A controversial 911 tower built on property in the Orchard subdivision is nearing completion. According to Habersham County Radio System Administrator Tom Priddy, the civil work is nearly complete with just a few minor clean-up items still remaining. “The tower is not currently operational,” he said. “The antennas and microwave dishes should be installed within the next six weeks hopefully.”
Controversy begins
The tower became a source of contention in 2023 when the Habersham County Commission sent a letter to the Orchard Property Owners Association. The letter informed the homeowners association (HOA) that the county would proceed with construction of the public safety tower. The property lies just inside The Orchard Golf and Country Club between Cider Ridge and Bear Gap Road.
During the April 2023 commission meeting, several property owners spoke out against the tower’s placement in the community. They outlined three main concerns about the tower; safety, aesthetics, and property covenants.
SEE RELATED: Chairman’s letter spells out county’s intent to build 911 tower in The Orchard
Property owner Richard Rumble was the most vocal during that meeting outlining the safety factors concerning radio frequency that would be emitted from the antennas and the microwave dishes. He argued that having the tower in the Orchard would have an effect on property values. He also stated that all of the property owners in the Orchard have to abide by the HOA’s covenants. The placement of the tower on the property, even if owned by the county, violated the covenants of the HOA.
The county contended in its letter to the HOA that it was not bound to the covenants as established by the HOA.
Lawsuit
In July of 2023, the HOA filed a lawsuit and a motion for a restraining order on July 3. The HOA claimed the proposed tower violated Orchard covenants and a county ordinance and will pose a health hazard and harm property values.
SEE ALSO: Orchard Property Owners Association denied injunction, 911 tower construction proceeds
However, in December 2023, Superior Court Judge William Oliver ruled against the HOA. He acknowledged harm to the property owners association but emphasized that denying the tower’s construction would harm public interests significantly.
The court concluded that the association was not entitled to a temporary and interlocutory injunction. The ruling paved the way for the county to move forward with construction of the tower.
Construction begins
The county applied for the construction permit for the 190 foot tower just days after the ruling on Dec. 6, 2023. It was issued on Jan. 29, 2024.
SEE ALSO: County moves forward with 911 tower in The Orchard
Now that the tower has been built, Rumble admits that it hasn’t made much of an impact at this point. “The tower has not had much impact on the Orchard from a visibility perspective. The tree line blocks the tower from the valley below,” he said. “The only section in the Orchard which has an unsightly view of the tower is Orchard Hills Drive, which is largely undeveloped.”
However, he still has concerns about the radio system and possible future uses of the tower. “The main concern moving forward is signal RF strength and health concerns and future use of the tower for commercial cell phone communications which would further violate the covenants,” Rumble said.
