Lunenburg County Planning Commission unanimously recommends wireless-telecom rule changes to Board of Supervisors

The Lunenburg County Planning Commission voted unanimously Aug. 3 to recommend that the Board of Supervisors approve revisions to the county's Wireless Telecommunications Facilities ordinance after Assistant County Attorney Drew DiStanislao outlined substantive changes to how applications will be handled.

The revisions add a definition of "Substantial Change" (described in the draft as a 20-foot increase in height or an expansion of 30% beyond the compound), clarify co-location rules including the county's right of first refusal, and spell out the application process: a pre-application meeting, a community meeting, a statutory 15.2-2232 public hearing, a Planning Commission hearing and a Board of Supervisors hearing. DiStanislao also described timeline rules that give the county 10 days to deem an application complete or incomplete (after which an application is automatically deemed complete), delineated timeframes for co-location applications, and addressed new technology categories such as small cell facilities.

The draft ordinance removes a requirement to submit proprietary information, mirrors aspects of the county's solar ordinance to reduce ambiguity, and directs the county Planning Department to prepare a new application and fee schedule for towers and co-location. DiStanislao said the Wireless Ordinance Committee's recommendation prompted a letter from Verizon asking for clarifications, including that Conditional Use Permit (CUP) validity follow state code (24 months in statute rather than the 12 months shown in the draft), clarification on administrative-review-eligible site plan amendments, and rewording of several provisions.

Commissioner Drummond moved to recommend approval with the attorney's modifications; Commissioner Jennings seconded. In the roll-call discussion commissioners emphasized the need for expanded cell coverage. Commissioner Drummond said, "Yes—We need cell service in the community because there are some areas where the service is terrible." Chairman James "Buck" Tharpe and multiple commissioners likewise supported the recommendation as needed and consistent with state code.

The Planning Commission's action is a recommendation to the Board of Supervisors; the Board will consider the ordinance and any additional changes at a future meeting. The Planning Commission also was told the county will develop updated application materials and a fee schedule before formal adoption.

Action taken: the Commission recommended approval of the Wireless Telecommunications Facility Ordinance to the Board of Supervisors with the modifications requested by the county attorney. The recommendation passed unanimously.