HomeMy WebLinkAboutAgenda - 11-25-2013 - C2 39
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 25, 2013
Action Agenda
Item No. C.2
SUBJECT: UDO Text Amendment Related to Telecommunication Facilities
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael D. Harvey, Planner III (919) 245-2597
Development Ordinance Outline Form Craig Benedict, Director (919) 245-2575
(UDO & Zoning 2013-04)
2. Session Law 2013-185
3. UDO Amendment Package
PURPOSE: To hold a public hearing on a Planning Director initiated text amendments to the
Unified Development Ordinance (UDO).
BACKGROUND: Session law 2013-185, adopted on June 26, 2013, has modified how local
governments process new telecommunication tower applications and established new criteria related
to the processing of applications, including:
• Prohibition on requiring information related to the specific need for a proposed
telecommunication facility, including the addition of additional wireless coverage or
capacity, as part of the application package.
• Local governments cannot require `proprietary, confidential, or other business information'
to justify the need for a new telecommunication facility.
• Limits the fee local governments can collect for a third party consultant to review
applications for co-locations.
• Mandatory review timelines/deadlines for local governments to act on co-location
applications.
Staff is proposing to revise existing language within the UDO to ensure consistency with State law.
Attachment 1 provides additional background on the proposal. Attachment 2 contains a copy of the
relevant Session Law. Attachment 3 contains the proposed amendments in a "track changes"format
(red text for proposed additions and red st4eetdhreugh for proposed deletions).
Ordinance Review Committee (ORC) Review: The Planning Board ORC reviewed the proposed
amendments at its October 2, 2013 ORC meeting where there were no comments on the proposal.
The required Planning Director analysis is contained in Section B.2 of Attachment 1.
40
Notification Procedural Requirements: Legal ads for the public hearing were placed in a
newspaper of general circulation in the County in accordance with Section 2.8.7 of the UDO.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION: The Planning Director recommends the Board-
1. Receive the proposed text amendment(s).
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
the proposed amendment.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the Board of County Commissioners in time for the January 23, 2014 BOCC regular
meeting.
4. Adjourn the public hearing until January 23, 2014 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
41
Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-04
UDO Text Amendment(s) incorporating recent changes in State law concerning the
regulation of telecommunication facilities
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map-
From-
To:
❑ Zoning Map-
From-
To
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s)-
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s) 1. Section 2.7.14 Changes to Approved Plans, and
2. Section 5.10 Standards for Telecommunication Facilities
inclusive
of the UDO to incorporate recent changes to State law with the
processing of new applications and equipment change out requests
for telecommunication towers.
❑ Other:
1
42
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013-185, related to the processing and review of applications for new
telecommunication facilities or equipment/antenna change outs.
The Session Law, adopted on June 26, 2013 modifies establishes new criteria related to
the processing of applications, including-
1. Local governments can no longer require information concerning the specific
need for the proposed wireless support structure, including if the proposal
seeks to add additional wireless coverage or capacity, as part of the
application package.
2. Local governments cannot require `proprietary, confidential, or other business
information' to justify the need for a new telecommunication facility.
3. Limits the fee local governments can collect for a consultant to review
applications for co-locations (i.e. equipment change out) to $1,000.00.
4. Mandates review timelines/deadlines for a local government to act on co-
location applications. The Session Law establishes a 45 day time limit on
review so long as the application is complete.
5. The law establishes `exemptions' for certain modifications to
telecommunication facilities from a zoning review process.
A copy of the Session Law can be found in Attachment 2 for review.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
The amendments are necessary to ensure Orange County's process is consistent with
recent changes in State Law.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
N/A
4. New Statutes and Rules
Session Law 2013-185 An Act to Facilitate the Deployment of Mobile Broadband and
other Enhanced Wireless Communication Services by Streamlining the Processes
Uses by State Agencies and Local Governments to Approve the Placement of
Wireless Facilities in their Jurisdictions (Attachment 2).
2
43
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 — BOCC members approve the legal advertisement for the
November 25, 2013 Quarterly Public Hearing.
October 2, 2013 — Planning Board Ordinance Review Committee (ORC)
November 25, 2013 — Quarterly Public Hearing with this item on the agenda.
January 23, 2014 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
October 2, 2013 - Ordinance Review Committee (ORC).
This item was reviewed at the October 2, 2013 ORC meeting where there
were no comments on the proposal by Board members.
December 4, 2013 — Recommendation
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
3
n� �'
44
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
® Other: Staff will ask the County's current telecommunication consultant, the
Center for Municipal Solutions, to review and comment on the
amendments. This review is part of their existing contract with the
County and will not result in additional cost.
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey @orangecountync.gov
4
n� �'
Attachment 2
45
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-185
HOUSE BILL 664
AN ACT TO FACILITATE THE DEPLOYMENT OF MOBILE BROADBAND AND
OTHER ENHANCED WIRELESS COMMUNICATIONS SERVICES BY
STREAMLINING THE PROCESSES USED BY STATE AGENCIES AND LOCAL
GOVERNMENTS TO APPROVE THE PLACEMENT OF WIRELESS FACILITIES IN
THEIR JURISDICTIONS.
The General Assembly of North Carolina enacts:
SECTION 1. Article 19 of Chapter 160A of the General Statutes reads as
rewritten:
"Part 3E. Wireless Telecommunications Facilities.
"§ 160A-400.50. Purpose and compliance with federal law.
(a) The purpose of this section is to ensure the safe and efficient integration of facilities
necessary for the provision of advanced mobile broadband and wireless telecommunications
services throughout the community and to ensure the ready availability of reliable wireless
service to the public, government agencies, and first responders, with the intention of furthering
the public safety and general welfare.
al The deployment of wireless infrastructure is critical to ensuring first responders can
provide for the health and safety of all residents of North Carolina and that, consistent with
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), which creates a national wireless emergency communications network for use by first
responders that in large measure will be dependent on facilities placed on existing wireless
communications support structures, it is the policy of this State to facilitate the placement of
wireless communications support structures in all areas of North Carolina. The following
standards shall apply to a city's actions, as a regulatory body, in the regulation of the placement,
construction, or modification of a wireless communications facility.
(b) The placement, construction, or modification of wireless communications facilities
shall be in conformity with the Federal Communications Act, 47 U.S.C. § 332 as amended,
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), and in accordance with the rules promulgated by the Federal Communications
Commission.
"§ 160A-400.51. Definitions.
The following definitions apply in this Part.
(1) Antenna. — Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
(2) Application. — A formal request submitted to the city to construct or modify
a wireless support structure or a wireless facility.
2a 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.
(3) Building permit. — An official administrative authorization issued by the city
prior to beginning construction consistent with the provisions of
G.S. 160A-417.
(4) 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.T-he installation e
III 11111111111111111 1 Return t6 A&hda''
* H 6 6 4 - V - 6 *
46
ae,v� =wireless f4eiliti€ss en pt:eviettsly appt:eved st ticcc wing tev�'er-s-'
i ttil ifigs „tilit ,pole tet:ta*ks.
4a 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.
(5) Equipment compound. - An area surrounding or near the base of a wireless
suport structure within which a wireless facility is located.E"ipfnefit
of toe f e „� „ f r too tt:a ,miss;,, ptio, of , ro�o��
t signals.
(5a) Fall zone. - The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
(6) Land development regulation. -Any ordinance enacted pursuant to this Part.
(7) Search ring. - The area within which a wireless suport facility or wireless
facility must be located in order to meet service objectives of the wireless
service provider using the wireless facility or wireless support structure.
7a Substantial modification. - The mounting of a proposed wireless facility on
a wireless suport structure that substantially changes the physical
dimensions of the suport structure. A mounting is presumed to be a
substantial modification if it meets any one or more of the criteria listed
below. The burden is on the local government to demonstrate that a
mounting that does not meet the listed criteria constitutes a substantial
change to the physical dimensions of the wireless suport structure.
a. Increasing the existing vertical height of the structure by the greater
of(i) more than ten percent (10%) or (ii) the height of one additional
antenna array with separation from the nearest existing antenna not to
exceed 20 feet.
b. Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable, adding an
appurtenance to the body of a wireless suport structure that
protrudes horizontally from the edge of the wireless suport structure
the greater of(i) more than 20 feet or (ii) more than the width of the
wireless suport structure at the level of the apurtenance.
C. Increasing the square footage of the existing equipment compound
by more than 2,500 square feet.
(8) Utility pole. - A structure that is designed for and used to carry lines, cables,
or wires for telephone, cable television, or electricity, or to provide lighting.
8a Water tower. - A water storage tank, a standpipe, or an elevated tank
situated on a suport structure originally constructed for use as a reservoir or
facility to store or deliver water.
(9) Wireless facility. - The set of equipment and network components, exclusive
of the underlying wireless support structure or tower, including antennas,
transmitters, receivers, r B-base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and wireless
telecommunications services to a discrete geographic area.
(10) Wireless support structure. - A new or existing structure, such as a
monopole, lattice tower, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless
support structure.
160A-400.51A. Local authority.
A city may plan for and regulate the siting or modification of wireless suport structures
and wireless facilities in accordance with land development regulations and in conformity with
this Part. Except as expressly stated, nothing in this Part shall limit a city from re_ lu atin
applications to construct, modify, or maintain wireless suport structures, or construct, modify,
maintain, or collocate wireless facilities on a wireless suport structure based on consideration
of land use, public safety, and zoning considerations, including aesthetics, landscaping,
structural design, setbacks, and fall zones, or State and local building code requirements,
Page 2 Session Law 2013-185 SL201 `� �'
47
consistent with the provisions of federal law provided in G.S. 160A-400.50. For purposes of
this Part, public safety includes, without limitation, federal, State, and local safety regulations
but does not include requirements relating to radio frequency emissions of wireless facilities.
"§ 160A-400.52. Construction of new wireless support structures or substantial
modifications of f4eilities nn wireless support structures.
(a) A eity ri, plan f r and tvgtrkate t4e siting edi eatioN eles
eefifefmity ,v�,44 t4is Pat4. Exeept as expt:essly stated, fiet4ifig in this Pat4 shall limit a eity fFem
.
fFe"e o of v,ir-eless f,,eilities
(b) Any person that proposes to construct a new wireless support structure or
substantially modify a wireless support structure ^r ,,4eless f edit. within the planning and
land-use jurisdiction of a city must do both of the following:
(1) Submit a completed application with the necessary copies and attachments to
the appropriate planning authority.
(2) Comply with any local ordinances concerning land use and any applicable
permitting processes.
(c) A city's review of an application for the plaeemefi placement or
construction of a new wireless support structure or substantial modification of a '€less
faei wireless support structure shall only address public safety, land development, or
zoning issues. In reviewing an application, the city may not require information on or evaluate
an applicant's business decisions about its designed service, customer demand for its service, or
quality of its service to or from a particular area or site. A city may not require information that
concerns the specific need for the wireless support structure, including if the service to be
provided from the wireless support structure is to add additional wireless coverage or additional
wireless capacity. A city may not require proprietary, confidential, or other business
information to justify the need for the new wireless support structure, including�propagation
maps and telecommunication traffic studies. In reviewing an application, the city may review
the following:
(1) Applicable public safety, land use, or zoning issues addressed in its adopted
regulations, including aesthetics, landscaping, land-use based location
priorities, structural design, setbacks, and fall zones.
(2) Information or materials directly related to an identified public safety, land
development, or zoning issue including evidence that no existing or
previously approved wireless support structure can reasonably be used for
the ^ a-wireless facility placement instead of the construction of a new
wireless support structure, that residential, historic, and designated
scenic areas cannot be served from outside the area, or that the proposed
height of a new tower—wireless support structure or initial ^ a-wireless
facility placement or a proposed height increase of a substantially modified
wireless support structure, or replacement wireless support
structure et: eelleea is necessary to provide the applicant's designed
service.
(3) A city may require applicants for new wireless facilities to evaluate the
reasonable feasibility of collocating new antennas and equipment on an
existing wireless support structure or structures within the applicant's search
ring. Collocation on an existing wireless support structure is not reasonably
feasible if collocation is technically or commercially impractical or the
owner of the texisting wireless support structure is unwilling to enter
into a contract for such use at fair market value. Cities may require
information necessary to determine whether collocation on existing wireless
support structures is reasonably feasible.
(4) eelleeatien applieation entitled to stt:eamlifi ee�.mig tmdetf
G.S. 160A 400.53 shall be deemed eemplete tmiess the eity pt:eviddes fietiee in v�,Fitifig to
SL2013-185 Session Law 2013-185 1 `� �'
48
(e) The city shall issue a written decision approving or denying an application 'V�,ithifl 45
G.S. ,tin n 400.53 a* under this section within a reasonable period of time consistent with the
issuance of other land-use permits in the case of other applications, each as measured from the
time the application is deemed complete.
(f) A city may fix and charge an application fee, consulting fee, or other fee associated
with the submission, review, processing, and approval of an application to site new wireless
suport structures or to substantially modify wireless support structures or wireless facilities
that is based on the costs of the services provided and does not exceed what is usual and
customary for such services. Any charges or fees assessed by a city on account of an outside
consultant shall be fixed in advance and incorporated into a permit or application fee and shall
be based on the reasonable costs to be incurred by the city in connection with the regulatory
review authorized under this section. The foregoing does not prohibit a city from imposing
additional reasonable and cost based fees for costs incurred should an applicant amend its
application. On request, the amount of the consultant charges incorporated into the permit or
application fee shall be separately identified and disclosed to the applicant. The fee imposed by
a city for review of the aplication may not be used for either of the following
Travel time or expenses, meals, or overnight accommodations incurred in
the review of an aplication by a consultant or other third party.
Reimbursements for a consultant or other third party based on a contingent
fee basis or a results-based arrangement._
(g) The city may condition approval of an application for a new wireless support
structure on the provision of documentation prior to the issuance of a building permit
establishing the existence of one or more parties, including the owner of the wireless support
structure, who intend to locate wireless facilities on the wireless support structure. A city shall
not deny an initial land-use or zoning permit based on such documentation. A city may
condition a permit on a requirement to construct facilities within a reasonable period of time,
which shall be no less than 24 months.
(h) The city may not require the placement of wireless support structures or wireless
facilities on city owned or leased property, but may develop a process to encourage the
placement of wireless support structures or facilities on city owned or leased property,
including an expedited approval process.
(i) This section shall not be construed to limit the provisions or requirements of any
historic district or landmark regulation adopted pursuant to Part 3C of this Article.
"§ 160A-400.53. Collocation and eligible facilities requests of wireless support structures.
faeilitiesw
(a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation
Act of 2012, 47 U.S.C. § 1455(a), a city may not deny and shall approve any eligible facilities
request as provided in this section. Nothing in this Part requires an aplication and aproval for
routine maintenance or limits the performance of routine maintenance on wireless su port
structures and facilities, including in-kind replacement of wireless facilities. Routine
maintenance includes activities associated with regular and general upkeep of transmission
equipment, including the replacement of existing wireless facilities with facilities of the same
size. A city may require an aplication for collocation or an eligible facilities
request.
0 0
i4ents, of p4lie heafing o 0
al A collocation or eligible facilities request aplication is deemed complete unless the
city provides notice that the aplication is incomplete in writing to the aplicant within 45 days
of submission or within some other mutually agreed upon time frame. The notice shall identify
the deficiencies in the aplication which, if cured, would make the aplication complete. A city
may deem an aplication incomplete if there is insufficient evidence provided to show that the
proposed collocation or eligible facilities request will comply with federal, State, and local
safety requirements. A city may not deem an aplication incomplete for any issue not directly
Page 4 Session Law 2013-185 SL201 `� �'
49
related to the actual content of the application and subject matter of the collocation or eligible_
facilities request. An application is deemed complete on resubmission if the additional
materials cure the deficiencies indicated.
a2 The city shall issue a written decision approving an eligible facilities request
application within 45 days of such application being deemed complete. For a collocation
application that is not an eligible facilities request, the city shall issue its written decision to
approve or deny the application within 45 days of the application being deemed complete.
0 A city may impose a fee not to exceed one thousand dollars ($1,000) for technical
consultation and the review of a collocation or eligible facilities request application. The fee
must be based on the actual, direct, and reasonable administrative costs incurred for the review,
processing, and approval of a collocation application. A city may engage a third-party
consultant for technical consultation and the review of a collocation application. The fee
imposed by a city for the review of the application may not be used for either of the following_
Travel expenses incurred in a third-party's review of a collocation
application.
Reimbursement for a consultant or other third party based on a contingent
fee basis or results-based arrangement.
1, 2007*
0 0 0
et: v4r- ess 8- Pdt:e to�eh—the=v4t: ess f4eilities at:e—tee
The does t the a tt,
zzr�C�rrvCz'�t�6ir- 1�6-riirC�e-a$c-crr� "ccirrez'�-f�}3£vP .r'rt�
�7 The AvA.44-:e��esq`r facilities in t e p „$eeelleeation ee ply , ,4 1ieable
reg tiefis,t°cstnetiefis et:tCendition , if any, applied to tnc initial vciiele�s
The additional wireless f4eilities ee ,•1„ , ,;tl, all federal, Statecccr
safety „tom
(�
The eerrvczati6ir does-fiv ex6@ ccnnc-irpprrEablev�,elghcz limits zvr-cnc=v�4rrele�s
"
SECTION 2. Article 18 of Chapter 153A of the General Statutes reads as
rewritten:
"Part 3B. Wireless Telecommunications Facilities.
"§ 153A-349.50. Purpose and compliance with federal law.
(a) Purpose. — The purpose of this section is to ensure the safe and efficient integration
of facilities necessary for the provision of advanced mobile broadband and wireless
telecommunications services throughout the community and to ensure the ready availability of
reliable wireless service to the public, government agencies, and first responders, with the
intention of furthering the public safety and general welfare.
al The deployment of wireless infrastructure is critical to ensuring first responders can
provide for the health and safety of all residents of North Carolina and that, consistent with
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), which creates a national wireless emergency communications network for use by first
responders that in large measure will be dependent on facilities placed on existing wireless
communications support structures, it is the policy of this State to facilitate the placement of
wireless communications support structures in all areas of North Carolina. The following
standards shall apply to a county's actions, as a regulatory body, in the regulation of the
placement, construction, or modification of a wireless communications facility.
(b) Compliance with the Federal Communications Act. — The placement, construction,
or modification of wireless communications facilities shall be in conformity with the Federal
Communications Act, 47 U.S.C. § 332 as amended, section 6409 of the federal Middle Class
SL2013-185 Session Law 2013-185 1 `� �'
50
Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), and in accordance with the rules
promulgated by the Federal Communications Commission.
"§ 153A-349.51. Definitions.
The following definitions apply in this Part:
(1) Antenna. — Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
2a Base station. — A station at a specific site authorized to communicate with
mobile stations, _generally consisting of radio receivers, antennas, coaxial
cables,power suplies, and other associated electronics.
(2) Application. — A formal request submitted to the county to construct or
modify a wireless support structure or a wireless facility.
(3) Building permit. — An official administrative authorization issued by the
county prior to beginning construction consistent with the provisions of
G.S. 153A-357.
(4) Collocation. — The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers, buildings,
and other structures capable of structurally suporting the attachment of
wireless facilities in compliance with aplicable codes.T-he installation 0
ae,v�,=wireless f4eiliti€ss en pt:eviettsly appt:eved teitt ding tev�'er-s-'
i ttil ifigs ttlity poles, tet:ta*k-s.
4a 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.
(5) Equipment compound. — An area surrounding or near the base of a wireless
suport structure within which a wireless facility is located.E"ipfnefit
Of t4et: o rt f f r too tt:a ,miss;,, ptio, of, roles
t signals.
(5a) Fall zone. — The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
(6) Land development regulation. —Any ordinance enacted pursuant to this Part.
(7) Search ring. — The area within which a wireless suport facility or wireless
facility must be located in order to meet service objectives of the wireless
service provider using the wireless facility or wireless support structure.
7a Substantial modification. — The mounting of a proposed wireless facility on
a wireless suport structure that substantially changes the physical
dimensions of the suport structure. A mounting is presumed to be a
substantial modification if it meets any one or more of the criteria listed
below. The burden is on the local government to demonstrate that a
mounting that does not meet the listed criteria constitutes a substantial
change to the physical dimensions of the wireless suport structure.
a. Increasing the existing vertical height of the structure by the greater
of(i) more than ten percent (10%) or (ii) the height of one additional
antenna array with separation from the nearest existing antenna not to
exceed 20 feet.
b. Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable, adding an
appurtenance to the body of a wireless suport structure that
protrudes horizontally from the edge of the wireless suport structure
the greater of(i) more than 20 feet or (ii) more than the width of the
wireless suport structure at the level of the apurtenance.
C. Increasing the square footage of the existing equipment compound
by more than 2,500 square feet.
(8) Utility pole. — A structure that is designed for and used to carry lines, cables,
or wires for telephone, cable television, or electricity, or to provide lighting.
Page 6 Session Law 2013-185 SL201 `� �'
51
8a Water tower. — A water storage tank, a standpipe, or an elevated tank
situated on a support structure originally constructed for use as a reservoir or
facility to store or deliver water.
(9) Wireless facility. — The set of equipment and network components, exclusive
of the underlying wireless support structure or tower, including antennas,
transmitters, receivers, rfs--base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and wireless
telecommunications services to a discrete geographic area.
(10) Wireless support structure. — A new or existing structure, such as a
monopole, lattice tower, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless
support structure.
153A-349.51A. Local authority.
A county may plan for and regulate the siting or modification of wireless support structures
and wireless facilities in accordance with land development regulations and in conformity with
this Part. Except as expressly stated, nothing in this Part shall limit a county from regulating_
applications to construct, modify, or maintain wireless support structures, or construct, modify,
maintain, or collocate wireless facilities on a wireless support structure based on consideration
of land use, public safety, and zoning considerations, including aesthetics, landscaping-,
structural design, setbacks, and fall zones, or State and local building code requirements,
consistent with the provisions of federal law provided in G.S. 153A-349.50. For purposes of
this Part, public safety includes, without limitation, federal, State, and local safety regulations
but does not include requirements relating to radio frequency emissions of wireless facilities.
"§ 153A-349.52. Construction of new wireless support structures or substantial
modifications of aff- hies fin wireless support structures.
.
fFe"e o of v,ir-eless f,,eilities
(b) Any person that proposes to construct a new wireless support structure or
substantially modify a wireless support structure ^r ,,4eless f edit. within the planning and
land-use jurisdiction of a county must do both of the following:
(1) Submit a completed application with the necessary copies and attachments to
the appropriate planning authority.
(2) Comply with any local ordinances concerning land use and any applicable
permitting processes.
(c) A county's review of an application for the plaeemefit lacement or
construction of a new wireless support structure or substantial modification of a '€less
faei wireless support structure shall only address public safety, land development, or
zoning issues. In reviewing an application, the county may not require information on or
evaluate an applicant's business decisions about its designed service, customer demand for its
service, or quality of its service to or from a particular area or site. A county may not require
information that concerns the specific need for the wireless support structure, including if the
service to be provided from the wireless support structure is to add additional wireless coverage
or additional wireless capacity. A county may not require proprietary, confidential, or other
business information to justify the need for the new wireless support structure, including
propagation maps and telecommunication traffic studies. In reviewing an application the county
may review the following:
(1) Applicable public safety, land use, or zoning issues addressed in its adopted
regulations, including aesthetics, landscaping, land-use based location
priorities, structural design, setbacks, and fall zones.
(2) Information or materials directly related to an identified public safety, land
development or zoning issue including evidence that no existing or
SL2013-185 Session Law 2013-185 1 `� �'
52
previously approved wireless support structure can reasonably be used for
the ^wireless facility placement instead of the construction of a new
wireless support structure, that residential, historic, and designated
scenic areas cannot be served from outside the area, or that the proposed
height of a new r—wireless suport structure or initial ^ a-wireless
facility placement or a proposed height increase of a substantially modified
wireless suport structure, or replacement wireless su port
structure or collocation is necessary to provide the applicant's designed
service.
(3) A county may require applicants for new wireless facilities to evaluate the
reasonable feasibility of collocating new antennas and equipment on an
existing wireless suport structure or structures within the applicant's search
ring. Collocation on an existing wireless suport structure is not reasonably
feasible if collocation is technically or commercially impractical or the
owner of the texisting wireless suport structure is unwilling to enter
into a contract for such use at fair market value. Counties may require
information necessary to determine whether collocation on existing wireless
support structures is reasonably feasible.
(4) AE011eeation applieation entitled to stt:eamlifi eeessifig trndetf
G.S. 153A 349.53 shall be deemed eemplete ttaless the eity pt:ovides notiee in �N,Fitiflg to 44e
additional mate..;,,,s ettt:e the defies es identified.
(e) The county shall issue a written decision approving or denying an application V�,ithifl
G.S.45 days in the ease of eolleeation applieations entitled to stt:eamlified pt:oeessifig ttadef
3A 349 under this section within a reasonable period of time consistent with the
issuance of other land-use permits in the case of other applications, each as measured from the
time the application is deemed complete.
(f) A county may fix and charge an application fee, consulting fee, or other fee
associated with the submission, review, processing, and approval of an application to site new
wireless suport structures or to substantially modify wireless support structures or wireless
facilities that is based on the costs of the services provided and does not exceed what is usual
and customary for such services. Any charges or fees assessed by a county on account of an
outside consultant shall be fixed in advance and incorporated into a permit or application fee
and shall be based on the reasonable costs to be incurred by the county in connection with the
regulatory review authorized under this section. The foregoing does not prohibit a county from
imposing additional reasonable and cost based fees for costs incurred should an applicant
amend its application. On request, the amount of the consultant charges incorporated into the
permit or application fee shall be separately identified and disclosed to the applicant. The fee
imposed by a county for review of the aplication may not be used for either of the following
Travel time or expenses, meals, or overnight accommodations incurred in
the review of an aplication by a consultant or other third party.
Reimbursements for a consultant or other third party based on a contingent
fee basis or a results-based arrangement._
(g) The county may condition approval of an application for a new wireless support
structure on the provision of documentation prior to the issuance of a building permit
establishing the existence of one or more parties, including the owner of the wireless support
structure, who intend to locate wireless facilities on the wireless support structure. A county
shall not deny an initial land-use or zoning permit based on such documentation. A county may
condition a permit on a requirement to construct facilities within a reasonable period of time,
which shall be no less than 24 months.
(h) The county may not require the placement of wireless support structures or wireless
facilities on county owned or leased property, but may develop a process to encourage the
placement of wireless support structures or facilities on county owned or leased property,
including an expedited approval process.
(i) This section shall not be construed to limit the provisions or requirements of any
historic district or landmark regulation adopted pursuant to Part 3C of this Article.
Page 8 Session Law 2013-185 SL201 `� �'
53
"§ 153A-349.53. Collocation and eligible facilities requests of wireless support
structures.f-°^i
(a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation
Act of 2012, 47 U.S.C. § 1455(a), a county may not deny and shall approve any eligible
facilities request as provided in this section. Nothing in this Part requires an aplication and
approval for routine maintenance or limits the performance of routine maintenance on wireless
suport structures and facilities, including in-kind replacement of wireless facilities. Routine
maintenance includes activities associated with regular and general upkeep of transmission
equipment, including the replacement of existing wireless facilities with facilities of the same
size. A county may require an aplication for collocation or an eligible facilities
request.
0 0 i4ents, e p4lie heaFing o 0
al A collocation or eligible facilities request aplication is deemed complete unless the
county provides notice that the aplication is incomplete in writing to the aplicant within 45
days of submission or within some other mutually agreed upon time frame. The notice shall
identify the deficiencies in the aplication which, if cured, would make the aplication
complete. A county may deem an aplication incomplete if there is insufficient evidence
provided to show that the proposed collocation or eligible facilities request will comply with
federal, State, and local safety requirements. A county may not deem an aplication incomplete
for any issue not directly related to the actual content of the aplication and subject matter of
the collocation or eligible facilities request. An aplication is deemed complete on
resubmission if the additional materials cure the deficiencies indicated.
a2 The county shall issue a written decision aproving an eligible facilities request
application within 45 days of such aplication being deemed complete. For a collocation
application that is not an eligible facilities request, the county shall issue its written decision to
approve or deny the aplication within 45 days of the aplication being deemed complete.
0 A county may impose a fee not to exceed one thousand dollars ($1,000) for
technical consultation and the review of a collocation or eligible facilities request aplication.
The fee must be based on the actual, direct, and reasonable administrative costs incurred for the
review, processing, and aproval of a collocation aplication. A county may engage a
third-party consultant for technical consultation and the review of a collocation or eligible
facilities request aplication. The fee imposed by a county for the review of the aplication
may not be used for either of the following:
Travel expenses incurred in a third party's review of a collocation
application.
Reimbursement for a consultant or other third party based on a contingent
fee basis or results-based arrangement.
1, 2007*
�c4 The stFeamlifled pFeeess set fet4h in s4seetion (a) of this seetion shall apply to all
(b) of this seetio that meet the f llevfig
0 0 0
(11 The eellee t;e„a d-A-es maet. o e the e, 0,-.,11 height and z ,;.atl, of the tey,eF
er vAr- ess 8- PdFe to�eh—the=vAF ess f4eilities aFe—tee
The does ' the a the zzr�C�rrvcz'�t�6ir-ccvcr136-riirC�e-a$c-crr� "ccirr°cc'�-f�}3�'vP .r'rt�
plan f F e „t o ,.1„s,,,es and . eill,,-x, f e l;ties
Feplations, F°estnet46iis AFcendition , if any, applied to the initial vAr-el s
The additional vAFeless f4eilities ee ,•1y z ,;tl, all fedeF 1cl.rtat cccr
safety „tom
SL2013-185 Session Law 2013-185 1 `� �'
54
The eerrvczati6ir-does-iiv €x6 @ccrcrrc-irpprr ev�,€ight limits zvr-Sac=vArr �s
SECTION 3. G.S. 146-29.2 reads as rewritten:
"§ 146-29.2. Lease .or interest in real property for
communication purposes.
(a) The following definitions aply in this section:
Antenna. — Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
Buildings. — Structures owned or leased by the State on which equipment
may be placed or attached.
Collocation. — The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers, buildings,
and other structures capable of structurally suporting the attachment of
wireless facilities in compliance with aplicable building and line safety
codes.
Equipment. — Antennas, transmitters, receivers, cables, wires, transformers,
power suplies, electric and communication lines necessary for the provision
of television broadcast signals, radio wave signals, wireless data or wireless
telecommunication services to a discrete geographic area, and all other
apparatuses and apurtenances, including shelters, cabinets, buildings,
platforms, and ice bridges used to house or otherwise protect equipment.
Ground area. — The area of real property surrounding the base of towers on
which the equipment and apurtenances necessary for the operation and
stability of the towers, including"y wires and security fencing, are
constructed or installed.
Provider. — Any person that is engaged in the transmission, reception, or
dissemination of television broadcast signals, radio wave signals, or
electromagnetic radio signals used in the provision of wireless
communications service, or the provisioning of wireless infrastructure.
Tower. — New or existing structures, such as a monopole, lattice tower,
guyed tower, fire observation tower or water tower that are designed to
suport or are capable of suporting equipment used in the transmission or
receipt of television broadcast signals, radio wave signals, or
electromagnetic radio signals used in the provision of wireless
communication service.
The State may lease real property, or may grant an easement or license with an
interest in real property for the following communication purposes:^ny ifit°rest M real pfepet4y,
f,.t,,e r o „�
nstfuetio and plaee eft of ^^ti^rEConstructing, installing, and
operating towers and equipment on State land.'a plaeemefit of
„to,,,,,s "en State emied
Installing and operating equipment on towers, buildings, or ground area
owned or leased by the State.
(c) If otherwise feasible and determined by the Department of Administration to be in
the best interest of the State:
New towers constructed on State land shall be designed for collocation. This
requirement shall not aply to towers constructed on State land by the State
or any of its agencies or by a "public entity" as that term is defined in
G.S. 146-29.1(b).
The State shall encourage the collocation of equipment on existing towers
and buildings owned by the State.
The State shall sublease for collocation purposes space on any tower or
ground area leased by the State, if allowed under the terms of the lease.
The State shall, to the extent practicable, adopt standard terms and
conditions for aplications to lease, easements, or other conveyances of an
interest in real property for communication purposes.
Pursuant to G.S. 143-341(4)f., the Governor, acting with the aproval of the Council
of State, may adopt rules authorizing the Department of Administration to enter into or aprove
Page 10 Session Law 2013-185 SL201 `� �'
55
classes of leases, easements, or licenses with an interest in real property for the purposes set
forth in this section. The rules may allow for execution of leases or other instruments by the
Department of Administration rather than execution of the instruments in the manner
_prescribed in G.S. 146-74 through G.S. 146-78.
(e) Land in the State Parks System, as defined in G.S. 113-449.9, may only be leased or
conveyed for the purposes of this section upon the approval of the Secretary of the Department
of Environment and Natural Resources. Lease or conveyance of land in the State Parks System
for the purposes of this section shall comply with the requirements of Articles 2 and 2C of
Chapter 113 of the General Statutes. When selecting a location for a communications tower or
antenna in the State Parks System, the State shall choose a location that minimizes the visual
impact on the surrounding landscape. No land acquired or developed using funds from the
Federal Land and Water Conservation Fund shall be leased or conveyed for the purposes of this
section.
Th f fl-&A,;„n additional r fits shall ply to stteh leases.
(4-) The lease shall t:e"it:e t4e lessee to pefmit et4et:teleeemmtmieatiefis eat:t4
between t o lessee and t e 66-r eciting viric=cH61 t e
66micHiviti6as
feasible a tc-cnirc leeation, t4e ee mi tmieatiefis-t6A,€t-shall be d, i
eenstfueted to . ed t° etl,°,- „ t e tey,°,
The State sl all, 'n detet:mi lv^eatio,, of lands to be leased
E6iimtmieatiefis tevP,ers, eneezltage eemmtmieatiefis tevP,et:s to be leeat€s
tl,°,- eemmtmieatiefis t„zv,°, to t e extent t°,.1,,,;,ally desi- ble
�7 The State shall, vTc'il'iefi Chiv6$H1 ntmieutiefis t$vPCrvran efina leeati6ir
e oese—a leeation v�iei mmimiz° tc�--cne-vTsttal impaet en „ding
l
(4) The State shall fiet lease lands of t4e State Pat:ks System fet: stteh •
Fet: pt1t=p6ses of ter-misseeti6n, "ee leeate and e6-166aation" mean t ie"rhaFing of a
(f City and county ordinances apply to communications towers and antennas
authorized under this section."
SECTION 4. Sections 1 and 2 of this act become effective October 1, 2013, and
apply to applications received on or after that date. The remainder of this act is effective when
it becomes law.
In the General Assembly read three times and ratified this the 18th day of June,
2013.
s/ Tom Apodaca
Presiding Officer of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:08 p.m. this 26th day of June, 2013
SL2013-185 Session Law 2013-185 PZ `� �'
56
ATTACHMENT3
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 LIDO
• Red St-Fikethfoug Tex : Denotes existing text that staff is proposing to delete
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:
ho://orangecgMtac.gov/planningLOrdinanceL.asR
Article 2: Procedures
Section 2.7:Special Use Permits 57
2. 11 Conditions of Approval
(A) The Board of County Commissioners or the Board of Adjustment, as appropriat , may
impose such reasonable conditions upon approval of a Special Use as will aff d
protection of the public health, safety and general welfare, ensure that subs ntial justice
is done, and equitable treatment provided.
(B) Conditions shall run with the land and use, and shall be binding on the riginal
plicant(s) as well as all successors, assigns and heirs.
(C) Th Special Use Permit shall include a statement that if any condi i n of a Special Use
Perm' shall be held invalid or void, then the permit itself shall be oid and of no effect.
(D) It shall b stated in the Special Use Permit that the Permit sh I automatically expire
within 12 onths of the date of approval if the use has not mmenced or construction
has not com enced or proceeded unless a timely applic on for extension of this time
limit is approv by the Board of County Commissioner as provided in Section 2.7.13.
2.7.12 Notification of Board Act n
(A) The Planning Director hall send a notice of the levant Board's action on the application
by certified mail to the a licant. A copy of th decision shall be filed in the Planning
Department within five bu mess days of the levant Board's action.
(B) The Planning Director, in the c e of ap roval or approval with conditions, shall issue the
necessary permit in accord with t e B ard's action.
(C) The Planning Director, but not a d i nee, shall certify that the Special Use Permit with
any imposed conditions is as ap ove by the Board of County Commissioners or Board
of Adjustment, as appropriate, ith a re rt provided to the County Manager.
(D) Once the Special Use Per it has been certifi d, the applicant shall record the permit with
the Orange County Re ter of Deeds in a form t prepared by the Planning Director.
Failure to do so within 0 days from certification all 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 ex 'res, the Board of County
Commission s, for good cause shown, may extend the e iration deadline six months
upon the f orable recommendation of the Planning Board.
(B) The ap cation for an extension request shall be submitted a m imum of six months
prior t the expiration of the Special Use Permit.
(C) No hanges shall be made to the terms and/or conditions of approva.
(D) my 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 ti ely manner,
and that delays have resulted from factors beyond the control of the applica .
( For developments which require approval of a Special Use Permit, the applica may
request that the Special Use Permit be vested as a Site Plan for a period of not I s than
two nor more than five years. For vesting purposes, Site Plans and Preliminary PI
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
58 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( O) 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:'
(a) An increase in the existing vertical height of the structure by:
(i) More than 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
J4%(ifi)L Above established height limits as detailed within this Ordinance
or within the approved permit application,
(b) An increase in height requiring the telecommunication provider to
demonstrate compliance with other State or Federal regulations, most
notably the installation of lighting.
(c) The addition of an appurtenance to the body of the telecommunication
facility that protrudes horizontaliv from the edge of the wireless support
structure the greater of
(i) More than 20 feet or
(ii) More than the width of the wireless support structure at the level
T of the appurtenance.
(d) 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.
i Staff has added language from the Session Law into this Section of the UDO to further detail what constitutes a
modificaiton'to a telecommunication facility.
Orange County, North Carolina—Unified Development Ordinance Page 2-21
Article 2: Procedures
Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments 5
(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 Zoning Atlas and
modification, the Planning Director shall require UDQ Amendments
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 Application
modification: Submittal
(1) The applicant shall provide an amended
site plan and written narrative outlining the
specific changes requested. S aff Assessme t
nd Anal s'
(2) The Planning Director shall submit the y '
request to the Board that approved the
original application.
(3) The Board shall set a public hearing to Schedu e/tg vertise
receive testimony concerning the Public H and
modification request. Any public hearing Mail R quired
called pursuant to a modification of an Notif' tions
approved special use permit shall be held
in conformity with the relevant public Hold ublic H aring
notification requirements contained in this.
Article. and eceive blic
Comments
(4) The Board may approve, approve with
conditions, or deny the application for a
modification.
(5) The Planning Director shall file the
PI nning Board Revie
Board's action in the Planning Department nd Recommendation
as an amendment request to the original
application and shall notify the applicant
of the Board's action. Decision by the BOCC
2.8.1 Review a Approval Flow Chart
The review and a oval process for a Zoning Atlas and Unified Develo ent Ordinance
Amendment is shown i e procedure's flowchart.
2.8.2 Amendment Initiation
(A) An amendment to this Ordinance he ing Atlas may be initiated by:
(1) The Board of County Co fission on its own motion;
(2) The Planning Boar ,
(3) Application any person or agency, or
(4) The anning Director.
(B) If a r est for consideration of an amendment proposal is submitted dire to the
and of County Commissioners, said Board may decline to consider the requ or may
refer the amendment proposal to the Planning Director for preparation of an amen nt
application.
Orange County, North Carolina—Unified Development Ordinance Page 2-22
Article 5: Uses
60 Section 5.10: Standards for Telecommunication Facilities
Staff Note: We are including all of e removed within 12 months from the e the
Section 5.10 to provide the Board with ise of the facility.
the necessary context of proposed cture is removed th operty, the owner shall obtain
amendments. This amendment, sion Control its to re-stabilize the property. The
however, is only intended to address pleti all be determined by the Orange County
er.
incorporation of new language in State
law. Staff cannot make wholesale rovide i cial security in form and amount acceptable
cure the expe of dismantling and removing said
changes to non relevant sections due to
the nature of the public hearing legal he facility, the Department sha se a notice to be
advertisement. e Orange County Registrar of Deeds o indicating
pecial Use Permit has been revoked.
RA=114 III[*U IVA 111=3 ' 17-11 NOMMO ' • ` • '
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan ("Plan")
(A) The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the February Quarterly Public
Hearing. Any applicant requesting modification of the Plan shall make application to the
Planning Director on or before December 1 st of each year. The fee for modifying the
Plan shall be that as set forth in the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Orange County, North Carolina—Unified Development ordinance Page 5-80
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 61
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31St of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
(1) The meeting shall occur by the end of January of each calendar year.
(2) Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County.
(3) The County shall notify each party of the date, time, and place of the meeting no
later than 30 days prior to the meeting.
(4) Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
submittal of an application, it will prevent the applicant's ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year.
(D) Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1) Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 5-81
Article 5: Uses .
62 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
I Ordinance.z
2 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
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Section 5.10: Standards for Telecommunication Facilities 63
appFeved in the site plan f9F equipment enGlleswes and aRGiI
faGil 3
LG)(b) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
J4 c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
e{ &F ) 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.
3 Staff deleted this section as new State regulations allows for an increase in existing equipment compounds
associated with the review/processing of a collocation application.
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64 Section 5.10:Standards for Telecommunication Facilities
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building,water tank, or transmission
line;
(6) If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25%of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
(8) Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C) Standards for Non-Stealth Rooftop or Building,Water Tank or Transmission Line
Mounted Antennas
In addition to the standards established in Sub-Section (A)above, the following are
applicable to all Non-Stealth Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure, water tank, or transmission line;
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b) The utility poles shall be located on public property, within public
easements, or public rights-of-way.
(c) The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina, and competent to evaluate
antenna choices.
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Section 5.10: Standards for Telecommunication Facilities
65
(d) The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
(e) Placement of an antenna on a utility pole shall only be on poles owned or
operated by a public utility authorized to operate in the County, a County
franchisee, or Orange County.
(f) All relocation costs associated with any relocation of the antenna
necessitated by roadway or sidewalk improvements shall be borne by
the telecommunications provider.
5.10.8 Wireless Telecommunications Support Structures—Submittal and Review Requirements
(A) General Submittal Requirements for all Telecommunication Support Structures
(1) Submittal Requirements
(a) A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required.
(b) A detailed description of the proposed telecommunication support
structure (i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s) for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage for the proposed
telecommunication support structure.
(c) Elevation drawings and color renderings of the proposed tower showing:
(i) The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii) All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii) The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv) If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d) A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i) Shall be maintained in a safe manner,
(ii) Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii) Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations.
(e) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
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66 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.
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Section 5.10: Standards for Telecommunication Facilities 67
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—Cs-IeoaltionCoilocation4 of Antennas
In addition to the requirements denoted herein, applications for the se-
lesatieecollocation 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 Ge44esatien-collocation 5is 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 so-lesatieRcollocation 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
4 Correction of spelling to ensure consistency within the UDO.
s Correction of a grammatical error. There is no need for the word to be capitalized.
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68 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—Ce-{esationsCollocations 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 se-lesat+enscollocations. No
co-locator shall be refused access for se-lesatisncollocation by charging
exorbitant lease fees. Public safety provider se-lesationscollocations
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
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Section 5.10: Standards for Telecommunication Facilities
69
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-lesationcollocation of wireless
telecommunications equipment and mitigating the visual effect of a
wireless telecommunication support structure to an extent not
commercially impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) -Balloon Test
(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10'3"
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates(including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
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70 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.
(ii) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a. Wireless telecommunication support structure height;
b. Existing and planned wireless support structure users;
C. Whether the existing wireless telecommunication
support structure could accommodate the
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Section 5.10:Standards for Telecommunication Facilities 71
telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d. If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
e. Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f. Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g. Any additional information requested by the County.
(iii) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
(e) Documentation from applicable state or federal agencies indicating
requirements,which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 12
months.
(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Sections 2.7.5 and 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(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.
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72 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:
(i) The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
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Section 5.10: Standards for Telecommunication Facilities 73
(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+encollocation 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
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Article 5: Uses ,
74 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-lesationcollocation
by the applicant.
b. Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County's consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved. There must be an
80% approval vote of the deciding board for this specific
finding to pass the exception criteria.
(c) Setbacks
(i) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110%of the wireless support
structure height.
(ii) If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
the subject property.
(iii) Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20%of the tower height, or the minimum required setback.
(iv) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d) Access
(i) At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
assure adequate emergency and service access.
(ii) Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(iii) Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv) Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i) A Type C Landscape Buffer shall be provided between the
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 75
wireless support structures and its accessory structures and
adjoining property/properties.
(ii) Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii) Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv) New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
(v) Proposed plantings(name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi) Landscaping shall provide a screen on a year-round basis.
(f) The visibility of the balloon to adjacent properties and the surrounding
area shall not constitute sole justification of denial of a permit application,
but is an indication of what location on the site may be less visually
intrusive.
(g) The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
(h) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i) All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
(j) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k) Fences and Walls
(i) An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii) Fences shall be required around guy wire tie downs
(iii) A fence or wall may be placed around the perimeter of the facility
to include guy wire tie downs and associated equipment should
the applicant/owner wish to do so.
(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 ,
76 Section 5.10: Standards for Telecommunication Facilities
not work technologically and that such would have the effect of
prohibiting the provision of service in the County.
(n) Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o) Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may be required by the County.
(p). Antennas
(i) All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii) If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA's
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations.A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
Orange County, North Carolina—Unified Development Ordinance Page 5-96
' Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 77
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
78 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 79
(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
se-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.
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Article 5: Uses .
80 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 $1
f. The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
(D) Fees
(1) A filing fee as set by the Board of County Commissioners shall be paid upon
application for a Site Plan/Zoning Compliance Permit Application, a Building
Permit application, or Special Use Permit.
(2) An inspection fee is due the County at the time of all required future inspections
as detailed within Section 5.10.8(C)(1)(c) of this Ordinance. Such fees may
reflect the County's fully allocated costs, and shall not exceed such costs.
(3) Public land or right-of-way lease agreements shall be established by separate
instrument and recorded prior to the issuance of Building Permits.
(4) Consultant Fee. Regardless of the type of telecommunication support structure
proposed (i.e. administrative approval, special use permit, s949satk*m1location,
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.
Ge„sulting fees JnGurr�pF;eF to the-forfnal submittal of are application. The
the$1,000 paFtial payment .forma! 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:
6 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
82 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 Sollection Facilities Owned and Operated by A Public Agenc r the Purpose
of Waste by Orange County Residents
(A) General Sta rds
(1) The site shal sist of a parcel, or ea s ent across a parcel, (whether owned
or leased by the pu agency)w ' has been recorded by the Orange County
Register of Deeds.
(2) The parcel or ease across th rcel, (whether owned or leased by the
public agency which the facility is lo 7,,d shall contain a minimum area of
40,000s re feet.
(3) parcel or easement shall have frontage on a State intained road.
A Type B landscape buffer, 30' in width, shall be provided along perimeter of
the parcel or easement.
Orange County, North Carolina—Unified Development Ordinance Page 5-102
Article 10: Definitions
Section 10.1: Definitions 83
ubdivision, Minor
A ivisicn of a tract of land that does not:
Create more than five lots, including the residual acreage, from any one tract of Ian in any 24
month period;
b) edicate or improve any new public street other than widening an existing publi street;
c) E end public water and/or sanitary sewerage systems other than laterals to s rve individual lots;
d) Ned ssitate the installation of drainage improvements which would require sements through
one more lots to serve other lots; and
e) At the o tion of the applicant, involve vesting of the subdivision for a per" d greater than one
year.
Substantial dam a e
Damage of any origin su tained by a structure during any one year peri whereby the cost of restoring
the structure to its before- maged condition would equal or exceed 5 /o of the market value of the
structure before the damage ccurred. See definition of"substantial mprovement." Substantial damage
also means flood-related dam e sustained by a o
structure n two eparate occasions during a ten-year
period for which the cost of repai at the time of each such floo vent, on the average, equals or
exceeds 25% of the market value the structure before the d age occurred.
Substantial improvement
Any combination of repairs, reconstructio rehabilitation addition, or other improvement of a structure,
taking place during any one year period wh reby the c st of which equals or exceeds 50% of the market
value of the structure before the start of cons uction f the improvement. This term includes structures,
which have incurred substantial damage, regar es of the actual repair work performed. The term does
not, however, include either any correction of exi ng violations of State or Orange County health,
sanitary, or safety code specifications which ha e b en identified by the Orange County code
enforcement official and which are the minim nece sary to assure safe living conditions, or any
alteration of a historic structure provided th the altera i n will not preclude the structure's continued
designation as a historic structure.
Support System
A combination of footers, piers, cap , and shims that will, when roperly installed, support the mobile
home. Masonry walls may be ins Iled as a cosmetic feature.
Telecommunication F ilities, Accessory Use
A use incidental to, subordi ate to, and subservient to the principal use the property. As defined in this
section an accessory use .s a secondary use.
Telecommunica ' n Facilities, Antenna
A system of electri I conductor communications equipment that transmits and/o receives
electromagnetic r dio signals used in the provision of all types of wireless commun ations services.
Telecom nication Facilities, Applicant
Any wireles service provider or wireless support structure owner submitting an applicatio fora wireless
facility.
Tel ommunication Facilities, Application
A f mal request, containing all necessary and required documentation, submitted to Orange Cou to
C struct 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.'—
7 The tenn base station is new to State Law and we are adding the definition to the UDO.
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Article 10: Definitions
84 Section 10.1: Definitions
Telecom 'cation Facilities, Building Code
The most recently adop mended edition of the North Caro' e Building Code.
Telecommunication Facilities . ing pe
An official Orange Count istrative authorization to begin cons r onsistent with the provisions
of N.C.G.S. -
Telecommunication Facilities, Collocation
tF GtUFes build RgS utility poles, and wale.tanks. The placement or installation of wireless facilities on
existing structures including electrical transmission towers,water towers, buildings, and other structures
capable of structurally supporting the attachment of wireless facilities in compliance with applicable
codes.
TtfeGommunication Facilities, Commercial Impracticability or Co y
Impracticable
The inability to perform an act on terms ason commerce, the cause or occurrence of
which could not have been reasonably an or fore that jeopardizes the financial efficacy
of the project. The inabilit . ve a particular financial return on inves rofit, standing alone,
and for a sin I all not deem a situation to be commercially impracticable and shall n n
e 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.
munication Facilities, EIA-222
Electronics In sociation Standard 222 (Structural Standar eel Antenna Wireless support
structures and Antenna Suppo ures).
Telecommunication ' ' Iles, Equipment enc o
An enclose re, cabinet, or shelter used to contain radio or other equip essary for the
fission or reception of wireless communication signals.
Telecommunication Facilities, Eligible Facilities Request
A request for modification of an existinq wireless tower or base station that involves collocation of new
transmission uieg ipment or replacement of transmission equipment but does not include a substantial
modification.
communication Facilities, Existing Structure/Building
For purpo f this Section, any building or structure that currently exist on rcel of land. Such
structures may inc but shall not be limited to, telecommunicatio fireless support structures,
overhead transmission line s rt structures, water tanks ' , churches, schools, and utility poles.
Telecommunication Facilities, E o Conditions
Conditions subsequent to a hurri , flood, tornado, or o tural or other disaster.
Telecomm ion Facilities, FAA
The F Aviation Administration or its duly designated and authorized successor age
a Our existing defmition has,which was taken from State law,been modified to comply with recent changes adopted
as part of the 2013-185 Session Law.
9 Adding a new definition detailed within the Session Law.
10 Adding a new definition detailed within the Session Law. Appropriate reference has also been included within the
telecommunication regulations section of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 10-51
Article 10: Definitions
Section 10.1: Definitions 5
ecommunication Facilities, Personal Wireless Services (PWS) or Per nal
Tele mmunications Service (PTS)
As define and used in the 1996 Telecommunications Act.
Telecommu ' ation Facilities, Repairs and maintenance
The replacement o epair of any components of a wireless facility where the placement is identical to
the component being r laced or for any matters that involve the normal r air and maintenance of a
wireless facility without th ddition, removal or change of any of the p sical or visually discernable
components or aspects of a , eless facility that will add to the visib appearance of the facility as
originally permitted, but does no onstitute a modification to a wi less facility or support structure.
Telecommunication Facilities, oofline
The overall ridgeline of the structure, not i uding cup s, elevator towers, clock towers or other similar
features.
Telecommunication Facilities, Sear rig
The area within which a wireless supports cture mus e located in order to meet service objectives of
the wireless service provider using the ' eless facility or i less support structure.
Telecommunication Facili 'es, Self-Support/Lattice ireless support structure
A tapered structure broad at t base and narrower at the top consis i of cross-members and diagonal
bracing and without guyed pport.
Telecommunica ' n Facilities, Stealth or Stealth Technology
A design or treat nt that minimizes adverse aesthetic and visual impacts on the d, property,
buildings, and er facilities adjacent to, surrounding, and in generally the same area s the requested
location of ch wireless support structures, which shall mean building the least visually d physically
intrusive cility that is not technologically or commercially impracticable under the facts and
circu tances. Stealth technology includes such technology as Distributed Antenna System ( S) or its
fu tonal equivalent or camouflage where the structure is disguised to make it less visually obtrusi and
t recognized to the average person as a wireless support structure.
Telecommunication Facilities, Substantial Modification
The mounting of a proposed wireless facility on a wireless support structure that substantially changes
the physical dimensions of the support structure.
communication Facilities, Telecommunication Equipment
Equip t,which is located either upon a telecommunication tower or a structure and udes some
form of ante for the purpose of transmitting and receiving wireless services.
Telecommunicatio acilities, Wireless facility Stealth
A wireless support structure ned using stealth technology s that its primary purpose is, or
visually appears to be, something o r than the support of communications equipment, the apparent
purpose of the wireless support structure customaril nsidered as accessory to a use that is allowed
in the zoning district, and the structure and its use comply with this Ordinance.
Telecommunication Facilities ility pole
A structure that is designed for a sed to carry lines, cables, ires for telephone, cable television, or
electricity, or to provide light
Telecommun' ion Facilities, Unforeseen Events
Condemnat s of existing telecommunications wireless support structures for road pr * ts, casualty of
existin ecommunications wireless support structures, blocking of signals from new cons ion
n ssitating a relocation of a telecommunication wireless support structure, or the need to repla n
Orange County, North Carolina—Unified Development Ordinance Page 10-53
Article 10: Definitions
86 Section 10.1: Definitions
existin unication wireless support structure for capacity issues o r reasons deemed
necessary by the County rector or his/her desi
Telecommunicati lies, Whip Antenna
A c Ii 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
A ew or existing structure, such as a monopole, lattice, or guyed tower that is designed to suppo or
cap le of supporting wireless facilities. A utility pole is not a wireless support structure.
Teleco munication Facilities, Wireless Telecommunications Facility ( F),
Includes oth Telecommunications Site and Personal Wireless Facil'
A structure, fa 'ity or location designed, or intended to be used as, or used to support ntennas or other
transmitting or re eiving devises. This includes without limit wireless support struct es of all types, kinds
and structures, inc ing, but not limited to buildings, church steeples, silos, water owers, signs or other
structures that can be sed as a support structure for antennas or the function equivalent of such. If
further includes all relat facilities and equipment such as cabling, equipme shelters and other
structures associated with he facility. It is a structure and facility intended r transmitting and/or
receiving radio, television, c lular, SMR, paging, 911, personal communi ations services (PCS),
commercial satellite services, icrowave services, and any commerci wireless telecommunication
service not licensed by the FCC.
Temporary Residential Mobile Ho e
A mobile home, intended for residential use f a limited eriod of time, for purposes of providing for
custodial care under a Class B Special Use Pe it or roviding temporary residential space during the
installation of a replacement mobile home or cons tion of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of C i ate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a per anen or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential u , consisting of one more modules constructed off the ultimate
site of use. The building is also not at ched to a permanent or mi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are ' the process of changing from rural to an densities and/or intensities,
that are suitable for higher d sities and/or intensities_and could be provi d with public utilities and
services within the first 10- ear phase of the Comprehensive Plan update o here such utilities and
services are already pre ent or planned. Non-residential uses implemented in ccordance with small
area plans and/or ove ay districts may be appropriate.
Tourist Hom
A building or g up of attached or detached buildings containing, in combination, three t nine lodging
units for occ ancy for daily or weekly periods, with or without board, and primarily for occ ancy by
transients s distinguished from rooming houses, in which occupancy is primarily by reside n rather than
transien
Tr is Generation: Low
es which generate an average of less than 200 vehicle trips per day.
Orange County, North Carolina—Unified Development Ordinance Page 10-54