The purpose of this article is to provide guidance for the deployment and usage of wireless communications facilities (WCF).

(1)

The goals for WCF placement are to:

a.

Protect viewsheds and the scenic beauty of the Town of West Point.

b.

Deploy WCFs in a manner that will not adversely impact property values.

(2)

The objectives for the WCF are to:

a.

Ensure that the deployment of WCFs will accommodate existing and future technologies by providing sufficient height and facility expansion capabilities to accommodate the needs of the current and future residential, commercial, and industrial marketplace.

b.

Ensure all antenna deployments provide significant coverage area.

c.

Promote the use of camouflaged, alternatively mounted, and low-rise WCF structures.

d.

Ensure that all technologies accommodate the needs of the current and future residential and commercial marketplace.

e.

Ensure the use of co-location.

(Ord. No. 02-2013, 8-26-13)

(a)

Antenna mounting categories. There are five categories of antenna mounting:

(1)

Tower. Requirements for this mounting category are found in subsection (b)(1).

(2)

Alternative mounting structure. Requirements for this mounting category are found in subsection (b)(2).

(3)

Camouflaged WCF. Requirements for this mounting category are found in subsection (b)(3).

(4)

Multi-antenna system. Requirements for this mounting category are found in subsection (b)(4).

(5)

Portable cellular transmission facility (PCTF). Requirements for this mounting category are found in subsection (b)(5).

(b)

Wireless communications facility location requirements.

(1)

Tower-mounted WCFs. Tower-mounted WCFs shall be allowed as shown on Table 1.

Table 1: Tower-Mounted Wireless Communications Facilities

a.

Towers shall meet the requirements in Table 1 above and the requirements in sections 70-466—70-470.

b.

All towers shall be set back from any off-site existing residential structure by no less than 200 feet.

(2)

Alternative mounting structure—WCFs. WCFs determined by the zoning administrator to be utilizing advertising mounting structures as defined by this article and shall conform to the following criteria:

a.

The principal use of the structure to be used for the placement of the antenna shall be for a use not associated with the wireless communications facility as determined by the zoning administrator.

b.

In addition to the height limitations of the underlying zoning district, the antennas mounted on alternative mounting structures shall conform to the following requirements:

1.

All panel antenna shall be no more than five feet measured to the outermost point of the panel antenna from any surface of the existing structure at the point of attachment.

2.

All whip antenna shall be no more than ten feet measured to the tip of the whip above the mounting surface of the existing structure at the point of attachment.

3.

All parabolic or dish antenna shall be no more than five feet measured to the outermost point of the dish from any surface of the existing structure at the point of attachment.

4.

Antennas shall be mounted in a manner that is architecturally compatible with the structure on which they are located as determined by the zoning administrator. All antennas (excluding whip antennas) under five feet in height shall be completely screened or camouflaged from view from residentially zoned areas or adjacent roadways.

5.

Equipment enclosures shall be camouflaged or screened from view by landscaping or a wall or fence.

6.

WCFs shall meet the requirements in sections 70-466—70-470.

(3)

Camouflaged wireless communications facilities. Camouflaged WCFs as defined by this article shall be permitted pursuant to Table 1.1 below.

Table 1.1 Camouflaged Tower Determinations

Applicants may apply for any of the three categories of camouflaged WCFs as defined below:

a.

Architecturally compatible. The WCF has the appearance, scale and height of other structures that are generally permitted in the district in which it is to be located. When an architecturally compatible WCF is proposed the following requirements shall be met:

1.

The WCF shall use materials best suited to camouflage as determined by the zoning administrator to create the appearance, scale and height of other structures that are generally permitted in the district in which it is to be located;

2.

The architecturally compatible WCF shall be placed in the vicinity of another structure that the proposed WCF intends to replicate and be unnoticeable to the casual observer that the primary use of the structure is for a WCF;

3.

The architecturally compatible WCF should be no taller than twice the permitted height of the replicated structure up to 70 feet;

4.

Professional design requirements:

i.

All WCFs shall include a detailed landscaping plan with plan and profile views encompassing native tree buffer, native vegetation, correct ratio to proportion of the existing tree buffers or structures, and view of the proposed WCF in profile;

ii.

The landscape architect providing the landscape plan shall be professionally licensed in the Commonwealth of Virginia.

5.

Meet the requirements in sections 70-466—70-470;

6.

Shall be set back from any off-site existing residential structure no less than 200 feet.

b.

Native vegetation. The structure has the appearance of vegetation native to eastern Virginia.

Where native vegetation WCF is proposed the following requirements shall be met:

1.

Should the WCF be taller than nearby trees, it shall be buffered with existing mature trees in a manner such that it will not appear out of scale with existing natural vegetation from an off-site view.

2.

The WCF shall include a detailed landscaping plan with plan and profile views encompassing native tree buffers, native vegetation, correct ratio in proportion to existing tree buffers or structures, and artistic view of the proposed facility in profile.

3.

The landscape architect providing the landscape plan shall be professionally licensed in the Commonwealth of Virginia.

4.

The WCF shall use materials best suited to camouflage as determined by the zoning administrator to appear as native vegetation and be unnoticeable to the casual observer that the function of structure is for a WCF.

5.

Access drives shall be designed and located in a manner that obscures views of the WCF's base or related facilities from the road point of ingress.

6.

Meet the requirements in sections 70-466—70-470.

7.

Shall be set back from any off-site existing residential structures no less than 200 feet.

8.

Shall not exceed 120 feet in height.

c.

Buffered. The structure is well buffered by tall vegetation and/or other structures.

Where a buffered WCF is proposed, the following requirements shall be met:

1.

A minimum of a 100-foot undisturbed buffer of mature trees, or a buffer consisting of other elements such as evergreen trees, buildings, or topography that provide at least the equivalent visual effect of a 100-foot undisturbed buffer of mature trees, that in combination with the design and color of the structure renders the WCF generally unnoticeable to the off-site casual observer as determined by the zoning administrator.

2.

Shall be set back from any off-site existing residential structures no less than 200 feet.

3.

The buffer shall be remain undisturbed except for any access drives and utilities necessary for the WCF and other improvements of timbering activities that do not alter the visual effect of the buffer as determined by the zoning administrator. The buffer shall be located in an on-site or off-site area that:

i.

The zoning administrator determines is not likely to be altered such that the visual effect of the buffer would be diminished while the WCF would be in existence, such as lands protected by the Chesapeake Bay Ordinance or other environmental regulations or conservation areas or property depicted as conservation areas on the comprehensive plan; or

ii.

Such areas where the WCF owner has guaranteed the buffer will remain undisturbed while the WCF is in existence by way of lease agreement, recorded easement or other means acceptable to the zoning administrator. Such leases and easements shall be in effect until such time as the WCF is removed.

4.

Professional design requirements:

i.

WCFs shall include a detailed landscaping plan with plan and profile views encompassing native tree buffer, native vegetation, correct ratio in proportion of existing tree buffers or structures, and artistic view of the proposed facility in profile.

ii.

Landscape architect shall be professionally licensed in the Commonwealth of Virginia.

iii.

Access drives shall be designed and located in a manner that obscures view of the WCFs base or related facilities from the point of ingress.

5.

Meet the requirements in sections 70-466—70-470.

6.

Shall not exceed 120 feet in height.

(4)

Multi-antenna system. A multi-antenna system such as distributed antenna system (DAS) or others as determined by the zoning administrator shall be permitted as shown on Table 2.

Table 2: Multi-antenna System ;b2;Antennas shall be mounted no higher than stated below unless approved by the town council. Multi-antenna systems are permitted in the following zoning districts.

Requirements for antenna mounting of multi-antenna systems:

a.

To the greatest extent possible, antennas should be mounted on structures not originally associated with the wireless communications facility as determined by the zoning administrator.

b.

Antennas shall be generally unnoticeable to the casual observer and/or screened from view as determined by the zoning administrator.

c.

Fencing.

d.

Antenna support structures for mutli-antenna systems shall be designed to appear as native vegetation or other typical features of the zoning district (such as light/telephone pole).

e.

Meet the requirements in sections 70-466—70-470.

(5)

Portable cellular transmission facility (PCTF).

a.

A PCTF shall be permitted for a maximum of 90 days in any 365-day period or longer during an emergency as determined by the town manager or his designee.

1.

Any applicant who is aggrieved by the time limitations for a PCTF may petition the town council for an extension. If additional time is determined to be in the interest of the public, the town council may grant an extension.

b.

The PCTF shall be set back at least two times the height of the PCTF from any residential or public structure.

c.

The maximum height of the PCTF shall be 120 feet.

d.

The applicant shall submit a conceptual plan of the structure pursuant to a noninterference/intermodulation study no fewer than seven business days prior to deployment stating how long the PCTF will be in use and demonstrate a public health or safety need. Upon review of the application, the zoning administrator may request additional information, deny the application because of an ordinance violation or approve the use of the PCTF at the location and time duration indicated on the conceptual plan.

(Ord. No. 02-2013, 8-26-13)

Except where otherwise noted in this section, the following requirements shall apply to all wireless communications facilities:

(1)

Setbacks. In addition to meeting the requirements of the underlying zoning districts, tower-mounted WCFs (including camouflaged WCFs) shall conform to the following setback requirements:

a.

All towers shall be set back from any off-site existing residential structure by no less than 200 feet. All towers shall be located no closer than 200 feet from an occupied school or building used primarily for daycare.

b.

All towers shall meet the structural requirements set forth in standard of the "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," or its successors, as determined by the building official.

c.

All towers shall comply with the Virginia Uniform Statewide Building Code.

d.

All towers shall be set back from all property lines a minimum of 110 percent of the documented collapse radius.

e.

All setbacks from a public right-of way shall exclude any planned public right-of-way designated on the six-year primary and secondary road plans or the comprehensive plan.

(2)

Appearance. Towers, all WCFs equipment enclosures, and security fences shall conform to the following requirements:

a.

Lighting installed at all WCFs, other than low-intensity lighting installed for the purpose of site security, shall be only that required to meet the minimum requirements set forth in the Federal Aviation Administration Advisory Circular AC 70/7460-1J, or its successors. If lighting is required, the zoning administrator shall review the available lighting alternatives and approve the lighting design. Such lighting shall minimize impacts on adjacent property and be located and designed to minimize visibility of the light source from the ground.

b.

Towers shall be gray in color unless otherwise approved by the zoning administrator and in compliance with the Federal Aviation Administration Advisory Circular AC 70/7460-1J, or its successors.

c.

No signage of any kind shall be displayed at or on a tower that advertises a product, service or business activity or institution.

d.

All equipment enclosures shall be screened from public view with fencing and landscaping unless the enclosure is of a similar design and material to that used for a single-family residence and approved by the zoning administrator.

(3)

Security. Except where otherwise noted, the following security requirements shall apply to all WCFs:

a.

All towers, using alternative mounting structures, and camouflaged WCFs shall be equipped with an anti-climbing device, or be designed in a manner that precludes climbing without the use of additional equipment.

b.

Security fencing is required and shall conform to the following:

1.

Security fencing shall be screened from view with landscaping.

2.

Chain-link fences shall be of a black or green color.

3.

No fence shall exceed six feet in height and it shall contain no barb wire or similar barrier.

(4)

Special requirements for certain antenna. Installation or replacement of any antenna on a tower shall require a special use permit if all of the following conditions apply:

a.

The tower on which it is to be placed was constructed after the effective date of the ordinance from which this article derives;

b.

The tower on which it is to be placed is higher than the thresholds for towers requiring a special use permit identified on Table 1; and

c.

A special use permit does not already exist which would permit the construction of that tower or the installation of additional antenna on that tower.

(Ord. No. 02-2013, 8-26-13)

(a)

Federal Communications Commission emissions standards. The WCF shall comply with Federal Communications Commission (FCC) standards for all electromagnetic emissions.

(b)

Noninterference/intermodulation with local broadcasts. The applicant shall ensure that the wireless communication facility will not cause localized interference/intermodulation with the transmittance or reception of area television or radio authorized FCC broadcasts. Prior to the preliminary site plan approval of the WCF, a noninterference/intermodulation study shall be submitted to and approved by the zoning administrator indicating that no interference with any communications equipment will take place. If such interference/intermodulation is detected at any time, and is not corrected within 60 days, the special use permit or any other permits may be modified or revoked.

(Ord. No. 02-2013, 8-26-13)

(a)

Noninterference/intermodulation with local broadcasts. The applicant shall ensure that the WCF will not interfere with public safety communications. Should such interference be detected, and is not corrected or ceased within 24 hours, operation of the WCF shall be terminated and the special use permit or any other permits may be modified or revoked.

(b)

Antenna mountings for public safety communications. Applicants shall be required to negotiate in good faith, and provide evidence of these negotiations acceptable to the zoning administrator prior to the preliminary site plan approval, with public safety agencies regarding vacant antenna locations on WCFs prior to making these locations available to other providers. In instances where a potential need for the antenna location is identified by a public safety agency, said agency shall have the right of first refusal for said antenna location for a period of 90 days after the date of final site plan approval.

(c)

All WCFs providing voice service shall be reported to the county dispatch center to ensure that all wireless E-911 calls placed within the boundaries of the town and or county are routed to the county dispatch center.

(Ord. No. 02-2013, 8-26-13)

(a)

Guarantee of removal. Prior to final site plan approval, the owner of the property on which a WCF is located shall post a performance bond, cash surety, or letter of credit in an amount sufficient to fund removal of an abandoned or unused WCF or any disused portion thereof, and site restoration. This bond or other financial mechanism shall remain in effect throughout the life of the WCF. A wireless communication facility shall be considered abandoned or unused if it is not being utilized for the purpose of providing wireless communications services for a period of six months. At such time the WCF shall be removed, except where the WCF is used by the town or deemed necessary by the town for placement of its communications equipment.

(b)

Right of access. The town shall be granted access to the WCF for the purposes of inspection and, in the event a WCF is abandoned or unused, removal for the life of the facility.

(c)

Site restoration. The site of a removed WCF shall be restored to its original state, except that any installed landscaping shall remain in place.

(Ord. No. 02-2013, 8-26-13)

(a)

The following shall apply to all WCF applications:

(1)

Conceptual plan. A site plan, drawn to scale, shall be submitted that depicts the location of support structure(s), equipment enclosures, landscaped/vegetative buffer areas, the potential location of additional towers on the site, fences, access, and ownership and use of adjacent properties. This plan should also include elevation or profile views.

(2)

Pre-application meeting. Prior to the formal application for a camouflaged WCF, multi-antenna system or a tower submittal, the prospective permittee or its representatives shall attend a pre-application meeting with the zoning administrator, a member of the planning commission, and a member of town council. The purpose of this meeting will be to discuss future service plans of the provider, the proposed WCF location, the configuration of the proposed WCF, the feasibility of co-location, the feasibility of alternative tower locations, and the feasibility of a building-mounted WCF, utilizing an alternative mounting structure or a camouflaged WCF. The zoning administrator may request a tower simulation (balloon test) for a camouflaged determination.

(3)

Professional certification. The applicant shall provide certification by a Virginia-registered engineer specifying the following information prior to preliminary site plan approval:

a.

Antenna height, design, structure and capacity, including the number, type, and mounting elevations of the antenna that could be accommodated.

b.

Compliance with all structural and safety requirements of the Virginia Statewide Building Code, including the BOCA Basic Building Code and section 222(f) of the standards adopted by the Electronics Industry Association, and all amendments thereto.

c.

A noninterference/intermodulation study indicating no potential interference with public safety communications shall be provided in a manner acceptable to the zoning administrator.

(b)

In addition to meting all other processing and submittal requirements for site plans, special use permits for tower-mounted WCFs shall also comply with the following:

(1)

Co-location efforts. The applicant shall allow other users to locate on the tower and site and shall provide the town, upon request, verifiable evidence of having made good faith efforts to allow such locations. To this end, the applicant shall execute a letter of intent prior to final site plan approval stating that the applicant will make every reasonable effort to accommodate all future requests to share space and that the applicant will negotiate in good faith with any party requesting space on the tower or site, and copies of said letters shall be sent to all wireless communication facilities service providers licensed to serve the town and a copy of their response, if any, shall be provided to the zoning administrator. The zoning administrator may waive this requirement for camouflaged WCFs where co-location would preclude the wireless communications facility from meeting ordinance requirements for such facilities, and for wireless communications facilities that utilize alternative mounting structures, or are building-mounted.

(2)

Any application for a special use permit for the installation of a WCF shall not be deemed complete until accompanied by the following materials, which shall be submitted six weeks prior to the planning commission meeting.

(3)

Search and service area mapping. The applicant shall provide mapping, deemed suitable by the zoning administrator, depicting the following:

a.

The search area for the proposed WCF along with underlying property lines and divisions. The map shall be of a clearly indicated scale and municipal boundaries and all primary and secondary highways within the search area shall be delineated.

b.

The intended service area of the proposed WCF with a radio signal propagation map to include information such as building, car, and ambient coverage or other suitable graphic, depicting the level of signal coverage with and without the proposed WCF. At least one other graphic shall also be provided that shows the relationship of this coverage to that of existing and proposed WCFs operated by the same provider and future service plans, within the town and within five miles of the border thereof.

(4)

Evidence of attempts at co-location and using alternative locations, designs, and operating procedures. An applicant shall provide a copy of its co-location policy and the following evidence of attempts to co-locate and attempts to utilize alternative locations, designs, and operating procedures in a manner acceptable to the zoning administrator:

a.

The applicant shall indicate on a map provided by the planning department all existing tower and building-mounted WCFs, and alternative mounting structures and buildings more than 60 feet tall within a three-mile radius of the proposed new location. The zoning administrator may reduce the radius of this study area where the intended coverage of the proposed WCF is less than three miles.

b.

Applicants shall provide evidence acceptable to the zoning administrator, including radio signal propagation plottings, that all existing towers, and alternative mounting structures and buildings more than 60 feet tall within a three-mile radius of the site of a proposed WCF have been evaluated with respect to their ability to provide adequate service coverage and antenna mounting opportunity, and evidence acceptable to the zoning administrator that adequate service coverage cannot be provided through an increase in transmission power, or through the use of camouflaged wireless communication facilities, alternative mounting structures, building-mounted WCFs, or a system that uses lower antenna heights than proposed. The zoning administrator may waive these requirements where documented evidence, satisfactory to the zoning administrator is available that indicates alternative locations and designs are not feasible, and where the intended coverage of the proposed WCF is less than three miles.

c.

The applicant shall provide evidence deemed suitable by the zoning administrator that good faith negotiations have taken place to use existing WCFs, and existing alternative mounting structures and buildings, including copies of letters sent to other service providers and their response, if any, on a request to co-locate on their facility.

d.

The applicant shall provide verifiable written evidence, deemed suitable by the zoning administrator, of the feasibility of replacing all existing WCFs within a three-mile radius of the site of the proposed WCF in order to accommodate the proposed WCF.

(5)

Public safety communications antenna requirements. The applicant shall provide written evidence, deemed suitable by the zoning administrator, of consultation with the relevant public safety agencies regarding their need for antenna space at any newly proposed WCF support structure.

(6)

Balloon test. At least three weeks prior to the planning commission meeting, the applicant shall conduct a balloon test that simulates the height of the proposed WCF. The balloon test shall be scheduled within the first week following application submittal. The zoning administrator may also require the balloon to be flown at other altitudes to determine impacts. The zoning administrator shall give notice of the balloon test at least seven days prior to the day of the test in a newspaper having a general circulation in the town. The results of the balloon test providing representative photographic evidence of the views of a proposed WCF from residential areas, public rights-of-way, and other sensitive areas identified by the zoning administrator or his representative shall be provided to the zoning administrator at least two weeks prior to the planning commission meeting. Other scaled graphical simulations of potential views encompassing a proposed WCF may be substituted for the balloon test results or required in addition to the balloon test results at the discretion of the zoning administrator.

(Ord. No. 02-2013, 8-26-13)

(a)

Local government access. Owners of all new telecommunication facilities shall provide at no cost to the town, co-location opportunities as a community benefit to improve radio communication for town departments and emergency services (including both tower space and sheltered equipment space on the ground). All proposals for a telecommunication facility shall acknowledge the critical role of the town's radio system for emergency services including fire, rescue and law enforcement personnel and shall warrant that no interference with the town's radio system shall result from such installation.

(b)

Co-location requirements on existing towers. Existing towers in any zoning district may be extended to allow for additional users provided that the overall height of the tower is not increased by more than 15 feet for each new user and that the overall height of the structure does not exceed 199 feet. In a case where the co-location will exceed 199 feet a special use permit shall be required and all local, state and federal requirements shall apply. No more than four co-locators shall be allowed on any one telecommunication facility. Equipment buildings and cabinets must comply with setback regulations of the subject zoning district for accessory structures. All equipment buildings and cabinet enclosures shall be screened from public view with fencing and landscaping.

(c)

Co-location by attachment to existing structures other than a wireless communication facility tower, including, but not limited to, buildings, water towers, and any other freestanding structures, including associated equipment and accessory structures are permitted, provided that the overall height of the structure is not increased by more than 15 feet for each new user and that the overall height of the structure does not exceed 199 feet. In a case where the co-location will exceed 199 feet a special use permit shall be required and all local, state and federal requirements shall apply. No more than four co-locators shall be allowed on any one existing structure. Equipment buildings and cabinets must comply with setback regulations of the subject zoning district for accessory structures. All equipment buildings and cabinet enclosures shall be screened from public view with fencing and landscaping.

(Ord. No. 02-2013, 8-26-13)