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HomeMy WebLinkAboutAgenda - 08-26-2002 - C-1 10 0 1 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOAR C PUBLIC HEARING+! AGENDA A ITE !I ABSTRACT Meeting Date: August 26, 2002 Action Agenda Item No. C -f SUBJECT: Telecommunication Tower Ordinance Amendments DEPARTMENT:El T: Planning and Inspections PUBLIC HEARING: (YIN) ATTACHMENT(S): INFORMATION CONTAT: Proposed Ordinance Amendments Craig Benedict, Director, Ext. 2592 --Table of Permitted Uses Amendment Toni ling, Planner II, Ext. 2607 Proposed Schedule of Fee Amendment TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane arre 336-227-2031 PURPOSE: To receive public comments regarding proposed T le ommunication Tower (Telco)Amendments BACKGROUND:UND: n March 6, 2002 the and of County Commissioners approved a six-month moratorium on the processing of Special Use Permits relating to Telecommunication Towers. . The purpose of the moratorium was to allow staff sufficient time to gather information, prepare amendments and to make a presentation at the August 26, 2002 Quarterly Public Hearing pertaining to updating/revising the existing regulations. As the industry has been rapidly changing, so does the need to keep up to date. The Planning staff met with all interested County Departments, twice, to discuss areas of common interest. EMS and IT,-as well as other functions, have a stake in the telecommunications. . Staff held an informational meeting with telecommunication industry representatives on July 31, 2002 to receive their comments and concerns on the proposals. Seven people attended the meeting. Primary concerns were limiting application review to once per year, clarification of 'existing structures' definition, drop in tower height, required inspe tions and fees. On August 12, 2002 staff held a meeting with potential participants in the Master Telecommunication Plan "Plan' program to gauge interest in the Plan. Six persons attended the meeting. Farmers participating in the voluntary agricultural district program were particularly interested in additional revenue sources to help offset rising farming expenses and promote sustairiability. it was expressed that additional income from land leases to telecommunication providers could be the difference in continuing to farm versus having to sell o parts of the farm to pay rising expenses. Giroberticell tower amendment/abstract Public Hearing 1 0 2 2 The Board of Adjustment reviewed the draft ordinance on August 12, 2002. Their primary concern was the restriction of the telecommunication application processing to two meetings per year. The Board felt that applications should be filed and processed on an as needed basis so that the workflow was even rather than point loaded at specific meetings. Some Board members questioned the need for annual inspections after a tower is has approved and constructed. . PROPOSED AMENDMENTS: New Provisions: A) Height and User Amendments 1. Lowers height of Special Use Permit, Class B (less than 4 users)from 200 feet to 150 feet maximum . 2. Maintains height of Special Use Permit, Class (4-user minimum) of less than 200 feet if the tower is designed and reserved for up to four users. Provides incentives and promotes co-location on existing and proposed towers. 3. Require towers greater than 160 feet height (with less than 4 users) to be processed as a Special Use Permit, Class A which is processed through the Planning Board & Board of County Commissioners. B) Yearly Pre-Application Meeting required in January between telecommunication providers and Planning Staff . Determines the telecommunication industry's needs in Orange County for the coming year. 2. Will allow staff and consultant to review industry needs and proposals to determine if co location opportunities exist on existing facilities or on proposed new towers. 3. No applications will be accepted during the following year unless the tower was identified and discussed in the annual pre-application meeting. 4. Ordinance proposes bpi-annual processing of telecommunication tower applications a. Board of Adjustment to hear cases in April and October . The Board of Adjustment has reviewed a Draft of this ordinance and was concerned that hearing cases only twice yearly could cause a meeting overload if three or more cases were filed at once. b. "Board of County Commissioners to hear cases at May and November Quarterly Public Hearings l. The same potential for numerous proposals at the same meeting will exist. C) Ordinance promotes co-location of antenna(s) on existing buildings, transmission towers, u utility poles, and similar structures through lower fees and staff approval. 'l. Engineer's approval required prior to staff issuance of any permit for antenna(s). 2. Maximum height of antenna(s) set at twenty- (20)feet. 3. Encourages stealth facilities;justification required if stealth antenna(s) is not proposed. 4. Limits any accessory'structures pertaining to either tower(s) or antenna(s) to 600 square feet per user with a maximum height of 12 feet. D) Ordinance has higher technical standards for tower review at both the Special Use Permit and the building permit application stages l. As a result of higher technical standards the County will need to contract with a telecommunication consultant for technical expertise regarding telecommunication towers. (Board comments noted this need previously). /robe cell tower amendment/abstract Public Hearing 030 3 E) Requires periodic inspections and engineer certifications on existing towers . Major inspections to be performed by a structural engineer every thirty-six (36) months with a report to be submitted to the inspection department 2. Minor inspection (visual) to be performed yearly by the county consultant or a properly trained inspection staff member. F) Master Telecommunication Plan ("Plan") Note: The revised telecommunication ordinance only creates a 'place holder for the eventual adoption of a Master Telecommunication Plan that will plug into the, then revised, approved ordinance. 1. New provision will create the opportunity for the BOCC to consider a two-phase approval process for towers less than 200 feet in height (The Plan works as follows:) a. Initial Plan participants request to be included in the Plan (Public quasi-public and public interest lands may be available to develop an efficient grid system). b. The Planning Staff will notify adjoining owners in accordance with ordinance provision and the Plan will proceed to quarterly public hearing. C. Advocates and opponents of the Plan will be afforded the opportunity to speak on behalf of or in opposition to the Plan d. After Planning Board recommendation the BOCC will have final approval authority on the Plan. e. If the Plan is adopted, telecommunication providers shall meet the same performance evaluation standards for a building permit as they currently meet in the Board approval process. f. Additions to the Plan will only be considered annually (proposed at the February Public Hearing). A fee to cover advertisement and administrative processing (legal ad, mailing, etc) is proposed. e. Withdrawal from the Plan can be accomplished by submitting a notarized statement from the owner(s) that requests that their property be withdrawn from the Plan. G) Special Use Permit standard revisions . Set distance requirements between towers a. 14 mile separation required; no separation requirement in current ordinance 2. Increased the search ranges that applicant has to justify in order to place a new tower 3. Requirement of a balloon test with notification requirement to all property owners within county's required notification range H) Fee Schedule Modification . New fees are set forth in a separate ordinance attachment included as a part of this packet The Master Telecommunication Plan and the consultant review system will be discussed in the short term to choreograph these strategies with the upcoming review period. FINANCIAL IMPACT: There is no public fiscal impact related to this decision. Consultant costs will be covered, by the applicant fee schedule. Should the Board elect to participate in the Master Telecommunications Plan there may be substantial revenue opportunities. RECOMMENDATIONS): Administration recommends that the Board refer the Giroberticell tower amendment]abstract Public Hearing 004 4 amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than September , 2002. Planning Staff recommends approval of the amendments. a /robert/cell tower amendment/abstract Public Hearing PUBLIC HEARING ORDINANCE (DRAFT) 005 Bold = New Language Str-iliethr-eugh= Existing Language Deleted An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance is hereby amended as follows: Section 1,. (page 14-3)--Specifications for Plan Preparation—Amend Section 14.2.3 by adding the following subsection to read as follows: t. The names of all property owners adjacent to,and across the street from, the proposed project shall be shown on the site plan. Section 2. (page 4-14) Permitted Use Table--Amend P1 7A to read Telecommunication Towers 150 Feet in Height or Shorter Section 3. (page 4-14) Permitted Use Table—Amend to add P17B Telecommunication Towers shorter than 200 feet(4 carriers) Section 4. (page 4-14)Permitted Use Table--Amend Pi 7B to read P1 7C Telecommunication Towers Greater than 150 Feet in Height Section 5. (page 4-14)Permitted Use Table—Amend Pl7C to read NM Stealth = 2 - 2.1 Telecommunication Towers- Stealth (75 feet in Height and Shorter) Section 6. (page 8-3)Amend Section 8.4.1 (Pre-Application Conference)to read as follows: Prior to the application being received as prescribed in Article 8.4.2, the applicant must request a pre-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 shall 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. a) Pre-Application Conferences Related To Telecommunication Towers New applications for Class A Special Use Permits for telecommunication towers will be reviewed twice per year at the County Commissioners' May and November Public Hearings. Class B Special Use Permits will be reviewed by the Board of Adjustment at their April and October meetings. Prior to the acceptance of any applications for Telecommunication Towers, a pre-application site plan shall be submitted to the Zoning Officer on or before January 7th of each year. The purpose of the pre-application submittal is to ensure compliance with the Master Telecommunication Plan and to allow for a complete review of co-location opportunities. GATKing\Tower OrdZiCell Tower Ordinance Rev PUBLIC HEARING RDINA E (DRAFT) 006 Formal applications for the May and'November Public Hearings by the County Commissioners,and the April and October meetings of the Board of Adjustment, shall be submitted in accordance with the published yearly calendar of meetings schedule. 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. Section 7. (Page 6-25d)Amend Section 6.18 to read as follows: 6.118 Telecommunications Facilities The following words,terms and phrases,when used in this Section, shall have the meanings ascribed to them in this Section,except where the context clearly indicates a different meaning: Accessory Use—A use incidental to,subordinate to,and subservient to the main use of the property. As defined in this section an accessory use is a secondary use. Antenna A transmitting and/or receiving device used for wireless services,that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas,and omni-directional antennas, such as whips,excluding,radar antennas, amateur radio antennas and satellite earth stations. Building Code—The most recently adopted or amended edition of the North Carolina State Building Code. Co-location Locating wireless communication equipment for more than one provider on one structure at one site. Combined Antenna—An antenna or an array of antennas designed and utilized to provide services for more than one el)carrier. EIA-222 Electronics Industries Association Standard 222(Structural Standards for Steel Antenna Towers and Antenna Support Structures). Existing Structure/Building For purposes of this Section, any building or structure that is currently existing on a parcel of land. Such structures include,but shall not be limited to,telecommunication towers, overhead transmission line support structures,silos, churches,schools, and utility poles. Extraordinary Conditions—Conditions subsequent to a hurricane,flood, tornado,or other natural disaster. FAA The Federal Aviation Administration. FCC—The Federal Communications Commission. . Guyed Tower— telecommunication tower that is supported,in whole or in part, by guy wires and ground anchors. GATKing‘Tower Ord2kCell Tower Ordinance Rev PUBLIC HEARING ORDINANCE (DRAFT) 3 0 7 Inspections Division The Orange County.Planning and Inspections Department. Master Telecommunications Plan("Plan")-A plan developed for Orange County by the County's Planning Department that sets forth properties that have received general zoning approval from the County.Commissioners for the placement of telecommunication towers less than 20 feet in height provided that all applicable federal,state,and local regulations are met. Microcell Facility-A telecommunications facility consisting of an antenna (as defined above)and related equipment which is located either on a telecommunication tower or affixed to a structure in some fashion for the provision of wireless services. Microwave- Microwave dish antenna: A dish-like antenna used to link wireless service sites together by wireless transmission of voice or data Monopole Tower-A telecommunication tower consisting of a single pole or spire self supported by a permanent foundation,constructed without guy wires and ground anchors. 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. Qualified Shared Facility- facility that is appropriately designed for sharing antenna space,and grants space on the facility in a fair, reasonable,and non-discriminatory manner. Roof line-The overall ridge line of the structure,not including cupolas, elevator towers,clock towers or other features. Self-Support/Lattice Tower-A tapered structure broad at the base and more narrow at the top consisting of cross-members and diagonal bracing and without guyed support. Stealth Facility-Any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas,antennas integrated into architectural elements,and telecommunication andlor personal wireless services towers designed to look like light poles, power poles or trees. Telecommunications Facility-A combination of equipment which is located either upon a telecommunications tower or a structure which includes some form of antenna for the purpose of transmitting and receiving wireless services. Telecommunications Tower-A guyed, monopole or self-supprt/laattice tower, constructed as a free-standing structure containing one(1)or more antennas, used in the provision of wireless services excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television receiving antennas and satellite earth stations installed in accordance with applicable codes. GAT ing\Tovver Ord ZOO Tower Ordinance ev8 0 0 •. PUBLIC HORDINANCE (DRAFT) Telecommunication Tower,Stealth-A telecommunication tower whose primary purpose is, or visually appears to be,something other than the support of telecommunications equipment,the apparent purpose of the tower 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. Whip Antenna— #cylindrical antenna that transmits and/or receives signals in three hundred sixty(360)degrees. 6.18.1 A►dministra i .s royal of Stealth Telecommunication Towers New stealth telecommunication towers up to 75 feet in height,which are sufficiently disguised so as to minimize visual impact, may be approved administratively by the Planning Staff provided that all of the provisions contained in Article 8.8.17a are met. A new tower may be considered a stealth telecommunication tower if:the primary purpose of the structure is, or visually appears to be, something other than the support of telecommunications equipment;the dpparent purpose is customarily considered as accessory to a use which is allowed in the zoning district; and the structure and its primary use comply with the Orange County Zoning Ordinance. The placement of telecommunication equipment on existing structures may be approved administratively provided that the equipment does not extend more than 20 feet above the,structure, =‘: i eate and height and setback limitations of the Zoning Ordinance are met. 6.18,2 Telecommunications facilities as accessory►uses a) Telecommunications facilities, including monopole and stealth telecommunication towers above 75 feet and microcell facilities shall be permitted as an accessory use In all districts in accordance with the provisions of this ordinance,or as follows: 1) On property owned by the County or any public entity except those designated as historic properties or sites. The County shall authorize the application and use of County property after the applicant executes a lease agreement acceptable to the County. The County shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. H. • `rowers 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. c) The placement of a new telecommunication tower in any zoning district must be approved as a Special Use,except as permitted in - the Master Telecommunications Plan("Plan"). d) Existing Towers 1) Telecommunications antennas may be placed on existing towers. .\Ting\Tower Ord2\Cell Tower Ordinance Rev8 PUBLIC HEARING ORDINANCE (DRAFT) 0 0 9 2) Notwithstanding the alve.provisions of this Section, towers in existence as of (date of Ordinance adoptio ,may be replaced with a tower of equal or less visual impact after approval by the County Planning Director or his/her designee. However, if the proposed new tower would not be consistent with the minimum standards under this Section, replacement must be approved as provided for in this Ordinance. 618.3 Antennas not located on telecommunications towers. a) Antenna types. Antennas shall be permitted on existing buildings/structures in accordance with this Ordinance. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed,the application shall be required to demonstrate, in a technical manner acceptable to the Planning Director 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 reviewed by the Planning Director or his/her designee as required by existing technology. A statement shall be submitted, prepared by a professional engineer certified in telecommunication facility design,and competent to evaluate antenna choices,to certify the need for the required dimensions. b) Aircraft hazard. Prior to the issuance of a Building Permit by the Inspections Department,the application shall provide evidence that the telecommunication tower 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 feet above roofline of the building or support structure shall be permitted as an accessory use in all zoning districts. 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; GATKinggower+ ra 1 11 Tower Ordinance ReV8 PUBLIC HEARING ORDINANCE (DRAFT) 0 1 0 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 hisiher designee to ensure consistency with the definition of stealth facility is required. Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. e) Non-stealth rooftop or building mounted antennas shall only be permitted not exceeding twenty feet above the roofline of the subject building or support structure and subject to the procedure and requirements provided elsewhere in this chapter. Building rooftop non-stealth antennas shall be subject to the following minimum standards: 1) Antennas shall only be permitted on buildings or structures which are at least fifty(50)feet tall. Antennas may be placed on buildings less than fifty(50)feet tall if public safety needs warrant the antenna; 2) Antennas,and related equipment buildings,shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; 3) No commercial advertising shall be allowed on an antenna; 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 percent of the roof area, and shall comply with all State of North Carolina Building Code requirements for the proposed and existing building, and 7) Antenna and/or microwave dishes may be located on governmentally franchised utility poles(if applicable)or ° poles owned by the County pursuant to the following regulations: a) The maximum height of the pole with antenna or dish shall not exceed seventy(70)feet in height; and G\T ing\Tovver OrdMell Tower Ordinance Rev PUBLIC HEARING ORDINANCE (DRAFT) b) The utility poles shall be located on public property, within public easements, or public rights-of-way, c) The antenna and/or dish 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 certified in telecommunication facility design,and competent to evaluate antenna choices. d) The antenna or dishes 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 and/or a dish 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 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,a 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 Telecommunication Toners. All telecommunication towers must meet the following minimum standards: a) Prior to the issuance of a BuildinglElectrical Permit by the Inspections Division, a site development plan 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. G:TKing\Town Ord21 elI Tower Ordinance' eva PUBLIC HEARING C INA CE (DRAFT) 8 0 1 2 b) A statement shall be submitted, prepared by a professional engineer certified in telecommunication facility design, 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. c) Applicants shall provide: 1) the existing cell sites(latitude, longitude, power levels) to which this proposed site will be a handoff candidate, 2) an Radio Frequency plot indicating the coverage of existing sites,and that of the proposed site, 3) the search area utilized in finding the proposed site, 4) antenna heights and power levels of proposed site, and 5) 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 and there are no alternative technologies available which could provide the proposed service enhancement without the tower. a) County staff will utilize the services of a registered professional engineer to confirm the statement made in item 5) above. No tower shall be permitted to exceed its designed loading capacity For all towers attached to existing structures,the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum monopole towers shall accommodate two users and self support'lattice or guyed towers shall,at a minimum accommodate three(3) users. d) Standards of evaluation. 1) Tower height shall be measured from the base of the tower to the highest point of the proposed antenna(s)to be located atop the tower structure. 2) Telecommunication towers shall conform with all of the requirements of Section .8.17a.2 (Standards of Evaluation) of the Zoning Ordinance. G*1TI ing\Towef Grd2 etI Tower Ordinance Rev8 ■ PUBLIC HEARING ORDINANCE (DRAFT) 0 I 3 e) 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) At least once every thirty-six(36) months, a structural engineer who is regularly involved in the maintenance, inspection and/or erection of telecommunication towers shall inspect the tower and submit a report submitted 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 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. GATKIndcrower Ord2kCell Tower Ordinance Rev8 0 1 4 PUBLIC HEARING ORD I I AN E AFT 1 C In addition to the regularly scheduled major and minor inspections set forth in paragraphs el 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,atter conducting a minor inspection, significant questions remain about the structural integrity of the tower. 3) The Inspections Division may conduct periodic Inspections of telecommunication 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 light 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 180 days must 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 tower's 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 EUA 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, which will not have any appurtenances added to them shall at a minimum comply with the EIA standards in existence at the time the tower was erected. c) of antennas or other appurtenances shall at a minimum comply with the EtA standard in existence at the time the tower was erected if the replacement does not add to the original design loading, AT' ng\Tower OrdMell Tower Ordinance Revs PUBLIC HEARING ORDINANCE (DRAFT) I I 015 d) If a structural analysis shows a tower is not in compliance with the appropriate EIA. standards, the owner shall submit an application to the Inspections Division with a plan to bring the tower into compliance within six(6) months. e) Analysis of Existing Towers. Within twelve (12) months of the effective date of this Ordinance an analysis shall be performed on all towers in excess of 100 feet in height. This analysis shall determine the tower's compliance or lack thereof with the EIA standard in effect at the time the tower was constructed or when the most recent structural loading change was made.The tower owner shall,within thirty (30)days of completion of the analysis or the passage of this Ordinance, provide the Inspections Division with a letter from a registered professional engineer certified in telecommunication facility design stating the current structural status of the tower. if the tower does not meet the aforementioned EIA standards, the letter shall indicate what would be required to bring the tower up to standard. Existing towers shall be subject to the annual electrical inspection conducted by the Inspections Division including 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 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. b) Public land or right.of-ways lease agreements shall be established by separate instrument and recorded prior to the issuance of Building Permits. :kT ng\To er OrdZCell Tower Ordinance Rev8 0 1 6 PUBLIC HEARING ORDINANCE (DRAFT) 12 6.18.5 Master Telecommunications Plan C'Pla As an alternative to the foregoing provisions, an applicant for a wireless telecommunications facility less than two hundred(200)feet in height may elect to participate in the Orange County Master Telecommunications Plan Mani,. The County shall develop a plan which specifies sites within the County where an applicant may construct a wireless telecommunications facility by seeking issuance of a Building Permit in accordance with the specifications set forth in the Plan. The Plan shall be presented at a quarterly public hearing. After the quarterly public hearing,the Plan will be presented to the Planning Board for recommendation to the Board of County Commissioners. If adopted,the applicant may apply for necessary Building Permits on properties approved in the Plan. Properties approved in the Plan shall not be subject to an additional,separate public hearing process on any proposed facility included in the Plan. Applicants will be required to meet all Ordinance requirements and shall pay a site plan approval and building application fee as provided for in the Orange County Schedule of Fees. a) Information to be provided. All telecommunication providers who elect to construct on properties approved in the Plan shall provide all necessary and requested information to the County's telecommunications consultant. Such information shall include that set forth in this Ordinance,for each telecommunications site which it currently operates within the County,as well as each site which it reasonably believes it will require within the County for the next five years. b) Plan modification. Modifications to the Plan shall 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 January 7th of each year.The fee for annual modification of the Plan shall be that as set forth in the Orange County Schedule of Fees. c) The County shall use signal propagation methods and professional engineers qualified in this discipline and assure compliance with all federal,state, and local regulations. d) All sites specified in the Plan shall be deemed permitted sites for the construction of wireless communications towers without the necessity of further public hearing. For those sites specified on the Plan which are on property owned or controlled by the County(regardless of zoning classification , the applicant shall, prior to seeking a Building Permit for such facility, negotiate and execute a lease agreement with the County for such site upon terms and conditions which are acceptable to the County. e Withdrawal from the Plan. Withdrawal from the Plan is permitted by submitting a notarized statement requesting withdrawal from the Plan G TKing\Ti der ►rd + ell Tower Ordinance Rev8 PUBLIC HEARING ORDINANCE (DRAFT) 13 017 Section 8. (Pages 8-21 to 8-24)Amend Section&8.i 7a.to read as follows: 8.8.17a Telecommunication Towers 8.8.17a.1 Definitions Words, terms and phrases,when used in this Section, shall have the meanings ascribed to them as in Section 6.18. 8.8.17a.1 a Additional Information In addition to the information required in Subsections 8.18,8.2 and 8.8, the following shall be submitted as part of the application. a) A Site Plan showing the entire site and size of all existing structures within 500 feet of the site, existing and proposed structures on site, the fail zone of the tower, existing and proposed topography at a contour interval of five feet and any officially designated floodways and floodplains, or the presence of alluvial soils. b) Plans, and elevations for all proposed structures and descriptions of the color and nature of all exterior material. c) A Landscape Plan showing, at the same scale as the Site Plan,existing and proposed trees, plus shrubs, ground cover and other landscape materials. This plan shall minimize adverse visual effects of telecommunication towers 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 towers,co-location of facilities on existing or new towers shall be encouraged. d Monopole, lattice or guyed telecommunication towers shall not be located within ' mile of any existing monopole, lattice or guyed telecommunications tower. This distance restriction shall not apply to any monopole, lattice or guyed telecommunication tower owned by a public, not for profit agency or entity. d e) Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower. Such evidence shall consist of: - 1 A listing of all towers within a 44 1-mile(for towers 150 feet in height or shorter-ttian 2004e or 4-2-miles(for towers greater than 200 150 feet in height)radius of the proposed tower site. Documents shall be submitted at the time of application filing that indicate the applicant's ability or inability to co-locate on the identified towers and reasons why. GATKing‘Tower OrdZkeeil Tower Ordinance RevB 0 1 8 PUBLIC HEARING ORDINANCE (D T) 14 2) Delineation of the boundaries of the maximum search range within which the tower equipment can function as intended. The following information shall be provided for all existing towers within the search range: (a) Tower height, as measured from the • . • •_ � ��� base of the tower to the highest point of the proposed antenna(s)to be located atop the tower structure; (b) Existing and planned tower users; (c) Whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing structural instability or radio frequency interference;and (d) If the proposed antenna cannot be accommodated on the existing tower, assess whether the existing tower 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 tower; and (e) any restrictions or limitations of the Fe r a . FCC or FAA that would preclude the shared use of the tower; and (0 any additional information requested by the county. 3) A.summary explanation of why proposed facilities cannot be located on any of the existing towers in the search range, e f) Documentation from applicable state or federal agencies indicating requirements which affect the appearance of the proposed tower, such as lighting and coloring. f g) Draft letteF-of-GFedit bond which will guarantee the removal of the tower in the event that it is abandoned or unused for a period of 12 months. g-h) A listing of,and current tax map identifying, all property owners within 1000 feet of the parcel shall be provided. Addressed,first class stamped envelopes to said 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. GATKingiTower ordZcell Tower Ordinance Revs PUBLIC HEARING ORDINANCE DRAFT 15 019 h-i) The applicant shall, after submission of an application for a ecial Use Permit, minimum � rt,arrange to fly, or raise upon a mast,a minimum of a three-foot(3') in diameter, brightly colored red or orange balloon at the maximum height of the proposed new tower. 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 the applicant,to all persons owning property within 1,000 feet of the subject parcel no less than fourteen (14)days in advance of the first test date. 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 7:00 A.M. and 4:00 P.M.on the dates chosen. The primary date shall be on a weekend, 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. Photographs of a clearly-visible balloon floated at the proposed tower location to the maximum height of the tower shall be submitted no later than ten (10)days prior to the public hearing. Photographs shall be taken from locations such as: property lines, and/or nearby residential areas, historic sites, roadways, including scenic roads and major view corridors, and other locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower. i-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 property as a telecommunication tower shall conform with the setbacks established for the zoning district or as established through the subdivision process. 8.8.17a.2 Standards of Evaluation The following specific standards,as well as those found in Section 6.1 .4 of the Zoning Ordinance, shall be used in deciding upon an application for approval: a) Adjacent to residential zoning districts, minimum setbacks from the base of the tower to the property boundary shall be equal to the height of the tower. The setback may be reduced to no less than one-half of the tower height if easements for the remaining setback distance are granted by adjoining property owners. b) Adjacent to non-residential uses or non-residential zoning districts, minimum setbacks from the base of the tower to the property boundary shall be the greater of 20% of the tower height, or the minimum required setback. c) A Type C Landscape Buffer shall be provided between the tower and accessory structures and adjoining property. Existing vegetation may be removed only to the extent necessary to accommodate the tower, equipment buildings, and support structures such as guy wires. GATKing‘Tower Ord2lcelI Tower Ordinance Rev8 PUBLIC HEARING ORDINANCE (DRAFT) 1 0 2 0 d) The site plan shall indicate a location,for at least one two equipment buildings in addition to that proposed for use by the applicant. e) • 2-1 2 I ti-2-.2 �.R +� 2 - An 8400t fence or wall shall be required around the base of any tower. This fence or wad 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 property should the applicant/owner wish to do so. f The telecommunications equipment planned for the proposed tower cannot be accommodated on an existing tower due to one or more of the following reasons: The planned equipment would exceed the structural capacity of existing and approved towers,considering existing and planned use of those towers and the towers 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 towers, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers 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. 9) The communications tower is structurally designed to support at least one two additional users, and the Special Use Permit includes a statement that the owner of the tower is willing to permit other user(s)to attach communication facilities which do not interfere with the primary purpose of the tower, provided that such other users agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. . h) The color of the toweris of light tone,except to the extent required by law, so as to minimize its visual impact. i The towers 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. 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. :\Ting\Tower Ord ceIi Tower Ordinance Revs PUBLIC HEARING RDI IAI CE (DRAFT) 1 0 2 1 k) All abandoned communication towers shall be removed within 12 months of the cessation of use. A bond or other security guaranteeing the removal of the tower in the event that it is abandoned or unused for a period of 12 months shall be posted. A cost estimate shall be provided by a qualified contractor. The amount of the security shall be 110 percent of the estimate. I) 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. m) The Special Use Permit shall include a condition that the electro- magnetic radiation levels maintain compliance with requirements of the FCC,regarding electromagnetic radiation. Within 30 days of installation of equipment on the tower,and within 30 days of the installation of any additional equipment in the future,the tower owner shalt 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 four times per year. r� High voltage and "No Trespassing"and other warning signs. I If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE -DANGER"warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 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 CO sign. The warning signs shall be installed at least five feet above the finished grade of the fence. 4) The warning signs may be attached to freestajnding poles if the content of the signs may be obstructed by landscaping. 5) Signs noting federal registration (if required)shall be attached to the tower structure in compliance with federal regulation. + 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. GATKingiTawer Ord2C411 Tower Ordinance I evS PUBLIC HEARING ORDINANCE (DRAFT) 022 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. Section 9. That this ordinance be filed in the book of published ordinances. Section 10. That this ordinance is effective upon adoption. NOW THEREFORE BE IT RESOLVED by the Boa I of Orange County Commissioners that this ordinance entitled 'An Ordinance Amending the Zoning Ordinance of Orange County'be adopted. Upon motion of Commissioner , seconded by Commissioner the foregoing ordinance was adopted this the day of , 2002. 1, Donna S. 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 ,2002 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 ,2002. Clerk to the Board of Commissioners SEAL GATKing\Tovver OrdZieell Tower Ordinance Rev8 r 4.3 PERMITTED USE TABLE A=CLASS A SPECIAL USE(ARTICLE B=CLASS B SPECIAL USE(ARTICLE P17 Elevated Water Storage Tanks B B B 13 B B B B 8 B 8 B B E3 B B B P17A Telecommunication Towers(160 feet B 8 B 13 a a Et B 13 8 B Et B 8 B 8 In eight or 9I cder Telecommunication Tom(shoe then 200 feet—four )carriers T le mmuni 1l' n Towers(greater P 1 C than ISO In Mehl-leas then arr �� A A A A A A - M P1 7D Telecommunication Tower—Stealer tot or shorter) Research Lards& Installations.,NiDn- pie profit m P1 A7C3 Schools: Elementary,Middle M) Secondary 9 0 I=' Schools: Vocational M P1 Schools: Dance,Art& M u VC < . 0 P21 P21A Non-Profit Educ llonal CooperatW(1) A K T M P22 Transmission Lines B B a B B B B B 8 B B B E a B B B B U z P23 Universities,Colleges& Dilutes P24 Governmental Facilities&Office i Buildings P25 Water&Sanitary Sewer Pumpiing P26 Cpffltreat Center B. 19 B AB AR R1 R2 R3 R4 FIS Re A13 LCI NC2 CC3 GC-4 ECS 01 Ef 11 12 13 A EDD HED PI D Amendments: (1) -1 2 1-5-87 ( 2-19-91 ( 3-1 0 2 4 II THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY O25 An Ordinance Amending the Orange County Schedule of Fees Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Orange County Schedule of Fees is hereby amended by adding the new fees as follows: Section 1. Building inspection Fees: Communication Towers New Tower(per linear foot[If]of height) $20.00 I If (measured from grade to upper most height, including antenna Co-User at initial tower construction): $500,00 I user Co-Location at date subsequent to tower construction): $1,000.00 Annual Electrical Inspection: $100.00 Minor Inspection Fee if performed by Inspections Staff) $100.00 Minor Inspection Fee Of performed by Consultant) Cost+ 10% Section 2. Zoning Review Fees: Communication Towers Master Telecommunication Plan Amendment Requests: $200.00 Telecommunication Tower,Special Use Permit, Class A $10,000.00 (includes consultant fee) Telecommunication Tower, Special Use Permit, Class B $8,500.00 (includes consultant fee) Zoning Review Fee (building permit): $100.00 Section 3. Recyclable Materials Solid Waste Permit— 5% of building permit fee Section 4. That this ordinance is effective upon adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled 'An Ordinance Amending the Orange County Schedule of Fees be adopted. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this the 17 of September 2002. ii Donna S. 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 eroberetecil tower\fee ordinance 026 of said Board at a meetind held on September 17,2002 as relates in any way to the doption of the foregoing and that said proceedings are recorded in the minutes of said Board. WETNESS my hand and the seal of said County, this day of , 2002. Clerk to the Board of Commissioners SEAL :\robert\ccll towe feer'ordinance