                                 CODE OF VIRGINIA

APPLICATION REVIEWS (§ 15.2-2316.4:2)

A. In its receiving, consideration, and processing of a complete application
submitted under subsection A of § 15.2-2316.4:1 or for any zoning approval
required for a standard process project, a locality shall not:

   1. Disapprove an application on the basis of:
   				a. The applicant&#8217;s business decision with respect to its designed
   service, customer demand for service, or quality of its service to or from a
   particular site;
   				b. The applicant&#8217;s specific need for the project, including the
   applicant&#8217;s desire to provide additional wireless coverage or capacity;
   or
   				c. The wireless facility technology selected by the applicant for use at
   the project;

   2. Require an applicant to provide proprietary, confidential, or other
   business information to justify the need for the project, including
   propagation maps and telecommunications traffic studies, or information
   reviewed by a federal agency as part of the approval process for the same
   structure and wireless facility, provided that a locality may require an
   applicant to provide a copy of any approval granted by a federal agency,
   including conditions imposed by that agency;

   3. Require the removal of existing wireless support structures or wireless
   facilities, wherever located, as a condition for approval of an application. A
   locality may adopt reasonable rules with respect to the removal of abandoned
   wireless support structures or wireless facilities;

   4. Impose surety requirements, including bonds, escrow deposits, letters of
   credit, or any other types of financial surety, to ensure that abandoned or
   unused wireless facilities can be removed, unless the locality imposes similar
   requirements on other permits for other types of similar commercial
   development. Any such instrument shall not exceed a reasonable estimate of the
   direct cost of the removal of the wireless facilities;

   5. Discriminate or create a preference on the basis of the ownership,
   including ownership by the locality, of any property, structure, base station,
   or wireless support structure, when promulgating rules or procedures for
   siting wireless facilities or for evaluating applications;

   6. Impose any unreasonable requirements or obligations regarding the
   presentation or appearance of a project, including unreasonable requirements
   relating to (i) the kinds of materials used or (ii) the arranging, screening,
   or landscaping of wireless facilities or wireless structures;

   7. Impose any requirement that an applicant purchase, subscribe to, use, or
   employ facilities, networks, or services owned, provided, or operated by a
   locality, in whole or in part, or by any entity in which a locality has a
   competitive, economic, financial, governance, or other interest;

   8. Condition or require the approval of an application solely on the basis of
   the applicant&#8217;s agreement to allow any wireless facilities provided or
   operated, in whole or in part, by a locality or by any other entity, to be
   placed at or co-located with the applicant&#8217;s project;

   9. Impose a setback or fall zone requirement for a project that is larger than
   a setback or fall zone area that is imposed on other types of similar
   structures of a similar size, including utility poles;

   10. Limit the duration of the approval of an application, except a locality
   may require that construction of the approved project shall commence within
   two years of final approval and be diligently pursued to completion; or

   11. Require an applicant to perform services unrelated to the project
   described in the application, including restoration work on any surface not
   disturbed by the applicant&#8217;s project.

B. Nothing in this article shall prohibit a locality from disapproving an
application submitted under subsection A of § 15.2-2316.4:1 or for any zoning
approval required for a standard process project:

   1. On the basis of the fact that the proposed height of any wireless support
   structure, wireless facility, or wireless support structure with attached
   wireless facilities exceeds 50 feet above ground level, provided that the
   locality follows a local ordinance or regulation that does not unreasonably
   discriminate between the applicant and other wireless services providers,
   wireless infrastructure providers, providers of telecommunications services,
   and other providers of functionally equivalent services; or

   2. That proposes to locate a new structure, or to co-locate a wireless
   facility, in an area where all cable and public utility facilities are
   required to be placed underground by a date certain or encouraged to be
   undergrounded as part of a transportation improvement project or rezoning
   proceeding as set forth in objectives contained in a comprehensive plan, if:
   				a. The undergrounding requirement or comprehensive plan objective existed
   at least three months prior to the submission of the application;
   				b. The locality allows the co-location of wireless facilities on existing
   utility poles, government-owned structures with the government&#8217;s
   consent, existing wireless support structures, or a building within that area;
   				c. The locality allows the replacement of existing utility poles and
   wireless support structures with poles or support structures of the same size
   or smaller within that area; and
   				d. The disapproval of the application does not unreasonably discriminate
   between the applicant and other wireless services providers, wireless
   infrastructure providers, providers of telecommunications services, and other
   providers of functionally equivalent services.
   				The locality may also disapprove an application if the applicant has not
   given written notice to adjacent landowners at least 15 days before it applies
   to locate a new structure in the area.

C. Nothing in this article 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 a
new structure or facility.

D. Nothing in this article shall prohibit a locality from disapproving an
application submitted under a standard process project on the basis of the
availability of existing wireless support structures within a reasonable
distance that could be used for co-location at reasonable terms and conditions
without imposing technical limitations on the applicant.

HISTORY: 2018, cc. 835, 844; 2020, c. 344.