This article may be known and cited as the "Wireless Telecommunications Facilities Siting Ordinance for the Town of Amherst."

(Zoning Ord. 2003, § 18.1-914.2)

For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number.

Alternative tower structure means manmade trees, silos, clock towers, bell steeples, light poles, utility poles, buildings, and similar alterative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

Co-locate means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.

Height, when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lightning rod.

Small cell facility means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes television transmission towers, microwave towers, common-carrier towers, wireless communications towers, alternative tower structures, and the like.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

(Zoning Ord. 2003, § 18.1-914.4)

The purpose of this article is:

(1)

To encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community;

(2)

To strongly encourage the joint use of new and existing tower sites, and use of existing utility transmission rights-of-way;

(3)

To encourage towers located in areas where the adverse impact on the community is minimal;

(4)

To encourage users of towers and antennas to locate, design, and configure them in a way that minimizes their adverse visual impact, and makes them compatible with surrounding land uses, to the extent possible;

(5)

To provide adequate sites for the provision of wireless communication services with minimal negative impact on the county's resources;

(6)

To encourage public/private partnerships, where possible, that promote the county's communications needs, especially fire and emergency rescue services; and

(7)

To strongly encourage the use of monopoles and camouflage for towers located in or near residential areas.

(Zoning Ord. 2003, § 18.1-914.1)

(a)

Notwithstanding any other provision in this chapter, small cell facilities are permitted by right in all zoning districts subject to the following standards:

(1)

The small cell facility is installed by a wireless services provider or wireless infrastructure provider on an existing structure;

(2)

The wireless services provider or wireless infrastructure provider has obtained permission from the owner of the existing structure to co-locate the small cell facility on the existing structure and to co-locate the associated transmission equipment on or proximate to the existing structure;

(3)

The wireless services provider or wireless infrastructure provider notifies the town; and

(4)

A building permit is approved.

(b)

Permit applications for small cell facilities will be reviewed and approved as follows:

(1)

Permit applications for the installation of small cell facilities will be approved or disapproved within 60 days of receipt of the complete application. The 60-day period may be extended by staff upon written notification to the applicant, for a period not to exceed an additional 30 days.

(2)

Within ten days of receipt of an application and a valid electronic mail address for the applicant, the applicant will be sent an electronic mail notification if the application is incomplete. If the application is determined to be incomplete, the notification will specify the missing information which needs to be included in a resubmission in order to complete the application.

(3)

Any disapproval of the application will be in writing and accompanied by an explanation for the disapproval. The disapproval may be based only on any of the following reasons:

(i)

Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities.

(ii)

Public safety or other critical public service needs.

(iii)

If the installation is to be located on or in publicly owned or publicly controlled property, aesthetic impact, or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property. If the installation is to be located on privately owned structure and the applicant does not provide an agreement from the owner of the structure.

(a)

Notwithstanding any provision to the contrary, telecommunication facilities that do not exceed, as installed, 50 feet in height, are permitted by right under this chapter, but shall require:

(1)

Administrative review for the issuance of a zoning permit; and

(2)

Submission to and approval by the planning commission of the general or approximate location, character, and extent of the facility as being substantially in accord with the town's adopted comprehensive plan or part thereof, unless the facility is already shown on the adopted master plan or part thereof or is deemed so under Virginia Code § 15.2-2232(D).

(b)

Amateur radio and receive-only-antennas. These regulations do not govern any tower, or the installation of any antenna, that is operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas for amateur radio station operation.

(c)

Existing structures and towers. The placement of an antenna on or in an existing structure such as a building, sign, light pole, utility pole, utility tower, or tower, water tank, or other free-standing structure is permitted without a special use permit so long as the addition of the antenna does not add more than 20 feet or 25 percent, whichever is less, to the height of the structure, and does not require additional lighting pursuant to Federal Aviation Administration or other applicable requirements. Additional structures/equipment needed in connection with the antenna may be placed so long as it is placed within the existing structure or property. Building permits are required.

(d)

No special use permit shall be required for telecommunications facilities such as antenna removal, replacement or installation, wiring, electronic gear and ground-mounted facilities associated with wireless telecommunication towers existing on or before the effective date of this ordinance or on a wireless telecommunication tower for which a special use permit has been obtained.

Permit application fees under this article shall be as follows:

$100.00 each for up to five small cell facilities on a permit application; and

$50.00 for each additional small cell facility on a permit application;

$500.00 for wireless telecommunications facilities (other than small cell facilities) under 50 feet in height;

$5,000.00 for any other wireless telecommunications facility.

(a)

Principal or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot does not preclude the installation of antennas or towers on the lot.

(b)

Design. These requirements govern telecommunication facilities:

(1)

Towers must either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral color, to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos.

(2)

At a facility site, the design of the buildings and related structures must, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunication facilities to the natural setting and surrounding structures.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers cannot be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the town may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

No advertising may be placed on the telecommunication facility unless as part of retrofitting an existing sign structure.

(6)

To permit co-location, a tower should be designed and constructed to permit extensions to a maximum height of 199 feet, except as otherwise provided in an approved conditional use permit.

(7)

Towers must be designed to collapse, in case of structural failure, within the lot lines, and the fall zone must be located entirely on the property the tower is located on.

(8)

Except where the provisions of an approved special use permit or other government regulation restricts the tower height, or where a stealth design is used, an engineering report, certifying that the proposed tower is compatible for co-location with a minimum of four users, including the primary user, must be submitted. If the tower height is restricted, or a stealth design is used and the tower cannot accommodate four facilities, then a report must be submitted that describes the design limitations for co-location.

(c)

Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the federal government with the authority to regulate towers and antennas. This requirement includes meeting all Federal Communications Commission regulatory emission standards.

(d)

Building codes. To ensure the structural integrity of towers, the tower owner must ensure that it is designed and maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations. A building permit is required.

(e)

Access to the site. Site access to monopole towers must be, at a minimum, a 12-foot wide gravel access road designed to support 75,000 pounds with four feet of clearance on either side. Lattice towers must have, at a minimum, a 20-foot wide gravel road designed to support 75,000 pounds.

(f)

Security fencing. Towers are required to be enclosed by security fencing not less than six feet high and equipped with an appropriate anti-climbing device.

(g)

Landscaping. Landscaping is required as follows:

(1)

Tower facilities must be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer will consist of a landscaped strip at least four feet wide outside the perimeter of the facilities. The applicant may propose off-site landscaping if that better mitigates the visual impacts of the proposed facility. In such cases, a written agreement must be provided to evidence approval by the property owner on which the landscaping will be located.

(2)

Existing mature tree growth and natural landforms on the property should be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the county may determine the natural growth around the property perimeter may be sufficient buffer.

(h)

Removal of abandoned facilities. Any telecommunication facility that is not operated for a continuous period of 12 months is considered abandoned, and must be removed within 90 days of abandonment or a county notice requiring the removal. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings, but the buildings may remain upon the owner's request.

(a)

Information required. Each applicant requesting a special use permit must submit the following:

(1)

A scaled plan, a scaled elevation view, and other supporting drawings, calculations, and documentation, signed and sealed by a state licensed professional engineer, showing the location and dimensions of all improvements, including information concerning topography, zoning, vegetation buffers, tree heights, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses and adjacent buildings.

(2)

A certification from a licensed professional engineer experienced with the design and operation of towers and antennas that the emissions from the facility will not exceed the Federal Communication Commission maximum permissible exposure standard.

(3)

The applicant's statement agreeing to allow co-location on the proposed tower, and co-location of a second tower on the site, where appropriate, and that the lease agreement will not prohibit or discourage co-location, or, if so, the reasons therefor.

(4)

Applicant must provide at least two actual photographs of the site that include simulated photographic images of the proposed tower. The photographs with the simulated image must illustrate how the facility will look from adjacent roadways, nearby residential areas, or public buildings such as a school, church, etc. County staff reserve the right to select the location for the photographic images and require additional images. Applicant must also conduct a "balloon test" to demonstrate the height of a proposed tower and provide the community development staff with at least 48 hours' notice of the test.

(5)

The community development department may require other information deemed necessary to assess compliance.

(b)

Factors considered in granting a special use permit for a new tower. Except as otherwise provided in this article, an applicant must obtain a special use permit before erecting telecommunication facilities. The following factors will be used in determining whether to issue a conditional use permit:

(1)

Proposed height;

(2)

Proximity to residential structures, residential district boundaries, and other visually sensitive facilities, such as churches and schools;

(3)

Nature of the uses and impacts of the proposed facility on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress;

(8)

Co-location policy and efforts to co-locate;

(9)

Consistency with the comprehensive plan;

(10)

Availability of suitable existing towers and other structures; and

(11)

Proposed methods of mitigation for the visual impacts, including proposed landscaping or screening.

(c)

Public hearing requirements. Prior to the approval of any application for a special use permit for wireless telecommunications facilities, public hearings shall be held by the town planning commission and council, notice of which shall be published in a newspaper of record in accordance with the requirements for such public hearings as prescribed in Code of Virginia, title 15.2, as amended. In order that the town may officially notify nearby landowners, the applicant, at the time of submission of the application, shall be required to provide names and address of all landowners whose property is located within 1,500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located.

(d)

Scheduling of a public hearing. The planning commission and town council, respectively, shall schedule the public hearings referred to in this section once it finds the application is complete. The council, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary.