(A) Special use permit required. It shall be unlawful for any person to place, construct or modify any wireless telecommunication facility within the jurisdiction of this chapter without first obtaining a wireless telecommunication facility special use permit. Facilities requiring permit include any residential tower greater than 40 feet in height or any commercial tower greater than 40 feet in height. Should any tower or antenna be on or fixed to, or otherwise off the ground, such as attached to a pole, building or tree, the structure's height shall be added to the tower's height and if the combined height exceeds 40 feet, a permit is required. Any commercial tower less than 40 feet in height shall be registered with the County Planning Office. All appropriate building permits pertain, despite tower height. At a minimum, the following information shall accompany a request for a wireless telecommunication facility special use permit:
(1) The name, form of entity (individual, corporation and the like), address, telephone and facsimile machine number for the applicant;
(2) Identification of all possible alternatives considered within the service area for the proposed tower and an explanation why existing towers or structures cannot accommodate the proposed antennas;
(3) If different, the name, address, telephone and facsimile machine number of the owner of the property on which the wireless communication facility is to be located, constructed, installed or modified;
(4) Copy of deed showing ownership of property, book and page number that the deed is recorded with the County Register of Deeds;
(5) Copy of any written instrument (lease, sublease, memorandum and the like) by which the applicant has secured the property owner's permission to use the property for a wireless communication facility;
(6) Full sheet(s) of the County Tax Map showing the development property and its boundaries;
(7) Copy of any recorded easements necessary to reach the tower site. Any easement shall not be less than 20 feet in width, with a road base not less than ten feet in width;
(8) The names and addresses of adjoining property owners;
(9) The location of existing streets, buildings, transmission lines, sewer, bridges, culverts, drainpipes and easements, to the extent that these may be ascertained from a field inspection of the property;
(10) Name of the fire district serving the property;
(11) The general geographic information about the site including topography, proximity to surface waters, susceptibility to flooding, soil characteristics and other characteristics which might impose restrictions on the development of the site;
(12) Boundary survey. The applicant shall have prepared, by a registered land surveyor, a boundary survey, which shall meet all requirements for recordation in the office of the Register of Deeds;
(13) Detailed development plans. A detailed development plan not less than 18 inches by 24 inches drawn at a scale of sufficient size to accurately and clearly show all required information with a certifying signature, seal and date of a state registered professional engineer;
(14) If applicable, a sedimentation control plan approved by the State Department of Environmental and Natural Resources;
(15) Certification from the designing state registered professional engineer regarding the proposed towers' ability to accommodate antennas from other wireless communication providers; and
(16) Documentation of contact from the Blue Ridge Parkway (BRP) Community Planner. If the tower site is within the viewshed of the BRP, written documentation referencing the consultation from the BRP Community Planner about the location, size and type of the proposed tower shall be included with the review package. The BRP Community Planner has 60 days to respond to the applicant's request for consultation.
(B) Applicant's burden. The applicant for a wireless communication tower shall bear the burden of demonstrating by substantial evidence in a written record that a bona fide need exists for the proposed tower and that no reasonable combination of locations, techniques or technologies will obviate the need for, or mitigate the height or visual impact of, the proposed telecommunications tower.
(C) Permit expiration. A wireless telecommunication facility special use permit issued pursuant to this chapter expires six months after the date of issuance if the work authorized has not commenced. If after commencement, the work is discontinued for a period of 12 months, the permit therefor immediately expires. No work authorized by a permit that has expired may thereafter be performed until a new permit has been secured.
(D) Application fee. A non-refundable application fee payment of $500 shall accompany each wireless communication tower special use permit request.
(Ord. passed - -) Penalty, see § 153.99