HomeMy WebLinkAboutMoratorium 90 day Processing Certain Land Use Permits OrdinanceOrd r ahcc t3ooh a pale Ia 8
AN ORDINANCE ESTABLISHING A NINETY (90) DAY MORATORIUM
ON THE PROCESSING OR ISSUANCE OF CERTAIN LAND USE PERMITS
FOR COMMUNICATION TRANSMISSION TOWERS
IN HARNETT COUNTY
AS ADOPTED BY THE HARNETT COUNTY COMMISSIONERS
ON
OCTOBER 2, 2000
HARNETT
COUNTY NC
Book
1442
Pages
0823 -0826
FILED
4 PAGE(0(
10/02/2000
1:03 PM
KIMBERLY S.
RARGROVE
Register Of
Deeds
AN ORDINANCE ESTABLISHING A NINETY (90) DAY MORATORIUM
ON THE PROCESSING OR ISSUANCE OF CERTAIN LAND USE PERMITS
FOR COMMUNICATION TRANSMISSION TOWERS
IN HARNETT COUNTY
WHEREAS, the Harnett County Planning Board (Planning Board) in conjunction with the Harnett
County Planning Department (Planning Department) in fulfilling its obligations of developing and
recommending responsible development planning policies and ordinances for the benefit of Harnett
County, has determined that certain regulations on the development of communication transmission
towers located in Harnett County, N. C. are necessary in order to promote the health, safety and
general welfare of Harnett County and its residents; and
WHEREAS, the Planning Board and Planning Department have researched the development of
communication transmission towers in Harnett County and the surrounding areas and have found
that with the rapid advances and growth in communications technology and the advent of greater
demand and competition in communication transmission services that the development of
communication transmission towers has accelerated and said development will only increase in the
future; and
WHEREAS, in order to insure that the development of communication transmission towers in
Harnett County is orderly, safe and conforms to the County Comprehensive Land Use Plan and good
land use planning principles, the Planning Board and Planning Department have conducted research
and the compilation of certain regulations which would control the development of communication
transmission towers in Harnett County; that due to the increased demand for land use permits in the
location and construction of communication transmission towers in Harnett County, the Planning
Board at its regular meeting on September 5, 2000 unanimously recommended that the Harnett
County Board of Commissioners consider, issue and decree a moratorium not to exceed ninety (90)
days on the processing and issuance of any land use or development permits for the location,
construction and installation of any new communication transmission towers in Harnett County or
the expansion or increase in size of any communication transmission towers currently located in
Harnett County; that the purpose of this moratorium is to give the Planning Board and the Planning
Department additional time to study the impacts that such towers have on land use compatibility,
visual appearance, environmental issues and the health, safety and welfare of the County citizens and
to finalize their efforts in compiling and drafting a proposed ordinance on the development of
communication transmission towers. Such a moratorium would also allow the opportunity for any
proposed ordinance to be reviewed and public comment received regarding its terms; and
WHEREAS, the Board of Commissioners desires through this Ordinance to implement said
moratorium on the development of communication transmission towers pursuant to the Planning
Board's recommendation.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Commissioners of the
County of Harnett, N. C. as follows:
Beginning on the adopted date of this Ordinance, namely October 2, 2000, a moratorium shall go
into effect with the following provisions:
All County departments, boards, agencies and employees in the area of planning,
utility and environmental health shall cease and desist from processing conditional
use applications or issuing any development or land use permits for the location,
construction or installation of any new communication transmission towers in
Harnett County or the expansion or increase in size of any communication
transmission tower currently located in Harnett County. This moratorium shall exist
for a period of ninety (90) days beginning on October 2, 2000 and ending on
December 31, 2000 unless an Ordinance regulating the development of
communication transmission towers is enacted by the Harnett County Board of
Commissioners and it becomes effective during the 90 day moratorium period at
which time the moratorium shall terminate.
For purposes of this moratorium, a "communications transmission tower" is defined as:
Any tower, pole, or similar structure fifty (50) feet or more in height, used to support
one or more antennas, including self - supporting lattice towers, guyed towers, or
monopole towers. The term includes radio and television transmission towers,
personal communications service towers (PCS), microwave towers, common carrier
towers, cellular telephone towers, and alternative structures.
This ordinance shall be known and may be cited as the Harnett County Communication
Transmission Towers Development Moratorium Ordinance (October 2, 2000). It is adopted under
authority granted by the General Assembly of the State of North Carolina particularly N.C. Gen. Stat.
Chapter 153A, Article 18.
Duly adopted this 2 "d day of October, 2000.
Clerk to the Board
RNETT COUNTY BOARD OF COMMISSIONERS
/3. .e�
i B. Andrews, Chairman
4
NORTH CAROLINA
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify that Dan B. Andrews personally
came before me this day who being by me duly sworn, deposes and says: that he is the Chairman
of the Harnett County Board of Commissioners and Kay Blanchard is the Clerk of said Board, that
the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument
was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of
the Board of Commissioners of said County, and the said Dan B. Andrews acknowledged said
instrument to be the act and deed of Harnett County.
Witness my hand and official stamp (
My Commission Expires: � � 1 u b )
No�tt, Carorina htamatt Cour* D e G n n q �; z9 eia f
The oregoing c lificale /a� t
Notary Putlic (Notarielss PAublic) Were certified to be
correct. This Instrument was press t d o registratf
and rgcorQsd in this otfj�5o t ook page I �? b
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