The Town of Kill Devil Hills is blessed with natural features and a rich history that is treasured by residents and visitors alike. The town's boundaries largely follow two of these natural features: the Atlantic Ocean on the east, and Albemarle Sound on the west. Positioned on the flat, narrow thread of land between these two waterways, the town confronts peculiar challenges with respect to the use of land. One such challenge is balancing the need to transmit electricity along the entire length of the town against the recreational, historical and esthetic values of this barrier island community. The Kill Devil Hills Board of Commissioners find that establishing a single corridor for all above-ground electrical transmission lines within the town accommodates these competing factors. In addition to the foregoing, the Kill Devil Hills Board of Commissioners declares the purposes and intent of this subchapter to be as follows:

   (A)   To preserve and enhance scenic views of the Ocean, the Sound, the Wright Brothers' National Park and other natural and historical venues;

   (B)   To prevent the proliferation of unsightly overhead transmission lines, towers and related structures;

   (C)   To encourage the co-location of overhead transmission lines;

   (D)   To protect the environment;

   (E)   To safeguard and enhance property values and to protect public and private investments;

   (F)   To preserve and protect the unique identity of the town and the economic base attracted to the town by such factors: and

   (G)   To ensure that utility providers desiring to transmit electrical power through the use of above-ground transmission lines, towers and related improvements have a clearly-defined procedure for locating and relocating such improvements.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   The requirements of this subchapter shall apply to all land public and private located within the boundaries of the town. This subchapter does not apply to underground electric transmission lines.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   Above-ground electric transmission lines, connected to a common system of linear towers and other appurtenant structures (collectively, an overhead transmission system) may not be constructed, erected, moved, substantially altered or otherwise used except in accordance with this subchapter.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   (A)   The applicant shall apply for a special use permit as outlined in § 153.362.

   (B)   Construction of an overhead transmission system requires approval of a single application of a transmission system (TS) special use permit application, which shall be reviewed by the Board of Commissioners through a quasi-judicial process.

   (C)   Construction of an overhead transmission system also shall require the approval of an application for a TS special use permit. The application for the TS conditional use permit shall specify the nature of the proposed overhead transmission system and shall propose:

      (1)   Conditions to ensure compatibility between the overhead transmission system and the surrounding area, and

      (2)   Satisfy the requirements of § 153.287.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   Issuance of a TS special use permit authorizes the applicant to commence the activity resulting in a change in use of land and commence work on the construction, erection, moving, or substantially altering an overhead transmission system. No overhead transmission system shall be constructed or used until all of the requirements of this subchapter and all additional requirements imposed pursuant to the issuance of a TS special use permit have been complied with.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   (A)   All applications for TS special use permit must be complete before the Board of Commissioners is required to consider the application.

   (B)   Subject to division (C) below, an application is complete when it contains all the information necessary for the Board of Commissioners to decide whether or not the overhead transmission system, if completed as proposed, will comply with all of the requirements of this subchapter.

   (C)   It is not necessary that detailed or technical design drawings be provided to determine compliance, so long as information contained in the plans and other written materials will allow the Board of Commissioners to evaluate the application for compliance with the requirements set forth in this subchapter.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   (A)   An application for a TS special use permit shall be submitted to the Board of Commissioners by filing a copy of the application in accordance with § 153.362.

   (B)   The Board of Commissioners shall not approve a TS special use permit unless it first conducts a public hearing in the manner provided in §153.362 and shall only authorize issuance of the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the overhead transmission system:

      (1)   Will not materially endanger the public health, safety, or welfare;

      (2)   Will not injure the value of property in the vicinity of the proposed overhead transmission system;

      (3)   Will be in harmony with the area in which it is to be located;

      (4)   Will be in general conformity with the comprehensive plan; and

      (5)   Will not result in the existence of more than one overhead transmission system through the town for a period of greater than one year.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   (A)   Before the Board of Commissioners issues or denies a request for a TS special use permit, the application shall be referred to the Planning Board for action in accordance with §§ 153.357 and 153.358. At the request of the Planning Board, the Board of Commissioners may continue the public hearing to allow the Planning Board more time to consider or reconsider the application.

   (B)   When presented to the Planning Board, the application shall be accompanied by a report setting the planning staff's proposed findings concerning the applications' compliance with all the requirements of this subchapter. If the planning staff report proposes a finding or conclusion that the application fails to comply with any requirement of this subchapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

   After observing the applicable procedures for consideration of application for a TS special use permit, the Board of Commissioners may, by a simple majority, act on a motion in accordance with § 153.362(E) and (F).

(Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)