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2 <br /> <br />B. RATIONALE <br />1. Purpose/Mission <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/deadlines 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 /> <br /> <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 /> <br />3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br />N/A <br /> <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 />58