AR25-042 Staff Decision - Laserfiche WebLink

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1. Technical and engineering feasibility; 2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; 3. Lack of available urban and nonresource lands; 4. Availability of existing right-of-way; 5. Public health and safety; and 6. Other requirements of state and federal agencies. a. Costs associated with any of the factors listed above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar. b. The owner of a utility facility approved under this section shall be responsible for restoring to its former condition as nearly as possible any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing upon a contractor the responsibility for restoration. c. The applicant shall address the requirements of MCC 17.136.060(A)(1). d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660- 011-0060(1)(f) in a special agriculture zone shall be subject to the provisions of OAR 660-011-0060. e. The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. f. If the criteria contained in this subsection (I) for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult. The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. For the purposes of this subsection: i. “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet. ii. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users. In the applicants’ statement, they provided responses to several of the criteria above as to why the proposed wireless communication facility must be located at the proposed location. They explain that wireless communication facilities are locationally dependent because they need to be located such that they provide a “continuous mesh of signal coverage” to “maximize coverage in areas lacking coverage but close enough to other sites of allow ‘handoff’” of calls and data to other towers in the network. Placing wireless communication towers on top of hills reduces interference of the signal, which works for the proposed location as it is in an area cleared for farm use and contains an isolated ridge which is a high point in the local topography. The applicant also points out that the proposed location is outside of the historically farmed area of the parcel and is within an area recently cleared oak grove. As such, the proposal will have less of an impact on farming in this location compared to others in the area that are dedicated to farm uses. Even further, the applicants state that the tenant owner of the proposed facility agrees to restore damaged areas to their former condition as a condition of approval. Lastly, the applicant addresses that while there are other non-resource zoned parcels in the area (there are several AR zoned