Acreage: Total acreage, /- Area to be considered, 10,000+/- square feet disturbed area

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1 CUP 2016:09 Irene Diggs, owner Apex Tower Company, applicant Application Request: Conditional Use Permit for telecommunications tower IDENTIFICATION AND LOCATION INFORMATION Comprehensive Plan designation: Zoning designation: Agricultural/Forest/Open Space/Rural Residential A-1, Agricultural Acreage: Total acreage, /- Area to be considered, 10,000+/- square feet disturbed area Current Use: Agriculture Tax Map No.: portion of TP 22-26B Location: Proposed tower is located near Ivor Road on the west side of Ivor Road (SR 616) at its intersection with Cottage Hill Road (SR 641). Magisterial District: Voting District: Adjacent Zoning: Adjacent Land Use: Berlin-Ivor Berlin-Ivor North: A-1, Agricultural South: A-1 East: A-1 West: A-1 North: Agriculture, forestry South: Agriculture, forestry East: Agriculture, scattered single family residences West: Agriculture, forestry PROJECT ANALYSIS Overview The applicant is seeking a Conditional Use Permit to construct a new 199 self-support communications tower and associated equipment to provide enhanced wireless service in the Berlin-Ivor area. The A-1, Agricultural zoning district permits the following: (46.1) Wireless communication facilities per section of this chapter. The Supplementary Regulations portion of the Municipal Code (above-referenced Sec ) provides the following:

2 Conditional use permit review process. Applications requiring a conditional use permit require approval by the board of supervisors in order to permit construction. The following information shall be supplied as a minimum requirement for application requiring a conditional use permit: (1) Scaled drawings, signed and sealed, showing the location and dimensions of all improvements. (2) Photographs from a minimum of five (5) points surrounding the site. (3) A statement from an electrical engineer attesting that the cumulative effect of all existing and proposed antennas will not result in a ground level exposure of non-ionizing electromagnetic radiation (NIER) that exceeds the lowest applicable exposure standards established by the FCC. (4) An inventory of the existing facilities owned and/or operated by the applicant and other entities associated with the application that are located within the jurisdiction of Southampton County or within five (5) miles of the border thereof. (5) A radio frequency technician's statement that specifically describes the coverage area objective, the "hand-off" sites, equipment specifications, methodology, assumptions, constraints and other factors used in the design. (6) Evidence demonstrating the inadequacy or unavailability of other structures within a three-mile radius of the proposed site. (7) An engineering report describing the structure height, design, and capacity of the proposed antenna support structure. (8) A statement regarding applicant s co-location policy. (9) FAA Air Navigation Hazard Determination report. (10) FCC Environmental Compliance report identifying the impact on environmental resources in accordance with the National Environmental Policy Act of 1969 (NEPA). (11) Report describing the impact on historic resources prepared in accordance with Section 106 of the National Historic Preservation Act of 1966 (NHPA). (12) FCC license for each wireless service provider associated with the application. (13) A report prepared by a structural engineer certifying that the proposed structure is capable of supporting similar users, including the primary user. Sec continues with the following requirements: General standards. The following general standards shall apply to all applications proposing wireless telecommunication facilities: (1) The maximum height above ground level (AGL) of a proposed wireless telecommunications facility support structure shall be determined through the conditional use permit process.

3 (2) The following setback requirements shall apply: a. All antenna support structures must be setback two hundred (200) percent of the height of the structure from the nearest residential structure, and in no case less than four hundred (400) feet. b. All antenna support structures shall be setback one hundred ten (110) percent of the height of the structure from all property lines. c. All wireless telecommunication facilities must satisfy the minimum zoning district setback requirements for primary structures. (3) Speculative structures are not permitted. (4) All antenna support structures shall be enclosed by security fencing not less than six (6) feet in height in height, equipped with anti-climbing device. (5) The following requirements shall govern the landscaping surrounding wireless telecommunications facilities: a. Any combination of vegetative buffers, landscaped berms or preservation of existing vegetation shall be provided around the perimeter of the site. b. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. c. All trees shall be preserved and protected except where clearing is required. d. The facility owner is responsible for maintaining all plant material in a healthy condition. (6) The treatment, color and lighting system for wireless telecommunication facilities shall be as follows: a. Antenna support structures shall either maintain a galvanized steel finish, or subject to any applicable standards of the FAA and be painted a neutral color. Antennas shall be a neutral, non-reflective color with no logos. b. The design of the buildings and related structures shall to the extent possible use materials, colors, textures and screening that will blend the wireless telecommunication facility with the natural setting and the built environment. c. Antenna support structures shall not be artificially lighted unless required by the FAA or other applicable authority. (7) Commercial advertising is not permitted on any component of the wireless telecommunication facility. (8) Wireless telecommunication facilities shall not interfere with the county's public safety radio system or systems operated in other jurisdictions. (9) All wireless telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate their operation. (10) At such time that any component of the wireless telecommunication facility ceases to be operated for a continuous period of twelve (12) months, it shall be considered abandoned, and the owner of such facility shall

4 remove same within ninety (90) days of receipt of notice from the department of planning of the removal requirement. (11) The owner of each antenna support structure shall have a safety inspection conducted annually by a registered professional engineer licensed by the Commonwealth of Virginia. (12) Any additional costs relating to additional reviews, errors, omissions, discrepancies, delays or extensions as the result of actions or requests by the applicant, shall be reimbursed by the applicant. (13) The owner of the antenna support structure shall provide the name and address of a contact person during the approval process and shall notify the department of planning in writing of any changes. (g) Technical review/fees. Applications for all wireless telecommunication facilities shall require a technical review that will be conducted by consultant selected by the county. The following is provided: Tower height including the lightening rod will be 199. The tower will allow room for future co-location of additional wireless carriers on the same site. The applicant proposes an equipment shelter and other associated equipment. The required fencing will be included, as per the report. Landscaping will be installed around the equipment site as required. As the proposed landscaping is made up of Leyland Cypress trees, an alternate that has a longer lifespan should be considered. The closest residence is over 415 from the proposed tower. The tower is over 615 from the nearest property line. The sites are visited regularly by operations technicians with attention paid to keeping the sites debris and weed free. County communication equipment may be placed on the tower at no charge to the County. The required review by the County s consultant was performed and is attached. RECOMMENDATION OF CONSULTANT From Page 2 of Consultant report The consultant believes that this Application conforms with all Federal, State, and County regulations regarding the construction of telecommunications support structures, represents a sound design, and should therefore be granted approval by way of issuance of the requested conditional use permit. Page 14 of the consultant report provides the following: In the last 2+ years there has been several towers that have been reviewed and approved by the Board of Supervisors. SBA Communications Inc., agent for Verizon in the Sedley area has engineered and had their tower approved in This tower is

5 within approximately 1 mile of the new proposed Apex tower. The tower Apex is proposing would be redundant to the previously approved SBA tower. Verizon being the anchor tenant for the approved SBA tower has delayed their deployment for their network upgrade. While Verizon could collocate on the SBA tower, they could also collocate on the Apex tower. Simply put, these towers are redundant to themselves. I would recommend that Apex contact Verizon and discuss the possibility of Verizon coming to Apex vs SBA since none of the SBA towers have been built as of this date. Staff has contacted the attorney that represented Verizon during the Conditional Use Permit application process seeking to learn when the tower on Millfield Road is planned for construction. The attorney will try to find a timeline for construction. COMMUNITY COMMENTS No comments were received. CONCLUSION Strengths of application: More wide-spread and/or better wireless coverage is a concern throughout the County and any new facilities will make a positive contribution to the residents. The County s consultant recommends approval of the application should the issue of redundancy be resolved. Weaknesses of application: None noted unless the redundancy issued cannot be resolved. SUPPORT INFORMATION AND ATTACHMENTS 1) Staff report 2) Consultant report 3) Application and submitted materials 4) Soils map 5) Adjacent property owner notification