ORDINANCE

A Zoning Ordinance Text Amendment to Section 11-102 to Clarify the Location Requirements for Wireless Facilities

            WHEREAS, on November 8, 2007, the Board of Supervisors initiated this text amendment; and

WHEREAS, on November 29, 2007, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and  

            WHEREAS, on December 13, 2007, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

            WHEREAS, adoption of the attached amendment to Section 11-102 supports good zoning practices, convenience, and the general welfare; now, therefore, be it           

            ORDAINED by the Fauquier County Board of Supervisors this 13th day of December 2007, That Section 11-102  be, and is hereby, amended as follows:

11-102             Telecommunications Use And/Or Structures.

2.         Personal Wireless Facilities. These facilities are allowed in all zoning district categories by right, subject to meeting the following performance criteria. For purposes of this section, the term “wildlife management area” shall mean the Chester Phelps Wildlife Management Area and the G. Richard Thompson Wildlife Management Area, or any other geographical area within the County designated by the Commonwealth of Virginia as a wildlife management area.  The terms “woodland” and “wooded areas” shall mean growth of deciduous or conifer trees at a minimum density of 80 wooden stems per acre of trees that measure at least four inches in diameter breast high (DBH) or four and one half feet.  The applicant shall file a site plan with supporting documentation adequate to demonstrate that the following standards have been met:

a.         Location. Any new personal wireless facility shall be located in areas that are:

(1)        1,000 feet or more from an adjoining property’s existing residential unit;  or  100 feet from the public highway, street or road, measured from the right-of-way line as shown within a State Highway Plat Book, subdivision plat, or 15 feet from the centerline of a prescriptive right-of-way, when the facility is centered and surrounded by preserved woodland with a minimum radius depth of 100 feet; and

(2)        300 feet or more from an adjoining property’s existing residential unit, when the facility is centered and surrounded by preserved woodland with a minimum radius depth of 100 feet;  5,000 feet from a Federal, State or County park or wildlife management area:  and

(3)        100 feet from the public highway, street or road, when the facility is centered and surrounded by preserved woodland with a minimum radius depth of 100 feet;  either (i) 1,000 feet or more from an adjoining property’s existing residential unit or (ii) 300 feet or more from an adjoining property’s existing residential unit, when the facility is centered and surrounded by preserved woodland with a minimum radius depth of 100 feet; and

(4)        5,000 feet from a federal, state or county park or wildlife management area.  For purposes of this section, the term “wildlife management area” shall mean the Chester Phelps Wildlife Management Area and the G. Richard Thompson Wildlife Management Area, or any other geographical area within the county designated by the Commonwealth of Virginia as a wildlife management area;  or not along ridgelines, but downslope from the top of ridgelines, to protect views of the County mountains.

(5)        If the site is located on On a County, Fauquier County Water and Sanitation Authority or fire and rescue company site:

            (i)         the personal wireless facility shall not interfere with any signal from existing equipment of the primary user;  and

            (ii)        the site shall comply with § 11-102.2.a (4) above; and

            (iii)       the setback provisions of this Ordinance shall not apply.

(6)        Poles shall not be located along ridgelines, but downslope from the top of ridgelines, to protect views of the County mountains.

3.         Transmission Towers.

            b.         General Performance Criteria:

(14)      When locating on Fauquier County Water and Sanitation Authority, or fire and/or rescue company site:  1) the telecommunication equipment shall not interfere with the existing equipment of the primary use;  and 2) the setback provisions of Section 11-102.2.b(6) 11-102.2.a (1) through (3) shall not apply.

c.         Additional Submission Requirements.

(3)        More specifically, a sight line presentation must be presented.  A sight line shall be drawn from the three closest residential units included in the vicinity plan to the highest visible point on the personal wireless facility.  If there are no residential units in the mandatory setback distance, reference 11-102.2a (1) and (b), 11-102.2.a (3), the public rights-of-way will be used.

 

 

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