Sec. 98-873(n)

All towers and other structures shall meet all safety requirements of all applicable building codes.

Verifiable evidence of the lack of antenna space on existing communication towers, buildings or other structures within the county and within two miles of the county boundary (the co-locations), and/or evidence of that the available co-locations as a whole will not provide adequate telecommunications service to the proposed service area. Such evidence shall include propagation studies and an affidavit executed by a radio frequency engineer stating that in its professional opinion the available co-locations are inadequate or otherwise unsuitable for the provision of telecommunications service to the proposed service area.

No communication equipment shall be installed which will in any way interfere with the county emergency communications system. Should any equipment associated with such facility be found by the county to have such an impact, the owner shall be responsible for the elimination of the interference within 24 hours of receipt of notice from the director of public safety or designee.

An engineering report, certifying that the proposed tower is compatible for a minimum of four users, must be submitted by the applicant. This requirement shall not apply to facilities that are constructed to be camouflaged and which in fact harmonize with the existing landscape, structures, and views. The applicant shall also permit collocation by additional users without requiring any form of reciprocal location agreement from subsequent users.

The entrance to the subject property shall be constructed in accordance with Virginia Department of Transportation standards for commercial entrances.

A buffer of evergreen screening (trees or hedging) shall be provided around the entire facility to screen the base of the tower, the controller cabinets and other ground-mounted equipment with the exception of any associated office building. The buffer may be waived or modified by the zoning administrator for sites where sufficient vegetation exists around the tower site that will be protected and preserved during the construction process or where the tower location is sufficiently distant from public roads as to make screening less necessary or unnecessary.

Documentary evidence of compliance with all National Environmental Protection Act (NEPA), Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements shall be submitted by the applicant. No zoning certificate for any radio, television, or microwave towers shall be issued until the applicant provides evidence that the FAA has granted a permit for said tower or that no permit is required.

A section of fence at least six feet in height with barbed wire protruding outward shall be provided completely around the base of the tower and any associated equipment.

Documentation must be submitted to the county establishing clear legal rights to access to tower site from deeded easements and right of ways including rights to ingress and egress over private roads.

The facility shall not interfere with the radio, television or communications reception of nearby property owners in residence at the time of construction. The applicant shall take steps to successfully eliminate any such interference.

A site plan of the proposed facility must be submitted to and approved by the zoning administrator. As part of the site plan submittal, the applicant must provide the county with detailed information regarding the proposed facility's location, latitude and longitude, and service area.

If at any time the owner of the subject property ceases to use or to diligently pursue continuation of the use of the tower, the owner shall dismantle and remove it within six months after ceasing to use it. The posting of surety by the applicant in an amount sufficient to cover the cost of dismantling shall be required, and the surety shall be submitted to the county prior to the issuance of the building use permit.

A tower structure shall not be located within 750 feet of an existing residential structure unless the board finds that: (1) topographical or similar physical conditions existing on the property make such a set back an undue hardship or (2) the reduction in the set back will not adversely impact the peaceful enjoyment and use of the residential structure by its occupants. Any such reduction in the distance permitted by the board shall not result in a tower structure being erected at a distance nearer than 125 percent of the tower height to any dwelling unit and shall be buffered from view from that dwelling unit. These distance separation requirements shall not apply to the subsequent construction of a dwelling unit after the tower has been erected.

A communication tower structure shall be set back from any property line a distance equal to 120 percent of the tower height. This setback shall not be required when such tower location is abutting or within the VDOT right-of-way of an Interstate highway.