(A) Purpose and intent.
(1) The purpose of this section is to establish standards for the siting of wireless telecommunication service facilities. The goals are to:
(a) Promote the general safety, welfare, and quality of life for county residents;
(b) Assure availability of wireless telecommunication and wireless broadband service to the public;
(c) Discourage the location of telecommunication towers greater than 100 feet in height in residential, historic and environmentally- sensitive areas;
(d) Encourage co-location on existing facilities, and on existing buildings and structures for low power local wireless broadband service; and
(e) Minimize adverse impacts, including visual impacts, on areas caused by tower/ monopole sites.
(2) Before new wireless communications facilities are constructed, and in order to minimize the need for new towers, it must be demonstrated to the satisfaction of the county that it is not feasible from either engineering or coverage bases to co-locate on existing buildings, structures, and towers.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA ARRAY. One or more whips, panels, discs, or similar devices under 20 feet height used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (whip, satellite dish), directional antenna (panel, microwave dish), and parabolic antenna (disc), but not including satellite earth stations. The antenna array does not include the support structure as defined in this section.
ATTACHED WIRELESS COMMUNI-CATIONS FACILITY (ATTACHED WCF). An antenna array that is attached or affixed to an existing building or structure (including but not limited to a utility pole, sign, or water tower), along with any transmission cables and accompanying pole or device that attaches or affixes the antenna array to the existing building or structure.
BREAKPOINT LENGTH. The distance from the designed breaking point to the top of the structure.
BREAKPOINT TECHNOLOGY. The engineering design of a tower, mast or monopole wherein a specified point on the structure is designed to have stresses concentrated so that the point is at least 5% more susceptible to failure than any other point along the structure so that, in the event of a structural failure, the failure will occur at the breakpoint rather than at the base plate, anchor bolts or any other point on the structure.
CO-LOCATION or COLLOCATION. Use of a common WCF or common support structure by two or more wireless communications license holders or by one wireless communications license holder for more than one type of communications technology, or, placement of a WCF on a structure owned or operated by a utility or other public entity, or placement of an attached WCF.
EQUIPMENT FACILITY. Any accessory structure used to contain ancillary equipment for WCFs, which may include cabinets, small shelters, pedestals, or other similar structures.
LOCAL WIRELESS BROADBAND SERVICE (LWBS). Low power wireless radio transmitting in the industrial science and manufacturing (ISM) bands as regulated by the FCC part 15 rules and regulations for wireless equipment, to provide access to the Eastern Shore of Virginia Broadband Authority fiber optic cable system of internet and data transmission services in all areas of the county, originating from area hubs via point-to- point and point-to-multipoint wireless connections to the end users.
LOW POWER TRANSMISSION. Transmitting under the FCC Part 15 regulation ISM radio bands. The ISM bands are defined by the International Telecommunication Union Regulations (ITU-R) in 5.138, 5.150, and 5.280 of the ITU Radio Regulations. FCC Part 15 controls power outputs and how unlicensed equipment should behave in these radio-bands.
SUPPORT STRUCTURE. Any structure designed and constructed specifically to support an antenna array, and may include a monopole, tower, mast, stayed mast and other similar structures. Any device used to attach an attached WCF to an existing building or structure shall be excluded from this and the following definitions.
(a) MAST. A vertical antenna support mounted on some other structure, which itself may be a tower, building or vehicle.
(b) MONOPOLE. A single self- supporting vertical pole structure that is attached to the ground, tapering from base to top and supporting a fixture designed to hold one or more antennas.
(c) NON-MONOPOLE TOWER. A vertical lattice structure, guyed or self-supporting, that is attached to the ground and designed to support antennas.
(d) STAYED MAST. A mast supported by stays or guy wires designed to support antennas.
WIRELESS TELECOMMUNICATIONS. Any wireless services as defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and other similar services that currently exist or that may in the future be developed.
WIRELESS COMMUNICATIONS FACILITY (WCF). Any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array, transmission cables, equipment facilities, and a support structure.
(C) Performance standards. The following performance standards shall be applied to all WCFs.
(1) Antenna arrays. Structure-mounted and roof-mounted antennas and related unmanned equipment may be developed subject to the performance standards below.
(a) An antenna array is permitted by right to co-locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower, water tower, or building, provided that the installation of the new facility does not increase the height of the existing structure by more than 20 feet, to a maximum of 199 feet, subject to the other standards included herein. Such installations shall not require a special use permit but shall require site plan approval by the county and shall be added to the county inventory of wireless facilities. Any increase in height of an existing structure greater than 20 feet shall require a special use permit; however, under no circumstances shall the total height of a structure exceed 199 feet.
(b) Satellite and microwave dishes attached to towers and monopoles shall not exceed six feet in diameter.
(c) Omnidirectional antennas shall be of a material or color which matches the exterior of the building or structure.
(d) Directional or panel antennas shall be of a material or color which matches the exterior of the building or structure.
(e) No commercial advertising shall be allowed on any antenna.
(f) Signals or lights or illumination shall not be permitted on any antenna unless required by the FCC, the Federal Aviation Administration (FAA), or any other state or federal authority.
(2) Support structures. WCF support structures requiring a special use permit shall comply with the performance standards below.
(a) Where technically and reasonably feasible, monopoles will be considered preferable to lattice structures.
(b) New support structures and equipment facilities shall be subject to the site plan review and approval requirements set forth herein. Approval of a site plan is required before a building permit is issued.
(c) Unless otherwise required by the FCC or the FAA, the proposed WCF shall harmonize with development in the vicinity with respect to color, lighting, materials, and architecture. In addition, the facility shall be located within the interior of the property and screened by any existing vegetation to the extent practicable.
(d) New support structures in excess of 150 feet in height shall be designed to accommodate at least three providers, but not so many as to necessitate a very tall, thick tower.
(e) The maximum height of a WCF shall be 199 feet.
(f) Support structures shall be designed to collapse within the lot lines or lease lines, if leased area does not conform to property lot lines, in case of structural failure.
(g) No signals, lights, or illumination shall be permitted on a tower or monopole, unless required by the FCC, the FAA, or other state or federal authorities.
(h) No commercial advertising or signs shall be allowed on a tower, monopole, or associated structures.
(i) No tower or monopole shall be located within a designated historic district.
(j) Applicants for a special use permit for any WCF greater than 100 feet in height shall demonstrate that they have complied with applicable regulations of the FCC and the FAA. A finding by the FAA that the proposed facility is not a hazard or obstruction to aviation shall be a condition for the issuance of any special use permit.
(k) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.
(l) The following setback requirements shall apply to all support structures:
1. Support structures greater than 100 feet in height, with or without breakpoint technology, must be set back from any off-site residential structure no less than 400 feet and set back from any property line a minimum of 150 feet.
2. Guy wires and accessory facilities must be set back a minimum of 25 feet from any property line.
3. Support structures between 50 feet and 100 feet in height which are allowed by right must be set back from any off site residential structure or property line no less than 110% of the height of the structure or 110% of the breakpoint length for a qualifying breakpoint technology structure.
4. Support structures between 50 feet and 100 feet in height which require a minor special use permit must observe the minimum setbacks for the zoning district in which they are located or 100% of the breakpoint distance for a qualifying breakpoint technology structure. If a structure is proposed to be located on a property situated adjacent to a property with a residence, an additional setback may be considered during the special use permit review process.
5. Support structures 50 feet or less in height must be setback from property lines at least 110% of the height of the structure.
6. If lesser setbacks than those stipulated above are desired, a special exception may be sought utilizing the minor special use permit process, including a reduction of the setback to zero when adjoining property owners do not object.
7. In instances where all adjoining property owners give written approval for the installation of a support structure under 100 feet in height, the setback may be reduced to zero without a special use permit.
(m) WCFs greater than 100 feet in height shall be enclosed by security fencing no less than eight feet in height and equipped with an appropriate anti-climbing device. The fence shall have a 24-hour emergency phone number posted. Support structures greater than 50 feet in height shall have anti-climbing shields installed and display industry-standard warning signs along with 24 hour emergency phone numbers.
(n) The following requirements shall govern the landscaping surrounding WCFs.
1. WCFs greater than 100 feet in height shall be landscaped and maintained with a buffer of plant materials that effectively screen the view of the support buildings from adjacent properties. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities.
2. Existing vegetation may be removed only as authorized during the site plan review process to permit construction of the WCF and installation of vehicular and utility access.
(o) Noise generated by the facility shall be limited to 50 DBA above ambient levels except when a back-up generator is needed.
(3) Submission requirements. Applicants for a special use permit under this section shall submit the following information.
(a) Documentation in written and graphic form regarding the service area to be provided by the proposed WCF. This shall include propagation maps demonstrating that the facility, with co-location capabilities, is no higher in elevation than necessary.
(b) A scaled plan, a scaled elevation view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The Zoning Administrator, the Planning Commission, or the Board of Supervisors may require other information to assess compliance with this chapter. Additionally, the applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site.
(c) An engineering report which includes a statement of justification for the proposed site selection. The Zoning Administrator may require a review by a professional licensed engineer of any of the information required above. The costs incurred by Northampton County for such review shall be paid by the applicant.
(d) The applicant must submit a written commitment to the county that they shall allow other wireless carriers to co-locate antennas and other wireless facilities on the proposed facility.
(e) Each applicant for a WCF shall provide to the Department of Planning and Zoning a comprehensive plan of its existing facilities in Northampton County, its anticipated facility needs, and probable future location sites. The Department of Planning and Zoning shall maintain an inventory of wireless facility sites and may share such information with other applicants applying for approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however, that the Department of Planning and Zoning shall not, by sharing information, in any way represent or warrant that such sites are available or suitable.
(4) Applicants shall demonstrate a good-faith effort to co-locate with other service providers. Such demonstration shall include evidence of contact with all other licensed carriers operating in the county and written justification from said carriers and the applicant if co-location is not feasible. In the event that other carriers refuse to respond to the applicant, submittal of certified mail receipts and copies of correspondence shall be considered demonstration of good-faith effort. In determining the feasibility of co-location, the following factors will be considered.
(a) No existing towers or structures are located within the geographic areas required to meet applicant's engineering and coverage requirements.
(b) Existing towers or structures are not of sufficient height to meet applicant's engineering and coverage requirements.
(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antennas and related equipment.
(d) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) The fees, costs, or contractual provision required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable objectively.
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(D) Removal of abandoned WCFs. A bond shall be required to assure removal of an obsolete WCF greater than 50 feet in height. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove the WCF within 90 days of receipt of notice from Northampton County notifying the owner of such removal equipment requirement. REMOVAL is defined as leveling structures to the ground and legally removing the materials from the site. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The site shall be restored to its original condition after removal is complete.
(E) Required yearly report. The owner of each such WCF shall submit a report to the Northampton County Department of Planning and Zoning once a year, no later than July 1. The report shall state the current user status of the tower.
(F) Special use permit review. Each special use permit approved for a WCF shall be reviewed at least every three years. While no additional fees or public hearing shall be required, the applicant shall demonstrate to the satisfaction of the Zoning Administrator that a good faith effort has been made to cooperate with other providers to establish co-location at the tower site. Such cooperation shall include timely responses to co-location inquiries from other providers and sharing of technical information to evaluate the feasibility of establishing co-location. The owner/operator will also be evaluated for compliance over the period with any other terms and conditions of the special use permit.
(G) Provisions for amateur radio antennas. Amateur radio antennas are exempt from the portions of these regulations that pertain to co-location.
(Ord. passed 4-12-2016)