
(A) The Planning Directc shall send a notice of the r- evant Board's action on the application
by certified mail to the=pplicant. A copy of the decision shall be filed in the Planning
Department within five b.siness days of the r- evant Board's action.
(B) The Planning Director, in the •ase of alp, oval or approval with conditions, shall issue the
necessary permit in accord wit he B•-rd's action.
(C) The Planning Director, but not a d-=ignee, shall certify that the Special Use Permit with
any imposed conditions is as app ov_d by the Board of County Commissioners or Board
of Adjustment, as appropriate, 'ith a r .•ort provided to the County Manager.
(D) Once the Special Use Per, it has been cert 'ed, the applicant shall record the permit with
the Orange County Reg.-ter of Deeds in a for gat prepared by the Planning Director.
Failure to do so within '0 days from certification hall invalidate the Special Use Permit.
2.7.13 Time Limits and Extensi ns
(A) If a request is r-ceived before the Special Use permit a sires, the Board of County
Commission- s, for good cause shown, may extend the e •iration deadline six months
upon the f_ orable recommendation of the Planning Board.
(B) The ap,• !cation for an extension request shall be submitted a 'nimum of six months
prior . the expiration of the Special Use Permit.
(C) N. changes shall be made to the terms and/or conditions of approv. .
(D) •nly one approval of a time extension is permitted, and it shall be base) on evidence
presented by the applicant showing that permits have been pursued in a ely manner,
and that delays have resulted from factors beyond the control of the applic t.
) For developments which require approval of a Special Use Permit, the applica t may
request that the Special Use Permit be vested as a Site Plan for a period of not ss than
two nor more than five years. For vesting purposes, Site Plans and Preliminary P is
may also be approved as a Special Use Permit at the request of the applicant. See
Section 2.5 for information regarding site plans.
2.7.14 Changes to Approved Plans
(A) The Planning Director is authorized to approve minor changes in the approved plans of
Special Uses, as long as they are in harmony with action of the approving Board, but
shall not have the power to approve changes that constitute a modification of the
approval. A modification shall require approval of the Board having jurisdiction.
Orange County, North Carolina—Unified Development Ordinance Page 2-20
Article 2: Procedures 13
Section 2.7: Special Use Permits
(B) The following criteria shall constitute a modification:
(1) Any change in a condition imposed during the approval of a special use permit.
(2) Any change in use or enlargement of approved use.
(3) Any increase in intensity of use. An increase in intensity of use shall be
considered to be an increase in usable floor area and/or an increase in the
number of dwelling or lodging units.
(4) Structural alterations which significantly affects the basic size,form, style,
ornamentation, and/or character of the building as shown on the approved site
plan or described in the applicant's narrative.
(5) Substantial change in the amount and/or location of open space, recreation
facilities or landscape screening.
(6) Any increase in the size or number of approved signs.
(7) Any change in parking areas resulting in an increase or reduction of 5% or more
in the number of spaces approved.
(8) Substantial changes in pedestrian and/or vehicular access or circulation.
(9) Any change in a setback required by the provisions of this Ordinance or imposed
as a condition of approval.
(10) Any change in the location or extent of street and utility improvements or rights-
of-way, including water, sewer and storm drainage facilities,which would provide
a different level of service.
(11) For telecommunication facilities,a modification shall also include the following:1
(1-9)(a) An increase in the existing vertical height of the structure by more than:
(i) 10% in the height of the tower, or
(ii) The height of 1 additional antenna with separation from the
nearest existing antenna not to exceed 20 feet
(a3(13) A substantial change to the physical dimensions of the
wireless support structure which alters facts or conditions
relied upon by the County when granting the original permit.
It shall be the County's burden to demonstrate that such a
scenario constitutes a substantial change to the physical
dimensions of the wireless support structure.2 •
(c) The addition of an appurtenance to the body of the telecommunication
facility that protrudes horizontally from the edge of the wireless support
structure the greater of:
(i) More than 20 feet or
a:(ii) More than the width of the wireless support structure at the level
of the appurtenance.
Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable.3
1 Staff has added language from the Session Law into this Section of the UDO to further detail what constitutes a
`modification'to a telecommunication facility.
2 Language recommended by the County Attorney's office clarifying when a change in tower height constitutes a
`modification'requiring Board review submitted to staff on December 4,2013.
3 This additional language is taken directly from NCGS 153A-349.51 (7a)at the request of the County Attorney's
office.
Orange County,North Carolina—Unified Development Ordinance Page 2-21
Article 2: Procedures 14
Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments
Eii)(d) Increasing the square footage of the existing equipment compound by
more than 2,500 square feet.
{11)
(C) The Planning Director shall, before making a
determination as to whether a proposed action is Zoning Atlas and
a minor change or a modification, review the
record of the proceedings on the original UDO Amendments
application for approval of the Special Use. The
determination shall be based upon the request of Application
the applicant, the review of the record of the Submittal
approval of the original request and the Planning
Director's findings under the criteria of subsection
(B) above.
Staff Assessment
(D) The Planning Director shall, if it is determined that and Analysis
the proposed action is a minor change, state the
findings in writing to the applicant. The applicant
shall file an amended site plan, or written
statement, outlining in detail the minor change(s) Schedule/Advertise
proposed. The Planning Director shall file the Public Hearing and
amended site plan or written statement with the Mail Required
approved site plan. Notifications
(E) If it is determined that the proposed action is a
modification, the Planning Director shall require Hold Public Hearing
the applicant to submit a request for modification
of the approved special use permit. The following and Receive Public
procedures shall be adhered to in the case of a Comments
modification:
(1) The applicant shall provide an amended
site plan and written narrative outlining the Planning Board Review
specific changes requested. and Recommendation
(2) The Planning Director shall submit the
request to the Board that approved the
original application. Decision by the BOCC
(3) The Board shall set a public hearing to receive testimony concerning the
modification request. Any public hearing called pursuant to a modification of an
approved special use permit shall be held in conformity with the relevant public
notification requirements contained in this Article.
(4) The Board may approve, approve with conditions, or deny the application for a
modification.
(5) The Planning Director shall file the Board's action in the Planning Department as
an amendment request to the original application and shall notify the applicant of
the Board's action.
SECTION! 2M:. ZONING ATLAS AND UNIFIED DEVELOPMENT ORD".,
AMENDMENTS
2.8.1 Review and Approval Flow Chart
The review and a.• :•- process for a Zoning Atlas and Unified Developmen • e
Amen.••- is shown in the procedure's flowchart.
Orange County, North Carolina—Unified Development Ordinance Page 2-22
Article 5: Uses 15
Section 5.10: Standards for Telecommunication Facilities
Staff Note: We are including all of Section 5.10 e removed within 12 months from the dat- --
to provide the Board with the necessary se of the facility.
context of the proposed amendments. cture is removed the pr. -y,the owner shall obtain
This amendment, however, is only intended to ision Control per.. o re-stabilize the property. The
address incorporation of new language within pletion •- •e determined by the Orange County
State law. - •
Staff cannot make wholesale changes to non- rovide i • ial security in form and amount acceptable
relevant sections due to the nature of the ecure the expe = if dismantling and removing said
public hearing legal advertisement.
he facility, the Department shall c-- - a notice to be
e Orange County Registrar of Deeds o"i dicating
pecial Use Permit has been revoked.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan ("Plan")
(A) The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the February Quarterly Public
Hearing. Any applicant requesting modification of the Plan shall make application to the
Planning Director on or before December 1st of each year. The fee for modifying the
Plan shall be that as set forth in the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Orange County, North Carolina—Unified Development Ordinance Page 5-80
Article 5: Uses 16
Section 5.10: Standards for Telecommunication Facilities
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
(1) The meeting shall occur by the end of January of each calendar year.
(2) Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County.
(3) The County shall notify each party of the date,time, and place of the meeting no
later than 30 days prior to the meeting.
(4) Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
submittal of an application, it will prevent the applicant's ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year.
(D) Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1) Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
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Section 5.10: Standards for Telecommunication Facilities
(2) Notwithstanding the other provisions of Section 5.10, telecommunications towers
in existence as of December 10, 2002, may be replaced with a wireless support
structure of equal or less visual impact after approval by the Planning Director.
However, if the proposed new wireless support structure would not be consistent
with the minimum standards under Section 5.10, replacement must be approved
as provided for in this Ordinance.
5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or
Accessory Uses
(A) Wireless telecommunications support structures shall be permitted as a principal or
accessory use in accordance with the Table of Permitted Uses and as follows:
(1) On property owned by the County or any public entity, except those designated
as historic properties or sites, the County may, in its sole discretion as the owner
of the property, authorize the application and use of County property after the
applicant executes a lease agreement acceptable to the County.
(2) Wireless telecommunications facilities, as part of existing utility poles shall be
permitted as an accessory use. Wireless facilities shall be constructed as part of
the existing utility poles or as replacements for the existing utility poles. No
freestanding towers constructed exclusively for personal wireless services shall
be permitted within utility easements.
(3) The placement of new wireless telecommunications support structures shall be in
accordance with the Table of Permitted Uses, except as permitted in the Master
Telecommunications Plan ("Plan") or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication Facilities
(A) Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2) Any wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 200 feet in height located on property
that is owned or leased by Orange County; and
(4) Any wireless support structure less than 200 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County.
(5) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6) Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached consistent with Section 2.7.14 of the
Ordinance.4
4 NCGS 153A-349 now allows for modification of an existing,permitted,telecommunication facility under certain
set parameters. Staff has included a new definition of`Substantial Modification—Telecommunication Facility' in
Article 10 of the UDO to incorporate this allowance. Staff is including language within the proposal,specifically in
Section 2.7.14,requiring additional permitting if the height of the tower is increased beyond what was originally
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Section 5.10: Standards for Telecommunication Facilities
(b) The proposed additional facility will not increase the ground space
facilities.5 . - - - --- •-. - - - - - - = anci
fs)(b) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
fd-)(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
fe)(d) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of this Ordinance.
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(1) To minimize adverse visual impacts, stealth antenna types shall be preferred. If
a non-stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the Planning Director, why the
stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot be used
for the particular application. This does not preclude a combination of the
various types of antennas.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards for Stealth Rooftop or Building,Water Tower, or Transmission Line
Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure,water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
approved by the County(i.e.over 200 feet required a Class A Special Use Permit)or if additional State/Federal
regulations have to be adhered to,most notably a lighting requirement.
5 Staff deleted this section as new State regulations allows for an increase in existing equipment compounds
associated with the review/processing of a collocation application.
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Section 5.10: Standards for Telecommunication Facilities
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
line;
(6) If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
(7) If the equipment building is located on the roof of the building,the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
(8) Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C) Standards for Non-Stealth Rooftop or Building,Water Tank or Transmission Line
Mounted Antennas
In addition to the standards established in Sub-Section (A) above, the following are
applicable to all Non-Stealth Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure,water tank, or transmission line;
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b) The utility poles shall be located on public property,within public
easements, or public rights-of-way.
(c) The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina,and competent to evaluate
antenna choices.
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Section 5.10: Standards for Telecommunication Facilities
(d) The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
(e) Placement of an antenna on a utility pole shall only be on poles owned or
operated by a public utility authorized to operate in the County, a County
franchisee, or Orange County.
(f) All relocation costs associated with any relocation of the antenna
necessitated by roadway or sidewalk improvements shall be borne by
the telecommunications provider.
5.10.8 Wireless Telecommunications Support Structures—Submittal and Review Requirements
(A) General Submittal Requirements for all Telecommunication Support Structures
(1) Submittal Requirements
(a) A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required.
(b) A detailed description of the proposed telecommunication support
structure(i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s)for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage for the proposed
telecommunication support structure.
(c) Elevation drawings and color renderings of the proposed tower showing:
(i) The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii) All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii) The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv) If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d) A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i) Shall be maintained in a safe manner,
(ii) Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii) Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations.
(e) A statement, prepared by a professional engineer licensed in the State of
North Carolina,which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
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Section 5.10: Standards for Telecommunication Facilities
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(f) A statement stating how the proposed tower will minimize visual
intrusiveness to surrounding properties in the area. Criteria that may be
used for such evidence may be height and type of existing trees
surrounding the proposed tower, and local topography.
(g) A copy of the installed foundation design including a geotechnical sub-
surface soils investigation, evaluation report, and foundation
recommendation for the proposed wireless support structure.
(h) The existing cell sites(latitude, longitude, power levels)to which this
proposed site will be a handoff candidate.
(i) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites. This will include all of the
modeling information used to produce the study including, but not limited
to, any assumptions made about ambient tree height.
(j) The search ring utilized in finding the proposed site.
(k) The number, type, height, and model of the proposed antennas along
with a copy of the applicable specification sheet(s).
(I) The make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site. This will include
documentation establishing the azimuth, size, and centerline height
location of all proposed and existing antennas on the structure.
(m) The frequency, modulation and class of service of radio or other
transmitting equipment.
(n) The maximum transmission power capability of all radios, as designed, if
the applicant is a cellular or functional equivalent carrier, or the maximum
transmission power capability, as designed, of all transmission facilities if
the applicant is not a cellular or functional equivalent carrier.
(o) The actual intended transmission and the maximum effective radiated
power of the antenna(s).
(p) The direction(s)of maximum lobes and associated radiation of the
antenna(s).
(q) Certification that the NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(r) Certification that the proposed antenna(s)will not cause interference with
other telecommunications devices.
(s) A written affidavit stating why"the proposed site is necessary for their
communications service" (e.g., for coverage, capacity, hole-filling, etc.)
and a statement that there are no existing alternative sites within the
provided search ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
(t) A copy of the FCC license applicable for the intended use of the facility
as well as a copy of the 5 and 10 year building out plan required by the
FCC.
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Section 5.10: Standards for Telecommunication Facilities
Some or all of items listed in (h)through (r) may be required to be provided on a
propagation study data form to be provided by the County.
(2) Additional Submittal Requirements—Co-locafionCollocation6 of Antennas
In addition to the requirements denoted herein, applications for the se-
losationcollocation of antennas on existing structures shall be required to submit
the following:
(a) The age of the existing tower in years, including the date of the grant of
the original permit or authorization for the existing tower;
(b) For a wireless support structure that is five years old or older, or for a
guyed structure that is three years old or older, a copy of the latest ANSI
Report done pursuant to the latest edition of ANSI-EIA/TIA 222F—Annex
E for any self-supporting tower. If an ANSI report has not been done
pursuant to the preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be issued
for any wireless support structure where the structure being attached to
is in need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work needed has
been completed or a schedule for the remediation work.
(c) A Structural Report signed by a Professional Engineer licensed to do
•
business in the State and bearing that engineer's currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including any equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
(d) If attaching to a structure other than a tower or where the proposed
attachment is within 30 feet of areas to which the public has or could
reasonably have or gain access to, documentation shall be provided,
including all calculations, proving that the potential exposure to RF
radiation (i.e. Non-Ion Emitting Radiation), will be comply with the most
recent FCC regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF radiation in
excess of the FCC's permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC's
permitted standards. Compliance with the FCC's regulations, in such an
instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
(e) If the modification or antenna array Collocation collocation'is 30 feet or
more above ground level, then a signed document such as the FCC's
"Checklist to Determine whether a Wireless support structure may be
Categorically Excluded"shall be provided to verify that the modification
or antenna array co locationcollocation will fully comply with the current
FCC's RF emissions regulations. If not categorically excluded, a
complete RF emissions study is required to enable compliance
verification, including providing all calculations so that such may be
verified prior to issuance of a Building Permit;
If any section or portion of the structure to be attached to is not in
compliance with the FCC's regulations regarding RF radiation, that
6 Correction of spelling to ensure consistency within the UDO.
Correction of a grammatical error. There is no need for the word to be capitalized.
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Article 5: Uses 23
Section 5.10: Standards for Telecommunication Facilities
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC's regulations,
and be marked off with yellow and black striped warning tape or a
suitable warning barrier, as well as placing RF radiation signs as needed
and appropriate to warn individuals of the potential danger;
(f) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
(3) Standards of Evaluation—Co locationsCollocations and Towers Requiring
Administrative Approval
(a) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be
located atop the tower structure.
(c) Telecommunications towers shall conform with all of the requirements of
this Ordinance.
(d) All towers shall be engineered to allow for co location,collocations. No
co-locator shall be refused access for co locationcollocation by charging
exorbitant lease fees. Public safety provider se-lecationscollocations
shall take priority over other co-locators.
(e) A telecommunications consultant shall provide Planning Staff assistance
on exorbitant rate leases.
(f) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(g) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant's search ring.
(h) Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation
is located appropriately on the facility with the overall goal being to
preserve the carrying capacity of the facility for future collocations and to
minimize the visual intrusiveness and impact, including the profile of the
facility.
(i) In determining the necessary height for a facility, or the height of a
collocation on a facility,the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer's published specifications for the customer equipment.
(j) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(I) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
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Section 5.10: Standards for Telecommunication Facilities
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements—Special Use Permits
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the co locationcollocation of wireless
telecommunications equipment and mitigating the visual effect of a
wireless telecommunication support structure to an extent not
commercially impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test
(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10'3"
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates(including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date),times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
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(f) The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates,times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7,the following
shall be submitted as part of the application:
(a) A site plan showing the following:
(i) The entire site (including property boundary lines)and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
(v) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material, along with the make, model, and
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan drawn at the same scale as
the site plan, showing the existing and proposed trees, shrubs, ground
cover and other landscape materials. This plan shall minimize adverse
visual effects of wireless telecommunications support structures and
antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
(i) A listing of all wireless telecommunications support structures
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility
that are technically feasible for utilization by the applicant to fill
all or a substantial portion of the telecommunications service
need identified by the Applicant pursuant to section
5.10.8(A)(1)(s). Documents shall be submitted at the time of
application filing that indicates the applicant's ability or inability to
co-locate on the identified tower(s) and reasons why.
(ii) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a. Wireless telecommunication support structure height;
b. Existing and planned wireless support structure users;
c. Whether the existing wireless telecommunication
support structure could accommodate the
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Section 5.10:Standards for Telecommunication Facilities
telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d. If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
e. Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f. Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g. Any additional information requested by the County.
(iii) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
(e) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 12
months.
(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Sections 2.7.5 and 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(I) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(i) A notarized statement that the sign posting requirement has been met.
(k) Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like. Photographs shall be
taken from locations such as: property lines, and/or nearby residential
areas, historic sites, roadways, including scenic roads and major view
corridors, and other locations as deemed necessary by the Planning
Staff to assess the visual impact of the proposed tower.
(I) The Special Use Permit application shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
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(m) An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum,the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
(n) If required, a Visual Impact Assessment,which shall include:
(i) A"Zone of Visibility Map" shall be provided in order to determine
locations from which the tower may be seen.
(ii) Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing "before and after"views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii) An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
(o) All applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
(p) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(4) Standards of Evaluation
(a) The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
(i) The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
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Section 5.10: Standards for Telecommunication Facilities
(b) Location of Wireless Support Structures
(i) Applicants for facilities shall locate, site and erect said facilities
according to the following priorities, in the following order:
a. On existing County-owned facilities without increasing
the height of the tower or structure.
b. On existing Facilities without increasing the height of the
tower or structure.
c. On County-owned properties or facilities.
d. On properties in areas zoned for commercial or industrial
use.
e. On properties in areas zoned Agricultural Residential
(AR).
f. On properties in areas zoned for residential use.
(ii) If an Applicant proposes to place telecommunications equipment
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report demonstrating the Applicant's review of the
above locations in order of priority and the reason(s)for the site
selection. The explanation shall, at a minimum, include the
information required by section 5.10.8(B)(3)(e).
(iii) The application shall not be approved unless it demonstrates
that the telecommunications equipment may not be sited at a
higher priority site because of commercial impracticability or
because no higher priority site is available that would serve to
provide the telecommunications service need identified by the
Applicant as provided for in section 5.10.8(A)(1)(s).
(iv) An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting se-
tesatiencollocation shall not be a valid basis for any claim of
commercial impracticability.
(v) Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, an application
shall not be approved if it conflicts with the provisions and
requirements of this Ordinance.
(vi) Wireless support structures shall not be located within one-half
(Y) mile of any existing monopole, lattice or guyed wireless
telecommunications support structure.
a. An exception may be allowed when the applicant can
sufficiently demonstrate that:
Appropriate space on the existing
telecommunication wireless support structure is
not available; or
ii. The applicant has made good faith effort to
negotiate an agreement with the owner of the
existing wireless telecommunication support
structure and has been unsuccessful,which
must be documented in writing; or
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Article 5: Uses 29
Section 5.10: Standards for Telecommunication Facilities
iii. The telecommunication equipment on the
existing wireless telecommunication support
structure is not compatible with the proposed
telecommunication equipment of the applicant;
or
iv. Adequate coverage by the applicant cannot be
met at the location of the existing wireless
telecommunication support structure; or
v. The existing wireless telecommunication support
structure cannot be reasonably modified to
accommodate additional co locationcollocation
by the applicant.
b. Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County's consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved. There must be an
80% approval vote of the deciding board for this specific
finding to pass the exception criteria.
(c) Setbacks
(i) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110% of the wireless support
structure height.
(ii) If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
the subject property.
(iii) Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20%of the tower height, or the minimum required setback.
(iv) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d) Access
(i) At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
assure adequate emergency and service access.
(ii) Maximum use of existing roads,whether public or private, shall
be made to the extent practicable.
(iii) Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv) Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i) A Type C Landscape Buffer shall be provided between the
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Section 5.10: Standards for Telecommunication Facilities
wireless support structures and its accessory structures and
adjoining property/properties.
(ii) Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii) Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv) New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
(v) Proposed plantings (name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi) Landscaping shall provide a screen on a year-round basis.
(f) The visibility of the balloon to adjacent properties and the surrounding
area shall not constitute sole justification of denial of a permit application,
but is an indication of what location on the site may be less visually
intrusive.
(g) The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
(h) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i) All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
(j) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k) Fences and Walls
(i) An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii) Fences shall be required around guy wire tie downs
(iii) A fence or wall may be placed around the perimeter of the facility
to include guy wire tie downs and associated equipment should
the applicant/owner wish to do so.
(I) The communications tower is structurally designed to support additional
users as provided for in Section 5.10.8(A)(3)(d), and the Special Use
Permit includes a statement that the owner of the wireless support
structure is willing to permit other user(s)to attach communication
• equipment which do not interfere with the primary purpose of the
wireless support structure, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
(m) To minimize the number of antenna arrays and thus the visual impact,
the County may require the use of dual mode antennas to be used,
including by two different carriers, unless it can be proven that such will
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Article 5: Uses 31
Section 5.10: Standards for Telecommunication Facilities
not work technologically and that such would have the effect of
prohibiting the provision of service in the County.
(n) Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o) Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may be required by the County.
(p) Antennas
(i) All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii) If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA's
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations.A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
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Article 5: Uses 32
Section 5.10: Standards for Telecommunication Facilities •
telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
(t) All abandoned communication wireless support structures shall be
removed within 12 months of the cessation of use. A bond or other
security guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted. A cost
estimate shall be provided by a qualified General Contractor licensed in
the State of North Carolina. The amount of the security shall be 110% of
the estimate.
(u) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(v) Electro-Magnetic Radiation Levels
(i) The Special Use Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements
of the FCC, regarding emission of electromagnetic radiation.
(ii) Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in
the future, the tower owner shall provide documentation of
emission levels in relation to FCC standards.
(iii) In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv) Orange County may make such requests at any time, not to
exceed two times per year.
(w) "High Voltage", "No Trespassing"and Other Signs
(i) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE-DANGER"warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii) "NO TRESPASSING"warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii) The letters for the"HIGH VOLTAGE- DANGER"and"NO
TRESPASSING"warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv) The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required) shall
be attached to the tower structure in compliance with federal
regulation.
(v) Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
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Article 5: Uses 33
Section 5.10: Standards for Telecommunication Facilities
(vi) A sign no larger than four square feet containing the name(s) of
the owner(s) and operator(s)of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii) On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii) The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
(ix) Mobile or immobile equipment not used in direct support of a
tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being
made.
(5) Bond Security
(a) The applicant and the owner of record of any proposed facility property
site shall, at its cost and expense, be jointly required to execute and file
with the County a bond, or other form of security acceptable to the
County as to type of security and the form and manner of execution, in
an amount of at least $75,000.00 for a tower and with such sureties as
are deemed sufficient by the County to assure the faithful performance of
the terms and conditions of this Section and conditions of any Special
Use Permit issued pursuant to this Section.
(b) The full amount of the bond or security shall remain in full force and
effect throughout the term of the Special Use Permit and/or until any
necessary site restoration is completed to restore the site to a condition
comparable to that,which existed prior to the issuance of the original
Special Use Permit.Tower Inspection
(6) Liability Insurance
(a) A holder of a Special Use Permit for a wireless support structure shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the Special Use Permit in the following amounts:
(I) Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii) Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii) A$3,000,000 Umbrella coverage; and
(iv) Workers Compensation and Disability: Statutory amounts.
(b) For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best's rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
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Article 5: Uses 34
Section 5.10: Standards for Telecommunication Facilities
(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e) Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit shall deliver to the County a copy of each of the
policies or certificates representing the insurance in the required
amounts. A Certificate of Insurance that states that it is for informational
purposes only and does not confer rights upon the County shall not be
deemed to comply with this Section.
(C) General Building and Inspection Standards for all Telecommunication Support
Structures
(1) Tower Inspection
(a) Telecommunication tower owners shall submit a report to the County
Inspections Division certifying structural and electrical integrity upon
completion of the initial construction and at intervals as specified in this
Section.
(b) Inspection records shall be kept by the tower owner and made available
upon request to the Inspections Division during regular business hours.
(c) The following inspection schedule shall be followed, except in cases
where a tower has no structures other than those associated with
telecommunication tower use located within the tower's fall zone.
(i) At least once every 36 months, or 36 months from the date of a
co-lesationcollocation approval, a structural engineer who is
regularly involved in the maintenance, inspection and/or erection
of telecommunications towers shall inspect the tower and submit
a report to the Inspections Division within a reasonable time
thereafter. At a minimum, this inspection shall be conducted in
accordance with the provisions of this Ordinance and in
accordance with the tower inspections check list provided in the
EIA-222 (as amended from time to time). This is considered a
major inspection review.
(ii) At least once every 12 months, a visual inspection from the
ground shall be conducted by a properly trained staff member of
a tower provider or tower consultant and a report shall be filed
with the Inspections Division within a reasonable time thereafter.
This inspection shall include, but shall not be limited to, visual
inspection of tower foundations, structures, guys, and
connections for evidence of settlement or later movement; soil
erosion; condition of paint or galvanizing; rust or corrosion, loose
or missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy sags
(i.e.tensions), and other material areas or matters relating to the
structural integrity of the tower. This is considered a minor
inspection review.
(iii) In addition to the regularly scheduled major and minor
inspections set forth herein, a minor inspection, at a minimum,
will be conducted if the tower or its appurtenances are noted at
any time to be visibly damaged. Additionally, a major inspection
shall be conducted if the visible damage to the tower is
significant or when, after conducting a minor inspection,
significant questions remain about the structural integrity of the
tower.
Orange County,North Carolina-Unified Development Ordinance Page 5-99
Article 5: Uses 35
Section 5.10: Standards for Telecommunication Facilities
•
(d) The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity. The owner of
the telecommunication tower may be required by the County to have
more frequent inspections should there be reason to believe that the •
electrical integrity of the tower is jeopardized. The County reserves the
right to require additional inspections if there is evidence that the tower
has a safety problem or is exposed to extraordinary conditions.
(e) Any tower found,through inspection by the owner or by inspection of the
Inspections Division, to be structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the owner's expense.
(f) Current or former EIA standards shall apply to the addition of antennas
or other appurtenances to communications towers under the following
conditions:
(i) Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for
in the original design, shall comply with the current EIA
standards, and the wind loading specified therein.Additions to
towers constructed subsequent to the effective date of this
Ordinance shall comply with standards set forth elsewhere in this
Section.
(ii) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
(iii) Replacement of antennas or other appurtenances shall at a
minimum comply with the EIA standard in existence at the time
the tower was erected if the replacement does not add to the
original design loading.
(iv) If a structural analysis shows a tower is not in compliance with
the appropriate EIA standards,the owner shall submit an
application to the Inspections Division with a plan to bring the
tower into compliance within six months.
(v) Analysis of Existing Towers
a. Within 12 months of the effective date of this Ordinance
an analysis commissioned by tower owners and
prepared by a North Carolina Licensed Professional
Engineer(P.E. Analysis)shall be performed on all
towers in excess of 100 feet in height and shall be
submitted to the Inspections Division.
b. The analysis shall determine the tower's compliance or
lack thereof with the EIA standard in effect at the time
the tower was constructed and when the most recent
structural loading change was made.
c. For all towers less than six years old, a current existing
P.E. analysis of the tower may be submitted in lieu of the
new P. E. analysis required above.
d. If the tower does not meet the aforementioned EIA
standards, the letter or existing P.E. analysis shall
include the types of modifications that would be required
to bring the tower up to standard.
e. All existing towers shall be subject to the annual
electrical inspection conducted by the Inspections
Division including any associated inspection fees.
Orange County,North Carolina—Unified Development Ordinance Page 5-100
Article 5: Uses 36
Section 5.10: Standards for Telecommunication Facilities •
f. The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
(D) Fees
(1) A filing fee as set by the Board of County Commissioners shall be paid upon
application for a Site Plan/Zoning Compliance Permit Application, a Building
Permit application, or Special Use Permit.
(2) An inspection fee is due the County at the time of all required future inspections
as detailed within Section 5.10.8(C)(1)(c) of this Ordinance. Such fees may
reflect the County's fully allocated costs, and shall not exceed such costs.
(3) Public land or right-of-way lease agreements shall be established by separate
instrument and recorded prior to the issuance of Building Permits.
(4) Consultant Fee. Regardless of the type of telecommunication support structure
proposed (i.e. administrative a pp roval special use permit,
co-lesa#aeac o l l o c a t i o n
,
etc.) an applicant is required to submit a fee to cover the County's
telecommunications consultant to review the application. An escrow account of
an amount determined by the Board of County Commissioners, as denoted on
the adopted fee schedule, shall be paid by check to Orange County to pay
associated consultant review fees during all phases of the application review
process. The Board of County Commissioners shall determine the amount of
charges or fees assessed to an applicant on account of an outside consultant in
advance and incorporate these charges and fees into an application fee that is
based on the reasonable costs of the services the County incurs in connection
with the application review. The fees and charges paid by the applicant for the
services of a consultant shall not exceed what is usual and customary for
wireless facilities and support structures. The foregoing does not prohibit the
County from imposing additional reasonable cost-based fees for the actual costs
incurred by the County for a consultant's review of an application due to
amendments or revisions to the original application. The amount of the
consultant charges incorporated into the application fee shall be separately
identified and disclosed to the applicant upon request. A partial e;
of$1,000 shall be submitted at the pre application meeting to cove•-e• - - --- -- -- e - e - ' - -e••••- - -• -- -- ion. The•- - - - -- ---• --- - - -- e- - - - - -- - - - reduced by
the$1,000 partial payment amount.-$Any unused funds in the account after
either the approval of the Certificate of Occupancy (CO), or the expiration of the
Special Use Permit approval, whichever is sooner, shall be returned to the
designated party.
5.10.9 Removal of Wireless Support Structures and Facilities
(A) The owner of any facility shall be required to provide a minimum of 30 days written notice
to the County Clerk prior to abandoning any facility.
(B) County Determination
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
s Staff is deleting references to the payment of fees. The breakdown of fees required for the review of a project is
best handled on the adopted fee schedule and not within the actual Ordinance. We need to rely on the adopted fee
schedule to identify all required fees and not continue to have references to specific dollar amounts within the
Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 5-101
Article 5: Uses 37
Section 5.11: Standards for Waste Management Facilities
(1) Facilities that have been abandoned (i.e. not used as facilities)for a period
exceeding 90 consecutive days or a total of 180 days in any 365 day period,
except for periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days of abandonment;
(2) Permitted facilities fall into such a state of disrepair that it creates a health or
safety hazard;
(3) Facilities have been located, constructed, or modified without first obtaining, or in
a manner not authorized by, the required Special Use Permit, or any other
necessary authorization and the Special Use Permit may be revoked.
(C) If the County makes such a determination as noted above, then the County shall notify
the holder of the Special Use Permit for the facility within 48 hours that said facility shall
be removed.
(D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and
remove such facility, and all associated structures, from the site and restore the site to as
close to its original condition as is possible, such restoration being limited only by
physical or commercial impracticability,within 90 days of receipt of written notice from the
County. However, if the owner of the property upon which the facility are located wishes
to retain any access to the facility, the owner may do so with the approval of the County.
(E) If a facility is not removed or substantial progress has not been made to remove the
facilities within 90 days after the permit holder has received notice, then the County may
order officials or representatives of the County to remove the facility at the sole expense
of the owner or Special Use Permit holder.
(F) If the County removes, or causes to be removed a facility, and the facility owner does not
claim and remove it from the site to a lawful location within ten days, then the County
may take steps to declare the facility abandoned, and sell them and their components.
(G) Temporary Use Permit/Agreement
(1) Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facility,for no more than 90 days,
during which time the holder of the Special Use Permit shall develop a suitable
plan for facility removal, conversion, or re-location, subject to the approval of the
County, and the holder of the Special Use Permit and the County shall execute
an agreement to such plan.
(2) If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the bond.
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES
5.11.1 Solid . to Collection Facilities Owned and Operated by A Public Agenc •r the Purpose
of Disposa • ousehold Waste by Orange County Residents
(A) General Stan. . Is
(1) The site shall co t of a parcel, or ea - ent across a parcel, (whether owned
or leased by the public -,-ncy)w•' has been recorded by the Orange County
Register of Deeds.
(2) The parcel or ease.• t across the pa - (whether owned or leased by the
public agenc • which the facility is locate. .all contain a minimum area of
40,000 .•are feet.
(3) e parcel or easement shall have frontage on a State main _'•ed road.
A Type B landscape buffer, 30' in width, shall be provided along the p- '..eter of
the parcel or easement.
Orange County, North Carolina—Unified Development Ordinance Page 5-102
Article 10: Definitions 38
Section 10.1: Definitions
ubdivision, Minor
A •'vision of a tract of land that does not:
- Create more than five lots, including the residual acreage, from any one tract of land in ny 24
month period;
b) I-dicate or improve any new public street other than widening an existing public s eet;'
c) Ex -nd public water and/or sanitary sewerage systems other than laterals to serv•, individual lots;
d) Nec-.sitate the installation of drainage improvements which would require east ments through
one o ore lots to serve other lots; and
e) At the op on of the applicant, involve vesting of the subdivision for a perio• greater than one
year.
Substantial dama• -
Damage of any origin sus -fined by a structure during any one year period hereby the cost of restoring
the structure to its before-d- aged condition would equal or exceed 50% of the market value of the
structure before the damage . curred. See definition of"substantial i •provement." Substantial damage
also means flood-related dame.- sustained by a structure on two s=•crate occasions during a ten-year
period for which the cost of repair- at the time of each such flood = ent, on the average, equals or
exceeds 25% of the market value o• he structure before the da -age occurred.
Substantial improvement
Any combination of repairs, reconstruction, ehabilitation, addition, or other improvement of a structure,
taking place during any one year period whe -by the c•.t of which equals or exceeds 50% of the market
value of the structure before the start of constriction • the improvement. This term includes structures,
which have incurred substantial damage, regard as: of the actual repair work performed. The term does
not, however, include either any correction of exi •g violations of State or Orange County health,
sanitary, or safety code specifications which h-,e bean identified by the Orange County code
enforcement official and which are the minim . neces -ry to assure safe living conditions, or any
alteration of a historic structure provided th.. the alterati• will not preclude the structure's continued
designation as a historic structure.
Support System
A combination of footers, piers, ca•s, and shims that will, when p •perly installed, support the mobile
home. Masonry walls may be in: ailed as a cosmetic feature.
Telecommunication Facilities, Accessory Use
A use incidental to, subor• nate to, and subservient to the principal use of e property. As defined in this
section an accessory u - is a secondary use.
Telecommunic. ion Facilities, Antenna
A system of elec cal conductor communications equipment that transmits and/or :ceives
electromagnets, radio signals used in the provision of all types of wireless communic: ions services.
Teleco unication Facilities, Applicant
Any wir- -ss service provider or wireless support structure owner submitting an application r a wireless
facility
T' ecommunication Facilities, Application
formal request, containing all necessary and required documentation, submitted to Orange Count to
construct or modify a wireless support structure or a wireless facility.
Telecommunication Facilities, Base Station
A station at a specific site authorized to communicate with mobile stations, generally consisting of radio
receivers, antennas, coaxial cables, power supplies, and other associated electronics.9
9 The term base station is new to State Law and we are adding the definition to the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 10-50
Article 10: Definitions 39
Section 10.1: Definitions
e - • • •• nication Facilities, Building Code
The most recently as•• -: • -mended edition of the North C- • a e Building Code.
Telecommunication Fac' ' '- - , =uilding pe
An official Oran•• -=. y administrative authorization to begin construc - -•• istent with the provisions
of ► _. . . 53A-357.
Telecommunication Facilities, Collocation
The installation of new wireless facilities on previously approved structures, including wireless support
structures, buildings, utility poles, and water tanks. The placement or installation of wireless facilities on
existing structures, including electrical transmission towers,water towers, buildings, and other structures
capable of structurally supporting the attachment of wireless facilities in compliance with applicable
codes. 1°
e - : •• •.unication Facilities, Commercial Impracticability or Co I. - '- ly
Impracticable
The inability to perform an act on ter —re reason_• - • ommerce, the cause or occurrence of
which could not have been reasonably an • ._- -. • _ - -en and that jeopardizes the financial efficacy
of the project. The inabilit • - e a particular financial retur •- -stment or profit, standing alone,
and for a sin.l- -, a I not deem a situation to be commercially impractica. - --- all not render an
- erms of an agreement commercially impractical.
Telecommunication Facilities, Equipment Compound
An area surrounding or near the base of a wireless support structure within which a wireless facility is
located."
Te e • -- •• ication Facilities, EIA-222
Electronics Industries • :_•- on Standard 222 (Structural Standards f• -- £ntenna Wireless support
structures and Antenna Support Struc • -
Telecommunication Fa ' " , quipment enclosure
An enclosed stru , a•inet, or shelter used to contain radio or other equipment nece - • the
tran •••- ••in or reception of wireless communication signals.
Telecommunication Facilities, Eligible Facilities Request
A request for modification of an existing wireless tower or base station that involves collocation of new
transmission equipment or replacement of transmission equipment but does not include a substantial
modification.12
e -- • munication Facilities, Existing Structure/Building
For purposes • •is Section, any building or structure that currently exist on a par - • and. Such
structures may inclu•e, : shall not be limited to, telecommunications • - -ss support structures,
overhead transmission line sup..- tructures, water tanks, silo - rches, schools, and utility poles.
Telecommunication Facilities, E - • • = + Conditions
Conditions subsequent to a hurri • -, ood, tornado, or othe - ral or other disaster.
Telecom ation Facilities, FAA
The -•-ral Aviation Administration or its duly designated and authorized successor agenc,.
10 Our existing definition has,which was taken from State law,been modified to comply with recent changes
adopted as part of the 2013-185 Session Law.
" Adding a new definition detailed within the Session Law.
12 Adding a new definition detailed within the Session Law. Appropriate reference has also been included within the
telecommunication regulations section of the UDO.
Orange County,North Carolina–Unified Development Ordinance Page 10-51
Article 10: Definitions 40
Section 10.1: Definitions
lecommunication Facilities, Personal Wireless Services (PWS) or Pers al
Te _ ommunications Service (PTS)
As defi -d and used in the 1996 Telecommunications Act.
Telecomm •ication Facilities, Repairs and maintenance
The replacement • repair of any components of a wireless facility where the replacement is identical to
the component being -placed or for any matters that involve the normal re.-it and maintenance of a
wireless facility without t• - addition, removal or change of any of the ph ical or visually discernable
components or aspects of a ireless facility that will add to the visibl- -ppearance of the facility as
originally permitted, but does n• constitute a modification to a wir= ess facility or support structure.
Telecommunication Facilities, -oofline
The overall ridgeline of the structure, not i luding cupo . , elevator towers, clock towers or other similar
features.
Telecommunication Facilities, Sear ri •
The area within which a wireless support st .cture mus •e located in order to meet service objectives of
the wireless service provider using the • eless facility or • -less support structure.
Telecommunication Facili '-s, Self-Support/Lattice k ireless support structure
A tapered structure broad at t base and narrower at the top consist •• of cross-members and diagonal
bracing and without guyed •pport.
Telecommunica n Facilities, Stealth or Stealth Technology
A design or treat .-nt that minimizes adverse aesthetic and visual impacts on the la•d, property,
buildings, and , er facilities adjacent to, surrounding, and in generally the same area - the requested
location of .ch wireless support structures, which shall mean building the least visually a physically
intrusive -cility that is not technologically or commercially impracticable under the facts and
circu • tances. Stealth technology includes such technology as Distributed Antenna System (D or its
fu ional equivalent or camouflage where the structure is disguised to make it less visually obtrusi and
of recognized to the average person as a wireless support structure.
Telecommunication Facilities, Substantial Modification
The mounting of a proposed wireless facility on a wireless support structure that substantially changes
the physical dimensions of the support structure.
ecommunication Facilities, Telecommunication Equipment
Equip r lit, which is located either upon a telecommunication tower or a structure and inc eel's some
form of ante •- for the purpose of transmitting and receiving wireless services.
Telecommunicatio acilities, Wireless facility Stealth
A wireless support structure 41- • ned using stealth technology suc at its primary purpose is, or
visually appears to be, something o ; than the support of tel--•mmunications equipment,the apparent
purpose of the wireless support structure i ustomarily c•- idered as accessory to a use that is allowed
in the zoning district, and the structure and its p ...a• se comply with this Ordinance.
Telecommunication Facilities, • ity pole
A structure that is designed for an. ed to carry lines, cables, or ' es for telephone, cable television, or
electricity, or to provide lighti •.
Telecommuni ion Facilities, Unforeseen Events
Condemnati.- of existing telecommunications wireless support structures for road proje casualty of
existin• -ecommunications wireless support structures, blocking of signals from new construc •
n- -ssitating a relocation of a telecommunication wireless support structure, or the need to replace a
Orange County, North Carolina—Unified Development Ordinance Page 10-53
Article 10: Definitions
41
Section 10.1: Definitions
existing teleco • - '•n wireless support structure for capacity issues, or f. • -- -asons deemed
necessary by the County Plannin• :' _ • or his/her desi• --
Telecommunica • = les, Whip Antenna
A c '•e '-- _n enna that transmits and/or receives signals in 360 degrees.
Telecommunication Facilities, Wireless facility
The set of equipment and network components, exclusive of the underlying wireless support structure or
tower, including antennas, transmitters, receivers,.base stations, power supplies, cabling, and associated
equipment necessary to provide wireless data and wireless telecommunications services to a discrete
geographic area. This may also be referred to as a Personal Wireless Facility.
Telecommunication Facilities, Wireless support structure
A ew or existing structure, such as a monopole, lattice, or guyed tower that is designed to supp• or
cap-•le of supporting wireless facilities. A utility pole is not a wireless support structure.
Teleco •munication Facilities, Wireless Telecommunications Facility TF),
Includes • •th Telecommunications Site and Personal Wireless Fac' ity
A structure, fac..ty or location designed, or intended to be used as, or used to suppo• antennas or other
transmitting or re -iving devises. This includes without limit wireless support stru res of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, wa -r towers, signs or other
structures that can be ► ed as a support structure for antennas or the functio _1 equivalent of such. If
further includes all relate. facilities and equipment such as cabling, equipm-nt shelters and other
structures associated with t - facility. It is a structure and facility intende% for transmitting and/or
receiving radio, television, cel ► ar, SMR, paging, 911, personal comm ications services (PCS),
commercial satellite services, mi. owave services, and any commer 'al wireless telecommunication
service not licensed by the FCC.
Temporary Residential Mobile Horn-
A mobile home, intended for residential use for a " it=• period of time, for purposes of providing for
custodial care under a Class B Special Use Permit providing temporary residential space during the
installation of a replacement mobile home or con ruc .•n of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of 'ertificat- of Occupancy for the permanent unit. The
temporary mobile home is not attached to a •-rmanent or s-mi-permanent foundation.
Temporary Use Building
A building, not intended for residentia use, consisting of one or mo - modules constructed off the ultimate
site of use. The building is also no -ttached to a permanent or semi-.-rmanent foundation.
Ten-Year Transition La► •
Land located in areas that - in the process of changing from rural to urban •:nsities and/or intensities,
that are suitable for highe'densities and/or intensities and could be provided wit' .ublic utilities and
services within the first 0-year phase of the Comprehensive Plan update or where .uch utilities and
services are already .resent or planned. Non-residential uses implemented in accor.:nce with small
area plans and/or • erlay districts may be appropriate.
Tourist Ho- e
A building • group of attached or detached buildings containing, in combination, three to nine lo.•ing
units for • cupancy for daily or weekly periods, with or without board, and primarily for occupancy •
transie• s, as distinguished from rooming houses, in which occupancy is primarily by residents rather . an
tran '-nts.
raffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
Orange County, North Carolina—Unified Development Ordinance Page 10-54
42
Attachment 3
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, November 25, 2013
at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items:
1. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Board and
Planning Director have initiated an amendment to the text of the Unified
Development Ordinance (UDO).
Text amendments are proposed to Sections 2.22 Home Occupations, 5.4.3
Special Events, and 5.5.3 Home Occupations. The purpose of the amendments
is to change the existing standards to allow for an increase in the number of
square feet that can be used for home occupation purposes, increase the
number of allowable onsite employees, permit larger scale home occupations in
the Agricultural Residential (AR) and Rural Residential (R-1) zoning districts, and
allow for the exemption of special events organized or affiliated with a
governmental or non-profit agency. Proposed amendments will also modify and
clarify existing regulations and definitions associated with home occupations. The
amendments also seek to fund a balance between the trend for small home
based businesses and the typical character and enjoyment of residential
neighborhoods.
Purpose: To review the item and receive public comment on the proposed
amendment.
2. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated an amendment to the text of the Unified Development Ordinance (UDO).
Text amendments are proposed to Section 2.7.14 Changes to Approved Plans
and Section 5.10 Standards for Telecommunication Facilities to incorporate
recent changes in State law with respect to the review and processing of
applications proposing the development or modification of telecommunication
facilities.
Session Law 2013-185, adopted June 26, 2013, established new criteria related to
the processing of applications, including:
43
a. Prohibition on requiring information related to the specific need for a
proposed telecommunication facility, including the addition of additional
wireless coverage or capacity, as part of the application package.
b. Local governments cannot require `proprietary, confidential, or other
business information' to justify the need for a new telecommunication
facility.
c. Limits the fee local governments can collect for a third party consultant to
review applications for co-locations.
d. Mandatory review timelines/deadlines for local governments to act on co-
location applications.
The amendments are necessary to ensure Orange County's regulations and
processes are consistent with these changes.
Purpose: To review the item and receive public comment on the proposed
amendment.
3. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated an amendment to the text of the Unified Development Ordinance (UDO).
Text amendments are proposed to Section(s) 2.5.4 Site Plan Review —
Procedures and Timeframes; 2.10 Variances; 2.11 Interpretations; 2.12 Board of
Adjustment; and 2.25 Appeals to incorporate recent changes in State law with
respect to items reviewed and acted upon by the Orange County Board of
Adjustment.
Session Law 2013-126, adopted June 19, 2013, modified and updated procedural
and notification requirements for the various applications reviewed by the Board of
Adjustment, including:
1. Changing the votes necessary for the Board to approve a Special Use Permit
application from 415th of members to a simple majority,
2. Clarifying the procedure(s) for requesting and issuing of subpoenas,
3. Clarifying the appeals timeframe for Board of Adjustment decisions to be
submitted to Superior Court, and
4. Clarifying notification requirements with respect to who is notified of a Board
decision.
The amendments are necessary to ensure Orange County's regulations and
processes are consistent with these changes.
Purpose: To review the item and receive public comment on the proposed
amendment.
44
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling the one of the phone numbers
below. The full text of the public hearing items may be obtained no later than November
15, 2013 at the County website www.co.orange.nc.us at the Meeting Agendas link.
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH: The Herald Sun News of Orange
November 13, 2013 November 13, 2013
November 20, 2013 November 20, 2013
45
Attachment 4—Excerpt of Draft
BOCC November 25,2013
Quarterly Public Hearing Minutes
1 DRAFT
2 MINUTES
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 QUARTERLY PUBLIC HEARING
5 November 25, 2013
6 7:00 P.M.
7
8 The Orange County Board of Commissioners and the Orange County Planning Board
9 met for a Quarterly Public Hearing on Monday, November 25, 2013 at 7:00 p.m. at the DSS
10 Office, Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark
13 Dorosin, Alice M. Gordon, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT: Earl McKee
15 COUNTY ATTORNEY PRESENT: John Roberts
16 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert and Deputy Clerk to the
17 Board David Hunt (All other staff members will be identified appropriately below)
18 PLANNING BOARD MEMBERS PRESENT: Chair Pete Hallenbeck, and Planning Board
19 members Maxecine Mitchell, Lisa Stuckey, Paul Guthrie, Herman Staats, Tony Blake, Andrea
20 Rohrbacher, and H.T. "Buddy" Hartley
21 PLANNING BOARD MEMBERS ABSENT: Johnny Randall, James Lea, Stephanie O'Rouke
22
23 2. Unified Development Ordinance (UDO) Text Amendment—To review government-
24 initiated amendments to the Unified Development Ordinance (UDO) to incorporate recent
25 changes in State law with respect to the review and processing of applications proposing the
26 development or modification of telecommunication facilities.
27
28 Michael Harvey said this item begins on page 39 of the abstract. He said attachment 1 is
29 the comprehensive plan and UDO outline form, and attachment 2 is the actual copy of Session
30 law 2013-185.
31 He reviewed the following Session law criteria from page 39 of the abstract:
32
33 • Prohibition on requiring information related to the specific need for a proposed
34 telecommunication facility, including the addition of additional wireless coverage or
35 capacity, as part of the application package.
36 • Local governments cannot require `proprietary, confidential, or other business information'
37 to justify the need for a new telecommunication facility.
38 • Limits the fee local governments can collect for a third party consultant to review
39 applications for co-locations.
40 • Mandatory review timelines/deadlines for local governments to act on co-location applications.
41
42 Michael Harvey said the County has been very lucky in the past few years that AT&T has
43 been willing to provide data indicating existing telecommunications facilities.
44 He said the co-locations fee is now limited to $1,000, and the previous charge was $2500.
45 He said that change has already been incorporated.
46 He said state law also establishes a very specific set of criteria for what constitutes a
47 modification. He said this is important in Orange County, as the County has three tiers of review
48 on telecommunication towers. He said anything over 75 feet is approved by staff in an
49 administrative action; anything over 75 feet and under 199 feet is approved through the class B
50 special use permit process by the board of adjustment; and anything 200 feet or over is reviewed
51 and acted upon by the Board of Commissioners as a class A special use permit.
2 46
1 Michael Harvey said this new session law establishes parameters to establish that certain
2 increases in height of an existing telecommunications facility shall not constitute a modification
3 that has to be administratively approved. He called attention to page 58 of the packet, where this
4 language has been incorporated within the provisions of the UDO.
5 He said the County attorney's office has requested the inclusion of additional language in
6 11-a, b, c and d. He said this will be included to flesh out exact parameters of a modification.
7 Michael Harvey said the key is to ensure that sufficient language is provided to focus on
8 the changing nature of the tower. He said this affects testimony and facts considered when a
9 tower is reviewed and acted on by the County.
10 He gave the example of a tower that is 190 feet tall. He said the tower height can be
11 increased by 10 percent, or not more than 20 feet, and it is considered a minor change that does
12 not go before the Board. He said this is an attempt to avoid having a tower that is 199 feet,
13 reviewed as a class b special use permit, wanting to add to 209 feet, requiring additional
14 compliance standards. He said staff would like to require the Board to review and approve this
15 type of action.
16 Michael Harvey said this ordinance amendment does not alter current review and approval
17 procedures. He said there will still be a class A and class B special use permit process, and a
18 consultant review of all co-locations. He said the review timeline is not being changed.
19 He said the consultants are limited in what they can charge to the County. He said meals
20 and travel cannot be charged, but the County contract never allowed this, so no amendment is
21 necessary here.
22 He said there was no public comment, and many changes from the session law have
23 already been incorporated.
24 Commissioner Dorosin asked if there were constraints to how many times a tower can be
25 modified.
26 Michael Harvey said if the modifications exceed existing permitting authority for the tower,
27 the permit must be modified.
28 Commissioner Dorosin asked for clarification on the limits.
29 Michael Harvey reviewed these again.
30 Commissioner Dorosin asked if this means that the tower could be increased in size
31 multiple times.
32 Michael Harvey said this is conceivable, but he noted the other parameters of obtaining
33 approval. He said mandatory setbacks still have to be complied with, and it is unlikely that you
34 can have a consistent increase in tower height while maintaining relevant factors to the permit.
35 He said the other parameter to be incorporated is that the Board of Adjustment or the
36 Board of Commissioner will be basing decisions on the testimony and evidence entered into the
37 record during a hearing. He said any alteration that changes the parameters of that evidence
38 would have to be reviewed and acted upon.
39 He reminded the Board that any tower 200 feet or higher must be illuminated, based on
40 FHA regulations. He said most people don't like to do this, as it is costly and draws attention to
41 the tower.
42 Chair Jacobs noted the motion on page 40.
43 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to:
44
45 1. Receive the proposed text amendment(s).
46 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the
47 proposed amendment.
48 3. Refer the matter to the Planning Board with a request that a recommendation be returned
49 to the Board of County Commissioners in time for the January 23, 2014 BOCC regular
50 meeting.
51 4. Adjourn the public hearing until January 23, 2014 in order to receive and accept the
3 47
1 Planning Board's recommendation and any submitted written comments.
2
3 VOTE: UNANIMOUS
Attachment 5 —Excerpt of 48
Approved 1/8/2014 Approved Planning Board
Minutes
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 DECEMBER 4,2013
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Lisa Stuckey, Chapel Hill Township Representative; James Lea, Cedar Grove Township
7 Representative; Herman Staats, At-Large, Cedar Grove Township; Paul Guthrie, At-Large Chapel Hill Township;
8 Buddy Hartley, Little River Township Representative;Tony Blake, Bingham Township Representative;
9
10 MEMBERS ABSENT: Johnny Randall, At-Large Chapel Hill Township; Andrea Rohrbacher, At-Large Chapel Hill
11 Township; Stephanie O'Rourke, Eno Township Representative; Maxecine Mitchell, At-Large Bingham Township;
12 Peter Hallenbeck(Chair), Cheeks Township Representative; Vacant-Hillsborough Township Representative;
13
14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
15 Special Projects Coordinator;Ashley Moncado,Special Projects Planner;Tina Love,Administrative Assistant II
16
17 OTHERS PRESENT:Jay Hitchens
18
19 Agenda Item 9: Unified Development Ordinance (UDO) Text Amendment — Telecommunications
20 Facilities: To make a recommendation to the BOCC on government-initiated amendments
21 to the Unified Development Ordinance(UDO)to incorporate recent changes in State law with
22 respect to the review and processing of applications proposing the development or
23 modification of telecommunication facilities. This item was heard at the November 25, 2013
24 quarterly public hearing.
25 Presenter: Michael Harvey,Current Planning Supervisor
26
27 Michael Harvey: Reviewed proposal.
28
29 Paul Guthrie: The operative word is physical. Do you feel that will limit your ability to object to a modification?
30
31 Michael Harvey: We had that discussion. The answer is no because when you read that section in totality there
32 are other requirements that the cell tower provider will have to adhere to. The County attorney wanted to put in
33 language indicating the physical dimensions (of the tower) are part of the key decision making process because
34 obviously the session laws, as imbedded here, allows for certain increases in height to certain standards (without
35 the need for County approval).
36
37 Michael Harvey: Anything over 200 feet you have to have illuminated.
38
39 Tony Blake: Most of the telecommunication towers we are putting up have requirements for generators and the
40 new one that has come out recently is anti-aviary protection, bird nests being built up there. They are using sound
41 and other means of discouragement, also solar panels on the tops of these towers as ancillary power. Are all those
42 covered in other areas of the UDO?
43
44 Michael Harvey: I would argue they are covered in the standard section for approval where you have to approve
45 any apparatus placed on the tower and prove said apparatus will not overburden the tower to cause structural
46 failure. So it is already covered.
47
48 MOTION by Tony Blake to approve the UDO Text Amendment regarding wireless facilities in their jurisdiction with the
49 proposed amendment from the County Attorney.Seconded by Buddy Hartley.
50
51 VOTE:UNANIMOUS
1