The purpose of this article is to establish general guidelines, standards and procedures for the siting and arrangement of wireless commercial telecommunication towers and antennas for the City of Poquoson, Virginia, and such of its environs as comes under the jurisdiction of the city as provided for by the Code of Virginia (1950), as amended. The goals of this article are to: encourage the location of towers in nonresidential areas to the extent possible and minimize the total number of towers and tower sites throughout the community; encourage the joint use of new and/or existing tower sites; encourage users of towers and antenna arrays to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; encourage users of towers and antenna arrays to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and to provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the city.

(Ord. No. 991, § 1, 2-9-1998)

For the purpose of this article certain words and terms used herein shall be interpreted or defined as follows:

(1)

Generally. Words used in the present tense include the future, words in the singular number include the plural, and the plural the singular unless the natural construction of the word indicates otherwise; the word "shall" is mandatory and not directory; the word "lot" includes the word "parcel"; the word "approve" shall be considered to be followed by the words "or disapproved"; any reference to this article includes all ordinances and regulations amending or supplementing the same; all distances and area refer to measurement in a horizontal or vertical plane.

(2)

Alternative tower structure shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

(3)

Antenna. Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

(4)

FAA. The Federal Aviation Administration.

(5)

FCC. The Federal Communications Commission.

(6)

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

(7)

Telecommunication facility. Any structure used for the purpose of supporting one or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, alternative antenna support structures such as buildings and rooftops, and other existing support structures.

(8)

NIER. Nonionizing electromagnetic radiation.

(9)

Fall zone. An imaginary zone that would be required in the event of tower failure or collapse. The length of this zone would be one-half of the tower height.

(Ord. No. 991, § 1, 2-9-1998)

The purpose of this section is to provide the location, standard requirements and regulation governing an applicant's request for a conditional use permit for the siting and location of a radio, cellular telephone and/or microwave tower in the City of Poquoson, Virginia.

(a)

Location of towers and antenna arrays.

(1)

No telecommunications tower(s) and antenna, hereinafter referred to as "tower(s)," shall be located within 500 feet of a residential district as shown in the city's comprehensive plan unless the applicant shall demonstrate by providing coverage/interference and capacity analyses that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless telecommunications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower(s) in a less sensitive area. Any tower located adjacent to a residential district (R-1, R-2, R-3, R-S) shall be a freestanding lattice or a monopole-type design, and shall be erected to a height not greater than 199 feet unless it meets the requirements provided for in section 18-3(b)(2). Tower height shall include the height of the antenna.

(2)

For the purpose of this section towers or structures supporting telecommunication antenna(s) and otherwise conforming to all the applicable provisions of this Code are hereby permitted subject to approval of a conditional use permit in the following research/development, commercially and residentially zoned locations:

a.

Church sites when camouflaged as steeples or bell towers;

b.

Park sites when compatible with the environment and nature of the park; and

c.

Government, school, utility and institutional sites; and

d.

Private or government property zoned R&D and B-2 Commercial when a tower is considered an accessory use by the issuance of a conditional use permit.

(3)

The minimum setback from the base of the tower to any property line shall be one-half the tower height, unless the city council specifies a greater or lesser setback due to special and unusual characteristics. The minimum setback from a nonresidential structure shall be no less than one-half the tower height unless the city council shall approve a lesser setback.

(4)

The minimum area size for the tower shall be no less than (50 × 50) feet or 2,500 square feet.

(5)

The following general criteria shall be considered in determining the appropriateness of sites for communications towers when considering a conditional use permit application:

a.

Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from the aesthetic or neighborhood character;

b.

Whether the application represents a request for multiple use of a proposed tower(s); and

c.

Whether the application shows how the tower and site will be designed and arranged to accommodate future multiple users.

(b)

Minimum tower and antenna requirements.

(1)

No microwave dishes or other dish or conical shaped antennae shall be permitted on the tower unless otherwise approved as part of the conditional use permit. Photo simulations of the visual impacts of such tower(s) shall be provided to the city council prior to its decision.

(2)

No tower(s) and antenna(s) shall be erected to a height in excess of 199 feet in a properly zoned location identified in section 18-3(a)(2) unless the applicant shall clearly demonstrate to the satisfaction of the planning commission and city council through the provision of coverage/interference and capacity analyses together with other relevant technical data that the proposed height is necessary and that adequate service, coverage, and capacity are not possible with the erection of one or more towers of a lesser height.

(3)

Any proposed tower(s) and antenna(s) over 100 feet in height shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennae and comparable antennae for at least three additional users unless additional users cannot be accommodated on a proposed site due to one or more of the reasons stated in subsection 18-3(b)(2).

(4)

Line of sight profiles depicting the proposed tower with attached antennae and arrays from no fewer than three locations, including all critical viewsheds determined by the zoning administrator, shall be submitted at the time of initial application for all towers in excess of 50 feet.

(c)

Additional requirements.

(1)

In the event the tower(s) and antenna array(s) are the primary use of the property; any accessory facility or building greater than 100 square feet will be designed to be architecturally compatible with principal structures on the site and shall be compatible with the surrounding natural or built-up environment.

(2)

No communication equipment shall be installed which will in any way interfere with the city's emergency communications system. Should any equipment associated with such facility be found by the city to have such an impact, the owner shall be responsible for the elimination of the interference within 24 hours of receipt of notice from the zoning administrator or his designee.

(3)

Advertising or signage other than warning or equipment information signs on any portion of the tower or accessory facilities shall be prohibited.

(4)

Tower(s) shall maintain a gray finish or any other neutral color, so as to reduce visual obtrusiveness.

(5)

Towers shall not be artificially lighted, unless required by the FCC and FAA or other applicable authority. If lighting is required, the planning commission and city council may review the available lighting alternatives and approve the engineering design that would cause the least disturbance to the surrounding areas.

(6)

For tower(s) and antenna(s) in excess of 50 feet, the following landscaping schedules shall be followed: at least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height shall be provided with individual plantings spaced not more than five feet apart and at least one row of evergreen trees with a minimum caliper of 1¾ inches measured 36 inches above ground level at the time of planting and spaced not more than 25 feet apart shall be provided within 15 feet of the perimeter of the setback area required. The requirements of this section may be reduced by the zoning administrator or his designee depending upon the amount of building exposure as provided in section 18-3(c)(1).

(7)

Collocators would not require a conditional use permit unless such collocation would involve the modification of the tower, then the owner of such tower(s) would be required to have their conditional use permit amended.

(8)

All collocators must be approved by the zoning administrator.

(9)

Reserved.

(d)

Requirements of applicants, owner(s) and/or lessee. Each applicant requesting a conditional use permit under this article shall submit ten copies of the site plan meeting the requirements of the site plan ordinance. Such requirements are to include but not be limited to, a plan at a scale of no less than one to 100 and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower and antenna height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this ordinance. In addition, the following information shall be provided:

(1)

The applicant shall possess a communication license issued by the FCC and any other federal regulatory agency as deemed necessary by the city.

(2)

The applicant, upon receiving conditional approval by the planning commission and city council, but prior to the issuance of a notice to proceed, shall submit a signed and sealed report from a registered structural or civil engineer to the city indicating the tower's and antenna(s) height and design, structure, installation and total anticipated capacity of the structure. These data shall satisfactorily demonstrate that the proposed tower and antenna conform to all structural requirements of the Uniform Statewide Building Code and shall set out whether the tower will meet the structural requirements of the National EIA-222, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures."

(3)

The applicant shall provide a statement from a registered engineer certifying that NIER (nonionizing electromagnetic radiation) emitted from the antenna(s) does not result in a ground level exposure at any point outside such facility that exceeds the maximum exposure permitted by the Federal Communications Commission (FCC).

(4)

The applicant shall provide copies of their collocation policy.

(5)

The applicant shall provide copies of propagation maps or other evidence as deemed acceptable by the zoning administrator demonstrating that the tower's antenna(s) and sites for possible collocator antennas are no higher in elevation than necessary for signal coverage within the city limits.

(6)

The applicant shall perform a balloon test or other testing techniques or methods acceptable to the zoning administrator which shall replicate the height of the proposed tower(s) and antenna(s). The time and place of the test or demonstration shall be advertised in a local newspaper of general circulation.

(7)

The applicant's proposal for a new tower(s) and antenna(s) shall not be approved unless the planning commission and city council find that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building, or other appropriate facility due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower, building, or facility as documented by a registered engineer, and the existing or approved tower cannot be reinforced, or modified to accommodate planned or equivalent equipment at a reasonable cost;

b.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a registered engineer and the interference cannot be prevented at a reasonable cost;

c.

Existing or approved tower(s) and building(s) within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a registered engineer; or that

d.

Other reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower(s) or building, such as the owner of such tower or building refusing to permit the same, no construction space is available, or not making it available on terms deemed reasonable to the applicant.

(8)

Reserved.

(e)

Special requirements.

(1)

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. No less than one structural inspection shall be made by the tower owner annually and a written report filed with the city's codes official.

(2)

Reserved.

(Ord. No. 991, § 1, 2-9-1998)

(a)

Abandonment requirement.

(1)

If at any time the use of the tower ceases, the owner or lessee of the subject tower shall dismantle and remove it within 12 months after ceasing to use it, unless:

a.

A binding lease agreement with another wireless communications provider on the same tower has been executed in which case an additional six months shall be granted; or

b.

The city requests, in writing, that the tower be reserved for city use.

(Ord. No. 991, § 1, 2-9-1998)