Orange County NC Website
State regulations, specifically NCGS 153A-349.52, were modified as follows: <br />Allow for the approval of new towers without an evaluation of an applicant's business <br />decisions concerning designed service, customer demand for its service, or the quality of <br />its service to, or from, a particular area or site. In other words, "spec." towers, if they <br />meet all other standards, cannot be denied. [However, no building permit for the tower <br />has to be issued without an identified service provider.] <br />2. Require that Special Use Permits be valid for at least two (2) years. <br />3. Establish a streamlined process to be applied to all collocation processes. <br />4. Not include requirements relating to radio frequency emissions of wireless facilities as a <br />public safety issue for county review. <br />5. Require that consulting fees and other county charges associated with a <br />telecommunication wireless facility be based on the costs of services provided and such <br />costs shall no exceed what is usual and customary with this issue and shall be fixed in <br />advance. <br />6. Revise several of the basic definitions used for telecommunication wireless facilities. <br />In reviewing these changes, staff has determined that the current review and approval process <br />governing telecommunication wireless facilities needs revision in order to be compliant with <br />current State law. Staff proposes to amend the existing sections of the Ordinance as proposed <br />on Attachment 1 in order to address this discrepancy. <br />The proposed amendments address the six (6) items listed above and, on the advice of the <br />County's telecommunications consultant, address the following additional issues: <br />1. Comprehensive informational requirements, <br />2. Comprehensive standards for evaluation, <br />3. Listing of facilities not requiring a Special Use Permit, <br />4. The intent of the annual meeting, <br />5. Detailed information for review, <br />6. Improve balloon test requirements, and <br />7. Detailed requirements of approval <br />This proposed amendment is extremely critical to ensure that Orange County's adhering to <br />proper procedure when reviewing/taking action on these applications. <br />At its, regular May 7, 2008 meeting, the Planning Board voted unanimously to recommend <br />adoption of the amendments to the Zoning Ordinance dealing with wireless telecommunication <br />facilities. <br />RECOMMENDATION: (Planning Staff): The Planning staff recommends that the BOCC adopt <br />amendments to the Zoning Ordinance pertaining to wireless telecommunication facilities. <br />