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§ 153.05 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANTENNA. A conductor, usually located at the top of a wireless communication tower, by which electromagnetic waves are transmitted and/or received.
   BOARD OF COMMISSIONERS. The County Board of Commissioners.
   EXISTING COMMUNICATION TOWER. Any communication tower existing or permitted in the county, that was placed, built, erected or permitted before 3-5-2001; the date of the county moratorium on communication tower construction.
   EXISTING VEGETATIVE CANOPY. The existing vegetative plants, trees or shrubs at the site-specific location which is within a 100-foot radius from the proposed communication tower's base, that will provide natural camouflage, concealment or otherwise "hide" the communication tower after its construction. This VEGETATIVE CANOPY shall also be used to determine the allowable combined height of the proposed communication tower.
   FALL ZONE. An area around the base of a telecommunication tower required to be kept clear of buildings, other than equipment enclosures associated with the wireless telecommunication facility, to contain debris in the event of a tower structure failure.
   MAJOR MOUNTAIN RIDGE. A major mountain ridge is any ridge that is 3,000 feet or greater in elevation or an elevation 500 feet or greater above the adjacent valley floor.
   ORDINANCE ADMINISTRATOR. The County Planner or other person designated by the Board of Commissioners to oversee and administer this chapter.
   RIDGE. The elongated crest or series of crest at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain, and includes all land within 100 feet below the elevation of any portion of the line or surface along the crest.
   SETBACK. The required distance between the wireless communication tower and the property line or right-of-way line to allow for a fall zone.
   STEALTH TECHNOLOGY. Human-made trees, steeples, silos, light poles and other similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers of wireless communication facilities.
   TOWER HEIGHT. The vertical distance measured from the natural lay of the land or ground to the upper most point of a freestanding or guyed telecommunication tower to include any antenna, beacon, light or other structure(s) attached to the communication tower.
   TOWER SITE. The real property which an applicant(s) is required to have ownership or leasehold of, interest in, easement over or any combination of the aforementioned to locate a communication tower and any approved auxiliary buildings.
   VIEWSHED. An unobstructed sight of, or the range of one's sight while traveling, visiting, driving, boating or otherwise using the natural or human-made resources of the Blue Ridge Parkway, Stone Mountain State Park, the New River or the New River State Park. For the purposes of this chapter, the maximum VIEWSHED distance is one mile from the outer most boundaries.
   WIRELESS COMMUNICATION FACILITY. Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility and a support structure to achieve the necessary elevation.
   WIRELESS COMMUNICATION TOWER. Any tower or structure, natural or human-made, existing or erected, for the purpose of supporting; including, but not limited to, one or more antennas designed to transmit and/or receive television, AM/FM radio, digital, microwave, cellular, analog telephone, mobile radio, paging or any similar forms of electric communication.
(Ord. passed - -)
§ 153.06 DEVELOPMENT APPLICATION AND SITE PLAN REVIEW.
   (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
§ 153.07 SPECIAL USE PERMIT REVIEW PROCESS.
   (A)   General. Upon receipt of a completed application for a wireless communication tower special use permit, the County Planner will have 60 days to review the content of the application and prepare a written recommendation regarding the application to the County Board of Commissioners. A copy of the recommendation will be mailed to the applicant prior to Board of Commissioner's review. The permit application will be placed on the Board of Commissioner's agenda within 21 days after completion of the County Planner's written recommendation. At the discretion of the County Planner, experts may be contracted to assist with the review at an expense passed on to the applicant not to exceed $5,000. The applicant will be notified in writing within seven days after the Board of Commissioner's decision regarding its application.
   (B)   Balloon testing. The applicant may be required to provide balloon testing with photographic evidence during the application process. The County Planner or representative must be present during the balloon test.
   (C)   Collocation. Additional users' equipment, which does not add to the tower height, may be added without approval from the respective review board(s). No application or fee is required. All appropriate building permits pertain.
(Ord. passed - -)
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