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<br /> DRAFT
<br /> 109 ordinance was last amended by Orange County in 2011 but in total, it reads like a state-of-the-art
<br /> 110 1988 ordinance, and since 1988,the technology has changed,the laws have changed, and the
<br /> 111 US Code and the North Carolina General Statutes require that local governments do certain
<br /> 112 things about cell towers in their zoning ordinances, so some of these changes are mandatory.
<br /> 113 The Federal Communications Commission also has jurisdiction, and they issue orders and rules,
<br /> 114 and they're mandatory. So, some of this is trying to rationalize all the things that the county has to
<br /> 115 follow because they don't necessarily agree with each other. So,we did that. Another goal was to
<br /> 116 take feedback from the staff about what worked in the ordinance that you have now, and there
<br /> 117 were things that seemed like a good idea in the 20th century that either weren't used or didn't
<br /> 118 work out the way they were intended. For example, there's a provision in your current ordinance
<br /> 119 that the planning staff and the industry all get together and have a meeting every year to talk
<br /> 120 about where towers are needed,where they'll be built in Orange County,what's going to happen
<br /> 121 in the next year. That's not mandatory. That's kind of died on the vine. That was deleted. That's
<br /> 122 an example of things that came out. So,what's changed is the number and kind of structures and
<br /> 123 towers that staff can improve are increased, and that's because the federal government and the
<br /> 124 North Carolina Legislature have established deadlines for approvals, and some of the deadlines
<br /> 125 are so tight, that means that the staff has to approve things. The number of towers that require
<br /> 126 special use permits has been reduced and now special use permits are only required for towers
<br /> 127 215 feet or taller, and it looks like there won't be very many of those in the future because the
<br /> 128 technology is going to smaller towers to accommodate increased bandwidth for the 5G networks.
<br /> 129 There are incentives for disguised towers,for stealth towers,for monopoles in terms of the
<br /> 130 procedures are somewhat streamlined if you ask for those. The procedures are somewhat
<br /> 131 streamlined if you build a tower on publicly owned property. Some, some new uses were added,
<br /> 132 particularly small cell wireless facilities which are a mandate from the General Assembly. A few
<br /> 133 years ago, North Carolina adopted a model ordinance for 5G structures, and it was adopted in 19
<br /> 134 or 20 other states last time I looked, probably more now. The idea was that there would be a big
<br /> 135 quick build-out of small 5G towers. That didn't happen. So,there is a provision in here which is
<br /> 136 required by general statute that the staff will approve pretty quickly any small wireless cell
<br /> 137 structure up to 50 feet tall located in a public right-of—way. This has made a lot of consternation in
<br /> 138 places like Carrboro because they don't want to have their right-of-way full of 50-foot towers
<br /> 139 necessarily. Luckily, the county doesn't own roads, so that's not the county's problem. That's
<br /> 140 DOT's problem. In the general statutes,there's three pages of rules about siting small cell
<br /> 141 wireless in counties and in cities,and cities own roads, counties don't. There's one paragraph for
<br /> 142 DOT, and it says DOT will allow this. DOT will make some rules, make with happen. So that's in
<br /> 143 here because it has to be in here, but I don't think it will have much of an effect on Orange County.
<br /> 144 The aversion of the federal and state deadlines which are called shot clocks in the industry are in
<br /> 145 a table in the ordinance. The ordinance includes the definitions from the general statutes almost
<br /> 146 verbatim because those are terms of art. We could write new definitions that would just confuse
<br /> 147 everybody, so the general statutes definitions are in here. We got in feedback from Liz Hill from
<br /> 148 American Tower and made some changes that she suggested. We have feedback from the CTIA,
<br /> 149 the Industry Association. You have their letter. You have our response. We made changes in
<br /> 150 response to their comments, and I think that six amendments are made all together. We think we
<br /> 151 have addressed that. I want to thank,since Liz is here, I want to thank her for her,for her input
<br /> 152 and, again, I'm happy to answer any questions.
<br /> 153
<br /> 154 Lydia Lavelle: I just want to say, this is an area of law that was new to me. I've had a crash course the last
<br /> 155 9 months at the foot of the master here, and I do think that,when you look at the old ordinance
<br /> 156 and the way it's been rewritten and streamlined,as one who has spent time looking at this over
<br /> 157 the years, I think it's much more logical, it's not only equivalent now with North Carolina law and
<br /> 158 federal law, but it's just a lot easier to follow in the way it's all laid out.
<br /> 159
<br /> 160 Lamar Proctor: Okay, great. Does anyone have any questions?
<br /> 161
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