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HomeMy WebLinkAboutAgenda 06-03-2025; 5-c - Unified Development Ordinance Text Amendments – Telecommunication Facilities Standards 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2025 Action Agenda Item No. 5-c SUBJECT: Unified Development Ordinance Text Amendments — Telecommunication Facilities Standards DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Statement of Consistency Patrick Mallett, Deputy Director, (919) 2. Proposed Ordinance, Including UDO 245-2577 Text Amendments Jack Moran, Planner I, (919) 245-2571 3. Planning Board Signed Statement of Cy Stober, Director, (919) 245-2592 Consistency and Excerpt of the Draft May 7, 2025 Meeting Minutes 4. PowerPoint Presentation PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations, receive public comment, close the public hearing, and consider action on County-initiated text amendments to the Unified Development Ordinance (UDO) pertaining to telecommunication facilities standards in order to: better achieve established UDO and 2030 Comprehensive Plan goals; be consistent with Federal and State Law; clarify language for improved administration and enforcement; and reflect contemporary best professional standards. BACKGROUND: The Orange County Planning & Inspections Department has initiated amendments to the Unified Development Ordinance — Sections 5.2: Table of Permitted Uses, 5.10: Standards for Telecommunications Facilities, and Article 10: Definitions, as well as creating a new section, 8.14: Nonconforming Wireless Telecommunication Facilities. These amendments are supported with legal services provided by the Brough Law Firm, PLLC. The proposed amendments to the ordinance represent the first update to these standards since the adoption of the UDO on April 5, 2011. In an effort to protect residential areas, minimize new facilities, and encourage new telecommunication facilities to locate in non-residential areas, County staff has identified the need to update the text to reflect current federal and state laws as well as professional best practices. A community and industry meeting detailing the proposed ordinance amendments was held on April 7, 2025, to notify and receive input from stakeholders. Comments were received from industry representatives and addressed. Joint Planning Area (JPA) Review: In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and Agreement, the proposed amendments were sent to both towns for comment on March 27, 2025. To date, no comments have been received. Planning Board Recommendation: At its May 7, 2025 meeting, the Board voted 7-3 to recommend approval of the Statement of Consistency and the UDO text amendments, with 2 some changes to the proposed text amendments. The changes recommended by the Planning Board have been incorporated into the proposed Ordinance contained in Attachment 2. The Planning Board's signed Statement of Consistency and an excerpt of the draft May 7, 2025 meeting minutes are included in Attachment 3. Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" (ORC) meeting on April 9, 2025. The amendments were modified since the Planning Board recommendation to focus solely on those utilities related to communications. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1 . 2. UDO text amendments, as contained in Attachment 2. FINANCIAL IMPACT: These text amendments have an awarded contract for professional services with a budgeted fixed fee amount not to exceed $25,000 (RFP#367-005413). The contract was awarded to the Brough Law Firm, PLLC prior to the commencement of the project. There are no other costs associated with this project other than the use of staff time and the required legal advertisement for the text amendments' public hearing. Staff has and will continue to accomplish the necessary tasks associated with amending the UDO and the legal advertisement will be paid from budgeted funds for this purpose. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 2: HEALTHY COMMUNITY OBJECTIVE 6. Provide sustainable, equitable, and high-quality community safety and emergency services to meet the community's evolving needs. OBJECTIVE 7. Invest in services and programs that improve the health and quality of life of the community (e.g., recreation and public open spaces, arts, etc.) • GOAL 6: DIVERSE AND VIBRANT ECONOMY OBJECTIVE 2. Review and revise County policies and regulations to support business investment in Orange County. OBJECTIVE 4. Provide resources to small, creative, and agro-businesses that add character and quality of life to our community to attract employers, employees, and visitors. OBJECTIVE 6. Provide workforce and business development resources to enhance the skills of residents of the County. RECOMMENDATION(S): The Manager recommends that the Board: 1. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 1) and the Ordinance in Attachment 2. 3 Attachment 1 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT PERTAINING TO TELECOMMUNICATION FACILITIES WITH ADOPTED ORANGE COUNTY PLANS Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to revise regulations pertaining to telecommunication facilities to modernize the standards and comply with Federal and State laws. The Board of County Commissioners hereby approves the proposed text amendment and issues this Statement of Consistency pursuant to NCGS § 160D-605 Governing board statement. The Board finds: 1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments, including review by the Development Advisory Committee (DAC), as required in UDO Section 1.9, have been met; 2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7 Conformance with Adopted Plans, and will revise the regulations in response to changed conditions; the regulations pertaining to telecommunications facilities have not been substantially revised since before 2011; 3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding Principles and Objectives: a. Guiding Principle 2.2 Sustainable Growth and Development, Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term; b. Guiding Principle 2.2.7 Promotion of Economic Development and Diversity; c. Economic Development Goal 1: Public-private sector partnerships that create a stronger business climate; d. Economic Objective 3.2 Infrastructure that supports desired development; and e. Economic Objective 3.2.11 Establish adequate information networks throughout the towns and County. 4. The amendment supports the Strategic Plan Goals and Objectives. Specifically, Goal #2: Healthy Community, Objectives 6 and 7; and Goal #6: Diverse and Vibrant Economy, Objective 2, 4, and 6; 5. The amendment is consistent with this principle and these goals and objectives because implementation will result in more telecommunications options in Orange County; and 6. The amendment is reasonable and in the public interest because it brings the County's telecommunication facilities standards into compliance with Federal and North Carolina State laws while providing for more options to benefit the public. The Board of County Commissioners hereby adopts this Statement of Approval and Consistency and the findings expressed herein. Jamezetta Bedford, Chair Date 4 Attachment 2 Ordinance # ORD-2025-019 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO) to modify existing regulations related to Telecommunications, and Whereas, this amendment seeks to update repeal and replace all of Section 5.10 of the UDO and various other sections pertaining to Telecommunications. These revisions seek to modernize the ordinance and align it with current Federal and State laws governing telecommunication; and Whereas, the Orange County Planning Board has recommended approval of the proposed text amendments, and Whereas, the County has held the required public hearing and has found the proposed text amendments are consistent with the goals and policies of the adopted Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this day of , 2025. I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2025 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2025. SEAL Clerk to the Board of Commissioners 5 UDO AMENDMENT PACKET NOTES: The following pages contain UDO amendments pertaining to Telecommunications Facilities Standards. Within this amendment package: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO Rod Strikethro gh Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modifications have been included within this packet. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Land use numbering in Section 5.2: Table of Permitted Uses is also subject to change due to simultaneous text amendments to the section. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: https://www.orangecountync.gov/3040/Unified-Development-Ordinance-UDO TABLE OF PERMITTED USES =PERMITTED USE A=SUBJECT TO USE STANDARDS S=SPECIAL USE CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPy;ErvT DISTRICTS CONDITIONAL DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 'X? CC3 GC4 EC5 Of AS EI 11 12 13 PID EDB- FD,- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- R-CD NR- RM 1 2 1 2 1 2 3 4 5 CD CD CD CD-1 CD Petroleum Product Storage And Distribution UM ■� �©■■■■■■■■■■D■000■■000■0■0■■■■■■■■■®■■ Telecommunication Tower/ W.S.S.I Substantial .11 ■�'.�rv'----"' - .- ■©■■■■■■■0000■■■■D■■■■■■■■■■■■0■\'�■o . . . . . . . . . . . . . . . . . . . . . . . . liiiiiiiiiiiiiiiiiiiiillillililI . TABLE OF PERMITTED USES =PERMITTED USE A=SUBJECT TO USE STANDARDS S=SPECIAL USE CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LCI NC2 CC3 GC4 EC5 Of AS EI 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- R-CD NR- RM 1 2 1 2 1 2 3 4 5 CD CD CD CD-1 CD Elevated Water Storage Ta nks Utilnations 1,Sub-, Exchanges where ihe Electric,Gas,and Liquid Fuel ■ ■00000000■■■0000■000■■■oo■■■o■■v■■■v TABLE OF PERMITTED USES "=PERMITTED USE A=SUBJECT TO USE STANDARDS S=SPECIAL USE CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LCI NC2 CC3 GC4 EC5 O/ AS EI 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- R-CD NR- RM 1 2 1 2 1 2 3 4 5 CD CD CD CD-1 CD WholesaleWholesale Trade Uses ® oo00000oo0■ono onsionommommon MENNEN Club or Lodge MCommunity Center Place of Worship ® ©®,,,1111©©,,..©,,,,..........�..■�� Retreat Center Rural Special Events Miscellaneous Uses ® .- - . - ' 1111,,,,,,.��..,,,�,.............■�� ® • , 1111,,,,,,.,...,,,,,.............■�� ® . . . ����,,,,,,.,,..,,,,,©............■.. Article 5: Uses 9 Section 5.9: Standards for Utilities (vi) Site Access a. There shall be a minimum of two access points to e site. b. Access points shall separate student drop-off reas and visitor parking from bus traffic. C. If school buses are used, then at least o access shall be limited to school employee and bu use during normal school hours. d. All access points shall be locate o provide maximum visibility and safety. e. No driveway shall be permit d in a location that will hinder or congest traffic vement on a public street. 5.8.5 Schools: Technical, Trade, nd Skill Training (A) Use Standards (1) Standards for the -1, NC-2, M C-5, EDH-4, and EDH-5 Zoning Districts (a) Structures shall n ex ed 16,000 sq.ft. of floor area. (b) Schools shall invol my activities associated with Continuing Education, Perfo ing/ e Arts, Sports and Recreation, and Trade schools as def' ed herein. (2) Standards for the C-4, 1-2, I-3, ED , and EDE-2 Zoning Districts (a) School shall involve only activiti associated with Continuing Edu tion, Performing/Fine Arts, Sp its and Recreation, and Trade sc ools as defined herein. (3) Stand ds for the O/RM NR-CD, or MPD-CD Zo 'ng Districts (a) All School: Technical, Trade, and Skill Trainin land uses, as defined herein, shall be permitted. (4) Applications proposing flight training schools shall submit d umentation identifying where actual flying activities are intended to occur. o on-site flying activities, other than the use of simulators, shall be permitted. (5) Applications proposing a Community College shall require prior appr val, and budgetary allocation of funds by, the Orange County Board of County Commissioners before being submitted for processing if County funding i required. (B) Standards of Evaluation (1) All outdoor activity areas shall be buffered by a Type B land use buffer around its perimeter in accordance with Section 6.8.6 of this Ordinance. SECTIONFOR 5.9.1 Telephone Exchanges and Fiber Optic Facilities (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations (A) Standards of Evaluation (1) The design of structures shall conform as closely as possible to the character of the area in which it is located. (2) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. Orange County, North Carolina—Unified Development Ordinance Page 5-59 Article 5: Uses 10 Section 5.10: Standards for Telecommunication Facilities • 1IL• ' • • 5.10.1 Inte-rvt The regulations contained herein are designed to provide for the safe and efficient integratio facilities necessary for the provision of advanced wireless telecommunications services through the community with the goal of establishing reliable wireless service to the public, governmental agencies, and first responders in a manner that provides for the public safety and general welfare of its citizens. 5.10.2 Master TelesernmunoGairs Plan /fin) (A) The Plan is intended to assist providers On their search for Suitable locations to build their n tworL GG �n Tm y deyelep the Ran /mon\ which w. �ALJ display se,�ee�e�o�,,� �,,, ,a IOGatiGRS y.f'thin the GGHRty'S Z()RiRg jurisdiGtOOR where property E)WRers have expressed (B) IRferma+inn that may be shthe hale Plan Will in�rle but + limited te: ��--crrcvc( �urrvv�rrrrr u� r-rtvr�Trrrr z� 0)Exists tower,, c /71tran�iSSiGii-limno Tc�Major tYG -rS, (3) CG URty definednlo�-.atural Area (4)HistOr+s PreperrtieS, /�.��'�en'c crririnrS- (7i ) Voluntary Agri-uIfi AI DiSt-GtS and (8) Publicly ewned er quasi public lands. (G) IR erder to paltiGipate in the Plan, all GWReF(S), or their legally biRdiRg representatives, shall submit an appliGatiE)R GR a form prepared by the PlaRRiRg DepartmeRt requeStiRg (D) All t8leGOMMURiGat'GIR providers whe elect tE) G0RStFYGt facilities GR PFE)PeFt.86 OR the Plan shall nyirde all ReGessary and requested inferma+inn +e the CG infiW'o +elecommUmica+inns 1I+an+ (E) Medmf0c-;;tiP-n. A-f the Plan may be r.ensidlered- -ARnually at a Public Hearing in February of eachrce nd ar. Any applicant requesting ng mortification of the Plan -hall mato applieatinn to the Planning rlirector nn nr before De e.rnbe rI st eff each year. The fee er modifying the Plan shall be that as skat fnxth in the Orange Geunty Schedule of Fees. (F) WithdrAwAl from the Plan is permitted Of any owner submits, to the Planning DireGter, a modifying the Plana set forth in the Orange GG Rty Schedule of Coos the Planning DiFeGtGr shall parties that the preperty has been withdraWR fF()M senSider-at OR. Removal of the property frem thePlan shall be Proeessed as-a medifica+inn as detailed heroin v 1A 4 Annual T ese„,munirEat+en �est+e„-Meet+ng /ATDM, (A) Purpose and Outcome /0)Thepurppose of ee +Thr TIRM meeting� ollew fpr mini f Ilon �tmeR e eet� � oe ete�-evTe�=oree„ opportunities, addre-- cnyerage issues, and discuss the location of needed support StRAGWreS with previders whe intent on submitting development anplicatiens for 21Gtinn by the Geunty. The intended- n,itc Orme of the FneetiRg is tc) the Gn-unty and interested parties to develop a plan for facility depleyment).A.dtWn the County that prevides neasso-nable GOVerage based on the Orange County, North Carolina—Unified Development Ordinance Page 5-68 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities needs of the GGYRty and its residents, while MiRiMiZiRg the total number of needed telecomm mica+ion support facilities iRGlWdiRg MiRiMiZiRg the intr soreness of such facilities and encouraging the development of a more efficment telecommunication networL (2) The intended Outcome of the meeting is an understanding amongst the Planning Director and Providers on areas of the County where telecommunication support facilities are needed and application request for the year should he focused. (B) Applicability (T1) BID1esember 2-Vof each calendar year telecom ca+ion providers shall submit to the Planning Aires+or a Plan indica+ino prepesed search r s for aRtiGipated teleGGMMYRiGatiGR suppert StFYGt6IF8S. This plan shall identify areas where providers are IeekiRg +o lecate facilities as well as identify these areas of the GG Rty that a nderseryed by existing facilities (2) As ef the effeGtive date of this Ord'RaRGe aMeRdMeRt any Pending appliGatiGRS that have not a Zoning compliance Permit or a special use permit shall meet_aall requirements ll n_vf_hithis Ordinance, including, but not limited to submission deadlines application standards and prncessinn evcl ding the ATD�A requirement. rc-clrnroTr'crrr. (C) Meeting Specifics /4') The�meeting shall eGG Ur by the end- of lanuary of each calendar year. (2) Attendees shall 'RG'6ide all Garriers and t()WeF GGMpaRieS whe have either filed appkatiGRS the previews year er aRYGRe whe has expressed an iRteFeSt in filing (3) The GGWRty shall RGtify eaGh party ef the date, tome, and plaGe of the meeting Re later than 30 days prier+e the Meetin g. (4) These en submitting development appliGations are eXp8Gted te attend the meeting. Whole a !aGk ef attendanGe will not prevent the submittal ef an appliGatieR, it will prevent the appliGant's ability te partiGipate on the disc Assiens Outlining the areas of concentration for the Incatien of telecomm nicatien s ppert stri ct res for that given year (D) Applir--ations fp-.r the development P-f suppert struGtures shall be processed on accordance with the provisions of this Ordinance .5. 0.4 Existing Wireless Teteco"'r„-rnu-n-Fcatlopr Support Structures 0) Tele-ruernmi-IniGatiens equipment -as arur.essery uses may be plaGed on existing in a istence a of december 107002may her placed with a wireless s ert s+rucfi ire of equal or less visual iM ac+ after approval by the Planning director Hey.ev er if the P ed n WiFeleSS s ort strU cfi ire W. ld net he c isten+ with the m MUM standards Under CectioP F 10 plaGemen+ Mus he a ped as provided f9F in this QrdiRaRGe. Arressery I Isoc aGGesseryuse in accordance with the Table of Permitted Uses and as folio Orange County, North Carolina-Unified Development Ordinance Page 5-69 Article 5: Uses 12 Section 5.10: Standards for Telecommunication Facilities 0) OR pr�rveperty GWRed by the GG Rty OF uhl.G on+ity, eXG8p+r theseGIeSlg,`-;ated s histnrig p er+ios OF Sites, the Ge Rty may, n its solo disgre+inn as the OwRer of the property, authorize theapplicationand use of County property after the applicant executes a loose agreement acceptable to the County. (2) Wireless telecommunications facilities, as part of existing utility poles shall be permitted as an aGcessory use. Wireless facilities shall be Gonstructed as part of the existing x utility pole r a replacements for the existing ev utility pole No ll-It-�nrSt�f}�-ozrrrcy--�vrc�-Or-a�re��.c-rr-rc-r-rc St�vrc��-ry freestanding towers constructed exclusively for personal wireless services shall he permitter) within utility easements aGGGrdaRGG with the Table of Permitted I Ices opt a permitted in the Master TelecnmmL Jnications Plan ("Pan") er by Qec+ion 5 1(1 F of this Qrrdinance 5.10.6 Admonmstr-ative Approval of Certain TelleGernmuniGation FaGilities (A) Applicability Planning Staff preyirderd that all of+hep eRtained in 98Gtinn 5.10 are met: 0) New stealth teleGGMMURiGatiGRS wireless SUPPGFt StFYGtLIFeS up te 75 feet OR height that a S UfricieRtly disguised s s te MiRiMiZe V al im ac+1 (2-} ARp`cviFelleSS SUPPOFt Str� Gt�u-c IF(_Q less leSsthan 75 feet OR he'nhT. (3) Any wiFeless SUPPOrt StFYGtI_IrP_ Ip-ss than _200 feeat On h1eight leGated on property that is A-yVned or leased by Orange County; and (4) Any wireless SUPPOFt StFYGtHFe less than 200 feet in height on whiGh the ewner e at n charge to the GG IRty whep the Ingo+ion of S Bch faG'I'ty is of benefit+o the CG Rty as deteFMORed in the cele diSGretin of the (`nunfii Of a tel8GGMMLIRiGatiGR faGility 6IRder this SeGtiGR shall be issued RG later thaR 4 5 /R\ GeIloGa+inn katiiGRS Meed the fnlleWing r eMeRtS L4� 1"fQ SlT TT�C VTfV�Trfgl�T !a,1) p�nosed add thenal foo'I'ty mill not iporeo the over-all height nnd �gidth of the tnwizr nr woreless sumpnrt str irt,ire to wh ich the wireless facilities are to he attarhert consistent with Cectinn -2.7.15(i 1 1 of the Vie. roc+rintinnsr GARrl440ns if a applied to the initial wireless facili+ies placer) OR the tewer er othendrelessSUPper+ stn IGt ire (G) The prepesed add.t'opal wirelessfae+li;iee cGmr,I with all federal, aprd Intal safefir on+s (d) The additional fadlity de8G RGt eXeeedthe appliGa le weigh limits for the wireless s ppnrt s+rU G ire (B) Submittal Requirements (G) Neighborhood Information Meeti-rvg Orange County, North Carolina-Unified Development Ordinance Page 5-70 Article 5: Uses 13 Section 5.10: Standards for Telecommunication Facilities 0) For al ma+iyel„ o eyed wireless SUPPOFt StFWGWres,eXG161d,'n-rg sel,:eEat;erS,aefghhborheerd infermo+iOR meeti Rg shall be vch-reduIaGGrev�n ordanoe with the n GRS of Qegtion 5.1 0 9/A\/74 5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures (A) General Standards (1) To minimize adverse visual impacts, stealth antenna types shall be preferred. if a non stealth antenna is proposed, the application shall be required to ( ernoonn Straate On a technical mannr acceptable to the Planning director, why the stealth antenna (i.e. an anten— in—pe.ated Onto the architecture of the building or fully screened from view from sight proximate to the antenna) cannot he used for the artic lar application.This does of preclude a cnmhinati8n_nofthe various types of antennae /2\ + rdim II he hi to a ,al h"+h lanning clic T � el�Tnruc�.rrreFlSfA,r�S �I,�e6t rr �gv,re6t0r. statement shall be submitted, prepared by a PFGfeSSiE)Ral eRgiReeF GGMpeteRt tO evaluate antenna choices to cer+ifi,the technical neer) for the r rerJ crhcerd'm -ri -rni-cu'Tr'vrrn c..r. (Z\ +e+h of a R��iIr-ding Permit h"the estRGRs-Di SiGR, the �� �Re�ss�a,=ree er� ,�T r nsp StFUGWFe nz vrraarnrte.Anu9 -A.rp- in cmmPliance withFAAregulations. I.A.1here an tate mounted, GUGh evidence shall not he required. (B) Stengaarreig off'€val„atien far Stealth Rooftop or Building Water Tower, r Transmission Line Mounter! Antennas IR addition te the standards established 'R SwbSeGtieR A above, the fellowing are Antennae• rmzc�--rrtcrr. 0) + s shall +eXeeed 20 feet above the FOGf the �ilh diRg OF e61n�no)rri r-r� e�,=,c'r 'rnrnn ovr T err vaTrcnTT�vr StFUGtWe water+aRk r+rancmiccir,n line (2) GerBMeMial adVeFt'S'Rg shall nr,+ he allewed GR aR aRtGR.Ra; (3)S'ignaalls lights or illumination q-.ha" not be erred en an antenna unless req r A fired h"the FGG othe CA • permitted (4) Any related unstaffed equipment building shall ROt Gontain more than 600 square feet of grecs floor area per icer or exceed 17 feet in height1 (5) o e n t-Ation shall be required denoting that the erer--fien. of-an antenna will no Geri-rpreM Se the s+rL c+ gyral iRtegF'ty of the building, ater+aRk or transmission tfFl4--', GUtliRiRgthat the aRteRRa ,,,ill ngtT�etert r he interfered w4h by the n al operating charas+oris+ice of the transmission line; f7\ If the equipment building is Iocaterd on the roof of the bu.1 ding thearea of the equipment building shall not occ Unv mere than 2-F@24of the roof area and shall comply with all Qtate of lUorth (`arnlina Building Conde requirements fpr the proposed and existing building; and (8) Approval of the Planning rlirecte-tion re�Tonsisttenc"With the definrtion�rf stealth a Gili y iS re ed. tach application shall�Tont�a n a rendering or photograph of the antenna inch irding hi,+ not limited to colors anrt s GeVGas. (C) Standards of Evaluation for Non-Stealth Rooftop or Building, Water Tank or Transmission Lane Mounted Antennas Orange County, North Carolina-Unified Development Ordinance Page 5-71 Article 5: Uses 14 Section 5.10: Standards for Telecommunication Facilities IR adld-i+inn to the Standards-established iSub vest;en (A�eve+the fe'!GW'Rg are plioahle to all NOR Stealth MGURtedl Antennas• L, (1) Antennas shall not exceed- d20 fey_et� y_i_aabo.ohn�ie the rnnflivvrrnne ofof the subject-b �ilu rlding yr support stru e-ture water tent or transmission line; (2) Antennas shall only be permitted on buildings or structures that are at least 33 feet tall Antennas be laced on buildings less than 33 feet tall if public safety needs warrant the antenna; (3) Arttefl-nas, andrelated equipment buildings, shall he Iodated or screened to of a material o elor whish matches the exterier of the building n stn IGt Yre i whish it is situated; /A\ !'`emmerniol odVertising shall net he allewed- OR antenna; (5) Sign.aolls, lights, er illi Im natien shalom l Rett be permitted en�rrar-�nrantenna,-'a'rnrlIeS6 required by the C(Y` er the CAA (6) Any related unstaffed eqUipMeRt building shall nOt GOnt-;;4n rnA-.r,-Q than 600 square feet of grecs floor area per wiser or he mere than 12 feet in height; (7i�itrhre equipment building is Ionated- en the re-of of the hi gild-ing the arathe.nf equipment building shall not nnoYpy mere than ')F5 2/_ ofthe rnnf area and shall nnmply with all State of Nl Axth (�arnlina Building ing Cede requirements for the proposed- and existing h ild-#g• (8) Antennas may be leGated en utility poles pursuant to the fellewing regulatieRs� (a) emaximum height+ f the mIewith antenna shall rnot eXeee —70 feet� height. /b1 utility pele II h + blio .�ithin ��blin \vim S-s -c'rtry v^Cijr v^n�-np'a'oTrc-pi'Spe�t�� easements or ublio rights ef way (E) antenna shall bc-^v r'crSFZe and r'f a+ i e St, �r+fro I ly nompatihle with the engineering rlesigp of the pole pursuant pant to the Nerth Garel'na State Building Cede and- attested- to by a professional engineer licensed- in the State of North Carolina and onmpetent to evaluate antenna choices height. ifthepole is--replaGedze withstand the addition Gf toese r eaon+is egUi enT then the same es+din+ien shall apply R � exnept that the utility pole may he 20 feet higher+hon the adliaoent pele heights. (e) Paeement eefT R antenna on utility pole shall only he on poles owned 0r fraRGhisee, OF orange ro Un+y (fes))All reled +ien nests--i_Asser.icatedwi+ �—relnd•a inn nnf the ;;�tennu peoessitatedl h�i read-�niay or sidewalk meets shall he horns by the proy'dler 5.10.8 Wireless TelerornmuniGations Support StrUGtures - Submittal and Review Requirerri4nt-s 0) Submittal Requirements (a) A site plan n and- SiteIan applioatinn naGkage prepared- in aonnrr-anne with Seo+ien 2.5 shall hen esented for a gal to the Planning Division e Orange County, North Carolina—Unified Development Ordinance Page 5-72 Article 5: Uses 15 Section 5.10: Standards for Telecommunication Facilities !b) A detaileddessrii the pFE)posedteiesoMMURRoatiOR senpoFt St-6IGt ern (0.8.o dennnnlo Self nglln�ttiGe, etG \ iRGlY din detailed etailed narrative irye acsription and explanation of the specificobjective(s)for new facility including a description as to the coverage and/or capacity, technical requirements, andanthe identified) boundaries of the specific geographic area ofintendedcoverage for the proposer! telecommunication support structure. (G) Elevation drawings and color renderingsofproposed se�J tower rnieshowing:: � 1� VeFt'Gal reRditinn of the +eleEe rt" YiaGrSU t 6+r61cfi ire/s\ ideRtifyiRg all users prd a+tachmepts III�AllTeelatedfix�rxtures, StruEtUreS,appan"teRaRGes and apparatus aRG' urding the height of said s+rU G ares above the lowest adjacent pre_e XiSt'Rg grade, !r The s that sedGR site for said Str1GW;eS inch dmng their color and- aRy proposed lighting and shielding devices, and if the fT,.�_raaGility_,es.intended to bea stealth, as defined hereon the cndnrs and- screening de vices for the Planning director to verify consistency with applicable def'n't'nns ()A signed stat�ra_tern.ement Prem the applicant certifyinRgg the the pc pro posted telecomm nicatinn s Uppnrt MRct Ir ' !i1 Shall hem iptaiped OR safe m GGMpplRaa_rnr +h II edition f all 11 I�l aa.ppppllTGah�le permits d �s eea,r-ee,-r�,TSVI thoriZa+ions wi+he h o ptiop pd ri IS OR Gen,n;;aRGe with all app"Gable and permissible IGGal, State, acrd Federal r6ales apd r 6 llatiops (e) A statement, prepareday a ;rerfess nail engineer lirensSed-inn the State North G-Arelina which through rational engineering analysis, certifies the er' nmpliance with app-icable standards as set forth in ovthe Ctate of North G-Airelina Building Code and any associated- regulations; and cr-a���crvovvrari, crrucrorro,�rrry describes the tewer's capacity, incl ding an example of the n- mber and type of antennas it can accnmmeddate /f\ +a+ + ting how the will 'mai �� �err�enrsta�r9-„�-�,��-propose tsuaer ,r�e 6Rt,aSiVeReSS tG SUrr ndin onertieS OR the area. Criteria that may-be used fors Ich eyidepce may he height apd type of exis+ipg +reef (g) A eOPY of the 'Rstalled fnHnrdatinn deS'gT ,G161diRg a geeiesF.a i=ri I SF�vh_ r - Si�r'�raaEe soils i nvestigation, evaluation report, and fe indation recommendation for the proposed wireless support stn ct ire (h) The existing Gel' sites (latitude, 'GrIgitude, power levels) te�.AAmr--h this proposed site will he a hand-off canddate Propagation studieso off showingth+hpproposed-_site-and- all adjoining plaRRed,prepesed�seWoe F eXiStiRg sites. ThiVTTIlI'Rodeall TOf- 'T �rstudy the medel'Rg 'Rfnrma+opraSed te predUGe the ipcldiRght no+ limiter W, mptieRS made about amhiont tree height The pF li dip gghoe the site. epi sear zev rr (Rc) The-R 61mver,type, height, artd model vf the propnsed 'pzeRRaoa;vig with aa_Gepy of the ppliGahle specification sheet(s). Orange County, North Carolina—Unified Development Ordinance Page 5-73 Article 5: Uses 16 Section 5.10: Standards for Telecommunication Facilities /I,\)Themamake, del and m n61faEt6Irnr of the nitewernrnn+nnna/� antenna heights and nr In„n1�� YYosed site. This-will-ii� uc documentation establishing the azirnuth,, size, and centerline height location of all proposed and evicting antennas on the structure. (m) The frequency, modulation and Glass of service of radio or other transmitting equipment. `n)The mavom m trane .. .en nn�yer capability of all radios acdesigned, the applicant is a cell lar or fi nctional equivalent carrier, or the maximurn tranomiosign p ability, as deli ed of all tranomiooinn facilities if thea plicae+is et a cells alar or f Inctio al a valent c !e\ The actual intended transmiscign and them effective radiated punier of the antenna/s\ /p\ dir /c\ of maximum Iebes d radia+io �� est+on� sand + n of the�assec� an ). (q)C;e 'ra n +ha+rrn-r cr,.�_�_�_rhe I�IIER levels o_at-the-proposed-site are-��.��—v;cithi_r�'th'n the �/ threshold levels adep+ed by the FCC (r) G8Ft0f0r--.-AtiA-R that the PrGpeSed aRtenna(s)will net With ether devices (s) A written affi-ayitstating why"the proposed site ^vcSSr��ferr their GAMAMIHA.G-AtOORS Servi�G n for cnVerage capaci+v s hole filling etc-.) and statement that there aFe RG eXiStiRgl alt tip e s;'te ithin the erna� �,��� provided search r Rg and there aFe Re alternative technelegies avail which c u ld p vide the p sed telecomm Inications s Ge Re ed w0theut the tewer. rtM A eePY=^rthe��ReeRseapplieabllefer the intended 6ise ef the fa6lity aassVVP-1l ac a copy of the 5 and 10 year building out plan required by+he FCC Serne er all of Mems listed On /h\through !r\ may he required to he provided on a prepagation study data form to be previded by the County. (2) Add-Ot+erFa; oah.�r+,ittal Re e+xnts —Collocation of Antennas In additien to the requirements deneted- hereon, appkatienls fn-.r the GelleGatien C) antennas on evicting stn is+i Tres shall he required to submit the felln�nripg• !a\ Theage of the e isting tGWer in ncl,.ding the date of the grant of the o alp mit o etherization fer the a isting tC)Wer• /b\ ire old as ���er-a=w=�re�ss s + that str�c�ure�,�a�-�s-#;wearS guyed stIF IGtire that is three years old n elder, a pv of the latest ANSI �epor+ dgne ur a t to thel test edition f nlcl_GI��TIA 22222F ARReX <-ao,«parse��,� � ,�,o,r-e,-,-„,o��r � Z G for any self_supporting tower. If an ANSI report has not been done pursuant to the preceding sched le an AMICI report shall he done and submitted as part of the application Ne Building Permit shall he 'ss- ed for any wireless support struGture where the stn c+ re hung attached +n is in need of remediatiop unless and unto! the County Planning and lnopegtions department has a revel all remediation Work needed has been GE) ��p.,lletted or a �al schede fer the remediati �non el* ^v) tA StraGtUral Report signed by a Pry eSSOrrarg''T li to do o ee�-�eer�se zo hUsiness in the State and hearing that e eer's c eptly valid stamp sheWiRg the strUG gyral adeq uaGy of the wireless s r,rt S# 1c+,ire to inchUdmng any equipment shelter, unless the equipment shelter is Inc a ated An the In\n/est floor of by 01ding• Orange County, North Carolina—Unified Development Ordinance Page 5-74 Article 5: Uses 17 Section 5.10: Standards for Telecommunication Facilities (dd) if a+� to aStFEtUre other than o tower or where the proposed at+achmep+ is .,ithip 30 foo+of areas to which the public hos o n'.Id reasonably have or gain access to documentation shall he provided including all calculations, proving that the potential exposure to RC radiation ( a Non_Inn Emitting Radiation), will he comply with the mos+ radiation ���rvvrr-rvrr�-n�rcc rr-r�J.--� �vv-rcrrme -rrvac recent FCC regulations governing RF radiation and exposure thereto-, and furthermm from any denoting the inim distance froan y antennas an 0ndivid ual may safely stand without being exposed to RC radiation in excess of the FCC's permitted s+andards and aRy nr+inn/s\ of the s+r6IGt Ure that would he exposed to RC radia+inn ip of the F=r- permitted standards Gempliance with the FCC's regulations, ORIch a Instapce the RC radiation from all facilities at that Incatinp shall he Ipcl Yded OR the calcUlatinps to show the n ula+iye effect OR ar of the buildipg o strY Gt ire deemed a sihle by the public OF orkers r Such report or ai a-lysis gall he signed and sealed by a Professional Engineer licensed On the Stat-e- (e) if the or antenna array cnllncat'nn s 3-0- feet A-r more above ground level then a sinned dncYment such as the FCC's "Ghecklist to determine whether a \A/fireless sU nport stn cfi ire may he Gategorically €xrl-A-ed" shall he provided toverify that the mndificatien nr antenna array collncatinp .,ill f lIly c ply with the c ept FCC's RI- 8MOSSOORS reg. latiops If Rot ca+egnrically excluded a GOmplete RI- eMiSSOeRSstudy calci ala+ions se that s .ch may he verified prier to isswaMe of a B uildipg Permit; If any Sectien or portion of the stn UctUre to he attached to is not in compliance IA.4th the FCC's regulations regarding RC radiation, that section or portion must he barricadedyVith a suitable harrier to dlsgnl gage approaching into the area in excess of the FCC's regi ilatinns and he marked off with vel!GW and black striped warning tape or a ' s --itae IMAM'ng barrier, Well ell as placing RC rodiatinn signs as needed and appropriate toyVarnindiVmd---als of the potential danger; M A Signed stateMeRt that the appliGa pt Will expeditiously xpTtoIremedyyZTT�V physical er RIF interference with ether+elenommi ipicatinps OF reless devices OF GeS used by+hepeW ps+alla+iep (3) Standards of Evaluatmon COUGGations and Towers Requiring Adrninistrative Approval (a) A proposed tower shall not b ted- ifnet suhJbstaantta4y necessary for the telernmm��n'rat'nns sepyice need identified pursuant to the s;tt an���raa rdrd s; of this Q r d—i ance !h') Tower height shall h�pe�ameasured- from the hase_nPrf thte t&.A.f(Q..r to the highest point of the proposed antenna(s), with lightening rod to he Is ncated atop the tA-yVpr tr c+ re ' (G) Tete66rmrnTmr'a'-rRiGatiGR anyef�shall f�6 nform with all of thef e� tef�eNif S-�Oac -- S--or this nrdipapce /d1 towers shall he engineered to allow for GGl� tiop In for tv� zv�vre�e orruir-v�eng-no tov--arrwv--rvr Eaz�m-rS. E6�vEazvr shall he refi ised a s for cnllncatiop by charging e erbi+apt lease fees P6ib!'G safety PrGVideF GGIIGGatmens shall take prioFity over E)theF Go IGGaters. (e) A shall pFevide Planning Staff on exorbitant rote leases , AllIin .Ieee SUrnnrt eta GtYFee shall Sati ify all applicahl Safety, 'And of � Tttc nrd nc1. �'rg---I r Orange County, North Carolina—Unified Development Ordinance Page 5-75 Article 5: Uses 18 Section 5.10: Standards for Telecommunication Facilities esthetics lapdscapiRg Iapd_use based Iecatiep p eri+ies strYct gyral desigp setbacks pd fall (gg) Applicants shall evaluate the reasonable fe_afoasbility of collocating neo PP�ni antennas and equipment on an existing structure or str ct roc within the applicant's search ring `h) Prier�To issuing a building permit for the collocation of an antenna arra on an existing facility, an applicant shall demonstrate that the collocation is legated appropriately on the facility with the overall goal being to preserve the c l+it y of the facility fpr tit ire cellona+igpo and +e mlplml;ze they al in+R.nUS. and im ac+ inch u-linn the prefile of the faGility. EelI0Gatiep exp a faadlity, the s al s+repg+hs a alyzed shall he the threshold OF IGWest s al s+repg+h at which the c Ystemer o ep+ is designed to function, which may he required to he determined by the manufacturer I s published specifications for the customer equipment. Oppreval of the Planning director to Verify Gennsisten�w.ih_the definition of stealth facR'ty is required. (k) All teleGeFRMURiGatiens towers shall be plaGed On heavily wooded areas en the site to the maximum extent possible se as to lessen the intr soveness of the str ct ure and accessory stn uct roc all wireless si Ippert stn Uct ares attacher! +e o isting stn int ares the engineer certification statement shall ipcl ide certificatign that the Str6IGtUFe GaR suppert the lead superimposed from the wireless supp structure All wireless s pport str ct res shall have the capacity to permit multiple users; at a minim run monopole wireless s ppert self_s pport/lattice ern eyed Wireless s pport str ct res shall at a monimurn accommodate three cors ' (B) General Requirements— SpeGial Use Permits or Conditional Distrint e-T9,asappliGable, of thisQFdiRaRGe, plicapts shall her red to adhere to the f0lleWiRg.- 0) Overall Policy and Desired Goals The e yerall pelicv and desired goals fer approvals of wireless support struGtures shall be PFOFn()tmRg and enGO wherever pesslble the fell 'n (a�)Alter�Alternatives StF Gt ng ern WireleSS SUPPnrt StFUGWres incl�'r�n� but not limited to the cnllncafnn of nyireless telecommunications egg�'pment and mitigating the visual effect of ay.fireless telecemm�.picatiep s er+s+rYct ire tea ex+ep+ net n ally (h) eeMee+, height apd g ap+ity of W'F ss� eseea+iORS tGWers apd o ep+ ip Ich a pcludipg b6l+ pe+ limited +e +ho use of stealth +echpelegy er c e6 iflage+echpiq yes tG MiRimizeadverse esthetic apd al impacts ep the land, erty, �� bildipgs' pd ether t��l�sad.Gena to �� srro undine and inm generally the saearea as the requested locat0on of wireless telernmm��p icatnns support StF'int ire which shall mean using the least visually and physically Orange County, North Carolina—Unified Development Ordinance Page 5-76 Article 5: Uses 19 Section 5.10: Standards for Telecommunication Facilities intra isiye facility that is Rot+echneingicalI., n ally im ac+inahle ,Inder the facts and c instances (2) Balloon Cestan Neighborhood Inforrnation Meetipg /a\ The applicant shall at least 45 days prior to a Speoial Use Permit \ate' applicant , T A evidentiary hearing or Planning Board mooting at which a Gonditional District application is scheduled for review, conduct a balloon test whereby the applicant shall arrange to fly, or raise upon a temporary mast a minimum of 10'3" in length brightly colored red or orange balloon at the maximum height of the proposed neW Wireless s ort sic /b�) The balleOR test shall be flGWR for at least fGUF GORSeGiitive daylight hours starting sometime hetWeen 90.00 A M nd 2•00 P.M. n the dates Ghos8 r. /E A REAGe of the dates /in ding nd date 'R f poorvisibility, t � ��seee,,a-��, ease�� � \n/eatheY Ar atmospheric conditions nn the initial date), tomes and Incatien of the balloon test shall he mailed, by certified mail return receipt requested, by the applicant to all persons nning pro perti within 1,040 feet of the s -b'ect parcel no less than 14 days n adv-.A. of the first test date The data contained \nnthin the office of Orange County Land Records shall he used- as the primary se irce for determining which residents are to receive notice of the balloon tests Thismvt;ee shall also inform Intal r sides+s that a ghberhood information meeting shall he held the day of the ballnen test so that the nlicant caR explain the proposal and Planning staff, inch uding the GoL m+y's +elecnimminicatinns c u ltan+ naR plai +her view process (d) The primary date shall be on a weekend (exGluding legal holidays), but to preVent delays 'n the processing of the application and in race of poor weather oratmoo,spheriG eonditien,s on�,vn_t_���_i.nhe initial date the secondary date may be a weekday. (e) The appliGant-shacmll inform the County Planning Staff, in writing of the dates and times of the test at least 94 days 'n advance (f) The Ga + shall QTIspost ZTGR the s6ieEtPrropeFt A directional s gRS posted at Inca+ins nto he determined by Planning S+off The SS shall measure r� ;,ore�ha+gn e feet in area nd n � less than foursquare feet in g the con+act infnrma+ion of+he GeUn+y Planning Department the proposed dates, times nd Inca+ien of thebaNeeRtest. The sfgns shall be posted to meetthesame tome limits as provided for in the ballnnn test netificatien a stated above. (3)R-b n*ttal Rpquirements In addition to the information required herein as Well as Section 7 Tor 7 Q as appliGable, the following shall be submitted as part of the appliGatier4-.L /a\ A� Ian showing the followin • fir-shg� g� The 8Rtire Site /inG' ding property boUndary Imes) d size off all stwRg �- �� 'thin 500 feet of the site, ear � s=oar- � �� r �€Xi nd proposed strUGtUFeS OR Site, The fall zoRe of the tower, feed and /�i\ Any officially designated flnndwav and flnndplain or the i 7rTray--�,T'�*�^�� + , --r �9-Qys 5�� -�� presence of all,Rdal soils Orange County, North Carolina—Unified Development Ordinance Page 5-77 Article 5: Uses 20 Section 5.10: Standards for Telecommunication Facilities (hb) R TRS, P1—oRd elevat'O,n-r all epesed 'StFUGkIres and-deSGFin�TSoff the Eeler apd pati ire of all ax+erier material alepg with the make odel pd manufacturer of the proposedstructure, m r vimu m antenna heights, and ppowerlev.c_lsrvelc Y�"Y" (G) A Landscape and Tree Preservation Plan drawn at the same scale as the site plop showing the existing and proposed trees shrubs, nrnu nr! ��nvwn,y the existing r„�rv�v�ccrcrcc�, �n �-yr vvr rcr Under and ether landscapematerials. This plan shall minimize adverse visual efforts of wireless telecommunications support structures roc and aRteRRas thRr^oa'gh Ga�f"l demon, SitiRgIaRaS6annSGreeR'Rg Rd 6 RRoyatiV8 c eyflaging techpiq yes (r1d) Eyi'dc'RGethe+�TTarthe apnpl-GaRt has 'RVeStigat8d the peSSibilirmes of plaGirS the prepesed eq 6l i n R ep+OR eXiStiRg WiFeleSS S U PPertstFLI Glare. evmdeRee shall c is+nf: AIiStiRg of all leSS teleGGMMa-rrfCatiGRS SUpnnpnvrrtStFUGtUreS within a two mile radius of the proposed wireless suppert structure site an�nd-a--rr” listing of all ran-ir�._r�irelecsrsupport structure, utility poles and other struct fires in the Vicinity of the proposed facilit!i that are technically feas'hle fpr utilization by the applicant to foil all er a substantial portion of the telecnmmi�nicatinns ser�iice neer- identified by the Applicant pursuant cant to section n Q/n\/9\/ + shall he submitted at the time of plica+iep filing that indicates the a plicapt's ability OF ability to cn_Inca+e OR the identified tower(s) and reaSORS why. tier f the f the maxx-.'im-r'umrr Eh '+hip t,r� ear-e�-�R .-e�-�,� sear ���R,r, which the+elecemmUnicatien o ent c n f 1pctien a intended The fellewinn 'nfnrm atinp shall he provided fpr all eXietnin wirwireless sup�pert�-Fc�Te iithin the search Fong: a �"'�9\°A/fireless telecnmmi�nicatinn s'ippnrt stn icti ire height; U. Existing anr- planned wireless sip Apertstru Gt�i_u ree users; E Whether the existing Wireless telecomm nication S Upport stn ict''re accommodate the +elecnmmi mica+inn equipment to he attached to the 6#1GWriRstability er radio#egUeflcGY iRrterfefeRGe; a,rd d. if theproposed tetese;TM6IRREatiE)R eqH+pMeeteaRRet be aGGOMmoda+ed en the o istipg Wireless teteGernMcmp'GatiOR SUPPOFt StFUGWre assess whe+her the existing wireless su ppert str uch re ce-Jd he str cfi golly strengthened Or �nihe+her the antennas transmitters and related equipment Ge Id he protected frA-m elmac+rnFnignetriG iRnt8 Ffi8rence and generally dl.,essruribe the means and prejected rest of shared -se of the existing wireless SUnp Pvrt StrUctU re; and G. np" res+rictiens er limi+atiens of+he FCC er CAA that weuld Predude the shared use of the wireless s er+ s+n G' t cam" f. PrepagatiGR studio of o� l ad e;R'Rg pp:aRRed, p;ePesed, M SeFViC-e, OF is+ing sites, and; g Any additir,nal inferma+inn requested by the GG inti t A surnmary explanation of why proposed telecomm- picatien equipment cannot he Iocated on any of the existing wireless support strucc rp- the search ring Orange County, North Carolina—Unified Development Ordinance Page 5-78 Article 5: Uses 21 Section 5.10: Standards for Telecommunication Facilities (e) DeGUmenta+inn from a nliGahestate er federalenGeS indiGatiRg regUirements which affect the appearan— of the pthen opesed wireless SUPPO t St-F re UGh as lighting and lnrinn lfM Draft performance bond guaranteeing removal of the wireless support structure On the event that Ot js abandoned or unused consistent with the nrn"js'ons of this Ordinance N (g) A listing of and current tax man identifying all property ownerithin non feet of the parcel and addressed firsowners class stamped envelopes to then eFty o s for notjfjcations of the pyblic hearing OR ordance w*th Sec+ien -2.7.6 of this Ordinance !h\ A F ���� Ed3rn-rM + h"the Ii t t,-r� ep ;�-a,=r� ee�s-rese+v ��;�ea;,�r,-respORse €y'derTEe that the balloon +eetT t has een Met, iRGlUdiRg a notaro-zed statement and listing of the preperh,ewners nntjfied of the test a copy of a current Orange County Tax Map showing the subject ' �� property and all properties vVithin the notification rine and copies of the certified mail returned receipts from the mail_n'h !Q� A notarized statement that the s-igR posting requirement has beenmet. Nkl phetegrraa pphc of a clearly visible balloon fleaterd at the preppesp- d tF wprwpr Iona+inn to themaximum height of the tower, as well a photographs with sheWiRg what the prepesed tewer will look like. Phetegraphs shall areas, hi ric sites readways inch 1ding scenic roads and major view corroders and ether locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower 0 l77 The aN ppshall mnc rdpm e a statement that the facility anrd t� eent Will„c kith all federal, state and Inral emission regi sire menu. (m) 4npp�.GaaR may he required ttohArrmr� an Eny rnnmentad Asessme t Analysis and a Visual addend im Rased on the results of the Analysis mere Qeta;Ied visealaRalys+s. The ssc3peefthe re ed €pv+reRMta; and Visual Assessment will be reviewed at the pre plica+inn rrequired, � � rte• meetng /n1� VisI ImpRc-AssessMent, wh'Gh shall 'RG'61A4"ZeRe of VisibilityMap" skhaall be providedOR erQer to QetermiRe c-ann +ihi the toy he � n �rn,er^,� Panorama photo oi.m.-HI-Atie-ns;-oihe pr-pr^opesed wireless suppT z str Uwe,superimposed en the fexicstiAg dandSGape t Seale, showing "before and after" vjeynis inclu ding but not limited to State highways and other major roads; State anrd Intal parks; ether public lands; historic districts• preserves and historic sates Rermallyppep to the pubic; and from aRY o+heF IGGatr'rvonR Where thesjte visible to large her of visitors traveler a-c�Tv�vivtc-av-a-rargc��umvc��rvTacvry,�rurcrv,travelersor residentc.�s ,�vcrr ri �A R assessmeRt efrm the visual impactftheWiFeless sePPeFt F6IEtUe b--- g nd a , buildings from ah6 +ting and adjacent properties and streets shall he considered to determine the neeneed of screening Orange County, North Carolina—Unified Development Ordinance Page 5-79 Article 5: Uses 22 Section 5.10: Standards for Telecommunication Facilities (E)) All shall GE)ntain a ydeMonStFatinn that the wireless supper-tc str6]Gt Ure is sited & s to have the leant y0661ally intr6 1siV8 effect reasonably possible and thereby have the least adverse visual effort on the environment and its character, on existing vegetation and on the residences in the area of the telecommunications tn�nyer ' ln)A statement prepared hey a profess na„� I engineer� �_r lice�_ycensed Onn th`State�off North Carolina which through rational engineering analysis' certifies the tower's compliance with applicable standards as set forth in the State of nlerth Garnlina R61ilding Cede, o-Rd aRy avovGiartevr cgal�lutrinns• a�Rd .describes the tewer's c city incl ud'Rg a ale of then tuber type of antennas it c aGGGmmedate. (4) Standards of Evaluation (a) The�teTese ReatieRS eg6iBeet plaRRed for the prepesedwireless SUPPeFt strY Gt gyres c net he a erlated GR aR isting w. roles& SUPPeFt 6tr61Gt Ures due ton rnere of the fnllnWing r 12 amequipment would exceed the structural canaG of existing and appro\yeld Wireless s pnort ctr ct gyres considering existing and planned se of those Wmreless s nnort str" ct' res and the IAVireless s nnort str ct-gyres cannot he reinforced to accommodate planned or equivalent equipment at a reasonable cyst Thed equipmeRt would eause rad;efregileRGY interference with other a isting n planned n Ment fer these fireless s art stn ictUre& nd the interference cannot he prevented ata enable Inst Existing or approved wireless sSUnp.P,e.r t_s� c_a�Wre e not have ye snare on which the equipment ran he placed co it can f notion effecfyely and reasonably On parity with similar evistOkj or approved eqUOPM8Rt. lSj0 tower ear nthRr seTtabl,e far-d;,t,Texists in an Ariz;;whQr equipment to he placed en the tourer will f,mr-tion in its intended manner. �I 1 (bb) LGGa Wireless Sva"^pnPGFtt SStFHG fifes ApPliGaRtS fer faGil1tieS sha1�8Cate, site and ereGt said fadlit aGGnrding to the fnllnWiRg n nritie& OR the fnllGWiRg order: a. OR n isting GeHnty_9WRed facilities without in the height of the tourer OF&tri G ire h. On existing Cacilitiec without increasing the height of the tower or stru r-t ire P. On County owned properties or far lities dOn properties in areas zoned far commercial or industrial use. e (l�^� npnrnnerties in areas ed Agric��It�gyral Residential (ARY f. OR p erties in ed far r &idential if aR AnnliEaRrt proposes tepllaGe t eseoa�tinnyequipmeRt ,T,rRu;,� at�+ a leGation that 06 Ret as preferred nrie�rrerzy 1 site then the ,eeaTy� sate, ITR..TZTTri Applicant must provide a detailed n planation as to whey a higher nrinrity site is not proposed The explanation shall he in the form of ayVritten report demonstrating the Applicant's reyipw of the Orange County, North Carolina—Unified Development Ordinance Page 5-80 Article 5: Uses 23 Section 5.10: Standards for Telecommunication Facilities above IGGatieRS OR order of p erity and the reams f c\�nr the 648 se-IreF,t'E)Rr—The xpplr'urniutffiGR shall at o MiRiMYM, ORGluide-thre i nfnrma+inn required by section G 1!1 R/R\/4\/d\ /.. The applicationTshall not be approved unless it demonstrates that the telecommunications equipment not be sited at a higher priority site because of commerGial impracticability nr because no higher priority cite is available that would serve to provide the telecommi nications service need identified by the Applicant as provided for in section 5.1 08/A\/1\/c\ iT9T Appli C2n+ may by puS6 sites-Of�higher -^n'vrry-merely beGause the site n ed is the GRIP site leased o eleGted Agreements between providers limiting o rohihiting Gr,lloca+ion shall not he a valid basis fer aRY Glaim of. Commercial impracticability (y) Notwithstanding that_a_potential site maayy be situated On an area of highest priority or highest available priority, an application ndreqshall not he approved if it vnith the proyisinns and- requirements irements of this Ordnance (vi) Wireless suppnrrtet�-i is ci gree all not he locatedyVithinene_h�rlf /�11 mile of any existing monopole lattice OF g yed Wireless telecnmmI iniGatinnc'support qtr,iGt-we a. Ane opting may he allewed when thea pliGant GaR UffiGiently demonstrate thati i. ,(),pp ate c OR the existing telecommi 1niGation Wireless si ipport stn G ire is Rot available; er The applicant has made gond faith effort to negotiate an agreement igith the nwner of the evictingyVireless telecomm nirati nn si ppert ctr rfi,re and has been Yme GGessf uI ighich m st be dor umented in writing; erM. � The telecomm IniGation o en+ on the evicting Woleos teleGomm6mica+inns ort 6461Gfi Ire is not G pa+ible with the p sed teleGGmm6mication equipment of thea pliGant• of W. Adequate G e by the applicant c e+ he met at the location of the evicting wireless }elernmm n cation c ppert strY rt ire• or The evicting Wn relesS telecomm uniGatien si ippon ctr Gfi re Gannet he reasonably modified to appliGant. b. EXGePtieRs shall r.nl y he allewed after as thereuo aRarysis of the c rGh a sided by thea pliGant is performed by the GOURty'S GORS611taRt GF Staff, 'Rd'Gat'ng that GGVeFage not p Bible OR icting Wn relecc SUPPOFt strUGt ire at the foyr_Garrjer G Gity o ether User c Gi+y that Gan he aGhieyed (G) SetbaGks Within or adjacent to reesideny ti-.zoning diStFiGt� minim m Orange County, North Carolina—Unified Development Ordinance Page 5-81 Article 5: Uses 24 Section 5.10: Standards for Telecommunication Facilities setbacks from the hose of the wireless s or+s+rUofi ire to the property bei lnrdary shall he equal to 1101% of the wireless s ert s+rU Gt Ure height i /i f the wireless support structure isproposed as aann accessory use to residential�sethe setback shall be 110% of the wireless support structure height from any residence or dwelling nit on the subject property. l Adjacent to non_residential uses orVr nor_r_�_cnn_residenti_ntial zoning dis+rig+sMiRiMYMsetbacks from the base of the wireless SUPPeFt s+r6IGt ire to the property bei Rdary shall he the greater of 201 of the+ewer height or the m red setback All buildiRgsa other StruCtUreS to be IGGatedeR the same ZGRiRg let a a +elecemmU Ricatiop tE)Wer Wireless s or+ FUGWFcshall r--.A-r,ferm Inwi+h the se+haGks establisher!fe.er the zoning district orae_es+shedt� throough the subdivision process whichever is greater. !rl'\ ceee tl�Att-a `"_o. ireleeless telecomm) n'cat'ons supppert str''Gtarre s���n access road tI rn around space apd parking shall he provided to ensure adequate emergepcy and serviee access Maximum use of existing rias whether pi ihlic or private Sl��lt he made to the event practicable d shall at all time d Trtr� F.enStr'zr'GLYl7rro 1a'rpTa s �z-e g�rrve dist rbapoe apd the c6 ++ipg of v egeta+iep d-grades-s#�IIcese} felonpat gyral eRS6IFe rr II R ima; visual dTsturba�ee;�redFee Cleree;eR. (e) Lan&Gaping and IR ffere A Type G LandSGapeBuffershallll beprovided hetInieen the WiFeless sUpport str IGt res anrd its accessory strYct Ire' and adjoining preperty/properties Existing yeeggetatien may he removed only to the extent pecessaFy tea edate the wireless s ort strU Gt gyres egUipmept buildipgs pd s ort str6Ic+6gyres s Uch as guy wires. ptipgs aFGYRd the eOMP96IRd P8FiMeteF, G61ts+de Of aRY(epee nr Lyall shall he c seri entirely of fast g vcgetation g"zucTvrr. New PlaRtiRgs and eXiSt*Rg vegetatieR usedfGF seFeeRiRg sha44 he at least six feet in height o greater at planting M Proposed plantings /name type height) shall he shoinin n thethe \T� �P� �P ^J �T's"T'��P� '9T'TT Landscape Plan for the facility. (VM) LannF Gaappreggshall PFOVide a SGreenn en as year_reunrd basis. /ftp The visibility of the balleen to ad}aseRtPrPertieSand the seT;eanrrdrRg but 's a„ir'd'Gatiop of what loGatinp on the site may he less ally m-cr-av in+n is rre. by draW'Rg hemi it shall effect'Vel y s p from view the base and all related e ept and s+nIGt ares of the p paced facilit" Orange County, North Carolina—Unified Development Ordinance Page 5-82 Article 5: Uses 25 Section 5.10: Standards for Telecommunication Facilities !h,) site plaR shall diGafe a leGa+inn fGr at east two 8q Moment huiidiRgs inllardrdi+inn to that proposed efor a by the applicant All tilities at af�_�acility site sha l pv nst�orl underground and in cnrnpliance with all Laws, ordinances rules and regulations of the County, including specifically, but not lien tend to the National Electrical Safety Code and the National Electrical Code where appropriate 7�All cw r_e_eless support str c�Gta�_c��re�res shall satisfy all applicable public safe lard-ase, orZen, 9,ssues rethis (l Ordinance,ren ncl irl r o esthetics Ianrdscanin Ianrd_use based Iona+inn p ori+ies s+rUct gyral rdesinn setbacks nrd fall /kk) FeRees and malls AR eight feet feRGe nr�Wall shall heeTered a Rd the base of aaY-Fireless supporttrur--fi-lree This fenne n all shall encompass all aGGeSSGFY equipment within the c Ynrd FeRees sisals be required ares, Rdguy,mire tie ,,nWns Afence nr small may be lacer) am nrd the erirrceter of the fa6litc, fin incl irde nU c Wire tie rdncnms rd anassnciaterd equipment shn Jrl the appliGanttzr— c..... to de se /1\ The comms inicatinns ncn,�Tr its str�pct halls,designed s rdrdit��at rr� �s+gned to�� �pert a risers as nrrvc,irderd fnr On Section G 1!1 R/A\!'2\lydl, and the Special LJ f` ce Dermi+or onrditid,d nnal strict a Urd ,al incl es a statement that the ncW,ner of the wireless support stF int ire is milling topermit other er(s) to attach c ca+inn o en+which rdo not interfere with the nprima�ry niirnosep�f+hr ��'AimreleSS sU,,nnort StFFEtre nrocideCthat rs6lh T other users agree +o negotiate a able n a+inn +e the n from s Bch liability as may 1I+from s Uch a++achmen+ rm\ To m pirni-ze the Rum—her of-antenna arrays and thus he visual i�mnaavcT the County may require that dual Meade antennas he used, incl urdinn by tcn,n rdifferent carriers i unless it can he preven that sur--h cn,il notyVerk technolegically and that sur--.h cn,n Jrd h-c,e the effect of prehibitino the prnc,is inn of sep,ice in the County. /e\ +thh-trhTe wireless tions_s� r+ str 6 nrd aRy anrd all (e) Both ss� e•Eei=rn=rrurriEarrvrr �a u aGGeSSE)Fy OF ia+erd +el8comm6mina+inn a en+ anrd related faGilities shall maxirnize the use of building materials cnlers anrd +eXt gyres deSFgnedte b'eR d with the s+r pct re to which it may he affixerd and/or+e harmonize with the natural surroundings, this shall inGlude the Utilization of stealth teGhnology as may be required by the G9URty-. (P) Antennas 1�Allnec� w er Feplacement antennas,eXGept emni_rdirectienal cXhin antennas shall he fl sh_mn inter) er as close to fl ush_mni inter) as 'S te61-ln InniEally sslble GR aRY uGill+c, so long a .ch Anes net have the effect of prehibi+inn the PFeViSiGRof serc,ice+o the intended s Ge area, alene n mbina+inn with anether si+els\ nless the applicant caR e that it is +echnolenicalIy mpraGt'Gab!E,- if attaGhed to a building, all anteanaas_shall b ed GR tl4e fare of the building and camouflaged se as to match the rnlnr and, possible—, texture of the building Gr in a mann so as to n-err-a-r�-ra-nrr u.Tcv make the antennas as visually inners ins is anrd i inrdetectable as is Orange County, North Carolina-Unified Development Ordinance Page 5-83 Article 5: Uses 26 Section 5.10: Standards for Telecommunication Facilities tf �,.,,hh pessible n n the fonts and n mstannes in ,nlyed (q) L9' T tmi g 0) The wireless support Str c�Gt.ures will not be artificially lighted unless regi fired 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 he the preferred chnce li if lightingis legally required or proposed, the applicant a�sha�ll provide a detailed plan for 66 1ffinient lighting of as ebtrusn,e and inoffensive a effect a is permosseblie under State and federal regulations. Cera y facility for"„Minh lighting is required U oder the CANS regu dations or that fer aRy n has lights attached all c inh lighting shall he affi.,ed a.,ith tenhnnlegy that e ables the light to he seen as intended from the air, but that prevents the ground scatter ef��_�fer_rect so that it not able to he sseenfrom the ground to as height of at least 17 degrees vertical for a distance of at least epe ml�in a la le�� ter�� e��at�n C ch device m� et�hce compliant with nr not in conflict vVith CAA regi dations A physical shield may he used, as long as the light is visible from the air, as in+ended by the CAA the (L tdeer Lighting Standards set forth in Centlen a; 11 of this QFdiRaRG8. lr) The tn\.,er and antenna Wall net result in a signifina nt adverse imP ant nn \ �. the view of or from a , hTi rip sSotl:, srerniir, rovad,er �rajer VW nGeerrideor. (S) FaGi Ries, inGlUdingantennas, to.Vers an Tsuppertingg StRA Gtu-zS, suchaas guy anchor points andwires, shall he made inaccessihle to .nd-PAd,-als and cnnstr rted or shielded ich a manner that they cannot be climbed nr collided with•' and transmitters and s telecommunicationcontrol points shall be installed in a manner that they are readily annessibde eply+n P ai therized to eperate or service them. MA det8FMiRatiGR shall be made that the f Cl•+„ d +e_eqWipMeRt Will cemply with all federal state and Innal e eats nd the statement that the facility and its a ent .,ill n Ply with all federal state and Innal eMiSSieR requiFeMeRtS. !Y,) EleGtr�a_�AagnetlG RR-AdiuatEA-A I-e`velS The Cpa�.p li aat_U Use Permit or G enditionaai_DiStFiGt a�appprFeyaa,rl S.h.e7T i nchYde a condition that the electro_magnetic radiation levels ' ntain cnmPliance with requirements of the FGG regarding �,cdvricrrrciTc , rarrrg em.ssinn of electromagnetic radiation WithiR 30 day f installation of en.�ipmeRt GR the tewer,and Prl �r-w--aQyS-0rrrTv aurtcmvrrvrca�a rprrr rrcrrc-cwr the future, the tna.,er GWReF shall provide dnn6 omenta+inn of emission Iea,els in rela+inn +n C!"`!'` standards addition th St •de dneemeeta�no.fr tea,-re�e�er�Tef�;,a �r�;ac-Qo emossion lea,els a.,ithin five working days if se regi jested by Orange Coup*. OV) Orange Count may make SUGh requests at any crme, not toy Orange County, North Carolina—Unified Development Ordinance Page 5-84 Article 5: Uses 27 Section 5.10: Standards for Telecommunication Facilities exceed two times per year. "High Voltage" "NeTrespassang" nd Other signs ihig h voltage is for the operation of the telecomm n'cat'ons tower or any accessArystrzrctures, "HIGH VOLTAGE _ DANGER"warning signs shall he permanently attached to the fence or wall and shall he spaced no more than nn fee !i "NO TRESPASSING" warning sigTs shall b er" N"rmanent7 attaa"edto the feRee OF Wall and shall hes ped n e+hag 40 feel rii\ The Iettersfnrrthe "HIGH QI TAGS_ DANGER" and "Nn TRESRA S NG"warniRg sigRS shall he at least six nches in height. two,n g SigRS may be GGmb* Ted i to igipi The WaFRiRg SigRS shall he installed at least five fee, aho�ye+he finished grade of the feRGE.- The �n,a rn'ng �.jp_n�m?y be a.ttaGh_hedd tofr_�.�eestond'ngg poles t_i h.ce landscaping Signs noting federal reg'strat'nn (if required) shall he attached to the tOWer str ct ,re 'n cnmpl'ance with federal regulation' (V) FaGilitieS shall GGRtn iR a sign RE) larger+h, aR fnoar SUaFe feet-to provide adeqUate RGtifiGatiGR to PerSORS OR the immediate area e the presence of RIF radia+inn er to control evens,ire to RC /"i\ larger than four n+aining the Raame/s\ r,f r°1T �„mv-r�rg liar feet e��,g�n cCvTvT the eWRer/s\ and operator/s\ of the antepna/s\ as well as emergency phone number(s) shall be installed. Tht-z sign sell he on the equipment shelter or nahinet of the applican"tand he wisihle from the acceSS n��the_site_anddmmiIstt identify the equipment n\n,ner of the shelter or cabinet (vii) On tower ian FCC registrationsign, a pplicahle Es-arse to �Tsites, � + � � + hall t bel' hted lees -�r p"Ga � bei,=esen . T�i�si�„s-sip ;g,,� �,�,� �PP'T FYIe OF i fila+inn requires lighting (viiia) The of aRy portion of a tnWeF fGF SfgRS eF adyertisiRg purposes iRGlUIdiRg C-Ampa„yname, banners streamers etn shall he strictly prohibited. . OX)T bile n immobile + + di rt f a � e��Rer� ase �rrt.,reet support tower-facility shall net be stored or parte�1 oe the c'+�,ticer-vf the telecomm n'cat'on tower, finless repairs to the tower are being mad( 1 R� `5fnrm !_ anne „arnn4ppe `��(a) Thapplicant and/er the Awner of record of a telecnmmy n'cat'nn support StFUGtUre shall, t their e�;�ense, eci rte and file with the CG Pty a , -i�-�,T Performance Guarantee e g the faithful performance of the terms and eo„dt;o,TS ef t"RSSest'E)R, SestOGR(s) 2.27and 6.22 of this Qi-diRaRGe and applicable copdi+ions of an" Special Use Permit n GeRditiGRal DiGtriGt appreval. This guarantee shall l iRG'w tests for the remeval of a telecnmmllnlca+inns nr+ s+n,cfiire that has n ed being used c 'stent with Qec+inn G 1!1 O of this nrdinapce (bb) The fi ill arnoarrnt of theG iarantee shall remain in f ill feroe and effect throughout the term of the Special Use Permit or Gonditinnal Orange County, North Carolina—Unified Development Ordinance Page 5-85 Article 5: Uses 28 Section 5.10: Standards for Telecommunication Facilities Diotrigt approval and/Er 61nfil a site res+era+inn is GeMple+ed to restere the site to a pnditinn o rahle to that, whish existed prier to the issuance of the original Special Use Permit or Condifnnal district approval. (6) Liability insurance `a) A holder of a Special Use Permit or Conditional D istriGtannrn"�.oa.l_for a wirreleleersupport structure shell secure and at all times maintain n hk liabbilityinsuran�nce for_personalinjuries, death and property damage and umbrella GE)"Veraa.gge for the d,gra+inn of the Cn al Use Permit C E)M reFG''eal G I l . tain eF�eFar- C�YeF1,,�peF88 �S�de and preperty damage: $1 1000,000 PeF GGGYrreRGe/$2,000,000 aggregate; anv AwtemGbHe Coverage: $1,000,000.00 per GGGWFFeRGe $2,000,000 aggregate; and A$3,000,000 Umbrella GGVerag8; and (b) Far a wnalcireless SLAPPOrt etFLAGt re en County p�repeeTty, the Gemmeroial General Liability insi iranne pnliov shall sperifigolly name the Ge inty as an ad-d- n-na�Tmn�S-Uren�_. �ernsra�anGe nes sh-A."N9 issued an ant o en+a+iye of an in Y GGM " "GeRsed to do h,,siness in the State and with a Best's rating of at least n (s) The!nsa ansae p0liEies shall GGRtaiR aR eRdEwsemeRtr bl;gat+ng the IRSYranoe o "to f ire%sh the CG Rty with at least 30 days prioF \A/Yltten no+ige in ad"ange e of+ho l i galla+inn of the incrange (d) Renewal Or FePlaGement PGliGiP-I.; AX shall be delivered te the (tee, my at least 15 days before the expiration of the ins, ranoe that s oh pnliries are to renew or replaoe (e)gofOFe7onnStrUotin permitted faGilityiSinitiated' but ht in nn oase late r than 15 days prier to the grapt of the h idding permitthe holder of the Qpeoial I Ice Permit nr(�nnditinnal Distriot approval shall deliver to the CG m+v a GGPY of eagh of the noldoies OF ertifioa+es r en+ing the R seFaRee „-the required; aMOURtS. TGeF#;'fi eato of I�nseraReethat rs+a te s the GeUnt„ shall Ret he deemed +e o nh,with this Qegtien (G) General Building and InspeGtion Standards for all TelecommuniGation Support Ce-a 0) Tower;^spection !a'1 �leonmm, n oat nn tAwpr nwnpre �;h;;'' c;--hmir�tra reperrt totheCounty Inspertinns division oertifv'ng stri rt ral and eleotrioal integrity pen completien of the initial GenStFWGtien and at intervals as speGified OR this Carson /hTo-)l-nSPeGtOGR re6AFa shall h ep+tbythe tGW er and made available S-.�9,rpe�4 �,�-�-rPel"�T upon request+e the Inoneg+inns division d6 ging regular Jar husiness hours. (s)The fGJe g i}spestiE)R sshedleshk Ie fel�wed, eXeep; OR eases .,here a tower has n s+n lGt gyres other than these a 'aced with +elegomm61niga+ion +eWer a Ieoa+ed ,.,:thin the tower's fall Z At least-0nGe every 36MGRths, er 36 mon+hs Prem the date of a gnllnoat nn approval a stru Gt irol engineer who is regularly ..n.yolyPd rFl trh p MAiAtPAAAGe, 'nspeotien and/nr erentien of Orange County, North Carolina—Unified Development Ordinance Page 5-86 Article 5: Uses 29 Section 5.10: Standards for Telecommunication Facilities telecemm61nications tE)Wers shall in est the tower and submit a report to the Insnentinns division within a reaSGRable time thereafter. At m'nimar_��m this .inspection shall he conducted 'n accordance with the provisions of this Ordinance and 'n accordance with the tower inspections check I'st provided On the EIA 222 !as amended from time to time). This is considered a m a'nr 'ns pect'on review !i At least once every 12 months, ate-v.rvisuaui_inspccction from the grey end shall he nend6 inter) by a properly trained staff member of a tower p eider or teWer cense 1Itant and a repGrt shall he filed with the Inspections division within a reaSGRable time thereafter. This ORSPestGR shal�^rG'ude but shall net he limited to visual inspection of tewer feYndatinns stFUGWs guys, rad G6rnrnrestinrs ReeGf eettrelement OF later m ent• soil ernsinn• con d't'nn of paint or galvanizing; rust or corrosion Inose or missing bolts Inose or corroded lightning protection ' cnnnectnrs• tower plimhness significant Var'at'nn 'n guy sags !i a tensions\ and other material areas er matters relating to the stf cfi raintegrityof the tower This is considered A minor i nspectien review ri SIRaddaddot"e regularly SGheduledmajor and MiRGF inspentiens set forth herein a MiROF ectinn at a will he cend6.cted if the tower er its a Urtenances a noted at shall he crnd�acted if the vy sable damage to the tewer is significant or when after cnndUcting a minor inspection C 7 lg�ifica questions rpmain Ahn,-t the str�pct ral integrity of the "�tn�"fie r. rdThe IRSPectvtro.�_nns Dd i nn m?=condi ct periodic 'nen c ref t€leGOMnnuli,catiORS tOWeFg- ensju e elestrisal in`tlegrrit`y ewner of the telecnmmi n'cafnn tower may he required by the County to have more freq lent inspentiens sheu ld there he reason to believe that the elestrieal;Rtegfty ef the tower is jeopardized. The GOURty FeSeNe�t� right ter additional in ections if there isyidence that the tewer has a safety problem o is exposed to extraerdinany renditions (e) ARY tev+Eer iRSPeGtiGR by the o WneF or by aRSPeGtf0" of the compliance within 180 days shall her eyed at the a xpense lf) urrent er former E.I.A. t sA-ndaarrdd-s shall apply tn th�aradd'ti8n of antennas er ether app urtenances to comm m'caf ons towers under the fellnw'ng conditions• !,1�Odd nt.es tA- ttn�riers�nnStFUGted prier to the effective date of this Qrd'RaRGe, regardless of whether the additions a aGGG6IRted fer in then al design shall n ply with then ent CIA standards and the W. rad leading Specified therein Additions to tewers c RS4 Icted subseq gent to the effective date of this Qrd'RaRGe shall c my with standards set forth elsewhere ip this €xiSti g towers that will not have any additional attached- appy rtenances comply with the FIA standards 'n existence at the tome the tower was erected Replacement of aRtennas or other appurtenances shalcrll_aat-a minimum comply with the CIA standard OR existence at the tome the tower was erected Of the replacement does not add to the Orange County, North Carolina—Unified Development Ordinance Page 5-87 Article 5: Uses 30 Section 5.10: Standards for Telecommunication Facilities nrigipal design leadiRg If a s+rU G gyral a alysis shews a tE)Wer is pot OR pliapce 7T° the appropriate FIA standards the owner shall submit an application to the Inspections Division with a plan to bring the tower into compliance within six months Analysis of Existing Towers a Within 12 months of the effective dote of this Ordnance an analysis commissioned by tower owners and prepared by a NeFth Garolipa I is ed professional €Rgiaeer(P.E. ARalys+s) shall be performed GR all +oWers OR eXGeSS of 100 feet OR height and shall he omitted to the Ipspectiops Diyisiop b. The a alt's+s shalldeter ethe tOWer's GE)rnpliaRGeGF Zack thereof with the CIA standard OR offer+at the ti.- the to\A/eY WAS; cnnstr' cted and When the mnst recent str cfi ral loading change was made E Cor all towers less than sox /ears old a cU rrent existin P.E. analysis of the tower may hesubmitted On lie of the ne�.v P. €_ -analysis required above d, lI-f�.t-�hiz,tl WRr does }not meet the aforementioned GIA staRCfL rds, the letteF OF eXi P.E. ly shall Steri f� i�ncaryS+S to bFiRg the tower up to Standard. 's+iRg tGW8♦S shall he �r Gt+n the I e. e�+ m� „-per ��� � electrical ip ec+inn con('-c+ed by the Inspections DiVisiop ipc161dipg aRy ia+ed ip ec+inn fees f. Thee lnSpeGtienc�vTcPn mall he nntif0ed in ;n/riting when a required nnalySrs iS GOMplete. A copy of the analysis report shall he made aya0lahle to the County Inspections Divisien upon request. That report shall also give details of the net result of any changes made to the tn\e,(Qr Ar its appyrtenances since the last inspection (D) Fees 0) Afi� fee as set by the Beard of('n ip+y shall be pais-pa-ra-upoem Permit a plication a CE)Rdi+inpal District or Special Use permit (2) AR ORSPeGtOGR f8e is due the GGYRty at the time of all required futuFe iRSPeGti()RS a a0.1 ced�n/ithip Ces.ctinn 5.1 08(G)(1)/c\�s Ord'nanre 2--chfeesmL reflect the County's fully allocated costs and shall not exceed sw ch costs (3) P,---h'4r-- land- or right ef way lease agreements ;h;;" he established by separate instn iment and recorded prior to the 'ss lance of R,d1ding permits (4) Consultant Fee. Regardless of the type of teleGernmyniGatiGR SUPPArt qtr'Ir-Al-re prepesed (i.e. admipis+ra+iye appFeyal special 6ISe mi+ collnca+inn a+c pplican+ is required +o si 1hmit a fee to c r the GG Rty'S+elecnmmi Rica+inns seRSUltaRt tGTeyiew the app"Gat'GRr—Ara essfew aGG9 Ir,+of ar, a p+ fee SGhedulo shall he paid by check to lira a (`o Rty+o pay associa+ed sAnsel,taRtTeview fees de;�'�; phase f is o, the app"GatiOR reVaeW ProeesS. The -Rn--;;rd- of County (`nmmissieners shall determine the amni int of charges or fees assessed to an applicant nn acro A of a ni its ide cnnswItant in ad„a pre and i ncnrperate these charges and fees into an application fee that is -based on the Orange County, North Carolina—Unified Development Ordinance Page 5-88 Article 5: Uses 31 Section 5.10: Standards for Telecommunication Facilities reaseRable Gest f the s s the CO Rty ORGUFS ection with the appliGatieR review. The fees and Gharges paid by the appliGant feF the8e, ees of a consultant shall not exceed what is usual and customary for wireless a 'li�rit.feies anted support structures. The fob-oreg9 nTRg does not prohibit the County from imposing additional reasonable cost based fees for the ar-tual costs incurred by the County for a consultant's review of an application due to amendments or revisions to to_the original application The amount of the consultant charges 0 Rcorporated onto the applic-ation fee shall be separately identified and disclosed to the appliGaRt LIPeRrequest. Aft anased funds ORthe eseYRt after either the approval of the Gertificate of llccUpancY (GO) or the expiration of the Special Use Permit approval, eerr whiGhey -''r8-8 shall he rets goer` to the d8Signoted part 5.10.9 Removal of Wireless Support etruGtures and raGilities (B) County Determination Under the fe"E)WORg GOFGYmstaRMS, the CGURty may determine that the health, safety, and welfare interests of the GG Hnty warrant and require facility remo�ial• /i)Fac'I�ctiesthat hwye heen abandoned ( .not Qsed-aasfaGilities)f�peried exceeding 90 cnnser.utiye days er a total of 180 days in any 365 day period eXGept fpr nder—a Qi ser by fOFGe maiei ire -or Ar--tis of God in which G------, OF remnyal shall commence within 90 days of ahanitnnment• (2) PerMitted fadlitieS fall iRtE) SUGh a state ef disrepair that it Greates a health G.r safety hazard• , er modified without first ebta'RiRger OR Rot autherized by, the required Use Qpecial se Dermit or('onditional, district a preyal or aRY other necessary autherizatien and the dGVelonment appreval may be reveked. (C) if the County makes suGh a determination as neted above, then the County shall netify shall he Yemo\/ed -;;nd- re.m.eve at from the site te a la�.A.ffiul within ten days, then the County may take steps te der--lare the far--ility abandoned, and sell thern and theiF GOMpenents. (G) Temperary Use Permit/AgreemepA a temporary use PeFmit/agreement fpr the facility, fpr n e than 90 days during wh'Gh tome the holder of the deVelGPMeRt appFeval shall devele" citable plan fpr fadlity r gal c RVersion e_locatinn lbiect to the GeUnty shall a cute a agFeeMeRt to s Bch plan Orange County, North Carolina-Unified Development Ordinance Page 5-89 Article 5: Uses 32 Section 5.10: Standards for Telecommunication Facilities f2 If SYCh Ian i t rdeyeleped ed .t "eGuted wit e 90 rday k: e r �*an�s-n�-�� y -a;�� �y-�r�� peried +hon the Gey Rty may take pessessiOR of anrt rdisnese of the affented facility in the manner p.nrrlerd in this Ser-tion and utilize the Derfermanoe Guarantee. aa.�_�.te_ntee 5 10 10 Ham Radio Antenna (A) Standards of Evaluation (1)Shall l be for the private y,use of property owner on which theare located. �Shall not exceed 90 ftheightt.. (3) Minimum setbacks frorn the base of the antenna to the property boundary shall he equal to 1100% of the tower height 5.10.1 Purpose and Intent (A) This section establishes general standards for the siting of wireless telecommunications facilities that will provide for the public health, safety, and welfare. The terms "wireless support structure" and "tower" are synonymous. The provisions of this section are specifically intended to: (1) Protect residential areas and uses from potential adverse impacts of wireless communications facilities, and generally encourage these facilities in areas where adverse impacts on the community are minimal; (2) Encourage the placement of wireless telecommunications facilities in non- residential areas; (3) Minimize the number of new major telecommunications towers (wireless support structures); (4) Create conditions where wireless telecommunications service providers are able to provide wireless telecommunications services effectively and efficiently in accordance with State and Federal law, (5) Minimize the number of new telecommunications towers throughout the County by encouraging the joint use or collocation of new and existing wireless telecommunications facilities; and (6) Establish collocation and concealed towers as the preferred options for the accommodation of wireless telecommunications equipment. (B) Policy of Orange County It is the policy of Orange County that new wireless telecommunications facilities and/or substantial modifications to existing telecommunications facilities be located in the following prioritized order: (1) Collocations on any existing wireless support structure provided that the height of the structure is not increased. (2) New wireless support structures located on state or local government real properties owned or leased by Orange County, municipalities, EMS, Public Safety, public utility authorities as defined in N.C. General Statutes Chapter 162A, (e.g., OWASA and Orange Alamance Water), and Institutions of higher public education and research (e.g. UNC, Duke, Duke Forest Durham Technical Community College); (3) Properties in areas zoned for commercial, economic development, or industrial use. (4) Properties in areas zoned Agricultural Residential (AR), Rural Residential (R-1), or Rural Buffer(RB); and Orange County, North Carolina-Unified Development Ordinance Page 5-90 Article 5: Uses 33 Section 5.10: Standards for Telecommunication Facilities (5) Properties in areas zoned for denser residential use. (C) Exemptions The standards in this section shall apply to all wireless telecommunications facilities except for the following, which are exempted from these standards but remain subject to all other applicable standards in this Ordinance: (1) Removal of antennas, wireless support structures, or wireless telecommunications equipment on an existing telecommunications tower, utility pole, vertical projection, or equipment compound, where the device or structure is not replaced; (2) The operation of a small wireless facilitV solely within or inside an open structure, (e.g. an athletic stadium); (3) Per 47 CFR 1.4000 and FCC Order 98-273 non-commercial uses of dish antennas, satellite earth stations, noncommercial receive-only TV or radio antennas Dish antenna/satellite earth stations may be no more than one (1) meter (39.37 inches) in diameter and not greater than 35 feet above ground level. (4) County or other government-owned wireless communications; and (5) Upon the declaration of a state of emergency by U.S. or N.C. State government(s), temporary, commercial wireless communications facilities may receive temporary use permits under section 5.10.11. (D) Wireless telecommunications facilities subject to this section The following use types and configurations are considered to be wireless telecommunications facilities, and land uses subject to these requirements: Type of Approval Type of Wireless Telecommunications Facility Administrative New, replacement, and substantial modifications of telecommunication towers up to 74 feet in heiqht Administrative Stealth or concealed telecommunication towers, antennae, or wireless telecommunications equipment up to 74 feet in height Administrative Collocations of antennae and associated equipment on existing towers, buildings, or other vertical projections that are not substantial modifications Administrative The installation of small / micro wireless telecommunications facilities On government properties New, replacement, and substantial modifications -Administrative; of major telecommunication towers between 75 On non-government and 214 feet in height owned properties - Special Use Permit (SUP) SUP New, replacement, and substantial modifications of major telecommunication towers of 215 feet in height or taller Orange County, North Carolina—Unified Development Ordinance Page 5-91 Article 5: Uses 34 Section 5.10: Standards for Telecommunication Facilities 5.10.2 Standards and Submittal Requirements for all new Wireless Support Structures and Substantial Modification The following requirements shall apply to all new wireless telecommunications facilities, substantial modifications and any modifications to an existing wireless telecommunications facilitV that exceeds the scope of routine maintenance. (A) Applicant Statements Signed statement(s)from the applicant and owner of the wireless support structure certifying that the proposed telecommunication support structure: (1) Shall be maintained in a safe manner; (2) Is in compliance with all conditions of all applicable permits and authorizations without exception; and (3) Is in compliance with all applicable and permissible local, State, and Federal rules and regulations. U A detailed description of the proposed wireless support structure (e.g., monopole, self- supporting lattice, or other.), including a detailed narrative description of the specific objective(s)for the new facility with a description regarding coverage and/or capacity within the geographic area of intended coverage for the proposed wireless support structure, and how the proposed tower will minimize its visibility to properties in the area; and (C) A statement by a N.C. Professional Engineer that certifies the tower's compliance with applicable N.C. State Building Codes regarding the tower's capacity to safely carry the number and type of antennas proposed. FOR NEW WIRELESS SUPPORT STRUCTURES ONLY, a Fall Zone Analysis will be provided. A N.C. Professional engineer shall submit a sealed document stating the area(s) in which the wireless support structure will fall if the structure fails. (D) All wireless support structures shall have the capacity to permit multiple users. Self- support/lattice orguyed wireless support structures shall accommodate at least three users. (E) A site plan and site plan application meeting Section 2.5. In addition to the requirements of Section 2.5.3, the following additional information shall also be included: (1) Elevations for all proposed structures and descriptions of the color and nature of all exterior material, along with the make, model, and manufacturer of the proposed structure, maximum antenna heights, and power levels; (a) Wireless support structures shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings; { Both wireless support structures 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 maV be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth technology .- (2) All utilities at a facility site shall be installed underground. (3) A map showing the size and location of all existing structures within 1,000 feet of the propertV boundaries where the facilitV is to be installed. (4) A site plan of the wireless support structure showing all of the following: (a) Within or ad'lacent to residential zoning districts, minimum setbacks from the base of the wireless support structure to the property boundary shall be equal to 110% of the wireless support structure height. Orange County, North Carolina—Unified Development Ordinance Page 5-92 Article 5: Uses 35 Section 5.10: Standards for Telecommunication Facilities (b) If the wireless support structure is proposed as an accessory use to a residential use, the setback shall be 110% of the wireless support structure height from any residence or dwelling unit on the subject propertV. (c) Adjacent to non-residential uses or non-residential zoning districts, minimum setbacks from the base of the wireless support structure to the property boundary shall be the greater of 20% of the tower height, or the minimum required setback. (d) All stealth towers, buildings and other structures to be located on the same zoning lot as a wireless support structure shall conform with the setbacks established for the zoning district or as established through the subdivision process, whichever is greater. (5) Landscape Plan. A Landscape Plan meeting the requirements of Section 6.8 is required. (F) A statement evidencing compliance with federal and state regulations. All wireless telecommunication facilities shall comply with or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government that regulates telecommunications facilities. A copy of the FCC license applicable for the intended use of the facility as well as a copy of the 5 and 10- year building out plan required by the FCC is required. In addition to federal requirements, all wireless telecommunication facilities shall comply with or exceed current standards and regulations of N.C. Gen. Stat. M160D-930 through 160D-936. (G) Accessory equipment An Itemization of all accessory equipment, including any buildings, cabinets, or shelters, shall be used only for the purpose of housing wireless telecommunications equipment and other supplies in direct support of the operation of the wireless telecommunications facility. Any equipment or materials not used in direct support of such an operation shall not be stored on the site. (H) Lighting Plan A lighting Plan in accordance with section 6.11 is required with the following additional prevailing standard: (1) Lighting of a wireless support structure is limited to that required for compliance with FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and duration. FAA-required lighting shall be designed so that it is not visible from the ground, to the extent permitted by FAA regulations. (1) Signage. "High Voltage," "No Trespassing" and Other Signs (1) If high voltage is necessary for the operation of the telecommunications facility 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 40 feet apart. (2) The warning signs may be attached to freestanding poles if the content of the signs would, or could, be obstructed by landscaping. Signs noting federal registration (if required) shall be attached to the tower structure in compliance with federal regulation. (3) The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six inches in height. (a) The two warning signs may be combined into one sign. (b) All warning signs shall be installed at least five feet above the finished grade of the fence. Orange County, North Carolina—Unified Development Ordinance Page 5-93 Article 5: Uses 36 Section 5.10: Standards for Telecommunication Facilities (4) Facilities shall contain a sign no larger than four square feet to provide adequate notification to people in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. (5) A sign no larger than four square feet containing the names) of the owner(s) and operator(s) of the antenna(s), as well as emergency phone number(s), shall be installed. The sign shall be on an equipment shelter or cabinet and be visible from the access point of the site. (6) The use of a wireless support structure for signs or advertising purposes including company name, banners, streamers, flags, or other similar devices is strictly prohibited. (J) Retention of expert assistance and reimbursement by applicant The County may hire any consultant and/or expert necessary to assist the County in reviewing and evaluating applications for a wireless telecommunications facility, including the construction and modification of the site. The County consultants/experts shall invoice the County for its services in reviewing the application, including the construction and modification of the site, once permitted. The fees for these services shall be reimbursed by the applicant up to the statutory limits. 5.10.3 Submittal Requirements for all New Wireless Telecommunication Facilities and Substantial Modifications Requiring a Special Use Permit An application meeting the requirements of Sections 2.7, 5.10.2, and this section is required. The application will be processed as any other application for a Special Use Permit (SUP) provided that the standards of this section are met. (A) Procedure for Approval (1) Applications shall be approved according to the following schedule. If a decision is not reached within the allotted period, the application shall be automatically approved. Facility Requested Time to Deem Time to Decision After Total Time to Decide Application Complete Application is Complete ILKsj ldq)fsl tdaysl New Wireless Support 30(10 for re-submittals) 60 90 Structure requiring a Special Use Permit,Site Plan Approval, or a Substantial Modification Collocation 30(10 for re-submittals) 45 75 Small/Micro Wireless 30(10 for re-submittals) 45 75 Facility 5.10.4 Standards and Procedures for Administrative Approvals of Wireless Support Structures, Substantial Modifications, Collocations and Eligible Facility Requests (A) Applicability The following telecommunication facilities may be approved administratively by the County provided that all of the provisions contained in Section 5.10 are met: (1) New stealth telecommunications wireless support structures; Orange County, North Carolina—Unified Development Ordinance Page 5-94 Article 5: Uses 37 Section 5.10: Standards for Telecommunication Facilities (2) Any monopole wireless support structure less than 75 feet in height; (3) Any wireless support structure less than 215 feet in height located on propertV that is owned or leased by (a) Orange County; (b) A voluntary fire organization; (c) An Emergency Service organization; and/or (d) Any other public entity; (4) A wireless support structure less than 215 feet in height on which the owner of such facility permits the County to collocate its wireless facilities on the structure at no charge to the County, at the CountV's request; (5) Small and Micro-Wireless Facilities as defined and regulated bV Section 5.10.8; . (6) Applications for"Eligible Facilities Requests" or collocation on Wireless Support Structures or other structures meeting the following requirements: (a) The proposed additional facilitV will not increase the overall height of the tower bV (i) More than ten percent or; (ii) The height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet; (b) The proposed additional facility will not increase the width of (i) Any appurtenance attached to the tower (wireless support structure) by more than 20 feet or; (ii) More than the width of the tower (wireless support structure by more than the width of the tower at the level of the appurtenance; (c) Existing equipment compounds shall not be increased by more than 2,500 square feet. (d) Twenty-foot tall Wireless Support Structures are permitted on buildings as defined and regulated by Section 5.10.6(D); (e) The proposed additional facility will comply with applicable regulations, restrictions, or conditions, if any, applied to the initial wireless facilities placed on the tower or other wireless support structure; (f) The proposed additional wireless facilities comply with all federal, State, and local safety requirements; (g) All applicants for the collocation of antennas on existing structures shall be required to submit the following; (i) The ape of the existing wireless support structure; (ii) The date of the original permit approval or authorization for the existing wireless support structure; (iii) For a wireless support structure that was built five or more years before the date of an application, or for a guyed structure built three years before an application date, a copy of the latest TIA 222 Report done pursuant to the latest adopted Appendix to ANSI-EIA/TIA 222 for any self-supporting tower. If a TIA 222 report has not been done pursuant to the preceding schedule, a TIA 222 report shall be done and submitted as part of the application. No Building Permit shall be issued for any wireless support structure where the structure being attached to is in Orange County, North Carolina—Unified Development Ordinance Page 5-95 Article 5: Uses 38 Section 5.10: Standards for Telecommunication Facilities need of remediation, unless and until the County Planning and Inspections Department has approved all remediation work needed has been completed and/or a schedule for the remediation work has been approved; and. (iv) A Structural Report signed and sealed by a Professional Engineer showing the structural adequacy of the wireless support structure to accommodate the additional facility and any associated equipment. (7) Notwithstanding the other provisions of Section 5.10, wireless communications facilities in existence as of December 10, 2002, maV be replaced with a new wireless communications facilitV of equal or less visual impact, provided they comply with the minimum standards of Section 5.10. (B) Stealth (1) General Standards (a) To minimize adverse visual impacts stealth towers (wireless support structures) and antennas are preferred. In the alternative, antennas and wireless support structures may be screened. (b) Written narrative justifying that the wireless communications facility meets the definition of a stealth facility. Each application shall contain a rendering or photograph of the antenna (and Wireless Support Structure, if any) including, but not limited to, colors and screening devices. (c) Antennas, including their wireless support structure, shall not exceed 20 feet above the roofline of a building or support structure, water tank, or transmission line. (d) AnV related equipment building shall not exceed 600 square feet of gross floor area per WCF user or exceed 12 feet in height. (e) A signed and sealed statement by a Professional Engineer that an antenna /wireless support structure will not compromise the structural integrity of a building, water tank, or transmission line. (f) If an equipment building is located on the roof of a building, the area of the equipment building shall not occupy more than 25% of the roof area. (2) Setbacks (a) The setback of the primary land use shall apply to freestanding stealth wireless support structures when they are installed on existing structures. (b) For new free standing stealth wireless support structure, the setback shall be the distance required for the use being mimicked. For example, a concealed WTF disguised as a steeple shall be set back the distance required for churches. (C) Collocations on Wireless Support Structure or Building If a non-stealth antenna is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the Planning Director, why the stealth antenna (as defined bV this UDO) cannot be used for the particular application. (1) Wireless support structures shall not exceed 20 feet above the roofline of the sub'ect building or support structure, water tank, or transmission line. The height of the Wireless Support Structure shall be measured from the base of the structure to its highest point. (2) Non-stealth antennas shall only be permitted on buildings or structures that are at least 33 feet tall unless Orange County determines that public safety needs to Orange County, North Carolina—Unified Development Ordinance Page 5-96 Article 5: Uses 39 Section 5.10: Standards for Telecommunication Facilities warrant an antenna on a shorter building. (3) Antennas, wireless support structures , 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. (4) Any related unstaffed equipment building shall not contain more than 600 square feet of gross floor area per service provider or be more than 12 feet in height. (5) If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25% of the roof area and shall comply with all State of North Carolina Building Code requirements for the proposed and existing building;. (6) Current or former Electronic Industries Alliance standards shall apply to the addition of antennas or other appurtenances to communications towers under the following conditions: (a) Additions to towers constructed prior to the effective date of this Ordinance, regardless of whether the additions are accounted for in the original design, shall comply with the current Electronic Industries Alliance standards, and the wind loading specified therein. Additions to towers constructed subsequent to the effective date of this Ordinance shall comply with standards set forth elsewhere in this Section. (b) Existing towers that will not have any additional attached appurtenances shall at a minimum comply with the Electronic Industries Alliance standards in existence at the time the tower was erected. (c) Replacement of antennas or other appurtenances shall at a minimum comply with the Electronic Industries Alliance 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. (D) Monopoles (1) At a minimum, monopole wireless support structures shall be structurally designed to accommodate as many antenna arrays as the tower is designed to carry. (E) Visual Impact Survey Required for New Wireless Support Structures Requiring a Special Use Permit In addition to the requirements of Section 5.10.4, the following information shall be submitted with the application. (1) A Visual Impact Assessment, which shall include: (a) A"Zone of Visibility Map" shall be provided in order to determine locations from which the tower (wireless support structure) may be seen; (b) Panorama photo simulations of the proposed wireless support structure, superimposed on the existing landscape, to scale, showing "before and after" views from public rights of way and/or publicly accessed properties and waters; and (c) A narrative assessment of the visual impact of the communications facility from adjacent properties and streets to determine the need of screening. Orange County, North Carolina—Unified Development Ordinance Page 5-97 Article 5: Uses 40 Section 5.10: Standards for Telecommunication Facilities (F) Procedure All applications for telecommunication facilities that are eligible for administrative approval shall be submitted and reviewed in accordance with the standards of Section 5.10.3 of this Ordinance. (1) A written decision approving or denying an application for administrative approval of a telecommunication facility under this section shall be issued no later than 45 days following the submission of a complete application. (2) If the Planning Director denies the application, the reasons for such a decision shall be stated in writing to the applicant. 5.10.5 Standards and Procedures for Small and Micro-Wireless Facilities (A) An applicant may file a single consolidated application for up to 25 separate small or micro-wireless facilities at one time, but the County may choose to issue separate decisions on one or more of the facilities included within a consolidated application. (B) Timeframe for review Applications for the establishment of a small/micro wireless facility shall be processed and decided within 45 days from the date the application is determined to be complete. Nothing shall prohibit the County and the applicant from mutually agreeing to a longer review period. (1) If an application is denied, the County will send a written explanation of the reasons for denial no later than the date of denial. The applicant may cure the deficiencies and submit the revised application within 30 days of the initial denial. The application will be deemed complete on resubmission if the application materials cure the deficiencies. [See N.C. Gen. Stat. § 160D-933 (d)(3).1 (C) Timing for operation Construction of a small/micro wireless facility shall commence within six (6) months of its approval and the small wireless facility shall be activated for use within one (1) year from the permit issuance date, unless delayed by a lack of commercial power at the site. (D) Maximum equipment size (1) In no instance shall a small or micro wireless facility exceed the following maximum size limitations found in the definition; a small or micro wireless facility that exceeds these maximum size limitations shall be reviewed as a wireless communications facility. (2) Micro wireless facilities shall be no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in heiqht and that has an exterior antenna, if any, no longer than 11 inches. (3) The antenna(s) of small wireless facilities shall be located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than 6 cubic feet. All other wireless equipment associated with the facility shall have a cumulative volume of no more than 28 cubic feet. (a) The following types of ancillary equipment are not included in the calculation of equipment volume, as discussed herein: electric meters, concealment elements, telecommunications demarcation boxes, ground- based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures. Orange County, North Carolina—Unified Development Ordinance Page 5-98 Article 5: Uses 41 Section 5.10: Standards for Telecommunication Facilities (E) Maximum height No new structure intended to support a small wireless facility shall be taller than 50 feet above the adjacent, pre-construction grade. An existing structure (such as a utility pole, light standard, sign, etc.) may be replaced in order to accommodate a small wireless facility, but the replacement structure shall not exceed the height of the original structure being replaced or 50 feet, whichever is taller. In cases where a new structure is installed to serve a small wireless facility exceeds 50 feet in height, the structure shall be reviewed and decided in accordance with the standards for a wireless communications facility, as defined and regulated bV Section 5.10. (1) The antennae or equipment associated with a small wireless facility project shall not exceed ten feet above the height of the structure the small wireless facility is mounted on. In cases where a replacement structure intended to serve a small wireless exceeds the height of the original structure, the replacement structure shall be reviewed and decided in accordance with the standards for a collocation. (F) Placement A small wireless facility, including the support structure and all other equipment, shall not obstruct the safe passage of vehicles, pedestrians, or bicycles. (G) Method of attachment All equipment associated with a small wireless facility shall be fastened to a supporting structure in a manner that minimizes the potential for structural failure, as justified and established in a signed and sealed analysis from a professional engineer. (H) Appearance The portion of a small/micro wireless facility attached to the support structure shall match the color of the support structure, to the maximum extent practicable. In cases where an applicant proposes inclusion of a small / micro wireless facility on a decorative support structure, sign, or other existing structure not constructed solely for the purposes of providing wireless telecommunications services, the County may require the small wireless facility to be configured or concealed to ensure compatibility with the structure as a condition of approval. (1) Electrical service In cases where a small/micro wireless facility is proposed in areas where electrical service is underground, all electrical service to power the small wireless facility shall also be underground. 5.10.6 Cessation (A) A wireless telecommunication facility shall be considered to have ceased operation if the County receives written notice from a wireless services provider that it intends to cease operations at a particular wireless telecommunication facility, or a wireless telecommunications facility ceases to transmit a wireless telecommunications signal for a period of 30 consecutive days or longer. (B) Upon receipt of a written notice from a wireless services provider or upon determination that a wireless communication facility has ceased operation, the County shall forward written documentation of the cessation to the wireless services provider, and the owner of the land, if different. (C) The deadline to remove the wireless support structure shall be 180 days for small /micro wireless facilities. Orange County, North Carolina—Unified Development Ordinance Page 5-99 Article 5: Uses 42 Section 5.10: Standards for Telecommunication Facilities 5.10.7 Abandonment (A) The wireless telecommunications facility shall be deemed abandoned if wireless telecommunications signals do not resume for a period of 180 consecutive days or longer from the date the written documentation of cessation is filed. (B) Upon making a determination that a wireless telecommunications facility has been abandoned, the County shall forward written documentation of the abandonment to the wireless services provider, and the owner of the land, if different. (C) The deadline to remove the wireless support structure shall be 180 days for small /micro wireless facilities. 5.10.8 Removal (A) The County may require the wireless services provider or the owner of the land, if different, to remove an abandoned wireless telecommunications facility within 30 days of the date it is deemed abandoned, according to Section 5.10.9. (B) Should the wireless services provider, or the owner of the land, if different, fail to remove the abandoned telecommunications facility within 30 days of the date that notice of abandonment is filed, the County may remove the wireless telecommunications facility and recover the actual cost of such removal, including legal fees, from the wireless services provider and the owner of the land, if different. The county reserves the right to place a lien upon the property for unrecovered costs associated with the removal of the wireless communication facility. (C) The deadline shall be 180 days for small /micro wireless facilities. 5.10.9 Temporary Use Permits for Wireless Support Structures and Facilities (A) Notwithstanding anything in this Section to the contrary, the County may approve a temporary use permit/agreement for a facility for no more than 90 days, during which time the applicant shall develop a plan for facility removal, conversion to another type of wireless support structure, or relocation. All such modifications to the existing wireless communications facility shall be subject to the approval of the County. (1) EXCEPTION. Upon the declaration of a state of emergency by U.S. or N.C. State government(s), temporary, commercial wireless communications facilities may be granted temporary use permits for multiple 90-day terms. No emergency temporary use permit shall be granted more than 90 days after a state of emergency, or determination of public necessity ends. (B) If such a plan is not developed, approved and executed within the 90-day time period, then the County may take possession of and dispose of the affected facility in the manner provided in this Section and utilize the filed bond or other security. 5.10.10 Ham Radio Antennas (A) Standards of Evaluation (1) Shall be for the non-commercial use of the property owner on which they are located. (2) Shall not exceed 90 ft. in height. (3) Setbacks from the base of the antenna to the property boundary shall be equal to 110% of the tower height. 5.10.11 Non-Conforminq Wireless Telecommunications Facilities See section 8.14. Orange County, North Carolina—Unified Development Ordinance Page 5-100 Article 8: Nonconformities 43 Section 8.14: NONCONFORMING WIRELESS TELECOMMUNICATION FACILITIES (A) Lawfully established wireless telecommunications facilities in operation prior to April 5, 2011, that do not comply with these standards may remain and operate as nonconforming uses. (B) Ordinary and routine maintenance may be performed on a nonconforming wireless telecommunications facility. (C) In the event a nonconforming telecommunications tower is removed, it shall not be replaced with another nonconforming wireless telecommunications tower. Orange County, North Carolina—Unified Development Ordinance Page 8-6 Article 10: Definitions 44 Section 10.1: Definitions c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots- d) Necessitate the installation of drainage improvements which would require easements throug one or more lots to serve other lots; and e) t the option of the applicant, involve vesting of the subdivision for a period greater than e ye Substantial mage Damage of any orig sustained by a structure during any one year period whereby a cost of restoring the structure to its befo -damaged condition would equal or exceed 50% of the rket value of the structure before the dam a occurred. See definition of"substantial improve nt." Substantial damage also means flood-related da ge sustained by a structure on two separate ccasions during aten-year period for which the cost of rep ' s at the time of each such flood event, the average, equals or exceeds 25% of the market value the structure before the damage ccurred. Substantial improvement Any combination of repairs, reconstruction, habilitation, a ition, or other improvement of a structure, taking place during any one year period where the cos f which equals or exceeds 50% of the market value of the structure before the start of construc ' n o he improvement. This term includes structures, which have incurred substantial damage, regardles f the actual repair work performed. The term does not, however, include either: a) Any correction of existing violatio of State or Oran County health, sanitary, or safety code specifications which have been ' entified by the Orang ounty code enforcement official and which are the minimum nec sary to assure safe living co itions, or b) Any alteration of a histori tructure provided that the alterati will not preclude the structure's continued designation s a historic structure and the alteration i pproved by a variance issued pursuant to this Or i ance. Support System A combination of ters, piers, caps, and shims that will, when properly installed, s ort the mobile home. Masonr walls may be installed as a cosmetic feature. Taxide y The p tice of preparing and preserving the skins of animals and of stuffing and mounting them ' lifelike for . Telecommunication Facilities, Accessory Use A use incidental to, subordinate to, and subservient to the principal use of the property. As defined in this section an accessory use is a secondary use. Telecommunication Facilities, Antenna Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. 1 Telecommunication Facilities, ANSIMA-222 Telecommunications Industry Association Standard 222- (or most recent standard) (Structural Standards for Antenna Supporting Structures and Antenna Supporting Structures") and ANSI /TIA-322 Standard ("Loading, Analysis and Design Criteria Related to the Installation, Alteration and Maintenance of Communication Structures."). Standards are accredited by the American National Standards Institute. This definition applies to the most recent standard. Telecommunication Facilities, Applicable Codes 1 G.S. 160D-931(1) Orange County, North Carolina—Unified Development Ordinance Page 10-57 Article 10: Definitions 45 Section 10.1: Definitions The North Carolina. State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with State or County amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons. z Telecommunication Facilities, Applicant Any wireless service provider or wireless support structure owner submitting an application for a wireless facility. Telecommunication Facilities, Application A request submitted by an applicant to Orange County for a permit to collocate wireless facilities or to approve the installation, modification or replacement of a utility pole, or a wireless support structure. 3 A formal request, GORtaiRiRg all ReGeSSary and required dGGUmeRtatiGR, submitted to QraRge GeLiRty te Telecommunication Facilities, Base Station A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics. Telecommunication Facilities, Building Code The most recently adopted or amended edition of the North Carolina State Building Code. Telecommunication Facilities, Building permit An official Orange County administrative authorization issued prior to beginning construction consistent with the provisions of N.C.G.S. 160D-403 and 160D-1110. a Telecommunication Facilities, Collocation The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on existing structures, including utility poles, electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. This term does not include the installation of new utility poles or wireless support structures. 5 v.dreless faGili+ies OR pliaRGe with applicable GE)doo Telecommunication Facilities, Commercial Impracticability or Commercially Impracticable The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a particular financial return on investment or profit, standing alone, and for a single site, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impractical. Telecommunication Facilities, Communications Facility The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.6 z G.S. 160D-931(2) 3 G.S. 160D-931(3) 4 G.S. 160D-931(5) 5 G.S. 160D-931(8) 6 G.S. 160D-931(9) Orange County, North Carolina—Unified Development Ordinance Page 10-58 Article 10: Definitions 46 Section 10.1: Definitions Telecommunication Facilities, Communications Service Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.'- 1) 47 USC § 522 "(6): the term "cable service" means– (A)the one-way transmission to subscribers of(i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;" 2) 47 USC 153(24) See definition of Telecommunications Facilities, Communications Service Provider. 4-)-47 USC § 153 (53) "The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used." Telecommunication Facilities, Communications Service Provider A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. 153(24); telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.$ 1) 47 U.S.C. 522(5) "the term "cable operator" means any person or group of persons (A)who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B)who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. 2) 47 U.S.C. 153 (24) "The term "information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. 3) 47 U.S.C. 153 (51) "The term "telecommunications carrier" means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in section 226 [47 USCS § 2261). A telecommunications carrier shall be treated as a common carrier under this Act f47 USCS §§ 151 et seg.l only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage." Telecommunication Facilities, EIA-222 Electronics Industries Association Standard 222 (Structural Standards for Steel Antenna Wireless support structures and Antenna Support Structures). Telecommunication Facilities, Eligible Facilities Request A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification. Telecommunication Facilities, Equipment Compound An area surrounding or near the base of a wireless support structure within which a wireless facility is located. I G.S. 160D-931(10) 8 G.S. 160D-931(11) Orange County, North Carolina–Unified Development Ordinance Page 10-59 Article 10: Definitions 47 Section 10.1: Definitions Telecommunication Facilities, Equipment enclosure An enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the transmission or reception of wireless communication signals. Telecommunication Facilities, Existing Structure/Building For purposes of this Section, any building or structure that currently exist on a parcel of land. Such structures may include, but shall not be limited to, telecommunications wireless support structures, overhead transmission line support structures, water tanks, silos, churches, schools, and utility poles. Telecommunication Facilities, Extraordinary Conditions Conditions subsequent to a hurricane, flood, tornado, or other natural or other disaster. Telecommunication Facilities, FAA The Federal Aviation Administration or its duly designated and authorized successor agency. Telecommunication Facilities, FCC The Federal Communications Commission or its duly designated and authorized successor agency. Telecommunication Facilities, Fall Zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards. Telecommunication Facilities, Guyed Wireless support structure A telecommunication wireless support structure that is supported, in whole or in part, by guy wires and ground anchors. Telecommunication Facilities, Height When referring to a wireless support structure, the distance measured from the pre-existing grade level to the highest point on the structure, including any antenna or lightening protection device. Telecommunication Facilities, Inspections Division A division of the Orange County Planning and Inspections Department. Telecommunication Facilities, Master Telecommunications Plan ("Plan") A plan developed for Orange County by the County's Planning Department that shows properties where owners have expressed interest in allowing the placement of telecommunications wireless support structures provided that all applicable federal, state, and local regulations are met. Information that may be shown on the plan will include existing wireless support structures, County defined Natural Areas, historic properties, scenic corridors, all major electrical lines, Voluntary Agricultural Districts, existing telecommunication wireless support structures, known bird migratory patterns through the County and all public and quasi-public properties that may allow telecommunication facilities. The Plan will be for purposes of disclosing information to telecommunication providers when they are seeking to establish their telecommunication networks in the County. Telecommunication Facilities, Micro Wireless Facility A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches. Telecommunication Facilities, Microwave dish antenna A dish-like antenna used to link wireless service sites together by wireless transmission of voice or data. Telecommunication Facilities, Modification or Modify The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility or support structure, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials or any visually discernable components, vehicular access, parking and/or an upgrade or change-out of equipment for better or more modern equipment that Orange County, North Carolina—Unified Development Ordinance Page 10-60 Article 10: Definitions 48 Section 10.1: Definitions is not a Substantial Modification. Adding a new wireless carrier or service provider to a wireless support structure as a collocation is a modification. The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility or support structure, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials or any visually discernable components, vehicula access, parking and/or an upgrade or change out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a wireless support structure as a collocation is a mo difocat'nn Telecommunication Facilities, Monopole Wireless support structure A wireless support structure consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors. A telecommunication wireless support structure consisting of a single pole or spore self supported by a permanent foundation, constructed without guy wires and ground anchors N Telecommunication Facilities, Necessary What is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service as intended and described in the application. Telecommunication Facilities, NIER Non-Ionizing Electromagnetic Radiation. Telecommunication Facilities, 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. Telecommunication Facilities, Personal Wireless Services (PWS) or Personal Telecommunications Service (PTS) As defined and used in the 1996 Telecommunications Act. Telecommunication Facilities, Routine Maintenance Activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with wireless facilities of the same size. Telecommunication Facilities, Repairs and maintenance The replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted, but does not constitute a modification to a wireless facility or support structure. Telecommunication Facilities, Roofline The overall ridgeline of the structure, not including cupolas, elevator towers, clock towers or other similar features. Telecommunication Facilities, Search ring The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.9 The area w thiR whiGh a wireless SUPPOrt StFUGtWe must be located OR order to meet serviGe GbjeGtiVeS 0 the wireless p. 61SiRg the wireless faGility or wireless SUPPOPt StF61Gt_1 Telecommunication Facilities, Self-Support/Lattice Wireless support structure 9 G.S. 160D-931(17) Orange County, North Carolina—Unified Development Ordinance Page 10-61 Article 10: Definitions 49 Section 10.1: Definitions A tapered structure broad at the base and narrower at the top consisting of cross-members and diagonal bracing and without guyed support. Telecommunication Facilities, Small Wireless Facility A wireless facility that meets the following qualifications: a. Each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than 6 cubic feet. b. All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For the purposes of this sub-subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.1-0 Telecommunication Facilities, Stealth Any antenna or wireless support structure that is camouflaged, screened or concealed to look like something else (e.g., man-made trees, clock towers, bell steeples, light poles, water towers and similar alternative design) so that the purpose of the antenna or wireless support structure is not readily apparent to a casual observer. Screened antennas and wireless support structures meet this definition. Telecommunication Facilities, Stealth or Stealth Technology A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless support structures, which shall mean building the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. Stealth technology includes such technology as Distributed Antenna System (DAS)or its functional equivalent or camouflage where the structure is disguised to make it less visually obtrusive and not recognized to the average person as a wireless support structure. Telecommunication Facilities, Substantial Modification The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The burden is on Orange County to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the following criteria: a. Increasing the existing vertical height of the structure by the greater of(i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. b. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of(i) more than 20 feet or(ii) more than the width of the wireless support structure at the level of the appurtenance. c. Increasing the square footage of the existing equipment compound by more than 2,500 square feet.L1 the physical dimensions of the c mnort StrUof ro Telecommunication Facilities, Telecommunication Equipment 10 G.S. 160D-931 (18) 11 G.S. 160D-931 (19) Orange County, North Carolina—Unified Development Ordinance Page 10-62 Article 10: Definitions 50 Section 10.1: Definitions 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. Telecommunication Facilities, Utility pole A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.l? A StFUGtUre that is desigRed for and used tG GaFFY IiRes, Gables, or wires for telephORe, Gable televisiOR, 0 e!eGtF*Gwt" „r to provide lightiRg Telecommunication Facilities, Unforeseen Events Condemnations of existing telecommunications wireless support structures for road projects, casualty of existing telecommunications wireless support structures, blocking of signals from new construction necessitating a relocation of a telecommunication wireless support structure, or the need to replace an existing telecommunication wireless support structure for capacity issues, or for other reasons deemed necessary by the County Planning Director or his/her designee. Telecommunication Facilities, Water Tower A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.13 Telecommunication Facilities, Whip Antenna A cylindrical antenna that transmits and/or receives signals in 360 degrees. Telecommunication Facilities, Wireless facility Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following: a. The structure or improvements on, under, within, or adjacent to which the equipment is collocated. b. Wireline backhaul facilities. c. Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.l4 tower, iRGIudiRg aRteRRas, traRSFnitters, reGeivers base stations, power supplies, GabliRg, and aSSGGiated geegrap"Re area. This may arse a o Wireless FaGil, e�- erred s--aTerser�,r�,ss�-ate„ Telecommunication Facilities, Wireless facility Stealth A wireless support structure designed using stealth technology such that its primary purpose is, or visually appears to be, something other than the support of telecommunications equipment, the apparent purpose of the wireless support structure is customarily considered as accessory to a use that is allowed in the zoning district, and the structure and its primary use comply with this Ordinance. Telecommunication Facilities, Wireless Infrastructure Provider Any person with a certificate to provide telecommunications service in the State who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.l5 11 G.S. 160D-931 (20) 13 G.S. 160D-931 (21) 14 G.S. 160D-931 (22) 11 G.S. 1601)-931 (23) Orange County, North Carolina—Unified Development Ordinance Page 10-63 Article 10: Definitions 51 Section 10.1: Definitions Telecommunication Facilities, Wireless Provider A wireless infrastructure provider or a wireless services provider. 16 Telecommunication Facilities, Wireless support structure A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole is not a wireless support structure. elecommunication Facilities, Wireless Telecommunications Facility (WTF), In ludes both Telecommunications Site and Personal Wireless Facility A str ture, facility or location designed, or intended to be used as, or used to support antennas or o er transm ing or receiving devises. This includes without limit wireless support structures of all type , kinds and struc res, including, but not limited to buildings, church steeples, silos, water towers, signs r other structures t t can be used as a support structure for antennas or the functional equivalent of ch. If further includ all related facilities and equipment such as cabling, equipment shelters and her structuresassn . ted with the facility. It is a structure and facility intended for transmittin nd/or receiving radio, to vision, cellular, SMR, paging, 911, personal communications servic (PCS), commercial satellite rvices, microwave services, and any commercial wireless tele mmunication service not licensed b he FCC. Temporary Custodia are Unit A transportable residential str ture facilitating a caregiver's provision of sh or long term care for a mentally or physically impaired rson that is primarily assembled offsite, as no more than 1,000 gross square feet, and complies with ap 'cable standards of the North Caroli State Building Code and/or Department of Housing and Urban velopment(HUD). Temporary c stodial care units shall not be installed on a permanent foundation a shall be classified as an a essory use to an single family detached dwelling unit. Includes mobile h mes and temporary he th care structures. Temporary Residential Mobile Hom A mobile home, intended for residential use for imited p iod of time, for purposes of providing temporary residential space during the installation f a r lacement mobile home or construction of a stick-built or modular residential unit on the same lot, d for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The temporary o 'le home is not attached to a permanent or semi- permanent foundation. Temporary Residential Unit A residential unit occupied for no more th 180 days and conn ted to temporary utility services. The term includes recreational vehicles, trav trailers, recreational par trailers, FEMA trailers, etc. Temporary Use Building A building, not intended for resid tial use, consisting of one or more mo les constructed off the ultimate site of use. The building is als not attached to a permanent or semi-perma ent foundation. Ten-Year Transition and Land designated in the omprehensive Plan as being located in areas that are in t process of changing from rural to urban de sities and/or intensities, that are suitable for higher densities a /or intensities and could be provided i h public utilities and services within the first 10-year phase of the mprehensive Plan update or w ere such utilities and services are already present or planned. Non-rest ential uses implemented i ccordance with small area plans and/or overlay districts may be appropriat Textile Ills Land us s involved with the transformation of a basic fiber, natural or synthetic, into a final product hich is furt r manufactured into usable items off-site. eater 16 G.S. 160D-931 (24) Orange County, North Carolina—Unified Development Ordinance Page 10-64 Article 10: Definitions 52 Section 10.1: Definitions enty-Year Transition Land Land ignated in the Comprehensive Plan as being located in areas that are in the process of anging from rural rban, that are suitable for urban-type densities and should be provided with p c utilities and services wi ' the second 10-year phase of the Comprehensive Plan. Upward In the context of outdoor lighting, e projection of light above the hori al plane. Urban Designated Land that is located within a Transition Area as i ti f' in the Land Use Element of the Comprehensive Plan and also within a Primary Service Area as ne the Water and Sewer Management Planning and the Boundary Agreement and Map ado d December 001 and as either may be amended from time to time. Utility Lines and Line uipment The local distribution em of public utilities and community systems which inc electricity, telephone, water wage disposal, and cable television. These systems are for loca ' tribution of services an re not intended to be used for transmission or as trunk lines for utilities. Dis ' tion syste or electrical system shall not exceed 45,000 volts; the distribution system for liquids or ses a ose operating at pressure of less than 100 pounds per square inch. Utility, Public Public and private utilities furnishing electrical power, sewage collection and treatment, water treatment and distribution, natural gas, wired and wireless telecommunications as defined in N.C. Gen. Stat. § 62- 3(23) a.1, 2, 5, 6, except that electric or telephone membership corporations are defined as public utilities. Variance elaxation of the literal terms of this Ordinance where such variance will not be contrary to the publi inte t and, where, owing to conditions peculiar to the property and not the result of actions or the situatio f the applicant, a literal enforcement of the Ordinance would result in unnecessary a undue hardship. ariance is authorized only for the dimensional controls of this Ordinance; esta shment or expansion of a e otherwise prohibited shall not be permitted by a variance. Variance, Minor, to Watershed Management A variance from the minim statewide water supply watershed protection r s that results in a relaxation by a factor of up to % of any management requirement and he low density requirement. Variance, Major, State Water ed Management A variance from the statewide water supp watershed regula ' ns that results in the relaxation by a factor greater than 10% of any management requir ent under e low density option or the relaxation of any management requirement that applies to a deve me project requiring construction of a BMP. Vehicle Trip A vehicle trip occurs when one vehicle tray from a point o rigin to a point of destination. Vested Right The right to undertake and com ete the development of a property un the terms and conditions of an approved Site Specific Vest' Plan, provided, however, failure to abide by ch terms and conditions shall result in a forfeiture vested rights. The vested right is attached to and r s with the applicable property and may be ercised by successors to the original landowner. The period du hich a vested right is in effect may be extended by amendments o odifications to the Site Speci ' Vesting Plan. An application for an amendment or modification to an ap ved Site Specific V ing Plan shall be treated as a new application. Once ablished, a vested right supersedes any zoning action which would affect with the type d inte ity of use approved in the Site Specific Vesting Plan, EXCEPT: a) Upon written consent of the landowner; Orange County, North Carolina—Unified Development Ordinance Page 10-66 Attachment 3 53 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT PERTAINING TO TELECOMMUNICATION FACILITIES WITH ADOPTED ORANGE COUNTY PLANS Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to revise regulations pertaining to telecommunication facilities to modernize the standards and comply with Federal and State laws. The Planning Board hereby recommends approval of the proposed telecommunication facilities text amendment and issues this Statement of Consistency pursuant to NCGS § 160D-604(d) Planning Board review and comments —Plan consistency. The Planning Board finds: 1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments, including review by the Development Advisory Committee (DAC), as required in UDO Section 1.9,have been met; 2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as prescribed by UDO Section 1.1.5 Statement of Intent — Amendments and Section 1.1.7 Conformance with Adopted Plans, and will revise the regulations in response to changed conditions; the regulations pertaining to telecommunications facilities have not been substantially revised since before 2011; 3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding Principles and Objectives: a. Guiding Principle 2.2 Sustainable Growth and Development, Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term; b. Guiding Principle 2.2.7 Promotion of Economic Development and Diversity; c. Economic Development Goal 1: Public-private sector partnerships that create a stronger business climate; d. Economic Objective 3.2 Infrastructure that supports desired development; and e. Economic Objective 3.2.11 Establish adequate information networks throughout the towns and County. 4. The amendment supports the Strategic Plan Goals and Objectives. Specifically, Goal #6: Diverse and Vibrant Economy, Objectives 2-6; 5. The amendment is consistent with this principle and these goals and objectives because implementation will result in more telecommunications options in Orange County; 6. The amendment is reasonable and in the public interest because it brings the County's telecommunication facilities standards into compliance with Federal and North Carolina State laws while providing for more options to benefit the public. The Planning Board hereby adopts this Statement of Approval and Consistency and the findings expressed herein. Z2= S � Lamar Proc , Chair Date 54 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MAY 7,2025 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lamar Proctor(Chair) Cheeks Township, Chris Johnston (Vice-Chair) Hillsborough Township, 7 Meg Millard, Little River Township Representative; Statler Gilfillen, Eno Township Representative; 8 Beth Bronson,At-Large Representative; Charity Kirk,At-Large Representative;Whitney Watson, 9 At-Large Representative; Delores Bailey,At-Large Representative;Venkat Yendapalli, Cedar 10 Grove Township Representative;Jonah Garson,At-Large Representative. 11 12 MEMBERS ABSENT: Steve Kaufmann, Bingham Township Representative; Liz Kalies, Chapel Hill Township 13 Representative. 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Deputy Director—Long Range Planning 16 &Administration; Tom Altieri, Senior Planner-Long Range Planning&Administrative Division; 17 Patrick Mallett, Deputy Director—Development Services; Jack Moran, Planner 1 18 19 OTHERS PRESENT: Albert Benshoff, Lydia Lavelle, Liz HIII 20 21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23 The meeting began at 7:02 PM 24 25 ***************************** 26 27 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—TELECOMMUNICATION FACILITIES- 28 To review and make a recommendation to the BOCC on Planning Director-initiated amendments 29 to the LIDO pertaining to telecommunication facilities. This amendment was reviewed at the April 30 9, 2025, ORC meeting. The anticipated BOCC public hearing date is June 3, 2025. 31 32 Patrick Mallett: Good evening. You probably got an email from me today, apologies, but I set out some hard 33 copies at each of your desks. They're color-coded for you. I'm just going to walk you through 34 those before I jump into the presentation. These are essentially replacement items for the 35 abstract and then adding statements of consistencies for Action Items Number 7 and 8. Seven is 36 the telecom and then eight being the solar amendment. Both of these items should be familiar,for 37 those of you that attended last month's meeting,we briefed it at the ORC, noticed at the last 38 minute that we really need to include the statement of consistency,so my apologies for that late 39 breaking change. The first attachment is a replacement on page,just so you can follow along 40 and, and cross-reference in your agenda packet,that's the abstract for the telecom replaces 41 Pages 42 and 43 of your agenda packet. The statement of consistency for that text change is 42 Page 94 of your packets. You also have a letter from the Brough Law Firm, our consultants with 43 the telecom RFP responding to industry comments including the CTIA letter that's right behind it, 44 and then with the solar amendments, Pages 95 and 96,we've going to have replacements to the 45 abstracts, and then Page 107,the statement of consistency,the very last page of your agenda 46 packet. Like I said, I think this is pretty familiar to most of you because you saw it last month, and 47 I'm going to be quick, and then we can follow along with more detailed questions if needed. The 48 first one is Agenda Item Number 7. This is the telecommunications standards, Section 5.10 of the 49 ordinance, and summary of the text amendment telecommunications, elements of the LIDO have 50 not been changed since April 5th, 2011,the adoption of the ordinance. Since that adoption,there 51 have been a quite good number of federal state laws pertaining to telecommunications that have 52 changed. Our ordinance isn't consistent with current federal and state law in many respects. 53 Technology has changed. The current roles and procedures don't really align with the public 54 need. There was a gap in coverage and an equity issue, especially in the rural areas,and it 55 DRAFT 55 doesn't currently meet all of the current public safety needs, as Kirby can attest. Next two slides 56 are just maps that show where we stand today. These are the existing telecommunications tower 57 sites by type. They're color-coded. It's hard to see the little dots, but you can see that they're kind 58 of spread out and the density largely follows the urban corridors,the highways in the urban areas, 59 and as you get out to the northern part of the county, they start to become almost nonexistent. 60 This is another map that's'also available on our website. It's a telecommunications plan map. 61 This is a bit misleading, but essentially what this map shows are sites where property owners 62 have raised their hands, brought it to the commissioners and said I am willing to locate a site in 63 this area, but you can see even with people raising their hands and the differences between these 64 two, there's still a lot of white,a gap in large part to dumb it down, gaps in coverage. Summary of 65 the proposed amendments, I'm going to go through these very quickly. At the end of this, I'll ask 66 Al Benshoff and Lydia Lavelle, our consultants,to give sort of a summary of the changes, but the 67 gist of it is that this amendment would repeal in whole the existing UDO Section 5.10 by the time 68 you start putting a scalpel to it and trying to align it with federal and state laws,there's more 69 revisions than not, so we decided let's just repeal the entire thing and replace it with a better 70 product. There are also revisions to Section 5.2,the table of permitted uses, better definitions and 71 an alignment of the permitted use, and then Section 10,the definitions. We're trying to continue 72 the trend to allow for lower impact towers and streamline the approval process and completed the 73 mandatory statutory definitions. We coordinated with the likes of Kirby,with EMS,with IT and 74 AMS to integrate this effort, and this is part of a,what we see as a continuum as a cross- 75 collaboration between our departments and thank you Kirby for participating in this effort. 76 Continue to update long range plans. We will look at possibly aligning fees and other fee 77 structures in accordance with federal and state laws. We will improve community and industry 78 access to communicate telecommunications data and information. The amendment process 79 we've gone through has been briefed several times through the DAC process. We were not 80 required to have a community neighborhood information meeting,yet we did. Two folks attended, 81 Liz Hill with American Towers among the folks that attended, another person named Joey Nelson 82 with AT&T attended. They gave comments and were very insightful, gave follow-on comments 83 and then we received industry comments from the CTIA in that letter that you saw. We feel like 84 we've addressed all those questions and incorporated those into the product. It was briefed last 85 month. Technical revisions and clarifications were made based on the meetings and the follow-up 86 commentary from the industry and then today, I made those changes to those replacement items. 87 The recommendation: the planning director recommends the board review and discuss the 88 proposed UDO text amendments, consider the planning director's recommendation and make a 89 recommendation to the BOCC on the statement of consistency,Attachment 3, and the proposed 90 tax amendments. And with that,Al might have a few brief words to say. 91 92 Albert Benshoff: Good evening. My name's Albert Benshoff. I'm an attorney with the Brough Law Firm in Chapel 93 Hill. This is Lydia Lavelle. She's also an attorney with the Brough Law Firm in Chapel Hill. I have 94 worked on telecommunications zoning questions since 1986. 1 also was a planner for 15 years 95 before I went to law school to get into a line of work where I'd be more popular. I want to thank 96 the County for giving us this interesting project to do and thank the staff,thanks Cy, Patrick, Jack 97 and Kirby for their input and their help. I can give you a brief presentation about what we did and 98 why we did it, but before I do that, I'd like to say I would prefer to answer questions so I talk about 99 what you would like to hear about rather than what I think you need to hear about. So, are these 100 any questions this early? 101 102 Lamar Proctor: Well,just as a general question,what did you seek to accomplish and what did you think were the 103 benefits to be gained by an overhaul of this section of the UDO? 104 105 Albert Benshoff: Well, the staff,the county put out an RFP to do this work and we responded to it, and I've done a 106 fair amount of this work around the state. The jurisdiction closest is Carrboro. A few years ago, 1 107 worked on their zoning ordinances about cell towers, about wireless telecommunication facilities. 108 1 think I can answer your question, Mr. Proctor,with some of my prepared remarks. Yes,the 56 DRAFT 109 ordinance was last amended by Orange County in 2011 but in total, it reads like a state-of-the-art 110 1988 ordinance, and since 1988,the technology has changed,the laws have changed, and the 111 US Code and the North Carolina General Statutes require that local governments do certain 112 things about cell towers in their zoning ordinances, so some of these changes are mandatory. 113 The Federal Communications Commission also has jurisdiction, and they issue orders and rules, 114 and they're mandatory. So, some of this is trying to rationalize all the things that the county has to 115 follow because they don't necessarily agree with each other. So,we did that. Another goal was to 116 take feedback from the staff about what worked in the ordinance that you have now, and there 117 were things that seemed like a good idea in the 20th century that either weren't used or didn't 118 work out the way they were intended. For example, there's a provision in your current ordinance 119 that the planning staff and the industry all get together and have a meeting every year to talk 120 about where towers are needed,where they'll be built in Orange County,what's going to happen 121 in the next year. That's not mandatory. That's kind of died on the vine. That was deleted. That's 122 an example of things that came out. So,what's changed is the number and kind of structures and 123 towers that staff can improve are increased, and that's because the federal government and the 124 North Carolina Legislature have established deadlines for approvals, and some of the deadlines 125 are so tight, that means that the staff has to approve things. The number of towers that require 126 special use permits has been reduced and now special use permits are only required for towers 127 215 feet or taller, and it looks like there won't be very many of those in the future because the 128 technology is going to smaller towers to accommodate increased bandwidth for the 5G networks. 129 There are incentives for disguised towers,for stealth towers,for monopoles in terms of the 130 procedures are somewhat streamlined if you ask for those. The procedures are somewhat 131 streamlined if you build a tower on publicly owned property. Some, some new uses were added, 132 particularly small cell wireless facilities which are a mandate from the General Assembly. A few 133 years ago, North Carolina adopted a model ordinance for 5G structures, and it was adopted in 19 134 or 20 other states last time I looked, probably more now. The idea was that there would be a big 135 quick build-out of small 5G towers. That didn't happen. So,there is a provision in here which is 136 required by general statute that the staff will approve pretty quickly any small wireless cell 137 structure up to 50 feet tall located in a public right-of—way. This has made a lot of consternation in 138 places like Carrboro because they don't want to have their right-of-way full of 50-foot towers 139 necessarily. Luckily, the county doesn't own roads, so that's not the county's problem. That's 140 DOT's problem. In the general statutes,there's three pages of rules about siting small cell 141 wireless in counties and in cities,and cities own roads, counties don't. There's one paragraph for 142 DOT, and it says DOT will allow this. DOT will make some rules, make with happen. So that's in 143 here because it has to be in here, but I don't think it will have much of an effect on Orange County. 144 The aversion of the federal and state deadlines which are called shot clocks in the industry are in 145 a table in the ordinance. The ordinance includes the definitions from the general statutes almost 146 verbatim because those are terms of art. We could write new definitions that would just confuse 147 everybody, so the general statutes definitions are in here. We got in feedback from Liz Hill from 148 American Tower and made some changes that she suggested. We have feedback from the CTIA, 149 the Industry Association. You have their letter. You have our response. We made changes in 150 response to their comments, and I think that six amendments are made all together. We think we 151 have addressed that. I want to thank,since Liz is here, I want to thank her for her,for her input 152 and, again, I'm happy to answer any questions. 153 154 Lydia Lavelle: I just want to say, this is an area of law that was new to me. I've had a crash course the last 155 9 months at the foot of the master here, and I do think that,when you look at the old ordinance 156 and the way it's been rewritten and streamlined,as one who has spent time looking at this over 157 the years, I think it's much more logical, it's not only equivalent now with North Carolina law and 158 federal law, but it's just a lot easier to follow in the way it's all laid out. 159 160 Lamar Proctor: Okay, great. Does anyone have any questions? 161 57 DRAFT 162 Beth Bronson: I was just wondering about the maintenance and inspection because you were saying that one of 163 the leftovers from the 1988, or in the 2011 UDO was that there would be an annual meeting to 164 decide what the needs were. Did you create any kind of ordinance that would keep or make 165 mandatory, any kind of periodic review that was maybe, say 5 years versus annually? 166 167 Patrick Mallett: Let me preface that by saying I came to the County 12 some odd years ago. Prior to that, I was in 168 the private sector fresh out of grad school in the early'90s. My first job,the City of Burlington was 169 ripe,the first telecommunications ordinance I agree with Al and Lydia. What we have now is not 170 too dissimilar with what I spat out years ago. There are some distinctions that the balloon test 171 requirement which we were deleting,which is redundant and not necessary,this annual meeting 172 is redundant and not necessary. It's a classic example of having the idea to have a grand 173 convention. Not everybody has the time or the willingness to come,or the ability to come. And 174 technology is such that people can provide us real time input about the need. Whether it's people, 175 community leaders or industry folks. 176 177 Beth Bronson: And so, in the last 12 years here, how many of those meetings ever occurred?That you were a 178 part of? 179 180 Patrick Mallett: We would have some sort of meeting to have a meeting but if I'm honest every year in some 181 shape or form, either with the Planning Department or with IT, but participation was some years 182 heavy some years not so heavy. I would also add that in the timeframe that I've been here,we've 183 had on average, over 3 dozen co-locations and switch outs on existing towers, and we do a lot of 184 little stealth towers. We've only had one special use permit, new tower. We've had a lot start and 185 then pull out and withdraw the request, but only one new tower 10 years. That's kind of 186 extraordinary. And we're realizing that if you weed through the co-locations and the switch-out, 187 we're kind of reaching a point where saturation is probably occurring and there is a need for new 188 towers if you want to provide incentives for people to go out to say the Hurdle Mills area and 189 service that. 190 191 Beth Bronson: You have to create friendly regulations. 192 193 Patrick Mallett: Not a carte blanche open door, but a minimal amount of barriers to entry. 194 195 Beth Bronson: Understandable. 196 197 Patrick Mallett: That's what we're trying to achieve is that balance that's not intrusive. 198 199 Beth Bronson: Out on New Sharon Church Road, there's an AT&T tower. It's been abandoned for however 200 many years, but it hasn't gone anywhere,or is it still managed by AT&T? 201 202 Patrick Mallett: I think they still have one antenna there. If they have no antennas,they have to take it down. 203 204 Beth Bronson: I guess enforcement of abandonment. 205 206 Patrick Mallett: Sure. But that can be achieved outside of an annual meeting. 207 208 Beth Bronson: For sure, yes, separate from the meeting. 209 210 Patrick Mallett: You've heard this before. We have a new Energov central permitting system that,the tracking 211 ability for this is ten times better than it was years ago. 212 213 Cy Stober: One thing I would add is that the original texts that we are proposing to amend and replace 214 presumes that planning is the primary point of contact on this land use matter. Well, wireless 215 communications is much more of a public service than it was when this was adopted and we, 58 DRAFT 216 Kirby is in regular communication for emergency services purposes,our information technologies 217 directors and regular communication as part of the Lumos project, as well as above-ground 218 facilities that are being installed to support that. So the County, much more broadly than our 219 department and the UDO, is in dialogue with the providers on a very regular basis and having 220 conversations about emergency services and reservation of facilities for public need and 221 particularly for the sheriffs office and emergency services to be able to respond to calls 222 throughout the County and there are some struggles currently, so as Pat said,we are likely going 223 to be seeing a few new towers in the next 10 years go up to respond to that need. But this is 224 larger than a planning matter at this point. It's a public service and emergency matter, and so we 225 don't need an annual meeting because we're in regular conversation with the providers. 226 227 Beth Bronson: Okay. But there was no consideration for something that was, like, 5 or 10 years and I would 228 agree with you that I feel like this is something that would be more appropriately added to 229 something like a comprehensive plan or long-range goals. 230 231 Cy Stober: I am very pleased with the language that Al and Lydia had provided with us for enforcement of 232 retired and abandoned facilities, and I think we have a clear path of action both through the 233 enforcement and remedies but also through civil litigation if we have to go that approach.We have 234 a clear path to assessment,which is a much faster remedy than trying to endlessly take folks to 235 court and I appreciate that. 236 237 Beth Bronson: Thanks for everybody's input. 238 239 Chris Johnston: Charity. 240 241 Charity Kirk: I have some nit-picky stuff, but I'll follow up on that question with the replacement of towers, like 242 removal. I only saw deadlines shall be 180 days for small micro wireless facilities. I didn't catch 243 everything so, excuse me if it's in here, but I didn't catch it, but the bigger towers, how do those 244 get removed? 245 246 Patrick Mallett: All right. The deconditioning part is, there's a built-in part of that which is,there are only a handful 247 of tower providers around nationally, and definitely in our region. Three or four. Typically, if those 248 tower providers have a facility on a property, they don't own the dirt. There are a few where they 249 actually own the dirt. The vast majority of them,they have a lease. And so, my experience has 250 been the decommissioning is kind of a built-in process from a liability perspective. They don't 251 want someone to get hurt or the property owner, they no longer have a lease. They want to take 252 that tower down pretty quickly. You'll see the scant ones that have one antenna, or the lease isn't 253 up and they're keeping their options open, but that's a built-in mechanism. 254 255 Charity Kirk: So you don't have anything in here about removal of those towers. 256 257 Albert Benshoff: It's Section 5.10.8.Which refers to all wireless support structures. 258 259 Charity Kirk: It's 30 days and then it's 180 days, so it's generally 30 days and then it's 180 days for small micro 260 wireless facilities. 261 262 Albert Benshoff: No, it's 180 days for everything. Because that's the standard law in North Carolina about non- 263 conformity,a use is deemed non-confirming and may be abated if it's abandoned for 180 days. 264 265 Charity Kirk: So, 5.10.8.(C)says 180 days for small micro wireless facilities. But where is it 180 days for all 266 facilities? 267 268 Albert Benshoff: Well, it's probably because the general statutes had that in there and I'm not sure that shouldn't be 269 changed to just say the deadline is 180 days, period. That would be fair. 59 DRAFT 270 271 Charity Kirk: Okay. 272 273 Chris Johnston: Perdita has a question. 274 275 Perdita Holtz: Well, I'm just confused because (A)clearly says remove an abandoned wireless telecom facility 276 within 30 days of the date it is deemed abandoned. So,when I read the plain language about 277 that, it's 30 days. For some reason, small and micro wireless facilities are 180 days, and 1 278 presume that's because of the special legislation they have. 279 280 Patrick Mallett: Yeah. 281 282 Charity Kirk: Well, abandonment above was saying not used for 180 days. So, it's 180 days for abandonment 283 and then another 30 days to remove it. 284 285 Albert Benshoff Right, because and that's standard zoning law in North Carolina and has been for decades that 286 people don't say oh, I'm abandoning this property, this use. They just stop and leave and, so, if 287 the county can prove that the use has stopped and people have left, in 180 days, it can be abated. 288 289 Charity Kirk: So, all towers have to be removed 180 days plus 30 days from the end of use. 180 days is fluid 290 depending on when someone notices it. 291 292 Albert Benshoff: The short answer is yes. 293 294 Charity Kirk: Okay. 295 296 Albert Benshoff: It gets, it gets technical. 297 298 Charity Kirk: Well, I just, I just didn't understand it,so I'm trying to understand it. 299 300 Pat Mallett: That's common, 180-day mark is common for lots of uses. 301 302 Albert Benshoff: I'm trying to remember that the general statutes. I have them, but I don't want to stop and look 303 that up. I think there was a provision in there,a special provision in there that says you can tell 304 the company to take it down. 305 306 Charity Kirk: I feel like something should be in here about when you remove everything and it's most clear 307 about small micro wireless facilities, but as long as the planning board understands 180 days. 308 309 Albert Benshoff: Let me say just by way of background. That sort of thing is going to creep in because the 310 legislature treats small cell wireless differently, and they've carved that out as a discreet land use 311 that must be treated by itself and, so,that's why there's a section of special rules for small cell 312 wireless that don't apply to that,to other kinds of wireless support structures because it's in the 313 general statues. 314 315 Chris Johnston: That's fine. I think Charity's point, and I apologize if I'm misconstruing is this specifically states 316 that the small cell tower has a specific carve out for 180 days. Correct? 317 318 Albert Benshoff: Correct. 319 320 Chris Johnston: Okay. If that's a general statute requirement or said along those lines, cause I, 1 do notice that 321 there are footnotes all up and down this thing and in regard to GS-160D-931 or whatever the case 322 may be. If this is a specific carve out, specifically because of some statute, it might make it 323 clearer to either call that out or to say all towers, rather than specifically the cell towers. Is that an 60 DRAFT 324 accurate representation? We need to say it's for everything or we need to say the reason we're 325 calling this out is because of statutes. 326 327 Charity Kirk: I'm just unclear. I'm trying to understand. I feel my comments are nit-picky like I said, and this is 328 something I didn't understand, so as long as you all are clear. 329 330 Chris Johnston: But I'm not sure, because from Perdita I heard 30 days and now I'm hearing 180 days, plus 30 331 days, so I'm not sure it is 100 percent. Sorry. Cy. 332 333 Cy Stober: Yeah, I think I can help. So, 5.10. 6 is about cessation. So,that's the operations of the facility as a 334 use. We would then go to Subsection 7 you can have abandonment,which means that the owner 335 has completely abandoned a structure and its operations. Perhaps even abandoned the vendors 336 who are using that structure. Those are separate things. 5.10.8 would be our next plinko down 337 from 5.10.6 where we go from cessation of operations to removal and that's the enforcement on 338 their end. We have the 180-day for small micro wireless there, but there's the 30-day notice of 339 abandonment and then to Mr. Benshoffs comment abatement is empowered to the county. So, 340 that means that we can order the demolition and we can place an assessment on the property or 341 even take other legal actions to assess the owner of the facility. So, in Subsection B, Item B,the 342 county's empowered to abate the use, so, more immediately within 30 days to Perdita's point,then 343 personal micro wireless facilities. So, the empowerment's there. It is worded less directly, but it's 344 all there. 345 346 Charity Kirk: Thank you. That was what I wanted to know. 347 348 Cy Stober: To give you the big picture,we've only had two decommission sites, towers in 12 years and in 349 both instances the property owner didn't like the deal they had with the tower provider. They 350 terminated the lease. The tower provider immediately said we're taking this thing down and then 351 new tower providers said well, I'm going to move in right next to it and under the provisions 352 reconstructed a new tower. 353 354 Charity Kirk: So, is now a good time to make amendments? 355 356 Lamar Proctor: Well, I would just say I think this is dangerous territory just as an attorney because this is a very 357 specialized area. 358 359 Charity Kirk: I have a grammatical amendment. 360 361 Lamar Proctor: Sure, a grammatical amendment, sure. 362 363 Charity Kirk: But I also have a few more questions that I might as well do. You mentioned under 5.10.2.(1).(4), 364 facility should contain a sign no larger than 4 feet square to provide adequate notification to 365 people in the immediate area of the presence of RF radiation or to control exposure to RF 366 radiation within a given area. Like does that mean the sign could be 2 inches? Because there's 367 no minimum set. But are there expectations for signs being big enough?The Feds take care of 368 that, Miss Kirk. 369 370 Charity Kirk: Okay. This is my first. 371 372 Albert Benshoff: No, I mean it, it's very confusing, it's very technical. There's no problem with your questions. 373 There's how much do you copy; how much do you repeat from what the FCC says and how long 374 do you make it. The county has an interest in not letting people put a Drink Coca Cola sign on 375 their cell tower that's 100 square feet. 376 377 Charity Kirk: And this is a bad result of just trying to clarify. 61 DRAFT 378 379 Albert Benshoff: Sure. 380 381 Charity Kirk: And then, 5.10.4, standards and procedures for administrative of approvals of wireless support 382 structures,substantial modifications,co-locations, and eligible facility requests. D., monopoles. 383 It's more a statement, like what does this mean,what does it mean that monopoles at a minimum 384 monopole-wireless support structures shall be structurally designed to accommodate as many 385 antennae rays as a tower is designed to carry. How does that relate to standards and procedures 386 of administrative approval? Does that mean that the monopole design that staff is approving has 387 to have, it has to be designed, like how does that relate to monopoles in it. Why is it under that 388 section? 389 390 Albert Benshoff: Monopoles have to do everything that's listed in 5.10.4.(A)except for the carve outs and then 391 following Subsection A, there's standards for the different kinds of wireless support structures. You 392 get down to monopoles and there's not much new to say. 393 394 Charity Kirk: Oh, you know what, I'm sorry. I do know that I am in the wrong section. I have put that under the 395 wrong section. So, never mind that fact. 5.10.2.(E).(2),well E is a site plan and site plan 396 application meeting. It's trying to say what's all required and you say elevations.A map,a site 397 plan, but 2 is all utilities at a facility shall be installed underground, but what are you wanting them 398 to provide? A site map or a site plan?Like you have elevation,the site plan and site plan 399 application meeting, so you say you want elevations, and you want a map, and you want a site 400 plan, but you don't say what you want with all utilities at a facility site shall be installed 401 underground. Do you want a map of where the facility's installed? 402 403 Cy Stober: That's a requirement of 2.5, which is not in the packet. All private utilities must be provided on a 404 site plan. That's sealed and delivered to the county. So,that is not proposed for amendment. 405 That's just identifying that all electrical and, in this case,fiber and should there be any other 406 utilities, such as gas,on site,they'd have to be shown on the site plan,whether they are public or 407 private. So, if there's an OWASA sewer line going through there, it must be underground. There 408 cannot be any aerials and no above-ground utilities are permitted on the site. 409 410 Charity Kirk: Well, you've stated with 1, 2, 1, 3 and 4 exactly what you want,which is an elevation, 3 is a map,4 411 is a site plan, 5 is a landscape plan, but 2 is just a statement. So,you might say,for consistency's 412 sake, how you want that to be given to you. 413 414 Albert Benshoff: We need to check the site plan section,which is not before you tonight. 415 416 Beth Bronson: I think the plan is in Section 2.5. It is outlined. 417 418 Charity Kirk: It's an inconsistent use of the bullets. 419 420 Beth Bronson: But on top of E, it does say application meeting Section 2.5. So,you do have to refer to Section 421 2.5, in which case all utilities public or private must have an accompanying site plan that would 422 indicate where those utilities are underground. 423 424 Charity Kirk: So,then why does 4 have a site plan of the wireless support structure showing all of the 425 following? 426 427 Beth Bronson: Because it's above ground and not part of 2.5. 428 429 Charity Kirk: No,that's not a part of 2.5. If you all are happy with it, I'm just saying it's inconsistent.That's the 430 only one of 1, 2, 3,4 and 5 that does not clarify what document format you want it to take. That's 431 all. 62 DRAFT 432 433 Cy Stober: That's because those are different documents an elevation is a profile of what the tower would be 434 like. 435 436 Charity Kirk: I know what elevation is. 437 438 Cy Stober: That's separate from the site plan. A site plan is a two-dimensional drawing. The utility 439 requirement is a layer that is an additional standard for what utilities may be done on the site plan. 440 The map is a locational map. It doesn't have to be as precise as the site plan. It doesn't even 441 have to be scale. The site plan comment in Item 4 is identifying additional requirements of that 442 site plan. It is redundant with language in E, but the others are not the same drawings as the site 443 plan itself of the property and its boundaries. So, I think the utility comment is an additional layer 444 of regulation beyond our site plan regulations. I'm comfortable with it. 445 446 Charity Kirk: You're comfortable with it. Okay. 447 448 Statler Gilfillen: I have one question on this. When those plans are submitted,they have to be done by a licensed 449 engineer, right,or an architect? Okay. As an architect, those are pretty standard presentations. 450 You can argue about nit-picking which way and what, but if they're not clear,the inspector at the 451 other end is going to send them back to the engineer and they're going to get it done properly. 452 That's tradition. 453 454 Patrick Mallett: That's a good point and I would offer if we can keep it as is. We're comfortable with it, or strike it 455 in its entirety. 456 457 Charity Kirk: I don't think you need to strike it. I'd just change the language to be more consistent. I told you 458 these were nit-picky comments. 459 460 Patrick Mallett: That's why we're here. 461 462 Charity Kirk: Okay. But the last one is 5.10.1.(A).(1),where all the bullets are. Encourage, minimize, create, 463 minimize, establish and the first one is protection of where it really could just be protect.And then 464 it would grammatically be more consistent for the bullet points. So, I would make amendment, a 465 nit-picky amendment,to 5.10.1.(A).(1), you remove protection of, and you change it to protect. 466 467 Statler Gilfillen: I will second that motion. 468 469 Chris Johnston: I think at this point we're still making sure that we don't have any additional comments. 470 471 Lamar Proctor: Do we take a motion on amendments separately or do we move to approve the statement of 472 consistency with the amendments and go through them individual before we take the vote? 473 474 Cy Stober: It's up to your discretion, but more commonly it's the second approach that you mentioned,to add 475 the amendment when the motion is made for the whole package. 476 477 Chris Johnston: Okay. Not to be that guy. Do we need to check, because half the table has had comments. 1 478 didn't know if we needed to verify if anyone else needed to weigh in. 479 480 Lamar Proctor: I think we've resolved everything with the exception of that one. 481 482 Chris Johnston: That's perfectly fine. I didn't know, like I said, if this side of the table needed to chime in. 483 484 Venkat Yendapalli: One question. More like a procedurally question. Once we go through this amendment language, 485 how long does it take to get a cell tower there? I live in Cedar Grove, and it is very spotty. How 63 DRAFT 486 long does it take to see a cell tower go up there in that area? Areas that they can't reach, 487 emergency services, or if they're in this spot or they can't get cell tower. 488 489 Patrick Mallett: I would say that the conservative, assuming it's an administrative approval for a new cell tower, 490 you're looking at about 60 days. It would go through Jackie Hicks,who was also heavily involved 491 with this package. She's our telecommunications consultant. She's the one that knows all the 492 technical co-location information. She has to review it, give a recommendation. We review it. It 493 goes through the DAC.About 60 days.A special use permit going to the Board of Adjustment for 494 approval, you're looking at anywhere from 4 to 6 months to get that processed. 495 496 Venkat Yendapalli: Thank you. 497 498 Lamar Proctor: Any other specific questions or amendments. I understand Charity's point. It's a grammatical 499 thing. It's not in line with the other numbers. 500 501 Charity Kirk: Lady of the company, did she want to talk? 502 503 Liz Hill: I'm really just here to answer any questions that she might have. 504 505 Charity Kirk: Okay. 506 507 Patrick Mallett: She had some very insightful questions and suggestions. We took those to heart and 508 incorporated them. 509 510 Charity Kirk: Are you happy with this? 511 512 Liz Hill: It's definitely an improvement. We appreciate the effort very much. 513 514 Charity Kirk: Okay. 515 516 Lamar Proctor: I had a motion to pass the statement of approval with Charity's modification to 5.10.1.(A).(1),the 517 grammatical correction of protect in lieu of protection of. Correct? 518 519 Charity Kirk: Thank you. 520 521 Lamar Proctor: And I heard a second. Right? 522 523 Charity Kirk: I didn't,yes, I'll make a motion. I do what you say, or you can just make the motion. 524 525 Lamar Proctor: Well, you made the motion. He seconded it. 526 527 Charity Kirk: Well, I made the motion to make it an amendment. Can I make a new motion? 528 529 Dolores Bailey: Why don't we leave it? 530 531 Lamar Proctor: Well, let me just ask this. Cy,does it have to be approved verbatim or are you allowed for 532 grammatical corrections like that, even after we adopt the statement. 533 534 Cy Stober: Oh no. Well, Orange County is fairly conservative about any sort of inline corrections needing to 535 go through hearing, so, if there are grammatically corrections that are needed,we are not 536 empowered as staff to make administrative corrections to things like missing semicolons or 537 plurals, etcetera, per the attorney's office.We've been provided by guidance that we shouldn't. 538 539 Dolores Bailey: There's a motion on the table. Are we asking her to restate it? 64 DRAFT 540 541 Lamar Proctor: Yeah,just restate it for clarity purposes., I, 1 think what you're doing is you're moving to approve 542 the statement with the modification to 5.10.1.(A).(1),for protect. 543 544 Charity Kirk: Yes. I make a motion to approve the unified development ordinance's text amendment as 545 contained in Attachment 2 with the amendment and the statement of approval and consistency, 546 indicating text amendments are reasonable on Attachment 3 with the amendment of changing 547 protection of to protect as shown in 5.10.1.(A).(1). 548 549 Lamar Proctor: All right. Do I have a second? 550 551 Statler Gilfillen: I will second to that. 552 553 Lamar Proctor: All right. All in favor of adopting the statement of approval consistency with that modification may 554 say, raise your hand or say aye.All opposed? 555 556 MOTION BY Charity Kirk to approve the statement of consistency with amendment to section 5.10.1.(A).(1). Seconded 557 by Statler Gilfillen 558 559 MOTION PASSED 7-3: Dolores Bailey,Jonah Garson,and Beth Bronson opposed. 560 561 Lamar Proctor: We have however many ayes,three opposed. The ayes have it, so it, the statement of approval is 562 passed with that modification. 563 564 Cy Stober: Typically, in a split vote,we have a reason for the opposition, so we can document that for the 565 board. 566 567 Beth Bronson: I just do not find there would be a need for it. 568 569 Jonah Garson: I don't find there to be a need for it either and I just don't feel it's appropriate. 570 571 Charity Kirk: What is it? 572 573 Beth Bronson: The change. 574 575 Jonah Garson: The grammatical change. 576 577 Dolores Bailey: And the same for me. 578 579 Chris Johnston: Thank you. To confirm,the problem is with the amendment, not with the process of amending, in 580 other terms is it changing the word protect or the entire process? 581 582 Dolores Bailey: In the word protect. I don't think there's any reason to change it from protection of to protect. 583 584 Jonah Garson: And,for me, it's the same, but also, I do think we should be having motions on amendments. 585 586 Beth Bronson: There was no motion on the statement of consistency I didn't think. 587 588 Jonah Garson: I think we need two. I think I would like to see going forward two separate motions. 589 590 Lamar Proctor: Didn't you tell us before we needed to incorporate those into one motion? 591 592 Cy Stober: You have either option. Historically,we've done the latter where they've been incorporated. 593 65 DRAFT 594 Lamar Proctor: Right,that's been the practice.Jonah is recommending that we split that for clarity purposes. 595 596 Statler Gilfillen: I mean if we can in the future, I would agree with that. 597 598 Venkat Yendapalli: I think maybe, Jonah,you're looking at like do we even need it. Do the rest of the board support 599 that amendment. Right? 600 601 Lamar Proctor: Yes. All right. So,this will have to be slightly modified? 602 603 Cy Stober: Yes, and until it is adopted at the hearing to up to that second. All of this, even though it is 604 informed by federal and state regulations, can be modified without the whole process. We're 605 already ready in the process, so if there are other comments you wish to make,you're welcome to 606 make them in the interim to the board or to me. 607 608 Lamar Proctor: Sorry for any confusion. I'm trying to incorporate the planning board's input. I know that you all 609 worked a long, hard time on this stuff, and I know it's very specialized. And that's a nit-picky thing, 610 but future generations when they read that ordinance won't get offended by that grammatical 611 indiscretion. 66 ORANGE COUNTY NORTH CAROLINA Agenda Item 5-c : U DO Text Amendment - Telecommunications Standards (5 . 10 ) Summary of Need for Text Amendment ■ Telecommunications elements of the UDO has not been amended/updated since adoption on April 5, 2011 . ■ Since adoption , numerous federal and state laws pertaining to telecommunications have changed . ■ Technology (e.g . 5G), the market and best industry/regulatory practices have changed significantly in the last 5-10-years. ■ Current regulations and procedures don't align with the public need for adequate and equitable rural coverage or the County's long-range plans and goals. ■ Current system doesn't meet the current public safety service needs. 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C. G .S . ) • Includes the mandatory statutory definitions . ORANGE COUNTY NORTH CAROLINA 72 Other related efforts and next steps ■ Coordinated efforts with AMS , IT and EMS to better integrate existing and planned infrastructure opportunities . ■ Update applicable long-range plans . ■ Update fees to align with federal and state law. ■ Improve community and industry access to telecommunications data and information . ORANGE COUNTY NORTH CAROLINA Planning Board Recommendation 73 Planning Board Ordinance Review Committee reviewed and discussed at their April 9, 2025, meeting. Planning Board voted (7-3) to recommend approval of the proposed amendments at their May 7, 2024, meeting. ORANGE COUNTY NORTH CAROLINA Recommendation for Tonight 74 The Manager recommends the BOCC: 1. Consider the Planning Director's and Planning Board's recommendations, 2. Conduct the Public Hearing and accept public comment, 3. Deliberate on the proposal, and 4. Decide and vote on the Statement of Consistency (Attachment 1) and the proposed ordinance (Attachment 2). ORANGE COUNTY NORTH CAROLINA 75 Questions ? ORANGE COUNTY NORTH CAROLINA