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ORD-2014-001 Ordinance Amending the Unified Development Ordinance of Orange County incorporating State Law related changes to the Board of Adjustment
Ordinance #: 201V — 0O 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 i ffective upon its adoption. Upon motion of om 'ssioner seconded by Com issioner the foregoing ordinance was adopted this day 2014. I, Donna � 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 C the adoption of the foregoing a d that said proceedings are recorded in the minutes of the said Board. �31` TNESS my hand and the seal of said County, 2014. ©L--:j Irs TKPI,"., #4 ti. �h Cat° this L�- day of Clerk t the Board of Commissioners 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 Striker r-ou h Te? : 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://oranizecountync.jzov/planning/Ordinances.asp Article 2: Procedures Section 2.7- Special Use Permits 2.7.11 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 r ial justice is done, and equitable treatment provided. (B) Conditions shall run with the land and use, and shall be binding on the ors 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 se 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 Direct, 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 ap► 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, iith 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 e sires, the Board of County Commission- s, for good cause shown, may extend the a •iration deadline six months upon the f- orable recommendation of the Planning Board. (B) The appication for an extension request shall be submitted a nimum of six months prior . the expiration of the Special Use Permit. (C) N. hanges shall be made to the terms and/or conditions of approv- . (D) only 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 :ts 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 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. 1( 0) 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:' ip -94(a) An increase in the existing vertical height of the structure by more than: (i) 10% in the height of the tower, or The height of 1 additional antenna with separation from the nearest existing antenna not to exceed 20 feet W(t) _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 ' 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 Section 2 8- Zoning Atlas and Unified Development Ordinance Amendments 04j(dd)L Increasing the square footage of the existing equipment compound by more than 2,500 square feet. (C) The Planning Director shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for approval of the Special Use. The determination shall be based upon the request of the applicant, the review of the record of the approval of the original request and the Planning Director's findings under the criteria of subsection (B) above. (D) The Planning Director shall, if it is determined that 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) proposed. The Planning Director shall file the amended site plan or written statement with the approved site plan. (E) If it is determined that the proposed action is a modification, the Planning Director shall require the applicant to submit a request for modification of the approved special use permit. The following procedures shall be adhered to in the case of a modification: (1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. (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. _ 2.8.1 Review and Approval Flow Chart The review and a process for a Zoning Atlas and Unified Devel Amen is shown in the procedure's flowchart. Orange County, North Carolina — Unified Development Ordinance Page 2 -22 Staff Note: We are including all of Section 5.10 to provide the Board with the necessary context of the proposed amendments. This amendment, however, is only intended to address incorporation of new language within State law. Article 5: Uses Section 5 10: Standards for Telecommunication Facilities removed within 12 months from the d se of the facility. / ture is removed the pr �, the owner shall obtain Jon Control pe�o re- stabilize the property. The pletiorijs.bane determined by the Orange County Staff cannot make wholesale changes to non- rovide filmp ial security in form and amount acceptable relevant sections due to the nature of the ecure the expe f 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. 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 ( "P (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 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 31 sc 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 Existina 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. Orange County, North Carolina — Unified Development Ordinance Page 5 -81 Article 5: Uses 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. a 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -82 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities appFeved iR the 't I'+ fer equipment ennle6W Fes aR d aRGillary fa Gil ties. f: }i The proposed additional facility will comply with applicable regulations, restrictions, or conditions, if any, applied to the initial wireless facilities placed on the tower or other wireless support structure. (d�(c) The proposed additional wireless facilities comply with all federal, State, and local safety requirements. kg 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. Orange County, North Carolina — Unified Development Ordinance Page 5 -83 Article 5: Uses 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. Orange,County, North Carolina — Unified Development Ordinance Page 5 -84 Article 5: Uses 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -85 Article 5: Uses 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). (1) The make, model and manufacturer of the tower and antenna(s), antenna heights and power levels of proposed site. This will include documentation establishing the azimuth, size, and centerline height location of all proposed and existing antennas on the structure. (m) The frequency, modulation and class of service of radio or other transmitting equipment. (n) The maximum transmission power capability of all radios, as designed, if the applicant is a cellular or functional equivalent carrier, or the maximum transmission power capability, as designed, of all transmission facilities if the applicant is not a cellular or functional equivalent carrier (o) The actual intended transmission and the maximum effective radiated power of the antenna(s). (p) The direction(s) of maximum lobes and associated radiation of the antenna(s). (q) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC. (r) Certification that the proposed antenna(s) will not cause interference with other telecommunications devices. (s) A written affidavit stating why "the proposed site is necessary for their communications service" (e.g., for coverage, capacity, hole - filling, etc.) and a statement that there are no existing alternative sites within the provided search ring and there are no alternative technologies available which could provide the proposed telecommunications service need without the tower. (t) A copy of the FCC license applicable for the intended use of the facility as well as a copy of the 5 and 10 year building out plan required by the FCC. Orange County, North Carolina — Unified Development Ordinance Page 5 -86 Article 5: Uses 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 — Go- IesatienCol location 6 of Antennas In addition to the requirements denoted herein, applications for the ee- lesat+encollocation of antennas on existing structures shall be required to submit the following: (a) The age of the existing tower in years, including the date of the grant of the original permit or authorization for the existing tower; (b) For a wireless support structure that is five years old or older, or for a guyed structure that is three years old or older, a copy of the latest ANSI Report done pursuant to the latest edition of ANSI -EIAMA 222F — Annex E for any self - supporting tower. If an ANSI report has not been done pursuant to the preceding schedule, an ANSI report shall be done and submitted as part of the application. No Building Permit shall be issued for any wireless support structure where the structure being attached to is in need of remediation, unless and until the County Planning and Inspections Department has approved all remediation work needed has been completed or a schedule for the remediation work. (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 Gellesatiea - collocation 7 i 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 es- lec-at+encollocation 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. Orange County, North Carolina — Unified Development Ordinance Page 5 -87 Article 5: Uses 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 — Go 10Gatiens.Collocations 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 ee- lesatienscollocations. No co- locator shall be refused access for ce- 4ecatiencollocation by charging exorbitant lease fees. Public safety provider ce- leeatienscollocations 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. (1) No tower shall be permitted to exceed its designed loading capacity. For all wireless support structures attached to existing structures, the engineer certification statement shall include certification that the structure can support the load superimposed from the wireless support Orange County, North Carolina — Unified Development Ordinance Page 5 -88 Article 5: Uses 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 se- lesatieecollocation 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. Orange County, North Carolina - Unified Development Ordinance Page 5 -89 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities (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. 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -90 Article 5: Uses 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 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. (j) A notarized statement that the sign posting requirement has been met. (k) Photographs of a clearly visible balloon floated at the proposed tower location to the maximum height of the tower, as well as photographs with the proposed tower and associated antennas superimposed upon them showing what the proposed tower will look like. Photographs shall be taken from locations such as: property lines, and /or nearby residential areas, historic sites, roadways, including scenic roads and major view corridors, and other locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower. (1) The Special Use Permit application shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. Orange County, North Carolina — Unified Development Ordinance Page 5 -91 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities (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: (1) 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. Orange County, North Carolina — Unified Development Ordinance Page 5 -92 Article 5: Uses 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- tesat+eacollocation 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 ('/2) mile of any existing monopole, lattice or guyed wireless telecommunications support structure. a. An exception may be allowed when the applicant can sufficiently demonstrate that: i. Appropriate space on the existing telecommunication wireless support structure is not available; or ii. The applicant has made good faith effort to negotiate an agreement with the owner of the existing wireless telecommunication support structure and has been unsuccessful, which must be documented in writing; or Orange County, North Carolina — Unified Development Ordinance Page 5 -93 Article 5: Uses 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 se- lesatiencollocation by the applicant. Exceptions shall only be allowed after a thorough analysis of the search area, provided by the applicant is performed by the County's consultant or Staff, indicating that coverage is not possible on an existing 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -94 Article 5: Uses 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. Q) All wireless support structures shall satisfy all applicable public safety, land use, or zoning issues required in this Ordinance, including aesthetics, landscaping, land -use based location priorities, structural design, setbacks, and fall zones. (k) Fences and Walls (i) An eight foot fence or wall shall be required around the base of any wireless support structures. This fence or wall shall encompass all accessory equipment within the compound. (ii) Fences shall be required around guy wire tie downs (iii) A fence or wall may be placed around the perimeter of the facility to include guy wire tie downs and associated equipment should the applicant /owner wish to do so. (1) The communications tower is structurally designed to support additional users as provided for in Section 5.10.8(A)(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 Orange County, North Carolina — Unified Development Ordinance Page 5 -95 Article 5: Uses 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 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. 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -96 Article 5: Uses 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. Orange County, North Carolina — Unified Development Ordinance Page 5 -97 Article 5: Uses 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. Orange County, North Carolina — Unified Development Ordinance Page 5 -98 Article 5: Uses 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 ss- lesatieacollocation 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 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 Section 5.10. Standards for Telecommunication Facilities 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 approval, special use permit, se- lesationcollocation, 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. of $1,099 shall be submitted at the pre appliGatiGR meetiRg tG Gover asseGiated canruLtipg fees iRGUr r edprier to the fc- rmalSubmittal of an applisat,gini. The eGGFGW amount reqUiFed at the $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 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. 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 (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 II contain a minimum area of 40,000 are feet. (3) a 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 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 \the iod; br improve any new public street other than widening an existing public s et; cblic water and /or sanitary sewerage systems other than laterals to sere individual lots; dte the installation of drainage improvements which would require eas ments through re lots to serve other lots; and eon of the applicant, involve vesting of the subdivision for a perio greater than one Substantial dama Damage of any origin \dama a structure during any one y/ent, hereby the cost of restoring the structure to its befo condition would equal or exf the market value of the structure before the daed. See definition of "substement." Substantial damage also means flood - relatustained by a structure on t occasions during a ten -year period for which the coat the time of each such floothe average, equals or exceeds 25% of the m he structure before the da red. Substantial improvement Any combination of repairs , reconstruction, eha taking place during any one year period whe by value of the structure before the start of constr c which have incurred substantial damage, regard not, however, include either any correction of ex bilitation, ddition, or other improvement of a structure, the co9t of which equals or exceeds 50% of the market ion sanitary, or safety code specifications which h e be enforcement official and which are the minim)An nec alteration of a historic structure provided th the alte designation as a historic structure. pf the improvement. This term includes structures, of the actual repair work performed. The term does I violations of State or Orange County health, n identified by the Orange County code es ry to assure safe living conditions, or any ratiN will not preclude the structure's continued 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 F cilities, 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 /elecA system of elec cal conductor communications equipment that transmits and /\applicationr tromagneti radio signals used in the provision of all types of wireless comm. nication Facilities, Applicant rvice provider or wireless support structure owner submitting an eless nication Facilities, Application st, containing all necessary and required documentation, submitt 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 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 Section 10.1: Definitions Tbe-rgcon4mu.nication Facilities, Building Code The most recently a mended edition of the North C a e Building Code. Telecommunication Fac' ' ' ullding pe An official Oran administrative authorization to begin constru istent with the provisions Of . . . 53A -357. Telecommunication Facilities, Collocation 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. TWM,amnication Facilities, Commercial Impracticability or C 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 I 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-1dtu ication Facilities, EIA -222 Electronics Industries ' 'on Standard 222 (Structural Standards f ntenna �VWVireles�ss s upport structures and Antenna Support Struc Telecommunication Fa , quipment enclosure An enclosed stru a inet, or shelter used to contain radio or other equipment n tran nor 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.` TMeesQMrnunication Facilities, Existing Structure /Building For purposes is Section, any building or structure that currently exist on a pa 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 hatu_ral or other disaster. Telecom ation Facilities, FAA \ The ral Aviation Administration or its duly designated and authorized successor 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 reeulations section of the UDO. Orange County, North Carolina — Unified Development Ordinance Page 10 -51 Article 10: Definitions Section 10.1: Definitions lecommunication Facilities, Personal Wireless Services (PWS) or Pers Ij ereC,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 r lacement 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 fireless 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 supports cture %�Io, ated in ord er to meet service objectives of the wireless service provider using the eeless facless support structure. Telecommunication Facili ' s, Self- Support/Lattice ireless support structure A tapered structure broad at t base and narrower at the top consis of cross - members and diagonal bracing and without guyed opport. Telecom mu ' nica n Facilities, Stealth or Stealth Technology A design or treat nt that minimizes adverse aesthetic and visual impacts on the I 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 cirtances. Stealth technology includes such technology as Distributed Antenna System (D or its �fu_�_ic,'nal equivalent or camouflage where the structure is disguised to make it less visually obtrusi anc reognized 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 t, which is located either upon a telecommunication tower or a structure and inc es some form of ante for the purpose of transmitting and receiving wireless services. Telecom municatio aciIities, Wireless facility Stealth A wireless support structure 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 ustomarily c idered as accessory to a use that is allowed in the zoning district, and the structure and its p ' se comply with this Ordinance. Telecommunication FacilitiesJUMfity 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 lon 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 constr�Iacea n ssitating a relocation of a telecommunication wireless support structure, or the need to r Orange County, North Carolina — Unified Development Ordinance Page 10 -53 Article 10: Definitions Section 10.1: Definitions existing teleco �nwire�less pport stru cture for capacity issues, or f asons deemed necessary by the Countor his /her desi n Telecommunica ' ' ies, Whip Antenna A 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. elecommunication Facilities, Wireless support structure 33ew or existing structure, such as a monopole, lattice, or guyed tower that is designed to supp or paple of supporting wireless facilities. A utility pole is not a wireless support structure. Telecommunication Facilities, Wireless Telecommunications Facilityj*TF), Includes th Telecommunications Site and Personal Wireless Fac' Ity A structure, fad �ty or location designed, or intended to be used as, or used to supp antennas or other transmitting or rebkiving devises. This includes without limit wireless support stru res of all types, kinds and structures, inclu 'ng, 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 I equivalent of such. If further includes all relate acilities and equipment such as cabling, equipm nt shelters and other structures associated with 'tN 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 owave services, and any commer 'al wireless telecommunication service not licensed by the FCC. Temporary Residential Mobile Hom6 A mobile home, intended for residential use for a custodial care under a Class B Special Use Permit installation of a replacement mobile home or con i same lot, and for 30 days after the issuance of er 9 period of time, for purposes of providing for roviding temporary residential space during the n of a stick -built or modular residential unit on the t of Of for the permanent unit. The temporary mobile home is not atta/to rmanent or mi- permanent foundation. Temporary Use Building A building, not intended for residensisting of one o\semi- odules constructed off the ultimate site of use. The building is also no a permanent ormanent foundation. Ten -Year Tran/esent Land located in arin the process of changing from rural to urban nsities and /or intensities, that are suitable fosities and /or intensities and could be provided wit ublic utilities and services within the phase of the Comprehensive Plan update or where uch utilities and services are alrear planned. Non - residential uses implemented in accor nce with small area plans and /or icts may be appropriate. To/s, e A boup of attached or detached buildings containing, in combination, three to nine to ing unitncy for daily or weekly periods, with or without board, and primarily for occupancy transtinguished from rooming houses, in which occupancy is primarily by residents rather an tran Traffic 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