McGuire Woods Battle & Boothe, LLP
Tax Map 74, Parcel 2C
Dear Ms. Long:
The Albemarle County Planning
Commission, at its meeting on
With the exception of any
minor 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, “Nextel Partners - Gallihugh
Site”, last revised
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, as measured Above Mean Sea Level (AMSL), shall never exceed seven (7) feet above the top of the tallest tree within 25-feet tree, identified as T-20 on Sheet C-4 of the construction plans. In no case shall the pole exceed 85 feet above the existing ground elevation at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit.
4. The metal monopole shall be painted 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.
Prior to the issuance of a building permit, the following requirements shall be met:
12. Size specifications and other details, including elevation drawings of the antennas and ground equipment shall be included in the construction plan package.
13. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator.
14. 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 easement 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. 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.
15. 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:
16. 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.
17. Certification confirming that the grounding rod’s: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator.
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
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
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. 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
be advised that the Albemarle County Board of Supervisors will review this
petition and receive public comment at their meeting on
Please note that the Planning Commission, also by a vote of 5:0, denied the waiver of the setback in accordance with Section 126.96.36.199 of the Zoning Ordinance.
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823.
Gregory and Tammy Gallihugh
Nextel Partners, Inc