(a)

Wireless telecommunication facility. Facility that is designed and constructed for the primary purpose of supporting communication (broadcasting and/or receiving) equipment utilized by commercial, government, or other corporate, public and quasi-public users. Towers include radio, television, cellular telephone, personal communication services (PCS), microwave and other similar communications facilities, satellite earth stations and building-supported antennas. The towers may be self-supported lattice and monopole, or guy-supported.

(b)

Building-supported antenna. One (1) or more antenna affixed to a building or structure at least fifty (50) feet in height for purposes of supporting broadcast or receiving equipment of any frequency or electromagnetic wave, or any similar devices used for the transmission or reception of electromagnetic waves.

(c)

Co-locate. To locate on an existing structure with another user of that structure. For this purpose, structures includes, but is not limited to, existing telecommunications towers, power or telephone poles, light poles, water towers, buildings, or similar structures.

(d)

TCA - 1996.

( Ord. of 3-23-67 )

The purpose of this article is to establish general guidelines for the siting of telecommunication antennas and towers to ensure the provision of telecommunication services with minimal impact on the town. The goals of this chapter are to: (i) encourage the location of antennas and towers in areas where the adverse impact on the community is minimal, (ii) to minimize to total number of tower sites, (iii) to encourage the location of towers in nonresidential areas and within interstate highway, railroad, and overhead utility transmission line right-of-ways, and (iv) strongly encourage the co-location of telecommunication equipment on existing towers. The applicant shall obtain a special use permit from the planning commission before erecting towers or antennas covered by this article. The planning commission shall consider the following factors in determining whether to issue a special use permit:

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential district boundaries;

(3)

Nature of the uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design of the tower, 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;

(9)

Language of the lease agreement dealing with co-location;

(10)

Consistency with the comprehensive plan and the purposes to be served by zoning;

(11)

Availability of suitable existing towers and other structures; and

(12)

Proximity to commercial or private airports.

( Ord. of 3-23-67 ; Ord. of 1-14-2020 )

(a)

Except as provided below, all communication towers require a special use permit, obtained in accordance with the provisions of this chapter.

(b)

A special use permit shall not be required for building-supported antennas and the collocation of antennas on existing telecommunication towers. An administrative review and approval process as set forth in section 23-88 will be required.

(c)

The regulations set forth herein do not apply to the following:

(1)

Any amateur radio communication antenna or tower which is under fifty (50) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas for amateur radio station operation;

(2)

Antennas and dishes limited exclusively to home use;

(3)

Dish antennas two (2) meters or less in diameter in areas zoned for commercial or industrial use and dish antenna one (1) meter or less in diameter regardless of the zoning district.

( Ord. of 3-23-67 ; Ord. of 1-14-2020 )

Editor's note— Ord. of 1-14-2020 changed the title of § 23-87 from "Conditional use permit required" to read as herein set out.

The applicant shall submit a preliminary site plan to the department of planning for administrative review and preliminary approval by the director of planning.

(1)

The site plan for the building-support antenna shall be approved only if the following minimum standards are met:

a.

No more than five (5) antennas or antenna arrays shall be located on any one (1) building or structure.

b.

The highest point of the antenna shall not exceed twenty-two (22) feet above the highest point of the building or structure to which the antenna is attached.

c.

Building-supported antenna shall be painted or colorized to match the color of the building, or painted or colorized to blend with the building, or surrounding environment, as determined by the town manager.

d.

The antenna shall be screened from view, or otherwise designed and installed in a manner which renders the antenna unobtrusive from view.

e.

Antenna shall not be mounted on utility poles or lighting structures unless within a Virginia Power standard transmission easement or within a public right-of-way along or an interstate highway maintained by the Virginia Department of Transportation.

f.

Antenna shall not be attached to any building or structure less than fifty (50) feet in height as measured from ground level.

g.

A statement from an engineer licensed by the Commonwealth of Virginia that the tower meets or exceeds all FAA, FCC, and other applicable governmental regulations.

(2)

The collocation of additional antennas, unmanned building, or similar appurtenances necessary for a provider to collocate on an existing telecommunications tower constructed under a valid special use permit may be installed upon administrative review and approval provided that all standards set out in this chapter are met and all information, reports, and evidence required under section 23-90, have been submitted as part of the application for preliminary site plan approval.

(3)

Replacement or modification of existing telecommunication towers constructed under a valid special use permit may be approved through the administrative review process provided that:

a.

The telecommunication tower, as replaced, does not exceed the height of the existing tower.

b.

All landscaping requirements in this article are met.

c.

All new structures and buildings installed in conjunction with the replacement of the tower meet all applicable standards of this chapter.

d.

The application for approval of the site plan contains all information, reports and evidence required under section 23-90, have been submitted as part of the application for preliminary site plan approval.

( Ord. of 3-23-67 ; Ord. of 1-14-2020 )

Prior to submitting an application for a special use permit for a telecommunications tower, the applicant shall meet with the director of planning, or designee, to discuss the proposed location of the telecommunications tower, the location of all existing and planned telecommunications towers which the applicant owns or operates within the town, and the feasibility of locating the telecommunications facilities on existing towers buildings or structures. Failure to schedule and attend a pre-application meeting shall preclude the acceptance and processing of an application for a special use permit for a telecommunications tower.

( Ord. of 3-23-67 ; Ord. of 1-14-2020 )

In addition to the information otherwise required for a special use permit application, any application for a telecommunications tower shall include the following:

(1)

Each applicant shall submit a scaled site plan and 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 height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed necessary to assess the application. Additionally, applicant shall provide actual photographs of the site from a minimum of three (3) views that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the mid-ground, and the background of the site.

(2)

A statement from an engineer licensed by the Commonwealth of Virginia that the tower meets or exceeds all FAA, FCC, and other applicable governmental regulations.

(3)

Each applicant for an antenna and/or tower shall provide to the planning commission an inventory of its existing facilities. The planning commission may disclose such information with other applicants applying for a special use permit; provided, however that the planning commission is not, by disclosing such information, in any way representing or warranting that such sites are available or suitable.

(4)

The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary.

(5)

No new tower shall be permitted unless the applicant provides verifiable evidence in written form demonstrating the unavailability or lack of space on all towers and/or structures within a two (2) mile radius of the proposed site. Certified mailing of verification forms provided by the town, known as the "standard letter of contact with the existing tower owners," to the owner or operator of all existing communications towers and suitable buildings or structures within a three (3) mile radius of the proposed site, shall be sufficient evidence of the tower or buildings unavailability if the owner fails to respond to the form within a reasonable period of time no less than fourteen (14) days after certification of delivery.

(6)

An engineering report by a Virginia-registered structural engineer stating the telecommunications antenna or tower height, design, structure, installation and total anticipated capacity of the structure, including number and type of antenna which could be accommodated, and demonstrating to the satisfaction of the director of planning and the building inspector that all structural requirements and safety specifications set in the Uniform Statewide Building Code will be met. In addition to the structural and safety specifications in the Uniform Statewide Building Code, the certification shall state the proposed telecommunications tower will be designed to withstand one hundred ten (110) m.p.h. winds and to collapse within the lot lines in case of structural failure.

(7)

The applicant shall provide copies of their co-location policy.

(8)

A statement from a Virginia-registered structural engineer certifying that the proposed tower is compatible for collocation with a minimum of three (3) similar users including the primary user, must be submitted by the applicant.

(9)

Applicants proposing a new telecommunications tower within one (1) mile of a Virginia Scenic Byway or a property listed on the National Register of Historic Places and/or the Virginia Landmarks Register, shall provide written justifications as to why the tower could not be sited elsewhere.

( Ord. of 3-23-67 ; Ord. of 1-14-2020 )

(a)

The site shall be a minimum of two thousand (2,000) square feet excluding vehicular access areas.

(b)

Setbacks: The following setback requirements shall apply to all towers and antennas for which a special use permit is required, however, the planning commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby.

(1)

All communications antennas or towers must be setback two hundred (200) percent of the height of the antenna or tower to the nearest residential structure, and in no case less than four hundred (400) feet.

(2)

All communications antennas or towers shall be setback one hundred ten (110) percent of the height of the antenna or tower from the property lines.

(3)

All towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

(c)

All telecommunications antennas or towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, the town council may waive such requirements, as it deems appropriate.

(d)

Landscaping: The following requirements shall govern the landscaping surrounding antennas or towers for which a special use permit is required:

(1)

A landscaped buffer fifteen (15) feet wide shall be required on all sides of the tower compound. The buffer shall be planted in evergreen trees with a minimum height at planting of five (5) feet and an expected height of twenty (20) feet at maturity.

(2)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as antennas or towers sited on large, wooded lots; the town council may determine that the natural growth around the property perimeter may be sufficient buffer.

(3)

All living and diseased-free trees eight (8) inches or larger in diameter, measured four and one-half (4½) feet from the base, shall be preserved and protected during construction of any communication antenna or tower and associated support buildings, except where clearing is required to accommodate the proposed communication antenna or tower and associated substation and vehicular access.

(e)

The treatment, color, and lighting system for the communications antenna or tower shall be as follows:

(1)

Antennas or towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

(2)

At a facility site, the design of the 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 the built environment.

(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)

Antennas or towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the planning commission may review the lighting alternatives and approve the design, in accordance with applicable requirements, that would cause the least disturbance to the surrounding views.

(f)

No commercial advertising material shall be permitted on the communications antenna or tower and any associated support buildings.

(g)

The town shall be provided co-location opportunities without compensation as a community benefit to improve radio communication for town departments and emergency services provided it does not conflict with the collocation requirements above.

(h)

The communication antenna or tower shall be designed and installed so as not to interfere with the town. The applicant shall perform an engineering study to determine the possibility of radio frequency interference with the town system. Prior to release of a building permit, the study shall be submitted to, and approved by the planning commission.

(i)

The developer shall be responsible for correcting any frequency problems which affect citizenry of town caused by this use. Such corrections shall be made immediately upon notification by the town manager.

(j)

All communications antennas or tower must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate antennas and towers. If such standards regulations are changed, then the owners of the antennas and towers shall bring such antennas or towers into compliance with such revised standards as required. Failure to bring antennas and towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the antenna or tower at the owner's expense.

(k)

A copy of any FAA approval must be on file before a certificate of occupancy is issued.

(l)

At such time that the communications antenna or tower ceases to be operated for a continuous period of twelve (12) months; it shall be considered and abandoned, and the owner of such antenna or tower shall remove same and associated equipment within ninety (90) days of receipt of notice from the planning commission of the removal requirement. Removal includes the removal of the antenna or tower, all antenna/tower and fenced footers, underground cables, and support buildings. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(m)

The applicant shall post a bond or letter of credit equivalent to the cost of removal of the tower with the town manager.

(n)

The owner of each antenna and tower shall have a safety inspection conducted annually by a registered professional engineer licensed in the Commonwealth of Virginia and a copy of the inspection report shall be filed with the planning commission. The report shall state the current user status of the antenna and/or tower, and the structural condition of the facility and that it presents no danger to the public.

( Ord. of 3-23-67 ; Ord. of 1-14-2020 )