OCPB agenda 120413 - Laserfiche WebLink

Browse Search

ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: December 4, 2013 Action Agenda Item No. 9 SUBJECT: UDO Text Amendment Related to Telecommunication Facilities DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance Amendment Outline Form (UDO/Zoning 2013-03) 2. UDO Amendment Package Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To make a recommendation to the BOCC on a Planning Director initiated text amendment(s) to the Unified Development Ordinance (UDO) incorporating recent changes in State law related to the review and permitting of telecommunication facilities. BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing where staff indicated Session law 2013-185, adopted on June 26, 2013, has modified how local governments process new telecommunication tower applications, including: • A prohibition on requiring information related to the specific need for a proposed telecommunication facility, including the addition of additional wireless coverage or capacity, as part of the application package. While the County can still request this information we cannot require it nor can we find an application is ‘deficient’ when it is not submitted. • Limits the fee local governments can collect for a third party consultant to review applications for co-locations. • Mandatory review timelines/deadlines for local governments to act on co-location applications. • Establishing standards allowing for increases in overall tower height under certain conditions as being ‘permitted by right’. Agenda packet materials from the hearing can be accessed via the following link: http://orangecountync.gov/occlerks/131125.pdf. Please refer to Section C.1 (c) of Attachment 1 for a synopsis of comments made during the hearing. Attachment 2 contains the proposed amendments with additions shown in red text and proposed deletions are shown in red strikethrough text as well as footnotes documenting the rationale for the proposed modification. Modifications suggested by the County Attorney’s office, received after the public hearing packet was prepared and mailed, are denoted in underlined bold green text. Procedural Information: In accordance with Section 2.8.8 of the Unified Development Ordinance, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board’s recommendation. Additional oral evidence may be considered by the 55