ZMA 04-07 Tier II Personal Wireless Services Facilities Fees (Section 35.0)




Proposal to amend Section 35.0, Fees, of Chapter 18, Zoning, of the Albemarle County Code to impose fees to cover the cost of services rendered by the County in reviewing and approving the information, reports, documents and plans required to be submitted for Tier II personal wireless service facilities under proposed amended section 5.1.40 (“Tier II review”) of Chapter 18, and other expenses incident to the administration of the Zoning Ordinance related thereto.  The fees for each Tier II review would be $790.00.




Mr. Kamptner, Ms. Sprinkle, Mr. Waller




Planning Commission: September 28, 2004

Board of Supervisors:  October 13, 2004


ACTION:     X          INFORMATION:   



  ACTION:              INFORMATION:   










At its meeting on July 14, 2004, the Board of Supervisors reviewed the proposed amendments to Section 5.1.40 of the Zoning Ordinance related to the three-tiered review criteria personal wireless service facilities.  At that time the Board deferred action on the text amendment, requesting that staff make some minor revisions to the proposed language in addition establishing a fee schedule for the various types of facilities.  Staff has determined that Tier I and Tier III facilities will continue to be accepted with building permit and special use permit applications, which already have fees assigned.   However, a separate action must be taken in order to enact the proposed fee of $790.00 to cover the administrative costs of Tier II facilities.  If approved the fee for Tier II facilities will be added as Section 35.q.



Goal 4.1: Provide effective, responsive and courteous service to our customers




Due to the comparable level of review that is anticipated, it is staff’s opinion that Tier II facilities should be assessed a fee of $790.00, which is the same amount that is established in Section 35.f.3 for final site development plans that require Planning Commission review following the approval of a preliminary site development plan.  Because the Tier II facilities will require the development of a new set of applications and checklists they must be listed as a separate category under the Zoning Ordinance Section 35 (Fees).  Furthermore, aside from the requirement for Board of Supervisors approval, County staff will continue to be responsible for applying the same levels of review and clerical time to Tier II facilities that is currently applied to facilities requiring special use permits.  This includes site plan review, balloon tests, notification of adjacent property owners and Planning Commission hearings. 



Staff finds that the proposed fee of $790.00 would appropriately represent the ratio between the amount of County resources that would be applied to the review and approval of Tier II facilities and special use permits, which are assessed a $980.00 fee. Therefore, staff recommends approval of the proposed amendment to the Zoning Ordinance text as provided in the attached draft.




Proposed zoning ordinance text amendment (Pages 1-4), dated September 8, 2004

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