HomeMy WebLinkAboutAgenda - 04-01-2008-c2aORANGE COUNTY
BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: April 1, 2008
Action Agenda
Item No. C.2.a
SUBJECT: Telecommunication Wireless Facility Zoning Ordinance Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT:
A Resolution and Ordinance to Revise the
Orange County Telecommunication
Facilities Regulations
INFORMATION CONTACT:.
Craig Benedict, Planning Director, 245 2592
Glenn Bowles, Planner II, 245 2577
PURPOSE: To receive public comments concerning. proposed amendments to four
sections/articles of the Orange County Zoning Ordinance concerning the review, approval, and
development of telecommunication wireless facilities..
BACKGROUND: Staff has determined that changes made to Chapter 153A of the NC General
Statutes during the 2007 legislative session have created a discrepancy between the County's
current Zoning Ordinance and State statutes regarding the regulation and approval of
telecommunication wireless facilities.
State regulations, specifically NCGS 153A-349.52, were modified as follows:
Allow for the approval of new towers without an evaluation of an applicant's business
decisions concerning designed service, customer demand for its service, or the quality of
its service to, or from, a particular area or site. In other words, "spec." towers, if they
meet all other standards, cannot be denied. [However, no building permit for the tower
has to be issued without an identified service provider.]
2. Require that Special Use Permits be valid for at least two (2) years.
3. Establish a streamlined process to be applied to all collocation processes.
4. Not include requirements relating to radio frequency emissions of wireless facilities as a
public safety issue for county review.
5. Require that consulting fees and other county charges associated with a
telecommunication wireless facility be based on the costs of services provided and such
costs shall no exceed what is usual and customary with this issue and shall be fixed in
advance.
6. Revise several of the basic definitions used for telecommunication wireless facilities.
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In reviewing these changes, staff has determined that the current review and approval process
governing telecommunication wireless facilities needs revision in order to be complaint with
current State law. Staff proposes to amend the existing sections of the Ordinance as proposed
on Attachment 1 in order to address this discrepancy.
The proposed amendments address the six (6) items listed above and, on the advice of our
telecommunications consultant, address the following additional issues:
1. Comprehensive informational requirements,
2. Comprehensive standards for evaluation,
3. Listing of facilities not requiring a Special Use Permit,
4. The intent of the annual meeting,
5. Detailed information for review,
6. Improve balloon test requirements, and
7. Detailed requirements of approval
It should be noted that apre-application meeting for two (2) new towers, which will require Class
"B" Special Use Permits from the Board of Adjustment, was conducted on January 4, 2008.
The required balloon tests are scheduled from the, second and third week of February. A formal
submittal for both telecommunication facilities is expected sometime in early March.
This proposed amendment is extremely critical to ensure that we are adhering to proper
procedure when reviewing/taking action on these applications.
FINANCIAL IMPACT: There is no direct economic impact. Staff time has been accounted for in
the departmental budget.
Any new application under these Zoning Ordinance amendments will require a fee, which will
re-imburse the County for staff time required to receive, process, and present the application to
the appropriate board or boards.
RECOMMENDATION: The Manager recommends that the Board:
1. Receive the proposed amendments,
2. Conduct the Public Hearing to solicit and consider public input on the proposal,
3. Forward the matter to the Planning Board for review and comment with a request that a
recommendation be submitted back to the BOCC no later than May 20, 2008.
AMENDMENTS TO THE
ORANGE COUNTY ZONING ORDINANCE
(Only those sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance
by adding (indicated by double underlined language) and deleting (indicated by stricken
through language) as follows:
Part I That Article Six (6) be amended as follows:
6.18 Telecommunications Towers and Equipment
The following regulations are designed to provide for the safe and efficient
integration of facilities necessary for the orovision 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.
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6.18.1 Administrative Approval of Certain Qtvi.;tnTete~^m^~ ~~atia ~ *«::ers-a; d
Telecommunication Facilities ~^~~~~~;-~;i
The followina telecommunication facilities may be approved administratively as
specified herein:
New stealth telecommunications te}wers wireless support structures up to
seventy five (75~ feet in height that are sufficiently disguised so as to
minimize visual impact;_ anv wireless support structure less than seventy-
five (75') feet in heiaht: anv wireless support structure less than one
hundred fiftv (150') feet in heiaht that is located on property that is owned
or leased by Oranae County: and anv wireless support structure less than
one hundred fiftv (150'1 feet in heiaht on which the owner of such facility
permits the County to collocate its wireless facilities on the structure at no
charae to the County when the location of such facility is of benefit to the
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County as determined in the sole discretion of the County may be
approved administratively by the Planning Staff provided that all of the
provisions contained in Article 8.8.17a are met.
b) Applications for Collocation
may be approved administratively as
provided for in this ordinance.
A written decision approvina or denvina an application for administrative
approval of a telecommunication facility under Section 6.18.1 shall be
issued no later than forty-five (45) days followina the submission of a
complete application.
c) Collocation applications shall meet the followina reauirements in
order to be eliaible for administrative approval under this Section
6.18.1:
1) The proposed additional facility will not increase the overall
heiaht and width of the tower or wireless support structure to
which the wireless facilities are to be attached.
2) The proposed additional facility will not increase the around
s ace approved in the site plan for eauipment enclosures and
ancillary facilities.
3) The proposed additional facility will comply with applicable
reaulations, restrictions, or conditions, if anv. applied to the
initial wireless facilities placed on the tower or other wireless
support structure.
4) The proposed additional wireless facilities comply with all
federal. State, and local safety reauirements.
5) The proposed additional facility does not exceed the applicable
weiaht limits for the wireless support structure.
dl All applications for telecommunication facilities that are eliaible for
administrative approval must contain each of the followina components in
order to be deemed complete:
1) Payment of all applicable fees reauired by Section 6.18.3(fl of this
Ordinance and enaineerina or consultant fees incurred by the County
in evaluatina the application.
2) A sianed statement from the applicant certifying that the applicant's
proposed Wireless support structure shall be maintained in a
safe manner, and in compliance with all conditions of all
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applicable permits and authorizations. without exception, as well
as all applicable and permissible local codes. ordinances, and
reaulations. includina anv and all applicable County. State and
Federal Laws. rules, and reaulations.
_ 3) A sianed statement from the applicant certifying that the
ate. plicant is duly authorized to do business in the State, and if
_ the applicant is a foreign entity. the application must contain a
certified copy of the entity's Certificate of Authority from the
office of the North Carolina Secretary of State.
4)A site plan prepared in accordance with Article XIV of this
Ordinance showina the footprint. location and dimensions of
access drives, landscaping and buffers, fencing as well as all
other reauirements for site plans reauired by Article XIV.
5)Elevation drawings showina the vertical rendition of the wireless
support structure identifying all users, attachments, and all
related fixtures, structures appurtenances and apparatus
includina heiaht above the lowest adjacent pre-existina grade
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materials~~ color and lighting and shielding.
_ 6)The azimuth, size and centerline heiaht location of all proposed
and existina antennas on the supporting structure.
7)The number. type and model of the antenna(s) proposed, along
with a copy of the specification sheet(s) for the antennas•
8)The age of the existina tower (if any) in years, includina the date
of the avant of the original permit or authorization for the existina
tower:
_ 9)A description of the type of wireless support structure, e.a.
auved. self-supporting lattice or monopole:
10) The make, model, type and manufacturer of the wireless
support structure and the structural design calculations, certified
by a Professional Engineer licensed in the State, proving the
structure's capability to safely accommodate the facilities of the
applicant without change or modification. or if anv change or
modification of the structure is needed a detailed narrative
explaining what changes are needed, why they are needed and
what entity will be responsible to assure that the necessary
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changes are made:
11) A copy of the installed foundation design. as well as a
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aeotechnical sub-surface soils investigation, evaluation report
and foundation recommendation for the support structure.
12) For a wireless support structure that is five (5) years old or
older. or for a auved structure that is three (3) years old or older.
a copy of the latest ANSI Report done pursuant to the latest
edition of ANSI-EIA/TIA 222E - Annex E for any self-supporting
tower. If an ANSI report has not been done pursuant to the
recedina schedule, an ANSI report shall be done and
submitted as part of the application. No Buildina Permit shall be
issued for anv wireless support structure where the structure
beina 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.
13) A Structural Report sianed by a Professional Enaineer
licensed to do business in the State and bearing that engineer's
currently valid stamp, showing the structural adeauacy of the
wireless Support structure to accommodate the proposed
modification or antenna arrav Collocation, includina anv
eauipment shelter, unless the eauipment shelter is located on
the lowest floor of a Buildina:
14) If attaching to a structure other than a tower or where the
proposed attachment is within thirtv (30') feet of areas to which
the public has or could reasonably have or gain access to,
documentation shall be provided. includina all calculations.
proving that the potential exposure to RF radiation (i.e. Non-Ion
Emitting Radiation). will be comply with the most recent FCC
reaulations governing RF radiation and exposure thereto, and
further denoting the minimum distance from anv antennas an
individual may safely stand without beina exposed to RF
radiation in excess of the FCC's permitted standards and anv
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 reaulations. 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 anv area of the Buildina or
structure deemed accessible by the public or workers. Such
re ort or analysis shall be sianed and sealed by a Professional
Enaineer licensed in the State.
15) If the modification or antenna arrav Collocation is thirtv (30')
feet or more above around level. then a sianed document such
as the FCC's "Checklist to Determine whether a Wireless
support structure may be Categorically Excluded" shall be
rovided to verify that the modification or antenna arrav co-
location will fully comply with the current FCC's ~RF emissions
reaulations. If not categorically excluded. a complete RF
emissions study is reauired to enable compliance verification.
includina providing all calculations so that such may be verified
prior to issuance of a Buildina Permit:
16) If anv section or portion of the structure to be attached to is
not in compliance with the FCC's reaulations regarding RF
radiation, that section or portion must be barricaded with a
suitable barrier to discourage approaching into the area in
excess of the FCC's reaulations. and be marked off with yellow
and black striped warnina tape or a suitable warnina barrier, as
well as placing RF radiation signs as needed and appropriate to'
warn individuals of the potential danaer•
17) A signed statement that the applicant will expeditiously
remedy anv physical or RF interference with other
telecommunications or wireless devices or services caused by
the new installation.
18) The applicant shall provide a certification by a Professional
Engineer licensed in the State. along with documentation (a
structural analysis). including calculations, that prove that the
wireless support structure and its foundation as proposed to be
utilized are designed and were constructed to meet all County.
State, federal and ANSI structural requirements for loads}
including wind and ice loads and the placement of anv
eauiament an the roof a building after the addition of the
proposed new facilities.
191 Any application that proposes to locate a facility on County
owned or leased property shall contain a provision with respect
to indemnification. Such provision shall reauire the applicant, to
the extent permitted by law, to at all times defend, indemnify.
rotect. save. hold harmless, and exempt the Countv, and .its
officers boards, employees, committee members, attorneys,
a ents, and consultants from anv and all penalties, damages.
costs or charges arising out of anv and all claims. suits.
demands. causes of action, or award of damages, whether
compensatory or punitive. or expenses arising there from. either
at law or in eauity. which might arise out of. or are caused bv.
the placement. construction, erection, modification, location}
performance, use, operation, maintenance. repair, installation.
replacement. removal, or restoration of said facility. excepting,
however anv portion of such claims. suits. demands. causes of
action ~ or award of damages as may be attributable to the
negligent or intentional acts or omissions of the County. or its
consultants' fees, and expert witness fees are included in those
costs that the Countv can recover. Notwithstanding the
reauirements noted above, an indemnification provision will not
be reauired in those instances where the County itself applies
for and secures a Special Use Permit for a wireless facility.
design criteria:
1) In order to arotect the nature and character of the community
wherein the facility is proposed. and in order to create the
least visually intrusive impact reasonably possible. anv
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antenna attachment to a buildina or other structure with a
facie shall be mounted on the facie, unless it can be proven
that such attachment will prohibit or have the effect of
prohibitina the provision of wireless service. and all antenna
attachments and exposed cabling shall use camouflage or
stealth techniaues to match as closely as possible the color
and texture of the buildina or other structure.
2) If an antenna is proposed to be attached to a water tank.
then in order to maintain the current profile and height of the
tank. the antenna mounting on the top of the tank or the use
of a corral shall only be permitted if the applicant can
demonstrate that to locate elsewhere will prohibit or have the
effect of prohibitina the provision of service.
3) So as to be the least visually intrusive wireless support
structure reasonably possible. and thereby have the least
adverse visual effect and create the least intrusive or lowest
profile or visual silhouette reasonably possible. all antennas
attached to a tower or other structure shall be flush mounted
or as near to flush mounted as is possible without prohibitina
or having the effect of prohibitina the provision of service so
as minimize the visual profile of the antennas. or prove
technically, with hard data and a detailed narrative. that flush
mounting can not be used and would serve to prohibit or
have the effect of prohibitina the provision of service.
4) Unless the County deems- it inappropriate or unnecessary.
iven the facts and circumstances, the applicant shall
demonstrate and provide in writing and by drawing how it
shall effectively buffer and screen from view the base and all
related eauipment and structures of the proposed wireless
support structure up to a height of ten (10') feet.
51 The wireless support structure and any and all accessory
facilities shall maximize the use of buildina materials, colors
and textures designed to blend with the structure to which it
camouflage or concealment technology.
6) All utilities installed for a new wireless support structure 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.
7 An access road. turn around space and parking shall be
provided to assure adequate emergency and service access
to the facility site. Maximum use of existing roads. whether
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public or private, shall be made to the extent practicable.
Road construction shall at all times minimize around
disturbance and the cutting of vegetation. Road grades shall
closely follow natural contours to assure .minimal visual
disturbance and reduce soil erosion and shall comply with
anv County or State reaulations for the construction of roads.
If the current access road or turn around space is deemed in
disrepair or in need of remedial work to make it serviceable
and safe and in compliance with anv applicable reaulations
as determined at a site visit. then the Application shall
contain a commitment by the applicant to remedy or restore
the road or turn around space so that it is serviceable and
safe and in compliance with applicable reaulations.
In addition to the foregoing. applicants applying for permission to
attach the first antenna to an approved wireless support structure
shall also provide the following:
1) A detailed narrative description and explanation of the
specific objective(s) for the new facility. expressly includina
and explaining the purpose for the facility. such as coveraae
coveraae:
2) Technical documentation demonstrating that the facility is
designed to provide the service type and service coveraae
needed primarily within the County. Such documentation
shall include a propagation study of the proposed site and all
adjoining planned, proposed or existing sites, that
demonstrates a significant gap in coveraae and/or. if a
capacity issue is involved. to include an analysis of the
current and proiec#ed usage (traffic studies) using generally
accepted industry methods and standards so as to
conclusively prove the need for what is proposed.
3 All of the modeling information used to produce the
propagation studies. includina. but not limited to anv
assum tions made about ambient tree height;
4) A copy of the FCC license applicable for the intended use of
the facility. as well as a copy of the five (5) and ten (10) year
build-out plan reauired by the FCC:
5) The freauencv. modulation and class of service of radio or
other transmitting equipment:
6 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 carrieri
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7) The actual intended transmission power stated as the
maximum effective radiated power (ERP), both in dBm's
and watts:
8) A statement certifying that the facility and all attachments
thereto comply with the conditions of the approved Special
Use Permit.
9) The legal name, address. phone number. all necessary
contact information of the person preparing the application•
10) The name, address. phone number. and all necessary
contact information of the property owner, if the owner of the
structure is different than the applicant:
111 The postal address. tax map block and lot number. and
parcel identification number of the property:
12) A copy of the FCC license applicable for the intended use of
the facility.
13) The Zoning District and Watershed
roperty is situated: The area of the
structure to be attached to is located
feet and acres and perimeter lot li
survey showing the location of all
bounds and all easements'
overlay in which the
roperty on which the
stated both in square
~e dimensions and a
lot lines metes and
14) The location, size and height of all existing and proposed
structures on the property on which the structure is located
and that is the subject of the Application:
6.18.2
Telecommunications ors-wireless support structures and equipment as
principal or accessory uses
a) Telecommunications towers wireless support structures shall be
permitted as a principal or accessory use in all districts in accordance
with the provisions of this Ordinance 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) Telecommunications ts~rer-s wireless support structures as part of
existing utility poles shall be permitted as an accessory use.
Towers 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 a new telecommunications fewer wireless
support structures in any zoning district must be approved as a
Special Use, except as permitted in the Master
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Telecommunications Plan ("Plan") or by Section 6.181 of this
Ordinance.
b) Existing Telecommunications ~'^~-o,~,r~Wireless Support Structures
1) Telecommunications equipment as accessory uses may be placed
on existing towers wireless support .structures in accordance with
the provisions of this Ordinance.
2) Notwithstanding the above provisions of Section 6.18,
telecommunications towers in existence as of December 10, 2002,
may be replaced with a fewer wireless support structure of equal
or less visual impact after approval by the County Planning
Director or his/her designee. However, if the proposed new tewe~
wireless support structure would not be consistent with the
minimum standards under Section 6.18, replacement must be
approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications *^~~.~-wireless support
structures
a) Antenna types. To minimize adverse visual impacts, stealth antenna
types shall be preferred. If anon-stealth antenna is proposed, the
application shall be required to demonstrate, in a technical manner
acceptable to the Planning Directar or his/her designee, 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.
1) Antenna dimensions. Antenna dimensions shall be subject to
approval by the Planning Director or his/her designee. A
statement shall be submitted, prepared by a professional engineer
competent. to evaluate antenna choices, to certify the technical
need for the required dimensions.
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b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication tewe~ wireless suoaort 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.
c) Stealth rooftop or building mounted antennas not exceeding twenty (20)
feet above roofline of the building or support structure shall be permitted
in all zoning districts subject to the provisions of Section 6.18.3 d) 1-5
stated below.
d) Building or rooftop stealth antennas shall be subject to the following
minimum standards:
1) No commercial advertising shall be allowed on an antenna;
2) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the FCC or the FAA;
3) Any related unmanned equipment building shall not contain more
than six hundred (600) square feet of gross floor area per user or
be more than twelve (12) feet in height;
4) If the equipment building is located on the roof of the
building, the area of the equipment building shall not occupy more
than twenty-five (25) percent of the roof area, and shall comply
with all State of North Carolina Building Code requirements for the
proposed and existing building; and
5) Approval of the Planning Director or his/her designee 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.
e) Non-stealth rooftop or building mounted antennas shall only be permitted
not exceeding twenty (20) feet above the roofline of the subject building
or support structure and subject to the procedure and requirements
provided elsewhere in this Section. Building rooftop non-stealth
antennas shall be subject to the following minimum standards:
1) Antennas shall only be permitted on buildings or structures that
are at least fifty- (50) feet tall. Antennas may be placed on
buildings less than fifty- (50) feet tall if public safety needs warrant
the antenna;
2) 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;
3) No commercial advertising shall be allowed on an antenna;
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4) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the FCC or the FAA;
5) Any related unmanned equipment building shall not contain more
than six hundred (600) square feet of gross floor area per user or
be more than twelve (12) feet in height;
6) If the equipment building is located on the roof of the building, the
area of the equipment building shall not occupy more than twenty-
five (25) percent of the roof area, and shall comply with all State of
North Carolina Building Code requirements for the proposed and
existing building;
7) Antennas may be located on poles owned or controlled by the
County or by a utility provider pursuant to the following
regulations:
a) The maximum height of the pole with antenna shall not
exceed seventy- (70) feet in height; and
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 Carolira, and competent to evaluate
antenna choices.
d) The antenna shall not extend more than ten- (10) 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 twenty- (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.
f) Fees.
1) A filing fee as set by the Orange County Board of Commissioners
shall be paid upon application for a Building Permit, Site Plan
approval, or Special Use Permit. In addition, an inspection fee is
due the County at the time of future inspections.
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2) An engineering permit fee shall be paid if a pole is replaced to
accommodate telecommunications equipment.
3) Public land or right-of-way lease agreements will be established
by separate instrument.
6.18.4 Minimum Standards for Telecommunications T^~-,~-.;~~Wireless Support
Structures Not Reauirina a Special Use Permit
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
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 eauipment is
designed to function, which may be reauired to be determined by the
manufacturer's published specifications for the customer.. equipment. All
telecommunications towers wireless supoort structures must meet the following
minimum standards:
a) Prior to the issuance of a Building/Electrical Permit by the Inspections
Division, a site development plan prepared in accordance with Article XIV
shall be presented for approval to the Planning Division. Each application
for a proposed telecommunications tower shall include all requirements
for site development plan approval as required. Approval of the Planning
Director or his/her designee to verify consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the tower including, but not limited to, colors and screening
devices.
b) 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. A statement shall
be submitted by the applicant 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.
c) A statement shall be submitted, 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.
d) Applicants shall provide at time of application submittal:
1) the existing cell sites (latitude, longitude, power levels) to which
this proposed site will be a handoff candidate;
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2) propagation studies of the proposed site and all adjoining planned,
proposed, in-service or existing sites;
3) the search afea rindutilized in finding the proposed site;
4) the make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site;
5) the frequency, modulation and class of service of radio or other
. transmitting equipment;
6) the actual intended transmission and the maximum effective
radiated power of the antenna(s);
7) the direction(s) of maximum lobes and associated radiation of the
antenna(s);
8) certification that the NIER levels at the. proposed site are within
the threshold levels adopted by the FCC;
9) certification that the proposed antenna(s) will not cause
.interference with other telecommunications devices;
10) 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 area rime and there are no
alternative technologies available which could provide the
proposed telecommunications service need without the tower.
a) County staff will utilize the services of a registered
. professional engineer to confirm the accuracy and
reliability of the substantive portions of data provided in
tower applications. No tower shall be permitted to exceed
its designed loading capacity. For all +^`~ wireless
support structures attached to existing structures, the
statement shall include certification that the structure can
support the load superimposed from the fewer wireless
support structure. All tewers wireless support structures
shall have the capacity to permit multiple users; at a
minimum monopole taweers wireless support structures
shall accommodate two (2) users and self-support/lattice or
guyed tewers wireless support structures shall, at a
minimum accommodate three (3) users.
e) Standards of evaluation.
1) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified
pursuant to Subsection d. (10) of this Section.
2) 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.
18
3) Telecommunications towers shall conform with all of the
requirements of Sections 8.8.17a.1 a (a-g) and 8.8.17a.2 of the
Zoning Ordinance.
4) All towers shall be engineered to allow for co-locations. No co-
locator shall be refused access for co-location by charging
exorbitant lease fees. Public safety co-locations shall take priority
over other co-locators.
5) A tower telecommunications consultant shall provide Plannin
Staff assistance on exorbitant rate leases.
61 All wireless support structures shall satisfy all applicable
public safety. land use. or zoning issues reauired in this
Ordinance. including aesthetics. landscaping. land-use
based location priorities. structural design. setbacks, and fall
zones.
71 Applicants shall evaluate the reasonable feasibility of
collocating new antennas and equipment on an existing
structure or~structures within the applicant's search ring.
f) Tower Inspection.
1) 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
2) Inspection records shall be kept by the tower owner and made
available upon request to the Inspections Division during regular
business hours.
a) 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. At least once every thirty-six
(36) months, or thirty-six (36) months from the date of a co-
location approval, a structural engineer who is regularly
involved in the maintenance, inspection and/or erection of
telecommunications towers shall inspect the tower and
submit a report to the Inspections Division within a
reasonable time thereafter. At a minimum, this inspection
shall be conducted in accordance with the provisions of
this Ordinance and in accordance with the tower
inspections check list provided in the EIA-222 (as
amended from time to time). This is considered a major
inspection review.
b) At least once every twelve (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
19
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.
c) In addition to the regularly scheduled major and minor
inspections set forth in paragraphs 1) and 2) above, 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.
3) 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.
4) Structurally Unsafe or Unused Towers. 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 one hundred and eiahty (180 days shall be
removed at the owner's expense.
5) Compliance with Standards. Current or former EIA standards
shall apply to the addition of antennas or other appurtenances to
communications towers under the following conditions:
a) 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.
b) 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.
c) 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.
20
d) 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 (6) months.
e) Analysis of Existing Towers. Within twelve (12) months of
the effective date of this Ordinance an analysis by a North
Carolina Licensed Professional Engineer (P.E. Analysis)
shall be performed on all towers in excess of one hundred
~100~ feet in height and shall be submitted to the
Inspections Division. 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. For all
towers less than six (6) years old, a current existing P.E.
analysis of the tower may be submitted in lieu of the new
P. E. analysis required above. 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. All
existing towers shall be subject to the annual electrical
inspection conducted by the Inspections Division including
any associated inspection fees.
21
1) 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.
6) Fees and charges.
a) A filing fee as set by the Board of County Commissioners
shall be paid upon application for a Building Permit, Site
Plan approval or Special Use Permit. In addition, an
inspection fee is due the County at the time of future
inspections.
b) Public land or right-of--way lease agreements shall be
established by separate instrument and recorded prior to
the issuance of Building Permits.
c) Consultant Fee. An escrow account of an
amount determined by the Board of County
Commissioners 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
Commissioners shall determine the amount of
charaes or fees assessed to an applicant on account
of an outside consultant in advance and incorporate
these charaes 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 charaes paid by the applicant
for the services of a consultant shall not exceed what
is usual and customary for such services. The
foreaoina does not prohibit the County from imposina
additional reasonable cost-based fees for the actual
costs incurred by the County for a consultant's review
charaes incorporated into the application fee shall be
separately identified and disclosed to the applicant
upon request. A partial escrow payment of $1,000 shall
be submitted at the pre-application meeting to cover
associated consulting fees incurred prior to the formal
subrriittal of an application. The
escrow amount required at the formal application submittal
shall be reduced by the $1,000 partial payment amount.
Any unused funds in the account after either the approval
of the Certificate of Occupancy (CO), or the expiration of
the Special Use Permit approval, whichever is sooner,
shall be returned to the designated party.
22
6.18.5 Master Telecommunications Plan ("Plan")
The Plan will assist providers in their search for suitable locations to build their
service network. The Caunty may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have
expressed interest in allowing construction of telecommunications equipment.
Information that may be shown on the base Plan will include: existing towers,
major transmission lines, County-defined Natural Areas, historic properties,
scenic corridors, known bird migratory patterns through the County, Voluntary
Agricultural Districts, and publicly-owned or quasi-public lands. In all cases, an
interest in allowing the placement of telecommunication equipment on the
property/properties shall have been expressed. In order to participate in the MTP
all owner(s), or their legally binding representatives,. shall submit an application
on a form prepared by the Planning Department and meet the following
guidelines:
a) Information to be provided. 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.
b) Plan modification: After adoption of the initial Plan any. subsequent
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 Zoning Officer on or before December
1st of each year. The fee for modifying the Plan shall be that as set forth
in the Orange County Plannina Fee Schedule-ef-Fees.
c) Withdrawal from the Plan. Withdrawal from the Plan is permitted if any
owner submits, to the Planning Director, a notarized statement requesting
withdrawal from the Plan.
23
Part I I That Article Eight (8) be amended. as follows:
8.4 Procedure For Submission and Consideration of Applications For
Approval of Special Uses.
8.4.1 Pre-Application Conference
a) Prior to the application being received as prescribed in Article 8.4.2,
the applicant must request apre-application meeting with the
Orange County Planning Department. A sketch plan
illustrating the location, size and major design elements of the
development of the site must be submitted five (5) working days
prior to the pre-application meeting. The Planning Department may
request that representatives of other public agencies be present at
the pre- application meeting. These agencies may include, but not
be limited to, the Orange County Planning Board, the Orange
County Recreation Department, the Orange County Health
Department, the municipalities of Chapel Hill, Carrboro, Hillsborough,
and Durham, the North Carolina Department of Transportation, and
Orange Water and Sewer Authority.
b) Annual Telecommunications Projection Meeting (ATPM). In January
of each year the County shall hold a meetina of all carriers and tower
companies who have filed applications the previous year or anyone
who has expressed an interest in filing an application to construct a
facility within the County in order 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 number and intrusiveness of the facilities and the most efficient
facility site use. The County shall notify each party of the date. time
and place of the meetina no later than thirty (30) days prior to the
meetina at the last known address of the. party and attendance shall
be expected from all parties desiring to locate wireless
telecommunication facilities within the County during the year.
Attendance at the ATPM is mandatory.
1) Prior to the acceptance of any applications for
Telecommunications Wireless Support Structures, a plan
indicating proposed search a'rea's rings shall be submitted to
the Zoning Officer on or before December 31St of each year.
The purpose of the ATPM is to allow for a complete review
of collocation opportunities and address coverage issues.
After all site plans or search area plans are received, an
ATPM shall be scheduled by the Planning Department Staff
during the month of January with the providers. New
applications for Class A Special Use Permits for
telecommunications tewers-wireless support structures will
be reviewed twice per year at the County Commissioners'
24
May and November Public Hearings. New applications for
Class B Special Use Permits for telecommunications
#$wer-swireless support structures will be reviewed by the
Board of Adjustment in accordance with the published Board
of Adjustment meeting schedule. No application will be
considered unless the proposed site was identified on either
the site plan or the search a~r-ea rin plan shown at the
ATPM.
2) Formal applications for the May and November Public
Hearings by the County Commissioners, and meetings of the
Board of Adjustment, shall be submitted in accordance with
the published yearly calendar of meetings schedule.
3) Exceptions to the ATPM requirement as it applies to a
particular site may be allowed in the case of unforeseen
events as defined in Section 6.18 provided the applicant
shall submit documentation for review by the Orange County
Development ~ev+ew Advisory Committee (Dfi~AC) that such
a waiver is necessary. The D~AC shall make a
determination on the waiver request and notify the applicant
within a reasonable time period.
4) 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.
8.8.17a Telecommunication ~=owe~sWireless support structures
Telecommunications T^
for
The overall aolicv and desired coals for Special Use Permits for
telecommunications wireless support structures shall be ~oromotino and
encouraging, wherever possible, alternatives to constructing new +^`~ wireless
support structures, including but not limited to the co-location of wireless
telecommunications equipment and mitigating the visual effect of a
telecommunication fewer-wireless support structure to an extent not
commercially impracticable; promoting and encouraging, wherever possible, 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
telecommunications taawerswireless 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.
25
8.8.17a.1 Definitions
Words, terms and phrases, when used in this Section, shall have the meanings
ascribed to them as in Sestien-8-1.8 Article 22.
8.8.17a.1a Additionallnformation
In addition to the information required in Subsections 6.18.4, 8.2 and 8.8, the
fallowing shall be submitted as part of the application.
a) A Site Plan showing the entire site (including property boundary lines)
and size of all existing structures within five hundred (500 feet of the site,
existing and proposed structures on site, the fall zone of the tower,
existing and proposed topography at a contour interval of five feet and
any officially designated floodways and floodplains, or the presence of
alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material.
c) A Landscape Plan showing, at the same scale as the Site Plan, existing
and proposed trees, plus shrubs, ground cover and other landscape
materials. This plan shall minimize adverse visual effects of
telecommunications tewerswireless support structures and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques. Notwithstanding any other provision of this
article, to minimize adverse visual impacts associated with the
proliferation and clustering of telecommunications tewerswireless support
structures, co-location of telecommunications equipment on existing or
new tewers wireless support structures shall be encouraged.
d) Wireless support
structures shall not be located within one-half '/~ mile of any existing
monopole, lattice or guyed telecommunications fewer wireless suogort
structure. An exception may be allowed when the applicant can
sufficiently demonstrate that: 1) appropriate space on the existing
telecommunication fewer wireless suaoort structure is not available; or 2)
the applicant has made good faith effort to negotiate an agreement with
the owner of the existing telecommunication fewer wireless suooort
structure and has been unsuccessful, which must be documented in
writing; or 3) the telecommunication equipment on the existing
telecommunication fewer wireless support structure is not compatible with
the proposed telecommunication equipment of the applicant; or 4)
adequate coverage by the applicant cannot be met at the location of the
existing telecommunication-fewer wireless support structure; or 5) the
existing telecommunication-~ewe~wireless support structure cannot be
reasonably modified to accommodate additional co-location by the
applicant. Exceptions shall only be allowed after a thorough analysis of
the search area, provided by the applicant is performed by the County's
consultant or Staff, indicating that coverage is not possible on an existing
t~weF wireless support structure at the four-carrier capacity or other user
capacity that can be achieved. There must be a e~t~i 80%~ approval
vote of the deciding board for this specific finding to pass the exception
criteria.
26
e) Evidence that the applicant has investigated the possibilities of
placing the proposed equipment on an existing tewe~ wireless support
structure. Such evidence shall consist of:
1) A listing of all telecommunications s wireless support
structure within a two 2~-mile radius of the proposed fewer
wireless support structure site and a listing of all tewer~s-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 Subsection 6.18.4. d)(10). 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. _
2) Delineation of the boundaries of the maximum search a rink
within which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing tawerswireless support structures within the search
rind:
a) Telecommunication fewer wireless support structure
height; a-s-~mea~; ed f-„-or;,-tlae-",tee-e~tkx=-~~w~te +~
b) Existing and planned fewer wireless support structure
users;
c) Whether the existing telecommunication fewer wireless
su port structure could accommodate the
telecommunication equipment to be attached to the
proposed fewer wireless support structure without causing
structural instability or radio frequency interference; and
d) If the proposed telecommunication equipment cannot be
accommodated on the existing telecommunication fewer
wireless 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 fewer wireless
support structure; and
e) any restrictions or limitations of the FCC or FAA that would
preclude the shared use of the ~ fewer wireless support
struc ure; and
f) any additional information requested by the County.
27
3) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing tewers
wireless support structures in the search ra+~ge rink..
f) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed fewer
wireless support structure, such as lighting and coloring.
g) Draft bond which will guarantee the removal of the teweF wireless support
structure in the event that it is abandoned or unused for a period of twelve
~12~ months.
h) A listing of, and current tax map identifying, all property owners within one
thousand ~1000~ feet of the parcel shall be provided. Addressed, first
class stamped envelopes to the property owners shall be submitted with
the application. Each property owner shall be notified of the public .
hearing in accordance with Article 2.3.3.4 (Class B Special Use Permit) or
Article 8.4.5 (Class A Special Use Permit) of this Ordinance.
i) The applicant shall, at least six 6~ weeks prior to a Class B Special Use
Permit public hearing and at least eleven 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 a ten#~ee-foot (103') in e#~ length, brightly colored red or orange
balloon at the maximum height of the proposed new fewer wireless
support structure. The applicant shall mail A 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 one thousand ~1000~ feet of the
subject parcel no less than fourteen (14) days in advance of the first test
date. The data contained within the office of Orange County Land
residents are to receive notice of the balloon tests. The applicant shall
inform the County Planning Staff, in writing, of the dates and times of the
test at least fourteen (14) days in advance. The balloon test shall be
flown for at least four (4) consecutive hours sometime between 710:00
A.M. and 42:00 P.M. on the dates chosen. The primary date shall be on
a weekend (excluding legal holidavsl, 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. ~
re ort containing any comments received by the applicant in response to
the balloon test along with color photographs from various locations
around the balloon shall be provided with the application. The applicant,
as evidence that this requirement has been met, shall submit 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.
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 (9) square feet in area and no
less than four (4) square feet in area, giving the contact information of the
County Planning Department. the .proposed dates, times, and location of
28
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification and as stated above. A
notarized statement that this requirement has been met is also required
from the applicant and shall be submitted at the time of the application.
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, shall be submitted at the
time of the application. 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. 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.
j) 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.
k) All buildings and other structures to be located on the same
zoning lot as a telecommunication fewer wireless support structure shall
conform with the setbacks established for the zoning district or as
established through the subdivision process, whichever is greater.
I) 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.
The Applicant shall furnish a Visual Impact Assessment, which shall
include:
A "Zone of Visibility Map" shall be provided in order to determine locations
from which the tower may be seen.
Panorama photo simulations of the proposed tewerwireless support
strucutre, superimposed on the existing landscape, to scale, e# 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
An assessment of the visual impact of the wireless support structure
fewer base, guy wires and accessory buildings from abutting and
adjacent properties and streets shall be considered to determine the need
of screening.
All Applications shall contain a demonstration that the fewer-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
29
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
Both the telecommunications tewe~-wireless support structure and any
and all accessory or associated telecommunication equipment and
related facilities shall maximize the use of building materials, colors and
textures designed to blend with the structure to which it may be affixed
and/or to harmonize with the natural surroundings, this shall include the
utilization of stealth technology as may required by the- County.
At a telecommunications tswe~-wireless support structure site, an access
road, turn around space and parking shall be provided to assure
adequate emergency and service access. Maximum use of existing
roads, whether public or private, shall be made to the extent practicable.
Road construction shall, at all times, minimize ground disturbance and the
cutting of vegetation. Road grades shall closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion.
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.
The facility and any and all accessory structures shall maximize the
use of building materials, colors and textures designed to blend
with the structure to which it may be affixed and to harmonize with
the natural surroundings. This shall include the utilization of stealth
or camouflage or concealment technology as the County may
re uq ire.
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.
8.8.17a.2 Standards of Evaluation
The following specific standards, as well as those found in Section 6.18.4 of the
Zoning Ordinance, shall be used in deciding upon an application for approval:
a)
mn~+ r,roferrcr) Nn.M1 nrinri+.t fiYio ~~".~ heinn +ho io.+r.+ r~roforroi-!~ LOCatlon of
... ,.,......,......, ~..,,v,,.y w~ ~..+c..n~c~crn..
Wireless Support Structures. Aaolicants for facilities shall locate, site
and erect said facilities accordina to the followina priorities in the
followina order:
~ nn ovi~+ir~n +n~n~or~ ~r ~+hor ~
- tr„n+„roc'
, . o,
r ~,......, ,y ,.,,
n
+ili
l ..,.,«..,~.,..
~•
n „
+„ r~n
ee•
30
1) On existing County-owned facilities without increasing the height of
the tower or structure.
2) On existing Facilities without increasing the height of the tower or
structure.
3) On County-owned properties or facilities.
4) On properties in areas zoned for commercial or industrial use.
5) On properties in areas zoned Agricultural Residential (AR).
6) On properties in areas zoned for residential use.
b) 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 Subsection 8.8.17a.1 a.e).
c) 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 Subsection 6.18.4
d)(10).
d) An Applicant may not by-pass sites of higher priority merely because the
site proposed is the only site leased or selected. Agreements between
providers limiting or prohibiting co-location shall not be a valid basis for
any claim of commercial impracticability.
e) 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.
f) Within or adjacent to residential zoning districts, minimum setbacks from
the base of the t^~wireless support structure to the property boundary
shall be equal to 110% of the I:eweFwireless support structure height. If
.the wireless support structure fewer 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.
g) Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the taweFwireless support structure
to the property boundary shall be the greater of 20% of the tower height,
or the minimum required setback.
h) A Type C Landscape Buffer shall be provided between the #~~werwireless
support structures and its accessory structures and adjoining
property/properties. Existing vegetation may be removed only to the
extent necessary to accommodate the fewer-wireless support structures,
equipment buildings, and support structures such as guy wires. Plantings
around the compound perimeter, outside of any fence or wall, shall be
31
composed. entirely of fast growing evergreen vegetation. New plantings
and existing vegetation used for screening shall be at least six (6) feet in
height or greater at planting. Proposed plantings (name, type, height)
shall be shown on the Landscape Plan for the facility. Landscaping shall
provide a screen on a year-round basis.
i) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant. All outdoor lighting
not regulated by the FCC shall comply with the Outdoor Lighting
Standards set forth in Section 6.31 of the Zoning Ordinance.
j) An 8-foot fence or wall shall be required around the base of any
fewer-wireless support structures. This fence or wall shall encompass all
accessory equipment within the compound. Fences shall be required
around guy wire tie downs as well. The fence or wall may be placed
around the perimeter of the facility to include guy wire tie downs and
associated equipment should the applicant/ownerroish to do so.
k) The telecommunications equipment planned for the proposed
t$wre~wireless support structures cannot be accommodated on an existing
tswerwireless support structures due to one or more of the following
reasons:
1) The planned equipment would exceed the structural capacity of
existing and approved t~~rve~swireless support structures,
considering existing and planned use of those t~einr~swireless
support structures and the t~ewerswireless support structures
cannot be reinforced to accommodate planned or equivalent
equipment at a reasonable cost.
2) The planned equipment would cause radio frequency interference
with other existing or planned equipment for these tewerswireless
support structures, and the interference cannot be prevented at a
reasonable cost.
3) Existing or approved tewerswireless 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.
4) No tower or other suitable facility exists in an area where the
equipment to be ,placed on the tower will function in its intended
manner.
I) The communications tower is structurally designed to support additional
users as provided for in Section 6.18.4 d) 5a, and the Special Use Permit
includes a statement that the owner of the teu~e~-wireless support
structure is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
t~ewe~-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) The-69i~f-Af~r~tElvref ~FS vriig~hftBn~E?~°cp+r-~c^~+rr~rcc°~ct°ncrR r~-~~vgtRr"vr! h~ _
. To minimize the number of
32
antenna arrays and thus the visual impact, the County may reauire the
use of dual mode antennas to be used. includina by two different carriers
unless it can be proven that such will not work technoloaically and that
such would have the effect of prohibitina the provision of service in the
Countv.
Structures shall be galvanized and/or painted with crust-preventive
paint of an appropriate color to harmonize with the surroundings. All new
or replacement antennas. except omni-directional whip antennas.
shall be flush-mounted or as close to flush-mounted as is technologicall_
possible on anv facility. so Iona as such does not have the effect of
prohibitina 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 technoloaically impracticable.
If attached to a buildina all antennas shall be mounted on the facie of the
buildina and carnouflaaed so as to match the color and. if possible.
circumstances involved.
n) The tewe~swireless support structures will not be artificially lighted unless
required by the FAA, FCC or other federal or state agency. Where such
agencies allow a choice between painting the tower or installing strobe
lighting, painting shall be the preferred choice.
If lighting is legally reauired 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. For anv 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 twelve (12°) degrees vertical for a distance of at
least one (1) 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 Iona as the light is visible from the air, as
intended by the FAA.
o) 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.
Facilities. includina antennas. towers and other supportin
structures, such as guy anchor points and wires, shall be made
inaccessible to individuals and constructed or shielded in such a
manner that they cannot be climbed or collided with; and
transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
33
To minimize the number of antenna arrays and thus the visual
impact, the County may require the use of dual mode antennas to
be used, including by two different carriers, unless it can be proven
that such will not work technologically and that such would have the
effect of prohibiting the provision of service in the County.
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.
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.
p) 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
percent of the estimate.
q) 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.
r) 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. 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. In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by Orange
County. Orange County may make such requests at any time, not to
exceed two times per year.
s) High voltage and "No Trespassing" and other warning signs.
1) 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
forty (40) feet apart.
34
2) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
forty-(40) feet apart.
3) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in
height. The two (2) warning signs may be combined into one (1)
sign. The warning signs shall be installed at least five (5) feet
above the finished grade of the fence.
4} The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping.
1) Signs noting federal registration (if required) shall be
attached to the tower structure in compliance with federal
regulation.
51 Facilities shall contain a sign no laraer than four (41 sauare feet to
provide adeauate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF radiation
within a aiven area. Asian of the same size is also to be installed
to contain the name(s) of the owner(s) and operator(s) of the
antenna(s) as well as emeraencv phone number(s). The sian
shall be on the eauipment shelter or cabinet of the applicant and
be visible from the access point of the site and must identify the
eauipment owner of the shelter or cabinet. On tower sites. an
FCC reaistration site. as applicable, is also to be present. The
sians shall not be liahted. unless applicable law. rule or reaulation
reauires liahtina.
t) Equipment storage. 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.
u) Signs and advertising. The use of any portion of a tower. for signs or
advertising purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
8.8.17a.4. Removal of Wireless Support Structures and Facilities.
The owner of anv~facility shall be reauired to provide a minimum of thirty (301
davs written notice to the County Clerk prior to abandonina anv facility. Under
the followina circumstances. the Countv may determine that the health. safety.
and welfare interests of the County warrant and reauire facility removal.
al ~ Facilities that have been abandoned (i.e. not used as facilities) for a
period exceedina ninety consecutive ninety (901 davs or a total of one
hundred-eiahty (1801 davs in anv three hundred-sixty five (3651 day
period. except for periods caused by force maieure or Acts of God. in
which case. repair or removal shall commence within ninety (901 davs of
abandonment:
35
Permitted facilities fall into such a state of disrepair that it creates a health
or safety hazard:
Facilities have been located constructed or modified without first
obtaining, or in a manner not authorized bv. the reauired Special Use
Permit. or any other necessary authorization and the Special Use Permit
may be revoked.
If the Countv makes such a determination as noted above. then the County shall
notify the holder of the facility Special Use Permit within forty-eight (481 hours
that said facility shall be removed. the County may approve an interim temporary
use aareement/permit. such as to enable the sale of the facility.
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 oriainal condition as is possible. such
restoration being limited only by physical or commercial impracticability. within
ninety (90) days of receipt of written notice from the Countv. 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.
If a facility is not removed or substantial progress has not been made to remove
the Facilities within ninety (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.
If the County removes. or causes to be removed a facility. grid the facility owner
does not claim and remove it from the site to a lawful location within ten (10)
Notwithstanding anything in this Section to the contrary. the County may approve
a temporary use permit/aareement for the facility. for no more than ninety ~ (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 aareement to such plan. If such a plan is not developed.
approved and executed within the ninety (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.
8.8.17a.4. Bond Security.
The applicant and the owner of record of any proposed facility property site shall.
at its cost and expense. be jointly reauired 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 X75,000.00 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. 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
com leted to restore the site to a condition comparable to that. which existed
prior to the issuance of the oriainal Special Use Permit.
36
8.8.17a5. Liability Insurance.
A holder of a Special Use Permit for a wireless support structure shall secure and
at all times maintain public liability .insurance for personal iniuries. death and
property damaae. and umbrella insurance coveraae. for the duration of the
Special Use Permit in the following amounts:
a. Commercial General Liability covering personal iniuries. death and
property damaae: $1.000.000 per occurrence/2.000.000 aaareaate: and
b. Automobile coveraae: $1.000.000.00 per occurrence/ X2.000.000
aaareaate: and
c. A X3.000.000 Umbrella coveraae: and
d. Workers Compensation and Disability: Statutory amounts.
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 vvith a Best's
rating of at least A. The insurance policies shall contain an endorsement
obligating the insurance company to furnish the Countv with at least thirty (30)
davs prior written notice in advance of the cancellation of the insurance.
Renewal or replacement policies or certificates shall be delivered to the County
at least fifteen (15) davs before the expiration of the insurance that such policies
are to renew or replace.
Before construction of a permitted facility is initiated. but in no case later than
fifteen (151 davs prior to the grant of the building permit. the holder of the Special
Use Permit shall deliver to the Countv a copy of each of the policies or
certificates representing the insurance in the reauired amounts. A Certificate of
Insurance that states that it is for informational purposes only and does not
confer rights upon the Countv shall not be deemed to comply with this Section.
PART III. That Article Twenty-two (22) Definitions be amended by creating a new
Section entitles Definitions -Telecommunication Facilities to read as
follows:
Article 8 of this Ordinance shall be defined as follows:
Accessory Use - A use incidental to. subordinate to. and subservient to the
principal use of the property. As defined in this section an accessory use is a
secondary use.
ntenna --A system of electrical conductor communications eauipment tha
transmits and/or receives electromagnetic radio signals used in the provision of
all types of wireless communications services,
pplicant - Anv wireless service provider or wireless support structure owner
submitting an application for a wireless facility.
37
Application - A formal request. containina all necessary and required
documentation. submitted to Oranae County to construct or modify a wireless
support structure or a wireless facility.
Board -The Oranae County Board of County Commissioners.
Buildina Code -The most recently adopted or amended edition of the North
Carolina State Buildina Code.
Buildina permit - An official Oranae County administrative authorization to beain
construction consistent with the provisions of G.S. 153A-357.
Collocation -The installation of new wireless facilities on previously approved
structures includina #~3werswireless support structures.. buildinas. utility poles.
and water tanks.
Commercial Impracticability or Commercially Impracticable -The inability to
perform an act on terms that are reasonable in commerce; the cause or
occurrence of which could not have been reasonably anticipated or foreseen and
that jeopardizes the financial efficacy of the project. The inability to achieve a
articular financial return on investment or profit. standina alone. and for a sinale
site shall not deem a situation to be commercially impracticable and shall not
render an act or the terms of an aareement commercially impractical.
EIA-222 -Electronics Industries Association Standard 222 (Structural Standards
for Steel Antenna TewersWireless support structures and Antenna Support
Structures).
Equipment enclosure - An enclosed structure, cabinet. or shelter used to contain
radio or other equipment necessary for the transmission or reception of wireless
communication sianals.
Existina Structure/Buildina -For purposes of this Section. any Buildina or
structure that currently exist on a parcel of land. Such structures rrmav include.
but shall not be limited to. telecommunications wireless support structures.
overhead transmission line support structures. water tanks. silos. churches..
schools. and utility poles.
Extraordinary Conditions -Conditions subsequent to a hurricane. flood. tornado.
or other natural or other disaster.
FAA -The Federal Aviation Administration or its duly desianated and authorized
successor aaencv.
FCC -The Federal Communications Commission or its duly desianated and
authorized successor aaencv.
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 enaineerina standards.
Guyed Wireless support structure - A telecommunication wireless support
____
structure that is supported. in whole or in part. by auv wires and around anchors.
38
Heiaht -When referrina to a wireless support structure. the distance measured
from the pre-existina arade level to the hiahest point on the structure. includina
anv antenna or liahtenina protection device.
Inspections Division - A division of the Oranae Countv Plannina and Inspections
Department.
Master Telecommunications Plan ("Plan") - A plan developed for Oranae Countv
by the County's Plannina Department that shows properties where owners have
expressed interest ~ in allowing the placement of telecommunications wireless
support structures provided that all applicable federal. state. and local regulations
are met. Information that may be shown on the plan will include existina wireless
support structures. County defined Natural Areas. historic properties. scenic
corridors, all major electrical lines. Voluntary Agricultural Districts. existina
telecommunication wireless support structures. known bird miaratorv patterns
through the County and all public and auasi-public properties that may allow
telecommunication facilities The Plan will be for purposes of disclosing
information to telecommunication providers when they are seeking to establish
their telecommunication networks in the Countv.
Microwave dish antenna - A dish-like antenna used to link wireless service sites
together by wireless transmission of voice or data.
Modification or Modify -The addition. removal. or chanae of anv of the physical
and visually discernable components or aspects of a wireless facility or support
structure. such as antennas. cabling. eauipment shelters, landscaping. fencing.
utility feeds. chanaina the color or materials or anv visually discernable
components. vehicular access. parking and/or an upgrade or chanae-out of
eauipment for better or more modern eauipment. Adding a new wireless carrier
or service provider to a wireless support structure as a collocation is a
modification.
Monopole Wireless support structure - A telecommunication wireless support
-.
structure consisting of a single pole or spire self supported by a permanent
foundation. constructed without auv wires and around anchors..
Necessary -What is technologically reauired for the eauipment to function as
desianed by the manufacturer and that anvthina less will result in prohibitin or
acting in a manner that prohibits the provision of service as intended and
described in the application.
NIER -Non-lonizina Electromagnetic Radiation.
Panel Antenna - An inconspicuous. relatively flat. sauare or rectangular antenna
desianed to be affixed to the wall of a building or structure in order to receive and
transmit signals from a telecommunication device.
Personal Wireless Services (PWS) or Personal Telecommunications Service
(PTS) shall have the same meaning as defined and used in the 1996
Telecommunications Act.
Repairs and maintenance -The replacement or repair of anv components of a
wireless facility where the replacement is identical to the component being
replaced or for anv matters that involve the normal repair and maintenance of a
wireless facility without the addition. removal or chanae of anv of the physical or
39
visually discernable components or aspects of a wireless facility that will add to
the visible appearance of the facility as originally permitted. but does not
constitute a modification to a wireless facility or support structure.
Roofline -The overall ridaeline of the structure. not includina cupolas. elevator
towers clock towers or other similar features.
Search ring The area within which a wireless support structure must be located in
order to meet service objectives of the wireless service provider usina the
wireless facility or fireless support structure.
Self-SupportJLattice Wireless support structure - A tapered structure broad at the
base and narrower at the top consisting of.cross-members and diagonal bracing
and without auved support.
State -The State of North Carolina.
Stealth or Stealth Technoloav - A desicrn or treatment that minimizes adverse
aesthetic and visual. impacts on the land. property. buildings. and other facilities
adjacent to. surrounding. and in generally the same area as the reauested
location of such wireless support structures. which shall mean building the least
visually and phvsically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances. Stealth technoloav includes
such technoloav as Distributed Antenna Svstem (DASI or its functional
eauivalent or camouflage where the structure is disguised to make it less visually
obtrusive and not recognized to the average person as a wireless Support
structure.
Telecommunication Eauipment - Eauipment. which is located either upon a
telecommunication tower or a structure and includes some form of antenna for
the purpose of transmitting and receiving wireless services.
Wireless facility Stealth - A wireless support structure designed`:=='usina stealth
technoloav such that its primary purpose is. or visually appears to be. something
other than the support of telecommunications eauipment. the apparent purpose
of the wireless support structure is customarily considered as accessory to a use
that is allowed in the zoning district. and the structure and its primary use comply
with the Orange County Zoning Ordinance. '
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.
Unforeseen Events -Condemnations of existina telecommunications wireless
Support structures for road projects. casualty of existina telecommunications
wireless support structures. blocking of sianals from new construction
necessitating a relocation of a telecommunication wireless support structure. or
the need to replace an existina telecommunication wireless support structure for
capacity issues. or for other reasons deemed necessary by the County Planning
Director orhis/her designee.
Whip Antenna - A cylindrical antenna that transmits and/or receives sianals in
three hundred sixty (360°l degrees.
Wireless facility -The set of equipment and network components, exclusive of
the underlying Support structure or tower. includina antennas. transmitters.
40
receivers base stations. power supplies. cablina. and associated eauipmen
necessary to provide wireless data and telecommunications services to a
discrete aeoaraphic area. This may also be referred to as a Personal Wireless
Facility.
Wireless support structure -Anew or existina structure. such as a monopole
lattice, or auved tower that is desianed to support or capable or supportina
wireless facilities. A utility sole is not a wireless support structure.
Wireless Telecommunications Facility M/TF) includes both Telecommunications
Site and Personal Wireless Facility - A structure. facility or location desianed. or
types. kinds and structures. includina. but not limited to buildinas. church
steeples. silos. water towers. sians or other structures that can be used as a
support structure for antennas or the functional eauivalent of such. If further
includes all related facilities and eauipment such as cablina. eauipment shelters
and other structures associated with the facility. It is a structure and facility
intended for transmittina and/or receivina radio. television. cellular. SMR. paaina.
911. personal communications services (PCS). commercial satellite services.
microwave services, and any commercial wireless telecommunication service not
licensed by the FCC.
This Ordinance shall be effective upon adoption. Adopted this the day of
2008, upon motion of Commissioner ,seconded by
Commissioner
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on , 2008 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2008.
Clerk to the Board of Commissioners