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January 26, 2004 Page 352 representatives would meet with the applicants to review regulations and obtain all needed information concerning the proposed facilities. Trigon engineers would then make a recommendation to the Planning and Zoning Con, mission for either approval or denial of the application and would serve as expert witnesses as needed. Mr. Williams and Mr. Lentz responded to questions regarding the proposed three-year contract for consulting services relating to the wireless telecommunications facilities and the cost of those services. Mr. Lentz reiterated that the cost would be borne entirely by the applicant and pointed out the proposed Resolution adopting the interim application process requires that an application for telecommunications facilities be accompanied by a payment of $8,500.00 for the consulting costs. The County will place that money in an escrow account and use those funds to pay for the consulting services. UPON MOTION of Commissioner Privette, seconded by Vice Chairman Suggs and unanimously carried, the Board approved the Agreement between The Center for Municipal Solutions and Cabarrus County for services provided in regards to wireless telecommunications facilities and adopted the following Resolution, with the Agreement and Resolution subject to review and modification by the County Attorney. Further, the Board authorized the County Manager to sign the contract with The Center for Municipal Solutions. Resolution No. 2004-06 A Resolution Adopting an Interim Application Process for Wireless Telecommunications Facilities In Lieu of Moratorium The Best of Both Worlds - Everyone Wins WHEREAS, by the enactment of the Telecommunications Act of 1996, there is anticipated continued substantial growth in the erection of wireless telecommunications facilities; and WHEREAS, there has been discussion concerning the construction and impact of such facilities within the County of Cabarrus; and WHEREAS, there are significant shortcomings with respect to the County's current regulatory mechanism regarding wireless facilities, especially as regards the impact of the facilities on the community and controlling and minimizing such impact and assuring the safety of towers and wireless facilities; and WHEREAS, the County wishes to implement, revise or replace an ordinance to more effectively protect the health, safety and welfare of the community, and to remove or change certain sections pursuant to recent case law to assure the orderly development of wireless technology in the community, including but not limited to the development of procedures governing the filing of an application, for reviewing and analyzing an application, and for granting a permit to construct, modify and use wireless telecommunications facilities or other tall structures for the purpose of providing wireless communications services; and WHEREAS, a reasonable time for the County to complete its aforementioned review, and for the City/County/Town to enact any required legislation resulting therefrom is deemed to be ninety (90) days from the date such local law enacting said Interim Application Process is adopted; and WHEREAS, the County has no pending formal applications for wireless telecommunications facilities that it has formally accepted; and WHEREAS, this Interim Application Process is not meant to be prohibitive or exclusionary in nature, during the pendancy of the adoption of the new/revised/updated regulations, applications for a building permit, special use permit or site plan approval, or use variance or other necessary County approval for a monopole, lattice tower or other telecommunications antennae installations, including, but not limited to cellular/PCS antennae installations, shall be accepted and processed by the County. However, in accepting an application during the period of this Interim Application Process any application must be accompanied by payment of $8,500.00 for consulting costs to assist the County in evaluating the application, and further, if a permit is issued it will be issued pursuant to any changes in the City/County/Town Code and that any unexpended balance of the deposit shall promptly returned at the conclusion of the application process. BE IT ENACTED by the County of (Cabarrus) as follows: Section 1. A three (3) month Interim Application Process, effective upon the date of adoption of this local ordinance There is hereby enacted a ninety (90) day Interim Application Process for the issuance of permits by the County of Cabarrus on applications for the construction of wireless telecommunications towers, facilities and related facilities.