[Added 10-6-1999]
A.
The purpose of this article is to establish rules
for the siting of personal wireless services facilities. It is the
intent of this article to:
(1)
Achieve the most efficient provision of wireless
service and utilization of facilities possible.
(2)
Foster competition with minimum duplication
of facilities and the attendant extra cost to service providers, co-users,
the County and the consumer.
(3)
Minimize adverse effects on the community and
the land.
B.
It is further the intent hereof to evaluate any site
proposed facilities in the context of other existing and planned facilities
so that a comprehensive plan for the provision of wireless service
may be developed and implemented. In furtherance of this purpose and
intent, the following goals, policies and standards are established:
(1)
To locate and design facilities so they will
have the minimum adverse impact on public safety.
(2)
To encourage the use of existing facilities
rather than the construction of new facilities.
(3)
To encourage the joint use of new and existing
facilities.
(4)
To locate facilities in areas, and in such a
manner, as to minimize their adverse impact on the creation of a convenient,
attractive and harmonious community, and on property values, tourism,
agricultural and forestal lands, and the existing use and character
of land;
[Amended 7-2-2001]
(5)
To evaluate facilities as part of a comprehensive
plan to provide wireless communications and avoid the piecemeal construction
of redundant facilities.
(6)
To maintain accurate information on the location,
use and responsible entity for all wireless telecommunications facilities
in Rappahannock County.
As used in this article, the following terms
shall have the meanings indicated:
Any structure or device used to receive or radiate electromagnetic
waves.
Any structure used to support an antenna, and includes buildings.
The Board of Supervisors of Rappahannock County.
Personal wireless services facilities which are placed entirely
in or on existing structures with no, or minimal, change to the external
appearance of such existing structure.
Personal wireless services facilities which are placed entirely
in or on structures erected or modified for the purpose of containing
or supporting such facilities and disguising their appearance. Examples
are silos, artificial trees and barns.
Personal wireless services facilities which are placed on,
or near, existing structures and which will increase the height of
the existing structure by no more than 20 feet; provided that the
total height shall not exceed 199 feet. Examples include the placing
of antennas on existing power transmission towers and poles, antenna
support structures or buildings. Control equipment may be placed at
the base of the antenna support structure, provided that the ground
level horizontal dimension is increased by no more than 10 feet.
All other personal wireless services facilities, including
antennas and antenna support structures.
Personal wireless facilities for broadband or public safety
communications that are 80 feet in height or less including all antennas
and necessary appurtenances, including microwave dishes for data transmission,
when those microwave dishes have a face area of no more than eight
square feet. The facility may be used for the parcel owner's use or
for distribution or relay to others in Rappahannock County or immediately
adjacent counties.
[Added 8-2-2021]
The vertical distance between the highest point where a structure
contacts the ground and the highest point on the structure, or anything
attached to the structure, whichever is higher.
The person or entity to whom or to which the use permit is
issued and who assumes all responsibility and holds all rights granted
under the use permit and this article.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange services, as those terms are
defined by 47 U.S.C. § 332 and 47 CFR 20.3 and 20.7, as
of the effective date of this article.
Facilities for the provision of personal wireless services
and includes towers, poles, monopoles, structures, wires, cables,
conduits, buildings, antenna support structures and antennas (these
are sometimes referred to herein as "facilities"), but does not include
personal wireless telephones, pagers or antennas affixed to vehicles.
A special use permit within the meaning of § 15.2-2201
of the Code of Virginia granted by the Board of Supervisors by special
exception after receiving the recommendation of the Planning Commission,
which is sometimes referred to as the "Commission." This permit is
sometimes referred to as a "use permit." Pursuant to § 15.2-2286A.3.
of the Code of Virginia, the Board of Supervisors reserves unto itself
the right to issue such special exceptions. Prior to acting on any
application for a use permit, the Commission and the Board shall give
notice in accordance with § 15.2-2204 of the Code of Virginia.
Any road which provides a means of ingress and egress to
personal wireless services facilities.
A.
No antenna, nor antenna support structure, for wireless
telephone, radio, television, microwave or any other wireless communications,
nor related facilities or structures shall be permitted in Rappahannock
County except:
(1)
As allowed by this article.
(2)
Antennas and their support structures for over-the-air
television reception.
(3)
Satellite dishes for personal use.
(4)
Noncommercial amateur radio antennas and antenna
support structures, not to exceed 50 feet in height.
(5)
Antennas affixed to vehicles.
(6)
Citizen-band antennas and antenna support structures
not to exceed 50 feet in height.
(7)
Such antennas, antenna support structures and
related communications facilities or structures as are legally in
place as of the effective date of this article, provided that, to
the extent such facilities are in violation of the provisions of this
article, they shall constitute nonconforming uses and/or structures.
B.
Nothing in this article shall have the effect of prohibiting
or regulating:
(1)
Hand-held devices for receiving or transmitting
electromagnetic signals, including personal wireless telephones, pagers
and walkie-talkies.
(2)
GPS receivers.
(3)
Radio transmitting and receiving devices, including
televisions, and their related antennas, located in or on motor vehicles.
(4)
Transmissions through wires or fiber optic cables.
A.
Restrictions on personal wireless services facilities.
Personal wireless services facilities are permitted in Rappahannock
County only as authorized by this article. No personal wireless services
facilities, whether now existing or hereafter approved, shall be expanded,
extended or modified without compliance with this article.
B.
Height restriction. No personal wireless services
facilities shall exceed 199 feet in height, or such height as would
require on-structure lighting by federal law, whichever is less.
C.
Existing antenna support structures. New antennas
are permitted by-right on antenna support structures which are lawfully
in existence as of the effective date of this article with no increase
in height and provided that no horizontal member added to the antenna
support structure to support antennas extends more than five feet
from the antenna support structure. An area extending 10 feet from
the base of the antenna support structure is allowed for the placement
of equipment. Prior to placing such antennas, the facilities must
be registered with the Zoning Administrator, who may require the submission
of any information required in a use permit application.
D.
Zoning districts in which facilities are permitted.
Personal wireless services facilities may be located in any zoning
district so long as all provisions of this article are satisfied;
provided that all buildings, fences, etc., constructed or modified
as part of the facilities are governed by the general zoning law.
For example, if a barn were to be constructed to house facilities,
it will be allowed in such zoning districts as allow barns, and all
buildings shall meet normal setbacks and other requirements of the
general zoning laws.
No personal wireless services facilities shall
be located or placed in Rappahannock County, nor shall construction
of any such facilities or any site access road begin, without a personal
wireless services facilities use permit ("use permit") and a building
permit.
A.
Standards for issuance of use permits. A use permit
may be issued by the Board of Supervisors by special exception after
receiving the recommendation of the Planning Commission. In evaluating
each application for a use permit, the Planning Commission and Board
shall consider:
(1)
The impact of all proposed facilities on public
health, safety and welfare, including danger from structural failure,
electrical shock and unauthorized access, as well as benefits to public
safety organizations, provision of communications in times of natural
disaster and the provision of health-related and emergency services.
(2)
Whether the application maximizes the use of
existing facilities.
(3)
Whether the application promotes the joint use
of proposed and existing facilities.
(4)
The impact of the proposed facilities on the
creation of a convenient, attractive and harmonious community and
on property values, tourism, agricultural and forestal lands and the
existing use and character of land.
(5)
Whether the applicant has provided a comprehensive
plan to provide wireless communications and avoid the piecemeal construction
of redundant facilities.
(6)
Whether the applicant proposes to take reasonable
steps to minimize the visual impact of facilities.
(7)
Whether the application is in proper form and
complete.
(8)
Whether the applicant has demonstrated it is,
or will be, in compliance with all performance standards set forth
in this article.
(9)
Whether the applicant has demonstrated it is
responsible, has honored its commitments to other jurisdictions with
respect to the permitting, construction, operation, maintenance and
removal of its facilities and has the ability to perform and comply
with all terms and conditions applicable to the use permit it seeks.
B.
Terms and conditions applicable to use permits. The
Board may make any use permit subject to such terms, safeguards and
conditions as may be necessary to ensure compliance with this article,
or which will minimize the adverse impact of proposed or existing
facilities on the goals, policies and standards established by this
article. Such terms, safeguards and conditions may include restrictions
on dimensions; the number, appearance and location of facilities;
and the type of antenna support structure to be located at a particular
site, provided that such restrictions shall not have the effect of
prohibiting wireless service or discriminating between service providers.
(1)
Acceptance of the use permit by the permit holder
shall constitute its agreement to pay all court costs, expenses, legal
and expert's fees incurred by the County to enforce the terms of this
article or the use permit or any state or federal law applicable to
the permitted facilities. This provision shall apply whether the enforcement
is necessary against the permit holder or against a co-user whose
use of facilities derives from the use permit issued to the permit
holder.
(2)
As a condition of every personal wireless services
facilities use permit, the permit holder agrees to defend, indemnify
and hold harmless the County of Rappahannock, its officials, agents
and employees against any and all judgments, suits, actions, claims,
demands, rights of action and causes of action for injury to person
or property, including death, which may arise from the use of any
facilities or property placed, located or constructed in Rappahannock
County pursuant to the personal wireless services facilities use permit.
The County may require liability insurance naming the County as an
"also insured" in such amount as may reasonably protect the County
from potential liability due to any act or omission of the permit
holder.
(3)
Collocation. A use permit may require the permit
holder to allow the collocation of antennas and related equipment
owned by other persons or entities on its antenna support structures
consistent with federal law and the design parameters of the support
structures and may require co-use of any other facilities, including
roads and buildings, where practicable. The permit holder shall be
entitled to reasonable compensation from such co-user and may not
discriminate between co-users, it being the intent of this provision
to foster fair competition among service providers, improve efficiency
and provide service to the largest feasible number of users.
(4)
Public safety use. A use permit may require
the permit holder to allow the collocation of antennas and related
equipment owned by the County of Rappahannock, the Virginia State
Police, the Sheriff of Rappahannock County and any fire company or
rescue squad located in Rappahannock County (these organizations are
sometimes referred to as "public safety organizations"), on its antenna
support structures consistent with federal law and the design parameters
of the support structures, and may require co-use of any other facilities,
including roads and buildings, where practicable. For the purposes
of this subsection, facilities placed by any of the enumerated entities
are not limited to personal wireless services facilities but may be
any type of wireless facilities.
(5)
Bonding. The County shall require as a condition
of the issuance of a use permit the posting of a bond, cash or irrevocable
letter of credit in sufficient amount and with sufficient sureties
to ensure the performance of the permit holder's obligations under
the use permit and this article. Such bond shall be of sufficient
amount to pay for the removal of all personal wireless services facilities
when so required either under this article or the use permit. This
bond may be used by the County to pay, or to reimburse itself, for
the cost to remove facilities at any time facilities removal is provided
for under this article, or the use permit, and the permit holder does
not perform the removal itself within any time period specified. Cost
of removal shall include the cost of disposing of the facilities.
The County shall be under no obligation to attempt to sell or salvage
any of the facilities. If the bond is insufficient to cover the removal
cost, the permit holder shall be liable to the County for the difference.
The permit holder is also liable to the County for any legal fees
or court costs necessary to enforce the bond and/or to satisfy any
deficiency.
(6)
The County, upon reasonable notice to the permit
holder, shall have the right to inspect any facilities for compliance
with use permit conditions and this article.
(7)
Annual report. Every use permit holder shall
submit a report to the Zoning Administrator by no later than July
1 of each year:
(a)
That it is in compliance with the terms of the
use permit and this article; and
(b)
Stating the names, addresses and telephone numbers
of all persons or entities who have the right to use or co-use the
facilities, and providing all FCC licenses or permits applicable to
any persons or entities who use the facilities; provided that if such
information is already filed with the County, it will be so indicated,
and the same information need not be filed again.
(8)
If facilities require periodic inspection by
the FCC, the results of such inspections, including any violation
notices, will be filed with the County upon receipt by the permit
holder.
C.
Use permits for facilities located on County property
or operated by the County. If any personal wireless services facilities
are proposed to be located on property owned by the County of Rappahannock,
or if the County is the applicant, the applicant shall proceed in
accordance with the procedures set forth herein for the type of facilities
proposed, and the Zoning Administrator shall forward a copy of the
application to the Planning Commission; however, the Planning Commission
is not required to make a recommendation, hold a public hearing or
otherwise act on the application and the Board may proceed without
such recommendation, provided that this shall not prevent the Planning
Commission from making a recommendation or appearing as a party before
the Board. All advertisement and notice requirements shall apply to
the proceedings before the Board, and the Board shall hold a public
hearing on the application and proceed as on any other application.
D.
Use permits nonassignable.
(1)
A personal wireless services facilities use
permit is not assignable except:
(a)
In the event of the merger, buy-out, spin-off,
reorganization, dissolution or restructuring of the permit holder,
or any subpart or division thereof which uses the facilities under
the use permit, the resulting entity may apply to the Zoning Administrator
for a transfer of the use permit. A mere change of name shall not
require a transfer, but the County shall be notified of same, in writing;
or
(b)
In the event a person or entity co-using facilities
under the use permit, or under a separate use permit, desires to become
the permit holder.
(2)
A transfer fee of $300 shall be paid by the
person or entity seeking the transfer. Upon receiving a request to
transfer a use permit, the Zoning Administrator shall require any
parts of the original use permit application which are no longer accurate
to be corrected and shall review compliance with use permit conditions
and this article. Any transfer shall be conditioned upon any deficiencies
being satisfied. If the applicant for transfer satisfies the foregoing,
the use permit shall be transferred to the applicant, who shall then
be the permit holder. An applicant may request that only part of the
facilities be transferred to it, in which case the use permit shall
so reflect; provided that the Zoning Administrator shall not be required
to approve such a partial transfer until provision is made for the
removal or use of facilities not included under the use permit as
transferred. The transfer contemplated by this subsection shall not
act to relieve the original permit holder from obligations imposed
on it by the use permit or this article upon which it was required
to act as of the time of transfer of the use permit. Specifically,
no transfer shall relieve the original permit holder from the requirement
to remove facilities no longer in use and not transferred to the new
permit holder, nor relieve it from payment of any sums due the County,
nor cause the release or discharge of any bond; provided that the
Board may release the original permit holder from such requirements
if they are assumed by the new permit holder, or some other person,
in a manner satisfactory to the Board.
E.
Verification of permit holder. At any time during the term of a use permit, the Zoning Administrator may make written request to the permit holder to certify, in writing, within 60 days that it is still doing business as the same entity to which the use permit was issued, to verify its address and a contact person and that there has been no attempt to assign or transfer the permit. If the applicant does not comply, the Board may institute proceedings in accordance with § 170-108.7B and C to revoke the use permit.
F.
A use permit shall restrict the use of the facilities
to the permit holder and such co-users as are designated in the use
permit. No other person or entity may use the facilities without first
complying with this article and/or the conditions imposed in the use
permit. Where facilities are approved for co-use at the time of issuance
of the original personal wireless service facilities use permit without
designating the identity of the co-user, a person or entity desiring
to co-use the facilities shall apply to the Zoning Administrator for
a personal wireless services facilities use permit which may be administratively
approved without further review upon a showing by the co-user that
the proposed co-use is in accordance with all permits previously issued
for the facilities and with this article. The filing fee for such
a permit is $200, provided that this fee shall be waived if the applicant
is a public safety organization.
G.
Waiver of requirements of chapter. In granting a use
permit, the Board may waive or reduce any performance standard or
limitation provided in this article after the public hearing before
the Board if it finds such waiver or reduction shall best advance
the goals, policies and standards of this article. For antenna support
structures located on the property owned or occupied by a fire company
or rescue squad, the Board may allow the collocation of any type of
wireless or radio communication facilities or antennas. Procedural
provisions of this article necessary to obtain a use permit relating
to the application process, notice, public hearing and Planning Commission
review may not be waived. Among the factors the Board may consider
are whether the waiver or reduction:
(1)
Will enhance the provision of services by public
safety organizations.
(2)
Will eliminate or reduce the need for additional
or more offensive facilities.
(3)
Will enhance a County-wide plan for the provision
of wireless service.
(4)
Is consistent with the existing use of the property
and the surrounding area.
H.
Maintenance of facilities. During the term of any
use permit, the permit holder shall be responsible to maintain all
permitted facilities in a safe condition and in accordance with all
terms and conditions stated in the use permit or in this article and
to comply with all applicable federal laws and regulations and the
Uniform Statewide Building Code. All facilities shall be maintained
so that they function as they were designed, in accordance with any
FCC licenses, and as represented in the use permit application.
I.
Denial of application. If the Board denies an application
to place, construct or modify personal wireless services facilities,
the denial shall be in writing and supported by substantial evidence
contained in a written record.
A.
The applicant shall specify the location and capacity
of all facilities planned for location in Rappahannock County, or
in any adjacent County from which service may be provided into Rappahannock
County, within the next four years. Although covering multiple sites,
only one filing fee shall be charged. To facilitate a comprehensive
approach to facilities siting, the County may make available to an
applicant any information filed with the County in the course of any
use permit application or otherwise, except proprietary information
which is exempt from disclosure under the Virginia Freedom of Information
Act. Upon request of the applicant, and satisfaction of the requirements
of this article, one use permit may authorize the activities of the
applicant and all co-users listed in the application at multiple sites,
and thereby eliminate the need for separate applications and review
at a later date.
[Amended 7-2-2001]
C.
All applicants for a personal wireless services facilities
use permit must file with the Zoning Administrator the following information
in order for their application to be complete and proper for consideration:
(1)
The name, address and telephone number of the
applicant and their agent in Virginia. If the applicant is other than
a natural person, the name, address and telephone number of a contact
person. The applicant shall become the permit holder upon issuance
of the use permit.
(2)
A description of all facilities being requested,
their function and location. The same information shall be submitted
as to any facilities planned by the applicant for location in Rappahannock
County, or an adjacent County if the facilities may serve Rappahannock
County, within the following four years.
(3)
The number and type of antennas to be placed
on any antenna support structure, whether by the applicant or a co-user,
their frequency, range, dimensions, proposed location on the antenna
support structure and radiated power. A topographical signal propagation
map shall be provided for each antenna. A map shall be provided showing
the estimated true effective service area of each antenna taking into
account the transmission range of the mobile cellular telephones which
may attempt to use the antenna. The co-use capabilities of each antenna
support structure shall be provided.
(4)
A map and statement showing how the proposed
facilities fit into and complement a comprehensive plan to provide
cellular telephone service, taking into account all other facilities
of the applicant, or to which the applicant has, or may acquire, co-use
rights, in Rappahannock County and all adjoining counties, whether
the facilities are existing or planned within the next four years.
(5)
Copies of all necessary permits and licenses
required by the federal government for the construction and operation
of the personal wireless services facilities requested. No person
or entity may receive a personal wireless services use permit unless
they either hold a valid FCC license to construct and operated the
requested facilities, or they have an irrevocable written contract
with an entity which holds such a license which commits the license
holder to use the requested facilities to provide personal wireless
services in Rappahannock County; provided, if such material is, in
the opinion of the Zoning Administrator, too voluminous, the applicant
may submit only such portions as are necessary in light of the facilities
requested. If any such license or permit is renewable, the applicant
shall state the time of renewal and the time any public comment period
begins with the FCC relative to such renewal. If the applicant is
required by federal law to file an environmental assessment with the
FCC, a copy of the assessment shall be filed with the application.
The applicant shall state the time of any comment period on the environmental
assessment.
[Amended 7-2-2001]
(6)
Proof that the facilities requested fall within
the definition of personal wireless services facilities.
(7)
A list of the location and type of all other
antenna support structures owned or operated by the applicant in Virginia,
to a maximum of five, and the names, telephone numbers and addresses
of any authorities from which the applicant has obtained permits to
construct and/or operate such structures. If the applicant has ever
been notified by any governmental entity that it was in violation
of any permit, law or condition, the applicant shall provide a copy
of such notice and explain the resolution thereof. The applicant may
additionally, at its option, provide the names of other governmental
entities as references to the fulfillment of the conditions of its
prior permits.
(8)
If the applicant is a corporation, LLC or partnership,
proof of authority to do business in Virginia, and the name and address
of any registered agent. If the applicant is a closely held corporation,
LLC or a partnership, then the names and addresses of all persons
who have an ownership interest. This information must be kept current
throughout the term of the use permit. If the applicant is required
to record a fictitious name certificate, a copy of same shall be filed
with the application.
(9)
Written permission from the property owner(s)
permitting the personal wireless services facilities to be located
on the land shown on the site plan and providing access thereto and,
if requested by the County, copies of all deeds, leases, options,
rights-of-way or other agreements permitting the personal wireless
services facilities to be located on the land shown on the site plan
and providing access thereto; provided that the applicant may excise
references to price, rent or other financial terms.
(10)
Copies of any lease, option or other agreement
with any other individual or entity allowing the use or co-use of
any of the facilities covered by the application, provided that the
applicant may excise references to price, rent or other financial
terms. If any such individual or entity will be using the facilities,
or any part thereof, for a purpose which requires a federal license
or permit, or authority to do business in Virginia, then such individuals
or entities shall provide proof of same. The same information shall
be immediately submitted if any written leases, options or agreements
concerning the proposed facilities are entered into while the application
is pending or while the use permit is in effect.
(11)
The applicant shall state whether any of the
facilities it is requesting are a public utility facility or public
service corporation facility within the meaning of § 15.2-2232
of the Code of Virginia.
(12)
The applicant shall demonstrate that its proposed
activities meet all FCC standards for noninterference with out-of-band
services. The applicant may comply with this provision by filing a
statement signed by a registered professional engineer, dated no more
than 30 days before the filing of the application, which certifies
that he/she has reviewed the specifications for all signal transmitting
equipment which the applicant proposes to use in Rappahannock County
and that equipment meets all FCC standards.
[Amended 7-2-2001]
(13)
If the applicant plans to use a generator or
other audible equipment in connection with any of its facilities,
it shall specify the steps proposed to abate noise pollution into
nearby residences.
(14)
The applicant shall demonstrate that it has
taken appropriate measures to secure its facilities against unauthorized
access and to be alerted if an unauthorized access is attempted. A
photograph or other visual depiction of any fence to be used shall
be submitted with the site plan.
(15)
The applicant shall demonstrate that there are
no delinquent real estate taxes on any land on which facilities will
be located.
D.
The person signing the application certifies:
(1)
He/she has authority to do so on behalf of the
applicant and to bind the applicant and any co-users specified in
the application to all conditions of the personal wireless services
facilities use permit, provided that the County may require appropriate
corporate resolutions or other assurances from an applicant if deemed
necessary to ensure compliance with permit conditions.
(2)
The applicant has reviewed the Rappahannock
County Zoning Ordinance and understands its obligations hereunder.
(3)
The applicant has provided a copy of this article
to all persons or entities who intend to use the facilities or who
own land on which facilities will be located.
E.
Amendments to applications.
(1)
The applicant may amend its application at any
time prior to the public hearing before the Board for the following
purposes:
(a)
To provide information requested by the Planning
Commission.
(b)
To include additional facilities' sites not
available to it at the time the application was filed in order to
provide a more comprehensive plan or offer alternatives to the Board.
(c)
To include co-users obtained since the application
was filed.
(d)
To correct typographical/clerical errors.
(e)
To correct information which has changed since
the application was filed.
(2)
If any amendment, in the opinion of the Board,
substantially changes the application from that which was advertised
for public hearing before the Board, such as to request different,
additional, larger or expanded facilities or facilities which may
have a more negative impact on any of the goals and standards of this
article than what was advertised, the Board shall either refer the
amended application back to the Planning Commission for its recommendation
or table the application. If the application is referred to the Planning
Commission, it shall proceed with notice and hearing requirements
as on an original application, as shall the Board upon receiving the
recommendation of the Planning Commission; provided that the mailing
of notice shall be required only to property owners within a one-mile
radius of any antenna support structures which were added to the application
or the height of which were increased by the amendment, unless the
Board determines that because of the extent of the amendment the mailing
should also include some or all of the property owners notified at
the time of the original application.
(3)
If the application is tabled, the Board shall
readvertise the amended application to give notice in accordance with
§ 15.2-2204 of the Code of Virginia prior to holding a public
hearing, provided that the mailing of notice shall be required only
to property owners within a one-mile radius of any antenna support
structures which were added to the application by the amendment or
the height of which were increased by the amendment, unless the Board
determines that because of the extent of the amendment the mailing
should also include some or all of the property owners notified at
the time of the original application. The Board shall undertake to
hold the public hearing at its next regular monthly meeting after
all notice/advertisement requirements of law can be met or on such
later date as the applicant and Board agree.
(4)
Any delay attributable to the amendment shall
be deemed to be at the applicant's request. Any additional advertising
or other costs shall be paid by the applicant. The applicant shall
also be responsible for the cost of any technical review necessitated
by the amendment.
F.
Notice of application for proposed facilities. Under
the authority of § 15.2-2206 of the Code of Virginia, the
applicant shall, at its expense, give all notices required by § 15.2-2204A
and C with respect to any public hearing before the Planning Commission
and the Board. An application shall be treated in the same manner
as an ordinance for advertisement purposes under § 15.2-2204A,
and as an application for a special exception for the purposes of
§ 15.2-2204C. In addition, the applicant shall give notice
by first class mail in the form described below to all landowners
contiguous to any property where Category 1, 2, or 3 facilities are
proposed to be located, and to all landowners within one mile of any
proposed Category 4 facility, unless the landowner has signed a waiver
of notice. The Zoning Administrator shall provide the applicant with
the names and mailing addresses of such owners as they appear on the
Tax Map and index thereto. The applicant shall provide the County
with the certification of notice and mailing list required by § 15.2-2206
at least five days prior to any hearing. The notice to be mailed to
property owners shall contain, at a minimum, the following:
[Amended 7-2-2001]
(1)
The name, address and telephone number of the
applicant and of a contact person who can answer questions.
(2)
That the applicant is requesting from the County
a permit to construct and place certain wireless communications facilities
at a specified location(s) in Rappahannock County. The applicant shall
specify the locations of any antenna support structures by reference
to bearings and distances from at least two public road intersections,
and the name of the property owner(s) on whose property the antenna
support structures are to be located.
(3)
A description of the facilities being proposed,
including roads, and the height and nature of any structures, including
antenna support structures.
(4)
The date, time and place of any public hearings
on the application.
(5)
That comments on the application may be made
in person at any public hearing or in writing to the applicant or
the Zoning Administrator. All such written comments received shall
be made a part of the record at the public hearing next following
their receipt.
(6)
That a complete copy of the application is on
file for review at the office of the Zoning Administrator and at a
place designated by the applicant, and the hours during which it may
be reviewed.
(7)
That the application may be amended by the applicant
at any time before the public hearing by the Board. If the amendment,
in the opinion of the Board, substantially changes the application
from that which was advertised for public hearing, such as to request
different, additional, larger or expanded facilities, or facilities
which may have a more negative impact on any of the goals, policies
and standards of the Telecommunications Ordinance than what was advertised,
the Board may either refer the amended application back to the Planning
Commission for public hearing and its recommendation, to be then returned
to the Board for readvertisement and public hearing prior to any action
by the Board; or it may table the application and readvertise the
amended application for public hearing by the Board. In either event,
you may not receive further notice by mail, but any additional public
hearings will be advertised in the Rappahannock News. Any amended
application will be on file in the same manner as the original application.
G.
Right of entry.
[Added 7-2-2001]
(1)
By applying for a personal wireless services
use permit, the applicant agrees that representatives of the County,
including members of the Planning Commission and the Board of Supervisors,
may come upon any property proposed for construction of facilities
in order to make such inspections and measurements as may be reasonably
necessary to ensure compliance with this article or to evaluate a
permit application. Further, the applicant shall secure the permission
of any property owners for the same purpose, if necessary. Upon request
of the applicant, such entry shall be made at prearranged times.
(2)
By accepting a personal wireless services use
permit, the applicant agrees that representatives of the County may
come upon any property approved for the construction of facilities
in order to make such inspections and measurements as may be reasonably
necessary to ensure compliance with, and to enforce, this article.
Further, the applicant shall secure the permission of any property
owners for the same purpose, if necessary. Upon request of the applicant,
such entry shall be made at prearranged times, except in cases of
emergency.
A.
A personal wireless services facilities use permit
shall automatically terminate, without the necessity of further action
by the County, when the permit holder no longer has the necessary
FCC licenses or permits to operate its facilities or upon the expiration
of any time limit stated in the use permit.
B.
A personal wireless services facilities use permit
may be revoked or modified upon a finding by the Board of the failure
of the permit holder, or any person or entity whose use is authorized
by the use permit, to comply with a term or condition of the use permit
or of this article. Initially, the permit holder shall be given written
notice from the Zoning Administrator which specifies:
(1)
The noncompliance;
(2)
The action necessary to remedy the noncompliance;
and
(3)
The date by which remediation must occur, which
date may be no sooner than 60 days from date of posting of the notice;
provided that, if the noncompliance creates an imminent danger to
person or property, the remediation must occur within 7 days of posting.
C.
If remediation does not occur within the time specified,
the Board shall give notice and conduct a hearing prior to terminating
the use permit. The Board shall follow the procedures provided by
§ 15.2-2309(7) of the Code of Virginia, but the Board reserves
unto itself sole authority to revoke a use permit.
D.
Voluntary relinquishment of permit. In the event a permit holder wishes to voluntarily relinquish its permit and be relieved from responsibility under this article, it may do so, and, upon removal of all facilities in accordance with § 170-108.13, any bond shall be returned or released; provided that no permit holder shall be able to relinquish its permit without the consent of all co-users of the facilities.
E.
In the event that the permit holder desires to discontinue
use of an antenna support structure located on property owned by a
fire company or rescue squad which supports antennas used by public
safety organizations, the permit shall be transferred to said company
or squad which shall then become responsible for the obligations of
the permit holder under this article, including the removal of the
antenna support structure when all use of same is discontinued. Prior
to authorizing transfer of the permit, the parties shall satisfy the
County that satisfactory arrangements have been made to ensure the
financial responsibility for the removal of any antenna support structure
upon discontinuance of all use. The transfer fee shall be waived.
F.
In the event that the permit holder desires to discontinue
use of an antenna support structure located on property other than
that owned by a fire company or rescue squad, which antenna support
structure supports antennas used by public safety organizations, the
permit shall be transferred to such public safety organization, or
organizations collectively if there is more than one, who shall then
become the permit holder. In the alternative, the permit may be transferred
to such person or entity as is directed by all remaining users of
the antenna support structure. Prior to authorizing transfer of the
permit, the parties shall satisfy the County that satisfactory arrangements
have been made to ensure the financial responsibility for the removal
of any antenna support structure upon discontinuance of all use. The
transfer fee shall be waived. Any public safety organizations which
anticipate they may desire to continue the use of an antenna support
structure after the term of the lease between the permit holder and
the landowner must make an agreement directly with the landowner;
the County cannot require a private party to accept the continued
placement of facilities on private property.
A.
All utilities serving personal wireless services facilities
shall be underground, except if utilities serving preexisting structures
are aboveground, then any new utilities may be provided on the same
poles or towers.
B.
All signal transmissions to and from the facilities
and a mobile telephone switching office (MTSO) or a public switched
telephone network shall be underground; microwave or other antennas
shall not be used.
C.
No satellite dishes or other microwave antennas shall
be attached to antenna support structures.
D.
Antennas and antenna support structures may exceed
the maximum building height limitations provided in the Zoning Ordinance
if they are in compliance with this article.
E.
Antennas shall be of a material and color which blend
with the exterior of any antenna support structure on which they are
located.
F.
No lights, signs or advertising shall be allowed on
any facilities, provided that "No Trespassing," informational, warning
or similar signs are allowed as specified in the use permit.
G.
Upon completion of construction of the facilities,
the applicant shall certify to the County the cost of such facilities,
itemized as to each individual structure. The applicant shall also
submit as built drawings and/or plat of survey showing the location
and dimension of facilities, including underground utilities, as actually
constructed.
H.
If facilities are located on the roof of a building,
the area of the facilities shall not occupy more than 25% of the roof
area and shall be screened with compatible materials.
J.
All facilities shall be secure against unauthorized
access and shall provide a means of alarm if unauthorized access is
attempted.
The following are in addition to the general
requirements stated above:
A.
Site plan. The applicant shall submit photographs
or a videotape showing the structure proposed for use as an antenna
support structure. Prior to delivery of the use permit, and after
the installation of the facilities, the Zoning Administrator shall
verify either no, or minimal, external changes to the antenna support
structure. A drawing shall be submitted by a certified land surveyor
or professional engineer showing the location of all proposed underground
wires, cables and conduits to and from the antenna support structure.
Prior to delivery of the use permit, an as built drawing shall be
provided.
B.
Site access road. If there is no existing road, the
Board shall approve the minimum road necessary in its judgment.
C.
Additional performance standards: none.
The following are in addition to the general
requirements stated above:
A.
Site plan. The applicant shall submit engineering
and/or architectural drawings showing the proposed facilities and
the location of all underground wires, cables and conduits. Prior
to delivery of the use permit, an as built drawing shall be provided.
B.
Site access road. If a new road is required, the Board
shall determine the type of road after taking into account existing
roads or means of access, frequency of use, potential for erosion,
destruction of trees, foliage and terrain features and visibility.
C.
Additional performance standards: none.
The following are in addition to the general
requirements stated above:
A.
Site plan. The applicant shall submit engineering
and/or architectural drawings showing the proposed facilities, including
the location of all underground wires, cables and conduits.
B.
Site access road. If a new road is required, the Board
shall determine the type of road after taking into account existing
roads or means of access, frequency of use, potential for erosion
and destruction of trees, foliage and terrain features and visibility.
C.
Additional performance standards. Care shall be taken
to match compatible materials, textures and colors, and scale shall
be in keeping with the surroundings.
The following are in addition to the general
requirements stated above:
A.
Demonstration of need. The applicant shall demonstrate
that:
(1)
The service to be provided by the requested
facilities may not be met by existing or planned facilities, or an
upgrade thereto, or by the use of planned or existing facilities on
which it may collocate. This provision shall apply to facilities in
Rappahannock County or any adjacent County.
(2)
The reasons for selecting the particular site
as the location of the proposed facilities.
B.
Site plan. The applicant shall comply with the requirements of Article XIV, Chapter 170 of the Rappahannock County Code (Site Plans, § 170-120 et seq.), except as may be waived by the Board as not applicable to the facilities requested; provided that if any provision of this article is more restrictive than a corresponding provision of said Article XIV, then the more restrictive provision shall control. Photo imagery or other visual simulation of the proposed facilities shall be provided. This similation shall be provided from a minimum of three perspectives. The applicant shall address how the facilities can be designed to mitigate the visual impact on area residents, facilities and roads and shall specifically address the effect on Virginia byways, scenic highways and historic districts. The applicant shall, at its own expense, at the request of the Planning Commission or Board of Supervisors, schedule a crane or balloon to be placed on the site and raised to the maximum height of the proposed facility.
[Amended 7-2-2001]
C.
The site access road shall be a Type II subdivision
road, unless waived by the Board after taking into account existing
roads or means of access, frequency of use, potential for erosion
and destruction of trees, foliage and terrain features and visibility.
D.
Additional performance standards.
(1)
Personal wireless services facilities shall
not be located within a one-hundred-year floodplain nor shall their
construction cause significant changes in surface features, such as
wetland fills, deforestation or water diversion.
(2)
All buildings shall comply with the setbacks
applicable to the zoning district in which they are located.
(3)
The proposed facilities shall be as compatible
as possible with development in the vicinity with regards to the setting,
color, topography, materials and architecture. In addition, the facilities
should be located in the interior of the property, and areas of existing
vegetation shall be used to screen the facilities.
(4)
All Category 4 antenna support structures shall
be designed to accommodate at least three co-users unless the applicant
can demonstrate:
[Amended 7-2-2001]
(a)
Doing so would create an unnecessary visual
impact on the surrounding area; or
(b)
No additional need is anticipated for any other
potential user in the vicinity; or
(c)
There is some valid economic, technological
or physical justification as to why collocation is not possible; or
(d)
The antenna support structure (exclusive of
the lightning rod) shall be located so that, as built, it does not
extend more than 20 feet above the surrounding tree canopy. It is
the intent of this provision to allow surrounding trees to act as
a visual buffer for the support structure, and therefore the applicant
shall demonstrate that it has control over the cutting of such trees
as it proposes as a buffer.
(5)
The applicant shall identify the conditions
under which future collocation by other service providers is permitted.
(6)
All antenna support structures shall meet the
requirements of ANSI/EIA-222-F or any subsequent successor to this
standard.
(7)
This provision is intended to provide for the
public safety in the event of antenna support structure collapse,
and from falling ice and/or attachments. If the facilities include
an antenna support structure in excess of 50 feet in height, other
than a building, there shall be established for any such antenna support
structure a circle, the center of which coincides with the antenna
support structure, and the radius of which is equal to 110% of the
height of the antenna support structure. This circle shall be known
as the "antenna support structure setback" ("setback"). All facilities
or structures located, or planned to be located, within the setback
shall be shown on the site plan. The property owner may erect additional
structures, or modify existing structures, within the setback at his/her
own risk. Nothing shall prevent agricultural and farming operations
in the setback. It is not necessary that the applicant lease or acquire
the property within the setback, but the setback shall be completely
contained within the property of the property owner, and shall not
extend onto property of any third party.
[Amended 7-2-2001]
(8)
Any buildings which are part of the facilities
shall not contain more than 260 square feet of total gross floor area;
provided that the approving authority may allow such additional floor
area as is necessary to accommodate the equipment of any co-user of
the facilities. All co-users shall use the same building unless they
can demonstrate the necessity of separate buildings for equipment
placement or unless, in the opinion of the Board, separate buildings
are more appropriate to achieve the goals, standards and purposes
of this article. All such buildings shall meet the setback standards
for the zoning district in which they are to be located. Structures
shall not exceed 12 feet in height. The building shall be of a material
or color which matches the exterior of any surrounding buildings or
structures. All buildings shall have a roof with a pitch of no less
than 4 to 12. Applicants are encouraged to place all equipment underground,
in which case none of the provisions of this subsection shall apply.
(9)
Facilities shall be landscaped with a mix of
hedge and trees to screen structures from adjacent properties and
public roads. The standard buffer should consist of an area 10 feet
in width outside of any fenced area. This requirement may be reduced
or waived if the applicant can show sufficient natural buffer. Existing
tree growth and natural land forms on site shall be preserved to the
maximum extent possible. Existing trees shall not be removed, except
as may be necessary to permit construction of the facility, including
vehicular access, to protect safety of persons or facilities, or to
eliminate degradation of signal transmission and reception. The applicant
shall show on the site plan the area in which trees will be removed
and which will be landscaped. In lieu of installation of the landscape
materials prior to issuance of a use permit, the applicant may post
a bond acceptable to the County conditioned upon satisfactory installation
of the landscaping proposed on the site plan.
(10)
The permit holder shall be responsible for the
maintenance, repair and replacement of all required landscape materials,
screening, fences, walls and buffering. All plant material shall be
tended and maintained in a healthy growing condition, replaced when
necessary and kept free of refuse and debris.
[Added 8-2-2021]
The following requirements apply to Category 5 facilities only:
A.
Category 5 facilities shall meet only the following requirements
for administrative permit approval notwithstanding any other requirements
of this article to the contrary:
(1)
No special use permit or special exception permit shall be required.
An administrative zoning permit is required.
(2)
The facility shall not be located within 1,000 feet of a primary
highway.
(3)
The facility shall be camouflaged to suit the location and be nonreflective.
(4)
Tower lighting is prohibited.
(5)
Facilities shall not be located within a 100-year floodplain. Construction
of these facilities may not significantly alter existing surface features.
Facilities shall not be constructed on wetland fills. Construction
of a facility shall not cause water diversion and shall not require
significant deforestation.
(6)
In lieu of a site plan, the applicant shall submit a scaled plot
plan showing the facility location relative to all parcel boundaries.
The facility shall be located so its fall zone is contained within
the parcel upon which the facility is constructed. The fall zone of
the facility shall consist of a radius equal to or greater than 110%
of its height as measured horizontally from the base of the facility.
A shorter fall zone radius may be approved if there is included in
the permit application a notarized statement or statements from the
owner(s) of any affected adjacent parcel(s) stating that the owner(s)
of the affected adjacent parcel(s) have no objection to a shorter
radius fall zone.
(7)
Drawings showing the proposed facilities, including the location
of all underground wires, cables, conduits, and dimensions of microwave
dishes must be provided.
(8)
If the tower is not used for public safety or broadband uses for
a period of two years, the permittee shall remove all facilities (tower
and appurtenances).
All above-ground Category 4 personal wireless
services facilities shall be disassembled and removed from the site
within 90 days of the discontinuance of the use of the antenna support
structure, provided that buildings may remain unless their removal
is required by the use permit. This provision shall not be applicable
until all users discontinue use of the antenna support structure.
For the purpose of this article, "discontinuance" shall mean no permitted
use of an antenna support structure, or no valid permit holder, for
a period of six consecutive months. Removal may be required of all
facilities covered by a particular use permit, or certain facilities
may be allowed to remain if they are part of an integrated system
still in use, as for example, underground cables or electronic equipment
serving multiple sites; provided that, in such event, the use permit
shall be amended to allow only such joint use facilities.
In the event of the total or partial collapse of an antenna support structure, the permit holder shall immediately stabilize any remaining structure, and ensure the safety and integrity of all related facilities. Within 90 days the permit holder shall inform the County whether it will reconstruct the facilities or remove same. if reconstruction is chosen, the permit holder shall comply with the then existing building code; any changes made from the originally permitted facilities shall require approval as provided by this article, and all reconstruction shall be completed within six months of the collapse. If the permit holder does not inform the County within 90 days of its intent to reconstruct its facilities, the County shall notify the permit holder that unless notification to reconstruct is received by the County within 60 days, the County may proceed to terminate the use permit in accordance with § 170-108.7C. If the use permit is terminated, the permit holder shall immediately begin to dismantle and remove all permitted facilities. Failure of the permit holder to comply with this provision shall entitle the County to use any bond, cash or letter of credit posted by the permit holder for removal of facilities and to proceed as provided by § 170-108.5B(5).
Any notice or request required to be given or
sent to an applicant or permit holder, whether under this article
or a use permit, or required by any other law, shall be deemed given
as of date of posting, by certified mail, to such address as is given
by the applicant in its permit application, or any subsequent amendment
thereto, or in the use permit, whichever address is most recent in
date. The County shall not be required to give notice to any facility
co-users or landowners, it being the duty of the permit holder to
keep all such persons informed of any notice or request by the County.
Actual notice, by whatever means received, shall also be sufficient.
On any application for personal wireless services
facilities, pursuant to § 15.2-2232F of the Code of Virginia,
the Planning Commission's decision shall comply with the requirements
of the Federal Telecommunications Act of 1996. Failure of the Commission
to act on any such application within 90 days of such submission shall
be deemed a recommendation of approval of the application by the Commission
unless the Board of Supervisors has authorized an extension of time
for consideration or the applicant has agreed to an extension of time.
The Board may extend the time required for action by the local Commission
by no more than 60 additional days. If the Commission has not acted
on the application by the end of the extension, or by the end of such
longer period as may be agreed to by the applicant, the application
is deemed approved by the Commission; provided that nothing herein
shall have the effect of removing final approval authority from the
Board of Supervisors, the approval by the Planning Commission being
a recommendation.
[Amended 8-2-2021]
Pursuant to § 58.1-3237 of the Code
of Virginia, any property which has qualified for special assessment
under Article 4, Chapter 32, Subtitle III of Title 58.1 of the Code
of Virginia (land-use taxation), which is leased or conveyed for the
placement of Category 4 facilities shall be subject to roll-back taxes
as therein provided, the placement of said facilities being deemed
a change in use. The placement of Category 1, 2, 3, or 5 facilities
shall not be deemed a change in use. All roll-back taxes must be paid
before any use permit may issue.
No provision of this article shall be construed
to create a right of action in any third party against the County
to cause it to enforce any provision of this article or to perform
any act which is discretionary.
Any person aggrieved by a decision of the Zoning
Administrator may appeal such decision in accordance with the provisions
of § 15.2-2311 of the Code of Virginia. Any person aggrieved
by a decision of the Board may appeal such decision in accordance
with the provisions of § 15.2-2285F. of the Code of Virginia.
