                                 CODE OF VIRGINIA

ZONING; SMALL CELL FACILITIES (§ 15.2-2316.4)

A. A locality shall not require that a special exception, special use permit, or
variance be obtained for any small cell facility installed by a wireless
services provider or wireless infrastructure provider on an existing structure,
provided that the wireless services provider or wireless infrastructure provider
(i) has permission from the owner of the structure to co-locate equipment on
that structure and (ii) notifies the locality in which the permitting process
occurs.

B. Localities may require administrative review for the issuance of any required
zoning permits for the installation of a small cell facility by a wireless
services provider or wireless infrastructure provider on an existing structure.
Localities shall permit an applicant to submit up to 35 permit requests on a
single application. In addition:

   1. A locality shall approve or disapprove the application within 60 days of
   receipt of the complete application. Within 10 days after receipt of an
   application and a valid electronic mail address for the applicant, the
   locality shall notify the applicant by electronic mail whether the application
   is incomplete and specify any missing information; otherwise, the application
   shall be deemed complete. Any disapproval of the application shall be in
   writing and accompanied by an explanation for the disapproval. The 60-day
   period may be extended by the locality in writing for a period not to exceed
   an additional 30 days. The application shall be deemed approved if the
   locality fails to act within the initial 60 days or an extended 30-day period.

   2. A locality may prescribe and charge a reasonable fee for processing the
   application not to exceed:
   				a. $100 each for up to five small cell facilities on a permit application;
   and
   				b. $50 for each additional small cell facility on a permit application.

   3. Approval for a permit shall not be unreasonably conditioned, withheld, or
   delayed.

   4. The locality may disapprove a proposed location or installation of a small
   cell facility only for the following reasons:
   				a. Material potential interference with other pre-existing communications
   facilities or with future communications facilities that have already been
   designed and planned for a specific location or that have been reserved for
   future public safety communications facilities;
   				b. The public safety or other critical public service needs;
   				c. Only in the case of an installation on or in publicly owned or publicly
   controlled property, excluding privately owned structures where the applicant
   has an agreement for attachment to the structure, aesthetic impact or the
   absence of all required approvals from all departments, authorities, and
   agencies with jurisdiction over such property; or
   				d. Conflict with an applicable local ordinance adopted pursuant to &#xA7;
   15.2-2306, or pursuant to local charter on a historic property that is not
   eligible for the review process established under 54 U.S.C. &#xA7; 306108.

   5. Nothing shall prohibit an applicant from voluntarily submitting, and the
   locality from accepting, any conditions that otherwise address potential
   visual or aesthetic effects resulting from the placement of small cell
   facilities.

   6. Nothing in this section shall preclude a locality from adopting reasonable
   rules with respect to the removal of abandoned wireless support structures or
   wireless facilities.

C. Notwithstanding anything to the contrary in this section, the installation,
placement, maintenance, or replacement of micro-wireless facilities that are
suspended on cables or lines that are strung between existing utility poles in
compliance with national safety codes shall be exempt from locality-imposed
permitting requirements and fees.

HISTORY: 2017, c. 835.