HomeMy WebLinkAboutAgenda - 11-24-2003-c3bORANGE COUNTY BOARD OF COMMISSIONERS
AND ~~~
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: November 24, 2003
Action Agenda
Item No. C.3.b
SUBJECT: Telecommunications Towers Regulations Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Ordinance Craig N. Benedict, Ext. 2592
Robert P. Davis, Ext. 2580
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-2700
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To bear staff report and to receive public comment on proposed Telecommunication
Towers amendments to Article 6.18 and Article 8.8,17a of the Orange Gounty Zoning Ordinance.
BACKGROUND: On December 12, 2002 the BOCC amended the Telecommunication Tower
portion of the zoning ordinance, Highlights of those amendments included reduction to 150
maximum height of Class B Special Use Permit (SUP) approvals, hiring a consultant to review the
technical details of proposals, placing a higher emphasis on use of existing structures and the
establishment of a Master Telecommunication Plan (MTP) placeholder in the ordinance. During
recent review of four Class B, Sl.)P telecommunications tower applications by the Board of
Adjustment some minor inconsistencies in the ordinance have become apparent to applicants, the
Board and Staff, the consultant and attorneys. These amendments are intended to clarify the parts
of the ordinance where there has been less than a clear understanding of the requirements, Also
included in these amendments is a revision of the intent, scope and use of the Master
Telecommunications Plan (MTP) concept that was previously adapted as a placeholder in the
ordinance pending BOCC review and approval,
Proposed amendments to Article 6.18 (Telecommunication Towers and Equipment) and Article
8,8,17a (Telecommunication Towers) to require:
1, at the Annual Telecommunications Projection Meeting that the applicant's initial propagation
studies begin with co-locations on existing strictures and then follow the preferred hierarchy;
2. photo simulations to be submitted at time of application;
3. balloon photos and panorama photos to be filed at time of application;
4. payment of $1,000,00 into the escrow account at pre-application meeting to cover fees
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incurred by consultant prior to formal application submittal;
5. propagation studies, to scale, of entire network using the hierarchy of preferred locations;
6, revise the intent, scope, and use of the Master Telecommunications Plan (MTP) to create a
planning tool for information purposes;
7. Revise standards of evaluation in Section 8.8.17a2 to establish a hierarchy of preferred
locations as follows:
a. co-location on existing strucutres or power lines;
b. on properties listed on the MTP Plan;
c. on industrially-or commercially-zoned properties;
d. on County owned properties; and
8. Other minor changes to improve process and clarity.
FINANCIAL IMPACT: Costs associated with the legal advertisement have been accounted for in
the annual budget.
RECOMMENDATIONS: Planning Staff recommends APPROVAL of the proposed
amendments,
The Administration recommends that the proposed amendments
be referred to the Planning Board for a recommendation to be
returned to the BOGC no sooner than January 26, 2004.
G:\Comprehensive Planning DivIGENE\2003 Public Hearings\NOV 24\Telecomm Tower Revision Amendments\Telecomm Towers Abstract doc 2
Ordinance to Public Heazing
November 24, 2003
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Baard of Commissioners of the County of Orange, North
Carolina, that the Zoning Ordinance is hereby amended as follows:
Bold =New Language
Striketl3reugl~ =Deleted Language
Section 1: Amend Section 6.18 as follows:
6.18 Telecommunications Towers and Equipment
Amended
12110/02
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 tJse - 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 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-directienal 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 - t_ocating telecommunication equipment for more than one
provider on one qualified shared facility at one site,
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, shall nat deem a si4uation to be commercially
impracticable,
EIA-222 -Electronics Industries Association Standard 222 (Structural
Standards for Steel Antenna Towers and Antenna Support Structures),
Existing Structure/Building -Far purposes of this Section, any building or
structure that is currently existing on a parcel of land, Such structures
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G/curplannin@/RoberUtclcotowersroundtwo/telcomm towers amendments Sec 6 sec 8
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~' - ~ may include, but shall not be limited to, telecommunications towers,
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.
FCC -The Federal Communications Commission.
Fall Zone -The circular area measured from the base of the tower
outward in a circular pattern (radius) far a distance of 11Q% of the
proposed or existing tower's height including lightening rod.
Telecommunications towers shall not be located on property where the
proposed tower's fall zone will encroach on a residential, buildable, lot.
Guyed Tower - A telecommunication tower that is supported, in whole or
in part, by guy wires and ground anchors,
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 that-tt thereceived
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placement of telecommunications towers +E~s-~~=~~--~~-~~
provided that all applicable federal, state, and local regulations are met.
Information that may be shown on the plan will include existing
towers, County defined Natural Areas, historic properties, scenic
corridors, all major electrical lines, Voluntary Agricultural Districts,
existing telecommunication towers, 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.
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.
G/curplanning/RoberUtelcotowersroundtwo/telcomm towers amendmenu Sec 6 sec B
Ordinance to Public Hearing
November 24, 2003
Qualified Shared Facility - A telecommunication tower or existing
structure/building that is appropriately designed for sharing antenna
space, and grants space on the tower in a fair, reasonable, and non-
discriminatory manner.
Roofline -The overall ridgeline of the structure, not including cupolas,
elevator towers, clock towers or other similar features,
Search Area - An area or areas defined on a map or maps showing the
maximum extent of locations suitable for the installation of an individual
telecommunications provider's facilities (tower or antenna co-locations),
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 or Stealth Technology -Technology or practice intended to
minimize adverse aesthetic and visual impacts on the land, property,
buildings, and other equipment adjacent to, surrounding, and in generally
the same area as the requested location of such wireless
telecommunications towers and equipment, which shall mean using the
least visually and physically intrusive tower and/or equipment that is not
technologically or commercially impracticable under the facts and
circumstances.
Stealth Facility -Any stealth telecommunication tower or equipment,
which is designed using stealth technology to blend into the surrounding
environment, Examples of stealth facilities include architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and telecommunication and/or personal wireless services
towers designed to look like light poles, power poles or trees,
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,.
Telecommunications Tower - A guyed, monopole or self-supporUlattice
tower, constructed as afree-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.
Telecommunications Tower, Stealth - A telecommunication tower
designedjusing 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 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.
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G/alplanning/RoberUtelcolowersroundtwo/hlcomm towers amendmenLS Sec 6 sec B
Ordinance to Public Hearing
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Unforeseen Events -Condemnations of existing telecommunications
towers for road projects, casualty of existing telecommunications towers,
blocking of signals from new construction necessitating a relocation of a
telecommunication tower, or the need to replace an existing
telecommunication tower 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.
6.18.1
New stealth telecommunications 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.
The placement of telecommunication equipment on existing structures
may be approved administratively as provided for in this ordinance.
6.18.2 Telecommunications towers and equipment as principal or
accessorrLuses
a) Telecommunications towers 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 towers 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 tower in any
zoning district must be approved as a Special Use, except
as permitted in the Master Telecommunications Plan
("Plan").
b) Existing Telecommunications Towers
G/curplanninFfRobert/telcototversronndtwo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Rearing /
November 24, 2003
1) Telecommunications equipment as accessary uses may be
placed on existing towers 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 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 Section 6.18, replacement must be
approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications towers.
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 orhis/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 far 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 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 (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 roeftop 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;
G/curplanning/RobcrVtetcotowersroundhvo/tetcomm towers amendments Sec 6 sec 8
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Ordinance to Public Hearing b
November 24, 2003
3) Any related unmanned equipment building shall not
contain more than six hundred (600) square feet of gross
floor area per user or be more than twelve (12) feet in
height;
4) If the equipment building is located on the roof of the
building, the area of the equipment building shall not
occupy more than twenty-five (25) percent of the roof area,
and shall comply with all State of North Carolina Building
Code requirements for the proposed and existing building;
and
5) Approval of the Planning Director or his/her designee to
ensure consistency with the definition of stealth facility is
required, Each application shall contain a rendering or
photograph of the antenna including, but not limited to,
colors and screening devices.
e) Non-stealth rooftop or building mounted antennas shall only be
permitted not exceeding twenty (20) feet above the roofline of the
subject building or support structure and subject to the procedure
and requirements provided elsewhere in this Section, Building
rooftop non-stealth antennas shall be subject to the following
minimum standards:
1) Antennas shall only be permitted on buildings or structures
that are at least fifty- (50) feet tall. Antennas may be
placed on buildings less than fifty- (50) feet tall if public
safety needs warrant the antenna;
2) Antennas, and related equipment buildings, shall be
located or screened to minimize the visual impact of the
antenna upon adjacent properties and shall be of a
material or color which matches the exterior of the building
or structure upon which it is situated;
3) No commercial advertising shall be allowed on an antenna;
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 far the proposed and existing building;
G/wlplanninglR.obcrt/tdcotowersroundtwo/tetcomm towers amendmenu Sec 6 sec 8
Ordinance to Public Hearing
November 24, 2003
7) Antennas may be located on poles owned or controlled by
the County or by a utility provider pursuant to the following
regulations:
a) The maximum height of the pole with antenna shall
not exceed seventy- (70) feet in height; and
b) The utility poles shall be located on public property,
within public easements, or public rights-of-way.
c) The antenna shall be of a size and placement that
is structurally compatible with the engineering
design of the pole pursuant to the North Carolina
State Building Code and attested to by a
professional engineer licensed in the State of North
Carolina, and competent to evaluate antenna
choices.
d) The antenna shall not extend mare 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 pale 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,
G/curplanning/RobeNtelco[owersroundtwo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 10
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M
6.18.4 Minimum Standards for Telecommunications Towers
All telecommunications towers must meet the following minimum
standards:
a) Prior to the issuance of a Building/Electrical 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.
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 tae
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;
~ propagation studies of the proposed site and all
adjoining planned, proposed, in-service or existing
sites;
, e-prspesed~lte
3) the search area 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;
G/cutplanning/Robert/tetcotowersmundtwo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing
November 24, 2003
11
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5) the frequency, modulation and class of service of
radio or other transmitting equipment;
6) the actual intended transmission and the maximum
effective radiated power of the antenna(s);
7) the direction(s) of maximum lobes and associated
radiation of the antenna(s);
8) certification that the NIER levels at the proposed
site are within the threshold levels adopted by the
FCC;
9) certification that the proposed antenna(s) will not
cause interference with other telecommunications
devices;
1 Q) 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 t,`~ ct~t~^^~^'
aaade-in-.item-~absve substantive portions of
data provided in tower applications. No tower
shall be permitted to exceed its designed loading
capacity. For ali towers attached to existing
structures, the statement shall include Gertification
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 (2) users
and self-support/lattice or guyed towers shall, at a
minimum accommodate three (3} users.
e) Standards of evaluation,
1) 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,
2) Telecommunications towers shall conform with all
of the requirements of Sections 8.8,17a.1a (a-g)
and 8,8.17a.2 of the Zoning Qrdinance.
G/curplannin@/RoberUtelcotowersroundtwo/tclcomm towers amendments Sec 6 sec 8
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Ordinance to Public Hearing
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12
3) All towers shall be engineered to allow for co-
locations, No co-locator shall be refused access for
co-location by charging exorbitant lease fees.
Public safety co-locations shall take priority over
other co-locators.
4) A tower consultant shall provide Staff assistance on
exorbitant rate leases.
fl 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
G/curplanning/RoberVtdcotowersroundnvo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 13
November 24, 2003 ~ !1
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 inspectien review,
c) In addition to the regularly scheduled major
and minor inspections set forth in
paragraphs 1) and 2) above, a minor
inspection, at a minimum, will be conducted
if the tower or its appurtenances are noted
at any time to be visibly damaged.
Additionally, a major inspection shall be
conducted if the visible damage to the tower
is significant or when, after conducting a
minor inspection, significant questions
remain about the structural integrity of the
tower.
3) The Inspections Division may conduct periodic
inspections of telecommunications towers to ensure
electrical integrity. The owner of the
telecommunication tower may be required by the
County to have more frequent inspections should
there be reason to believe that the electrical
integrity of the tower is jeopardized. The County
reserves the right to require additional inspections if
there is evidence that the tower has a safety
problem or is exposed to extraordinary conditions,
4) Structurally Unsafe ar lJnused 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 18Q 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
G/curplanning/RoberUtetcotoiversroundtwo/tdcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 14
November 24, 2003
~. ~ ~ 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, 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) 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.
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 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,
G/cuiplanning/RobeNlelcotowersroundtwo/tclcomm towers amendments Sec 6 sec 6
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15
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-af-way lease
agreements shall be established by
separate instrument and recorded prior to
the issuance of Building Permits.
c) Escrow Account. An escrow account of an
amount determined by the Board of County
Commissioners shall be paid by check to
Orange County uryenfii4ing-efa
teleser~r~uaisati
a to pay
associated consultant review fees during
the review process, 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 a Special Use
Permit 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 the approval of
the Certificate of Occupancy (CO), or the
expiration of the Special Use Permit
approval, 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
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G/curplanninFfR.oberUlelcotowersroundhvo/telcomm towers amendments Sec 6 sec 8
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(map), which would display locations within the County's zoning
jurisdiction where property owners have expressed interest in
allowing construction of telecommunications facilities. Information
that may be shown on the base Plan will include: existing towers,
major transmission Tines, 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 is allowing the
placement of telecommunication facilities 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:
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a) Information to be provided, All telecommunication
providers who elect to construct facilities on properties
appfeved in the Plan shall provide all necessary and
requested information to the County's telecommunications
consultant,
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b) Plan modification, After adoption of the initial Plan any
subsequent modification Medihcaatiens-te of the Plan
shall 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 a5t~ 1st of each
year. The fee for arFnual•~r~ledifsatien-ef modifying the
Plan shall be that as set forth in the Orange County
Schedule of Fees.
G/curptanninglRobert/tclcotowersroundtwo/telcomm towers amendments Sec 6 sec B
Ordinance to Public Hearing I ~
November 24, 2003
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c) Withdrawal from the Plan, Withdrawal from the Plan is
permitted if an owner submits, to the Planning Director,
a notarized statement requesting withdrawal from the Plan.
Section 2: Amend Section 8.8,17a to read as follows:
8.8.17a Telecommunication Towers
Amended
12110/02 , _ ~ , ,
- - ---
Telecommunications Towers. Promoting and encouraging, w erever
possible, alternatives to constructing new towers, including but not limited
to the co-location of wireless telecommunications equipment and
mitigating the visual effect of a telecommunication tower 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
towers, 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 Section 6.18,
8,8.17a.1a Additionallnformation
;. 1
G/curptanning/RobeNletcotowersroundtwo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing
November 24, 200.3
18
'° ~ In addition to the information required in Subsections 6.18.4, 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 500 feet of the site,
existing and proposed structures on site, the fall zone of the tower,
existing and proposed topography at a contour interval of five feet
and any officially designated floodways and floodplains, or the
presence of alluvial soils,
b) Plans, and elevations for all proposed structures and descriptions
of the color and nature of all exterior material.
c) A Landscape Pfan 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 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-
loration of telecommunications equipment on existing or new
towers shall be encouraged.
d) Monopole, lattice or guyed telecommunications towers shall not
be located within'/Z mile of any existing monopole, lattice or guyed
telecommunications tower. An exception maybe allowed when
the applicant can sufficiently demonstrate that 1) appropriate
space on the existing telecommunication tower is not available; or
2) the applicant has made good faith effort to negotiate an
agreement with the Gwner of the existing telecommunication tower
and has been unsuccessful, which must be documented in writing;
or 3) the telecommunication equipment on the existing
telecommunication tower 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 tower; or 5) the existing
telecommunication tower 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
tower at the four-carrier capacity or other user capacity that can
be achieved. There must be a 80o/n approval vote of the deciding
board for this specific finding to pass the exception criteria.
d) Evidence that the applicant has investigated the possibilities of
tesating placing the proposed equipment on an existing tower.
Such evidence shall consist of:
G/curplannin6/RobeNtdcotowersroundtwo/telcomm towers amendments Sec 6 sec B
Ordinance to Public Hearing 19
November 24, 2003 ~ rr
M
1) A listing of all telecommunications towers within a ~- 2-mile
'gqt-} radius of the
proposed tower site. 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
range within which the telecommunication equipment can
function as intended. The following information shall be
provided for all existing towers within the search range:
a) Telecommunication tower height, as measured
from the base of the tower to the highest point of
the proposed antenna(s), including lightning rods,
to be located atop the tower structure;
b) Existing and planned tower users;
c) Whether the existing telecommunication tower
could accommodate the telecommunication
equipment to be attached to the proposed tower
without causing structural instability or radio
frequency interference; and
d) If the proposed telecommunication equipment
cannot be accommodated on the existing
telecommunication 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 FCC or FAA
that would preclude the shared use of the tower;
and
f) any additional information requested by the County.
3) A summary explanation of why proposed
telecommunicationequipment cannot be located on any of
the existing towers in the search range,
f) Documentation from applicable state or federal agencies
indicating requirements, which affect the appearance of the
proposed tower, such as lighting and coloring..
G/curplanning/RoberVtetcotowersroundtwo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 20
November 24, 2003
g) Draft bond which will guarantee the removal of the tower in the
event that it is abandoned or unused for a period of 12 months.
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 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,
'gpeeial-yse-P-e{aa+t, at least 6 weeks prior to a Class B Special
Use Permit public hearing and at least 11 weeks prior to a
Class A Special Use Permit public hearing, 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 ar atmospheric
conditions on the initial date), times, and location of the balloon
test shall be mailed, by certified mail, return receipt requested, by
the applicant, to all persons owning property within 1,000 feet of
the subject parcel no less than fourteen (14) days in advance of
the first test date. The applicant shall inform the County Planning
Staff, in writing, of ttie dates acid 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 ~
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. 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
notifcation 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 (g) square feet in area ahd no less than four (4) square
feet in area, giving 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 rye-later
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
G/curplanning/Robert/telcntowersroundtwo/tetcomm towers amendmenu Sec 6 sec 8
Ordinance to Public Hearing 21
November 24, 2003 ~ ~ q
at the time of the application., d
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
preperty zoning lot as a telecommunication tower shall conform
with the setbacks established for the zoning district or as
established through the subdivision process, whichever is
greater.
An Applicant may be required to submit an Environmental
Assessment Analysis and a Visual addendum. Based nn 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 tower, superimposed on the existing landscape, to
scale, of showing "before and after" views frern-key-wewpeiats
batk>-inside-aa
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,
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t~eetiag:
An assessment of the visual impact of the tower base, guy wires
and accessary buildings from abutting and adjacent properties
and streets ~° tea.,-,~IIIte~ ~o shall be considered to determine the
need er-appr~priateaess of screening,
('i/curplannin~Robert/telcotowersroundtwo/[elcomm towers amendments Sec 6 sec 8
Ordinance [o Public Hearing 22
November 24, 2003
1 ~ ~ All Applications shall contain a demonstration that the tower be 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 tower 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
ihclude the utilization of stealth technology as may required by the
'County.
At a telecommunications tower 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.
8.8.17a.2 Standards of Evaluation
The following specific stahdards, as well as those found in Section 6.18:4
of the Zoning Ordinance, shall be used in deciding upon an application for
approval:
a) Applicants for Telecommunication Facilities shall locate, site
and erect Telecommunication Facilities in accordance with
the following priorities, one (1i being the highest priority:
1. On existing towers or other structures without
increasing the height of the tower or structure;
2. On electric power lines;
3. On properties listed on the MTP Plan;
4. On industrially- or commercially-zoned properties;
5. On County-owned property.
b) If the proposed site is not the highest priority listed above,
then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The Applicant seeking
such an exception must satisfactorily demonstrate the reason
or reasons why such a permit should be granted for the
proposed site, and the hardship that would be incurred by the
Applicant if the permit were not granted for the proposed site.
c) An Applicant may not by-pass sites of higher priority by
stating the site proposed is the only site leased or selected.
An Application shall address co-location as an option. If
G/curptannin8/Robert/teleotowersroundlwo/lelcomm towers amendments Sec b sec 8
Ordinance to Public Hearing 23
November 24, 2003 ~ ~'~ g
is eJ
such option is not proposed, the applicant must explain to
the reasonable satisfaction of the County why co-location is
commercially or otherwise impracticable. Agreements
between providers limiting or prohibiting co-location shall not
be a valid basis for any claim of commercial impracticability
or hardship.
e) Notwithstanding the above, the County may approve any site
not located within an area in the above list of priorities,
provided that the County finds that the proposed site is in the
best interest of the health, safety and welfare of the County
and its inhabitants and will not have a deleterious effect on
the nature and character of the community and
neighborhood.
f) The Applicant shall submit a written report demonstrating the
Applicant's review of the above location in order of priority,
demonstrating the technological reason for the site selection.
g) Notwithstanding that a potential site may be situated in an
area of highest priority or highest available priority, the
County may disapprove an application for any of the
following reasons:
1. Conflict with safety and safety-related codes and
requirements;
2. Conflict with the historic nature and character of a
historic property;
3. The use or construction of Telecommunication Facilities
which is contrary to an already stated purpose of a
specific zoning or land use designation;
4. The placement and location of Telecommunications
Facilities which would create an unacceptable risk, or
the reasonable probability of such, to residents, the
public, employees and agents of the County or any
other public entity or employees of the service provider
or other service providers;
5. Conflicts with the provisions and requirements of this
Ordinance.
h) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the tower to the property boundary shall
be equal to 110% of the tower height. If the tower is proposed as
an accessory use to a residential use, the tower setback shall be
110% of the tower height from any residence or dwelling unit on
the subject property.
i) 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 Gf 20°/u of the tower height, or the
minimum required setback.
G/curplanninFJRobert/telcotowersroundtwo/telcomm towers amendmenLS Sec 6 sec 8
Ordinance to Public Hearing 24
November 24, 2003
~s~
j) A Type C Landscape Buffer shall be provided between the tower
and its accessory structures and adjoining properly/properties.
Existing vegetation may be removed only to the extent necessary
to accommodate the tower,. equipment buildings, and support
structures such as guy wires, Plantings arqund the compound'
perimeter, outside of any fence or wall, shall be comprised
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.
k) The site plan shall indicate a location for at least two equipment
buildings in addition to that proposed for use by the applicant.
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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.
An 8-foot fence or wall shall be required around the base of any
tower. This fehce 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.
m) The telecommunications equipment planned far the proposed
tower cannot be accommodated oh an existing tower due to one
or more of the following reasons:
1) 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
G/curplanning/Robert/telcotowersroundhvo/tetcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 25
November 24, 2003
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,
n) The communications tower is structurally designed to support
additional users as provided for in Section 6.18.4 d) 5a, and the
Special Use Permit includes a statement that the owner of the
tower is willing to permit other user(s) to attach communication
equipment which do not intertere 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,
o) ,The color of the tower is of light tone, except to the extent required
by law, so as to minimize its visual impact..
p) 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 beiween painting the tower or installing strobe
lighting, painting shall he the preferred choice.
q) 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,
r) 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 Gost 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.
s) 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,
t) The Special Ilse Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements
of the FCC, regarding emission of electromagnetic radiation.
Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in the
future, the tower owner shall provide documentation of emission
levels in relation to FCC standards, In addition, the tower owner
must provide documentation of emission levels within five working
~~5
G/curptannin~RobeNtelcotowersroundtwo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 26
.p November 24, 2003
JL el
days if so requested by Orange County. Orange County may
make such requests at any time, not to exceed two times per yeas,
u) High voltage and "No Trespassing" and other warning signs.
1) If high voltage is necessary for the gperation of the
telecommunications tbwer or any accessory st~iictures,
"HIGH VOLTAGE -DANGER" warning signs shall be
permahently 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 twa (2) warning signs may be
combined into one (1) sign. The warnirig 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 may, be obstructed by
landscapirig.
5) Signs noting federal registration (if required) shall be
attached to the tower structure in compliance with federal
regulation,
v) 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 telecommunicatioh tower, unless repairs to the
tower are being made,
w) Sigris and advertising. The use of any portion of a tower for signs
or advertising purposes iricluding company name, banners,
streamers, etc, shall be strictly prohibited. .
Section 3: That this ordinance be placed in the file of published ordinances.
Section 4: That this ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange Gounty
Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning
Ordinance of Orange County" is adopted.
G/cutplanninp/Robert/telcotowersround[wo/telcomm towers amendments Sec 6 sec 8
Ordinance to Public Hearing 27
November 24, 2003 ~ ~ ry
Upon motion of Commissioner ,seconded by /
Commissioner the foregoing Ordinance was
adopted this the _ day of , 2004.
I, 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
2004 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
2004.
Clerk to the Boazd of Commissioners
SEAL,
G/curplannin~RoberUtelcotowersroundtwo/tetcomm towers amendments Sec 6 sec 8
1~~