HomeMy WebLinkAboutAgenda - 08-28-2000-2ORANGE COUNTY
.BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 28.,.2000
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Action Agenda
Item No.
SUBJECT: TELECOMMUNICATION TOWERS AND ANTENNA AMENDMENTS
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Craig N. Benedict, ext. 2592
Rough Draft of suggested revisions for discussion
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 68$-7331
Mebane (336)227-2031
PURPOSE: To discuss possible areas of revision to the tower ordinance to provide alternate
review processes and a telecommunication plan to promote co-location and master grid planning.
BACKGROUND: The Federal Telecommunications Act of 1996 made sweeping regulatory
changes to the siting of wireless communication towers and underground telecable facilities. In
brief, the Federal Government received billions of dollars in license fees to 'sell the airwaves' to
various telecommunication (Telco') providers in order to construct the'information highway'. To
ease the implementation of the telco network, the Telco Act of 1996 preempted many local
government zoning controls.
As is evidenced by the number of tower installations and proposals in Orange County, tower
applications and their related public input is of growing importance and legal sensitivity. Consultant
companies in the telecommunication field now offer services to government to: a) provide public
information, b) review ordinances, c) create a grid system identifying potential tower coverage sites,
d) coordinate tower siting with the telco industry, and e) develop revenue sources for leasing public
properties.
FINANCIAL IMPACT: Changes could include additional revenue if public properties are leased
and if permit and inspection are implemented.
RECOMMENDATION(S): Receive as a report and receive public comment.
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Existing
Existing
Subdivision XX. Telecommunications Towers and Antennas
Sec: XX-XX. Intent.
The regulations and requirements of this article are intended to:
(1) Promote the health, safety and general welfare
(2) Provide for the appropriate location
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Proposed (3) Minimize adverse visual effects of telecommunication towers and antennas through
careful design, siting, landscape screening and innovative camouflaging techniques
Existing (4) Avoid potential damage through engineering
Existing (5) Protect residential areas through shared use
Sec. XX-XXX. General rules of interpretation.
Proposed (a) Certain terms used in this subdivision have been defined.
Proposed (b) Definitions. The following words, terms and phrases, when used in this subdivision,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Accessory use Antenna
Combined antenna Extraordinary conditions
Guyed tower Master telecommunications plan
Microcell facility Microwave
Monopole tower Panel antenna
Roofline Self-support lattice tower
Stealth facility Telecommunications facility
Telecommunication tower Whip antenna
Sec. XX-XXX. Telecommunications facilities.
Proposed (a) Telecommunications facilities, including monopole and stealth telecommunication
towers and microcell facilities shall be permitted as an accessory use in the following
zoning districts:
(1) (P) Parks and recreation greater than one and one quarter (1.25) acres.
(2) (CF) Community facility.
(3) On property owned by the county, the county shall authorize the application and
use of county property after the applicant executes a lease agreement acceptable
to the county. The county shall have no obligation whatsoever to execute such
lease even if the applicant can meet the criteria set forth herein.
Proposed (b) (1) Towers as part of existing utility poles shall be permitted as an accessory use in
the following zoning overlay district:
Proposed (SU) Special utility. Towers shall be constructed as part of the existing utility poles or as
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Existing
Existing
Proposed
.Proposed
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replacements for the existing utility poles. No freestanding towers constricted
exclusively for personal wireless services shall be permitted.
(c) Freestanding telecommunications towers shall be permitted as an accessory use.
(d) Exceptions. The location of a new telecommunications tower in any nonresidential
zoning district must be approved as a special land use.
(e) Minimum standards. Except, where a special land use is granted, every
telecommunications tower must meet the following minimum standards:
(1) Prior to the issuance of a building.or electrical permit by the building division,
department of planning and inspections, a site development plan shall be
presented for approval to the planning division. Each application for a proposed
telecommunications tower shall include all requirements for site development
plan approval as required. The Board of County Commissioners may waive all
or some of these provisions for stealth towers which are designed to emulate
existing structures already on the site, including but not limited to light, power,
or telephone poles. Approval of the director of planning and inspections to
. ensure consistency with.the definition of stealth facility is required. Each
application shall contain. a rendering or photograph of the tower including, but
not limited to, colors and screening devices. .
(2) A statement shall be submitted, prepared by a professional registered engineer
licensed to. practice in the state, which through rational engineering analysis
certified the tower's compliance with applicable standards as set forth in the
Orange County Building.Code, and any associated regulations; and describes the
.tower's capacity, including an example of the number and type of antennas it can
accommodate. Applicants shall provide: (i) the existing cell sites (latitude,
longitude, power levels) to which this proposed site will be a handoff candidate,
(ii) an RF', plot iridicating the coverage of existing sites, and that of the proposed
site, (iii) the search area utilized in finding the proposed site, (iv) antenna heights
and power levels of proposed site, (v) a written affidavit station why "the
proposed site is necessary for their communications service." (e.g.; for coverage,
capacity, hole-filling; etc.) and a statement that there are no existing alternative
sites within the provided search area and there are no alternative technologies
available which could provide the proposed service enhancement without the
tower. County staffwill utilize the services of a registered professional engineer
to. confirm the statement made in item (v) above. No tower shall be permitted to
exceed its designed.,loading capacity. For all towers attached to existing
structures, the statement shall include certifcation that the structure can support
the load superimposed from the tower. All towers shall have the capacity to
,permit multiple users; at a minimum monopole towers shall accommodate two
(2) users and self-support/lattice or guyed towers shall, at a minimum
accommodate three (3) users.
(3) Height/setbacks and related location requirements.
a.. ,The height of a telecommunications tower shall. not exceed one hundred
and fifty (150) feet to be a Class B special use per7riit. Tower height
shall be measured from the crown of the road to the nearest public street.
b. Telecommunication towers shall conform with, the setbacks established
for the underlying zoning district.
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Proposed r. Monopole, lattice or guyed telecommunication towers shall not be
permitted within two hundred (200) feet of any residential district or
residential portion of a 1?UD unless the property is designated as a part of
the special utility overlay district.
Proposed d. Monopole, lattice or guyed telecommunication towers shall not be
located within seven hundred and fifty (750) feet of any existing
monopole, lattice or guyed telecommunications tower. This distance
restriction shall not apply to any monopole, lattice or guyed
telecommunication tower owned by a public, not for profit agency or
entity.
Existing e. All buildings and other structures to be located on the same property as a
telecommunications tower shall conform with the setbacks established
for the underlying zoning district.
Existing f. Any requests which deviate from the aforementioned regulations shall be
subject to a special land use process (SLU).
Existing (4) Aircraft hazard.
Existing (5) Approval required from other governmental agencies.
Existing (6) FCC emissions standards.
Existing (7) Buffering.
Existing a. An eight-foot fence or wall shall .be required around the base of any
lattice tower and may be required around any accessory buildings or
structures.
Existing b. Landscaping shall be installed around the entire perimeter of any fence
or wall.
Existing c. Landscaping shall be installed around any accessory buildings or
structures.
Existing d. Equipment on monopole shall also be screened by landscaping or
screening panel.
Proposed (8) High voltage and "No Trespassing" and other warning signs.
Proposed a. If high voltage is necessary for the operation of the telecommunications
tower or any accessory structures, "HIGH VOLTAGE -DANGER"
warning signs shall be permanently attached to the fence or wall and
shall be spaced no more than forty (~10) feet apart.
Proposed b. "NO TRESPASSING" warning signs shall be permanently attached to
the fence or wall and shall be spaced no more than forty (40) feet apart.
Proposed c. The letters for the "HIGH VOLTAGE -DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in height.
The two (2) warning signs may be combined into one (1) sign. The
warning sighs shall be installed at least five (5) feet above the finished
grade of the fence.
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. Proposed,.. d. The warning signs may be attached to freestanding poles if the content of
the signs may be obstructed by landscaping.
Proposed e. Signs noting federal registration (if required) shall be attached to the
tower structure incompliance with federal regulation.
Proposed (9) Equipment storage: Mobile or immobile equipment not used in direct support of
a tower facility shall not be stored or parked on the site of the telecommunication
tower, unless repairs.to the tower are being made.
Existing (10) .Removal of abandoned or unused .facilities.
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a. Remove its own facilities.
b. Provide information that the provider's obligations for its equipment in
the right-of-way have been lawfully assumed by another provider.
c.: Submit a proposal for transferring ownership of its equipment to the
county.' The county may:
1. Assume ownership of the equipment, or
2: Require the provider to remove it, or
3. Require the provider to post a bond.
Proposed (11) Signs and advertising. The use of any portion of a tower for signs or advertising .
purposes including company name, banners, streamers, etc.; shall be strictly
prohibited.
Existing { 12) Accessory buildings ar structures..
Existing (13) Colors. ,
Existing (14) Non-interference. "
Proposed (f) Inspection report/review fee.
.Proposed (1) Telecommunications tower owners shall submit a report to the county building
division, department of development services, certifying structural and electrical
integrity on the fallowing schedule:
a. Monopole towers -once every five (5) years;
'b. Self supportJlattice towers -once every two (2) years; and
c. Guyed towers -once every two. (2) years.
Proposed (2) Inspections shall be conducted by an engineer licensed to practice in the state.
The results of such inspections shall be provided to the building division,
department of development services. Based upon the results of an inspection, the
building official tray require or removal of a telecommunications tower.
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Proposed (3) The building division, department of planning and inspections, may conduct
periodic inspections, with the cost of such inspection paid by the tower owner, of
telecommunications towers to ensure structural and electrical integrity. The
owner of the telecommunications tower may be required by county to have more
frequent inspections should there be reason to believe that the structural and
electrical integrity of the tower is jeopardized. The county reserves the right to
require additional inspections if there is evidence that the tower has a safety
problem or is exposed to extraordinary conditions.
Existing (g) Existing Towers
(1) Telecommunications antennas may be placed on existing towers:
Proposed (2) Notwithstanding the above provisions of this section, towers in existence as of
,may be replaced with a tower of equal or less visual impact
after approval by the county manager or his designee. However, if the proposed
new tower would not be consistent with the minimum standards under this
section, replacement must be approved by the county commission.
Proposed (h) Fees and charges.
(1) A filing fee in the amount of four thousand dollars ($4,000.00) shall be submitted
to the planning and inspections department upon application for site development
approval. In addition, a biennial inspection fee of one thousand dollars
($1,000.00) is due the county at the time of inspection.
Proposed (2) Public land or right-of--way lease agreements shall be established by separate
instrument.
Sec. XX-XX. Antennas not located on telecommunications towers.
Proposed (a) Antennas shall be permitted as follows:
(1) Stealth rooftop or building mounted antennas not exceeding twenty (20) feet
above roofline and not exceeding ten (10) feet above maximum height of
applicable zoning district shall be permitted as an accessory use in the following
zoning districts:
a. Convenience shopping district [twenty-four (24) feet]
b. Community shopping district [thirty-six (36) feet]
c. Regional. shopping district [thirty-six (36) feet]
d. Industrial office district
e. Industrial manufacturing district
f. Portions designated a land use as noted in e. above
g. Medium high density multiple-family
h. Community facility
i. Parks and recreation
j. Portions designated a land use as noted in i. above
k. Special utility overlay district
Proposed (2) Non-stealth rooftop or building mounted antennas shall only be permitted not
exceeding ten (10) feet above the highest point of roof of the subject building
and not exceeding the maximum height of the applicable zoning district as a
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special land use as an accessory use in the following zoning districts subject to
the procedure and requirements provided elsewhere in this chapter:
[same zoning districts as noted above in (a)(1)] .
(b) Minimum standards:. Building or rooftop antennas shall be subject to the following
minimum standards:
Proposed (1) Building rooftop stealth antennas shall be subject to the following minimum
standards.
a. No commercial advertising shall be allowed on an antenna;
b. No signals, lights, or illumination shall be permitted on an antenna,
unless required by the Federal Communications Commission or the
Federal Aviation Administration;
c. Any related :unmanned equipment building shall not contain more than
seven hundred fifty (750) square feet of gross floor area to be more than
twelve (12) feet in height, and
d. If the equipment building is located on the roof of the building, the area
of the equipment building shall not occupy more than twenty-five (25)
percent of the roof,area.
e. Approval of the director of development services to ensure consistency
with the. definition of stealth facility is required. Each application shall
contain a rendering or photograph of the antenna including, but not
limited to, colors and screening devices.
Proposed (2) Building rooftop non-stealth antennas shall be subject to the following minimum
standards:
a. Antennas shall only be permitted on buildings which are at least fifty
(50) feet tall. Antennas may be placed on buildings less than fifty (50)
feet tall in the P or CF district if public safety needs warrant the antenna;
b. Antennas may not extend more than ten (IO) feet above highest point of
a roof. Stealth antennas attached to but not above rooftop structures
shall be exempt from this provision. Antennas may exceed twenty (20)
feet above the roof in the F or CF district if public safety needs warrant
additional height;
c. .Antennas, and related equipment buildings, shall be located or screened
to minimize the visual impact of the antenna upon adjacent properties
and shall be of a material or color which matches the exterior of the
building or structure upon which it is situated;
d. No commercial advertising shall be allowed on an antenna;
e. No signals, lights, or illumination shall be permitted on an antenna,
unless required by the Federal Communications Commission or the
Federal Aviation Administration;
£ Any related unmanned equipment building shall not contain more than
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seven hundred fifty .(750) square feet of gross floor area or be more than
twelve (12) feet in height; and
g. If the equipment building is located on the roof of the building, the area
of the equipment building shall not occupy more than twenty-five (25)
percent of the roof area.
(c) Antenna types. To minimize adverse visual impacts, stealth antenna types shall be
preferred. If anon-stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the director of development services,
why the stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot be used for the
particular application. This does not preclude a combination of the various types of
antenna.
(d) Antenna dimensions. Antenna dimensions shall be reviewed by the director of
development services as required by existing technology. A statement shall be
submitted, prepared by a professional registered engineer licensed to practice in the state,
and competent to evaluate antenna choices, to certify.the need for the required
dimensions.
(e) Aircraft hazard. Prior to the issuance of a building permit by the building division
department of development services, the application shall provide evidence that the
telecommunications towers or antennas are in compliance with Federal Aviation
Administration (FAA) regulations. Where an antenna will not exceed the highest point
of the existing structure upon which it is to be mounted, such evidence shall not be
required.
(f) Exceptions. The location of a new antenna in any zoning district other than those
districts specified in this section shall be prohibited unless approved as a special land use
or as specified below:
Proposed (1) Antenna and/or microwave dishes may be located on franchised utility poles or
poles owned by the county pursuant to the following regulations:
a. The utility poles shall be located within public easements or public
rights-of--way.
b. Fees related to utility pole installation.
1. A filing fee in the amount of four thousand dollars ($4,000.00)
shall be submitted to the planning and inspections department
upon application for site development approval. In addition, a
biennial inspection fee of one thousand dollars ($1,000.00) is
due the county at the time of inspection.
2. An engineering permit fee shall be paid if the pole is replaced to
accommodate telecommunications equipment.
c. The antenna and/or dish shall be of a size and placement that is
structurally compatible with the engineering design of the pole pursuant
to the SFBC and attested to by a registered engineer.
d. The antenna or dish shall not extend more than ten (10) feet above the
existing pole height. If the pole is replaced to withstand the addition of
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telecommunications equipment, then the same restriction shall apply
except that the utility pole may be twenty (20) feet higher than the
adjacent pole heights.
e. Placement of an antenna and/or a dish on a utility pole shall only be on
poles owned or operated by a county franchisee or the county.
f. No commercial advertising shall be allowed on the antenna or dish.
g. The height restriction for utility poles within a special utility overlay
district shall lie limited to one hundred fifty (150,) feet.
(g) Fees.
Proposed (1) A filing fee in the amount of four thousand, dollars ($4,000.00) shall be submitted
to the planning and inspections department upon application for site development
approval. In addition; a biennial inspection fee of one thousand dollars
($1,000.00) is due the county at the time of inspection.
(2) Public land or right-of--way lease agreements will be established by separate
instrument:
Sec. XX-X1YX. Shared use of communication antennas.
Existing ~ (a) Notwithstanding any other provision of this article, to minimize adverse visual impacts
associated with the proliferation.and clustering of telecommunications towers, co-
location of facilities on existing or new towers shall be encouraged by:
Existing (1) Issuing permits to qualified shared facilities at locations where it appears there
may be more demand for towers than the property can reasonably accommodate;
or
Proposed (2) Giving preference to qualified shared. facilities aver other facilities in authorizing
use at particular locations..
Proposed (3) Participation in the Master Telecommunications Plan..
(b) For a facility to become a "qualified. shared facility", the facility owner must show that:
Existing (1) The facility is appropriately designed for sharing; and
Existing (2) The facility owner is prepared to offer adequate space an the facility to others on
fair and reasonable; nondiscriminatory terms.
Existing (c) To satisfy requirertients of (b)(1) of this section; the facility owner must submit a written
evaluation of the structural capacity of the tower.
Proposed (d) The requirements of (b)(1) of this section will be deemed to have been met when an
affidavit attesting to the execution, by the tower owner/operator, of an agreement to
authorize the collocation of antenna or other similar telecommunications device is
presented. A,condition of any permit for a qualified shared facility shall be that.the
permit shall be terminated, and the facility removed or turned over to the county, if the
county finds that the facility owner is not complying with its obligations under this
section and associated agreem'ents' with the county. The owner, shall have sixty (60) days
to remedy the deficiency..
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Existing (e) Co-location of communication antennas by more than one (1) provider on existing or
new telecommunication towers shall take precedence over the construction of new
single-use telecommunication towers. Accordingly, each application for a
telecommunications tower shall include the following:
Existing (1) A written evaluation of the feasibility of sharing a telecommunications tower, if
an appropriate telecommunication tower or towers is/are available. The
evaluation shall analyze one (1) or more of the following factors:
Existing a. Structural capacity of the tower or towers;
Existing b. Radio frequency interference;
Existing c. Geographical service area requirements;
Existing d. Mechanical or electrical incompatibility;
Existing e. Inability or inability to locate equipment on the tower or towers;
Existing f. Availability of towers for co-location;
Proposed g. Any restrictions or limitations of the Federal Communications
Commission that would preclude the shared use of the tower;
Proposed h. Additional information requested by the county.;
Proposed i. Capability of a tower to serve as a combined antenna support structure if
so designed by the county.
Proposed (f) A telecommunication tower that is determined to be inappropriate for sharing shall be
assumed to be inappropriate for sharing the same types of facilities in the future. Such
towers will not need to be evaluated in the future regarding sharing with the same type of
facility for which it has been determined to be inappropriate. The planning and
inspections department shall retain a list of such towers, and will provide a copy of the
list to all potential applicants. The county may require additional sharing feasibility
evaluations if warranted by changes in technology.
Proposed (g) For any telecommunications tower apprpved for shared use, the owner of the tower shall
provide notice of the location of the telecommunication tower and the tower's load
capacity to all other providers and the county's telecommunications consultant.
Proposed (h) Fees and taxes.
Proposed (1) A filing fee in the amount of four thousand dollars ($4,000.00) shall be submitted
to the planning and inspections department upon application for site development
approval. In addition, a biennial inspection fee of one thousand dollars
($1,000.00) is due the county at the time of inspection.
Proposed (2) Public land or right-of--way lease. agreements will be established by separate
instrument.
Sec. XX-XXX. Applications.
Proposed The county shall act promptly on any application submitted in accordance with the provisions of
sections through of this chapter. The reasons for rejecting any application filed under
these provisions shall be explained and set forth in writing. The rejection of an application under
this article does not prevent a person from filing an application for a special land use in
accordance with applicable law.
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Proposed Seca XX-I~I~~. Master telecommunications plan.
As an alternative to the foregoing provisions, an applicant for a wireless telecommunications
facility rimy elect to participate.in the, Orange County's Master Telecommunications Plan
("Plan"). The county shall develop and adopt a plan which specifies sites within the city where
an applicant may construct a wireless telecommunications facility by seeking issuance of a
building permit in accordance with the specifications set forth in the plan for that particular site.
Participants in the plan shall not be required to have a public. hearing on any proposed facility
included in the plan and will not be assessed the development review fee.in subsection ,
but will be required to pay the applications fees provided in this section.. The courity shall use
signal propagation methods and professional engineers,qualified in this discipline and assure
compliance with all federal, state and local regulations. Upon completion, the plan shall be
presented to the county's planning and zoning board for recommendation, and to the county
commission for adoption: ,After adoption, the applicant may apply for necessary building permits
on an as needed basis. Should the need occur for modifications after the approval of the plan, the
applicant may.petition the county for such modifcations but an additional fee of
shall be assessed.
(1)
(2)
Information to be provided. All applicants who elect to participate in the plan
shall provide all necessary and requested information to the county's .
telecommunications consultant, which information shall include that set forth iri
subsection ,;for each telecommunications site which it currently operates
within the county as well as:each site which it reasonably believes it will require
within the county for the next five (5) years.
Applicant fee required. The fee for participation in the plan shall be
per applicant, which shall be a one-time fee for review of all
existing arid proposed facilities in the county. The applicant will not be required
to pay the development review fee required under subsection but will be
required to pay the biannual inspection fee required thereunder. Such payment
shall be made at the time of provision of the information set forth in subsection
(1) above.
All sites specified in the plan shall: be deemed permitted sites pursuant, to subsection for
the construction of wireless communications towers without the necessity of further public
hearing. For those sites specified on the plan which are on property awned or controlled by the
county (regardless of zoning classification), the applicant shall, prior to seeking a building permit
for such facility, negotiate and execute a lease agreement with the county for such site upon
terms and conditions which are acceptable to the county.
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