HomeMy WebLinkAboutAgenda - 06-03-2008-4aaORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2008
Action Agenda
Item No. 4 - g G
SUBJECT: Zoning Ordinance Text Amendment: Telecommunication Wireless Facility
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: (Under Separate Cover)
1. CMS Text Changes
2. A Resolution and Ordinance to Revise the
Orange County Telecommunication Facilities
Regulations of the Orange County Zoning
Ordinance (strike through and underlined
INFORMATION CONTACT:
Craig Benedict, Planning Director, 245 2592
Glenn Bowles, Planner II, 245 2577
version)
3. Excerpt of Draft 5/7/08 Planning Board
Minutes
4. Clean Ordinance in Resolution Form
PURPOSE: To accept additional evidence, if any; to accept the Planning Board
recommendation; to close the public hearing; and to adopt the proposed amendments to four
sections/articles of the Orange County Zoning Ordinance concerning the review, approval, and
development of telecommunication wireless facilities.
BACKGROUND: On April 1, 2008 at the reconvened February 26, 2008 Joint Public Hearing,
the BOCC voted to refer this item to the Planning Board for its review and recommendation.
The only question or concern posed at the Public Hearing was a concern that the County would
still retain the same level of authority it presently possesses regarding the review and control of
wireless telecommunication facilities. The answer from the County's telecommunication
consultant, The Center .for Municipal Solutions, was that the County would retain. all of its
present authority.
After the Joint Public Hearing, the consultant provided staff and the County Attorney's office
with some additional text changes. These changes are distinguished from the regular
underlined text additions by also being in italicized and underlined print. In additions, a copy of
the suggested additions is attached for your review.
Planning and County Attorney staffs have suggested additional modifications, as they would
relate to clarifying the findings of fact for Special Use Permits.
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 wireless
telecommunication 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.
In reviewing these changes, staff has determined that the current review and approval process
governing telecommunication wireless facilities needs revision in order to be compliant 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 the
County's 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
This proposed amendment is extremely critical to ensure that Orange County's adhering to
proper procedure when reviewing/taking action on these applications.
At its, regular May 7, 2008 meeting, the Planning Board voted unanimously to recommend
adoption of the amendments to the Zoning Ordinance dealing with wireless telecommunication
facilities.
RECOMMENDATION: (Planning Staff): The Planning staff recommends that the BOCC adopt
amendments to the Zoning Ordinance pertaining to wireless telecommunication facilities.
RECOMMENDATION: (Planning Board): The Planning Board recommends that the BOCC
adopt amendments to the Zoning Ordinance pertaining to wireless telecommunication facilities.
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 Administration recommends that the BOCC:
1. Accept additional evidence, if any (staff will note if any has been delivered);
2. Accept the Planning Board recommendation;
3. Close the Public Hearing; and
4. Adopt the proposed amendments to the Zoning Ordinance pertaining to wireless
telecommunication facilities.
4
Attachment 1
Center for IVlunicipal Solutions Suggested Text Changes
(After the Public Hearing)
Here are Rusty's suggested changes to the new regulations and only dealt with Section 6.18.3
and 6.18.4. He did not have any problem with the other sections.
1. Section 6.18.3 e) -- Substitute "not" for the word "only" in the first line and substitute "to" for
"not exceeding" at the beginning of line two.
2. Section 6.18.3 e) 1) -- Substitute thirty-three (33) for fifty (50) in two places. This is an FCC
standard.
3. Section 6.18.4 d) 2) add "showing" after the word "and" in the first line.
4. Section 6.18.4 d) 10), second paragraph -- Delete the first sentence and add "Certain of the
above listed items may be required to be provided on a propagation study data form to be
provided by the County. The last sentence of the paragraph should now read "All towers
wireless support structures shall have the capacity to permit multiple users; at a minimum
monopole towers wireless support structures shall be structurally designed to accommodate
four two ~ (2) users and self-supportllattice or guyed towers wireless support structures
shall, at a minimum accommodate three (3) users. (l could find the strike through option for
email text so I bolded the deletes.)
5. Section 6.18.4.e) 1) Capitalize necessary in the second line.
6. Section 6.18.4 e) 4) Insert the word "provider" after the word "safety" in the second
sentence.
7. 6.18.4 f) 6) Fees and Charges a) -- Add, "Such fees may reflect the County's fully allocated
costs, and shall not exceed such costs."
8. 6.18.4 f) 6) Fees and Charges c), fourteenth line -- Substitute "wireless facilities and support
structures" for the words "such services."
Attachment 2
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 underlined language) and deleting (indicated by stricken through language) as
follows:
Part 1 That Article 6 be amended as fiollows:
6.18 Telecommunications Towers and Equipment
The following regulations are designed to
integration of facilities necessary for the
telecommunications services through the corn
reliable wireless service to the public, ~
responders in a manner that provides for the
its citizens.
provide for the safe and efficient
_provision of advanced wireless
~munity with the goal of establishing
governmental agencies, and first
public safety and general welfare of
inrJin•+~oc+ n ~i~oro n~ mn~ninn•
f f
s
7 f
/ 7
{~~}~~ )
s~~tQ'rroFl'~v-. f
,
+h.++ ionn~+rr•i~nc+ Oho finnnninl n~n~n~i of +ho r~rnion~
r
> >
o ,
~~~~
1'1nn.~rFmo n4
ca
u
r
f t
~ ~ ~
~ > >
C~F ~h~r~
~ "" '" ..' ~
~ i
+r.+n mid
.~..<....- - inn.+l frnm ~ }olon
-u------ - ---- -- -- - - - nmm~ ~nin~ +inn cloi tiG~_
> >
+n~eior clnnL +nuior nr n~hor cimil~+r fns+~ roc
r
e ~, n .. a.,r..va .. ~~,..,.:., a~.e
L.I i L. F .. .i' '.1 ..I I
~ f e
r e
0
..nr~ nirn~ ~mc~r+nnnc
t
t ~
r+nloc nr +reoc e
..44.....e...'tt .,.I~..~ r
t f
t
e ._
s e
e
0
i r c r a.........~~,. ,.f ...: ~F ~.,~~ ............. ... ~,..
f~2s~iQflee:
6.18.1 Administrative Approval of Certain e~.„ ISM Te+le~nnmmnv~in~+~i^nc+ #~...ewc• .~r+r1
Telecommunication Facilities €~+pament
The following telecommunication facilities may be approved administratively as
specified herein:
a) New stealth telecommunications #~+vefs wireless support structures up to
seventy five (75') feet in height that are sufficiently disguised so._as to
minimize visual impact= any wireless support structure less than seventy-
five (75') feet in height any wireless support structure less than one
hundred fifty (150') feet in height that is located on property that is owned
or leased by Orange County; and any wireless support structure less than
one hundred fifty (150') feet in height on which the owner of such facility
permits the County to collocate its wireless facilities on the structure at no
charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County 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 T4,,,e~acen e^+ of +olannmm~ minim+inn
may be approved administratively as
provided for in this ordinance.
A written decision approving or denying an application for administrative
approval of a telecommunication facility under Section 6.18.1 shall be
issued no later than foray-five (45~ays following the submission of a
complete application.
Collocation applications shall meet the following requirements in order to be
eligible for administrative approval under this Section 6.18.1:
1) The proposed additional facility will not increase the overall heght_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 ground space
approved in the site plan for equipment enclosures and ancillary
facilities.
3~ The proposed additional facility will comply with applicable regulations,
restrictions or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
,4, The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
d~ All applications for telecommunication facilities that are eligible for
administrative approval must contain each of the following components in
order to be deemed complete:
1~Payment of all applicable fees required by Section 6.18.3ffl of this
Ordinance and engineering or consultant fees incurred by the County in
evaluating the application.
2~A signed 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 applicable permits
and authorizations without exception, as well as all applicable and
,permissible local codes ordinances and regulations, including any and
all applicable County State and Federal Laws, rules, and regulations.
3~ A signed statement from the applicant certifying that the applicant 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
showing the footprint location and dimensions of access drives,
landscaping and buffers fencing as well as all other requirements for
site plans required by Article XIV.
Elevation drawings showing the vertical rendition of the wireless support
structure identifying all users attachments, and all related fixtures,
structures appurtenances and apparatus, including height above the
lowest adjacent pre-existing grade, materials, color and lighting and
shielding.
,6~The azimuth size and centerline height location of all proposed and
existing antennas on the supporting structure.
7)The number tape and model of the antenna(s) proposed, along with a
copy of the specification sheet(s) for the antennas;
8)The age of the existing tower (if any) in years, including the date of the
grant of the original permit or authorization for the existing tower;
~A description of the type of wireless support structure, e.g. guyed, 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 any change or modification of the structure
10
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 changes are made;
11) A copy of the installed foundation design, as well as a geotechnical
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 guyed 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 preceding schedule, an ANSI report shall be
done and submitted as part of the application. No Building Permit shall
be issued for any wireless support structure where the structure being
attached to is in need of remediation, unless and until the County
Planning and Inspections Department has approved all remediation
work needed has been completed or a schedule for the remediation
work.
13) A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer's currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
includingany equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
14) If attaching to a structure other than a tower or where the proposed
attachment is within thirty (30') feet of areas to which the public has or
could reasonably have or gain access to, documentation shall be
provided, including all calculations, provingthat the potential exposure
to RF radiation ~.e. Non-Ion Emitting Radiation), will be comply with the
most recent FCC regulations governing RF radiation and exposure
thereto, and further denoting the minimum distance from any antennas
an individual may safely stand without being exposed to RF radiation in
excess of the FCC's permitted standards and any portions of the
structure that would be exposed to RF radiation in excess of the. FCC's
permitted standards. Compliance with the FCC's regulations, in such
an instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
15) If the modification or antenna array Collocation is thirty (30') feet or
more above ground level, then a signed document such as the FCC's
"Checklist to Determine whether a Wireless support structure may be
Categorically Excluded" shall be provided to verify that the modification
or antenna array co-location will fully comply with the current FCC's RF
emissions regulations. If not categorically excluded, a complete RF
emissions study is required to enable compliance verification, including
providing all calculations so that such may be verified prior to issuance
of a Building Permit;
11
16) If any section or portion of the structure to be attached to is not in
compliance with the FCC's regulations regarding RF radiation, that
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC's
regulations, and be marked off with yellow and black striped warning
tape or a suitable warning barrier, as well as placing RF radiation signs
as needed and appropriate to warn individuals of the potential danger;
17) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
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 any equipment on the roof a building after the addition of the
proposed new facilities.
19) 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 require the applicant, to the extent permitted by
law, to at all times defend, indemnify, protect, save, hold harmless, and
exempt the County, and its officers, boards, employees, committee
members, attorneys, agents, and consultants from any and all penalties,
damages, costs, or charges arising out of any 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 equity, which might arise out of, or are caused by, the placement,
construction, erection, modification, location, performance, use,.
operation, maintenance, repair, installation, replacement, removal, or
restoration of said facility, excepting, however, an rLportion 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 servants or agents. With respect to the penalties,
damages or charges referenced herein, reasonable attorneys' fees,
consultants' fees, and expert witness fees are included in those costs
that the County can recover. Notwithstanding the requirements noted
above, an indemnification provision will not be required in those
instances where the County itself applies for and secures a Special Use
Permit for a wireless facility.
Applications for administrative approval of telecommunication wireless
facilities shall demonstrate compliance with the following design criteria:
In order to protect the nature and character of the community
wherein the facility is proposed, and in order to create the least
visually intrusive impact reasonably possible, any antenna
attachment to a building or other structure with a facie shall be
12
mounted on the facie, unless it can be proven that such attachment
will prohibit or have the effect of prohibiting the provision of wireless
service, and all antenna attachments and exposed cabling shall use
camouflage or stealth techniques to match as closely as possible the
color and texture of the building or other structure.
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 prohibitin_q 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 prohibiting or having the effect of prohibiting
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 prohibiting the provision of service.
4) Unless the County deems it inappropriate or unnecessary, given the
facts and circumstances, the applicant shall demonstrate and
provide in writing and by drawinq_how it shall effectively buffer and
screen from view the base and all related equipment and structures
of the proposed wireless support structure up to a height of ten (10'~
feet.
5) The wireless sugport structure and any and all accessory facilities
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, 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 marking shall be provided to
.assure adequate emergency and service access to the facility site.
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 and shall comply with any
13
County or State regulations 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 any applicable regulations 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
regulations.
approved wireless support structure shall also provide the following:
A detailed narrative description and explanation of the specific
objective( for the new facility; expressly including and explaining
the purpose for the .facility, such as coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage;
2) Technical documentation demonstrating that the facility is designed
to provide the service type and service coverage 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 coverage
and/or, if a capacity issue is involved, to include an analysis of the
current and projected usage (traffic studies) using generally
accepted industry methods and standards so as to conclusively
prove the need for what is proposed.
All of the modeling information used to produce the propa ag tion
studies, includir~, but not limited to any assumptions made about
ambient tree height;
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 required by the FCC;
5) The frequency, modulation and class of service of radio or other
transmitting equipment;
61 The maximum transmission power caoability of all radios. as
or the maximum transmission power capability, as designed, of all
transmission facilities if the applicant is not a cellular or functional
equivalent carrier;
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;
14
10~ The name address, phone number, and all necessary contact
information of the properly owner, if the owner of the structure is
different than the applicant;
11~ The postal address tax map block and lot number, and parcel
identification number of the property;
12Z A copy of the FCC license applicable for the intended use of the
facili
13) The Zoning District and Watershed overlay in which the property is
situated The area of the property on which the structure to be
attached to is located, stated both in square feet and acres and
perimeter lot line dimensions, and a survey showing the location of
all lot lines metes and bounds and all easements
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 towers-wireless suuport structures and equipment as
t~rincipal 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 te~uve~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 Telecommunications Plan ("Plan"),
or by Section 6.18.1 of this Ordinance.
b) Existing Telecommunications Towers-Wireless Sueport Structures
1) Telecommunications equipment as accessory uses may be placed
on existing tawefs wireless support structures in accordance with the
provisions of this Ordinance.
15
2) Notwithstanding the above provisions of Section 6.18,
telecommunications towers in existence as of December 10 2002
may be replaced with a tewef 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 #ewer-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 ~-ntennas not located on telecommunications ~tewefs-wireless su®QOrt
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 Director or hisJher 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.
b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication teweF wireless support structure or antennas are in
compliance with FAA regulations. Where an antenna will not exceed the
highest point of the existing structure upon which it is to be mounted, such
evidence shall not be required.
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;
16
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 en/y not 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 thirty three (33'~ #i#t~-(-58} feet tall. Antennas may be placed
on buildings less than thirty-three j33'~ #~#ty---fa8} 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;
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
17
b) The utility poles shall be located on public property, within
public easements, or public rights-of--way.
c) The antenna shall be of a size and placement that is
structurally compatible with the engineering design of the pole
pursuant to the North Carolina State Building Code and
attested to by a professional engineer licensed in the State of
North Carolina, and competent to evaluate antenna choices.
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.
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
lecommunications
Prior to issuing a building_permit for the collocation of an antenna array on
an existing facility, an applicant shall demonstrate that the collocation is
located appropriately on the facility with the overall goal being to preserve
the carrying capacity of the facility for future collocations and to minimize
the visual intrusiveness and impact, including the profile of the facility.
In determining the necessary height for a facility, or the height of a collocation on a
facili , the signal strengths analyzed shall be the threshold or lowest signal
strength at which the customer equipment is designed to function, which may be
required to be determined by the manufacturer's published specifications for the
18
customer equipment. All telecommunications towers wireless support 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 Garolina, 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;
2) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites;
3) The search e~ ring_utilized 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);
19
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 ri_g_and there are no alternative technologies
available which could provide the proposed telecommunications service
need without the tower.
a) Certain of the above listed items maybe required to be provided on
a propagation study data form to be provided by the County. ~Geun#y
No tower shall be permitted to
exceed its designed loading capacity. For all towers wireless
support structures attached to existing structures, the statement
shall include certification that the structure .can support the load
superimposed from the tewe~ wireless support structure. All teweFs
wireless support structures shall have 'the capacity to permit multiple
users; at a minimum monopole towers wireless support structures
shall be structurally designed to accommodate four 4 #arve-f~} users
and self-support/lattice or guyed towrers 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.
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 rop eider co-locations shall take priority
over other co-locators.
5) A fewer telecommunications consultant shall provide Planning_Staff
assistance on exorbitant rate leases.
20
fl
6) All wireless support structures shall satisfy all applicable
public safety, land use, or zoning issues required in this
Ordinance, including aesthetics, landscaping, land-use
based location priorities, structural design, setbacks, and fall
zones.
7) Applicants shall evaluate the reasonable feasibility of
collocating new antennas and equipment on an existing
structure or structures within the applicant's search ring:
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-
loration 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 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.
21
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 eighty (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.
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.
22
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.
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. Such fees
may reflect the County's fully allocated costs, and shall not
exceed such costs.
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) ~°^~^~~~ °n^^~~^~ 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 charges or fees assessed to an
applicant on account of an outside consultant in advance and
incorporate these charges and fees into an application fee
that is based on the reasonable costs of the services the
Counter incurs in connection with the application review. The
23
fees and charges aid by the applicant for the services of a
consultant shall not exceed what is usual and customary for
wireless facilities and support structures °~ ~^" ^°^~~^°°. The
foregoing does not prohibit the County from imposing
additional reasonable cost-based fees for the actual costs
incurred by the County fora consultant's review of an
application due to amendments or revisions to the original
application. The amount of the consultant charges
incorporated into the application fee shall be separately
identified and disclosed to the applicant upon request. A
partial escrow payment of $1,000 shall be submitted at the
pre-application meeting to cover associated consulting fees
incurred prior to the formal submittal of an c.,°^.,~ ~ ~^° o°r„•„+
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.
6.18.5 Master Telecommunications Plan ("Plan")
The Plan will assist. providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have
expressed 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 Planning Fee Schedule ^f-o,-Feee.
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.
24
Part II That Article Eight (8) be amended as follows:
8.4 Procedure For Submission and Consideration of Apulications For Approval
of Special Uses.
8.4.1 Pre-Apulication 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 meeting 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 meeting no later than thirty (30) days prior to the meeting 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-r~a~s rin s 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, the Planning Department Staff shall schedule an ATPM
during the month of January with the providers. New applications
for Class A Special Use Permits for telecommunications wireless
support structures will be reviewed twice per year at the County
Commissioners' May and November Public Hearings. New
applications for Class B Special Use Permits for telecommunications
wireless 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
25
proposed site was identified on either the site plan or the search
a~ea~ ring 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 review Advisory
Committee (Df~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 Wireless support structures
Overall Policy and Desired. Goals for Special Use Permits for
Telecommunications T-ewers Wireless Support Structures.
The overall ,policy and desired goals for Special Use Permits for
telecommunications wireless support structures shall be ~promotinq and
encouraging, wherever possible, alternatives to constructing new +^~s wireless
support structures, including but not limited to the co-location of wireless
telecommunications ..equipment and mitigating the visual effect of a
telecommunication 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 wireless
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.
8.8.17a.1 Definitions
Words, terms and phrases, when used in this Section, shall have the meanings
ascribed to them as in ~eEt+en-6-~ Article 22.
26
8.8.17a.1a Additionallnformation
In addition to the information required in Subsections £~1-8:4; 8.2 and 8.8, the
following 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, along with the make, model, and.
manufacturer of the proposed structure, maximum antenna heights, and
power levels.;
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 wireless 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 wireless support ~ structures, co-location of
telecommunications equipment on existing or new fewer-s wireless support
structures_shall be encouraged.
d) Wireless support
structures shall not be located within one-half ~%Z~ mile of any existing
monopole, lattice or guyed telecommunications fewer wireless support
structure. An exception may be allowed when the applicant can sufficiently
demonstrate that_ 1) appropriate space on the existing telecommunication
fewer wireless support 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 support structure and has been
unsuccessful, which must be documented in writing; or 3) the
telecommunication equipment on the existing telecommunication teweF
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--ewer wireless support structure; or 5) the existing
telecommunication-tewe~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 fewer wireless
support structure at the four-carrier capacity or other user capacity that can
be achieved. There must be an ei ht 80%~ approval vote of the deciding
board for this specific finding to pass the exception criteria.
27
e) Evidence that the applicant has investigated the possibilities of placing the
proposed equipment on an existing tswef wireless support structure. Such
evidence shall consist of:
1) A listing of all telecommunications #~~vver~ wireless support structure
within a two 2~-mile radius of the proposed tewwef wireless support
structure site and a listing of all tewefs--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 rin
within which the telecommunication equipment can function as
intended. The following information shall be provided for all existing
wireless support structures within the search ~~ge ring:
a) Telecommunication tewef wireless support structure_height_
.+n ~~.~~+~~ro~ fmm h~+c•o of ~.{, .~^'~~~_~~~ hTryrhicJ+ "om't
4~Jti1Tt.T71TQ7-1-7-t1~e'RCt'~7L~7-C1'1'e-QTY 9 ~~''7
f 7
1
b) Existing and planned fewer wireless support structure users;
c) Whether the existing telecommunication teweF wireless
support structure could accommodate the telecommunication
equipment to be attached to the proposed #$wef 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 +^
wireless support structure, assess whether the existing fewer
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 teweF wireless support structure; and
e) Any restrictions or limitations of the FCC or FAA that would
preclude the shared use of the teweF wireless support
structure;
f) Progation studies of all adjoining planned, proposed, in-
g) Any additional information requested by the County.
28
3) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing tewers wireless
support structures in the search a ring.
f) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed teweF 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~ree-foot (10~') in ~'~~ length, brightly colored red or orange
balloon at the maximum height of the proposed new tewweF 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 Records shall be used
as the p_rimar~source for determining which 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 flaws for at least four (4) consecutive
hours sometime between X10:00 A.M. and 42:00 P.M. on the dates
chosen. The primary date shall be on a weekend (excluding legal
holida s 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. A report containing any comments
received by the applicant in response to the balloon test along with color
photographs from various locations around the balloon 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 properly and all properties within the notification ring,
and copies of the certified mail returned receipts from the mail-out.
29
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 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 #ewef 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 wireless support structure,
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
30
An assessment of the visual impact of the wireless support structure base,
guy wires and accessory buildings from abutting and adjacent properties
and streets shall be considered to determine the need of screening.
All Applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect reasonably
possible and thereby have the .least adverse visual effect on the
environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
Both the telecommunications 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 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 writin aq nd 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 Coun may require.. .
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.
__
- - _ __
__
m~ 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.
All wireless support structures shall satisfy all applicable public safety, land
'use or zoning issues 'required in this Ordinance, including aesthetics;
landscaping land-.use based location priorities, structural design, setbacks;
and fall zones.:
31
8.8.'i7a.2 Standards of Evaluation
The following specific standards~~~I-a~ }"--€^~ in c°^+i~n ~ ~ Q .+ n+ +ho
,.. _
i~~g--Ors shall be used in deciding upon an application for approval:
a)
r+r ~~ro /L".\ h nn +ho (°~n+ nr°forror-!•
p,-efe~e~-at~d-pd~ e+r<~ n-n-,~~~,-~~,-~-Location o
Wireless Support Structures. Applicants for facilities shall locate, site and
erect said facilities according to the following priorities, in_ he following
order:
7 nn i~""~ er nr n+~ c+r~ ~n+~ ~r°c•
-~-~~e~c,~~...J tamer-e-m ~~,-a~«-~
,
,
4. nn ~ c.+n~l+h f~nilifir•
y~., r
C. Ati'te~F+a~e~'tltfediC~'S •nri+~r 7 '~ `2 nr 4,_
v-~-c , ,
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.
32
f) Within or adjacent to residential zoning districts, minimum setbacks from
the base of the wireless support structure to the property boundary shall be
equal to 110% of the wireless support structure height. If the wireless
support structure is proposed as an accessory use to a residential use, the
setback shall be 110% of the wireless support structure height from any
residence or dwelling unit on the subject property.
g) Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the wireless support structure to the
property boundary shall be the greater of 20% of the tower height, or the
minimum required setback.
h) A Type C Landscape Buffer shall be provided between the wireless support
structures and its accessory- structures and adjoining. property/properties.
Existing vegetation may be removed only to the extent. necessary to
accommodate the wireless support structures, equipment buildings, and
support structures such as guy wires. Plantings around the compound
perimeter, outside of any fence or wall, shall be 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 ei ht 8'~-foot fence or wall shall be required around the base of any
wireless support structures. This fence or wall shall encompass all
accessory equipment within the compound. 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 wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
1) The planned equipment would exceed the structural capacity of existing
and approved wireless support structures, considering existing and
planned use of those wireless support structures and the wireless
support structures cannot be reinforced to accommodate planned or
equivalent equipment at a reasonable cost.
2) The planned equipment would cause radio frequency interference
with other existing or planned equipment for these wireless support
33
structures, and the interference cannot be prevented at a reasonable
cost.
3) Existing or approved wireless support structures do not have space
on which the equipment can be placed so it can function effectively
and reasonably in parity with similar existing or approved equipment.
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 e~ 4 d-) Via, and the Special Use
Permit includes a statement that the owner of the wireless support structure
is willing to permit other user(s) to attach communication equipment which
do not interfere with the primary purpose of the wireless support structure,
provided that such other users agree to negotiate a reasonable
compensation to the owner from such liability as may result from such
attachment.
m) ,
~~+,fz° ''~~.,~~ ,.~,.,.,.,+ 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~rohibitingthe provision of service in the County.
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 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.
n) The wireless support structures will not be artificially lighted unless required
by the FAA, FCC or other federal or state agency. Where such agencies
allow a choice between painting the tower or installing strobe lighting,
painting shall be the preferred choice.
If lightin_ iq s legally required or proposed, the applicant shall provide a
detailed plan for sufficient lighting of as unobtrusive and inoffensive an
effect as is permissible under State and federal regulations. For any Facility
for which lighting is required under the FAA's regulations, or that for any
34
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 around 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 includingantennas, towers and other supporting structures, such
as guy anchor points and wires, shall be made inaccessible to individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and transmitters and telecommunications control points
persons authorized to operate or service them.
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 IoncL 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 twelve 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 twelve ~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.
35
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 thi 30~days of
installation of equipment on the tower, and within th;rty ~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.
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.
5) Facilities shall contain a sign no larger than four ~4) square feet to
provide adequate notification to persons in the immediate area of the
presence of RF radiation or to control exposure to RF radiation
within a given area. A sign of the same size is also to be installed to
contain the names) of the ownerLs~ and operators of the
antennaLZ as well as emergenc~r phone number(s). The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site, as applicable, is also to be present. The signs shall
not be lighted, unless applicable law, rule or regulation requires
li hg ting_
36
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.
v)
8.8.17a.4. Remova{ of 1iVireless Support Structures and Facilities.
The owner of any facility shall be required to provide a minimum of thirty (30) dam
written notice to the County Clerk prior to abandoning any facility. Under the
following circumstances, the County may determine that the health, safety,
and welfare interests of the County warrant and require facility. removal.
Facilities that have been abandoned (i.e. not used as facilities) for a period
exceeding ninety consecutive ninety (90) days or a total of one hundred-
eighty (18~ days in any three hundred-sixty five (365) day period, except
forperiods caused by force majeure or Acts of God, in which case, repair or
removal shall commence within ninet~~90) days of abandonment;
b) Permitted facilities fall into such a state of disrepair that it creates a health
or safetyhazard;
c) Facilities have been located, constructed, or modified without first
obtaining, or. in a manner not authorized by, the required Special Use
Permit, or any other necessary authorization and the Special Use Permit
may be revoked.
If the Counter makes such a determination as noted above, then the County shall
notify the holder of the facility Special Use Permit within forty-eight (48) hours that
said facility shall be removed; the County may approve an interim temporary use
agreement/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 original condition as is possible, such restoration being
limited only physical or commercial impracticability, within ninety (90) days of
receipt of written notice from the County. However, if the owner of the property
upon which the facility are located wishes to retain any access to the facility, the
owner may do so with the approval of the County.
If a facility is not removed or substantial progress has not been made to remove
the Facilities within ninety X90) 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, and the facility owner
does not claim and remove it from the site to a lawful location within ten (10) days,
37
then the County may take steps to declare the facility abandoned, and sell them
and their components.
Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facile 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 Count / and the holder of the Special Use Permit and the County shall
execute an agreement to such plan. If such a plan is not developed, approved and
executed within the ninety X90) da ty ime 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.
8.8.17x.4. Bond Security.
The applicant and the owner of .record, of any proposed facility property site shall,
at its cost and expense be jointly required to execute and file with the County a
bond or other form of security acceptable. to the County as to type of security and
the form and manner of execution in an amount of at least $75,000.00 for a
tower and with such sureties as are deemed sufficient by the County to assure the
faithful performance of the terms and conditions of this Section and conditions of
any Special Use Permit issued~ursuant 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 completed to
restore the site to a condition comparable to that, which existed prior to the
issuance of the original Special Use Permit.
8.8.17a 5. 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 injuries, death and
property damage and umbrella insurance coverage, for the duration of the
Special Use Permit in the following amounts:
a. Commercial General Liability covering personal injuries, death and property
damage: $1 000 000 der occurrence/$2,000,000 aggregate; and
b. Automobile Coverage: $1 000 000.00 per occurrence/ $2,000,000
aggregate; and
c. A $3 000,000 Umbrella coverage; and
d. Workers Compensation and Disability: Statutory amounts.
For a wireless support structure on County property, the Commercial General
Liability insurance~olicy shall specifically name the County as an additional
insured The insurance policies shall be issued by an agent or representative of
an insurance company licensed to do business in the State and with a Best's
rating of at least A. The insurance policies shall contain an endorsement
obligating the insurance company to furnish the County with at least thirty f 30)
days prior written notice in advance of the cancellation of the insurance. Renewal
or replacement~olicies or certificates shall be delivered to the County at least
38
fifteen X15) days 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 (15) days prior to the grant of the building permit, the holder of the Special
Use Permit shall deliver to the County a copy of each of the policies or certificates
representincLthe insurance in the required amounts. A Certificate of Insurance
that states that it is for informational purposes only and does not confer rights
upon the County shall not be deemed to comply with this Section.
Pe4RT III. That Article Twenty-two (22) Definitions be amended by creating a new Section
entitles Definitions -Telecommunication Facilities to read as follows:
Deftnitions -Telecommunication Facilities: The following terms concerning
telecommunication wireless support structures as contained within Article 6 and
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.
Antenna A system of electrical conductor communications equipment that
transmits and/or receives electromagnetic radio signals used in the provision of all
types of wireless communications services.
Applicant -Any wireless service provider or wireless support structure owner
submitting an application for a wireless facility.
Application - A formal request, containing all necessary and required
documentation, submitted to Orange County to construct or modify a wireless
support structure or a wireless facility.
Board -The Orange County Board of County Commissioners.
Building Code -The most recently adopted or amended edition of the North
Carolina State Building Code.
Building permit - An official Orange County administrative authorization to begin
construction consistent with the provisions of G.S. 153A-357.
Collocation -The installation of new wireless facilities on previously approved
structures, including wireless support structures, buildings, 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
39
particular financial return on investment or profit, standing alone, and for a single
site shall not deem a situation to be commercially impracticable and shall not
render an act or the terms of an agreement commercially impractical.
EIA-222 -Electronics Industries Association Standard 222 (Structural Standards
for Steel Antenna Wireless support structures and Antenna Support Structures).
Equipment enclosure - An enclosed structure, cabinet, or shelter used to contain
radio or other eguipment necessary for the transmission or reception of wireless
communication signals.
Existing Structure/Building=For purposes of this Section, andbuilding or structure
that currently exist on a parcel of land. Such structures may include, but shall not
be limited to telecommunications wireless support structures, overhead
transmission line support structures, water tanks, silos, churches, schools, and
utilit,Lr poles.
Extraordinary Conditions -Conditions subsequent to a hurricane, flood, tornado,
or other natural or other disaster.
FAA -The Federal Aviation Administration or its duly designated and authorized
successor agency
FCC -The Federal Communications Commission or its duly designated and
authorized successor agenc rL.
Fall Zone -The area in which a wireless support structure may be expected to fall
in the event of a structural failure, as measured by engineering standards.
Guyed Wireless support structure - A telecommunication wireless support
structure that is supported, in whole or in part, by guy wires and ground anchors.
Height -When referring to a wireless support structure, the distance measured
from the pre-existing grade level to the highest point on the structure, including
any antenna or lightening protection device.
Inspections Division - A division of the Orange County Planninq_and Inspections
Department.
Master Telecommunications Plank"Plan") - A flan developed for Orange County
by the County's Planning 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 m~ be shown on the plan will include existing wireless
support structures, County defined Natural Areas, historic properties, scenic
corridors all maLor electrical lines, Voluntary Agricultural Districts, existing
telecommunication wireless support structures, known bird migratory patterns
through the County and all public and quasi-public properties that may allow
telecommunication facilities. The Plan will be for purposes of disclosing
40
information to telecommunication providers when they are seeking to establish
their telecommunication networks in the County.
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 change of any of the physical
and visually discernable components or aspects of a wireless facility or support
structure, such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds changing the color or materials or any visually discernable
components vehicular access, parking and/or an upgrade or. change-out of
equipment for better or more modern equipment. 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 guy wires and ground anchors.
Necessary -What is technologically required for the equipment to function as
desi nq ed by the manufacturer and that anything less will result in prohibiting or
acting in a manner that prohibits the provision of service as intended and
described in the application.
VIER -Non-Ionizing Electromagnetic Radiation.
Panel Antenna - An inconspicuous, relatively flat, square or rectangular antenna
designed 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
OPTS) shall have the same meaning as defined and used in the 1996
Telecommunications Act.
Repairs and maintenance -The replacement or repair of any components of a
wireless facility where the replacement is identical to the component being
replaced or for any matters that involve .the normal repair and maintenance of a
wireless facility without the addition, removal or change of any of the physical or
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 ridgeline of the structure, not including 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 using the
wireless facility or fireless support structure.
41
Self-Support/Lattice Wireless support structure - A tapered structure broad at the
base and narrower at the top consisting of cross-members and diagonal bracing
and without guyed support.
State -The State of North Carolina.
Stealth or Stealth Technology - A design 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 requested
location of such wireless support structures, which shall mean building the least
visually and~hysically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances. Stealth technology includes
such technology as Distributed Antenna System (DAS) or its functional equivalent
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 Equipment -Equipment, 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;`:°>using stealth
technology such that its primary purpose is, or visually appears to be, something
other than the support of telecommunications equipment, 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 existing telecommunications wireless
support structures for road projects, casualty of existing telecommunications
wireless support structures, blocking of signals from new construction
necessitatinq_a relocation of a telecommunication wireless support structure, or
the need to replace an existing 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 signals in
three hundred sixty (360°) de rq ees.
Wireless facility -The set of equipment and network components, exclusive of the
underlying support structure or tower, including antennas, transmitters, receivers
base stations, power supplies, cabling, and associated equipment necessary to
provide wireless. data and telecommunications services to a discrete geographic
area. This may also be referred to as a Personal Wireless Facility.
Wireless support structure -Anew or existing structure, such as a monopole,
lattice, or guyed tower that is designed to support or capable or supporting
wireless facilities. A utility pole is not a wireless support structure.
42
Wireless Telecommunications Facility (WTF) includes both Telecommunications
Site and Personal Wireless Facility - A structure, facility or location designed, or
intended to be used as or used to support antennas or other transmitting or
receivincl devises. This includes without limit wireless support structures of all
types kinds and structures including but nat limited to buildings church steeples
silos water towers signs or other structures that can be used as a support
structure for antennas or the functional equivalent of such. If further includes all
related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility .intended for
transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal
less
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
Attachment 3
~3
Excerpt of draft Planning Board Minutes
DRAFT
Minutes
Orange County Planning Board
May 7, 2008
Regular Meeting
Members Present: Jay Bryan, Chapel Hill Representative (Chair); Crawford Goodwin,
Hillsborough Representative; Michelle Kempinski, Cedar Grove Township at Large;
Renee Price, Hillsborough Township at Large (Vice-Chair); Larry Wright, Cedar Grove at
Large; Bernadette Pelissier, Bingham Township,. Judith Wegner, Bingham Township, at
Large.
Members Absent: Sandra Quinn, Eno Township; Brian Crawford, Eno Township at-Large;
Cheeks Township -Vacant.
Staff Present: Craig Benedict, Planning Director, Tom Altieri, Comprehensive Planning
Supervisor; Michael Harvey, Planner 11, Donna Davenport; Administrative Assistant 11,
Robert Davis, Current Planning Supervisor, Eddie Kirk, Planner 11, Glenn Bowles, Planner
11.
Other Attendees: Mark O'Neal, Tycon Properties; Geoff Gledhill, County Attorney
Agenda Item 14: Telecommunications Wireless Facility Zoning Ordinance Amendments
Presenter: Glenn Bowles
Glenn Bowles: Ideal with changes to our telecommunications ordinance. On April1, at the
Quarterly Public Hearing, a question was asked, does our authority to review
telecommunications change because of these new regulations and the answer from the
Attachment 3e consultant was no, it rearranges things a bit. Last year, the General Assembly
amended Chapter 153A to deal with telecommunications towers. There were six different items
changed slightly. The main item was that local governments could no longer deal with tower
provider business decisions. Before we could deny a cell tower if it did not have a collocator
associated with that application. We now no longer have that authority. A spec tower can be
located in the community with the Special Use Permit. The-flip side is that they cannot build it
without a collocator. Also, the Special Use Permit has atwo-year shelf life as opposed to one
year we now have. In reviewing this with our consultant, we also make additional changes,
which are listed. There are seven items listed.
Jay Bryan: What is staff s recommendation?
Glenn Bowles: They recommend approval to the Board.
MOTION made by Judith Wegner to approve. Seconded by Renee Price
VOTE: Unanimous.
Jay Bryan: If this should happen again, could we have more of a summary?
Attachment 4
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 as
follows:
Part I That Article 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 provision of advanced wireless
telecommunications services through the community with the goal of establishing
reliable wireless service to the public, governmental agencies, and first
responders in a manner that provides for the public safety and general welfare of
its citizens.
6.18.1 Administrative Approval of Certain Telecommunication Facilities
The following telecommunication facilities may be approved administratively as
specified herein:
a) New stealth telecommunications wireless support structures up to seventy
five (75') feet in height that are sufficiently disguised so as to minimize
visual impact; any wireless support structure less than seventy-five (75')
feet in height; any wireless support structure less than one hundred fifty
(150') feet in height that is located on property that is owned or leased by
Orange County; and any wireless support structure less than one hundred
fifty (150') feet in height on which the .owner of such facility permits the
County to collocate its wireless facilities on the structure at no charge to the
County when the location of such facility is of benefit to the County as
determined in the sole discretion of the County 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 approving or denying an application for administrative
approval of a telecommunication facility under Section 6.18.1 shall be
issued no later than forty-five (45) days following the submission of a
complete application.
c) Collocation applications shall meet the following requirements in order to be
eligible for administrative approval under this Section 6.18.1:
45
1) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached.
2) The proposed additional facility will not increase the ground space
approved in the site plan for equipment enclosures and ancillary
facilities.
3) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
4) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
5) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
d) All applications for telecommunication facilities that are eligible for
administrative approval must contain each of the following components in
order to be deemed complete:
1)Payment of all applicable fees required by Section 6.18.3(f) of this
Ordinance and engineering or consultant fees incurred by the County in
evaluating the application.
2)A signed 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 applicable permits
and authorizations, without exception, as well as all applicable and
permissible local codes, ordinances, and regulations, .including any and
all applicable County, State and Federal Laws, rules, and regulations.
3) A signed statement from the applicant certifying that the applicant 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
showing the footprint, location and dimensions of access drives,
landscaping and buffers, fencing as well as all other requirements for
site plans required by Article XIV.
5)Elevation drawings showing the vertical rendition of the wireless support
structure identifying all users, attachments, and all related fixtures,
structures, appurtenances and apparatus, including height above the
lowest adjacent pre-existing grade, materials, color and lighting and
shielding.
6)The azimuth, size and centerline height location of all proposed and
existing 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;
46
8)The age of the existing tower (if any) in years, including the date of the
grant of the original permit or authorization for the existing tower;
9)A description of the type of wireless support structure, e.g. guyed, 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 any 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 changes are made;
11) A copy of the installed foundation design, as well as a geotechnical
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 guyed 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 preceding schedule, an ANSI report shall be
done and submitted as part of the application. No Building Permit shall
be issued for any wireless support structure where the structure being
attached to is in need of remediation, unless and until the County
Planning and Inspections Department has approved all remediation
work needed has been completed or a schedule for the remediation
work.
13) A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer's currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including any equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
14) If attaching to a structure other than a tower or where the proposed
attachment is within thirty (30') feet of areas to which the public has or
could reasonably have or gain access to, documentation shall be
provided, including all calculations, proving that the potential exposure
to RF radiation (i.e. Non-Ion Emitting Radiation), will be comply with the
most recent FCC regulations governing RF radiation and exposure
thereto, and further denoting the minimum distance from any antennas
an individual may safely stand without being exposed to RF radiation in
excess of the FCC's permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC's
permitted standards. Compliance with the FCC's regulations, in such
ari instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
47
15) If the modification or antenna array Collocation is thirty (30') feet or
more above ground level, then a signed document such as the FCC's
"Checklist to Determine whether a Wireless support structure may be
Categorically Excluded" shall be provided to verify that the modification
or antenna array co-location will fully comply with the current FCC's RF
emissions regulations. If not categorically excluded, a complete RF
emissions study is required to enable compliance verification, including
providing all calculations so that such may be verified prior to issuance
of a Building Permit;
16) If any section or portion of the structure to be attached to is not in
compliance with the FCC's regulations regarding RF .radiation, that
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC's
regulations, and be marked off with yellow and black striped warning
tape or a suitable warning barrier, as well as placing RF radiation signs
as needed and appropriate to warn individuals of the potential danger;
17) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
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 any equipment on the roof a building after the addition of the
proposed new facilities.
19) 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 require the applicant, to the extent permitted by
law, to at all times defend, indemnify, protect, save, hold harmless, and
exempt the County, and its officers, boards, employees, committee
members, attorneys, agents, and consultants from any and all penalties,
damages, costs, or charges. arising out of any 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 equity, which might arise out of, or are caused by, the placement,
construction, erection, modification, location, performance, use,
operation, maintenance, repair, installation, replacement, removal, or
restoration of said facility, excepting, however, any 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 servants or agents. With respect to the penalties,
damages or charges referenced herein, reasonable attorneys' fees,
consultants' fees, and expert witness fees are included in those costs
that the County can recover. Notwithstanding the requirements noted
above, an indemnification provision will not be required in those
48
instances where the County itself applies for and secures a Special Use
Permit for a wireless facility.
e) Applications for administrative approval of telecommunication wireless
facilities shall demonstrate compliance with the following design criteria:
1) In order to protect the nature and character of the community
wherein the facility is proposed, and in order to create the least
visually intrusive impact reasonably possible, any antenna
attachment to a building 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 prohibiting the provision of wireless
service, and all antenna attachments and exposed cabling shall use
camouflage or stealth techniques to match as closely as possible the
color and texture of the building 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 prohibiting 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 prohibiting or having the effect of prohibiting
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 prohibiting the provision of service.
4) Unless the County deems it inappropriate or unnecessary, given 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 equipment and structures
of the proposed wireless support structure up to a height of ten (10')
feet.
5) The wireless support structure and any and all accessory facilities
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, 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
49
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 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 and shall comply with any
County or State regulations 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 any applicable regulations 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
regulations.
f) In addition to the .foregoing and requirements of Section 6.18.4, applicants
applying for building permit 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 including and explaining
the purpose for the facility, such as coverage .and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage;
2) Technical documentation demonstrating that the facility is designed
to provide the service type and service coverage 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 coverage
and/or, if a capacity issue is involved, to include an analysis of the
current and projected 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, including, but not limited to any assumptions 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 required by the FCC;
5) The frequency, 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
50
transmission facilities if the applicant is not a cellular or functional
equivalent carrier;
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;
11) 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 overlay in which the property is
situated; The area of the property on which the structure to be
attached to is located, stated both in square feet and acres and
perimeter lot line dimensions, and a survey showing the location of
all lot lines, metes and bounds, and all easements;
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 Wireless telecommunications support structures and equipment as principal
or accessory uses
a) Telecommunications 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 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.
51
3) The placement of a new telecommunications wireless support
structures in any zoning district must be approved as a Special Use,
except as permitted in the Master Telecommunications Plan ("Plan"~
or by Section 6.18.1 of this Ordinance.
b) Existing Telecommunications Wireless Support Structures
2) Telecommunications equipment as accessory uses may be placed
on existing 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 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 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 Director 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.
b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication wireless support structure or antennas are in
compliance with FAA regulations. Where an antenna will not exceed the
highest point of the existing structure upon which it is to be mounted, such
evidence shall not be required.
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.
52
d) Building or rooftop stealth antennas shall be subject to the following
minimum standards:
1) No commercial advertising shall be allowed on an antenna;
3) 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 not 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 thirty-three (33') feet tall. Antennas may be placed on
buildings less than thirty-three (33') 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;
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 (000) square feet of gross floor area per user or be
more than twelve (12) feet in height;
8) If the equipment building is located on the roof of the building, the
area of the equipment building shall not occupy more than twenty-
53
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;
9) Antennas may be located on poles owned or controlled by the
County or by a utility provider pursuant to the following regulations:
c) 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 Carolina, 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.
f) 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.
2) 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.
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 1Nireless Support Structures
Only Requiring Building Permit
54
Prior to issuing a building permit for the collocation of an antenna array on
an existing facility, an applicant shall demonstrate that the collocation is
located appropriately on the facility with the overall goal being to preserve
the carrying capacity of the facility for future collocations and to minimize
the visual intrusiveness and impact, including the profile of the facility.
In determining the necessary height for a facility, or the height of a collocation on a
facility, the signal strengths analyzed shall be the threshold or lowest signal
strength at which the customer equipment is designed to function, which may be
required to be determined by the manufacturer's published specifications for the
customer equipment. All telecommunications wireless support structures must
meet the following minimum standards:
e) 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;
2) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites;
3) The search ring utilized 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;
55
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 ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
11)Certain of the above listed items may be required to be provided on a
propagation study data form to be provided by the County. 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 wireless support structure. All wireless
support structures shall have the capacity to permit multiple users; at a
minimum monopole wireless support structures shall be structurally
designed to accommodate four (4) users and self-support/lattice or
guyed 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.
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 provider co-locations shall take priority over other
co-locators.
5) A telecommunications consultant shall provide Planning Staff
assistance on exorbitant rate leases.
6) All wireless support structures shall satisfy all applicable public safety,
land .use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
7) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant's search ring.
56
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 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
57
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.
inspection by the owner or by inspection o
to be structurally unsafe and cannot be
within one hundred and eighty (180' days
Any tower found, through
f the Inspections Division,
brought into compliance
shall be removed at the
5)
owner's expense.
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.
f) 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.
g) 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.
h) 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,
58
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.
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. Such fees
may reflect the County's fully allocated costs; and shall not
exceed such costs.
d) 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
charges or fees assessed to an applicant on account of an
outside consultant in advance and incorporate these charges
and fees into an application fee that is based on the
reasonable costs of the. services the County incurs in
connection with the application review. The fees and charges
paid by the applicant for the services of a consultant shall not
exceed what is usual and customary for wireless facilities and
support structures. The foregoing does not prohibit the
County from imposing additional reasonable cost-based fees
for the actual costs incurred by the County for a consultant's
review of an application due to amendments or revisions to
the original application. The amount of the consultant
charges incorporated into the application fee shall be
separately identified and disclosed to the applicant upon
request. A partial escrow payment of $1,000 shall be
submitted at the pre-application meeting to cover associated
consulting fees incurred prior to the formal submittal of an
application. The escrow amount required at the formal
59
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.
6.18.5 Il~aster Telecommunications Plan ("Plan")
The Plari will assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have
expressed 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 Planning Fee Schedule.
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.
Part 11 That Article Eight (8) be amended as follows:
8.4 Procedure For Submission and Consideration of Applications For Approval
of Special Uses.
8.4.2 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)
60
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 meeting 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 meeting no later than thirty (30) days prior to the meeting 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 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, the Planning
Department Staff shall schedule an ATPM during the month of
January with the providers. New applications for Class A Special
Use Permits for telecommunications wireless support structures will
be reviewed twice per year at the County Commissioners' May and
November Public Hearings. New applications for Class B Special
Use Permits for telecommunications wireless 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 ring plan shown at the ATPM.
3) 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 Advisory Committee
(DAC) that such a waiver is necessary. The DAC shall make a
61
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 Wireless support structures
Overall Policy and Desired Goals for Special Use Permits for
Telecommunications Wireless Support Structures.
The overall policy and desired goals for Special Use Permits for
telecommunications wireless support structures shall be promoting 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 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 wireless
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.
8.8.17a.1 Definitions
Words, terms and phrases, when used in this Section, shall have the meanings
ascribed to them as in Article 22.
8.8.17a.1a Additionallnformation
In addition to the information required in Subsections 8.2 and 8.8, the following
shall be submitted as part of the application.
a) A Site Plan showing 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, along with the make, model, and
62
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
h) 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 wireless 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 wireless .support structures, co-location of
telecommunications equipment on existing or new wireless support
structures shall be encouraged.
i) Wireless support structures shall not be located within one-half (~/2) mile of
any, existing monopole, lattice or guyed telecommunications wireless
support structure. An exception may be allowed when the applicant can.
sufficiently demonstrate that: 1) appropriate space on the existing
telecommunication wireless support structure is not available; or 2) the
applicant has made good faith effort to negotiate an agreement with the
owner of the existing telecommunication wireless support structure and has
been unsuccessful, which must be documented in writing; or 3) the
telecommunication equipment on the existing telecommunication 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 wireless
support structure; or 5) the existing telecommunication 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 wireless support structure at the four-carrier capacity or other user
capacity that can be achieved. There must be an eighty (80%) .approval
vote of the deciding board for this specific finding to pass the exception
criteria.
j) Evidence that the applicant has investigated the possibilities of placing the
proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
1) A listing of all telecommunications wireless-support structure within a
two (2)-mile radius of the proposed wireless support structure site
and a listing of all wireless support structure, utility poles and other
structures in the vicinity of the proposed facility that are technically
feasible for utilization by the applicant to fill all or a substantial
portion of the telecommunications service need identified by the
Applicant pursuant to 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.
63
2) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as intended.
The following information shall be provided for all existing wireless
support structures within the search ring:
a) Telecommunication wireless support structure height;
c) Existing and planned wireless support structure users;
c) Whether the existing telecommunication wireless support
structure could accommodate the telecommunication
equipment to be attached to the proposed wireless support
structure without causing structural instability or radio
frequencyinterference; and
d) If the .proposed telecommunication equipment cannot be.
accommodated on the existing telecommunication 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 wireless support structure; and
e) Any restrictions or limitations of the FCC or FAA that would
preclude the shared use of the wireless support structure;
k) Progation studies of all adjoining planned, proposed, in-
service, or existing sites, and;
I) Any additional information requested by the County.
3) A summary ,explanation of why proposed, telecommunication
equipment cannot be located on any of the existing wireless support
structures in the search ring.
f) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
g) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 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.
64
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 foot (10~') in length, brightly colored red or orange balloon at the
maximum height of the proposed new wireless support structure. The
applicant shall mail ~4 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 Records shall be used as the primary source
for determining which 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
10:00 A.M. and 2:00 P.M. on the dates chosen: The primary date shall be
on. a weekend (excluding legal holidays), but to prevent delays in the
processing of the application, and in case of poor weather or atmospheric
conditions on the initial date, the secondary date may be a weekday. A
report containing any comments received by the applicant in response to
the balloon test along with color photographs from various locations around
the balloon 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 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
65
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.
n) All buildings and other structures to be located on the same zoning lot as a
telecommunication tower wireless support structure shall conform with the
setbacks established for the zoning district or as established through the
subdivision process, whichever is greater.
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 wireless support structure,
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 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 wireless support
structure is sited so as to have the least visually intrusive effect reasonably
possible and thereby have the least adverse visual effect on the
environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
Both the telecommunications 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 wireless support structure site, an access road,
turn around space and parking shall be provided to assure adequate
66
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 require.
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.
m) 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.
n) All wireless support structures shall satisfy all applicable public safety, land
use, or zoning issues required in this Ordinance, including aesthetics,
landscaping, land-use based location priorities, structural design, setbacks,
and fall zones.
8.8.17a.2 Standards of Evaluation
The following specific standards shall be used in deciding upon an application for
approval:
b} Location of Wireless Support Structures. Applicants for facilities shall
locate, site and erect said facilities according to the following priorities, in
the following order:
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.
67
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 wireless support structure to the property boundary shall be
equal to 110% of the wireless support structure height. If the wireless
support structure is proposed as an accessory use to a residential use, the
setback shall be 110% of the wireless support structure height from any
residence or dwelling unit on the subject property.
g) Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the wireless support structure to the
property boundary shall be the greater of 20% of the tower height, or the
minimum required setback.
h) A Type C Landscape Buffer shall be provided between the wireless support
structures and its accessory structures and adjoining property/properties.
Existing vegetation may be removed only to the extent necessary to
accommodate the wireless support structures, equipment buildings, and
support structures such as guy wires. Plantings around the compound
perimeter, outside of any fence or wall, shall be 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
68
regulated by the FCC shall comply with the Outdoor Lighting Standards set
forth in Section 6.31 of the Zoning Ordinance.
j) An eight ($') foot fence or wall shall be required around the base of any
wireless support structures. This fence or wall shall encompass all
accessory equipment within the compound. 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/ownertyish to do so.
k) The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
2) The planned equipment would exceed the structural capacity of existing
and approved wireless support structures, considering existing and
planned use of those wireless support structures and the wireless
support structures cannot be reinforced to accommodate planned or
equivalent equipment at a reasonable cost.
2) The planned equipment would cause radio frequency interference
with other existing or planned equipment for these wireless support
structures, and the interference cannot be prevented at a reasonable
cost.
3) Existing or approved wireless support structures do not have space
on which the equipment can be placed so it can function effectively
and reasonably in parity with similar existing or approved equipment.
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.
o) . The communications tower is structurally designed. to support additional
users as provided for in Section 6.18.4 e) 4, ,and the Special Use Permit
includes a statement that the owner of the wireless support structure is
willing to permit other user(s) to attach communication equipment which do
not interfere with the primary purpose of the wireless support structure,
provided that such other users agree to negotiate a reasonable
compensation to the owner from such liability as may result from such
attachment.
p) 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.
Structures shall be galvanized and/or painted with arust-preventive paint of
an appropriate color to harmonize with the surroundings. All new or
replacement antennas, except omni-directional whip antennas, shall be
69
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.
n) The wireless support structures will not be artificially lighted unless required
by the FAA, FCC or other federal or state agency. Where such agencies
allow a choice between painting the tower or installing strobe lighting,
painting shall be the preferred choice.
If lighting is legally required or proposed, the applicant shall provide a
detailed plan for sufficient lighting of as unobtrusive and inoffensive an
effect as is permissible under State and federal regulations. For any Facility
for which lighting is required under the FAA's regulations, or that for any
reason has lights attached, all such lighting shall be affixed with technology
that enables the light to be seen as intended from the air, but that prevents
the ground scatter effect so that it not able to be seen from the ground to a
height of at least 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 long
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, including antennas, towers and other supporting structures, such
as guy anchor points and wires, shall be made inaccessible to individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and transmitters and telecommunications control points
shall be installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
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
~o
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 twelve (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 twelve (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 thirty (30) days of
installation of equipment on the tower, and within thirty (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.
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.
n
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.
5) Facilities shall contain a sign no larger than four (4) square feet to
provide adequate notification to persons in the immediate area of the
presence of RF radiation or to control exposure to RF radiation
within a given area. A sign 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 emergency phone number(s). The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site, as applicable, is also to be present. The signs shall
not be lighted, unless applicable law, rule or regulation requires
lighting.
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.
w) 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.
8.8.17x.4. Removal of Wireless Sut~port Structures and Facilities.
The owner of any facility shall be required to provide a minimum of thirty (30) days
written notice to the County Clerk prior to abandoning any facility. ,Under the
following circumstances, the County may determine that the health, safety,
and welfare interests of the County warrant and require facility removal.
a) Facilities that have been abandoned (i.e. not used as facilities) for a period
exceeding ninety consecutive ninety (90) days or a total of one hundred-
eighty (180) days in any three hundred-sixty five (365) day period, except
for periods caused by force majeure or Acts of God, in which case, repair or
removal shall commence within ninety (90) days of abandonment;
b) Permitted facilities fall into such a state of disrepair that it creates a health
or safety hazard;
c) Facilities have been located, constructed, or modified without first
obtaining, or in a manner not authorized by, the required Special Use
Permit, or any other necessary authorization and the Special Use Permit
may be revoked.
~a
If the County makes such a determination as noted above, then the County shall .
notify the holder of the facility Special Use Permit within forty-eight (48) hours that
said facility shall be removed, the County may approve an interim temporary use
agreement/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 original 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 County. However, if the owner of the property
upon which the facility are located wishes to retain any access to the facility, the
owner may do so with the approval of the County.
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, and the facility owner
does not claim and remove it from the site to a lawful location within ten (10) days,
then .the County may take steps to declare the facility abandoned, and sell them
and their components.
Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement 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 agreement 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 required to execute and file with the County a
bond, or other form of security acceptable to the County as to type of security and
the form and manner of execution, in an amount of at least $75,000.00 for a
tower and with such sureties as are deemed sufficient by the County to assure the
faithful performance of the terms and conditions of this Section and conditions of
any Special Use Permit issued pursuant to this Section. The full amount of the
bond or security shall remain in full force and effect throughout the term of the
Special Use Permit and/or until any necessary site restoration is completed to
restore the site to a condition comparable to that, which existed prior to the
issuance of the original Special Use Permit.
8.8.17a 5. Liability Insurance.
73
A holder of a Special Use Permit for a wireless support structure shall secure and
at all times maintain public liability insurance for personal injuries, death and
property damage, and umbrella insurance coverage, for the duration of the
Special Use Permit in the following amounts:
aggregate; and
g. A $3,000,000 Umbrella coverage; and
h. Workers Compensation and Disability: Statutory amounts.
e. Commercial General Liability covering personal injuries, death and property
damage: $1,000,000 per occurrence/$2,000,000 aggregate; and
f. Automobile Coverage: $1,000,000.00 per occurrence/ $2,000,000
For a wireless support structure on County properly, the Commercial General
Liability insurance policy shall specifically name the County as an additional
insured. The insurance policies shall be issued, by an agent or representative of
an insurance company licensed to do business in the State and with a Best's
rating of at least A. The insurance policies shall contain an endorsement
obligating the insurance company to furnish the County with at least thirty (30)
days 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) days 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 (15) days prior to the grant of the building permit, the holder of the Special
Use Permit shall deliver to the County a copy of each of the policies or certificates
representing the insurance in the required amounts. A Certificate of Insurance
that states that it is for informational purposes only and does not confer rights
upon the County shall not be deemed to comply with this Section.
PART III. That Article Twenty-two (22) Definitions be amended by creating a new Section
entitles Definitions -Telecommunication Facilities to read as follows:
Definitions -Telecommunication Facilities: The following terms concerning
telecommunication wireless support structures as contained within Article 6 and
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.
Antenna -A system of electrical conductor communications equipment that
transmits and/or receives electromagnetic radio signals used in the provision of all
types of wireless communications services.
Applicant -Any wireless service provider or wireless support structure owner
submitting an application for a wireless facility.
74
Application - A formal request, containing all necessary and required
documentation, submitted to Orange County to construct or modify a wireless
support structure or a wireless facility.
Board -The Orange County Board of County Commissioners.
Building Code -The most recently adopted or amended edition of the North
Carolina State. Building Code.
Building permit - An official Orange County administrative authorization to begin
construction consistent with the provisions of G.S. 153A-357.
Collocation -The installation of new wireless facilities on previously approved
structures, including wireless support structures, buildings, 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
particular financial return on investment or profit, standing alone, and for a single
site, shall not deem a situation to be commercially impracticable and shall not
render an act or the terms of an agreement commercially impractical.
EIA-222 -Electronics Industries Association Standard 222 (Structural Standards
for Steel Antenna Wireless 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 signals.
Existing Structure/Building -For purposes of this Section, any building or structure
that currently exist on a parcel of land. Such, structures may 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 designated and authorized
successor agency.
FCC -The Federal Communications Commission or its duly designated and
authorized successor agency.
Fall Zone -The area in which a wireless support structure may be expected to fall
in the event of a structural failure, as measured by engineering standards.
~s
Guyed Wireless support structure - A telecommunication wireless support
structure that is supported, in whole or in part, by guy wires and ground anchors.
Height -When referring to a wireless support structure, the distance measured
from the pre-existing grade level to the highest point on the structure, including
any antenna or lightening protection device.
Inspections Division - A division of the Orange County Planning and Inspections
Department.
Master Telecommunications Plan ("Plan") - A plan developed for Orange County
by the County's Planning 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 existing wireless
support structures, .County defined Natural Areas, historic properties, scenic
corridors, all major electrical lines, Voluntary Agricultural Districts, existing
telecommunication wireless support structures, known bird migratory patterns
through the County and all public and quasi-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 County.
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 change of any of the physical
and visually discernable components or aspects of a wireless facility or support
structure, such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials or any visually discernable
components, vehicular access, parking and/or an upgrade or change-out of
equipment for better or more modern equipment. 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 guy wires and ground anchors.
Necessary -What is technologically required for the. equipment to function as
designed by the manufacturer and that anything less will result in prohibiting or
acting in a manner that prohibits the provision of service as intended and
described in the application.
NIER -Non-Ionizing Electromagnetic Radiation.
Panel Antenna - An inconspicuous, relatively flat, square or rectangular antenna
designed to be affixed to the wall of a building or structure in order to receive and
transmit signals from a telecommunication device.
76
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 any components of a
wireless facility where the. replacement is identical to the component being
replaced or for any matters that involve the normal repair and maintenance of a
wireless facility without the addition, removal or change of any of the physical or
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 ridgeline of the structure, not including 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 using the
wireless facility or fireless support structure.
Self-Support/t_attice Wireless support structure - A tapered structure broad at the
base and narrower at the top consisting of cross-members and diagonal bracing
and without guyed support.
State -The State of North Carolina.
Stealth or Stealth Technology - A design 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 requested
location of such wireless support structures, which shall mean building the least
visually and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances. Stealth technology includes
such technology as Distributed Antenna System (DAS) or its functional equivalent
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 Equipment -Equipment, 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 designedr'using stealth
technology such that its primary purpose is, or visually appears to be, something
other than the support of telecommunications equipment, 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 existing telecommunications .wireless
support structures for road projects, casualty of existing telecommunications
wireless support structures, blocking of signals from new construction
necessitating a relocation of a telecommunication wireless support structure, or
the need to replace an existing telecommunication wireless support structure for
capacity issues, or for other reasons deemed necessary by the County Planning
Director or his/her designee.
Whip Antenna - A cylindrical antenna that transmits and/or receives .signals in
three hundred sixty (360°) degrees.
Wireless facility -The set of equipment and network components, exclusive of the
underlying support structure or tower, including antennas, transmitters, receivers
base stations, power supplies, cabling, and associated equipment necessary to
provide wireless data and telecommunications services to a discrete geographic
area. This may also be referred to as a Personal Wireless Facility.
Wireless support structure -Anew or existing structure, such as a monopole,
lattice, or guyed tower that is designed to support or capable or supporting
wireless facilities. A utility pole is not a wireless support structure.
Wireless Telecommunications Facility (WTF) includes both Telecommunications
Site and Personal Wireless Facility - A structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting or
receiving devises. This includes without limit wireless support structures of all
types, kinds and structures, including, but not limited to buildings, church steeples,
silos, water towers, signs or other structures that can be used as a support
structure for antennas or the functional equivalent of such. If further includes all
related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for
transmitting and/or receiving radio, television, cellular, SMR, paging, 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
78
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 June 3, 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 third day of June 2008.
Clerk to the Board of Commissioners