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HomeMy WebLinkAboutAgenda - 03-06-2002 - 9a 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2002 Action Agenda Item No. SUBJECT: Moratorium on Telecommunications Towers DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) es ATTACHMENT(S): INFORMATION CONTACT: • Resolution to Adopt Ordinance Craig N. Benedict, ext 2592 Establishing Six-Month Moratorium • Options for Board Action TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To close Public Hearing and make a decision on a six-month moratorium on telecommunications towers that are in process and unapproved and on applications for new towers in Orange County's jurisdiction. BACKGROUND: At a work session on January 28, 2002, the Orange County Commissioners suggested a series of amendments to the telecommunications tower section of the Zoning Ordinance (Article 8.8.17a). It was Board consensus that a moratorium on processing tower applications is advisable while preparation of the ordinance amendments is underway. The justification of the moratorium is noted in the 'Whereas' clauses of the attached Resolution. Comments were received on the moratorium at the February 25, 2002 Quarterly Public Hearing. The speakers from the telecommunication industry commented that they were willing to help address code matters and were concerned about what 'telco' facilities arrangements and applications would be the subject of the moratorium (see attachment 2, page 5, for various board action alternatives that would affect what applications and/or what type of facilities would be the subject of the moratorium). The issue was referred to the Planning Board for a recommendation to be returned no later than 8:00 P.M., March 6, 2002. FINANCIAL IMPACT: There will be no fees collected during the moratorium for Class A or Class B special use permit applications for new telecommunications towers. RECOMMENDATION(S): The Administration recommends that the Board close the public hearing and adopt the ordinance establishing a six-month moratorium on telecommunication towers. The moratorium will insure that all activity regarding application fees, placement of telecommunication equipment, and co-location of telecommunication equipment cease for a period of 6 months. During the moratorium, Planning staff, the Ordinance Review Committee, and representatives from the telecommunications industry will work jointly on revisions to the applicable sections of the Orange County Zoning Ordinance. In addition, direct Planning Staff to bring back amendments prior to September 5, 2002. q f 2 i A RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS An Ordinance Establishing A Six (6) Month Moratorium On Consideration Of Applications For Telecommunications Towers That Have Not Received A Zoning Compliance Permit Or A Special Use Permit On The Effective Date Of This Resolution And On The Receipt And Processing Of Any Telecommunications Tower Application For A Zoning Compliance Permit Or A Special Use Permit On Or After The Effective Date Of This Resolution WHEREAS, there are currently 49 telecommunications towers located in Orange County's planning and zoning jurisdiction; and WHEREAS, it is appropriate for Orange County to consider the scope of regulation for additional telecommunications towers in Orange County's planning and zoning jurisdiction; and WHEREAS, the Orange County Board of Commissioners on January 28, 2002 discussed potential amendments to telecommunications regulations in the Orange County Zoning Ordinance; and WHEREAS, potential ordinance amendments may, among other things, address the location, spacing, height, appearance, processing and total number of towers in Orange County, opportunities for co-location of facilities on individual towers; notification of `balloon testing' to affected parties; promotion of tower facilities in existing electric transmission corridors; and limited use of public land, and WHEREAS, THE Orange County Board of Commissioners proposed a moratorium on consideration of applications for telecommunications towers that have not received a zoning compliance permit or a special use permit on the effective date of this resolution and on the receipt and processing of any telecommunications tower application for a zoning compliance permit or a special use permit on or after the effective of this resolution; and WHEREAS, a six-month moratorium to complete work on ordinance amendments specific to telecommunications towers is in the best interest of the citizens ,of Orange County and necessary to protect the health, safety and welfare of the citizens of Orange County. r . 3 NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 6.18 of the Orange County Zoning Ordinance is amended by adding new Subsection 6.18.1 to read as follows: 6.18.1 Moratorium on Communications Towers Beginning on the effective date of this ordinance there shall be in force a six month moratorium on consideration of applications for telecommunications towers that have not, as of the effective date of this ordinance amendment, received a zoning compliance permit or a special use permit, and no special use permit application for the placement of a telecommunications tower or application for co-locations on existing towers will be received or processed for six months after the effective date of this ordinance amendment. The ordinance amendment is effective on 2002 and shall expire on , 2002. Section 8.8.17a of the Orange County Zoning Ordinance is amended by adding new Subsection 8.8.17a.3 to read as follows: 8.8.17a.3 Moratorium on Communications Towers Beginning on the effective date of this ordinance there shall be in force a six month moratorium on consideration of applications for telecommunications towers that have not, as of the effective date of this ordinance amendment, received a zoning compliance permit or a special use permit, and no special use permit application for the placement of a telecommunications tower or application for co-locations on existing towers will be received or processed for six months after the effective date of this ordinance amendment. The ordinance amendment is effective on , 2002 and shall expire on 2002. Upon motion duly made by Commissioner , and duly seconded by Commissioner the foregoing Ordinance was duly adopted by the Orange County Commissioners at a meeting held on the day of , 2002. Ayes: Commissioners Noes: Absent or Excused. • 4 , I Beverly A. Blythe, 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 - of , 2002. Beverly A. Blythe Clerk to the Board of Commissioners s 5 Attachment 2 Options for Board Action A. Process all applications that have been submitted by March 6, 2002 to include the following: 1. Board action on SUP 2. Administrative action on approved SUP 3. Zoning compliance permit for building permits B. Do not accept any applications within the six month moratorium for: 1. All new tower structures 2. Including antennae attachments to existing a. teleco poles b. power poles [Note:up to 20'or 10% of existing tower(whichever is greater)] C. other structures 3. Towers 75' and less. 4. Co-locations of telecommunications equipment on existing towers. C. Accept application for co-locations on existing towers. D. Exclude towers 75' and less and proposals to attach to structures from the moratorium.