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Moratorium 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 This AAA day of v __x__-.20 D� o'clock �n Re 'ter of Deeds t e��