(a)

The purpose of this article is to establish general guidelines and standards for the siting of telecommunication towers and to involve members of the public earlier in the process, in a more meaningful manner. Wireless infrastructure and technology provide substantial public safety, economic development, educational, and quality-of-life benefits to the county's residents and businesses and the county seeks to promote the expansion of those technologies in a manner which has a minimal impact on the general public.

(b)

The goals of this article are to:

(1)

Minimize the number of towers which need to be constructed;

(2)

Encourage the joint use of towers;

(3)

Encourage the location and design of towers and antennas in ways that minimize impacts on the county's scenic and other resources;

(4)

Maximize the public's ability to contact public safety responders; and

(5)

Meet the growing public demand for reliable, high-quality wireless communications services.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

For the purposes enumerated in section 86-360, article XV: telecommunication towers, is hereby established pursuant to the authority granted by Code of Virginia, §§ 15.2-2280, 15.2-2286, 15.2-2316.3, 15.2-2316.4 and 47 USC 332.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The supplementary regulation in this article shall govern the location of towers that exceed 50 feet in height and antennas that are installed at greater than 50 feet in height. These regulations are in addition to the general requirements of the district and conditional uses. The supplementary regulations in this article shall not govern:

(1)

A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the county board of supervisors or designee and approved by the county board of supervisors or designee; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this article up to three months after the duration of the state of emergency.

(2)

A temporary, commercial wireless communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the county board of supervisors or designee, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this article for up to one week after the duration of the special event.

(3)

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.

(4)

Installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

In accordance with Code of Virginia, § 15.2-2316.4, small cell facilities shall be permitted by right in all zoning districts subject to the following general performance standards.

(1)

The small cell facility shall be 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 collocate the small cell facility on the existing structure and to collocate the associated transmission equipment on or proximate to the existing structure.

(3)

Wireless facilities which do not meet the criteria to be deemed a small cell facility shall be deemed mobile and land-based telecommunications facilities. Such facilities may be permitted pursuant to the applicable criteria and procedures of this article.

(4)

A wireless services provider or wireless infrastructure provider may submit up to 35 permit requests for small cell facilities on a single application. Permit application fees shall be in accordance with Code of Virginia, § 15.2-2316.4, paragraph B(2).

(5)

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

a.

Permit applications for the installation of small cell facilities shall 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.

b.

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

c.

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

1.

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.

2.

Public safety or other critical public service needs.

3.

In instances where the installation is to be located on or in publicly owned or publicly controlled property (excluding privately owned structures where the applicant has an agreement for attachment to the structure), aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property.

4.

Conflict with an applicable historic overlay district unless approved by the historic preservation architectural review board.

(6)

A permit application approval shall not be unreasonably conditioned, withheld, or delayed.

(7)

An applicant may voluntarily submit, and staff may accept, any conditions that address potential visual or aesthetic effects resulting from the placement of small cell facilities.

(8)

The submission of a permit application shall represent a wireless services provider's or wireless infrastructure provider's notification of the county as required by Code of Virginia, § 15.2-2316.4(A).

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration ("FAA"), be painted a neutral color scheme, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos. If painting is required by the FAA, documentary evidence from the FAA requiring such painting must be provided to the county by the applicant. Should the applicant request to construct the tower from materials other than galvanized steel, the applicant shall state the reasons for the request in the application, and the applicant shall also furnish the county with photographs or other visual sample of the proposed finish.

(b)

The design of the support buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

(c)

Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the county may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(d)

No signage of any type may be placed on the tower or accompanying facility other than notices, warnings, and identification information required by law.

(e)

Maximum tower height (including appurtenances) shall generally be 199 feet; however, the board of supervisors may approve a greater height based upon a demonstration of a significant gap in coverage, including a gap affecting wireless users in buildings and cars.

(f)

Towers shall be designed to collapse fully within the lot lines of the subject property in case of structural failure.

(g)

All towers and antennas must meet or exceed the standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate towers and antennas that are in force at the time of the application or which a federal agency applies retroactively.

(h)

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed and maintained in compliance with standards contained in applicable federal, state and local building codes and regulations that were in force at the time of the permit approval.

(i)

Towers shall be enclosed by security fencing not less than six feet in height and the tower shall also be equipped with an appropriate anticlimbing device.

(j)

All newly installed utilities including but not limited to, electric, fiber, CATV and telephone leading to the site shall be placed underground unless prohibited by the state or federal agency regulating such utilities. Existing overhead utility lines may be extended to a terminal pole at the property line, as needed, and thence placed underground.

(k)

All wireless E-911 calls received by a tower shall be routed to public safety answering points in accordance with federal and state law.

(l)

The security fencing surrounding tower facilities shall be significantly screened from the view of adjacent properties and public rights-of-way by a buffer zone at least four feet wide that shall be landscaped with plant materials, except to the extent that existing vegetation or natural land forms on the site provide such screening. In the event existing vegetation or land forms providing the screening are disturbed, new plantings shall be provided which accomplish the same.

(m)

Any other condition added by the board of supervisors as part of a conditional use permit approval.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The minimum setback to the property lines of properties zoned industrial, commercial or to any property owned by the same owner as the subject property is 110 percent of the tower's designed break point (fall zone) measured from the center of the base of the tower.

(b)

The minimum setback to property lines of properties zoned residential, agricultural, or PUD planned unit development shall generally be 110 percent of total tower height or 500 feet to off-site dwellings not owned by the owner of the subject property, measured from the center of the base of the tower, whichever is greater.

(1)

A tower may be located closer to those property lines based on mitigating its impacts by a reduced height, alternative designs such as monopole, camouflaging the tower or other methods;

(2)

A tower may not be located closer than 110 percent of the tower's designed break point (fall zone) to property lines or 500 feet to dwellings not owned by the owner of the subject property, measured from the center of the base of the tower, whichever is greater.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Applicants for new telecommunication facilities shall coordinate with the county's emergency services staff to consider the emergency services communication needs within the coverage area and possibilities for the sharing or utilization of new infrastructure.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Any tower that is not in active use for a continuous period of 24 months shall be considered abandoned, and the owner of any such tower, the land owner of the property on which a tower is located upon or their successors or assigns shall remove the tower within 90 days of receipt of notice from the county. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The zoning administrator may permit the fence footers, underground cables and support buildings to remain with the property owner's approval so long as they continue to be screened as required. When a tower is deemed to be abandoned, an owner wishing to extend the time for removal shall submit an application stating the reason for such extension. The zoning administrator may extend the time for removal or reactivation up to 60 additional days upon a showing of good cause. If the antenna support structure or antenna is not removed within the specified time, the county may contract for removal. Thereafter, the county may cause removal of the antenna support structure. All costs there of shall be charged to the landowner and become a lien on the property on which the tower is located.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The facility shall comply with the FCC's rules governing interference with communications reception. Owner shall resolve any inference issues in accordance with industry standards and FCC's rules.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Whenever a proposed placement of an antenna on or in an existing structure such as a building, sign, light pole, utility pole, including placement on or within an existing transmission/utility tower, or tower, water tank, or other freestanding structure or existing tower or pole shall fall within the scope of Code of Virginia, § 15.2-2316.4:1 and Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, as from time to time amended, ("Section 6409") such placement shall be permitted without the need for a conditional use permit so long as the proposed placement complies with Section 6409 and the FCC rules and policies for implementing Section 6409.

(b)

Each telecommunications service provider that locates or otherwise places wireless communications equipment on the facility, auxiliary structures, or the host structure, or on the property shall obtain building and zoning permits from the county prior to attaching the equipment to the structure or erecting any accessory structures within or adjacent to the existing structure. Pursuant to Code of Virginia § 15.2-2316.4:1, the fees for the permits shall not exceed $500.00 for administrative review eligible-projects and shall not exceed actual direct costs to process the application, including permits and inspection, for all standard process projects.

(c)

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 closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

A pre-existing nonconforming tower may be replaced without the need for a conditional use permit, subject only to administrative site plan, zoning permit, building permit and other applicable approvals if all of the following are met:

(1)

The replacement tower shall meet the requirements of section 86-364, "development standards," with the exception that replacement towers shall not be subject to the height requirement except that no replacement tower may exceed the height of the existing tower except as permitted by section 6409.

(2)

A replacement tower shall not be required to meet current setback standards so long as the replacement tower and its equipment compound do not encroach further than the existing tower and its equipment into any yard setback.

(3)

The existing tower being replaced, including tower base and foundation must be removed within six months of the initial operation of the new tower.

(4)

If any tower is replaced an additional time after the first replacement, all subsequent replacement towers shall meet or exceed the requirements stated above as compared to the most recent tower, not the original existing tower.

(b)

Replacement towers that do not meet all of the above requirements shall require a conditional use permit approved by the board of supervisors.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Each applicant requesting a conditional use permit under this supplementary regulation shall submit the following:

(1)

A complete conditional use permit application form.

(2)

Twelve sets (11 inches by 17 inches) and one reduced copy (8½ inches by 11 inches) of signed and sealed site plans by a surveyor or engineer licensed in the State of Virginia, including tower elevations and landscape plans if required. Site plans shall meet the requirements listed in article XVII of this chapter.

(3)

An identification card for the subject property from the office of the commissioner of the revenue for the county or a tax bill showing the ownership of the subject parcel.

(4)

Proof that the applicant has authorization to act upon the owner's behalf.

(5)

A map showing the designated search ring.

(6)

Identification of the intended service providers of the tower.

(7)

Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the tower area, lease area and access to the tower.

(8)

Verifiable evidence of the lack of feasible antenna space on existing towers, buildings, or other structures suitable for antenna location within the coverage area. Such evidence may also include any of the following items:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. The applicant shall provide an affidavit executed by a radio frequency engineer in support of its claim that another structure is unsuitable for the applicant's needs due to technical reasons related to radio frequency.

e.

The fees, costs, or contractual provisions demanded by the owner of an existing tower or structure to share the required amount space on such tower or structure or to adapt it for sharing cannot be reasonably obtained or are commercially infeasible.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable or commercially infeasible.

(9)

An engineering report stating the number of co-location spaces on the proposed tower. The county shall generally require a minimum of four co-location spaces on a new tower; however, may approve fewer in instances where fewer spaces result in a lower height, less visibility or the tower is designed to permit feasible expansion for additional future height and additional co-location spaces. The applicant shall permit co-location by additional users without requiring any form of reciprocal location agreement from subsequent users.

(10)

A proposed construction schedule.

(11)

The applicant shall certify through a written statement that the facility meets or exceeds the standards for electrometric radiation as set by the federal communications commission ("FCC") at the time of the application.

(12)

A radio frequency propagation plot indicating the coverage of the applicant's existing wireless communications sites within the area and coverage prediction of the proposed facility.

(13)

The applicant shall provide at least two actual photographs of the site that include simulated photographic images of the proposed tower. The photographs with the simulated image shall illustrate how the facility will look from adjacent roadways, nearby residential areas, or public building such as a school, religious assembly, and the like. The county staff reserves the right to select the locations for the photographic images and require additional images. As photo simulations may be dependent upon a balloon test first being conducted, the applicant is not required to submit photo simulations with their initial application, but must provide them prior to the public hearing with the planning commission.

(14)

List of all adjacent property owners, their tax map numbers and addresses.

(15)

Aerial imagery which shows the proposed location of the tower, fenced area and driveways with the closest distance to all adjacent property lines and dwellings.

(16)

The county may require other information deemed necessary to assess compliance with this article.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Required notices for balloon tests and community meetings may be combined if they comply with the timing requirements set forth in this section.

(1)

Balloon test. A balloon test shall be required for new towers prior to the public hearing with the planning commission.

a.

The applicant shall arrange to raise a colored balloon (no less than three feet in diameter) at the maximum height of the proposed tower and within 50 horizontal feet of the center of the proposed tower.

b.

The applicant shall inform the community development department and adjacent property owners in writing of the date and times of the test at least seven but no more than 14 days in advance. The notice will direct readers to a new date if the test is postponed due to inclement weather. The applicant shall request in writing permission from the adjacent property owners to access their property during the balloon test to take pictures of the balloon and to evaluate the visual impact of the proposed tower on their property.

c.

The date, time and location of the balloon test shall be advertised in the county's newspaper of record by the applicant at least seven but no more than 14 days in advance of the test date. The advertisement will direct readers to a new date if the test is postponed due to inclement weather.

d.

The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen.

e.

Signage similar to rezoning signage shall be posted on the property to identify the property where the balloon is to be launched. The signage will direct readers to a new date if the test is postponed due to inclement weather. This signage shall be posted a minimum of 72 hours prior to the balloon test. If inclement weather postpones the test, then cancellation of the test for that day shall be clearly noted on the signage.

f.

If the wind during the balloon test does not allow the balloon to sustain its maximum height or there is significant fog or precipitation which obscures the balloon's visibility then the test shall be postponed and moved to the alternate inclement weather date provided in the advertisement. County staff reserves the right to declare weather inclement for purposes of the balloon test.

(2)

Community meeting. A community meeting shall be held by the applicant prior to the public hearing with the planning commission.

a.

The applicant shall inform the community development department and adjacent property owners in writing of the date, time and location of the meeting at least seven but no more than 14 days in advance.

b.

The date, time and location of the meeting shall be advertised in the county's newspaper of record by the applicant at least seven but no more than 14 days in advance of the meeting date.

c.

The meeting shall be held within the county, at a location open to the general public with adequate parking and seating facilities which may accommodate persons with disabilities.

d.

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback.

e.

The applicant shall provide to the community development department a summary of any input received from members of the public at the meeting.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The approving body, in exercise of the county's zoning regulatory authority, may consider an application for approval and determine: whether a tower is in harmony with the area; the effects and general compatibility of a tower with adjacent properties; or the aesthetic effects of the tower as well as mitigating factors concerning aesthetics.

(b)

The approving bodies, in exercise of the county's zoning regulatory authority, may disapprove an application on the grounds that the tower's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the tower or its surrounding area. Such changes need not result in performance identical to that of the original application.

(c)

Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas, and areas containing unique natural features, scenic roadways or historic areas; the concentration of towers in the proposed area; and, whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

(d)

The approving bodies, in accord with Code of Virginia,§ 15.2-2316.4:2, may disapprove an application based on the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant.

(e)

Unless some other timeframe is mutually agreed upon, an application for a tower shall be reviewed by the county and a written decision shall be issued within 150 days of a completed submission.

(f)

Unless some other timeframe is mutually agreed upon, an application for co-location shall be reviewed by the county and a written decision shall be issued within 90 days of a completed submission.

(g)

A complete application for a project shall be deemed approved if the locality fails to approve or disapprove the application within the applicable period specified or mutually agreed upon.

(h)

If the county disapproves an application it must provide the applicant with a written statement of the reasons for disapproval. If the locality is aware of any modifications to the project as described in the application that if made would permit the locality to approve the proposed project, the locality shall identify them in the written statement provided. The written statement must contain substantial record evidence and be publicly released within 30 days of the decision.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

An applicant adversely affected by the disapproval of an application for a standard process project may file an appeal pursuant to of Code of Virginia, § 15.2-2285(F), within 30 days following delivery to the applicant or notice to the applicant of the disapproval.

(Ord. No. 09-21R2, Att. A, 9-27-2021)