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ACTIONS
Board of Supervisors Meeting of December 3, 2003
December 4 , 2003
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:02 a.m., by the
Chairman. All BOS members were present. Also
present were Bob Tucker, Larry Davis, Wayne
Cilimberg and Georgina Smith.
4. From the Public: Matters not Listed on the Agenda.
• John Martin spoke about the ACSA, RWSA and City
cost allocation agreement. He expressed concerns
about the Board’s lack of involvement.
Clerk: Contact Bill Brent to see if he can make a brief
presentation at the December 10th Board meeting.
5. Presentation of VACo Awards.
• Sally Thomas and Walter Perkins presented the
awards to Lee Catin and Mike Culp.
6.2. ACE Program - Adopt resolution accepting
landowners’ offers to sell conservation easement.
• ADOPTED the attached resolution accepting the
landowners’ offer to sell conservation easements to
the County for the price specified and subject to the
terms and conditions contained in the proposed
deeds of easement and AUTHORIZED the County
Executive to sign the final deeds of easement for
each of the properties.
Clerk: Forward resolution to Ches Goodall with copies to
Larry Davis and Wayne Cilimberg. (Attachment 1)
6.3. Authorize staff to proceed with scope of work and
revised contract for completion of expanded Route
29 Corridor Transportation Study.
• AUTHORIZED staff, working in cooperation with
TJPDC staff, to negotiate a scope of work and
revised contract for completion of the expanded
U.S. 29 corridor transportation study.
Mark Graham: Proceed as directed. Prior to award of
contract, bring back to Board for approval of funds for
the work.
7a. Presentation: Subdivision Street Requirements
Sally Thomas
• Did a Power Point of a presentation she made at the
VACO meeting.
• She thanked VDOT for the traffic and speed studies
done in Whippoorwill Hollow area.
• She asked if there are any state-wide regulations
regarding “Jack Rates” for truck drivers; and if there
is any local action taken that can be taken.
7b. Transportation Matters Not Listed on the Agenda.
Jim Bryan:
• Provided the Board with an update of VDOT
activities.
Walter Perkins:
• Asked about the intersection of Route 250 and
Route 6.
Charles Martin:
Clerk: Forward comments to Jim Bryan.
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• Informed the Board that he attended a meeting
concerning Route 231 and Route 22.
Dennis Rooker
• Asked if VDOT could install physical barriers in the
turn lane on Hydraulic Road in front of Garden Court
to help solve the traffic problems.
• He informed the Board that City Council would like
to hold a joint meeting with the Board to discuss the
Meadow Creek Parkway.
Lindsay Dorrier
• Asked about the status of installing reflectors on
Route 20.
David Bowerman
• Asked VDOT to look into putting a second 25 mph
sign on Hillsdale Drive and Greenbrier Drive.
• Commended VDOT for how well the lights are in
sync on Route 29.
8. Charlottesville/Albemarle County Drug Court
Program.
• PRESENTED.
9. Department of Social Services Advisory Board
Annual Report
• RECEIVED.
10. Jefferson Area Disability Services Board Annual
Report.
• RECEIVED.
11. Public hearing: Proposed FY 2004 Budget
Amendment.
• APPROVED the FY 2004 Budget Amendment in the
amount of $2,235,652.35 and appropriations
#2004036, #2004037, #2004038, #2004039,
#2004040, #2004041, #2004042, #2004043,
#2004044, and #2004045.
Clerk: Forward signed appropriation forms to Melvin
Breeden and copy appropriate persons.
12. Board to Board Presentation.
• RECIEVED.
13. Albemarle County Housing Committee – Housing
Report
• RECEIVED and SUPPORTED staff
recommendations that the issues and
recommendations outlined in the report be used to
develop strategic initiatives for the creation of
public/private partnership and incentives aimed at
increasing affordable housing opportunities.
Ron White: Proceed as recommended.
14. Human Resources Annual Report.
• RECEIVED.
15. Police Department Workload Allocation Study.
• RECEIVED and ACCEPTED staff
recommendations.
16. Review of Annual Real Estate Reassessments.
• RECEIVED.
County Executive Staff: Bring back to the newly elected
Board and let them make a decision.
17. New Strategic Plan Goal Regarding Growth and County Executive Staff: Complete strategies for each
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Urbanization.
• APPROVED the three preliminary objectives as
recommended.
objective and move forward accordingly.
18. An ordinance to amend Chapter 2, Administration, of
the Albemarle County Code, Article VIII, Airport
Commission, Sections 2-800 through 2-804, to revise
the regulations for appointing members of the Airport
Commission.
• ADOPTED.
Clerk: Forward to County Attorney’s office with copy to
Bryan Elliott. Update Boards and Commission fact
sheet. (Attachment 2).
19. An ordinance to amend Chapter 4, Animals and
Fowl, of the Albemarle County Code, Article IV,
Vicious and Dangerous Animals, to update the
definitions of dangerous dogs and vicious dogs in
Section 4-400 to conform with Virginia Code Section
requirements, and to expand the requirements of
Section 4-401(E) to require the owner of a
dangerous dog to have the dog neutered or spayed.
• ADOPTED.
Clerk: Forward to County Attorney’s office with copy to
John Miller. (Attachment 3).
20. Pursuant to Virginia Code Section 15.2-1800(B) a
proposed Lease Agreement for the Towe Park
tenant house.
• AUTHORIZED the County Executive to sign this
lease agreement on behalf of the County.
Pat Malleny: Obtain nessecary signatures and provide a
copy to the clerk’s office.
21. Closed Session: Personnel Matters.
• At 12:50 p.m., the Board went into closed session.
22. Certify Closed Session.
• At 2:06 p.m., the Board reconvened into open
session and certified the closed session.
23. Appointments.
• REAPPOINTED Tom Trevillian to the Board of
Building Code Appeals with said term to expire on
November 21, 2008.
• APPOINTED Richard Kast to the Route 250 West
Task Force, with said term to expire on September
5, 2006.
• APPOINTED David Cooke to the Equalization
Board to represent the Jack Jouett District, with said
term to expire on December 31, 2004.
• REAPPOINTED Elton Oliver to the Industrial
Development Authority, with said term to expire
January 19, 2008.
• APPOINTED Norma Diehl and Kevin O’Connor to
the TJPDC Regional Solid Waste Plan.
Clerk: Prepare appointment letters, update Boards and
Commissions book and notify appropriate persons.
24. ZMA-2003-003. Eckerd Drug Store (Sign #73).
• DEFFERED ZMA-2003-003 to December 10, 2003
Board meeting.
Clerk: Put on December 10th consent agenda if proffers
are ready.
25. SP-2003-047. Eckerd Drug Store (Sign #73).
• DEFFERED SP-2003-047 to December 10, 2003
Board meeting.
Clerk: Put on December 10th consent agenda if proffers
are ready.
26. SP-2003-069. University Village – Nextel (Sign #56).
• APPROVED SP-2003-069, by a vote of 6:0, subject
Clerk: Set out conditions. (Attachment #4).
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to the conditions of the Planning Commission with
the amendments made at the Board meeting.
27. Work Session: ZMA-2002-09. North Pointe PD-MC
(Signs #97,98& 99).
• CANCELED the public hearing scheduled for
December 10, 2003, and DEFFERED until February
11, 2003. APPOINTED a committee made up of two
Board members and two Planning Commission
members to meet with staff and applicant to address
the issues.
Committee: Bring back an update at the January 7,
2004 Board meeting.
28. From the Board: Matters Not Listed on The Agenda.
a. High Growth Coalition Request.
Sally Thomas
Presented a request for funding from the High Growth
Coalition.
• APPROVED the request for Albemarle’s
contribution to the High Growth Coalition in the
amount of $1981.00.
b. Raintree Subdivision Regional Stormwater Basin.
David Bowerman
Updated the Board on this issue.
• AUTHORIZED the County Executive to submit to
the Board for appropriation, the project amount of
funds necessary to implement these improvements
and AUTHORIZED the County Executive to execute
the plat and deed after the County Attorney has
reviewed documents.
Charles Martin
• Updated Board members on Boards and
Commissions he has been serving on.
29. Adjourn
• The meeting was adjourned at 4:57 p.m.
/gas
Attachment 1 – Proclamation for “Community and Regional Planning Day”
Attachment 2 – Ordinance
Attachment 3 – Ordinance
Attachment 4 – Planning Commission conditions
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Attachment 1
RESOLUTION
RESOLUTION ACCEPTING OFFERS TO SELL
CONSERVATION EASEMENTS UNDER THE ACE PROGRAM
WHEREAS, the County has received offers to sell conservation easements under the ACE
Program from the owners of the following properties:
Tax Map 35, Parcel 25 (Crawford Property)
Tax Map 36, Parcel 6A (Swanson Property)
Tax Map 20, Parcel 10A (Kindrick Property)
Tax Map 32, Parcel 1 (Kindrick Property)
Tax Map 32, Parcel 2 (Kindrick Property)
WHEREAS, each owner offered to sell conservation easements on the respective properties to
the County for a fixed purchase price, subject to terms and conditions set forth in the
proposed deed of easement enclosed with the County’s invitation to offer to sell, subject
to any further revisions deemed necessary by the County Attorney and agreed to by the
owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the
offers to sell conservation easements described above, and authorizes the County
Executive to execute all documents necessary for completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owners of the properties
identified herein, or their contact persons.
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Attachment 2
ORDINANCE
ORDINANCE NO. 03-2(3)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE VIII,
AIRPORT COMMISSION , OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2,
Administration, Article VIII, Airport Commission, of the Code of the County of Albemarle, Virginia, is
hereby amended and reordained by amending Section 2-202, Compensation of Board of Supervisors, as
follows:
By Amending:
Sec. 2-800 Airport commission.
Sec. 2-801 Composition; appointment of members.
Sec. 2-802 Compensation and term of office of members.
Sec. 2-803 Officers and staff; minutes of meetings.
Sec. 2-804 Vacancies.
Sec. 2-805 Powers and duties.
CHAPTER 2. ADMINISTRATION
ARTICLE VIII. AIRPORT COMMISSION
Sec. 2-800 Airport commission.
There is hereby established a joint airport commission to be known as the Charlottesville-
Albemarle Joint Airport Commission, hereinafter, the airport commission. As used in this article, the term
“airport commission” or “commission” means the joint airport commission established pursuant to § 7(D)
of the Charlottesville-Albemarle Airport Authority Act (2003 Acts of Assembly, Chapter 864), as set forth
within section 2-801, below.
(8-18-54, § 1; 5-16-74, § 1; Code 1988, §§ 2-27 and 2-28; Ord. 98-A(1), 8-5-98; Ord. 03-2(3), 12-3-03)
State law reference--For state law authorizing city and county to act jointly in regard to airport,
see Va. Code §§ 5.1-35, 5.1-36. As to aviation generally, see Va. Code §§ 5.1-1 et seq.
Sec. 2-801 Composition; appointment of members.
The airport commission shall consist of seven members. The members shall be citizens of the
City of Charlottesville or the county who hold no other municipal or county office and who shall be
appointed as follows: three (3) members shall be appointed by the Charlottesville City Council, three (3)
members shall be appointed by the board of supervisors, and one (1) member shall be appointed by the
joint action of the City Council and board of supervisors, each for a three-year term. The member
appointed by joint action of the city and county shall also serve as a member of the governing board of
the Charlottesville-Albemarle Airport Authority. An appointment to fill any vacancy on the commission
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resulting from the resignation, removal or other unavailability of a member shall be for the unexpired
portion of the vacant term only.
(8-18-54, § 1; 11-21-68; 5-16-74, § 1; Code 1988, § 2-29; Ord. 98-A(1), 8-5-98; Ord. 03-2(3), 12-3-03).
Sec. 2-802 Compensation and term of office of members.
(a). All members of the airport commission shall serve without compensation.
(b). All members will serve terms which expire on December l of the third year following their
appointment. No member will be appointed to more than two (2) consecutive three-year terms. A
person initially appointed to serve the unexpired term of another may thereafter serve no more than two
(2) consecutive three-year terms of his own.
(c). In the event a member appointed to the commission by the city or county is
subsequently selected as the city/county joint appointee, and commencement of the term of the joint
appointment does not coincide with the expiration of the appointee’s then-current term, then he shall be
deemed to have vacated the seat held on the commission immediately prior to the joint appointment.
Selection as the joint appointee of the city and county shall not extend the amount of time or the number
of terms such person is eligible to serve on the commission, except that the time served in the seat
vacated shall be treated the same as time served by persons initially appointed to fill the unexpired term
of another.
(d). Any member serving on the commission on January 1, 2003 and who is at that time
serving a second three-year term of his own, shall be eligible for one (1) additional three-year term.
(8-18-54, § 1; 12-17-64; 11-21-68; 5-16-74, § 1; 9-14-83; Code 1988, § 2-30; 10-8-97; Ord. 98-A(1), 8-5-
98; Ord. 03-2(3), 12-3-03).
Sec. 2-803 Officers and staff; minutes of meetings.
As soon after their appointment as possible, the members of the airport commission shall
convene and elect a chairperson and vice-chairperson from their members for a term of one year. The
airport’s executive director or his designee(s) shall serve as staff to the airport commission and shall
perform such duties as are appropriate, including the keeping of proper minutes of the meetings of the
commission. Anyone designated by the airport’s executive director to perform duties for the airport
commission shall report to, and be subject to the supervision of, the airport’s executive director in the
performance of such duties.
(8-18-54, § 1; 4-6-70; 5-16-74, § 1; 9-14-83; Code 1988, § 2-31; Ord. 98-A(1), 8-5-98; Ord. 03-2(3), 12-3-
03)
Sec. 2-804 Re-eligibility.
Any person who has served as a member of the commission for the maximum amount of time
authorized by this ordinance shall thereafter become re-eligible for appointment, following the passage of
at least three (3) years from the expiration of his last term.
(8-18-54, § 1; 5-16-74, § 1; Code 1988, § 2-32; Ord. 98-A(1), 8-5-98; Ord. 03-2(3), 12-3-03)
Sec. 2-805 Powers and duties.
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The airport commission shall be an advisory body having the duty of keeping the governing
bodies of the county and City of Charlottesville and the Charlottesville-Albemarle airport board advised on
all matters pertaining to the airport.
(8-18-54, § 2; 4-6-70; 5-16-74, § 1; Code 1988, § 2-33; Ord. 98-A(1), 8-5-98)
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Attachment 3
ORDINANCE
ORDINANCE NO. 03-4(3)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, ARTICLE IV,
VICIOUS AND DANGEROUS ANIMALS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, Article IV, Vicious and Dangerous Animals, is hereby amended and reordained as
follows:
By Amending:
Section 4-400 Definitions.
Section 4-401 Dangerous dogs; vicious dogs.
CHAPTER 4. ANIMALS AND FOWL
ARTICLE IV. VICIOUS AND DANGEROUS ANIMALS
Sec. 4-400 Definitions.
For the purposes of this division and unless otherwise required by the context, the following
words and terms shall have the meanings respectively ascribed to them by this section:
(1) Dangerous dog. The term “dangerous dog” means a canine or canine crossbreed that has
bitten, attacked, or inflicted injury on a person or companion animal or killed a companion animal;
however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed
dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the
other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be
found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while
engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog
handling event.
(2) Injury. The term “injury” means any superficial cut, scratch, scrape, or minor tear to the skin,
or any bruise to bone or skin area. An injury shall be presumed to have occurred when a dog knocks a
person to the ground or tears that person's clothing or any possession on his or her person.
(3) Leash. The term “leash” means any rope, strap, chain or other material not exceeding four
feet in length, being held in the hand of a person capable of controlling the dog to which it is attached.
(4) Serious injury. The term “serious injury” means any bodily injury for which medical attention
was sought and obtained, which involves a serious laceration requiring stitches to more than one
puncture wound or which is serious in the opinion of a licensed physician.
(5) Vicious dog. The term “vicious dog” means a canine or canine crossbreed that has (i) killed a
person, (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious
impairment of health or serious impairment of a bodily function, or (iii) continues to exhibit the behavior
that resulted in a previous finding by a court or an animal control officer as authorized by Section 4-
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401(B) of this chapter that it is a dangerous dog, provided that its owner has been given notice of that
finding.
(Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A; Ord. 98-A(1), 8-5-98; Ord. 03-4(3), 12-3-03)
Sec. 4-401 Dangerous dogs; vicious dogs.
A. The animal control officer upon reasonable belief that a canine or canine crossbreed
within the county is a dangerous dog or vicious dog shall apply to a magistrate for the issuance of a
summons requiring the owner or custodian, if known, to appear in general district court at a specified
time. The summons shall advise the owner of the nature of the proceeding and the matters at issue.
The animal control officer shall confine the animal until such time as evidence shall be heard and a
verdict rendered. If the animal control officer determines that the owner or custodian can confine the
animal in a manner that protects the public safety, he may permit the owner or custodian to confine the
animal until such time as evidence shall be heard and a verdict rendered. The court, through its
contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If,
after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the
animal's owner to comply with the provisions of this section. If, after hearing the evidence, the court
finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the
provisions of Virginia Code § 3.1-796.119.
B. Notwithstanding the provisions of subdivision (A), an animal control officer may determine
after investigation whether a dog is a dangerous dog. If the animal control officer determines that a dog is
a dangerous dog, he may order the animal’s owner to comply with the provisions of this section. If the
animal’s owner disagrees with the animal control officer’s determination, he may appeal the determination
to the general district court for a trial on the merits. Such appeal shall be filed no later than ten (10) days
after receipt of notice of the officer's determination.
C. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog
solely because it is a particular breed. No animal shall be found to be a dangerous dog or vicious dog if
the threat, injury or damage was sustained by a person who was (i)committing, at the time, a crime upon
the premises occupied by the animal's owner or custodian, (ii)committing, at the time, a willful trespass or
other tort upon the premises occupied by the animal's owner or custodian, or (iii)provoking, tormenting or
physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused or
assaulted the animal at other times. No police dog that was engaged in the performance of its duties as
such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No
animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting
itself, its kennel, its offspring or its owner or owner's property, shall be found to be a dangerous dog or a
vicious dog.
D. The owner of any animal found to be a dangerous dog shall, within ten (10) days of such
finding, obtain a dangerous dog registration certificate from the County for a fee of fifty dollars ($50.00) in
addition to other fees that may be authorized by law. The County shall provide the owner with a tag that
identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure
that the animal wears the collar and tag at all times. All certificates obtained pursuant to this section shall
be renewed annually for the same fee and in the same manner as the initial certificate was obtained.
E. All certificates or renewals thereof required to be obtained under this section shall only be
issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's
current rabies vaccination, if applicable, and (ii) that the animal is and will be confined in a proper
enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in
the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for
certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof
unless they present satisfactory evidence that (i) their residence is and will continue to be posted with
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clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property,
(ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic
implantation, and (iii) the animal has been neutered or spayed.
F. While on the property of its owners, an animal found to be a dangerous dog shall be
confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent
its escape or direct contact with or entry by minors, adults or other animals. The structure shall be
designed to provide the animal with shelter from the elements of nature. When off its owner's property,
an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to
cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from
biting a person or another animal.
G. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or
legal guardian shall be responsible for complying with all requirements of this section.
H. After an animal has been found to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or
unconfined, (ii) bites a person or attacks another animal, (iii) is sold, given away, or dies, or (iv) has been
moved to a different address.
I. The owner of any animal that has been found to be a dangerous dog who willfully fails to
comply with the requirements of this section shall be guilty of a class 1 misdemeanor.
J. All fees collected pursuant to this section, less the costs incurred by the County in
producing and distributing the certificates and tags required by this section, shall be paid into a special
dedicated fund for the purpose of paying the expenses of any training course required under Virginia
Code § 3.1-796.104:1.
(Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A.1; Ord. 98-A(1), 8-5-98; Ord. 03-4(1), 2-5-03; Ord. 03-
4(3), 12-3-03)
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Attachment 4
PLANNING CONDIOTIONS
Agenda Item #26. SP-2003-069. University Village – Nextel (Sign #56). Request to allow 12
flush-mounted antennas, radio cabinet & ice bridge to be located on roof of an existing University Village
blding in accord w/Sect 17.2.2.6 of the Zoning Ord. TM 60B2, P 1. Znd R-10. Loc at 500 Crestwood Rd,
w/in University Village Development, approx .5 mls from intersec of Crestwood & Old Ivy Rd (Rt 601).
Jack Jouett Dist.
The facility shall be designed, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the
conditions listed herein, the facility including the antennas, and equipment shelter, and all
antennas shall be sized, located and built as shown on the concept plan entitled, entitled “Nextel
Partners, Inc. (University Village)”, dated August 8, 2003;
2. The height of the antennas in Sector A, as measure above sea level, shall not exceed the height
of the top of the elevator penthouse that is shown and labeled on the plan;
3. Only antennas flush-mounted to the existing elevator penthouse or at a lower elevation on the
building’s parapet wall shall be permitted in Sectors B and Sector C. No antennas that project out
from the building beyond the minimum required by the support structure, shall be permitted, and,
in no case shall the distance between the face of the pole and the faces of the antennas be more
than twelve (12) inches;
4. The equipment shelter shall not exceed seven (7) feet in height;
5. The equipment shelter, all antennas, and any exposed portions of their mounting devices, shall
be painted to match the color of the elevator penthouse walls. However, if the antennas in Sector
A are mounted to extend above the existing building, they shall be painted a color that provides
the least visibility against the sky, subject to approval of the Design Planner. These requirements
shall be provided on the plans;
6. The antennas shall be not exceed forty-eight and a half (48.5) inches in height, twelve (12) inches
in width, and eight (8) inches in depth. These size specifications stated herein shall be provided
on the plans with schematic drawings;
7. No satellite or microwave dishes shall be permitted in this array;
8. No guy wires shall be permitted;
9. No lighting shall be permitted for this the facility, 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;
Prior to the issuance of a building permit, the following requirements shall be met:
10. 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;
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After the issuance of a Certificate of Occupancy, the following requirements shall be met:
11. The applicant, or any subsequent owners of the building, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that use the facilities attached to the building, including a drawing indicating which
antennas and equipment are associated with each provider and;
12. 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.