Overview

The Chapter 9 Addendum of the Comprehensive Plan, Commercial Wireless Telecommunications Facilities, establishes a goal of promoting the development of a high quality wireless telecommunications network in a manner that protects the County's visual landscape and natural and historic resources, as well as ensures the safety and welfare of surrounding properties. Article 11 of the Fauquier County Zoning Ordinance includes a tiered approach with varying approval processes based on the County's hierarchy of preferences for new wireless facilities. Certain tiers require Special Exception approval or Board Waiver approval.

Special Exception applications in Fauquier County go through a two-step public hearing process. The first public hearing is before the Planning Commission, which makes an advisory recommendation to the Board of Supervisors. The second public hearing is held by the Board of Supervisors, which makes the decision on whether the Special Exception application is approved (with or without conditions), denied, or deferred for further consideration. For a brief summary please see our Special Exception Brochure.

Additionally, the Board of Supervisors adopted defined targeted geographic service areas in an effort to bring wireless services to underserved areas more quickly. Tier 3, 4 and 5 proposals within these mapped geographic areas could be afforded a streamlined process through a Board Waiver application. Waiver applications for wireless telecommunications facilities are required to go through a public hearing held by the Board of Supervisors. A telecommunications Waiver application does not require a public hearing held by the Planning Commission, thereby abbreviating the review process. 

Application materials are dictated according to Section 11-404 of the Zoning Ordinance and the proposed facility Tier (see submission requirements list below). The Department of Community Development or the Board of Supervisors may request submission of additional information as necessary to demonstrate that approval of an application will not impact the health, safety and welfare of the community.

Contact Community Development staff, at 540-422-8200, to discuss the proposed project and determine the appropriate approval type and submission requirements.

Special Exception and Waiver Processes

1. Pre-Application Meeting

• All applications involving a Special Exception or Waiver from the Board of Supervisors are required to have a Pre-Application Meeting. This requirement may be waived by the Department of Community Development if it may be demonstrated that the objectives of the Pre-Application Meeting have already been met. 
• The Pre-Application Meeting will allow staff and outside review agencies to provide initial guidance to the Applicant(s) regarding the project, and outline the regulatory/approval process(es) applicable to the proposed development.
• Please contact the Planning Division at 540-422-8200 to schedule a Pre-submission Meeting. The Applicant is responsible for submitting the Pre-Application Meeting Form, a plat, Illustrative/Concept Development Plan for the proposed use and any other pertinent information such as Special Exception, Rezoning or Comprehensive Plan Approval (Conditions, Proffers, etc.) to the meeting. NOTE: A Pre-Application Meeting may not be required for Special Exception Amendments.

2.  Formal Application and Meeting with Architectural Review Board

• Once the Pre-Application meeting is held, a formal Special Exception or Waiver application may be filed.  The Special Exception application must be filed no later than 60 calendar days prior to the Planning Commission meeting. The Planning Commission meets the 3rd Thursday of each month in the Warren Green Building at 10 Hotel Street, Warrenton, Virginia, 20186. Filing deadlines can be found on the Planning Commission page. A Waiver application must be filed no later than 60 calendar days prior to the Board of Supervisors meeting. The Board meets the 2nd Thursday of each month in the Warren Green Building.

• Per Section 11-203.1 of the Zoning Ordinance, if a Tier 3, 4 or 5 telecommunications facility is proposed within 0.5 miles of a property listed in the National Register of Historic Places, or on or adjacent to a battlefield “study area,” as defined and mapped by the American Battlefields Protection Program, or located within 0.5 miles of a designated National or Virginia Scenic Byway, the application must be submitted to the Fauquier County Architectural Review Board (ARB) for review. This review takes place concurrently with the review of the formal application. The ARB review process is outlined in Section 11-405 of the Zoning Ordinance. The ARB meets the 1st Wednesday of every month in the Warren Green Building. Contact the Preservation Planner for more information regarding a specific ARB meeting date at 540-422-8210.

Telecommunications Special Exception/Waiver Application Submission Requirements:

• All delinquent real-estate taxes and other liens must be paid in full prior to the issuance/approval or legislative action.
• Land Development Application with original signatures (According to Section 11-404.2, an application must include a licensed carrier as an Applicant or Co-Applicant)
• Fee - $1,100 (includes technology fee) for Board Waivers OR $3,300 (includes technology fee) for Special Exception 
• Telecommunications Special Exception Checklist signed
• Conflict of Interest Statement signed by each applicant
• 10 copies of Statement of Justification - The main purpose of the Statement of Justification is to document project compliance and justify the reason(s) for the project not meeting the requirements of the Zoning Ordinance. The Statement of Justification should address project compliance with applicable provisions of the Zoning Ordinance in Section 5-006 (for Special Exceptions) and Section 11-300, Facility Standards (all applications). 
• 10 copies of Special Exception/Waiver Plat (folded, see Section 11-404 for specific details to include)
• 10, 11"x17" reductions of Special Exception/Waiver Plat
• For Tier 4 & 5 monopole facilities in wooded areas, tree poles, fire towers and any facility where existing trees are proposed to be utilized to meet screening requirements, a listing of the caliper and species of all trees over four (4) inches in diameter where the dripline is located within 100 feet of the proposed facility; the height, caliper and species of any existing tree the Applicant is relying on to provide screening of the facility; and the caliper and species of all trees that will be adversely impacted or removed during installation or maintenance of the facility, regardless of the distance from the facility (this material may be added to the Plat)
• Screening plans for equipment, including landscaping buffer (this material may be added to the Plat)
• A list and analysis of the lower Tier options considered, demonstrating why these options, or some combinations of these options, cannot be utilized to meet the service objective (analysis may include service coverage maps)
• A written statement agreeing to "good engineering practices" as defined by the FCC and compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth, limitations, etc. (see Section 11-404.6)
• Results of a balloon test conducted per Section 11-307.F of the Zoning Ordinance (Tier 4 & 5 facilities)
• Photos and photo simulations displaying before and after images of the proposed tower from vantage points identified by staff during the Pre-Application Meeting
• Flash drive containing clear copies of individual PDFs of all submission materials. - Do not include any financial information (i.e., copy of checks or the fee calculation sheet).

Note: Contact the project manager (540-422-8200) identified during the Pre-Application meeting if you have questions regarding submission requirements.

3. Planning Commission Public Hearing (Special Exception Applications)

• After an application has been accepted, it will be reviewed by various County and State agencies.  Staff will send letters to adjoining property owners notifying them of the Planning Commission meeting. The applicant is required to post notice signs (prepared by staff) on the property at least 15 days prior to the Planning Commission hearing date, and then to provide an affidavit to staff showing that the posting was done at the required time. The completed affidavit shall be filed with the Department of Community Development within three days after posting of the property.
• Staff will prepare a report on the application. This staff report will be provided to the Planning Commission, with a copy to the applicant in advance of the meeting. Copies of the report will also be available to the public and online at the county's Agenda Page
• The day of the Planning Commission meeting, an earlier work session is typically held, and applicants are encouraged to attend.
• The Planning Commission holds its public hearing in the evening, starting at 6:30 p.m. The applicant and public will have the opportunity to speak at the hearing. After the public hearing is held, the Planning Commission can recommend approval, recommend denial, or defer the item for further consideration. If the PC defers the item, it will be brought back at a future meeting date for action.

4. Board of Supervisors Public Hearing (Special Exception and Waiver Applications)

• For Special Exception applications, once the Planning Commission makes its recommendation, the item moves forward for the Board of Supervisors' consideration. For Waiver applications, the application goes directly to the Board of Supervisors for consideration. The Board of Supervisors meets the 2nd Thursday of each month. Typically a case acted upon by the Planning Commission goes to the Board of Supervisors the next month.
• Prior to the meeting date, notices are sent to adjoining property owners notifying them of the Board of Supervisors meeting and posting is required. The applicant is required to post notice signs (prepared by staff) on the property at least 15 days prior to the Board of Supervisors hearing date, and then to provide an affidavit to staff showing that the posting was done at the required time. The completed affidavit shall be filed with the Department of Community Development within three days after posting of the property.
• Staff will prepare an updated report for the Board of Supervisors. After the public hearing, the Board of Supervisors can approve the application, deny the application, or defer the item for further consideration.
• After the Board of Supervisors takes its final action, if approved, the applicant will receive an approval letter from staff regarding the Special Exception.  Site plans and building permits are required for any new construction.