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Agenda - 01-23-2014 - 5b
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Agenda - 01-23-2014 - 5b
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Last modified
9/23/2014 2:52:08 PM
Creation date
1/24/2014 2:10:03 PM
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BOCC
Date
1/23/2014
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5b
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Minutes 01-23-2014
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
ORD-2014-002 Unified Development Ordinance Text Amendment Related to Telecommunication Facilities
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2014
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4 <br /> B. RATIONALE <br /> 1 Purpose/Mission <br /> ..............."I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""I'll""I'll",'ll""I'll""II............... <br /> In accordance with the provisions of Section 2.8 Zoning Atlas and Unified <br /> Development Ordinance Amendments of the UDO, the Planning Director has <br /> initiated text amendment(s) to incorporate recent changes in State Law, specifically <br /> Session Law 2013-185, related to the processing and review of applications for new <br /> telecommunication facilities or equipment/antenna change outs. <br /> The Session Law, adopted on June 26, 2013 modifies establishes new criteria related to <br /> the processing of applications, including- <br /> 1. Local governments can no longer require information concerning the specific <br /> need for the proposed wireless support structure, including if the proposal <br /> seeks to add additional wireless coverage or capacity, as part of the <br /> application package. <br /> 2. Local governments cannot require 'proprietary, confidential, or other business <br /> information' to justify the need for a new telecommunication facility. <br /> 3. Limits the fee local governments can collect for a consultant to review <br /> applications for co-locations (i.e. equipment change out) to $1,000.00. <br /> 4. Mandates review timelines/dead lines for a local government to act on co- <br /> location applications. The Session Law establishes a 45 day time limit on <br /> review so long as the application is complete. <br /> 5. The law establishes 'exemptions' for certain modifications to <br /> telecommunication facilities from a zoning review process. <br /> A copy of the Session Law was provided with the November 25, 2013 quarterly <br /> public hearing package in Attachment 2. The agenda packet can be viewed utilizing <br /> the following link- http://orangecountync.gov/occlerks/131125.pdf. <br /> 2. Analysis <br /> As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br /> `cause an analysis to be made of the application and, based upon that analysis, <br /> prepare a recommendation for consideration by the Planning Board and the Board of <br /> County Commissioners'. <br /> The amendments are necessary to ensure Orange County's process is consistent with <br /> recent changes in State Law. <br /> 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br /> N/A <br /> 4. New Statutes and Rules <br /> Session Law 2013-185 An Act to Facilitate the Deployment of Mobile Broadband and <br /> other Enhanced Wireless Communication Services by Streamlining the Processes <br /> Uses by State Agencies and Local Governments to Approve the Placement of <br />
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