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ARB202100063 Application Preliminary Site Plan 2021-05-18
Community DevelopmentDe^artm �t Albemarle Ga iun 401 NI e Road Charlottesville;VA22902-4596 `1'i 1M1 4 n (434)295-5832 Fax (434)972-4125 '.' < ='%`,' - planning Application 9 pP PARCEL/ OWNER INFORMATION TMP 07100-017-OU-.O37J0 Own er(sj; PATTERSON,.,PATRIGIA Application# ARB2021 60063- PROPERTY.INFORMATION Legal Description j ACREAGE.P.ARCELS,A.B C d'E F / Magisterial Dist;'Samuel Miller Land.Use Primary Residential--.Single-family (incl: modular Komesi CurrentAFD •Notiti Af F District i_j Current Zoning.Primary IRural Areas —1117 APPLICATION INFORMATION Street Address 207 PATTERSON MILL LN CROZET,22932 Entered By Application'TyRe Architectural Review Board v }JgnniferSmith v Project SHENTEL,(BEAM) FIXED WIRELESS-,50064'PATTERSON MILL-,PRELIMINARY- D; Received Date .05/19/21, Received.Date Final Submittal Date 05/24/2I. Total Fees' Closing:File Date Submittal Date Final Total Paid I Revision Nurnber Comments Legal Ad .. SUB APPLICATION(s) Type i Sub APPlicetioI Comment Preiiii►inary,Site 05, 24/21 • APPLICANT /CONTACT INFORMATION ContactT;rpe flan re J. Address..... I , Cit~a'Stete. Zip Phone PftorGeCell s�aara.r;iwn'.::e rt .PATTERSON,',P-T:RICL.'W.' T91 PATT'ERSOn NILLrLISJ •GROZET�`.�; '2293?;. ..434823468'1'• -n_ :irry Ccatatt •JESSIE WILMER-SHENTEL SITE '1150 SHEN.ANDOA.H VILLAGE WAYNESBORO,VA 22980 5402415060 Signature of Contractor or Authorized Agent Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 www.albemarle.org REVISED 12/7/2017 Page 1 of 11 Application for Personal Wireless Service Facility Applicant (whom should we contact about this project): Street Address City State Zip Code Phone Number Email Owner of Record Street Address City State Zip Code Phone Number Email Contractor (Building Permits and Tier I only) Street Address City State Zip Code Phone Number Email Work Value $ IMPORTANT: Your application is considered INCOMPLETE until all of the information on the Required Application Content Checklist on pages 2 thru 6 has been submitted and the appropriate fee has been submitted. (See page 11 for the appropriate fee(s) related to your application). Staff will assist you with these items. PROJECT NAME: (how should we refer to this application?): _______________________________________________________ __________________________________________________________________________________________________________________ PROPOSAL: ❑ Tier I ❑ Tier II ❑ Tier III ❑ Building Permit after Tier II or Tier III approval COPIES REQUIRED: Two (2) Sixteen (16) Seventeen (17) Two (2) EXISTING COMP PLAN LAND USE/DENSITY: _________________________________________________________________ LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: _____________________________________________ TAX MAP PARCEL(s): _______________________________________________________________________________________ ZONING DISTRICT: _________________________________________________________________________________________ # OF ACRES TO BE COVERED BY SPECIAL USE PERMIT (if a portion it must be delineated on a plat): ________________ Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. _______________ Are you submitting a Special Exception to modify or waive certain requirements with this application? If YES, provide the modifications: _____________________________________________________________ Does the owner of this property own (or have any ownership interest in) any abutting property? If YES, please list those tax map and parcel numbers: _____________________________________________ YES NO YES NO YES NO FOR OFFICE USE ONLY Application # ______________________________________SIGN # (if an SP) _________________________ Fee Amount $___________ Date Paid __________By who? ______________________________ Receipt # _____________Ck#_____________ by: ________ ZONING ORDINANCE SECTION____________________________________________________________________________________________________ Personal Wireless Service Facility Application REVISED 12/7/2017 Page 2 of 11 Application Requirements & Checklist Instructions: an “X” in Application Type indicates requirements. Use the far right column to confirm requirements are met. Tiers I II III 1. Application form and signatures. A completed application form, signed by the parcel owner, the parcel owner’s agent or the contract purchaser, and the proposed facility’s owner. If the owner’s agent signs the application, he shall also submit written evidence of the existence and scope o f the agency. If the contract purchaser signs the application, he shall also submit the owner’s written consent to the application. X X X 2. Plat or survey of the parcel. A recorded plat or recorded boundary survey of the parcel on which the facility will be located; provided, if neither a recorded plat nor boundary survey exists, a copy of the legal description of the parcel and the Albemarle County Circuit Court deed book and page number. X X X 3. Ownership. The identity of the owner of the parcel and, if the owner is other than a real person, the complete legal name of the entity, a description of the type of entity, and writ ten documentation that the person signing on behalf of the entity is authorized to d o so. X X X 4. Plans and supporting drawings, calculations, and documentation. Except where the facility will be located entirely within an eligible support structure or an existing building, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the agent, signed and sealed by an appropriate licensed professional. The plans and supporting drawings, calculations, and documentation shall show: (a) Existing and proposed improvements. The location and dimensions of all existing and proposed improvements on the parcel including access roads and structures, the location and dimensions of significant natural features, and the maximum height above ground of the facility (also identified in height above sea level). (b) Elevation and coordinates. The benchmarks and datum used for elevations shall coincide with the State Plane VA South US Survey Feet based on the North American Datum of 1983 (NAD 83), and the benchmarks shall be acceptable to the county engineer. (c) Design. The design of the facility, including the specific type of support structure and the design, type, location, size, height, and configuration of all existing and proposed antennas and other equipment. (d) Color. Identification of each paint color on the facility, by manufacturer color name and color number. A paint chip or sample shall be provided for each color. (e) Topography. Except where the facility would be attached to an eligible support structure or an existing building, the topography within two thousand (2,000) feet of the proposed facility, in contour intervals not to exceed ten (10) feet for all lands wi thin Albemarle County and, in contour intervals shown on United States Geological Survey topographic survey maps or the best topographic data available, for lands not within Albemarle County. (f) Trees. The caliper and species of all trees where the dripline is located within fifty (50) feet of the facility. The height, caliper, and species of any tree that the applicant is relying on to provide screening of the monopole or tower. The height, caliper and species of the reference tree. The caliper and species of all trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted, regardless of their distances to the facility. (g) Setbacks, parking, fencing, and landscaping. All existing and proposed setbacks, parking, fencing, and landscaping. (h) Location of accessways. The location of all existing vehicular accessways and the location and design of all proposed vehicular accessways. (i) Location of certain structures and district boundaries. Except where the facility would be attached to an eligible support structure or an existing building, residential and commercial structures, and residential and rural areas district boundaries. X X X X X X X X X X X X X X X X X X X X X X X X X X Personal Wireless Service Facility Application REVISED 12/7/2017 Page 3 of 11 (j) Proximity to airports. If the proposed monopole or tower will be taller than one hundred fifty (150) feet, the proximity of the facility to commercial and private airports. X X 5. Photographs. Photographs of the location of the proposed monopole or tower shall be provid ed that include, for applications for Tier II facilities, the reference tree, and for applications for Tier III facilities, the area within fifty (50) feet of the proposed mon opole or tower. These photographs shall include reference points to enable the lease area, the vehicular access, the trees that will remain, and the trees that will be removed, to be identified. In addition, photographs, where possible, or perspective drawings of the facility site and all existing facilities within two hundred (200) feet of the site, if any, and the area surrounding the site. X X 6. Balloon tests. For any proposed monopole or tower, photographs taken of a balloon test, which shall be conducted, if requested by the agent, as follows: (a) Scheduling. The applicant shall contact the agent within ten (10) days after the date the application was submitted to schedule a date and time when the balloon test will be conducted. The test shall be conducted within forty (40) days after the date the application was submitted, and the applicant shall provide the agent with at least seven (7) days prior notice; provided that this deadline may be extended due to inclement weather or by the agreement of the applicant and the agent. (b) Marking key boundaries and locations. Prior to the balloon test, the locations of the access road, the lease area, the tower site, the reference tree, and the tallest tree within twenty five (25) feet of the proposed monopole shall be surveyed and staked or flagged in the field. (c) Balloon height. The test shall consist of raising one or more balloons from the facility site to a height equal to the proposed facility. (d) Balloon color or material. The balloons shall be of a color or material that provides maximum visibility. (e) Photographing balloon test. The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along eac h publicly used road from which the balloon is visible, and other properties and locations as deemed appropriate by the agent. The applicant shall identify the camera type, film size, and focal length of the lens for each photograph. X X X X X X X X X X 7. Additions of antennas. If antennas are proposed to be added to an eligible support structure or an existing building, all existing antennas and other equipment on the structure, building, or facility, as well as all ground equipment, shall be identified by owner, type, and size . The method(s) by which the antennas will be attached to the mounting structure sh all be depicted. X X X 8. Site under conservation or open space easement. If the proposed facility would be located on lands subject to a conservation easement or an open space easement, a copy of the recorded deed of easement and the express written consent of all easement holders to the proposed facility. X X 9. Photographic simulations. At the request of the agent, photographic simulations of the proposed facility. X X 12. Special exception. If the proposed facility does not comply with any provision of section 5.1.40, the applicant shall request a special exception in writing as part of the application. The request shall identify which regulation in section 5.1.40 for the special excep tion is requested and a justification for the special exception. X X X Personal Wireless Service Facility Application REVISED 12/7/2017 Page 4 of 11 Development Requirements & Checklist Instructions: an “X” in Application Type indicates requirements. Use the far right column to confirm requirements are met. I II III 1. General design. The facility shall be designed, installed, and maintained as follows: (a) Guy wires. Guy wires are prohibited. (b) Outdoor lighting. Outdoor lighting for the facility shall be permitted only during main tenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as required by section 4.17; provided that these restrictions shall not apply to any outdoor lighting required by federal law. (c) Ground equipment. Any ground equipment shelter not located within an eligible support structure or an existing building shall be screened from all lot lines either by terrain, existing structures, existing vegetation, or by added vegetation approved by the agent. (d) Whip antenna. A whip antenna less than six (6) inches in diameter may exceed the height of the facility, the eligible support structure, or the existing building. (e) Grounding rod. A grounding rod, whose height shall not exceed two (2) feet and whose width shall not exceed one (1) inch in diameter at the base and tapering to a point, may be installed at the top of the facility, the eligible support structure, or the existing building. X X X X X X X X X X X X X X X 2. Antennas and associated equipment. Antennas and associated equipment that are not entirely within a proposed facility, an eligible support structur e, or an existing building shall be subject to the following: (a) Number of arrays. The total number of arrays of antennas shall not exceed three (3). All types of antennas and dishes, regardless of their use, shall be counted toward the limit of thre e arrays. (b) Size. Each antenna proposed under the pending application shall not exceed the size shown on the application, which size shall not exceed one thousand four hundred (1400) square inches. (c) Projection. No antenna shall project from the facility, structure or building beyond the minimum required by the mounting equipment, and in no case shall the closest point on the back of the antenna be more than twelve (12) inches from the facility, structure, or building; and in no case shall the farthest point of the back of the antenna be more than eighteen (18) inches from the facility, structure, or building; and (d) Color. Each antenna and associated equipment shall be a color that matches the facility, structure, or building. X X X X X X X X X X X X X X X 3. Tree conservation plan; content. Before the building official issues a building permit for the facility, the applicant shall submit a tree conservation plan prepared by a certified arborist. The plan shall be submitted to the agent for review and approval to ensure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures, identify all existing trees to be removed on the parcel for the installation, operation and maintenance of the facility, and identify all dead and dying trees that are recommended to be removed. In approving the plan, the ag ent may identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the plan. X X X 4. Creation of slopes steeper than 2:1. No slopes associated with the installation of the facility and its accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed. X X X 5. Ground equipment shelter; fencing. Any ground equipment shelter not located within an existing building shall be fenced only with the approval of the agent upon finding that the fence: (i) w ould protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the rur al areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental to the character of the area; and (iii) would not be detrimental to the public health, safety or general welfare. X X X Personal Wireless Service Facility Application REVISED 12/7/2017 Page 5 of 11 Development Requirements & Checklist Instructions: an “X” in Application Type indicates requirements. Use the far right column to confirm requirements are met. I II III 6. Screening and siting to minimize visibility. The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their distance from the facility. The facility also shall be sited to minimize its visibility from any entrance corridor overlay district, state scenic river, national park, or national forest, regardless of whether the site is adjacent to the district, river, park or forest. If the facility would be located on lan ds subject to a conservation easement or an open space easement, or adjacent to a conservation easement or open space easement, the facility shall be sited so that it is not visible from any resources specifically identified for protection in the deed of easement. X X 7. Open space plan resources. The facility shall not adversely impact resources identified in the natural resources chapter of the county’s comprehensive plan and the parks and green systems chapters in any county master plan. X X 8. Horizontal separation of multiple facilities. The facility shall not be located so that it and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a cir cle centered anywhere on the ground having a radius of two hundred (200) feet. X 9. Diameter of monopole. The maximum base diameter of the monopole shall be thirty (30) inches and the maximum diameter at the top of the monopole shall be eighteen (18) inches. X 10. Height of monopole. The top of the monopole, measured in elevation above mean sea level, shall not be more than ten (10) feet taller than the tallest tree within twenty -five (25) feet of the monopole, and shall include any base, foundation or grading that raises the monopole above the pre-existing natural ground elevation. X 11. Color of monopole, antennas, and equipment. Each monopole shall be a dark brown natural or painted wood color that blends into the surrounding trees. The antennas, supporting brackets, and all other equipment attached to the monopole shall be a color that closely matches that of the monopole. The ground equipment, the ground equipment shelter, and th e concrete pad shall also be a color that closely matches that of the monopole, provided that the ground equipment and the concrete pad need not closely match the color of the monopole if they are enclosed within a ground equipment shelter or within or behind an approved structure, façade or fencing that: (i) is a color that closely matches that of the monopole; (ii) is consistent with the character of the area; and (iii) makes the ground equipment, ground equipment shelter, and the concrete pad invisible at any time of year from any other parcel or a public or private street. X X 12. Placement of cables, wiring, and similar attachments. Each wood or concrete monopole shall be constructed so that all cables, wiring, and similar attachments that run vertically from the ground equipment to the antennas are placed on the monopole to face the interior of the site and away from public view, as determined by the agent. Metal monopoles shall be constructed so that vertical cables, wiring, and similar attachments are contained within the monopole’s structure. X 13. Special use permit conditions. All conditions of approval of a special use permit. X Personal Wireless Service Facility Application REVISED 12/7/2017 Page 6 of 11 Applicability of other Development Requirements in this Chapter & Checklist Instructions: an “X” in Application Type indicates requirements. Use the far right column to confirm requirements are met. Type of Application I II III 2. Vehicular access. Vehicular access to the facility site or tower site shall be subject to the requirements of section 4.2 and shall not be exempt under section 4.2.6(c). X X X 3. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a facility to be located closer in distance than the height of the tower or other mounting structure to any lot line if the applicant obtains an easement or other recordable document showing agre ement between the lot owners, acceptable to the county attorney as to addressing development on the part of the abutting parcel sharing the common lot line that is within the monopole or tower’s fall zone. If the right-of-way for a public street is within the fall zone, the Virginia Department of Transportation shall be included in the staff review, i n lieu of recording an easement or other document. X X X Performance Standards, Requirements & Checklists Please check those that apply to acknowledge these requirements Type of Application I II III 1. Building permit application; submitting certification of monopole height and revised plans. The following shall be submitted with the building permit application: (i) certification by a registered surveyor stating the height of the reference tree that is used to determine the permissible height of the monopole; and (ii) a final revised set of plans for the construction of the facility. The agent shall review the surveyor’s certificate and the plans to ensure that all applicable requirements have been satisf ied. Work Value $ ____________________________ X 2. Tree conservation plan; compliance; amendment. The installation, operation, and maintenance of the facility shall be conducted in accordance with the tree conservation plan. The applicant shall no t remove existing trees within the lease area or within one hundred (100) feet in all directions surroundin g the lease area of any part of the facility except for those trees identified on the plan to be removed for the installation, operation, and maintenance of the facility and dead and dying trees. Before the applicant removes any tree not designated for rem oval on the approved plan, the applicant shall submit and obtain approval of an amended plan. The agent may approve the amended plan if the proposed tree removal will not adversely affect the visibility of the facility from any location off of the parcel. The agent may impose reasonable conditions to ensure that the purposes of this paragraph are achieved. X X X 3. Completion of installation; submitting certifications of compliance. Within thirty (30) days after completion of the installation of the facility, the applicant shall provide to the agent prior to issuance of a certificate of occupancy: (i) certification by a registered surveyor stating the height of the tower or monopole, measured both in feet above ground level and in elevation above mean sea level, using the benchmarks or reference datum identified in the application; and (ii) certification stating that the lightni ng rod’s height does not exceed two (2) feet above the top of the tower or monopole and its width does not exceed a diameter of one (1) inch. X X X 4. Discontinuance of use; notice thereof; removal; surety. Within thirty (30) days after a tower or monopole’s use for personal wireless service or any service facilitated by transmission equipment is discontinued, the owner of the facility shall notify the zoning administrator in writing that the facility’s use has discontinued. The facility and any transmission equipment shall be disassembled and removed from the facility site within ninety (90) days after the date its use for personal wireless service or an y service facilitated by transmission equipment is discontinued. If the agent determines at any time that surety is required to guarantee that the facility will be removed as required, the agent may require that the parcel owner or the owner of the facility submit a certified check, a bond with surety, or a letter of credit, in an amoun t sufficient for, and conditioned upon, the removal of the facility. The type and form of the surety guarantee shall be to the satisfaction of the agent and the county attorn ey. In determining whether surety should be required, the agent shall consider the following: (i) whether there is a change in technology that makes it likely that the monopole or tower will be unnecessary in the near future; (ii) the permittee fails to co mply with applicable regulations or conditions; (iii) the permittee fails to timely remove another monopole or tower within the county; and (iv) whenever otherwise deemed necessary by the agent. X X X Personal Wireless Service Facility Application REVISED 12/7/2017 Page 7 of 11 Criteria for Special Exception to modify or waive requirements If an applicant proposes to submit less information than required or request a modification or waiver of any design criteria the request for modification or waiver must be received at the time the application is filed or the application shall be deemed incomplete. In requesting a modification or waiver the applicant shall provide information to allow the Board of Supervisors to find: 1. That complying with the provisions of the Zoning Ordinance would not forward the purposes of the Zoning Ordinance or otherwise serve the public health, safety, or welfare or; 2. That a modified regulation would satisfy the purposes of the Zoning Ordinance to at least an equivalent degree as the specified requirement. Definitions associated with Personal Wireless Service Facilities Antenna array: An orderly arrangement of antennas mounted at the same height on a tower or other structure and intended to transmit a signal providing coverage over a specific area for a single provider of personal wir eless services. Avoidance area: An area having significant resources where the initial siting of personal wireless service facilities could result in adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any location in which the proposed personal wireless service facility and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle cent ered anywhere on the ground having a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any sta te scenic highway or by-way. Base station: A structure or equipment at a fixed location that enables Federal Communications Commission -licensed or authorized wireless communications between user equipment and a communications network. 1. Services to which the term applies. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless serv ices such as microwave backhaul. 2. Equipment to which the term applies and does not apply . The term includes, but is not limited to, radio transceivers, antennas, coaxial, or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration, including distributed antenna systems and small -cell networks. The term does not include any equipment associated with a tower. 3. Structures to which the term applies and does not apply . The term includes any structure, other than a tower, that, at the time the relevant application is filed with the county, supports or houses equipment described in paragraphs (1) and (2) o f this definition that has been reviewed and approved under section 5.1.40 or the applicabl e zoning process in effect prior to October 13, 2004. The term does not include: (i) a tower as defined in this section; and (ii) any structure that, at the time the relevant application is filed with the county under section 5.1,40, does not support or ho use equipment described in paragraphs (1) and (2) of this definition. Collocation: The mounting or installation of transmission equipment on an eligible support str ucture for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. Collocation, exempt: A collocation that would not result in a substantial change in the physical dimensions of an eligible support structure. Concealment elements of the eligible support structure: Any condition of approval, including any applicable requirement of section 5.1.40 in effect at the time of approval, established and imposed on the personal wireless service facility as a concealment te chnique and which includes conditions or regulations pertaining to antenna size, color of the structure and all equipment, antenna mounting techniques, including the requirement that antennas be flush mounted, maximum tower diameters at the base and top, l imitations on tower height relative to a reference tree, screening by trees includin g the restrictions on removing trees that are screening the tower, siting towers so that they are not skylighted, requirements as to how cables should be located on a tower , and the size, location, design, and screening for ground based equipment. Eligible support structure: Any tower or base station, provided that it is existing at the time the relevant application is filed with the County. Existing building: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilitie s, a building that was lawfully constructed or established and complies with the minimum applicable bulk, height, setback, floor area, and other str ucture requirements of the district in which the building is located. Personal Wireless Service Facility Application REVISED 12/7/2017 Page 8 of 11 Existing structure: As used in section 5.1.40 a structure, other than a flagpole or an existing tower, that was lawfully constructed or established and complies with the minimum applicable bulk, height, setback, floor area or other structure requirements of the district in which the structure is located. Existing tower or existing base station: As referred to in the definition of “eligible support structure,” a constructed tower or base station that has been reviewed and approved under the applicable zoning process, provided that a tower th at has not been reviewed and approved because it was not required to be reviewed when it was built, but was lawfully constructed, is existing for purposes of this definitio n. Fall zone: A zone on the surface of the ground that is a circle whose center is the proposed or standing personal wireless service facil ity or small wind turbine (the “facility or turbine”), where the radius is measured from the outer surface of the fa cility’s or turbine’s pole or other vertical structure immediately above its foundation, and where the radius is: (i) for facilities, equal to the height o f the facility; and (ii) for turbines, equal to the height of the turbine plus a distance of twenty (20) feet. Mobile personal wireless service facility: A portable self-contained personal wireless service facility site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. Personal wireless services: Commercial mobile services, unlicensed wireless services, common carrier wireless exchange access services, as those services are defined by federal law and, for the purposes of this chapter, unlicensed wireless broadb and internet access services. Personal wireless service facility: A facility for the provision of personal wireless services, which may be composed of antennas, cables, wiring, supporting brackets and other structural equipment, grounding rods, transmission equipment, one or more g round equipment shelters, and a self-supporting monopole or tower. Reference tree: A tree designated for determining the top height of a treetop facility’s monopole mounting structure. This may either be the tallest tree within twenty five (25) feet of the proposed monopole or a shorter tree that has been strategically identified for screening and camouflaging purposes. (Added 10-13-04) Replacement: As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities, the repl acement of transmission equipment of the same or lesser size in the same location as the equipment being replaced on an eligible su pport structure. Replacement, exempt: A replacement that would not result in a substantial change in the physical dimensi ons of the eligible support structure. Ridge area: All land within one hundred (100) vertical feet of, and including, the ridgeline and peaks of a mountain or chain of mountains, as identified on a ridge area map approved by the board of supervisors. Ridgeline: The uppermost line created by connecting the peaks of a mountain or chain of mountains, and from which land declines in elevation on at least two (2) sides, as identified on a ridge area map approved by the board of supervisors. Skylight: Locating a personal wireless service facility in such a way that the sky is the backdrop of any portion of the facility. Skylight has the same meaning as “skylining,” as that term is used in the w ireless policy. Substantial change: A modification to an eligible support structure that meets one or more of the following criteria: 1. Increase in height. For towers other than towers in the public rights-of-way, the modification increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, the modification increases the h eight of the structure by more than ten percent (10%) o r more than ten (10) feet, whichever is greater. Changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in he ight should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. 2. Increase in width. For towers other than towers in the public rights-of-way, the modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of th e tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, the modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet. Personal Wireless Service Facility Application REVISED 12/7/2017 Page 9 of 11 3. Excessive equipment cabinets. For any eligible support structure, the modification involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the publ ic rights-of-way and base stations, the modification involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure. 4. Expands tower site. The modification entails any excavation or deployment outside the current site. 5. Defeats concealment elements. The modification would defeat the concealment elements of the eligible support structure. 6. Does not comply with conditions of approval. The modification does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in paragraphs (1) through (4) of this definition. Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that: (i) is located entirely within an existing building but which may include a self-contained ground equipment shelter not exceeding one hundred fifty (150) square feet that is not within the building or a whip antenna that satisfies the requirements of subsection 5.1.40(b)(1)(d); (ii) consists of one or more antennas, other than a microwave dish, attached to an existing structure, together with associated personal wireless service e quipment; (iii) is located within or camouflaged by an addition to an existing structure determined by the agent to be in character with the str ucture and the surrounding district; or (iv) is the replacement of a wooden monopole with a metal monopole that does not exceed the maximum dimensions permitted under subsection 5.1.40(b)(9). Tier II personal wireless service facility or Tier II facility: A personal wireless service facility that is a treetop facility not located within an avoidance area. Tier III personal wireless service facility or Tier III facility: A personal wireless service facility that is neither a Tier I nor a Tier II facility, including a facility that was not approved by the commission or the board of supervisor s as a Tier II facility. Tower: As referred to in the definition of “eligible support structure” and “existing tower or base station,” a ny structure built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, pri vate, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated tower site. Tower site: As referred to in the definitions of “substantial change” and “tower” and as used in section 5.1.40, f or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proxi mity to the structure and to other transmission equipment already deployed on the ground. Transmission equipment: As used in section 5.1.40, equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, inc luding, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Treetop facility: A personal wireless service facility consisting of a self -supporting monopole having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown of the tallest tree within twenty-five (25) feet of the monopole, measured above sea level (ASL), and includes associated antennas, mounting structures, an equipment cabinet and other essential personal wireless service equipment. Personal Wireless Service Facility Application REVISED 12/7/2017 Page 10 of 11 TIER I, II, and III Building Permit & or Site Plan APPLICATIONS If this is a Tier I application requiring a building permit, the permit becomes null and void if work or construction authorized i s not commenced within 6 months, or if construction or work is suspended or abandoned for a period of 6 months at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulat ing construction or the performance of construction. By signing this application, the owner and/or their agent hereby grant employees of the Albemarle County Community Developmen t & Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., holidays excepted. By signing this application I certify that the information provided on this application and on supporting documents is correc t and accurate to the best of my knowledge. I also consent and understand that providing incorrect and inaccurate information about the nature of this application renders this application incomplete and it shall have be deemed to have not been officially submitted. Please check which applies: I certify that I am the agent for ___________________________________________________, who is the Owner, and I am authorized to submit this application on behalf of the Owner under the agency. I am neither the Owner nor the Owner’s agent. I certify that w ritten notice of this application, by providing a copy of this application, will be mailed to the Owner at the following address: _____________________________________________________________________________________ within 10 days of today’s date as required by Virginia Code §15.2-2204(H). I understand that, if I do not provide the notice to the Owner as provided herein, the building permit application and every other subsequent approval, permit or certificate related thereto could be determined to be void. I certify that I am the owner. __________________________________________________________________________________ Signature of Owner, Contractor, or Authorized Agent Date ELECTRONIC RECORDS STATEMENT: Albemarle County is cr eating and using electronic records and electronic signatures as allowed by the Uniform Electronic Transactions Act (Virginia Code § 59.1 -479 et. Seq.). As an applicant to the Building Permit process, you may consent to receive, or have online access to, electronic records and receive and create records having electronic signatures related to Building Permits, Correspondence, Inspection Tickets and Certificates of Occupancy (the Building Permit transactions). _____________________________________________________________________________________ Initials of Owner, Contractor or Authorized Agent Date Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct othe r transactions by electronic means. TIER III Special Use Permit APPLICATIONS I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this applic ation. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. ________________________________________________ _____________________________________ Signature of Owner/Agent Date ________________________________________________ _____________________________________ Print Name Daytime phone number of Signatory Personal Wireless Service Facility Application REVISED 12/7/2017 Page 11 of 11 Required FEES to be paid at time of application: What type of Personal Wireless Service Facility are you applying for? ❑ Tier I Facility $113.60 ❑ Tier II Facilities – Site Plan $1,957 ❑ Tier III Facilities – Special Use Permit $2,150 ❑ Amend existing Special Use Permit $1,075 ❑ Special Exception $457 ❑ Notification Requirement for Tier II and Tier III $435 ❑ Building Permit after Tier II or Tier III approval $113.60 *This fee is not collected at the time of initial submittal. This fee, if any, will be calculated by staff and the applicant will be notified of the fee amount and the deadline for payment. If the fee is not su bmitted by the deadline the applicant shall be deemed incomplete. **To be paid after staff review for public notice: Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public n otice are required before a Special Use Permit may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit applications, but the cost of certain applications may be higher. Other FEES that may apply: ➢ Deferral of scheduled public hearing at applicant’s request $194 Resubmittal fees for Tier III Facilities ➢ First resubmission FREE ➢ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,075 ➢ Each additional resubmission of an amendment to an existing SP (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $ 538 ➢ Fees for re-advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the applicant's reques t o Preparing and mailing or delivering up to 50 notice s o Preparing and mailing or delivering, per notice mo re than 50 o Published notice $215 $1.08 plus the actual cost of first- class postage. Cost based on a cost quote from the publisher Architectural Review Board Application - Part A: Applicant,Contact and Parcel Information Project Name: Shentel (Beam) Fixed Wireless-50064 Patterson Mill Tax map and parcel(s): 71-37J Physical Street Address: TBD (207) Patterson Mill Lane Contact Person: Jessie Wilmer-Shentel Site Acquisition Manager Business Name: Shenandoah Cable Television, LLC Address 1150 Shenandoah Village Drive City Waynesboro State VA Zip 22980 Daytime Phone( ) 540-241-5060 Fax#( ) E-mail jessica.wilmer@emp.shentel.com Owner of Record: Patricia W Patterson Address 191 Patterson Mill Lane City Crozet State VA Zip 22932 Daytime Phone( ) 434-823-4681 Fax#( ) E-mail Part B: Review Type and Fee Select review type Review by the Architectural Review Board Conceptual Plan/Advisory Review(for a Special Use Permit or a No Fee Rezoning) X Preliminary/Initial Review of a Site Development Plan No Fee Final Review of a Site Development Plan $1075.00 Amendment to an approved Certificate of Appropriateness $242.00 Building Permit Review $634.00 County-wide Certificate of Appropriateness Structures 750'or more from the EC,no taller than 5 stories No Fee Structures located behind a structure that fronts the EC No Fee X Personal wireless service facilities No Fee Fencing or Equipment or Lighting No Fee Additions to ARB-approved buildings No Fee Minor amendments to site or architectural plans No Fee Building permits where the change is 50%or less of the altered elevation No Fee NOTE: For SIGNS, use the combined APPLICATION AND CHEKLIST FOR SIGNS. FOR OFFICE USE O LA/BP# - ARB#. OaI- GS Fee Amount$ N Fl fatty Brwilt9 _ --celp ' ec ' By County of Albemarle Dept of Community Development,401 McIntire Rd,Charlottesville,VA 22902 Voice:(434)296-5832 Fax:(434)972-4126 10/2015 Page 1 of 2 OVER—> Part C: Description of Proposal Describe your proposal. Attach a separate sheet if necessary. _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Part D: Applicant Agreement Applicant must read and sign Each application package must contain (8) folded copies of all plans and documents being submitted. Only (1) set of building material samples is required. All submittal items, including building material samples, become the property of Albemarle County. Applicants are encouraged to maintain duplicate copies of all submittal items in their own files. Only complete application packages will be scheduled for ARB review. The application package is not complete without the appropriate checklist, completed, signed, and included with the required submittal materials indicated on the checklist. I hereby certify that I own the subject property or have the legal power to act on behalf of the owner in filing this application. *See submittal requirements below. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge, and that the attached plans contain all information required by the appropriate checklist. _____________________________________________ ____________________________________ Signature of owner, owner’s representative Date or contract purchaser _____________________________________________ ____________________________________ Printed name, Title Daytime phone number of Signatory *Ownership Information: If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifyi ng that the person signing above has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner’s written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Attach the owner’s written consent. 11/2010 Page 2 of 2 OVER → 1150 SHENANDOAH VILLAGE DRIVE – W AYNESBO RO, VIRGINIA 22980 May 18, 2021 County of Albemarle Department of Community Development Attn: Rebecca Ragsdale 401 McIntire Road Charlottesville, VA 22902 RE: Shentel (BEAM) Fixed Wireless Tier II PWSF Application 50064 Patterson Mill Dear Ms. Ragsdale ; Shenandoah Cable Television, LLC (‘SHENTEL FIXED WIRELESS’) requests the consideration of Albemarle County for an Application for Tier I I personal wireless service facility located on property owned by Patricia W. Patterson, described as tax parcel 71-37J , and zoned RA in the Samuel Miller District. The proposed wireless service facility is located at 207 Patterson Mill Lane, Crozet. SHENTEL FIXED WIRELESS is in the process of developing a Fixed Wireless Broadband internet network for portions of Albemarle County. This is an exciting opportunity for Shentel to provide broadband internet to the underserved rural communities in Albemarle County, who would otherwise be unable to obtain fast reliable broadband internet. This new service will be branded as Beam Internet by Shentel. Beam by Shentel is a carrier grade 5G ready network that far surpasses normal 15 Mbps of traditional DSL in rural areas. Beam provides (3) pa ckages of speeds of up to 25 Mbps, 50 Mpbs and 100 Mpbs depending on your number of users or needs of the customer. Available speeds depend on the signal strength, proximity to the tower, terrain and leaf cover. Packages include all necessary equipment including Wi-Fi router. You may visit iwantbeam.com for more information. Once a tower is active, SHENTEL FIXED WIRELESS team will market only to those underserved homes that do not have cable modem or fiber options available to them and have a reasonable chance of having sufficient Beam signal. SHENTEL FIXED WIRELESS commercially launched its new Beam fixed wireless service on October 5, 2020. To date, we have activated (7) new cell sites to cover underserved portions of Albemarle County, (6) of which we partnered with Albemarle County through the CARES Act funding to activate. Of those (7) cell sites, Beam will cover over 3,000 underserved County residents. In 2021, we have activated a new site at Afton Mountain and are proposing (2) more sites at Patterson Mill (Crozet) and Chiles Mountain (south of Batesville). SHENTEL FIXED WIRELESS is requesting a Tier II Application to construct a new PWSF on the property on Patterson Mill Lane . There is an existing 90’ Tier II treetop pole owned by Verizon Wireless built in 2001 directly adjacent to the SHENTEL FIXED WIRELESS proposed PWSF. With this proposal, SHENTEL FIXED WIRELESS is proposing to construct a new 98.5’ treetop monopole with in a 30’x30’ leased ground area. The 87.92’ White Oak identified on the site plan as Reference Tree #84 has a dripline that is located 7.8 feet from the proposed monopole tower, as shown on Sheet P - 1 of the enclosed plans. As shown on sheet A -2 of the enclosed plans, the Reference Tree has a top elevation of 763.93’ above mean sea level. The proposed monopole tower will have a top elevation of 773.93’ above mean sea level, 10’ above Reference Tree #84. The proposed 98.5’ monopole meets the 1:1 setback to property lines to the south, east and west. It does not meet the 1:1 setback to the property lines to the north from Interstate 64 (see sheet R-1 of the enclosed 2 plans). Section 5.1.40c3 of the Zoning Ordinance allows the tower’s fall zone within the right-of -way of a public s treet (Interstate 64) with the review from the Virginia Department of Transportation. Attached is an email dated 4/26/21 to Adam J. Moore, Asst. Resident Engineer – Land Use Charlottesville Residency, VDOT Charlottesville Residency comments. SHENTEL FIXED WIRELESS is proposing to install (3) panel flush mounted antennas at the 95’ radiation center and a flat panel microwave dish on the monopole below the antennas. The proposed antennas and dish will meet the current size and mounting standoff/projection requirements pursuant to 5.1.40b2 of the Zoning Ordinance. SHENTEL FIXED WIRELESS is proposing to fence 20’x20’ of the 30’x 30’ ground lease area that will accommodate base station equipment and utilize the existing access road already established for the adjacent Verizon PWSF from Patterson Mill Lane. Because we are using the existing driveway, VDOT is requiring us to upgrade the entrance. An application for a low volume commercial entrance is in process with VDOT. The propose d Tier II PWSF has minimal visual impact on the surrounding area. Attached are photographic simulations along with an index map. There are only three (3) locations the PWSF is visible for very brief moments: 1) traveling west on Interstate 64, briefly looking south, 2) traveling east on Interstate 64, briefly looking south and 3) traveling east on Interstate 64, looking east near the Crozet entrance ramp. As proposed, the Tier II PWSF is located outside of the Greenwood-Afton Rural Historic District. The site is approximately 1,500 ft. to the east of the closest parcel with in the historic district. Several photographs were taken from all NRHP and county sites within ½ mile radius of the VAHDR’s GIS identified sites. The proposed site is not visible from any of these locations and are shown on the attached. The proposed Tier II PWSF is located within an Entrance Corridor. Attached as is the Architectural Review Board Application for review. This proposed site will serve approximately 1,085 homes with Beam fixed wireless broadband internet that are currently underserved with only unreliable DSL or satellite internet services. The speeds and coverage offered by Beam to those customers will dissolve the digital divide experienced by those who go to school, live and work in the rural portions of Albemarle County surrounding the proposed facility, with minimal visual impact on the surrounding area . I look forward to receiving your comments regarding this proposal. Within 10 days of this application submittal, I will contact you to set up the required balloon simulation test on site. Please feel free to contact me if you need additional information. Please send any correspondence to me by email to jessica.wilmer@emp.shentel.com and vlong@williamsmullen.com. Sincerely, Jessie Wilmer Shentel Site Acquisition Manager (540) 241-5060 Attachments From:Brandon Blake To:Jessica Wilmer; Curtis Paxton Subject:FW: Shentel 50064 Yancey Mills (Proposed Monopole Tower) Patterson Mill Lane, Crozet, VA Date:Monday, April 26, 2021 10:19:48 AM Attachments:image002.png Please see below from VDOT regarding the road entrance. I’m reading the low volume commercial standard now in the link he sent. Brandon Blake Brandon Blake | Site Acquisition Specialist II Office: (304) 759-7105 | Mobile: (304) 651-8174 I Brandon.Blake@emp.Shentel.com From: Moore, Adam <adam.moore@vdot.virginia.gov> Sent: Monday, April 26, 2021 9:53 AM To: Brandon Blake <Brandon.Blake@emp.shentel.com> Subject: Re: Shentel 50064 Yancey Mills (Proposed Monopole Tower) Patterson Mill Lane, Crozet, VA Hi Brandon, I don't have concerns with the proximity to I-64. However, I do need some info on the entrance. It appears that you're planning to use an existing driveway. The cell tower will require that entrance to meet low volume commercial standards. Please see Appendix F of the VDOT Road Design Manual. Adam J. Moore, P.E. Asst. Res. Engr. - Land Use Charlottesville Residency Virginia Department of Transportation 434-422-9782 adam.moore@VDOT.Virginia.gov On Mon, Apr 26, 2021 at 9:40 AM Brandon Blake <Brandon.Blake@emp.shentel.com> wrote: Good morning Mr. Moore – Shentel is proposing to construct a monopole tower located at Patterson Mill Lane, Crozet, on Albemarle County tax parcel 71-37J and owned by Patricia W. Patterson. The proposed tower location is on the south side of I-64, east of the Rt 250/I-64 interchange and nearly .25 miles from the VDOT Yancey Mills Area Headquarters. The proposed tower height is 97.9’ and is 10’ above the tallest tree within 25’ of the tower. Shentel is currently preparing a Tree Survey. Pursuant to section 5.1.40(c)(3) of the Albemarle County zoning ordinance (copied below), the proposed new pole will not meet the 1:1 setback to the property line along I-64 (see sheet R-1 of the attached drawings). This proposed tower location is adjacent to the existing Verizon tower and Verizon’s tower does not currently meet the 1:1 setback to I-64. I would appreciate it you could review the attached proposal by Shentel and comment if VDOT has any comments and/or concerns with the proposed tower location in regards to the right-of-way. Shentel will be submitting an application to construct this tower to Albemarle County upon receipt of your comments. Thank you. Brandon Blake Brandon Blake | Site Acquisition Specialist II Office: (304) 759-7105 | Mobile: (304) 651-8174 I Brandon.Blake@emp.Shentel.com ______________________________________________________________________ CAUTION: This email originated from outside of the Shentel organization. Do not follow guidance, click links, or open attachments unless you know the content is safe. ______________________________________________________________________ Site Name: Yancey Mill Site I.D. 50064 SITE AGREEMENT THIS SITE AGREEMENT ("Agreement") is entered into this 0� day of a__j_ , 2021, between PATRICIA W. PATTERSON ("OWNER"), and SHENANDOAH MOBILE, LLC, a Virginia limited liability company ("TENANT"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises and Use. A. OWNER, as the owner of real property as described in Exhibit A ("Property"), leases to TENANT land consisting of approximately 900 square feet (30' x30') upon which TENANT will construct its antenna structure ("Tower"), building, utilities, cable and conduit, communications equipment and antennas (collectively, the "Site") in the location(s) shown on Exhibit A, together with a non-exclusive easement(s) for utilities and unrestricted ingress and egress on foot or motor vehicle over, under, or along the easement extending from the nearest public right-of-way to the Site, all as shown on Exhibit A. TENANT will use the Site in a manner which will not unreasonably disturb the occupancy of OWNER or other tenants. TENANT shall have unencumbered access to the Site 24 hours per day, 7 days per week. The Site may be used by TENANT (its sublessees and/or Licensees) for (i) installing, removing, replacing, modifying, maintaining and operating communications systems including, without limitation, personal communications service, cellular, paging, radio, CATV, microwave and communications facilities which may include, without limitation, antenna arrays, dishes, fiber optic facilities, cables, wires, equipment shelters and buildings, electronics equipment, generators, fuel tanks, accessories, related fixtures and fencing (collectively, the "Telecommunications Facilities") and, if the Site includes real property, communications towers and (ii) such other uses as permitted by law. Further, TENANT (its sublessees and/or licensees) shall have the right to conduct Feasibility Tests on the Site and OWNER's Property to determine the suitability of the Site for TENANT's (its sublessees' and: or licensees') intended operations. B. OWNER acknowledges that TENANT has leased the Site to construct thereon a Tower, which may be up to 150 feet in height, as part of its Site and Telecommunications Facilities ("TENANT's Property"). OWNER covenants and agrees that no part of the improvements installed, constructed, erected or placed by TENANT on the Site will be or become, or be considered as being, affixed to or a part of OWNER's real property of which the Site is a part. Any provisions and principles of law to the contrary notwithstanding, it is the specific intention of OWNER and TENANT that all of such improvements, including without limitation, the Tower, will be and remain the property of TENANT despite any default or termination of this Agreement and may be removed by TENANT at any time in TENANT's discretion provided that TENANT, at its expense, restores the Site, as near as practicable, to its condition prior to such improvements save and except utilities and fences installed, access areas improved, removal of vegetation for construction purposes, concrete pads, foundations, footings and guy anchors installed, items constructed or changed by any person(s) or entity(ies) other than TENANT, normal wear and tear, and actions beyond TENANT's control. C. TENANT may install and maintain a fence around the Site and/or the Tower or other parts of the Telecommunications Facilities as TENANT determines is reasonable for proper and efficient operation and protection. TENANT also may improve the Site by grading, graveling or paving as TENANT determines is reasonable for the proper and efficient construction of the Tower and Telecommunications Facilities. 2. Term. The initial term of this Agreement is five (5) years (the "Initial Term"), commencing on the first day of the month following the date both TENANT and OWNER have executed this Agreement ("Commencement Date"). This Agreement will be automatically renewed for nine (9) additional terms (each a "Renewal Term") of five (5) years each, unless TENANT provides OWNER notice of intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. Upon the Commencement Date, TENANT shall have access to the Property to perform such tests and studies as TENANT may deem necessary to determine the suitability of the Site for TENANT's intended operations. OWNER shall reasonably cooperate with such tests and studies, provided TENANT does not unreasonably interfere with the operation of the Property. 3. Rent. Until the date, which is the first day of the month following the commencement of construction on Site, (until increased as set forth herein) on the first day of each month, partial months to be prorated, in advance Page 1 of 10 Site Name: Yancey Mill Site I.D. 50064 4. Title and Quiet Possession. OWNER represents and agrees (i) that it is the fee owner of the Site; (ii) that it has the right to enter into this Agreement; (iii) that the person signing this Agreement has the authority to sign; (iv) that TENANT is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as TENANT is not in default beyond the expiration of any cure period; (v) that OWNER shall not have unsupervised access to the Site or to the Telecommunications Facilities; (vi) that the Site is free and clear of any restrictive covenants, restrictions, liens or mortgages (other than mortgages for which a non -disturbance agreement has been executed), which would interfere with TENANT's rights to or use of the Site; and (vii) that the execution and performance of the Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the OWNER. 5. Assignment. A. TENANT shall have the right, with written notice to OWNER, but without OWNER's consent, to assign its rights hereunder to TENANT's affiliates, subsidiaries or to any entity which acquires all or substantially all of TENANT's assets by reason of a merger, acquisition or other business reorganization. As to any other assignment, TENANT shall have the right to assign its rights under this Agreement with notice to OWNER, but without OWNER's consent, provided that any assignee to this Agreement agrees to assume all of TENANT's obligations to be performed hereunder. The parties agree that a pledge of, or grant of a security interest in this Agreement to any lender(s) of TENANT or its affiliates, or by OWNER, for the purpose of securing indebtedness, shall not require the consent of the other party and is hereby authorized. Notwithstanding the foregoing provision, TENANT warrants and represents that OWNER will have no liability or obligations with respect to any indebtedness or loans of TENANT. B. Should OWNER, at any time during the term of this Agreement, sell all or any part of the Property of which TENANT's Site is a part, such sale shall be subject to this Agreement. C. If at any time after the execution of this Agreement, OWNER receives, and seriously considers accepting a bona fide written offer from a third party seeking to obtain an easement, which easement includes the Site, for any purpose, or an assignment of this Agreement, or rights to the rental stream thereunder ("Offer"), OWNER shall immediately furnish TENANT with a copy of the Offer. TENANT shall have the right, within sixty (60) days after it receives a copy of the Offer, to match the terms thereof ("Counteroffer"), with such Counteroffer to be in a form substantially similar to the Offer. If TENANT chooses not to exercise this right of first refusal or fails to provide a written Counteroffer to OWNER within the thirty (30) days period, OWNER may grant the aforesaid easement or assign the Agreement, including the rental streams, on the same terms and conditions offered to TENANT, subject to the terms of this Agreement. If OWNER attempts to assign this Agreement or the ownership of the rental stream, or grants an easement to a third party without fully complying with the terms and conditions herein, such a transfer shall be void and of no further force and effect. OWNER agrees to indemnify TENANT for any and all claims associated with such a transfer. D. The transfer of the ownership of the entire Property by OWNER to another party through a bona fide sale, the devise of the Property pursuant to any Last Will and Testament; or the passage of title through any survivorship provisions set forth in the chain of title to the Property shall not be defined as a transfer to a third party pursuant to this Section. 6. Subleasing. TENANT shall have the right to sublease its rights under this Agreement without (i) notice to, or (ii) consent of OWNER. TENANT shall, however, incorporate the terms of this Agreement in any sublease documentation with tenants, and all tenants shall abide by and be subject to the applicable terms and conditions hereof. 7. Notices. Any notice or demand permitted or required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable national overnight courier (such as UPS, Fed -Ex) to the address of the respective parties set forth below. All notices must be in writing and are effective upon delivery. Either party may change the address for notice upon written notification to the other. TENANT: Shenandoah Mobile, LLC Attn: Lease Administration P.O. Box 459 500 Shentel Way Edinburg, VA 22824 Copy to: Shenandoah Mobile, LLC Attn: General Counsel Page 2 of 10 OWNER: Patricia W. Patterson 191 Patterson Mill Lane Crozet, VA 22932 Telephone: 434-823-4681 Site Name: Yancey Mill Site I.D. 50064 P.O. Box 459 500 Shentel Way Edinburg, VA 22824 8. Improvements. TENANT may, at its expense, make such improvements on the Site, as it deems necessary from time to time for the operation of the Site. OWNER agrees to cooperate with TENANT with respect to obtaining any required zoning approvals for the Site and such improvements, and agrees that TENANT may act as OWNER's agent in obtaining the required jurisdictional permitting to accomplish the objectives of this Agreement. Upon termination or expiration of this Agreement, TENANT may remove its equipment and improvements and restore the Site, as near as practicable, to its condition prior to such improvements (save and except utilities and fences installed, access areas improved, removal of vegetation for construction purposes, concrete pads, foundations, footings and items constructed or changed by any person(s) or entity(ies) other than TENANT, normal wear and tear, and actions beyond TENANT's control). 9. No Liens. OWNER will not permit any mechanics' or materialmen's or other liens on the Site, Tower or Telecommunications Facilities for any labor or material furnished at OWNER's request pursuant to this Agreement ("Owner Lien"). If an Owner Lien has been filed against the Site, Tower or Telecommunications Facilities and a final judgment on the Owner Lien is adverse to OWNER, OWNER shall pay the determined amount of Owner Lien with all costs, fees and charges, thereby releasing such Owner Lien. OWNER shall have the right to contest the validity, nature or amount of any such Owner Lien, but upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and shall have the lien released at its own expense. 10. Compliance with Laws. OWNER represents that OWNER's property (including the Site), and all improvements located thereon, are in substantial compliance with building, life safety, disability and other laws, codes and regulations of applicable governmental authorities. TENANT will substantially comply with all applicable laws relating to its possession and use of the Site. 11. Interference. TENANT will resolve technical interference problems with OWNER's equipment located at the Property upon turn up of the Telecommunications Facilities. Likewise, OWNER will not permit or suffer the installation of any future equipment, or modification of existing equipment on the Property, which (i) results in technical interference problems with TENANT's use of the Site or (ii) encroaches onto the Site. In the event any future lessee's or licensee's equipment causes interference to TENANT's Telecommunications Facilities ("Interfering Party"), TENANT shall notify OWNER in writing of such interference and OWNER shall cause the Interfering Party to take steps necessary to correct such interference. If within ten (10) days of OWNER's receipt of such notice of interference and the Interfering Party has failed to correct such interference, OWNER shall require such Interfering Party to cease operations until such interference is corrected. The parties acknowledge that continuing interference will cause irreparable injury to TENANT and TENANT shall have the right, in addition to any other rights that it may have at law or equity, to bring an action to enjoin the interference or to terminate this Agreement. 12. Utilities. OWNER represents that utilities adequate for TENANT's use of the Site are available. TENANT will pay for all utilities used by it at the Site. OWNER will cooperate with TENANT in TENANT's efforts to obtain utilities from any location provided by OWNER or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. In the event any utility is unable to use the easement defined in Section I(A) for technological, financial or other reasons, the OWNER hereby agrees to grant an additional easement either to TENANT or to the utility entity at no cost to TENANT. 13. Approvals. Throughout the lease Term, as may be extended, TENANT, at TENANT's expense, shall be responsible for obtaining all licenses, permits, easements and other approvals required by utility companies and/or any federal, state or local authority for TENANT's use of the Site and'or operation of the Telecommunications Facilities (collectively, "Approvals"). OWNER agrees to cooperate with TENANT in obtaining and/or maintaining, at no expense to OWNER and at no additional expense to, or consideration from TENANT, such Approvals required for TENANT's proposed use of the Site and/or operation of the Telecommunications Facilities, including, without limitation, the execution and notarization of, and delivery to TENANT within fifteen (15) calendar days of OWNER's receipt thereof, all documents required for such Approvals. 14. Termination. TENANT may terminate this Agreement at any time by notice to OWNER without further liability if TENANT does not obtain all permits or other approvals (collectively, "approval") required from any governmental authority or any easements required from any third party to operate the Site, or if any such approval is canceled, expires or is withdrawn or terminated, or if OWNER fails to have proper ownership of the Site or authority to enter into this Agreement, or if TENANT, for any other reason, in its sole discretion, determines that it will be unable to use the Site. Upon termination, all prepaid rent will be retained by OWNER Page 3 of 10 Site Name: Yancey Mill Site I.D. 50064 unless such termination is due to OWNER's failure of proper ownership or authority, or such termination is a result of OWNER's default. 15. Default. If either party is in default under this Agreement for a period of (i) 15 days following receipt of notice from the non - defaulting party with respect to a default which may be cured solely by the payment of money, or (ii) 30 days following receipt of notice from the non -defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non -defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non -monetary default may not reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period and proceeds with due diligence to fully cure the default. 16. Indemnity. OWNER and TENANT each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and or occupancy of the Site by the indemnifying party. This indemnity does not apply to the extent claims arise from the negligence or intentional misconduct of the indemnified party. The indemnity obligations under this Paragraph will survive termination of this Agreement. 17. Hazardous Substances. OWNER represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. TENANT will not introduce or use any such substance on the Site in violation of any applicable law. 18. Subordination and Non -Disturbance. OWNER will use diligent efforts to obtain a non -disturbance agreement reasonably acceptable to TENANT from the holder of any mortgage or deed of trust on the Property providing that so long as TENANT is not in default under this Agreement, such holder shall not, nor shall any trustee or other party in the exercise of any rights under any deed of trust or other security document, disturb or interfere with TENANT's right to remain in possession of the Site or TENANT's right to enjoy all of the rights and privileges set forth in this Agreement. 19. Taxes. TENANT will be responsible for payment of all real estate or personal property taxes assessed directly upon and arising solely from its improvements and use of the Telecommunications Facility on the Site. OWNER will pay when due all real estate taxes and assessments attributable to the property of OWNER of which the Site is a part. TENANT agrees to reimburse to OWNER any increase in real property taxes attributable solely to any improvements to the Site made by TENANT and assessed against OWNER, within 30 days after receipt of satisfactory documentation from OWNER indicating (i) payment of the real property taxes by OWNER, (ii) the amount of the taxes, and (iii) TENANT's share thereof. 20. Insurance. TENANT will procure and maintain commercial general liability insurance, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance naming the OWNER as additional insured to be furnished to OWNER. TENANT and OWNER hereby waive its right of recovery against the other for any loss or damage covered by any insurance policies maintained by the waiving party. TENANT and OWNER will each request its insurance carrier to include in policies provided pursuant to this Agreement an endorsement recognizing this waiver of subrogation. 21. Maintenance. TENANT will be responsible for repairing and maintaining the Telecommunications Facilities and any other TENANT improvements at the Site in a proper operating and reasonably safe condition. OWNER, at OWNER's expense, shall be responsible for repairing and maintaining the Property, exclusive of TENANT's improvements. together with all other improvements located thereon, including, without limitation, existing landscaping, buildings and driveways. All maintenance by either party shall be performed in a good workmanlike manner and in compliance with all governmental laws. Any OWNER maintenance or repair work immediately adjacent to the Site shall be coordinated with TENANT and shall be conducted in such a manner as to prevent interference with TENANT's Telecommunications Facilities. If OWNER fails to maintain or repair the Property, then TENANT may, after thirty (30) days prior written notice to OWNER, make the necessary repairs and the costs thereof shall be payable to TENANT by OWNER on demand. Page 4 of 10 Site Name: Yancey Mill Site I.D. 50064 22. Arbitration. If a dispute arises between the parties relating to the interpretation or performance of this Agreement or the grounds for the termination thereof, the parties agree to meet to try to resolve the dispute. Such meeting shall be attended by individuals with decision -making authority to attempt, in good faith, to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within thirty (30) days after such meeting, the parties have not resolved the dispute to their mutual satisfaction, the dispute shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association currently in effect and such arbitration shall be final and binding. Arbitration shall be commenced by written demand made in a timely manner by either party to the American Arbitration Association with a copy to the other party. Any written demand for arbitration will be deemed timely only if it is made before the date when institution of legal proceedings based upon such claim would be barred by the applicable statute of limitations in effect in the state in which the Site is located. The arbitration shall be held in the county and state in which the Site is located unless the parties mutually agree upon another location and shall be heard by three (3) arbitrators. Such arbitrators shall be selected by mutual agreement of the parties, or failing such agreement, each party shall select one (1) arbitrator and the two (2) selected arbitrators shall mutually agree upon the selection of a third (3rd) arbitrator. The award rendered by the arbitrators shall be final and binding, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The substantially prevailing party in any such arbitration shall be entitled to reasonable attorneys' fees and costs from the other party in an amount to be determined by the arbitrators. The substantially prevailing party in any judicial enforcement or review proceeding concerning the arbitration shall also be entitled to reasonable attorneys' fees and costs from the other party in an amount to be determined by the court. This paragraph shall survive any expiration or termination of this Agreement and shall continue to be enforceable in the event of the bankruptcy of a party. 23. Condemnation. If the whole Property or a portion thereof which adversely affects TENANT's use of the Site (as determined by TENANT in TENANT's reasonable discretion) is permanently condemned or taken for public purposes, or sold to a condemning authority under threat of a condemnation to prevent a taking, TENANT shall have the right to terminate this Agreement as of the day of the taking, condemnation or sale by giving OWNER written notice thereof. If the whole Property or a portion of the Property is temporarily condemned or taken for public purposes and such temporary condemnation or taking exceeds thirty (30) days, TENANT shall have the right to terminate this Agreement by giving OWNER written notice thereof at any time after such thirty (30) day period but prior to the termination of such temporary condemnation or taking. With regard to any taking, condemnation or sale, OWNER shall be entitled to the condemnation award for the Property; however, TENANT shall be entitled to recover from such condemning authority any award based upon its leasehold interest as set forth in this Agreement, along with the value of all of TENANT's improvements, including, but not limited to, the Tower, the Telecommunications Facilities, prefabricated buildings, generators, fencing and any other improvements, and for all of TENANT's other personal property, trade fixtures, fixtures, moving expenses, business damages, business interruption, business dislocation, or other losses or expenses as may be incurred. Upon the termination of this Agreement pursuant to this paragraph 22 due to a condemnation, taking or sale in lieu thereof, OWNER shall refund to TENANT any prepaid rent for the period after the effective date of the condemnation, taking or sale. If this Agreement is not terminated in the event of any condemnation, taking or sale in lieu thereof but TENANT is unable to use the Site due to such condemnation, taking or sale, the rent payable by TENANT pursuant to this Agreement shall abate during the period of time that TENANT is unable to use the Site. Further, if this Agreement is not terminated in the event of a condemnation, taking or sale and adequate ground space exists for the erection of a temporary tower on the remaining portion of the OWNER'S Property which is not the subject of the condemnation, taking or sale, TENANT, at TENANT's expense, shall have the right, but not the obligation, to erect a temporary tower on such remaining portion of OWNER's Property for TENANT's exclusive use. 24. Disconnection. OWNER shall not remove or disconnect the Antennas or Telecommunications Equipment in any way unless: (i) it is necessary to prevent bodily injury or material property damage; or (ii) prior written notice is given to TENANT and TENANT approves such disconnection. 25. Conditions Precedent. TENANT's obligation to perform under this Agreement shall be subject to and conditioned upon ("Conditions"): A. TENANT securing appropriate approvals for TENANT's intended use of the Site from any other Federal, state or local regulatory authority having jurisdiction over TENANT's proposed use of the Site ("Governmental Approval") and all other Approvals. B. TENANT may conduct radio frequency propagation studies ("RF Studies") on the Property. If the RF Studies do not provide results satisfactory to TENANT, TENANT shall have no obligation to perform under this Agreement. C. TENANT securing consistent and reliable services at agreed upon rates and in sufficient capacities for electricity, broadband telecommunications data lines and other services required or appropriate for the operation of the Telecommunications Facilities. Page 5 of 10 Site Name: Yancey Mill Site I.D. 50064 D. TENANT's inability to successfully satisfy any of these conditions or the occurrence of any other event which effectively prohibits TENANT's intended use of the Site shall relieve TENANT from any obligation to perform under this Agreement and shall entitle TENANT to terminate this Agreement and obtain restitution of any Rent which may have been paid in advance to OWNER if TENANT gives notice to OWNER of such failure to satisfy the Conditions within ninety (90) days after the Commencement Date. TENANT is not obligated to commence commercial operations until all Conditions have been satisfied. 26. Miscellaneous. (i) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (ii) this Agreement is governed by the laws of the state in which the Site is located; (iii) If requested by TENANT, OWNER agrees promptly to execute and deliver to TENANT a recordable Memorandum of this Agreement in the form of Exhibit B; (iv) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties; any amendments to this Agreement must be in writing and executed by both parties; (v) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (vi) the prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. 27. Confidentiality. The parties shall keep confidential the terms and conditions of this Agreement, except as reasonably necessary for performance hereunder and except to the extent disclosure may be required by applicable laws or regulations, in which latter case, the party required to make such disclosure shall promptly inform the other party prior to such disclosure to enable that party to make known any objections it may have to such disclosure. 28. Non -Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. (Signatw•es on the folloiving page.) Page 6 of 10 Site Name: Yancey Mill Site I.D. 50064 Witness the following signatures and seals: OWNER: PATRICIA W. PATTERSON By: � (SEAL) Patricia W. Patterson Date: _Li / / ,�2 ! �;L 0 �_ TENANT: , LLC By: - 1v v . - . - __ -- (SEAL) Wil am L.ryPiirt`, Senior Vice President -Sales & Marketing Date: � • w 11 ********************************************* COMMONWEALTH OF VIRGINIA OUNTY CITY OF At , To -Wit: My The foregoing Site Agreement was acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, on this day of t , 2021, by Patricia W. Patterson, the "OWNER" herein. aL.v r�.'- 21 VA I Z© 2-If OF VIRGINIA TM COMMISSION (SEAL�}90826 OF VIRGINIA AT LARGE, To -Wit: Notary Public The foregoing Site Agreement was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia At Large, in Shenandoah County, Virginia, on this o20"day of a. _.� , 2021, by William L. Pirtle, Senior Vice President Sales & Marketing, on behalf of Shenandoah Mobile, LLC, a Virginia limited liability company, as "TENANT" herein. My commission expires: ' 0-06L,3 _ . 19) Lynda S. Burner �J a forCommonwealth of Virginia Notary Public (SEAL)Notary Public Commission No. 169110 My Commission Expires V31/2023 ATTACHED EXHIBITS: Exhibit A: Property! Site Description Exhibit B: Memorandum Exhibit C: Site Access & Information Page 7 of 10 Site Name: Yancey Mill Site I.D. 50064 EXHIBIT A "PROPERTY" Site Description Site situated at Patterson Mill Lane, Crozet, Virginia 22932 Legal Description: Yancey by Deed dated January 22, 1983 and recorded in Deed Book 755, Page 0624. PARCEL 7: All that certain tract or parcel of land with appurtenances thereunto belonging, located at Yancey's Mill in Albemarle County, Virginia, containing 8.02 acres more or less, and being a portion, and the residue of a larger parcel conveyed to Franklin W. Yancey by deed of Annie D. Yancey, widow, of record in said Clerk's Office in Deed Book 269, Page 193, less and excepting a parcel containing 4.02 acres being more particularly described as Parcel A on plat of Steven L. Key, Land Surveyor, dated September 29, 1988, attached to Deed recorded in Deed Book 1025, Page 0207 which parcel is reserved and excepted LESS AND EXCEPT that portion of property conveyed to Rachel Kay Patterson Collins and Luke Bradford Collins from Roger W. Patterson and Patricia W. Patterson by Deed dated April 1, 1994 and recorded in Deed Book 1399, Page 0320. LESS AND EXCEPT that portion of property conveyed to Rachel Kay Patterson Collins and Luke Bradford Collins from Roger W. Patterson and Patricia W. Patterson by Deed of Gift dated December 22, 1999 and recorded in Deed Book 1884, Page 0481. AND BEING a portion of the same property conveyed to Roger W. Patterson and Patricia W. Patterson from Franklin W. Yancey by Deed dated November 30, 1988 and recorded December 1, 1988 in Deed Book 1025, Page 0207. Tax Parcel No. 07100-00-00-037JO SEE ATTACHED DRAWINGS OWNER Initials LU TENANT Initials Note: OWNER and TENANT may, at TENANT's option, replace this Exhibit with an Exhibit setting forth the legal description of the property on which the Site is located and/or an as -built drawing depicting the Site. Page 8 of 10 S~ 03^- & W ON r� dd W p ic. iu �a w i (D Z. 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Site Name: Yancey Mill Site I.D. 50064 EXHIBIT B Prepared By and Return To: Shenandoah Mobile, LLC Tax Parcel # 07100-00-00-037JO P.O. Box 459 500 Shentel Way Edinburg, Virginia 22824 Telecommunications Facility Memorandum of Site Agreement THIS MEMORANDUM OF SITE AGREEMENT ("Memorandum") is made this day of , 2021, by and between PATRICIA W. PATTERSON whose address is 191 Patterson Mill Lane, Crozet, VA 22932 ("OWNER") and SHENANDOAH MOBILE, LLC, a Virginia limited liability company, whose address is P. O. Box 459 (500 Shentel Way), Edinburg, VA 22824 ("TENANT"). OWNER owns certain real property situate in Albemarle County as more particularly described on Exhibit A hereto (the "Property"). 2. Pursuant to that certain Site Agreement between OWNER and TENANT dated the _ day of , 2021 (the "Agreement"), OWNER leases to TENANT, and TENANT leases from OWNER, the Property on the terms set forth in the Agreement, together with a right of ingress and egress to and from the public road. 3. The initial term of the Agreement is five (5) years, commencing on. , unless sooner terminated pursuant to the terms of the Agreement years each. and terminating on There are nine (9) renewal options of five (5) 4. The Agreement does contain a "Right of First Refusal" option in favor of TENANT. 5. OWNER permits TENANT to act as OWNER's agent to apply for jurisdictional permitting as needed to accomplish the objectives set forth in the Agreement. 6. This Memorandum is prepared for the purpose of recordation and it in no way modifies the provisions of the Agreement. All provisions of the Agreement are incorporated in this Memorandum by this reference. IN WITNESS WHEREOF, OWNER and TENANT have executed this Memorandum as of the day and year first above written. OWNER: PATRICIA W. PATTERSON TENANT: SHENANDOAH MOBILE, LLC IN By: Patricia W. Patterson William L. Pirtle, Senior Vice President Sales & Marketing **************************** STATE OF COUNTY CITY OF , To -Wit: The foregoing Memorandum of Site Agreement was acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, on this day of , 20_, by _ the of , the "OWNER" herein. My commission expires: (SEAL) Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, To -Wit: The foregoing Memorandum of Site Agreement was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia At Large, in Shenandoah County, Virginia, on this day of , 2021, by William L. Pirtle, Senior Vice President Sales & Marketing, on behalf of Shenandoah Mobile, LLC, a Virginia limited liability company, "TENANT" herein. My commission expires: (SEAL) OWNER Initials U TENANT Initials Page 9 of 10 Notary Public Site Name: Yancey Mill SITE ADDRESS: MUNICIPALITY STATE: COUNTY: LATITUDE: EXHIBIT C SITE ACCESS AND INFORMATION TBD Patterson Mill Lane Crozet Virginia Albemarle 38.0396143 OWNER/SITE MANAGER: Patricia Patterson SITE BULDING CONTACT: SITE BUILDING ENTRY PROCEDURES: NORMAL HOURS: AFTER NORMAL HOURS AND WEEKEND: LONGITUDE:-78.71546V PHONE NO. 434-8234681 PHONE NO. Site ID: 50064 NOTE: TENANT may, at its option, replace this Exhibit with a revised Exhibit once additional information to complete this Exhibit becomes available. Page 10 of 10 50064 Patterson Mill 98.5’ Monopole Tower (Proposed) Greenwood -Afton Rural Historic District Photo Simulations Proposed 50064 Photo #1 Photo #2 Photo #3 q' Z50004 PHOTOINDEX � © -� �� � 4\ : �`� �»� \� x \ _ � &� 2 t<i %.z� �� ` �` ® d2:� Alf Ih�� �> J f oCAgat% S frOdld4='i, d its V ° E � IR 6 yr_ :mpp �! f lu � j`ry fh ti U 14 ; 44 tl r!� 14 Y �.A•I I 4 I r _e I) N • l* M Albemarle County Augusta County Nelson County 50064 Patterson Mill Proposed FW Coverage Proposed FW Coverage Depicted coverage is based on many factors and can change depending on field conditions, including t errain, trees, and other obstacles. Serviceability will be determined at the time of installation. Albemarle County Augusta County Nelson County 50064 Patterson Mill Proposed FW Coverage Proposed FW Coverage Depicted coverage is based on many factors and can change depending on field conditions, including t errain, trees, and other obstacles. Serviceability will be determined at the time of installation. Albemarle County Augusta County Nelson County 50064 Patterson Mill Proposed FW Coverage Proposed FW Coverage Depicted coverage is based on many factors and can change depending on field conditions, including t errain, trees, and other obstacles. Serviceability will be determined at the time of installation. Underserved Home Albemarle County Augusta County Nelson County 50064 Patterson Mill Proposed FW Coverage Proposed FW Coverage Depicted coverage is based on many factors and can change depending on field conditions, including t errain, trees, and other obstacles. Serviceability will be determined at the time of installation. Underserved Home