TITLE: Title
Public hearing on Land Use Ordinance Amendments Relating to Cell Towers
PURPOSE: The purpose of this item is for the Board of Aldermen to consider amending the Land Use Ordinance to conform the provisions dealing with cell towers to recent changes in federal and state legislation. A draft ordinance has been prepared. The Board must receive public comments before taking action on the draft ordinance.
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon - 919-918-7325; Mike Borough - 919-929-3905
INFORMATION: Federal legislation in 2012 broaden the federal preemption of local regulation of cell tower modifications, for requests that do not "substantially change" an existing tower or base station. During the 2013 Session, the North Carolina legislature adopted S.L. 2013-185 (H 664) which amends G.S. 160A-400.50 to G.S. 160A-400.53 and G.S. 153A-349.50 to G.S. 153A-349.53 to conform state law to the federal changes.
The provisions associated with changes to the regulations of cellular towers limit the ability of local government to restrict minor changes to existing towers, such as collocating additional antennas and increasing the height of existing towers ten percent or less. Local governments have forty-five days to determine if an application for a minor modification, termed "eligible facility request" by the state statute, qualifies as a minor modification and if the application is complete. A decision to approve or deny the application must be made within forty-five days of the application being deemed complete.
The Town Attorney has prepared a draft ordinance (Attachment B) which, if adopted, would amend Subsection 15-176, Towers and Antennas, in accordance with federal and state legislation. The draft ordinance was presented to the Planning Board at its November 7, 2013 meeting and was submitted to Orange County. Comments are provided (Attachment D).
FISCAL & STAFF IMPACT: Public hearings involve staff and public notice costs associated with advisory board and Board of Aldermen review.
RECOMMENDATION:r Staff recommends that the Board of Aldermen consider the resolution finding consistency, and the draft ordinance provided in the attachments.