January 28, 2004
M. E. Gibson, Jr.
Tremblay & Smith, LLP
PO Box 1585
Charlottesville, VA 22902
Dear Mr. Gibson:
The Albemarle County Planning Commission, at its meeting on January 20, 2004, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions:
The facility shall be designed, constructed and maintained as follows:
1. With the exception of all changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the construction plans entitled, “Alltel- Hardware River Site”, last revised January 8, 2004 and provided herein as Attachment I. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation.
2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation.
3. The top of the pole shall not exceed 73 feet above the finished ground level contour of 795 feet, nor shall it exceed a top height of 868 feet, as measured Above Mean Sea Level (AMSL),
4. The wooden monopole shall be a brown wood color that is consistent with the trees surrounding the site.
5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans.
6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than 12 inches.
7. No satellite or microwave dishes shall be permitted on the monopole.
8. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole.
9. No guy wires shall be permitted.
10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted.
12. Site grading and graveling around the site shall be minimized to only provide the amount of space that will be necessary for placement of the monopole and equipment shelter.
13. All proposed grading and construction shall be held outside the dripline of trees to remain. Additional methods of tree protection, including but not be limited to tree protection fencing, shall be provided for the trees that are identified as numbers 53, 55, 97, 280, 282, 290, 292 and 700 on the tree survey.
14. The tree conservation area shall be shown on the construction plans.
Prior to the issuance of a building permit, the following requirements shall be met:
15. Size specifications and other details, including elevation drawings of the antennas and ground equipment shall be included in the construction plan package.
16. Certification by a registered surveyor stating the height of the tallest tree within 25 feet that will used to justify the final height of the monopole shall be provided to the Zoning Administrator.
17. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access road and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the facility on the subject parcel. A special use permit amendment shall be required for any future tree removal within the two hundred-foot buffer, after the installation of the subject facility.
18. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed.
After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met:
19. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator.
20. Certification confirming that the grounding rod’s: a) height does not exceed one foot above the monopole; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator.
21. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
22. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the monopole and the ground, are associated with each provider.
23. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on February 11, 2004. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823.
View staff report
View PC minutes
Return to regular agenda
Cc: Ella Carey
Linda M. Vest