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The County ordinance prohibits any facilities and associated equipment from extending on to neighboring properties. The ordinance also contains specific safety standards to address the possibility of collapsing or falling equipment. Sprint claims that the County ordinance does not give them full control of their sites and that Sprint has given ample evidence that their facilities are safe.
• The County ordinance requires evaluations of radio emissions. Sprint claims that all radio frequencies and engineering issues (including radio emissions) are controlled by the Federal Communications Commission and that Sprint has no control over those issues.
• The County ordinance requires Sprint to pay for any experts or studies needed by the County to evaluate their applications. Sprint claims that violates Virginia law.
• The County’s Comprehensive Plan has specific requirements for public facilities and public utilities. Sprint claims that the County needs to amend its Comprehensive Plan, and that Sprint is not a public utility.
The Supreme Court of Virginia and several Federal District Courts have upheld the right of local governments to apply planning and zoning to these facilities. We should not back down under pressure from Sprint.
Sprint has now requested that their hearing be tabled for 30 days. The BZA members will consider this request and vote on it at the public meeting scheduled on November 29, 2000.
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