HomeMy WebLinkAboutZTA201500001 Attachment AStaff Summary of FCC Rule
Attachment A
In this summary staff will highlight the most significant provisions of the FCC rule. For the specific
language of the FCC rule please refer to the Federal Register or Attachment B. The existing Federal law
(The Middle Class Tax Relief and Job Creation Act of 2012) states that the County "may not deny and
shall approve any eligible facilities request for modification of an eligible support structures that does
not substantially change the physical dimensions of such structure ". The Federal law only defined
"eligible facilities request" it did not include a definition of "substantial change" or define any other
terms used in the law. The County adopted a definition of what constituted a "substantial change" in
2013. The new rule by the FCC defines "substantial change" and also establishes definitions for various
terms and modifies the "shot clock ". The rule applies to "any Commission authorized wireless
communication services ". This includes licensed and unlicensed services. Some Wireless Internet
Service Providers, WISPS operate as unlicensed services. They and the traditional licensed carriers will
be able to operate under the FCC rule. Staff has summarized the impact of the FCC rule below. The only
provisions staff has commented on are those that will require the County to amend the Zoning
Ordinance.
Changes to the application process.
- Still have 30 days to determine if application is complete. However, if the application is deemed
incomplete it must specify the code provision, ordinance, application instruction or otherwise
publically- stated procedures.
- Once new information is submitted the County has 10 days to determine if the new information
completes the application.
- Second or subsequent notices that the application is incomplete my not specify missing
information not contained in the original notice of incompleteness.
- FCC does not enumerate what constitutes a "complete" application. However, information
requested on the application is limited to what is necessary to determine if the change is
substantial.
Changes in "Shot Clock" — The "Shot Clock" is the time used to describe the amount of time the County
has to act on an application.
- Shot clock for collocations that are not substantial changes (exempt collocation) is reduced from
90 days to 60 days. Shot clock for collocations that are substantial changes remains 90 days.
- Failure to act on applications that are exempt collocations within 60 days results in the
application being deemed granted. Applications that are a substantial change are not deemed
granted if the review extends beyond 90 days.
- Distributed Antenna Systems and Small Cells are to be reviewed under the new 60 day shot
clock.
Definitions are added for the following:
- Tower -any structure built for the sole or primary purpose of supporting any FCC licensed or
authorized antenna and associated facilities.
Existing structure - is one that is in place or approved at the time the application for collocation
is made.
Base station - any structure or equipment used for a County approved personal wireless services
and includes Distributed Antenna Systems (DAS) and small cells.
- Collocation - mounting on an eligible structure, which includes the installation of anything that
facilitates transmission. This includes, among other things, antenna, cables and primary and
backup power supplies.
- Eligible structure - any tower or base station.
Eligible request - anything that isn't a substantial change.
- Substantial change is a modification that:
o Increases the height of the tower by more than 10% or more than twenty feet,
whichever is greater.
o Increases the height of other eligible support structures by more than 10% or more than
ten feet, whichever is greater.
o Involves adding an appurtenance to the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure, whichever
is greater.
o Involves adding an appurtenance to other eligible support structures that would
protrude from the edge of the structure by more than six feet, or more than the width
of the tower structure, whichever is greater.
o Involves installation of more than the standard number of new equipment cabinets for
the technology involved, but not to exceed four cabinets.
o Involves any excavation or deployment outside of the current site.
o Would defeat the concealment elements of the eligible support structure.
o Does not comply with conditions of approval for the eligible structure, provided that this
limit does not apply if the modification is consistent with the above limits.
Portion of FCC Rule
Attachment B
Subpart CC —State and Local Review of Applications for Wireless Service Facility Modification
§ 1.40001 Wireless Facility Modifications.
(a) Purpose. These rules implement section 6409 of the Spectrum Act (codified at 47 U.S.C.
1455), which requires a State or local government to approve any eligible facilities request for a
modification of an existing tower or base station that does not substantially change the physical
dimensions of such tower or base station.
(b) Definitions. Terms used in this section have the following meanings.
(1) Base station. A structure or equipment at a fixed location that enables Commission -
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined in this
subpart or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial
or fiber -optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed
Antenna Systems and small -cell networks).
(iii) The term includes any structure other than a tower that, at the time the
relevant application is filed with the State or local government under this
section, supports or houses equipment described in paragraphs (b)(1)(i) through
(ii) of this section that has been reviewed and approved under the applicable
zoning or siting process, or under another State or local regulatory review
process, even if the structure was not built for the sole or primary purpose of
providing such support.
(iv) The term does not include any structure that, at the time the relevant
application is filed with the State or local government under this section, does
not support or house equipment described in paragraphs (b)(1)(i) –(ii) of this
section.
(2) Collocation. The mounting or installation of transmission equipment on an eligible
support structure for the purpose of transmitting and /or receiving radio frequency
signals for communications purposes.
(3) Eligible facilities request. Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or base
station, involving:
(i) Collocation of new transmission equipment; (ii) Removal of transmission
equipment; or
(iii) Replacement of transmission equipment.
(4) Eligible support structure. Any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the State or
local government under this section.
(5) Existing. A constructed tower or base station is existing for purposes of this section if
it has been reviewed and approved under the applicable zoning or siting process, or
under another State or local regulatory review process, provided that a tower that has
not been reviewed and approved because it was not in a zoned area when it was built,
but was lawfully constructed, is existing for purposes of this definition.
(6) Site. For towers other than towers in the public rights -of -way, the current
boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site, and, for other eligible support structures,
further restricted to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
(7) Substantial change. A modification substantially changes the physical dimensions of
an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights -of -way, it increases the
height of the tower by more than 10% or by the height of one additional
antenna array with separation from the nearest existing antenna not to exceed
twenty feet, whichever is greater; for other eligible support structures, it
increases the height of the structure by more than 10% or more than ten feet,
whichever is greater; (A) Changes in height should be measured from the
original support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications that were
approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights -of -way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge of
the tower more than twenty feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but
not to exceed four cabinets; or, for towers in the public rights -of -way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre- existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height
or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure;
or
(vi) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non - compliant only in a manner that would not exceed the
thresholds identified in § 1.40001(b)(7)(i) through (iv).
(8) Transmission equipment. Equipment that facilitates transmission for any
Commission - licensed or authorized wireless communication service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber -optic cable, and regular and
backup power supply. The term includes equipment associated with wireless
communications services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
(9) Tower. Any structure built for the sole or primary purpose of supporting any
Commission - licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site.
(c) Review of applications. A State or local government may not deny and shall approve any
eligible facilities request for modification of an eligible support structure that does not
substantially change the physical dimensions of such structure.
(1) Documentation requirement for review. When an applicant asserts in writing that a
request for modification is covered by this section, a State or local government may
require the applicant to provide documentation or information only to the extent
reasonably related to determining whether the request meets the requirements of this
section. A State or local government may not require an applicant to submit any other
documentation, including but not limited to documentation intended to illustrate the
need for such wireless facilities or to justify the business decision to modify such
wireless facilities.
(2) Timeframe for review. Within 60 days of the date on which an applicant submits a
request seeking approval under this section, the State or local government shall approve
the application unless it determines that the application is not covered by this section.
(3) Tolling of the timeframe for review. The 60 -day period begins to run when the
application is filed, and may be tolled only by mutual agreement or in cases where the
reviewing State or local government determines that the application is incomplete. The
timeframe for review is not tolled by a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local
government must provide written notice to the applicant within 30 days of
receipt of the application, clearly and specifically delineating all missing
documents or information. Such delineated information is limited to documents
or information meeting the standard under paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the State or local government's notice
of incompleteness.
(iii) Following a supplemental submission, the State or local government will
have 10 days to notify the applicant that the supplemental submission did not
provide the information identified in the original notice delineating missing
information. The timeframe is tolled in the case of second or subsequent
notices pursuant to the procedures identified in this paragraph (c)(3). Second or
subsequent notices of incompleteness may not specify missing documents or
information that were not delineated in the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to approve
or deny a request seeking approval under this section within the timeframe for review
(accounting for any tolling), the request shall be deemed granted. The deemed grant
does not become effective until the applicant notifies the applicable reviewing authority
in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
(5) Remedies. Applicants and reviewing authorities may bring claims related to Section
6409(a) to any court of competent jurisdiction.
Attachment C
Changes in Processing Special Exceptions
The FCC has imposed time limits (the shot clock) for the review of all types of wireless applications.
Meeting some of these deadlines is problematic. Staff believes that a modified process will remove
duplicative procedures while preserving the existing adjacent owner notification processes and retain
the Board's ability to review requests. Should the Board choose to expand the notification process in
the future the recommended procedures below will accommodate any change.
Below are two scenarios for processing applications under the existing ordinance. The County is limited
to a 90 day review period by the Shot Clock.
Scenario Outline of Processine of a Substantial Chance to Tier II Facilitv involvine a Soecial Exception
New equipment is proposed on a Tier II facility that does not meet the design standards of the
ordinance. (The antenna size or standoff from the tower exceeds the ordinance requirements.) This
requires the change to be processed as a Tier II application with a Special Exception. The Tier II process
is administrative and includes notice to abutting owners. Staff approves the Tier II application
administratively and the Special Exception is presented to the Board of Supervisors on the consent
agenda. (If staff is recommending denial of the Special Exception the request first goes to the Planning
Commission before being placed on the Board's regular agenda.) The County is able to process these
requests within the 90 day time period.
Scenario Outline of Processing of a Substantial Change to a Tier III Facility involving a Special Exception.
New equipment is proposed on a Tier III facility that does not meet the design standards of the
ordinance. (The antenna size or standoff from the tower exceeds the ordinance requirements.) This
requires the change to be processed as a Tier III application with a Special Exception. The Tier III process
requires a Special Use Permit. This requires the Planning Commission and Board of Supervisors to hold
public hearings on the Special Use Permit. The review of the project must be completed prior to the
Planning Commission meeting. This meeting generally has to occur not more than 60 days after
submittal in order for the Board of Supervisors meeting to occur before the 90 day Shot Clock runs out.
This results in less time being available for the review of a Tier III Facility than is available for a Tier II
Facility because the review must really be completed within 60 days for the Planning Commission
meeting to occur.
Concerns of Existing Processes and Recommendations for Amendment
As can be seen by the above information the County actually has less time to review the more
complicated types of applications. The review of Tier II applications is redundant with staff
administratively acting on something that the Board will also act on.
Staff regularly meets with applicants to discuss the review process for the various applications they will
be making. One service provider has contacted the County with a proposal to update between 40 and
50 sites in the next two years. With all the conversations the County has had with the various service
providers it is expected that over 100 collocation requests may be submitted within the next six months
alone. Under the existing ordinance procedures the majority will have to be processed as Tier II or Tier
III applications, mostly due to the request by the applicant for special exceptions to the antenna design
standards. The application fee to process 40 applications as Tier II projects would be $72,800 (not
including notice fees which would be a minimum of an additional $8,000). The application fee to
process 40 applications as a Tier III would be $80,000 (not including notice fees which would be a
minimum of an additional $8,000 and the fee to advertising which is determined at the time the
application is processed.) While the revenue from these applications would appear to be beneficial to
the County, the fact is that the fees do not cover the County's review cost. Processing this large a
number of applications represents a substantial burden on County resources. It is important to note
that these numbers are for only one service provider.
This processing is extensive and requires substantial and significant resource allocation. If the only
change is one that requires a special exception it would seem appropriate to only review that change
and not review the entire application as if it were a new facility. The County can still require the
necessary information to perform the review. In addition changing the process to make more efficient
use of the special exception process will allow the County to meet the "shot clock" without the use of
excessive County resources. The proposed amendments would require that requests for special
exceptions include a notice to abutting owners and would retain review by the Board of Supervisors.
The redundant review of the request as a Tier II or Tier III request is eliminated. The County will still be
able to consider all of the impacts generated by the proposal. It would just be done under the special
exception process.
Draft: 02/25/15
Attachment D
ORDINANCE NO. 15 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, and Article II, Basic Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Antenna array: An orderly arrangement of antennas mounted at the same height on a tower or other structure and
intended to transmit a signal providing coverage over a specific area for a single provider of personal wireless
services. (Added 10- 13 -04)
Avoidance area: An area having significant resources where the initial siting of personal wireless service facilities
could result in adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be
skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any
location in which the proposed personal wireless service facility and three (3) or more existing or approved
personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground
having a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any state scenic
highway or by -way. (Added 10- 13 -04)
Comment: This definition is amended to clarify that avoidance areas are relevant at the time of the initial
siting of a personal wireless service authority.
Base station. A structure or equipment at a fixed location that enables Federal Communications Commission -
licensed or authorized wireless communications between user equipment and a communications network.
1. Services to which the term applies. The term includes, but is not limited to, equipment associated with
wireless communications services such as private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. Equipment to which the term applies and does not apply. The term includes. but is not limited to. radio
transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration, including distributed antenna systems and small -cell
networks. The term does not include any equipment associated with a tower.
Draft: 02/25/15
3. Structures to which the term annlies and does not annly. The term includes anv structure. other than a
tower, that, at the time the relevant application is filed with the county supports or houses equipment
described in paragraphs (1) and (2) of this definition that has been reviewed and approved under section
5.1.40 or the applicable zoning process in effect prior to October 13, 2004. The term does not include: (i) a
tower as defined in this section: and (ii) any structure that, at the time the relevant application is filed with
the county under section 5.1.40, does not support or house equipment described in paragraphs (1) and (2) of
this definition.
Comment: This definition is substantively identical to that in 47 CFR 1.40001(b)(1), but is slightly
reorganized and revised to remove repeated statements that towers are not base stations.
Collocation.: As used in seetion 5.1.40 and any defifii6ens pe4aining to personal wireless serwiee faeili6es-,�
fnetinfing or- insta4lation of one or- fner-e antennas for- the per-pose of providing personal wireless sef-4ees on
e*isfing personal wireless sefviee faeility, the addition of related eables, wir-ing, supper-ting br-aekets and ot
The mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving ag dio
frequency signals for communications purposes.
Comment: This definition is substantively identical to that in 47 CFR § 1.40001(b)(2).
Collocation, exempt: A collocation that would not result in a substantial change in the physical dimensions of an
eligible support structure.
Comment: Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 requires that
collocations that do not result in a substantial change in the physical dimensions of a tower must be
approved by the County, and must be approved within a very limited period of time. This definition is added
to distinguish those collocations that must be approved from those that result in a substantial change to the
physical dimensions of an eligible support structure. Note that 47 CFR § 1.40001(b)(3) defines these types of
collocations, replacements, and removals as "eligible facilities requests," but that term is so abstract that this
ordinance deals with them directly. Collocations that do not result in a substantial change will continue to be
processed as Tier 1 applications.
Concealment elements of the eligible support structure. Any condition of approval, including any pplicable
requirement of section 5.1.40 in effect at the time of approval, established and imposed on the personal wireless
service facility as a concealment technique and which include conditions or regulations pertaining to antenna size,
color of the structure and all equipment, antenna mounting techniques including �quirement that antennas be
flush mounted, maximum tower diameters at the base and top, limitations on tower height relative to a reference
tree, screening by trees including the restrictions on removing trees that are screening the tower, siting towers so
that they are not slog hg ted, requirements as to how cables should be located on a tower, and the size, location,
design, and screening ground based equipment.
Comment: This term is added to clarify one of the classes of modifications to a structure (e.g., a tower) that
would be deemed to be a substantial change to the physical dimensions of a structure. If a modification does
not substantially change the physical dimensions of a structure, the County is required to approve the
modification. However, 47 CFR § 1.40001(b)(7)(v) provides that if a modification would "defeat the
PA
Draft: 02/25/15
concealment elements of the eligible support structure," the modification is a substantial change and subject
to normal review. The federal regulations do not define "concealment" or "concealment elements," and
neither the FCC's Report and Order dated October 12, 2014 nor the very lengthy preamble to regulations,
including 47 CFR § 1.40001, published on January 8, 2015 provide a clear meaning to these terms. Webster's
Third New International Dictionary defines "conceal" to mean: Ill: to prevent disclosure or recognition of . .
.: draw attention from:... 2: to place out of sight: withdraw from being observed: shield from vision or
notice "; a key synonym of "conceal" is "screen." Because the federal regulations are unambiguous, the
County is compelled to apply the plain and ordinary meaning of the terms (in particular, the word
"conceal ") and implement the federal regulation accordingly. Thus, staff has identified the elements in this
definition as the concealment elements the County has imposed in its regulation of wireless facilities. Staff
has met with representatives of the wireless industry and they vigorously disagree with the County's
approach. They argue that antennas placed in, for example, church steeples or behind solid screens on
rooftops, or towers designed to look like artificial trees. Staff agrees that the first two examples have
concealment elements and a tower designed to look like an artificial tree may have concealment elements
when it is deployed in an appropriate physical context. However, the artificial tree placed in a parking lot,
such as the one at the Department of Forestry site in Fontaine Research Park, is not a concealed wireless
facility under any stretch of the imagination — it is a large, very visible, structure. Staff also disagrees with
the wireless industry's narrow perspective regarding qualifying concealment elements because the FCC did
not limit what might be a concealment element. The FCC's Report and Order cites a number of comments
submitted by both industry and government representatives and a definitive limitation on the scope of the
term is not evident. In addition, and of key relevance to a locality such as Albemarle County where so much
of its territory is undeveloped, antennas placed in church steeples or behind solid facades on building
rooftops simply is not possible. While the wireless industry's narrow interpretation may be more
appropriate in the urbanized landscape, it is positively inappropriate in the rural landscape where there are
no, or few, man -made structures to begin with. The County's treetop wireless facility deployed in the
County's rural landscape, with its permitted relative height to surrounding trees and standards for flush
mounting antennas to minimize visibility. The FCC's exclusion of concealment elements from the exception
in subsection (6) in the definition of "substantial change" is further evidence that FCC acknowledges that
standards related to the height and width of facilities may be concealment elements. Thus, staff believes that
there is no basis to conclude that the undeveloped environments such as the County's countryside should not
be entitled to continue and preserve the concealment elements that the County's tiered approach,
particularly the treetop facility design, has provided.
Eligible support structure. Any tower or base station provided that it is existing at the time the relevant application
is filed with the County.
Comment: This definition is substantively identical to that in 47 CFR § 1.40001(b)(4).
Existing tower or existing base station. As referred to in the definition of "eligible support structure." a constructed
tower or base station that has been reviewed and approved under the applicable zoning process, p ovided that a
tower that has not been reviewed and approved because it was not required to be reviewed when it was built but
was lawfully constructed, is existing purposes of this definition.
Comment: This definition is substantively identical to that in 47 CFR § 1.40001(b)(5) and it serves to clarify
the definition of "eligible support structure."
Draft: 02/25/15
Mobile personal wireless service facility: A portable self - contained personal wireless service facility site that can be
moved to a location and set up to provide personal wireless services on a temporary or emergency basis.
Comment: This definition is included in this annotated draft for information purposes only.
Personal wireless service facility: A facility for the provision of personal wireless services, which may be
composed of antennas, cables, wiring, supporting brackets and other structural equipment, grounding rods,
transmission equipment, one or more ground equipment shelters, and a self - supporting monopole or tower. (Added
10- 17 -01; Amended 10- 13 -04, 6 -1 -11, 5- 8 -13).
Comment: This definition is included in this annotated draft for information purposes only.
Personal wireless services: Commercial mobile services, unlicensed wireless services, common carrier wireless
exchange access services, as those services are defined by federal law and, for the purposes of this chapter,
unlicensed wireless broadband internet access services. (Added 5 -8 -13)
Comment: This definition is included in this annotated draft for information purposes only.
Reference tree: A tree designated for determining the top height of a treetop facility's monopole mounting
structure. This may either be the tallest tree within twenty five (25) feet of the proposed monopole or a shorter tree
that has been strategically identified for screening and camouflaging purposes. (Added 10- 13 -04)
Comment: This definition is included in this annotated draft for information purposes only.
Replacement: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, the
replacement of ,
tr-ansmission equipment, and ground e of whieh is fef the purpose of pr-eviding personal
transmission equipment of the same or lesser size
in the same location as the equipment being replaced on an eligible support structure. (Added 5 -8 -13)
Comment: Collocations and replacements are regulated the same way under the new federal regulations,
although the term "replacement" is not defined in the federal regulations.
Replacement, exempt. A replacement that would not result in a substantial change in the physical dimensions of the
eligible support structure.
Comment: Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 requires that the
replacement of equipment that does not result in a substantial change in the physical dimensions of a tower
must be approved by the County, and must be approved within a very limited period of time. This definition
is added to distinguish those replacements that must be approved from those that do result in a substantial
change to the physical dimensions of an eligible support structure. Note that 47 CFR § 1.40001(b)(3) defines
these types of collocations, replacements, and removals as "eligible facilities requests," but that term is so
abstract that this ordinance deals with them directly.
Ridge area: All land within one hundred (100) vertical feet of, and including, the ridgeline and peaks of a mountain
or chain of mountains, as identified on a ridge area map approved by the board of supervisors. (Added 10- 13 -04)
4
Draft: 02/25/15
Comment: This definition is included in this annotated draft for information purposes only.
Ridgeline: The uppermost line created by connecting the peaks of a mountain or chain of mountains, and from
which land declines in elevation on at least two (2) sides, as identified on a ridge area map approved by the board of
supervisors. (Added 10- 13 -04)
Comment: This definition is included in this annotated draft for information purposes only.
Skylight: Locating a personal wireless service facility in such a way that the sky is the backdrop of any portion of
the facility. Skylight has the same meaning as "skylining," as that term is used in the wireless policy. (Added 10-
13-04)
Comment: This definition is included in this annotated draft for information purposes only.
Substantial change: A modification to an eligible support structure that meets one or more of the following criteria:
1. Increase in height. For towers other than towers in the Dublic rights -of -way. the modification increases the
height of the tower by more than ten percent (10 %) or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty ((20) feet, whichever is greater: for other
eligible support structures, the modification increases the height of the structure by more than ten percent
10 %) or more than ten (10) feet, whichever is greater. Changes in height shall be measured from the
original support structure in cases where deployments are or will be separated horizontally such as on
buildings' rooftops: in other circumstances, changes in height should be measured from the dimensions of
the tower or base station, inclusive of originally pTroved appurtenances and an y modifications that were
approved prior to February 22, 2012.
2. Increase in width. For towers other than towers in the public rights -of -wav_ the modification involves
adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than
twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is
greater: for other eligible support structures, the modification involves adding an appurtenance to the body
of the structure that would protrude from the edge of the structure by more than six (6) feet.
3. Excessive equipment cabinets. For any eligible support structure, the modification involves installation of
more than the standard number of new equipment cabinets for the technology involved, but not to exceed
four (4) cabinets: or, for towers in the public rights -of -way and base stations, the modification involves
installation of any new equipment cabinets on the ground if there are no pre - existing ground cabinets
associated with the structure, or else involves installation of ground cabinets that are more than ten percent
l0�ger in height or overall volume than any cabinets associated with the structure.
4. Expands tower site. The modification entails any excavation or deployment outside the current site.
5. Defeats concealment elements. The modification would defeat the concealment elements of the elf ig ble
support structure.
6. Does not comply with conditions of approval. The modification does not comply with conditions associated
with the siting approval of the construction or modification of the eligible support structure or base station
Draft: 02/25/15
equipment: provided that this limitation does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in paragraphs (1) through (4) of this definition.
Comment: This definition is substantively identical to that in 47 CFR § 1.40001(b)(7). In subsection (1), the
FCC regulations refer to the date the Spectrum Act (also known as the Middle Class Tax Relief and Job
Creation Act of 2012) was passed. The Act was passed on February 22, 2012 and that date replaces the
reference to the Act.
Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that: (i) is located
entirely within an existing building but which may include a self - contained ground equipment shelter not exceeding
one hundred fifty (150) square feet that is not within the building or a whip antenna that satisfies the requirements
of subsection 5.1.40{c}(b)(1)(d); (ii) consists of one or more antennas, other than a microwave dish, attached to an
existing structure, together with associated personal wireless service equipment; (iii) is located within or
camouflaged by an addition to an existing structure determined by the agent to be in character with the structure
and the surrounding district;
dimensions of an existing per-seaa4 wireless serwiee faeility as th4 phrase is used in subseetion ; or Qv) is
the replacement of a wooden monopole with a metal monopole that does not exceed the maximum dimensions
permitted under subsection 5.1.40(d)(23(b)(9). (Added 10- 13 -04; Amended 5 -8 -13)
Comment: This definition is amended to reflect the amendments and reorganization of section 5.1.40.
Tier II personal wireless service facility or Tier II facility: A personal wireless service facility that is a treetop
facility not located within an avoidance area. (Added 10- 13 -04)
Comment: This definition is included in this annotated draft for information purposes only.
Tier III personal wireless service facility or Tier III facility: A personal wireless service facility that is neither a
Tier I nor a Tier 11 facility, including a facility that was not approved by the commission or the board of supervisors
as a Tier II facility. (Added 10- 13 -04)
Comment: This definition is included in this annotated draft for information purposes only.
Tower: As referred to in the definition of "eligible support structure" and "existing tower or base station." any
structure built for the sole or primary purpose of supporting any Federal Communications Commission licensed or
authorized antennas and their associated facilities, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated tower site.
Comment: This definition is substantively identical to the definition of "tower" in 47 CFR § 1.40001(b)(9).
Tower site: As referred to in the definitions of "substantial change" and "tower" and as used in section 5.1.40. for
towers other than towers in the public rights-of-way y, the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site, and, for other eligible
support structures, further restricted to that area in proximity to the structure and to other transmission equipment
already deployed on the-ground.
Comment: This definition is substantively identical to the definition of "site" in 47 CFR § 1.40001(b)(6), but
the term is changed to "tower site" because the term "site" is already defined in the Zoning Ordinance.
6
Draft: 02/25/15
Transmission equipment. As used in section 5.1.40, equipment that facilitates transmission for any Federal
Communications Commission licensed or authorized wireless communication service, including, but not limited to
radio transceivers, antennas, coaxial or fiber -optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
Comment: This definition is substantively identical to the definition of "transmission equipment" in 47 CFR
§ 1.40001(b)(8).
Treetop facility: A personal wireless service facility consisting of a self- supporting monopole having a single shaft
of wood, metal or concrete no more than ten (10) feet taller than the crown of the tallest tree within twenty -five (25)
feet of the monopole, measured above sea level (ASL), and includes associated antennas, mounting structures, an
equipment cabinet and other essential personal wireless service equipment. (Added 10- 13 -04)
Comment: This definition is included in this annotated draft for information purposes only.
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities; collocation, replacement. and removal of transmission
equipment
The purpose of section 5.1.40 is to implement the personal wireless service facilities policy. adopted as part of the
comprehensive plan, in a manner that complies with Section 704 of the Telecommunications Act of 1996 (47 U.S.C.
§ 332(c)(7)), for new personal wireless service facilities and collocations and replacements that result in a substantial
change in the physical dimensions of an eligible support structure: and to implement Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455). and 47 CFR § 1.40001 for collocations and
replacements that do not result in a substantial change in the physical dimensions of an eli ibl�e support structure.
Each personal wireless service facility and the transmission equipment of any other wireless service shall be subs
to following, as applicable:
Comment: This is a completely revised and expanded introduction to incorporate references to Section 6409 of
the Spectrum Act, the new federal regulations in 47 CFR § 1.40001.
a. Application_ for approval: An application providing the following information shall be required for each
personal wireless service facility and wireless transmission equipment that will be collocated or replace
existing equipment on an eligible support structure.
Application Requirements
In!!!f M
1. Application form and signatures. A completed application form, signed by the parcel owner, the X X X X
parcel owner's agent or the contract purchaser, and the proposed facility's owner. If the owner's agent
signs the application. he shall also submit written evidence of the existence and scone of the agency. If
the contract purchaser signs the application. he shall also submit the owner's written consent to the
as plies
Comment: This is current § 5.1.40(a)(1). For Collocations and Replacements, this information is
required because it is "reasonably related to determining whether the request meets the
requirements" of the Collocation and Replacement regulations of this section, which implement
47 CFR § 1.40001.
Draft: 02/25/15
Tyne ofof
=pplication Requirements
MEMILA-
Application
I
II
III
C'LR
2. Plat or survey of the parcel. A recorded plat or recorded boundary survey of the parcel on which the
X
X
X
X__
facility will be located: provided, if neither a recorded plat nor boundary survey exists, a cony of the
legal description of the parcel and the Albemarle County Circuit Court deed book and page number.
Comment: This is current § 5.1.40(a)(2). For Collocations and Replacements, this information is
required because it is "reasonably related to determining whether the request meets the
requirements" of the Collocation and Replacement regulations of this section, which implement 4
CFR § 1.40001.
3. Ownership. The identity of the owner of the parcel and, if the owner is other than a real person, the
X
X
X
X
complete legal name of the entity, a description of the type of entity, and written documentation that the
person signing on behalf of the entity is authorized to do so.
Comment: This is current § 5.1.40(a)(3). For Collocations and Replacements, this information is
required because it is "reasonably related to determining whether the request meets the
requirements" of the Collocation and Replacement regulations of this section, which implement 4
CFR § 1.40001.
Draft: 02/25/15
Application Requirements
Tyne ofof
Application
I
II
III
"R
4. Plans and supporting drawings, calculations and documentation. Except where the facility will be
X
x
X__
located entirely within an eligible support structure or an existing building, a scaled plan and a scaled
elevation view and other supporting drawings, calculations, and other documentation required by the
X
X
X
X
agent, signed and sealed by an appropriate licensed professional. The plans and supporting drawings
calculations and documentation shall show:
a) Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements on the parcel including access roads and structures, the location and dimensions of
significant natural features and the maximum height above ground of the facility also identified i
height above sea level).
b) Elevation and coordinates. The benchmarks and datum used for elevations shall coincide with
X
X
X
X
X
X
X__
X__
the State Plane VA South US Survey Feet based on the North American Datum of 1983 (NAD
831 and the benchmarks shall be acceptable to the county engineer.
c) Design. The design of the facility, including the specific type of support structure and the design
type, location, size, height and configuration of all existing and proposed antennas and other
X
X
X
X
X
X
equipment.
d) Color. Identification of each paint color on the facility, by manufacturer color name and color
number. A paint chip or sample shall be provided for each color.
e) Topography. Except where the facility would be attached to an eligible support structure or an
existing building, the topography within two thousand (2.000) feet of the proposed facility. in
contour intervals not to exceed ten (10) feet for all lands within Albemarle County and. in contour
intervals shown on United States Geological Survey topographic survey maps or the best
X
X
X
topographic data available, for lands not within Albemarle County.
Trees. The caliper and species of all trees where the dripline is located within fifty (50) feet of the
facility. The height, caliper and species of any tree that the applicant is relying on to
provide screening of the monopole or tower. The height, caliper and species of the reference tree.
The caliper and species of all trees that will be adversely impacted or removed during installation
or maintenance of the facility shall be noted, regardless of their distances to the facility.
X
X
X
X__
(g) Setbacks, parking, fencing, and landscaping. All existing and proposed setbacks, parking. fencing
and landscaping.
h) Location of accessways. The location of all existing vehicular accessways and the location and
X
X
X
X
X
X
X__
design of all proposed vehicular accessways.
i Location of certain structures and district boundaries. Except where the facility would be attached
to an eligible support structure or an existing building, residential and commercial structures: and
residential and rural areas district boundaries.
Proximity to airports. If the proposed monopole or tower will be taller than one hundred fifty 150
X
X
feet, the proximity of the facility to commercial and private airports.
Comment: This is current § 5.1.40(a)(4). For Collocations and Replacements, this information is
required because it is "reasonably related to determining whether the request meets the
requirements" of the Collocation and Replacement regulations of this section, which implement
47 CFR § 1.40001.
9
Draft: 02/25/15
Application Requirements
Tyne ofof
Application
I
II
III
CLR
5. Photographs. Photographs of the location of the proposed monopole or tower shall be provided that
X
include, for applications for Tier II facilities, the reference tree, and for applications for Tier III
facilities, the area within fifty (50) feet of the proposed monopole or tower. These photographs shall
include reference points to enable the lease area, the vehicular access, the trees that will remain, and
the trees that will be removed, to be identified, In addition, pPhotographs, where possible, or
perspective drawings of the facility site and all existing facilities within two hundred (200) feet of the
site, if any, and the area surrounding the site.
Comment: This is current § 5.1.40(a)(5).
6. Balloon tests. For any proposed monopole or tower. photographs taken of a balloon test, which shall be
conducted, if requested by the agent, as follows:
a) Scheduling. The applicant shall contact the agent within ten (10) days after the date the application
X
X
was submitted to schedule a date and time when the balloon test will be conducted. The test shall
be conducted within forty (40) days after the date the application was submitted, and the applicant
shall provide the agent with at least seven (7) days prior notice: provided that this deadline may be
extended due to inclement weather or by the agreement of the applicant and the agent.
X
X
b) Marking key boundaries and locations. Prior to the balloon test, the locations of the access road
the lease area, the tower site, the reference tree and the tallest tree within twenty five (25) feet of
the proposed monopole shall be surveyed and staked or flagged in the field.
c Balloon height. The test shall consist of raising one or more balloons from the site to a height e ua
X
X
to the proposed facility.
d) Balloon color or material. The balloons shall be of a color or material that provides maximum
X
X
X
X
visibility.
e) Photographing balloon test. The photographs of the balloon test shall be taken from the nearest
residence and from appropriate locations on abutting properties, along each publicly used road
from which the balloon is visible, and other properties and locations as deemed appropriate by the
agent. The applicant shall identify the camera type, film size, and focal length of the lens for each
photograph.
Comment: This is current § 5.1.40(a)(6).
7. Additions of antennas. If antennas are proposed to be added to an eligible support structure. existing
X
X
X
X__
building or an eligible support structure, all existing antennas and other equipment on the structure,
building or facility, as well as all ground equipment, shall be identified by owner, type and size. The
method(s) by which the antennas will be attached to the mounting structure shall be depicted.
Comment: This is current § 5.1.40(a)(7). For Collocations and Replacements, this information is
required because it is "reasonably related to determining whether the request meets the
requirements" of the Collocation and Replacement regulations of this section, which implement 4
CFR § 1.40001.
8. Site under conservation or open space easement. If the proposed facility would be located on lands
X
X
subject to a conservation easement or an open space easement, a copy of the recorded deed of easement
and the express written consent of all easement holders to the proposed facility.
Comment: This is current § 5.1.40(a)(8).
9. Photographic simulations. At the request of the agent, hoto ra hic simulations of the ro osed facility.
X
X
Comment: This is current § 5.1.40(a)(9).
IO.Statement of justification for exempt collocation. If the application is for an exempt collocation, a
X
statement of the justification for the application the qualifying as an exempt collocation.
10
Draft: 02/25/15
Application Requirements
Tyne ofof
Application
I
II
III
CLR
Comment: This is new and applies only to Collocations and Replacements and may be required
under 47 CFR § 1.40001(c)(1).
X
X
X
X
X
X
X
X
X
11. Evidence of prior approval. Approval letters or actions from the County authorizing the initial
periods: regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as
required by section 4.17: provided that these restrictions shall not apply to any outdoor lighting
required by federal law.
c) Ground equipment. Any ground equipment shelter not located within an eligible support structure
X__
construction of the facility and any approval letters or actions for modifications of the facility after
initial construction. If no approvals were granted by the County for the facility the applicant shall
provide evidence that the facility was constructed lawfully.
Comment: This is new and applies only to Collocations and Replacements and may be required
under 47 CFR § 1.40001(c)(1).
12.Special exception. If the proposed facility does not comply with any provision of section 5.1.40. the
X
X
X
the top of the facility, the eligible support structure or the existing building.
Comment: This is current § 5.1.40(c)(2).
applicant shall request a special exception in writing as part of the application. The request shall
identify which regulation in section 5.1.40 for the special exception is requested and a justification for
the special exception.
Comment: For Collocations and Replacements, this information is required because it is
"reasonably related to determining whether the request meets the requirements" of the
Collocation and Replacement regulations of this section, which implement 47 CFR § 1.40001.
The following abbreviations are used in this table:
I. II. and III: Refer to Tier I. Tier II. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
b. Development requirements. Each facility may be established upon approval as provided in subsection (cl
provided that the application satisfies the requirements of subsection (a) and demonstrates that the facility will
be installed and operated in compliance with all applicable provisions of this chapter, and the following_
WDeyelopment Requirements
Tvue ofof
Application
I
II
III
U&
1. General design. The facility shall be designed, installed and maintained as follows:
X
X
X
X
X
X
X
X
X
a) Guy wires. Guy wires are prohjbjted.
b) Outdoor lighting. Outdoor lighting for the facility shall be permitted only during maintenance
periods: regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as
required by section 4.17: provided that these restrictions shall not apply to any outdoor lighting
required by federal law.
c) Ground equipment. Any ground equipment shelter not located within an eligible support structure
or an existing building shall be screened from all lot lines either by terrain, existing structures.
X
X
X
X
X
X
existing vegetation, or by added vegetation approved by the agent.
d) Whip antenna. A whip antenna less than six (6) inches in diameter may exceed the height of the
eligible support structure or the existing building.
e) Grounding rod. A grounding rod, whose height shall not exceed two (2) feet and whose width
shall not exceed one (1) inch in diameter at the base and tapering to a point, may be installed at
the top of the facility, the eligible support structure or the existing building.
Comment: This is current § 5.1.40(c)(2).
11
Draft: 02/25/15
Development Requirements
Tyne ofof
A li ion
I
II
III
URR
2. Antennas and associated equipment. Antennas and associated equipment that are not entirely within a
X
X
X
proposed facility. an eligible support structure, or an existing building shall be subject to the following:
a) Number of arrays. The total number of arrays of antennas shall not exceed three (3). All tunes of
X
X
X
antennas and dishes, regardless of their use, shall be counted toward the limit of three arrays.
X
X
X
b) Size. Each antenna proposed under the pending application shall not exceed the size shown on the
application, which size shall not exceed one thousand one hundred fifty two (1152) square
X
X
X
inches.
c) Projection. No antenna shall project from the facility, structure or building beyond the minimum
required by the mounting equipment. and in no case shall any point on the face of an antenna
X
X
X
project more than twelve (12) inches from the facility. structure or building: and
d) Color. Each antenna and associated equipment shall be a color that matches the facility. structure
or building.
Comment: This is current § 5.1.40(c)(3).
3. Tree conservation plan: content. Before the building official issues a building permit for the facility,
X
X
X
the applicant shall submit a tree conservation plan prepared by a certified arborist. The plan shall be
submitted to the agent for review and approval to ensure that all applicable requirements have been
satisfied. The plan shall specify tree protection methods and procedures, identify all existing trees to be
removed on the parcel for the installation, operation and maintenance of the facility, and identify all
dead and dying trees that are recommended to be removed. In approving the plan, the agent may
identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the
>lan•
Comment: This is current § 5.1.40(c)(4).
4. Creation of slopes steeper than 2:1. No slopes associated with the installation of the facility and its
X
X
X
accessory uses shall be created that are steeper than 2:1 unless retaining_ walls, revetments, or other
stabilization measures acceptable to the county engineer are employed.
Comment: This is current § 5.1.40(c)(7).
5. Ground equipment shelter: fencing. Any ground equipment shelter not located within an existing
X
X
X
building shall be fenced only with the approval of the agent upon finding that the fence: (i) would
protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the
rural areas, to protect the facility from livestock or wildlife: (ii) would not be detrimental to the
character of the area: and (iii) would not be detrimental to the public health, safety or general welfare.
Comment: This is current § 5.1.40(c)(8).
6. Screening and siting to minimize visibility. The site shall provide adequate opportunities for screening
X
X
and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of
their distance from the facility. The facility also shall be sited to minimize its visibility from any
entrance corridor overlay district, state scenic river, national park or national forest, regardless of
whether the site is adjacent to the district, river, park or forest. If the facility would be located on lands
subject to a conservation easement or an open space easement, or adjacent to a conservation easement
or open space easement, the facility shall be sited so that it is not visible from any resources
specifically identified for protection in the deed of easement.
Comment: This is current § 5.1.40(d)(2).
7. Open space plan resources. The facility shall not adversely impact resources identified in the natural
X
X
resources chapter of the county's comprehensive plan and the parks and green systems chapters in an
12
Draft: 02/25/15
Development Requirements
Tyne ofof
Application
I
II
III
-'LR
county master plan.
Comment: This is current § 5.1.40(d)(3).
8. Horizontal separation of multiple facilities. The facility shall not be located so that it and three (3) or
X__
more existing or approved personal wireless service facilities would be within an area comprised of a
circle centered anywhere on the ground having a radius of two hundred (2001 feet.
Comment: This is current § 5.1.40(d)(4).
9. Diameter of monopole. The maximum base diameter of the monopole shall be thirty (30) inches and
X
the maximum diameter at the top of the monopole shall be eighteen (18) inches.
Comment: This is current § 5.1.40(d)(5).
10. Height of monopole. The top of the monopole, measured in elevation above mean sea level, shall not
X
be more than ten (10) feet taller than the tallest tree within twenty -five (25) feet of the monopole
shall include any base, foundation or grading that raises the monopole above the pre - existing natural
ground elevation.
Comment: This is current § 5.1.40(d)(6).
11. Color of monopole, antennas and equipment. Each monopole shall be a dark brown natural or painted
X
X
wood color that blends into the surrounding trees. The antennas, supporting brackets, and all other
equipment attached to the monopole shall be a color that closely matches that of the monopole. The
ground equipment, the ground equipment shelter, and the concrete pad shall also be a color that closely
matches that of the monopole, provided that the ground equipment and the concrete pad need not
closely match the color of the monopole if they are enclosed within a equipment shelter or
_ground
within or behind an approved structure, facade or fencing that: (i) is a color that closely matches that of
the monopole: (ii) is consistent with the character of the area: and (iii) makes the ground equipment .
ground equipment shelter, and the concrete pad invisible at any time of year from any other parcel or a
public or private street.
Comment: This is current § 5.1.40(d)(7).
12.Placement of cables, wiring and similar attachments. Each wood or concrete monopole shall be
X__
constructed so that all cables, wiring and similar attachments that run vertically from the ground
equipment to the antennas are placed on the monopole to face the interior of the site and away from
public view, as determined by the agent. Metal monopoles shall be constructed so that vertical cables,
wiring and similar attachments are contained within the monopole's structure.
Comment: This is current § 5.1.40(d)(8).
13.Snecial use permit conditions. All conditions of approval of a special use permit.
Comment: This section is new, to clarify that development requirements imposed by special use
permit condition also apply.
X
14.No substantial change. The collocation or replacement shall not result in a substantial change to the
X
physical dimensions of an eligible support structure.
Comment: This subsection is new and implements 47 CFR § 1.40001.
The following abbreviations are used in this table:
I. II, and III: Refer to Tier I. Tier II. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
13
Draft: 02/25/15
C. Applicability of other regulations in this chanter. Except as otherwise provided in this subsection, each
facility shall be subject to all applicable regulations in this chapter:
Applicability of other Development Requirements
in this Chapter
Tvne ofof
Application
I
II
III
SLR
1. Building site. Notwithstanding section 4.2.3(a), a facility is not required to be located within a building
X
X
X
X_
site.
Comment: This is current § 5.1.40(b)(1).
surveyor stating the height of the reference tree that is used to determine the permissible height of the
2. Vehicular access. Vehicular access to the lease area shall be subject to the requirements of section 4.2
x
X
X__
and shall not be exempt under section 4.2.6(c).
Comment: This is current § 5.1.40(b)(2).
3. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a facility to be located closer in
X
X
X
X
distance than the height of the tower or other mounting structure to any lot line if the applicant obtains
an easement or other recordable document showing agreement between the lot owners, acceptable to
the county attorney as to addressing development on the part of the abutting parcel sharing the
common lot line that is within the monopole or tower's fall zone. If the right -of -way fora public street
is within the fall zone. the Virginia Department of Transportation shall be included in the staff review_
in lieu of recording an easement or other document.
Comment: This is current § 5.1.40(b)(3).
4. Area, bulk and minimum yards. Notwithstanding the requirements of the district in which the facility
X
X
X
X__
will be located, the area and bulk regulations, and the minimum yard requirements of the district shall
not apply.
Comment: This is current § 5.1.40(b)(4).
5. Required yards. Notwithstanding section 4.11, a facility may be located in a required yard.
X
X
X
X
Comment: This is current § 5.1.40(b)(5).
6. Site plan. Notwithstanding section 32.2, a site plan shall not be required for a facility, but the facility
X
X
X
X
shall be subject to the requirements of section 32 and the applicant shall submit all schematics._plans,
calculations, drawings and other information required by the agent to determine whether the facility
complies with section 32. In making this determination, the agent may impose reasonable conditions
authorized by section 32 in order to ensure compliance.
Comment: This is current § 5.1.40(b)(6).
The following abbreviations are used in this table:
I. II. and III: Refer to Tier I. Tier II. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
d. Performance standards and requirements for approved applications. In addition to the applicable
development requirements in subsections (b) and (c), the following performance standards and
requirements shall apply.
Performance Standards and Requirements
Tyne of
Application
I
II
III
�R
1. Building permit application: submitting certification of monopole height and revised Plans. The
X_
following shall be submitted with the building permit application: Q) certification by a registered
surveyor stating the height of the reference tree that is used to determine the permissible height of the
14
Draft: 02/25/15
Performance Standards and Requirements
Tyne ofof
Application
I
II
III
SLR
monopole: and (ii) a final revised set of plans for the construction of the facility. The agent shall
review the surveyor's certificate and the plans to ensure that all applicable requirements have been
satisfied.
Comment: This is current § 5.1.40(d)(9).
2. Tree conservation plan: compliance: amendment. The installation, operation and maintenance of the
X
X
X
facility shall be conducted in accordance with the tree conservation plan. The applicant shall not
remove existing trees within the lease area or within one hundred (100) feet in all directions
surrounding the lease area of any part of the facility except for those trees identified on the plan to be
removed for the installation, operation and maintenance of the facility and dead and dying trees.
Before the applicant removes any tree not designated for removal on the approved plan, the applicant
shall submit and obtain approval of an amended plan. The agent may approve the amended plan if the
proposed tree removal will not adversely affect the visibility of the facility from any location off of the
parcel. The agent may impose reasonable conditions to ensure that the purposes of this paragraph are
achieved.
Comment: This is current § 5.1.40(c)(5).
3. Completion of installation: submitting certifications of compliance. Within thirty (30) days after
X
X
X
completion of the installation of the facility, the applicant shall provide the agent and prior to issuance
of a certificate of occupancy: (i) certification by a registered surveyor stating the height of the
monopole, measured both in feet above ground level and in elevation above mean sea level, using the
benchmarks or reference datum identified in the application: and (ii) certification stating that the
lightning rod's height does not exceed two (2) feet above the top of the monopole and width does not
exceed a diameter of one (1) inch.
Comment: This is current § 5.1.40(d)(10).
4. Discontinuance of use: notice thereof.- removal: surety. Within thirty (30) days after a facility's use for
X
X
X
personal wireless service purposes is discontinued, the owner of the facility shall notify the zoning
administrator in writing that the facility's use has discontinued. The facility shall be disassembled and
removed from the site within ninety (90) days after the date its use for personal wireless service
purposes is discontinued. If the agent determines at any time that surety is required to guarantee that
the facility will be removed as required, the agent may require that the parcel owner or the owner of
the facility submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient
for, and conditioned upon, the removal of the facility. The type and form of the surety guarantee shall
be to the satisfaction of the agent and the county attorney. In determining whether surety should be
required, the agent shall consider the following: (i) whether there is a change in technology that makes
it likely that the monopole or tower will be unnecessary in the near future: (ii) the permittee fails to
comply with applicable regulations or conditions: (iii) the permittee fails to timely remove another
monopole or tower within the county: and (iv) whenever otherwise deemed necessary by the agent.
Comment: This is current § 5.1.40(c)(6).
The following abbreviations are used in this table:
I. II. and III: Refer to Tier I. Tier 11. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
e. Application review and action. Each application shall be reviewed and acted on as follows:
15
Draft: 02/25/15
16
Tyne ofof
Application Review and Action
Application
1
II
III
SLR
1. Nature of review and action: The nature of the review and action on submitted applications are as
follows:
a) Ministerial review and approval by the department of community development to determine
X
X
compliance with applicable requirements of this section.
b) Legislative review and approval of a special use permit by the board of supervisors, subiect to
X
the applicable requirements of this section and of sections 33.4 and 33.8: to the extent there is
any conflict between the time for action in this subsection and in section 33.4, this section shall
revail.
Comment: This subsection is new to clarify the processes.
2. Time for action. The application shall be acted upon within:
a) 60 days.
X
X
X
b) 90 days.
S'
c) 150 days.
S1
X
'If the application requires a special exception, the time for acting on the special exception applies to
the entire application.
Comment: This subsection amends current section 5.1.40(h) by revising the current deadlines
for action (90 and 150 days) to require action within 60 days for all but Tier III special use
permit applications or Tier I or Tier II applications that require a special exception. The 60 day
review period for Collocations and Replacements is required by 47 CFR § 1.40001(c)(2) and
staff is confident that it can act on the other applications within 60 days as well.
16
Draft: 02/25/15
Application Review and Action
Tyne ofof
Application
I
II
III
CLR
3. Calculating the time for action. The time for action on an application shall be calculated as follows:
X
X
x
x
x
X
X
X
X
X
X
X
X
X
X__
X__
X__
a) Commencement. The time for action on an application shall begin on:
i) The date the application is received in the department of community development.
(ii) The submittal date established for this type of application by the director of planning.
b) Determination of completeness. Within thirty (30) days after the application is received, the
department of community development shall determine whether the application includes all of
the applicable information required by this section. If any required information is not provided.
the department shall inform the applicant within the thirty (30) day period about which
information must be submitted in order for the application to be determined to be complete.
(c) Resubmittal. Within ten (10) days after a resubmittal is received, the department of community
development shall determine whether the application includes all of the applicable information
required by the initial notice of incompleteness. If any required information was not provided,
the department shall inform the applicant within the ten (10) day period about which
information must be submitted in order for the application to be determined to be complete.
Second or subsequent notices that information is missing may not include information that was
not identified in the original notice of incompleteness.
d) Tolling. The running of the time for action shall be tolled between the date the department
informs the applicant that its application is incomplete under and the date on which the
department receives all of there quired information from the applicant.
e) Extending time for action. The time by which action must be taken may be extended upon
request by, or with the consent of, the applicant.
Comment: This subsection is based on current section 5.1.40(h)(3); subsection (3)(c) is a new
requirement of 47 CFR § 1.40001(c)(3)(iii).
4. Notice. Notice to third parties shall be provided as follows:
a) Notice of the agent's consideration of an application for a Tier I facility with a special
S
X
exception or a Tier II facility shall be sent by the agent to the owner of each parcel abutting the
parcel on which the proposed facility will be located. The notice shall describe the nature of the
facility, its proposed location on the lot, its proposed height, and the appropriate county office
where the complete application may be viewed. The notice shall be mailed by first class mail or
hand delivered at least ten (10) days before the agent acts on the application. Mailed notice shall
be mailed to the last known address of the owner, and mailing the notice to the address shown
X
on the current real estate tax assessment records of the county shall be deemed compliance with
this requirement. The failure of an owner to receive the notice as provided herein shall not
affect the validity of an approved facility and shall not be the basis for an appeal.
(b) Notice of public hearings shall be provided as required by section 33.4(m).
Comment: Subsection (a) is current section 5.1.40(d)(11) and it applies only to Tier II facilities.
Subsection (b) is merely a reminder that notice for special use permits is as provided in current
section 33.4(m). The County has never provided notice for applications for Tier I, Collocation,
or Replacement under the current regulations.
5. Action. An application shall be acted on as follows:
a) The application shall be approved if it satisfies all of the applicable requirements of this section.
X
X
X
17
Draft: 02/25/15
The following abbreviations are used in this table:
I. II. and III: Refer to Tier I. Tier II. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission eauipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
S: Refers to an alternative review period that applies when an application for a special exception accompanies the
application.
18
Tyne ofof
Application Review and Action
Application
I
II
III
"
b) The application shall be acted on as provided in sections 33.4 and 33.8.
X__
Comment: This subsection is new to clarify the processes, and is related to subsection 1.
6. Disapproval of application: anneal. If an application is disapproved:
a) If the agent disapproves an application. he shall identify which requirements were not satisfied
x
X
and inform the applicant what needs to be done to satisfy each requirement. The applicant may
appeal the disapproval of an application to the board of supervisors. An appeal shall be in
writing and be received in the office of the clerk of the board of supervisors within ten (10)
calendar days after the date of the disapproval by the agent. In considering an appeal, the board
may affirm, reverse, or modify in whole or in part, the decision of the agent, and its decision
shall be based upon the applicable requirements of this section.
b) In lieu of the appeal provided in subsection (a), the applicant at its sole option may appeal the
X
X
X
disapproval of the application related to an alleged violation of 47 USC § 332(c)(7) or 47 CFR §
1.40001, as applicable. in any court of competent jurisdiction.
c) The applicant may appeal the decision of the board of supervisors as provided in Virginia Code
X
§ 15.2 -2285 and section 33.4.
Comment: This subsection is new to clarify the processes. Subsection (a) is current section
5.1.40(d)(12) and applies to Tier II facilities only; the current regulations do not provide a right
of appeal of Tier I facilities, Collocations, and Replacements, although for Collocations and
Replacements, the appeal to the board is at the option of the applicant because under 47 CFR §
1.40001(c)(5), the applicant's remedy is in court. Subsection (b) adds the option of the applicant
to challenge alleged violations of federal laws in court without further pursuing the
administrative remedy, and this right of appeal is based on the federal laws cited in subsection
(b). Subsection (c) provides the State court remedy for special use permit decisions, and applies
only to Tier III (special use permit) applications.
7. Effect of failure to act within time for action. The failure to act on an application within the time for
action shall:
a) Be deemed to be approval of the application: provided that the deemed grant does not become
X
X
X
X
effective until the applicant notifies the department of community development in writing after
the review period has expired that the application has been deemed approved.
b) Create a rebuttable presumption that the failure to timely act was not reasonable under 47
U.S.C. § 332(c)(7)(B)(ii).
Comment: The consequences of the failure to timely act on an application are established by
federal law.
The following abbreviations are used in this table:
I. II. and III: Refer to Tier I. Tier II. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission eauipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
S: Refers to an alternative review period that applies when an application for a special exception accompanies the
application.
18
Draft: 02/25/15
f. Collocation or replacement that would result in a substantial change to an eligible suvvort structure. An
collocation or replacement of transmission equipment that would result in a substantial chap e intthe
physical dimensions of an eligible support structure shall be subject to the procedures and standards for a
Tier I facility. A special exception shall be required for any substantial change that does not satisfy the
standards for a Tier I facility. Any collocation or replacement approved for an eligible support structure by
special use permit prior to October 13. 2004 shall not reclassify the eligible support structure as a Tier 1. II,
or III facility.
Comment: This subsection revises the regulations as to how collocations and replacements that may result in
a substantial change are processed and reviewed, issues that are presently addressed in current subsections
5.1.40(f)(2), (f)(4), (g)(2) and (g)(3). These revisions are proposed in order to simplify the regulations while at
the same time ensuring that land use concerns are addressed by requiring a special exception for any
proposed collocation or replacement that does not satisfy the development requirements for a Tier I facility.
9. Removal of transmission equipment on any eligible support structure. Any transmission equipment on any
eligible support structure may be removed as a matter of right and regardless of any special use permit
condition providing otherwise.
Comment: This subsection continues with updated terminology the current regulations allowing removal in
current subsection 5.1.40(f)(5).
h. Agent avvroval of increase in height of monovole based on increase in height of reference tree. Upon the
written request of the applicant, the agent may authorize the height of an existing Tier II facility's
monopole to be increased above its on ig nally approved height upon finding that the reference tree has
grown to a height that is relative to the requested increase in height of the monopole. The application shall
include a certified survey of the reference tree's new height, as well as the heights of other trees to be
considered by the agent. The agent shall not grant such a request if the increase in height would cause the
facility to be skylighted or would increase the extent to which it is ski h
Comment: This is current section 5.1.40(d)(13).
i. Administration of special use permits for facilities approved prior to October 13. 2004: conditions. If an
condition of a special use permit for an eligible support structure approved prior to October 13.2004 is
more restrictive than a corresponding standard in this section, the corresponding standard in this section
shall apply. If any condition of the special use permit is less restrictive than a corresponding standard in this
section and the applicant establishes that vested rights have attached to the approved facility; the special use
permit conditions shall apply.
Comment: This subsection is current subsection 5.1.40(g)(1).
j. Mobile personal wireless service facilities. Mobile personal wireless service facilities ( "MPWSF "1 shall not
be subject to any requirements of section 5.1.40, and are otherwise permitted by right in any zoning district.
subject to the followin.
1. Zoning clearance required: temporary non - emergency event. The owner shall obtain a zonin
clearance under section 31.5 prior to placing a MPWSF on any site for a temporary non - emergency_
event. The MPWSF may be placed on the site for a maximum of seven (7) consecutive days, and
shall not be placed on any site for any temporary non - emery event more than twice in a
calendar year.
2. Zoning clearance reauired: declared state of emergency. If a state of emergencv is declared by the
president of the United States, the governor of the Commonwealth of Virginia, or the board of
supervisors, the owner shall obtain a zoning clearance under section 31.5 within forty -five (45)
days after placing a MPWSF on any site. The MPWSF may be placed on the site for the duration of
the state of emergency,
19
Draft: 02/25/15
Comment: This subsection was added as subsection 5.1.40(1) as part of the Phase 2 Wireless ZTA adopted by
the Board on February 11, 2015.
The County of Albemarle, Virginia and the Albemarle County Board of Supervisors reserve any and all rights that it
has under the Commerce Clause of, and the Tenth Amendment to, the United States Constitution.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular
meeting held on
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
Rol
Draft: 03/02/15
ORDINANCE NO. 15 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, and Article II, Basic Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Antenna array: An orderly arrangement of antennas mounted at the same height on a tower or other structure and
intended to transmit a signal providing coverage over a specific area for a single provider of personal wireless
services. (Added 10- 13 -04)
Avoidance area: An area having significant resources where the initial siting of personal wireless service facilities
could result in adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be
skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any
location in which the proposed personal wireless service facility and three (3) or more existing or approved
personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground
having a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any state scenic
highway or by -way. (Added 10- 13 -04)
Base station. A structure or equipment at a fixed location that enables Federal Communications Commission -
licensed or authorized wireless communications between user equipment and a communications network.
1. Services to which the term applies. The term includes, but is not limited to, equipment associated with
wireless communications services such as private. broadcast, and public safety services as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. Equipment to which the term applies and does not apply. The term includes. but is not limited to. radio
transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration, including distributed antenna systems and small -cell
networks. The term does not include any equipment associated with a tower.
3. Structures to which the term applies and does not apply. The term includes any structure, other than a
tower, that, at the time the relevant application is filed with the county. supports or houses equipment
described in paragraphs (1) and (2) of this definition that has been reviewed and approved under section
Draft: 03/02/15
5.1.40 or the applicable zoning process in effect prior to October 13, 2004. The term does not include:
tower as defined in this section: and (ii) any structure that, at the time the relevant application is filed with
the county under section 5.1,40, does not support or house equipment described in paragraphs (1) and (2) of
this definition.
Collocation.: ,
fnetinting or- insta4lation of one or- more antennas for- the per-pose of providing pesenal wiFeless serviees on
The mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving adio
frequency signals for communications purposes.
Collocation, exempt: A collocation that would not result in a substantial change in the physical dimensions of an
eligible support structure.
Concealment elements of the eligible support structure. Any condition of approval, including any applicable
requirement of section 5.1.40 in effect at the time of approval, established and imposed on the personal wireless
service facility as a concealment technique and which includes conditions or regulations pertaining to antenna size .
color of the structure and all equipment, antenna mounting techniques, including the requirement that antennas be
flush mounted, maximum tower diameters at the base and top, limitations on tower height relative to a reference
tree, screening y trees including the restrictions on removing trees that are screening the tower, siting towers so
that they are not skylighted, requirements as to how cables should be located on a tower, and the size location .
design, and screening for ground based equipment.
Eligible support structure. Any tower or base station provided that it is existing at the time the relevant application
is filed with the County.
Existing tower or existing base station. As referred to in the definition of "eligible support structure." a constructed
tower or base station that has been reviewed and approved under the applicable zoning process, provided that a
tower that has not been reviewed and approved because it was not required to be reviewed when it was built, but
was lawfully constructed, is existing for purposes of this definition.
.� • AA.
y
5
Draft: 03/02/15
Replacement: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, the
replacement of ,
tr-ansmission equipment, and ground equipment shelter-, all of whieh is for- the purpose of pr-eviding personal
transmission equipment of the same or lesser size
in the same location as the equipment being replaced on an elf it J )ort structure. (Added 5 -8 -13)
Replacement, exempt. A replacement that would not result in a substantial change in the physical dimensions of the
eligible support structure.
Substantial change: A modification to an elieible support structure that meets one or more of the following criteria:
1. Increase in height. For towers other than towers in the Dublic rights -of -way. the modification increases the
height of the tower by more than ten percent (10 %) or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty ((20) feet, whichever is greater: for other
eligible support structures, the modification increases the height of the structure by more than ten percent
10 %) or more than ten (10) feet, whichever is greater. Changes in height shall be measured from the
original support structure in cases where deployments are or will be separated horizontally such as on
buildings' rooftops: in other circumstances, changes in height should be measured from the dimensions of
the tower or base station, inclusive of originally pproved appurtenances and any modifications that were
approved prior to February 22, 2012.
2. Increase in width. For towers other than towers in the public rights -of -wavy, . the modification involves
adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than
twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is
greater: for other eligible support structures, the modification involves adding an appurtenance to the body
of the structure that would protrude from the edge of the structure by more than six (6) feet.
3. Excessive equipment cabinets. For any eligible support structure, the modification involves installation of
more than the standard number of new equipment cabinets for the technology involved, but not to exceed
four (4) cabinets: or, for towers in the public rights -of -way and base stations, the modification involves
installation of any new equipment cabinets on the ground if there are no pre - existing ground cabinets
associated with the structure, or else involves installation of ground cabinets that are more than ten percent
l0�ger in height or overall volume than any cabinets associated with the structure.
4. Expands tower site. The modification entails any excavation or deployment outside the current site.
5. Defeats concealment elements. The modification would defeat the concealment elements of the eligible
support structure.
6. Does not comply with conditions of approval. The modification does not comply with conditions associated
with the siting approval of the construction or modification of the eligible support structure or base station
Draft: 03/02/15
equipment: provided that this limitation does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in paragraphs (1) through (4) of this definition.
Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that: (i) is located
entirely within an existing building but which may include a self - contained ground equipment shelter not exceeding
one hundred fifty (150) square feet that is not within the building or a whip antenna that satisfies the requirements
of subsection 5.1.40(o(b)(1)(d); (ii) consists of one or more antennas, other than a microwave dish, attached to an
existing structure, together with associated personal wireless service equipment; (iii) is located within or
camouflaged by an addition to an existing structure determined by the agent to be in character with the structure
and the surrounding district;
dimensions of an e*isfing per-sena4 wireless ser-viee faeifity as th4 phrase is used in subseetion ; or Giv) is
the replacement of a wooden monopole with a metal monopole that does not exceed the maximum dimensions
permitted under subsection 5.1.40(d)(5)(121 U9. (Added 10- 13 -04; Amended 5 -8 -13)
Tower: As referred to in the definition of "eligible support structure" and "existing tower or base station." any
structure built for the sole or primary purpose of supporting any Federal Communications Commission- licensed or
authorized antennas and their associated facilities, including structures that are constructed for wireless
communications services. including, but not limited to, private, broadcast, and public safety services as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated tower site.
Tower site: As referred to in the definitions of "substantial change" and "tower" and as used in section 5.1.40. for
towers other than towers in the public rights-of-way y, the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently related to the site, and, for other eligible
support structures, further restricted to that area in proximity to the structure and to other transmission equipment
already deployed on the ground.
Transmission equipment. As used in section 5.1.40, equipment that facilitates transmission for any Federal
Communications Commission- licensed or authorized wireless communication service, including, but not limited t
radio transceivers, antennas, coaxial or fiber -optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services, including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities; collocation, replacement. and removal of transmission
equipment
The 5.1.40 is to implement the faeili6es
the
pufpese of seetion per-senal wireless sefviee pohey,
adopted as pat4 of
"faeifity")
to fell
be
shall
subjeet
NO M-141111,
Draft: 03/02/15
I lj�j I i�� I I'll I I
Jill
1,
MMOMETTM
I lj�j I i�� I I'll I I
Draft: 03/02/15
attaehed to an existing st-Foetwe of an existing building, r-esidefitial and eowmaefei-alf
stmewr-es, and residential and fur-a4 areas distriet botindaries.
Additions. of antemmas.. if antennas are proposed to be added to an exisfing stfuetur-e, existing
or- faeility, as well as A gfound equipment, shall be identified by owner-, type a-Rd size. The-
lillm Will -a k�
Additions. of antemmas.. if antennas are proposed to be added to an exisfing stfuetur-e, existing
or- faeility, as well as A gfound equipment, shall be identified by owner-, type a-Rd size. The-
Draft: 03/02/15
Site Notwithstanding 32.2, be for- faleility,
but the
plam. seefien a site plan sha4i not f:equif:ed a
sehematies, plans, eaktil4ions, drawings and other- infefmation required by the
agent to detefffline
Draft: 03/02/15
NOW
IN
..
RAIN
Draft: 03/02/15
�� �s:� �rr_e� � ��rrrsr::t�!�s�!�rrs:� ■!erss:�essE�!�e!e!�
VIEW 1111 .A
v
..... . . . ......
1 I�u�' I I f
E �
:��rrrr�s:�re:�s�rrre�rs
building be feneed the
the finding th4
the fenee:
sha4i only with
appfoval of agent upon
(i) woul
the Fiffal aFeaS, 4) PFE)teet
hVeStOek OF wildlife; (ii) would not
be &44mefital to the
.., ,
�� �s:� �rr_e� � ��rrrsr::t�!�s�!�rrs:� ■!erss:�essE�!�e!e!�
VIEW 1111 .A
v
..... . . . ......
1 I�u�' I I f
E �
:��rrrr�s:�re:�s�rrre�rs
.r_es�rsjn:Ee::s.
Mill ATA
•
f IF
1111.111014 NOW
, MMI 11110 (11M
No I
Draft: 03/02/15
Agent aff r-eval of imer-ease in height of monopole based on imer-ease in height of r-efir-eme-e tr-ee.
Upon the written fequest of the applieant, the agent may authefize the height o . - - -- I
faeility's monopole to be iner-eased above its originally approved height upon finding tha4 the
r-efer-enee tr-ee has grown to a height tha4 is relative to the r-e"ested ifier-ease in height of th
well as the heights of other- tfees to be eensider-ed by the agent. The agent shall not grant stie
10
Mll
Agent aff r-eval of imer-ease in height of monopole based on imer-ease in height of r-efir-eme-e tr-ee.
Upon the written fequest of the applieant, the agent may authefize the height o . - - -- I
faeility's monopole to be iner-eased above its originally approved height upon finding tha4 the
r-efer-enee tr-ee has grown to a height tha4 is relative to the r-e"ested ifier-ease in height of th
well as the heights of other- tfees to be eensider-ed by the agent. The agent shall not grant stie
10
Draft: 03/02/15
seetion 33.4, and it shall be installed and opeFated in oemplianee with all appheable pr-ovisions of this
..
0 ................
11
,. -
-
1 N 11 "1 .11 1111111 111 11111111 !111!!! 11111111111111 11111111111111 !111!!! !111!!! 1111111111 !111!!! 11111111111111
HIM IN
ii,•
.0. 1, ME
M. M
11
Draft: 03/02/15
PHiefor- 6tetion. Eaeb aetion on an applieation fef: a Tier- 1, 11 of M faeility shall be taken within the
following per-i9dr
Illit W,.
12
-
,.
_ I ,
Will 1111111
,.
,.
moss wil
PHiefor- 6tetion. Eaeb aetion on an applieation fef: a Tier- 1, 11 of M faeility shall be taken within the
following per-i9dr
Illit W,.
12
Draft: 03/02/15
13
ON
J:.
13
Draft: 03/02/15
. . ............
The purpose of section 5.1.40 is to implement the personal wireless service facilities policy; adopted as part of the
comprehensive plan, in a manner that complies with Section 704 of the Telecommunications Act of 1996 (47 U.S.C.
332(c)(7)1, for new personal wireless service facilities and collocations and replacements that result in a substantial
change in the physical dimensions of an eligible support structure: and to implement Section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455) and 47 CFR § 1.40001 for collocations and
replacements that do not result in a substantial change in the physical dimensions of an eligible support structure.
Each personal wireless service facility and the transmission equipment of any other wireless service shall be subs
to the following, as applicable:
a. Application_ for approval: An application providing the following information shall be required for each
personal wireless service facility and wireless transmission equipment that will be collocated or replace
existing equipment on an eligible support structure.
Application Requirements
Application
I
II
III
CR
1. Application form and signatures. A completed application form, signed by the parcel owner, the
X
X
X
X
parcel owner's agent or the contract purchaser, and the proposed facility's owner. If the owner's
agent signs the application, he shall also submit written evidence of the existence and scope of the
agency. If the contract purchaser signs the application, he shall also submit the owner's written
consent to the application.
2. Plat or survey of the parcel. A recorded plat or recorded boundary survey of the parcel on which
x
x
the facility will be located: provided, if neither a recorded plat nor boundary survey exists. a copy
of the legal description of the parcel and the Albemarle County Circuit Court deed book and page
number.
3. Ownership. The identity of the owner of the parcel and, if the owner is other than a real person. the
X
x
complete legal name of the entity, a description of the type of entity, and written documentation
that the person signing on behalf of the entity is authorized to do so.
4. Plans and supporting drawings, calculations, and documentation. Except where the facility will be
X
X
X
X
located entirely within an eligible support structure or an existing building, a scaled plan and a
x
X
X
scaled elevation view and other supporting drawings, calculations, and other documentation
required by the agent, signed and sealed by an appropriate licensed professional. The plans and
supporting drawings, calculations, and documentation shall show:
al Existing and proposed improvements. The location and dimensions of all existing and
proposed improvements on the parcel, including access roads and structures, the location and
dimensions of significant natural features, and the maximum height above ground of the
facility (also identified in height above sea level).
14
Draft: 03/02/15
]EMELAWnlication Requirements
Tyne ofof
Application
I
II
III
�R
b) Elevation and coordinates. The benchmarks and datum used for elevations shall coincide
X
X
X
X
X
x
X
X
X
X
with the State Plane VA South US Survey Feet based on the North American Datum of 1983
NAD 83). and the benchmarks shall be acceptable to the county engineer.
c) Design. The design of the facility, including the specific type of support structure and the
design, type, location, size, height, and configuration of all existing and proposed antennas
and other equipment.
d) Color. Identification of each paint color on the facility, by manufacturer color name and color
number. A paint chip or sample shall be provided for each color.
e) Topography. Except where the facility would be attached to an eligible support structure or an
X
X__
existing building, the topography within two thousand (2.000) feet of the proposed facility. in
contour intervals not to exceed ten (10) feet for all lands within Albemarle County and. in
X
X
X
contour intervals shown on United States Geological Survey topographic survey maps or the
best topographic data available, for lands not within Albemarle County,
Trees. The caliper and species of all trees where the dripline is located within fifty-(50)-feet of
the facility. The height, caliper, and species of any tree that the applicant is relying on to
x
X
X
X
X
X
x
X
X
X_
X
provide screening of the monopole or tower. The height, caliper, and species of the reference
tree. The caliper and species of all trees that will be adversely impacted or removed during
installation or maintenance of the facility shall be noted, regardless of their distances to the
facility.
(g) Setbacks, narking, fencing, and landscaping. All existing and proposed setbacks. parking.
fencing, and landscaping.
h) Location of accessways. The location of all existing vehicular accessways and the location
and design of all proposed vehicular accessways.
i) Location of certain structures and district boundaries. Except where the facility would be
attached to an eligible support structure or an existing building, residential and commercial
structures; and residential and rural areas district boundaries.
(i) Proximity to airports. If the proposed monopole or tower will be taller than one hundred fifty
150) feet, the proximity of the facility to commercial and private airports.
5. Photographs. Photographs of the location of the proposed monopole or tower shall be provided that
X
X__
include, for applications for Tier II facilities, the reference tree, and for applications for Tier III
facilities, the area within fifty (50) feet of the proposed monopole or tower. These photographs
shall include reference points to enable the lease area, the vehicular access, the trees that will
remain, and the trees that will be removed, to be identified, In addition, pl?hotographs, where
possible, or perspective drawings of the facility site and all existing facilities within two hundred
200) feet of the site, if any, and the area surrounding the site.
15
Draft: 03/02/15
MMMELA=Mnlication Requirements
Tyne ofof
Application
I
II
III
�R
6. Balloon tests. For any proposed monopole or tower, photographs taken of a balloon test, which
X
X
X
X
X
X__
X__
X
shall be conducted, if requested by the agent, as follows:
a) Scheduling. The applicant shall contact the agent within ten (10) days after the date the
application was submitted to schedule a date and time when the balloon test will be
conducted. The test shall be conducted within forty (40) days after the date the application
was submitted, and the applicant shall provide the agent with at least seven (7) days prior
notice: provided that this deadline maybe extended due to inclement weather or by the
agreement of the applicant and the agent.
b) Marking key boundaries and locations. Prior to the balloon test, the locations of the access
road, the lease area, the tower site, the reference tree and the tallest tree within twenty five
25) feet of the proposed monopole shall be surveyed and staked or flagged in the field.
c) Balloon height. The test shall consist of raising one or more balloons from the site to a height
equal to the proposed facility.
d) Balloon color or material. The balloons shall be of a color or material that provides maximum
visibility.
e) Photographing balloon test. The photographs of the balloon test shall be taken from the
X
X__
nearest residence and from appropriate locations on abutting properties, along each publicly
used road from which the balloon is visible, and other properties and locations as deemed
appropriate by the agent. The applicant shall identify the camera type, film size, and focal
length of the lens for each photograph.
7. Additions of antennas. If antennas are proposed to be added to an eligible support structure or an
x
x
existing building, all existing antennas and other equipment on the structure, building or facility, as
well as all ground equipment, shall be identified by owner, type and size. The methods) by which
the antennas will be attached to the mounting structure shall be depicted.
8. Site under conservation or open space easement. If the proposed facility would be located on lands
X
X
subject to a conservation easement or an open space easement, a copy of the recorded deed of
easement and the express written consent of all easement holders to the proposed facility.
9. Photographic simulations. At the request of the agent, photographic simulations of the proposed
X
X
facility.
10. Statement of justification for exempt collocation. If the application is for an exempt collocation, a
X__
statement of the justification for the application qualifying as an exempt collocation.
11. Evidence of prior approval. Approval letters or actions from the County authorizing the initial
X__
construction of the facility_ and any approval letters or actions for modifications of the facility
after initial construction. If no approvals were granted by the County for the facility, the applicant
shall provide evidence that the facility was constructed lawfully.
12. Special exception. If the proposed facility does not comply with any provision of section 5.1.40,
X
X
X
the applicant shall request a special exception in writing as part of the application. The request
shall identify which regulation in section 5.1.40 for the special exception is requested and a
justification for the special exception.
16
Draft: 03/02/15
The following abbreviations are used in this table:
I, 11, and III: Refer to Tier 1. Tier 11, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
b. Development requirements. Each facility may be established upon approval as provided in subsection (c)
provided that the application satisfies the requirements of subsection (a) and demonstrates that the facility will
be installed and operated in compliance with all applicable provisions of this chapter, and the following
Development Requirements
7General
Tyne of
Application
I
II
III
cm
sig n. The facility shall be designed, installed, and maintained as follows:
X
X
X
X
X
X
X
X
X__
a) Guy wires. Guy wires are prohibited.
b) Outdoor lighting. Outdoor lighting for the facility shall be permitted only during maintenance
periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as
required by section 4.17; provided that these restrictions shall not apply to any outdoor lighting
required by federal law. ^
c) Ground equipment. Any ground equipment shelter not located within an eligible support structure
or an existing building shall be screened from all lot lines either by terrain, existing structures,
X
X
X
X
X__
X
existing vegetation, or by added vegetation approved by the agent.
d) Whip antenna. A whip antenna less than six (6) inches in diameter may exceed the height of the
facility, the eligible support structure, or the existing building.
e) Grounding rod. A grounding rod, whose height shall not exceed two (2) feet and whose width
shall not exceed one (1) inch in diameter at the base and tapering to a point, may be installed at
the top of the facility, the eligible support structure, or the existing building.
2. Antennas and associated equipment. Antennas and associated equipment that are not entirely within a
X
X
X
proposed facility. an eligible support structure, or an existing building shall be subject to the following,
a) Number of arrays. The total number of arrays of antennas shall not exceed three (3). All types of
X
X
antennas and dishes, regardless of their use, shall be counted toward the limit of three arrays.
X
X
X
b) Size. Each antenna proposed under the pending application shall not exceed the size shown on the
application, which size shall not exceed one thousand one hundred fifty two (1152) square
X
X
X
inches.
c) Projection. No antenna shall project from the facility, structure or building beyond the nummum
required by the mounting equipment, and in no case shall any point on the face of an antenna
X
X
X
project more than twelve (12) inches from the facility. structure, or building; and
d) Color. Each antenna and associated equipment shall be a color that matches the facility, structure
or building.
3. Tree conservation plan: content. Before the building official issues a building permit for the facility.
X
X
X
the applicant shall submit a tree conservation plan prepared by a certified arborist. The plan shall be
submitted to the agent for review and approval to ensure that all applicable requirements have been
satisfied. The plan shall specify tree protection methods and procedures, identify all existing trees to be
removed on the parcel for the installation, operation and maintenance of the facility, and identify all
17
Draft: 03/02/15
Development Requirements
Tyne ofof
Application
I
LE
II
III
�R
dead and dying trees that are recommended to be removed. In approving the plan, the agent may
identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the
>lan•
4. Creation of slopes steeper than 2:1. No slopes associated with the installation of the facility and its
X
X
X__
accessory uses shall be created that are steeper than 2:1 unless retaining_ walls, revetments, or other
stabilization measures acceptable to the county engineer are employed.
5. Ground equipment shelter: fencing. Any ground equipment shelter not located within an existing
X
X
X
building shall be fenced only with the approval of the agent upon finding that the fence: (i) would
protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the
rural areas, to protect the facility from livestock or wildlife: (ii) would not be detrimental to the
character of the area: and (iii) would not be detrimental to the public health, safety or general welfare.
6. Screening and siting to minimize visibility. The site shall provide adequate opportunities for screening
X
X
and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of
their distance from the facility. The facility also shall be sited to minimize its visibility from any
entrance corridor overlay district, state scenic river, national park, or national forest, regardless of
whether the site is adjacent to the district. river, park or forest. If the facility would be located on lands
subject to a conservation easement or an open space easement, or adjacent to a conservation easement
or open space easement, the facility shall be sited so that it is not visible from any resources
specifically identified for protection in the deed of easement.
7. Open space plan resources. The facility shall not adversely impact resources identified in the natural
X
X
resources chapter of the county's comprehensive plan and the parks and green systems chapters in any
county master plan.
8. Horizontal separation of multiple facilities. The facility shall not be located so that it and three (3) or
X__
more existing or approved personal wireless service facilities would be within an area comprised of a
circle centered anywhere on the ground having a radius of two hundred (200) feet.
9. Diameter of monopole. The maximum base diameter of the monopole shall be thirty (30) inches and
X__
the maximum diameter at the top of the monopole shall be eighteen (18) inches.
10. Height of monopole. The top of the monopole, measured in elevation above mean sea level, shall not
X
be more than ten (10) feet taller than the tallest tree within twenty -five (25) feet of the monopole, and
shall include any base, foundation or grading that raises the monopole above the pre- existing natural
ground elevation.
11. Color of monopole, antennas, and equipment. Each monopole shall be a dark brown natural or painted
X
X
wood color that blends into the surrounding trees. The antennas, supporting brackets. and all other
equipment attached to the monopole shall be a color that closely matches that of the monopole. The
ground equipment, the ground equipment shelter, and the concrete pad shall also be a color that
closely matches that of the monopole. provided that the ground equipment and the concrete pad need
not closely match the color of the monopole if they are enclosed within a ground equipment shelter or
within or behind an approved structure, facade or fencing that: Q) is a color that closely matches that
of the monopole: (ii) is consistent with the character of the area: and (iii) makes the ground
equipment, ground equipment shelter, and the concrete pad invisible at any time of year from any
other parcel or a public or private street.
12. Placement of cables, wiring, and similar attachments. Each wood or concrete monopole shall be
X
constructed so that all cables, wiring, and similar attachments that run vertically from the ground
equipment to the antennas are placed on the monopole to face the interior of the site and away from
18
Draft: 03/02/15
Development Requirements
Tyne ofof
Application
I
II
III
-CIR
public view, as determined by the agent. Metal monopoles shall be constructed so that vertical cables
X
X
X
X_
wiring, and similar attachments are contained within the monopole's structure.
13. Special use Permit conditions. All conditions of approval of a special use permit.
X
X
x
X_
14. No substantial change. The collocation or replacement shall not result in a substantial change to the
X
physical dimensions of an eligible support structure.
The following abbreviations are used in this table:
I. I1. and III: Refer to Tier 1. Tier II. and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
C. Applicability of other regulations in this chapter. Except as otherwise provided in this subsection, each
facility shall be subject to all applicable regulations in this chapter;
Applicability of other Development Requirements
OIL A ow in this Chaff
Tvne ofof
Application
I
II
III
OR
1. Building site. Notwithstanding section 4.2.31a1, a facility is not required to be located within a building
X
X
X
X_
site.
2. Vehicular access. Vehicular access to the lease area shall be subject to the requirements of section 4.2
X
X
X_
X_
and shall not be exempt under section 4.2.6(c).
3. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a facility to be located closer in
X
X
X
X
distance than the height of the tower or other mounting structure to any lot line if the applicant obtains
an easement or other recordable document showing agreement between the lot owners, acceptable to
the county attorney as to addressing development on the part of the abutting parcel sharing the
common lot line that is within the monopole or tower's fall zone. If the ri ght -of -way for a public street
is within the fall zone. the Virginia Department of Transportation shall be included in the staff review_
in lieu of recording an easement or other document.
4. Area, bulk, and minimum yards. Notwithstanding the requirements of the district in which the facility
x
X
X__
will be located, the area and bulk regulations, and the minimum yard requirements of the district shall
not apply.
5. Required yards. Notwithstanding section 4.11, a facility may be located in a required yard.
X
X
X
X
6. Site plan. Notwithstanding section 32.2, a site plan shall not be required for a facility, but the facility
X
X
X
X
shall be subject to the requirements of section 32, and the applicant shall submit all schematics._plans,
calculations, drawings and other information required by the agent to determine whether the facility
complies with section 32. In making this determination, the agent may impose reasonable conditions
authorized by section 32 in order to ensure compliance.
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I. Tier 11, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
19
Draft: 03/02/15
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
d. Performance standards and requirements_ for approved applications. In addition to the applicable
development requirements in subsections (b) and (c), the following performance standards and
requirements shall apply:
Performance Standards and Requirements V
�--Qf
Application
I
II
III
CR
1. Building permit application: submitting certification of monopole height and revised plans. The
X
following shall be submitted with the building permit application: (i) certification by a registered
surveyor stating the height of the reference tree that is used to determine the permissible height of the
monopole: and (ii) a final revised set of Dlans for the construction of the facility. The agent shall
review the surveyor's certificate and the plans to ensure that all applicable requirements have been
satisfied.
2. Tree conservation plan: compliance: amendment. The installation. operation, and maintenance of the
X
X
X
facility shall be conducted in accordance with the tree conservation plan. The applicant shall not
remove existing trees within the lease area or within one hundred (100) feet in all directions
surrounding the lease area of any part of the facility except for those trees identified on the plan to be
removed for the installation, operation, and maintenance of the facility and dead and dying trees.
Before the applicant removes any tree not designated for removal on the approved plan, the applicant
shall submit and obtain aDDroval of an amended plan. The agent may approve the amended plan if the
proposed tree removal will not adversely affect the visibility of the facility from any location off of the
parcel. The agent may impose reasonable conditions to ensure that the purposes of this paragraph are
achieved.
3. Completion of installation: submitting certifications of compliance. Within thirty (30) days after
X
X
X
completion of the installation of the facility. the applicant shall provide the agent and prior to issuance
of a certificate of occupancy: (i) certification by a registered surveyor stating the height of the
monopole, measured both in feet above ground level and in elevation above mean sea level, using the
benchmarks or reference datum identified in the application: and (ii) certification stating that the
lightning rod's height does not exceed two (2) feet above the top of the monopole and width does not
exceed a diameter of one (1) inch.
4. Discontinuance of use: notice thereof.• removal: surety. Within thirty (30) days after a facility's use for
X
X
X
personal wireless service purposes is discontinued, the owner of the facility shall notify the zoning
administrator in writing that the facility's use has discontinued. The facility shall be disassembled and
removed from the site within ninety (90) days after the date its use for personal wireless service
Durposes is discontinued. If the agent determines at any time that surety is required to guarantee that
the facility will be removed as required, the agent may require that the parcel owner or the owner of
the facility submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient
for, and conditioned upon, the removal of the facility. The type and form of the surety guarantee shall
be to the satisfaction of the agent and the county attorney. In determining whether surety should be
required, the agent shall consider the following: (i) whether there is a change in technology that makes
it likely that the monopole or tower will be unnecessary in the near future: (ii) the permittee fails to
comply with applicable regulations or conditions: (iii) the permittee fails to timely remove another
monopole or tower within the county: and (iv) whenever otherwise deemed necessary by the agent.
The following abbreviations are used in this table:
I. II, and III: Refer to Tier I. Tier H, and Tier III facilities. respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding acility or transmission equipment.
►L
Draft: 03/02/15
e. Application review and action. Each application shall be reviewed and acted on as follows:
Application Review and Action
Tyne ofof
Application
I
II
III
OR
1. Nature of review and action: The nature of the review and action on submitted applications are as
x
X
X
follows:
a) Ministerial review and approval by the department of community development to determine
compliance with applicable requirements of this section.
b) Legislative review and approval of a special use permit by the board of supervisors, subiect to
the applicable requirements of this section and of sections 33.4 and 33.8: to the extent there is
any conflict between the time for action in this subsection and in section 33.4, this section shall
revail.
2. Time for action. The application shall be acted upon within.
a) 60 days.
b) 90 days.
c) 150 days.
'If the application requires a special exception, the time for acting on the special exception applies to
X
S'
X
S'
X
X
the entire application.
3. Calculating the time for action. The time for action on an application shall be calculated as follows:
X
X
x
X
X_
X
X
X
X
X
X
X
X
X
X
X
X__
X
X_
a) Commencement. The time for action on an application shall begin on:
i) The date the application is received in the department of community development.
(ii) The submittal date established for this type of application by the director of planning.
b) Determination of completeness. Within thirty (30) days after the application is received, the
department of community development shall determine whether the application includes all of
the applicable information required by this section. If any required information is not provided,
the department shall inform the applicant within the thirty (30) day period about which
information must be submitted in order for the application to be determined to be complete.
(c) Resubmittal. Within ten (10) days after a resubmittal is received, the department of community
development shall determine whether the application includes all of the applicable information
required by the initial notice of incompleteness. If any required information was not provided,
the department shall inform the applicant within the ten (10) day period about which
information must be submitted in order for the application to be determined to be complete.
Second or subsequent notices that information is missing may not include information that was
not identified in the original notice of incompleteness.
d) Tolling. The running of the time for action shall be tolled between the date the department
informs the applicant that its application is incomplete under and the date on which the
department receives all of the required information from the applicant.
e) Extending time for action. The time by which action must be taken may be extended upon
request by, or with the consent of the a licant.
21
Draft: 03/02/15
Application Review and Action
Tyne ofof
Application
I
II
III
�R
4. Notice. Notice to third parties shall be provided as follows:
a) Notice of the agent's consideration of an application for a Tier I facility with a special
S
X__
exception or a Tier II facility shall be sent by the agent to the owner of each parcel abutting the
parcel on which the proposed facility will be located. The notice shall describe the nature of the
facility, its proposed location on the lot, its proposed height, and the appropriate county office
where the complete application may be viewed. The notice shall be mailed by first class mail or
hand delivered at least ten (10) days before the agent acts on the application. Mailed notice shall
be mailed to the last known address of the owner, and mailing the notice to the address shown
X
on the current real estate tax assessment records of the county shall be deemed compliance with
this requirement. The failure of an owner to receive the notice as provided herein shall not
affect the validity of an approved facility and shall not be the basis for an appeal.
(b) Notice of public hearings shall be provided as required by section 33.4(m).
5. Action. An application shall be acted on as follows:
a) The application shall be approved if it satisfies all of the applicable requirements of this section.
X
X
X
X
b) The application shall be acted on as provided in sections 33.4 and 33.8.
6. Disapproval of application: anneal. If an application is disapproved:
a) If the agent disapproves an application, he shall identify which requirements were not satisfied
x
X
X
X
X
and inform the applicant what needs to be done to satisfy each requirement. The applicant may
appeal the disapproval of an application to the board of supervisors. An appeal shall be in
writing and be received in the office of the clerk of the board of supervisors within ten (10)
calendar days after the date of the disapproval by the agent. In considering an appeal. the board
may affirm, reverse, or modify in whole or in part. the decision of the agent, and its decision
shall be based upon the applicable requirements of this section.
b) In lieu of the appeal provided in subsection (a), the applicant at its sole option may appeal the
disapproval of the application related to an alleged violation of 47 USC § 332(c)(7) or 47 CFR §
1.40001, as applicable, in any court of competent jurisdiction.
c) The applicant may anneal the decision of the board of supervisors as provided in Virginia Code
X
§ 15.2 -2285 and section 33.4.
7. Effect of failure to act within time for action. The failure to act on an application within the time for
X
X
X
X
action shall:
a) Be deemed to be approval of the application: provided that the deemed grant does not become
effective until the applicant notifies the department of community development in writing after
the review period has expired that the application has been deemed approved.
b) Create a rebuttable presumption that the failure to timely act was not reasonable under 47
U.S.C. § 332(c)(7)(B)(ii).
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier 11, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
ON
Draft: 03/02/15
X: Refers to a reauirement that applies to the corresponding facilitv or transmission eauipment.
S: Refers to an alternative review period that applies when an application for a special exception accompanies the
application.
f. Collocation or replacement that would result in a substantial change to an eligible support structure. An
collocation or replacement of transmission equipment that would result in a substantial change the
physical dimensions of an eligible support structure shall be subject to the procedures and standards for a
Tier I facility. A special exception shall be required for any substantial change that does not satisfy the
standards for a Tier I facility. Any collocation or replacement approved for an eligible support structure by
special use permit prior to October 13. 2004 shall not reclassify the eligible support structure as a Tier 1. II,
or III facility.
g. Removal of transmission equipment on any eligible support structure. Any transmission equipment on an y
eligible support structure may be removed as a matter of right and regardless of any special use permit
condition providing otherwise.
h. Agent approval of increase in height of monopole based on increase in height of reference tree. Upon the
written request of the applicant, the agent may authorize the height of an existing Tier II facility's
monopole to be increased above its originally approved height upon finding that the reference tree has
grown to a height that is relative to the requested increase in height of the monopole. The application shall
include a certified survey of the reference tree's new height, as well as the heights of other trees to be
considered by the agent. The agent shall not grant such a request if the increase in height would cause the
facility to be skylighted or would increase the extent to which it is ski hg ted.
i. Administration of special use permits for facilities approved prior to October 13. 2004: conditions. If any
condition of a special use permit for an eligible support structure approved prior to October 13.2004 is
more restrictive than a corresponding standard in this section, the corresponding standard in this section
shall apply. If any condition of the special use permit is less restrictive than a corresponding,-standard in this
section and the applicant establishes that vested rights have attached to the approved facility, the special use
permit conditions shall apply.
j. Mobile personal wireless service facilities. Mobile personal wireless service facilities ( "MPWSF ") shall not
be subject to any requirements of section 5.1.40, and are otherwise permitted byright y zoning district,
subject to the following
1. Zoning clearance reauired: temporary non- emergencv event. The owner shall obtain a zonin
clearance under section 31.5 prior to placing a MPWSF on any site for a temporary non-emergen=cy
event. The MPWSF may be placed on the site for a maximum of seven (7) consecutive days, and
shall not be placed on any site for any temporary non - emery event more than twice in a
calendar year.
2. Zoning clearance required: declared state of emereencv. If a state of emeraencv is declared by the
President of the United States, the Governor of the Commonwealth of Virginia, or the board of
supervisors, the owner shall obtain a zoning clearance under section 31.5 within forty -five (45)
days after placing a MPWSF on any site. The MPWSF may be placed on the site for the duration of
the state of emer eg ncv_.
The County of Albemarle, Virginia and the Albemarle County Board of Supervisors reserve any and all rights that it
has under the Commerce Clause of, and the Tenth Amendment to, the United States Constitution.
23
Draft: 03/02/15
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular
meeting held on
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
24