The following is for informational purposes to enable a conceptual
understanding of the major procedural differences between applying
for a new tower or a wireless telecommunications facility that increases
or extends above the height of the structure attached to and a co-location
that does not.
A. All applications. All applications shall be required to comply with all applicable provisions of this article, including, but not limited to, §
171-125, and prove the following:
(1)
The need for the facility to provide functionally reliable service
to the exclusion of all other alternatives, such as, but not limited
to, adjusting existing adjacent facilities;
(2)
The need for the facility at the location proposed;
(3)
The facility is designed to be safe and structurally sound for
the use and loads intended;
(4)
The facility will be the least visually intrusive as reasonably
possible in order to provide functionally reliable service primarily
and essentially within the Town; and
(5)
Establish with the Town an escrow deposit, as required, to assure
that the taxpayers do not incur the cost associated with processing
and reviewing the application.
B. New tower or increasing the height of a structure. An application
for a new tower or for a co-location that increases or extends above
the height of the existing structure attached to shall be deemed a
new tower and require the following:
(1)
A nonrefundable application fee of $5,000;
(2)
Prove that there is no alternative to a new tower or to extending
above the top of the facility attached to in order to provide functionally
reliable service primarily and essentially within the Town;
(3)
Prove the need for the facility to be located at the height
proposed in order to provide functionally reliable service primarily
and essentially within the Town;
(4)
Provide evidence as required that the facility is designed to
be secure and structurally safe for the use and loads intended;
C. Co-location not increasing the height or extending above the top
of the existing structure. An application to co-locate on an existing
structure that does not extend above the existing top of the structure
or increase its height shall be required to:
(1)
Submit a nonrefundable application fee of $2,000;
(2)
Prove the need for the facility to provide functionally reliable
service primarily and essentially within the Town;
(3)
Camouflage the antennas and associated equipment so as to be
as visually innocuous and unobtrusive as possible. There shall be
no requirement for a public hearing for such a facility, and the permit
shall be granted administratively.
The Telecommunications Act of 1996 affirmed the Town of Hillsville's
authority concerning the placement, construction and modification
of wireless telecommunications facilities. The Town of Hillsville,
hereinafter referred to as "Town," finds that wireless telecommunications
facilities may pose significant concerns to the health, safety, public
welfare, character and environment of the Town and its inhabitants.
The Town also recognizes that facilitating the development of wireless
service technology can be an economic development asset to the Town
and of significant benefit to the Town and its residents. In order
to insure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the Town's land
use policies, the Town is adopting a single, comprehensive wireless
telecommunications facilities application and permit process. The
intent of this article is to minimize the negative impact of wireless
telecommunications facilities, establish a fair and efficient process
for review and approval of applications, assure an integrated, comprehensive
review of environmental impacts of such facilities, and protect the
health, safety and welfare of the Town of Hillsville.
This article shall be known and cited as the "Wireless Telecommunications
Facilities Siting Ordinance for the Town of Hillsville."
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 meanings 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. The word "shall" is always mandatory,
and not merely directory.
APPLICANT
Any wireless service provider submitting an application for
a special exception permit for wireless telecommunications facilities.
APPLICATION
All necessary and appropriate documentation that an applicant
submits in order to receive a special exception permit for wireless
telecommunications facilities.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunications services (PCS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the Town's siting, building and permitting authority.
CO-LOCATION
The use of a tower or structure to support an antenna for
the provision of wireless services without increasing the height of
the tower or structure.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be commercial impracticable and shall not render an act or the
terms of an agreement commercially impracticable.
COMPLETED APPLICATION
An application that contains all information presented herein
(subsequently requested) and/or data necessary to enable an informed
decision to be made with respect to an application.
COUNCIL
The Town Council of the Town of Hillsville, Virginia.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated
and authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightning
protection device.
MODIFICATION or MODIFY
The addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility,
such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernable components, vehicular access, parking and/or an upgrade
or changeout of equipment for better or more modern equipment. Adding
a new wireless carrier or service provider to a telecommunications
tower or telecommunications site is a modification. A modification
shall not include the replacement of any components of a wireless
facility where the replacement is identical to the component being
replaced or for any matters that involve the normal repair and maintenance
of a wireless facility without adding, removing or changing anything.
NIER
Non-ionizing Electromagnetic Radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
SPECIAL EXCEPTION PERMIT
The official document or permit by which an applicant is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Town.
STEALTH or STEALTH TECHNOLOGY
Minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
STATE
The Commonwealth of Virginia.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including, but not limited to, utility or transmission equipment storage
sheds or cabinets.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
TEMPORARY
In relation to all aspects and components of this article,
something intended to, or that does, exist for fewer than 90 days.
TOWN
The Town of Hillsville.
WIRELESS TELECOMMUNICATIONS FACILITIES (means and includes a
TELECOMMUNICATIONS TOWER and TOWER and TELECOMMUNICATIONS SITE and
PERSONAL WIRELESS FACILITY)
A structure, facility or location designed or intended to
be used as, or used to support, antennas or other transmitting or
receiving devices. This includes, without limit, towers of all types
and kinds and structures that employ camouflage technology, including,
but not limited to, structures such as a multistory building, church
steeple, silo, water tower, sign or other structures that can be used
to mitigate the visual impact of an antenna or the functional equivalent
of such, including all related facilities such as cabling, equipment
shelters and other structures associated with the site. It is a structure
and facility intended for transmitting and/or receiving radio, television,
cellular, paging, 911, personal telecommunications services, commercial
satellite services, microwave services and services not licensed by
the FCC, but not expressly exempt from the Town's siting, building
and permitting authority, excluding those used exclusively for the
Town's fire, police or exclusively for private, noncommercial
radio and television reception and private citizens' bands, amateur
radio and other similar noncommercial telecommunications where the
height of the facility is below the height limits set forth in this
article.
In order to ensure that the placement, construction, and modification
of wireless telecommunications facilities protects the Town's
health, safety, public welfare, environmental features, the nature
and character of the community and neighborhood and other aspects
of the quality of life specifically listed elsewhere in this article,
the Town hereby adopts an overall policy with respect to a special
exception permit for wireless telecommunications facilities for the
express purpose of achieving the following goals:
A. Implementing an application process for person(s):
(1)
A permit for a co-location of wireless telecommunications facilities;
or
(2)
A permit for wireless telecommunications facilities.
B. Establishing a policy for examining an application for and issuing
a special exception permit for wireless telecommunications facilities
that is both fair and consistent.
C. Requiring, wherever feasible, the sharing and/or co-location of wireless
telecommunications facilities among service providers.
D. Promoting and requiring the placement, height and quantity of wireless
telecommunications facilities in such a manner, including, but not
limited to, the use of stealth technology, to minimize adverse aesthetic
and visual impacts on the land, property, buildings, and other facilities
adjacent to, surrounding, and in generally the same area as the requested
location of such wireless telecommunications facilities, which shall
mean using the least visually and physically intrusive facility that
is not technologically or commercially impracticable under the facts
and circumstances.
All wireless telecommunications facilities and antennas shall
be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
A. All antennas, towers and other supporting structures, including guy
wires, shall be made inaccessible to individuals and constructed or
shielded in such a manner that they cannot be climbed or collided
with; and
B. Transmitters and telecommunications control points shall be installed
in such a manner that they are readily accessible only to persons
authorized to operate or service them.
Wireless telecommunications facilities shall contain a sign
no larger than four square feet in order to provide adequate notification
to persons in the immediate area of the presence of an antenna that
has transmission capabilities and shall contain the name(s) of the
owner(s) and operator(s) of the antenna(s) as well as emergency phone
number(s). The sign shall be on the equipment shelter or cabinet of
the applicant and be visible from the access point of the site and
must identify the equipment owner of the shelter or cabinet. The sign
shall not be lighted, unless lighting is required by applicable law,
rule or regulation. No other signage, including advertising, shall
be permitted.
All proposed towers and any other proposed wireless telecommunications
facility structures shall be set back from abutting parcels, recorded
rights-of-way and road and street lines by the greater of the following
distances: a distance equal to the height of the proposed tower or
wireless telecommunications facility structure plus 10% of the height
of the tower or structure, or the existing setback requirement of
the underlying zoning district, whichever is greater. Any accessory
structure shall also be located so as to comply with the applicable
minimum setback requirements for the property on which it is situated.
The extent and parameters of a special exception permit for
wireless telecommunications facilities shall be as follows:
A. Such special exception permit shall be nonexclusive.
B. Such special exception permit shall not be assigned, transferred
or conveyed without the express prior written notification to the
Town.
C. Such special exception permit may, following a hearing upon due prior
notice to the applicant, be revoked, canceled, or terminated for a
violation of the conditions and provisions of the special exception
permit, or for a material violation of this article after prior written
notice to the holder of the special exception permit.
D. Any wireless telecommunications facility that is permitted shall
be constructed, completed and provide service no later than six months
from the date of the grant of the initial permit. If not constructed,
completed, and providing service within the required six months, the
permit may be revoked and a new application will be required.
The applicant and the owner of record of any proposed wireless
telecommunications facilities property site shall, at its cost and
expense, be jointly required to execute and file with the Town a bond,
or other form of security acceptable to the Town as to type of security
and the form and manner of execution, in an amount of at least $75,000
and with such sureties as are deemed sufficient by the Town to assure
the faithful performance of the terms and conditions of this article
and conditions of any special exception permit issued pursuant to
this article. The full amount of the bond or security shall remain
in full force and effect throughout the term of the special exception
permit and/or until any necessary site restoration is completed to
restore the site to a condition comparable to that which existed prior
to the issuance of the original special exception permit.
In order to verify that the holder of a special exception permit
for wireless telecommunications facilities, and any and all lessees,
renters, and/or licensees of wireless telecommunications facilities,
place and construct such facilities, including towers and antennas,
in accordance with all applicable technical, safety, fire, building,
and zoning codes, laws, ordinances and regulations and other applicable
requirements, the Town may inspect all facets of said permit holder's,
renter's, lessee's or licensee's placement, construction,
modification and maintenance of such facilities, including, but not
limited to, towers, antennas and buildings or other structures constructed
or located on the permitted site.
The holder of the special exception permit shall, annually,
certify to the Town that NIER levels at the site are within the threshold
levels adopted by the FCC.
Any applicant desiring relief, waiver or exemption from any
aspect or requirement of this article may request such at the pre-application
meeting, provided that the relief or exemption is contained in the
original application for either a special exception permit, or in
the case of an existing or previously granted special exception permit,
a request for modification of its tower and/or facilities. Such relief
may be temporary or permanent, partial or complete. However, the burden
of proving the need for the requested relief, waiver or exemption
is solely on the applicant to prove. The applicant shall bear all
costs of the Town in considering the request and the relief, waiver
or exemption. No such relief or exemption shall be approved unless
the applicant demonstrates by clear and convincing evidence that,
if granted the relief, waiver or exemption will have no significant
effect on the health, safety and welfare of the Town, its residents
and other service providers.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the Town, state or federal government, this article shall apply.
This article shall be effective immediately upon passage, pursuant
to applicable legal and procedural requirements.
This article is enacted pursuant to applicable authority granted
by the state and federal governments.