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HomeMy WebLinkAboutSDP201300049 Application 2013-09-06 r - 21111114,A Albemarle Coc� y Community Development Department _ t m 401 ..._.•.tire Road Charlottesville,VA 22902-4596 Planning Application Voice (434)296-5832 Fax.(434)972-4126 f'JRGIN�P PARCEL/ OWNER INFORMATION TMP 03300-00-00-001A0 Owner(s): ROMANAC, MARTIN 3 ESTATE Application # SDP20I300049 PROPERTY INFORMATION Legal Description ACREAGE Magisterial Dist. Rivanna Land Use Primary Residential --Single—family(incl. modular homes) Current AFD Not in A/F District Current Zoning Primary Rural Areas APPLICATION INFORMATION Street Address 4575 SEMINOLE TRL CHARLOTTESVILLE, 22911 Entered By Todd Shifnett Application Type Site Development Plans 09/09/2013 Project Romanac Property-AT&T Wireless Facility Received Date '09/06/13 Received Date Final Submittal Date 09/09/13 Total Fees 1820 Closing File Date Submittal Date Final Total Paid 1820 Revision Number Comments Legal Ad SUB APPLICATION(s) 7 Type'. - - ,.Sub°Applicati Comment ; r..n.':t!:64rv6,.c.:n:v":6eyn'Ln u,L'6g'n'c4:-Ty.n�n,�vn.n rd'ir!h^.r!ri:!,.6iv._�::e?ri:ruv.::uu"n"v a iS 16v.vr.vn !.,..rvuL'hv!ir^.r'v??:irr_�e:4'tN!n'tr!ru't'e_"i v___��gq:.5,::=,,:f,:uu'6cr,i,cucfy=r'4=S""v':.FrrSgru4::.q:6:!rn,ry:u",ca:..a,3r6ynrr r„r6v6:...45,it:6irir-__':tv"!'.:7 ,: - . _ .:::.::'"i..:,."_:::__._:.:n,,:.n^:_::"n:,.:_: :. :,.^.^.nn ^.:...-.-nnn nnr::::'d'--n:.::._r-::.: =.:",r,::r n:::a::' --::,.e:=" k,:4::d:,,,."_-._:.:.",:_:N:,:kd'::.:^:--..-:.-: v..b.v_.,c_1. .,..r4r;,..ru.rvuuv...r..r:_v.r...:v".r,r v:r'�'6.,:;v,.::. _ :.,bb,:rvp.v,.r.�Y v:__::.__a-u_'6.c'6.uv.r - r9.^. _ v� '� �.r.r.0 c..: ___ c.r n._.v _ 6 :. _.v.._n.,._u._.:v:u:u _ :nu.::'c c.:.u'^.�:v:c:c:::r:':,,, u:: ._v.r a.r ...r ri.'::''::':'c',':'':"=::f="r!'F v� M1Per oria�6WireCess.:E�c�li . '6M1,!6.t�_'__._"__�_.:u�:v:;r".=tM1:.."nn,'a,09:_09: '13.:....r.,.r...,.. _, r..r.r,nrr rt6':'n",,,,.�,,r:,:,..:."n�?,:�,�r,ran,:6,r:.n.n!:r^:=,.'_.nM1M1,=r?,':::,,:.,::�!:rPo^rv::�vu-s:c..xa:r"v5F::9r6k.r .,.ru vu.,.uc_v..:uv r ":r,.'n�.::r..:."cvc a:' 'n: -:: :_:. arll t'�'!�u: :'f::.: �,�: vr?r: :ir�r - :.�: .e.u.r., rn'66 'nor .:1:'{:'�r: rna,r 'ifM1iM1:M1:'e - - 'M1!J APPLICANT/ CONTACT INFORMATION ContactType- k Name ;Address '.CityState, ;. .'Zip, -Phone, ,?PhoneCell r _. -:rr " ---- -- :r,: . " , :,: r : . r.:r.:::rrr:."r.�:..__: ���/�/ ��� - - ';rM1:,:.,:6,;=r�r..r.,!,;r"","": {�.A .C TI 'ES'f. 37 1'tt' ;rRpA[5=='" ;,;�y,? G LW` ASV E44_P r.,:,l:D [yJ fit' i /�:: r,u u.,r. .:r N:r u.n.ru__. ':� .t���, ..�I�. ,.6. :t. nr!{:S:M1.: .,t. .� - :n :,.{� :!',I��..r,�(!'I � ''� !}'� v,.r:r:": rh"�:, -- :.�. .:MF�': 11'n _ to n .. :: rr[: : r, :.: r:r n.:/��y�,:.r r.... nr:rr:urr.rrr,r r,•r rnn rr_.:t�:�.,.. V:v.uvv. ....Mc...:,..r : ... :_ .rc. r.6.0..'6'... ....u. : I: ,. t,ur.r.� Guu �u�'L:GuI±'�u'�I:'� u'k!✓:v:::aiv.t: .:�'{2k'�u'.v9kka:t'.........v...�.'..v.'....o u�Luw'J'u L�L��`u�Lu !��':+d'w"'i:.C'Uk'°M12:2S:ki:v"a'�x:.i+&+:ii'`' �I'2'w'::iva.:" .v.Fy .:.................�,.r...���,.�.+w,.�...,����........��W��..,.��W,.r.r.r.�:,:. � 5 .5�� w' v: '.:w ,:: .d :�n r"xr;:A w :.::.::.::.r:".:::::n: Primary Contact CHERYL LYNN TAYLOR 4164 INNSLAKE DR.,STE. B GLEN ALLEN,VA 23060 '8048528275 Signature of Contractor or Authorized Agent Date I ek 17 CIO FOR OFFICE USE ONLY Application# SIGN#(i 2 Fee Amount$ 1 O Date Paid ///l'5By who? 61 D CACA :`C• Receipt# .3 Cf ck# I tie by 65 ZONING ORDINANCE SECTION Application for Personal Wireless Service Facility . ,r IMPORTANT• Your application is considered INCOMPLETE until all of the information on the Required Application Content Checklist on pages 2 thru 4 has been submitted and the appropriate fee has been submitted. (See page 9 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 0 Tier III 0 Building Permit after Tier II or Tier III approval 0 EXISTING COMP PLAN LAND USE/DENSITY: LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 4575 Seminole Trail, Charlottesville, VA 22903 TAXMAPPARCEL(s): 03300-00-00-001A0 ZONING DISTRICT: Rural Area MAGISTERIAL 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. ❑YES ®NO Are you submitting any waivers with this application? ❑YES ®NO Applicant(Who should we calUwrite concerning this project?): Cheryl Lynn Taylor Address 4164 Innslake Dr. , Ste. B City Glen Allen State VA Zip 23060 DaytimePhone(80 852-8275 Fax#( ) E-mail C.taylor@ve1ocitel .com The applicant is a representative of: AT&T Mobility Owner of Record Estate of Martin J. Romanac Address 3721 Ivy Road City Charlottesville State VA Zip 22903 Daytime Phone(4 3 4) 2 9 5-15 5 9 Fax#( ) E-mail Contractor(Building Permits and Tier I only) Address City State Zip Daytime Phone( ) Fax#( ) E-mail 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: FOR OFFICE USE ONLY History: ❑ Special Use Permits: ❑ ZMAs&Proffers: U Variances: Letter of Authorization ❑YES ❑NO Tier 1=Building Permit'Tier lI=Site Plan Tier III=Special Use Permit County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126 e1j�rf,K;i%g r,� Y Revised 6/6/2013 Page 1 of 12 REQUIRED ATTACHMENTS This form provides information on: 1. Required application content checklist 2. Design and review criterion 3. Waiver criteria 4. Definitions associated with Personal Wireless Service Facilities Required Application Content Checklist for Tier I,Tier II and Tier III Each request for approval of a facility shall include the following information: ® 17 copies of supporting plans/plats are required for Tier II and Tier III applications. (TIER II AND TIER IH APPLICATIONS ONLY) ❑ 2 copies of supporting plans/plats are required for Tier I and Building Permit Applications. (TIER I AND BUILDING PERMIT APPLICATIONS ONLY) • 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 of the agency If the contract purchaser signs the application,he shall also submit the owner's written consent to the application. • 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 (NOT REQUIRED FOR COLLOCATION,REPLACEMENT OR REMOVAL THAT WOULD NOT SUBSTANTIALLY CHAGED THE PHYSICAL DIMENSIONS) O 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 written documentation that the person signing on behalf of the entity is authorized to do so ® Except where the facility will be located entirely within an existing 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. ® 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). • The benchmarks and datum used for elevations.The datum shall coincide with the Virginia State Plane Coordinate System, South Zone,North American Datum of 1983 (NAD83),United States Survey Feet North American Vertical Datum of 1988 (NAVD88),and the benchmarks shall be acceptable to the county engineer. ® 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. ® 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 ® Except where the facility would be attached to an existing 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 within 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. (NOT REQUIRED FOR A TIER I FACILITY) Revised 6/6/2013 Page 2 of 12 ® The height,caliper and species of aces where the dripline is located within fifty(56 j leeL of the facility that are relied upon to establish the proposed height or screening,or both,of the monopole or tower.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. • All existing and proposed setbacks,parking,fencing and landscaping. • The location of all existing accessways and the location and design of all proposed accessways. ® Except where the facility would be attached to an existing structure or an existing building,residential and commercial structures,and residential and rural areas district boundaries. (NOT REQUIRED FOR A TIER I FACILITY) O 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. (NOT REQUIRED FOR A TIER I FACILITY) 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. (NOT REQUIRED FOR COLLOCATION,REPLACEMENT OR REMOVAL THAT WOULD NOT SUBSTANTIALLY CHAGED THE PHYSICAL DIMENSIONS) ❑ If antennas are proposed to be added to an existing structure,existing building or an existing facility,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 shall be depicted. (NOT REQUIRED FOR A TIER II OR TIER III FACILITY) O 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 (NOT REQUIRED FOR COLLOCATION,REPLACEMENT OR REMOVAL THAT WOULD NOT SUBSTANTIALLY CHAGED THE PHYSICAL DIMENSIONS) ❑ If the facility is to be located closer in distance than the height of the tower or other mounting structure to any lot line the applicant must submit an easement or other recordable document showing agreement between the lot owners,acceptable to the county attorney addressing development on the part of the abutting parcel sharing the common lot line that is within the facility's fall zone(e.g.,the setback of an eighty(80)foot-tall facility could be reduced to thirty(30)feet if an easement is established prohibiting development on the abutting lot within a fifty(50)foot 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,in lieu of recording an easement or other document. (NOT REQUIRED FOR A TIER I FACILITY) ▪ Notwithstanding section 32.2 of this chapter,a site plan shall not be required for a facility,but the facility shall be subject to the requirements of section 32 and the applicant shall submit all schematics,plans,calculations,drawings and other information required by the agent to determine whether the facility complies with section 32.In making this determination,the agent may impose reasonable conditions authorized by section 32 in order to assure compliance. ® Prior to issuance of a building permit,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 assure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures,and identify all existing trees to be removed on the parcel for the installation,operation and maintenance of the facility Except for the tree removal expressly authorized by the agent,the applicant shall not remove existing trees within the lease area or within one hundred(100)feet in all directions surrounding the lease area of any part of the facility.In addition,the agent may identify additional trees or lands up to two hundred(200) feet from the lease area to be included in the plan. (TIER I FACILITIES AND BUILDING PERMITS ONLY) Revised 6/6/2013 Page 3 of 12 12 The following shall be submitted v, e building permit application.(i)certification egistered surveyor stating the height of the reference tree that is used to aeiermine the permissible height of the monopole;ana a final revised set of plans for the construction of the facility.The agent shall review the surveyor's certificate and the plans to assure that all applicable requirements have been satisfied. (REQUIRED ONLY AT TIME OF BUILDING PERMIT APPLICATION) Collocation, replacement or removal Any collocation,replacement or removal of antennas or equipment is subject to the following: ❑ Collocation or replacement that would not substantially change the physical dimensions of a facility approved as a Tier I,II or III facility Upon receipt by the agent of an application satisfying the requirements of subsections 5.1 40(a)(1),(3),(4)and(7), any collocation or replacement that would not substantially change the physical dimensions of an existing facility approved as a Tier I,II or III facility shall be approved by the agent.The agent shall approve the application regardless of whether the proposed antennas or equipment are different from those shown on,or were not shown on,the previously approved application under subsection 5 1 40(a)(4)(c)or any condition imposed in conjunction with a special use permit for a Tier III facility. ❑ Collocation or replacement that would substantially change the physical dimensions of a facility approved as a Tier I,II or III facility Any collocation or replacement that would substantially change the physical dimensions of an existing facility approved as a Tier I,II or III facility shall be reviewed and acted upon as a Tier I,II or III facility,as applicable. ❑ Collocation or replacement that would not substantially change the physical dimensions of a facility approved by special use permit prior to October 13, 2004 or a facility that is a nonconforming structure Upon receipt by the agent of an application satisfying the requirements of subsections 5 1 40(a)(1),(3),(4)and(7),any collocation or replacement that would not substantially change the physical dimensions of an existing facility approved by special use permit prior to October 13,2004 or that is a nonconforming structure shall be approved by the agent.The agent shall approve the application regardless of whether the proposed antennas or equipment are different from those shown on any plans approved or condition imposed in conjunction with a special use permit. ❑ Collocation or replacement that would substantially change the physical dimensions of a facility approved by special use permit prior to October 13, 2004 or a facility that is a nonconforming structure Any collocation or replacement that would substantially change the physical dimensions of an existing facility approved by special use permit prior to October 13,2004 or that is a nonconforming structure shall be subject to,reviewed and acted upon as a Tier I,II or III facility,as provided in subsection 5 1 40(g)(2). ❑ Removal of antennas or equipment on any Tier I,II or III facility, any facility approved by special use permit prior to October 13, 2004 or any facility that is a nonconforming structure Any antennas or equipment on any existing Tier I,II or III facility, any existing facility approved by special use permit prior to October 13,2004 or that is a nonconforming structure may be removed as a matter of right and regardless of any special use permit condition providing otherwise. ❑ Meaning of"collocation or replacement that would not substantially change the physical dimensions of an existing facility "A collocation or replacement that would not substantially change the physical dimensions of an existing facility is any change to the physical dimensions of an existing facility that is not within five hundred(500)feet of a dwelling unit located on a parcel under different ownership than the parcel on which the facility is located,that would:(i)add one or more antennas to the facility provided that the requirements of subsections 5 1 40(c)(1),(2),(3),(6)and(8)are satisfied;(ii)replace an existing monopole or tower with a monopole or tower of an equal or lesser height,provided that the requirements of subsection 5 1.40(d)(1),(5), (7), (8)and(10)are satisfied,(iii)replace an existing treetop facility with a monopole that is not more than ten(10)feet taller than the reference tree,provided that the requirements of subsection 5.1.40(d)(1),(5),(7),(8)and(10)are satisfied;(iv)strengthen an existing monopole or tower without the use of guy wires,provided that the requirements of subsection 5 1 40(d)(5),(7)and(8) are satisfied;or(v)expand the lease area or add ground equipment either within or outside of a ground equipment shelter,. provided that the expanded lease area does not exceed twice the square footage of the original lease area,and further provided that the requirements of subsections 5.1.40(c)(7)and 5 1 40(d)(2),(4),(5),(8)and(9)are satisfied.Any change to the access to the facility,that results in the removal of any tree shall be deemed to be a substantial change to the physical dimensions of an existing facility'• Revised 6/6/2013 Page 4 of 12 Balloon Test ® For any proposed monopole or tower,photographs taken of a balloon test,which shall be conducted,if requested by the agent,as follows. ® 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. ® 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. • The test shall consist of raising one or more balloons from the site to a height equal to the proposed facility. ® The balloons shall be of a color or material that provides maximum visibility. ® The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties,along each 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. Design and review criterion The following regulations are taken from Chapter 18,Section 5 1.40 of the Code of Albemarle. c. Tier I facilities.Each Tier I facility may be established upon approval by the agent of an application satisfying the requirements of subsection 5.1 40(a),demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter,and satisfying the following: 1 Compliance with subsection 51 40(b) The facility shall comply with the applicable requirements of subsection 5.1.40(b). 2. General design. The facility shall be designed,installed and maintained as follows.(i)guy wires shall not be permitted,(ii) outdoor lighting for the facility shall be permitted only during maintenance 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;(iii)any ground equipment shelter not located within an existing 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;(iv)a whip antenna less than six(6)inches in diameter may exceed the height of the existing structure or the existing building;(v)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 existing structure or the existing building;and(vi)within thirty(30)days after completion of the installation of the facility,the applicant shall provide a statement to the agent certifying that the height of all components of the facility complies with this regulation. 3.Antennas and associated equipment. Antennas and associated equipment that are not entirely within a proposed facility,an existing facility,an existing structure,or an existing building shall be subject to the following: (i)the total number of arrays of antennas shall not exceed three(3),and each antenna proposed under the pending application shall not exceed the size shown on the application,which size shall not exceed one thousand one hundred fifty two(1152)square inches,(ii)no antenna shall project from the facility,structure or building beyond the minimum required by the mounting equipment,and in no case shall any point on the face of an antenna project more than twelve(12)inches from the facility,structure or building;and(iii)each antenna and associated equipment shall be a color that matches the facility,structure or building.For purposes of this section,all types of antennas and dishes,regardless of their use,shall be counted toward the limit of three arrays. 4. 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 agent may identify additional trees or lands up to two hundred(200)feet from the lease area to be included in the plan. Revised 6/6/2013 Page 5 of 12 5 Tree conservation plan, complic amendment. The installation,operation and m, Lance of the facility shall be conducted in accordance with the t mservation plan.The applicant shall not remo [sting trees within the lease area or within one hundred(100)feet in all directions surrounding 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 removal 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. 6.Discontinuance of use, notice thereof removal, surety Within thirty(30)days after a facility's use for personal wireless service purposes is discontinued,the owner of the facility shall notify the zoning administrator in writing that the facility's use has discontinued.The facility shall be disassembled and removed from the site within ninety(90)days after the date its use for personal wireless service purposes 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 amount 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 attorney.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 comply 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. 7.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. 8. 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)would protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic or,in the rural 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. d. Tier II facilities. Each Tier II facility may be established upon approval by the agent of an application satisfying the requirements of subsection 5 1 40(a)and demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter,and satisfying the following: 1 Compliance with subsections 5 1 40(b)and 51 40(c) The facility shall comply with the applicable requirements of subsection 5 1 40(b)and with the requirements of subsections 5.1 40(c)(2)through(8). 2.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 state scenic river,national park or national forest,regardless of whether the site is adjacent to the river,park or forest.If the facility would be located on lands 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. 3 Open space plan resources. The facility shall not adversely impact resources identified in the county's open space plan. 4.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 circle centered anywhere on the ground having a radius of two hundred(200)feet. 5.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. 6.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. 7 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 the 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 anytime of year from any other parcel or a public or private street. Revised 6/6/2013 Page 6 of 12 8.Placement of cables,wiring and ar attachments. Each wood or concrete mono! :hall 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. 9.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 satisfied. 10 Completion of installation;submitting certifications of monopole and lightning rod height. The following shall be submitted to the agent after installation of the monopole is completed and prior to issuance of a certificate of occupancy (i)certification by a registered surveyor stating the height of the 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 lightning rod's height does not exceed two(2)feet above the top of the monopole and width does not exceed a diameter of one(1)inch. 11 Notice.Notice of the agent's consideration of an application for a Tier II facility shall be sent by the agent to the owner of each parcel abutting the parcel on which the proposed facility will be located.The notice shall describe the nature of the facility, its proposed location on the lot,its proposed height,and the appropriate county office where the complete application may be viewed.The notice shall be mailed by first class mail or hand delivered at least ten(10)days before the agent acts on the application.Mailed notice shall be mailed to the last known address of the owner,and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement.The failure of an owner to receive the notice as provided herein shall not affect the validity of an approved facility and shall not be the basis for an appeal. 12.Disapproval of application, appeal. If the agent disapproves an application,he shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement.The applicant may appeal the disapproval of an application to the board of supervisors.An appeal shall be in writing and be received in the office of the clerk of the board of supervisors within(10)calendar days after the date of the disapproval by the agent.In considering an appeal,the board may affirm,reverse,or modify in whole or in part,the decision of the agent,and its decision shall be based upon the requirements delineated in this subsection(d). 13.Agent approval of increase in height of monopole based on increase in height of reference tree. Upon the written request of the applicant,the agent may authorize the height of an existing Tier II facility's monopole to be increased above its originally approved height upon finding that the reference tree has grown to a height that is relative to the requested increase in height of the monopole.The application shall include a certified survey of the reference tree's new height,as well as the heights of other trees to be considered by the agent.The agent shall not grant such a request if the increase in height would cause the facility to be skylighted or would increase the extent to which it is skylighted. e. Tier III facilities. Each Tier III facility may be established upon approval of a special use permit by the board of supervisors,initiated upon an application satisfying the requirements of subsection 5 1 40(a)and section 33 4,and it shall be installed and operated in compliance with all applicable provisions of this chapter and the following: 1.The facility shall comply with the applicable requirements of subsections 5 1.40(b),the requirements of subsections 5.1.40(c)(2)through(98),and the requirements of subsections 5 1 40(d)(2),(3)and(7),unless modified by the board of supervisors during special use permit review 2.The facility shall comply with all conditions of approval of the special use permit. Waiver Criteria 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. Revised 6/6/2013 Page 7 of 12 Definitions associated with Person.'... ..Tireless 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 wireless services.(Added 10-13-04) Avoidance area:An area having significant resources where the 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 centered anywhere on the ground having a radius of two hundred(200)feet;or(v)any location within two hundred(200)feet of any state scenic highway or by-way.(Added 10-13-04) Collocation:As used in section 5 1 40 and any definitions pertaining to personal wireless service facilities,the mounting or installation of one or more antennas for the purpose of providing personal wireless services on an existing personal wireless service facility,the addition of related cables,wiring,supporting brackets and other structural equipment,and the addition of transmission equipment.(Added 5-8-13) Existing building:As used in section 5.1 40 and any definitions pertaining to personal wireless service facilities,a building that was lawfully constructed or established and complies with the minimum applicable bulk,height,setback,floor area,and other structure requirements of the district in which the building is located.(Added 5-8-13) Existing structure:As used in section 5.1.40 and any definitions pertaining to personal wireless service facilities,a structure,other than a flagpole or an existing personal wireless service facility,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.(Added 5-8-13) Existing personal wireless service facility or existing facility As used in section 5 1 40 and any definitions pertaining to personal wireless service facilities,a personal wireless service facility that was approved under section 5.1.40 or by special use permit prior to October 13, 2004,was thereafter established,and has continued in existence since being established, and which provides personal wireless services. (Added 5-8-13) Fall zone. A zone on the surface of the ground that is a circle whose center is the proposed or standing personal wireless service facility or small wind turbine(the"facility or turbine"),where the radius is measured from the outer surface of the facility'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 of the facility;and (ii)for turbines,equal to the height of the turbine plus a distance of twenty(20)feet.(Added 12-10-09) 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 broadband interne access services. (Added 5-8-13) 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 ground equipment shelters,and a self-supporting monopole or tower.(Added 10-17-01,Amended 10-13-04,6-1-11,5-8-13) 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 replacement of one or more antennas,cables,wiring,supporting brackets and other structural equipment,transmission equipment,and ground equipment shelter,all of which is for the purpose of providing personal wireless services on an existing personal wireless service facility.(Added 5- 8-13) 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.(Added 10-13-04) 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.(Added 10-13-04) 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 wireless policy (Added 10-13-04) J�J Revised 6/6/2013 Page 8 of 12 Tier I personal wireless service facility or 2 facility.A personal wireless service facility tin.. 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(c);(ii)consists of one or more antennas,other than a microwave dish,attached to an existing structure,together with associated personal wireless service equipment;(iii)is located within or camouflaged by an addition to an existing structure determined by the agent to be in character with the structure and the surrounding district;(iv)is a collocation or a replacement that does not substantially change the physical dimensions of an existing personal wireless service facility as that phrase is used in subsection 5 1 40(f);or(v)is the replacement of a wooden monopole with a metal monopole that does not exceed the maximum dimensions permitted under subsection 5 1 40(d)(5).(Added 10-13-04,Amended 5-8- 13) 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.(Added 10-13-04) 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 supervisors as a Tier II facility (Added 10-13-04) 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.(Added 10-13-04) Owner/Applicant Must Read and Sign 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. I also certify that the information provided on this application and accompanying information is complete, accurate,true,and correct to the best of my knowledge. I also certify that I have read and understand the regulations for Personal Wireless Service Facilities and that I understand the annual reporting obligations. I also understand the information that must be submitted for bull i r - its and certificates of occupancy for Tier II and Tier III facilities. eltatj 0, // Signature of/A wner, ontract rchaser,or Applicant Date d?cry/ L . Tylor (84 a-8775 Print Name Daytime phone number of Signatory Revised 6/6/2013 Page 9 of 12 Required_ __:ES to be paid at time of apr__ ation: What type of Personal Wireless Service Facility are you applying for? ❑ Tier I Facility $106.50 ® Tier II Facilities $1820 ❑ Tier III Facilities $2000 ❑ Notification Requirement for Tier II and Tier III for up to 50 notices $200 U Notification Requirement for Tier II and Tier III for each notice over 50 notices* $1 plus the cost of postage ❑ Published notice cost for Tier III Facilities ** Cost is based on a cost quote from the publisher ❑ Building Permit after Tier II or Tier III approval $106.50 *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 submitted 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 notice 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 $180 Resubmittal fees for Tier III Facilities ❑ First resubmission FREE ❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,000 The full list of fees can be found in Section 35 of the Zoning Ordinance. Revised 6/6/2013 Page 10 of 12 2013 SUDmission and Review Scheaule TIER II Personal Wireless Service Facilities Deadline for Filing (3 P.M.) Site Review Meeting Monday Thursday Jan 28 Feb 21 Feb 11 Mar 7 Feb 25 Mar 21 Mar 11 Apr 4 Mar 25 Apr 18 Apr 15 May 9 Apr 29 May 23 May 13 Jun 6 Tue May 28 Jun 20 Jun 10 Wed Jul 3 Jun 24 Jul 18 Jul 15 Aug 8 Jul 29 Aug 22 Aug 12 Sep 5 Aug 26 Sep 19 Sep 16 Oct 10 Sep 30 Oct 24 Oct 14 Nov 7 Oct 28 Nov 21 Nov 11 Dec 5 Nov 25 Dec 19 Dec 16 Jan 9 2014 Dec 30 Jan 23 2014 Jan 13 2014 Feb 6 2014 Bold Italics means that the submittal day or meeting date is different because of a holiday. Dates for 2014 are tentative. Action may be taken any time after the Site Review Meeting. Revised 6/6/2013 Page 11 of 12 2013 Submission and Review Schedule TIER III Personal Wireless Service Facilities Deadline for Site Review Planning Board of Supervisors Filing (3 P.M.) Meeting Commission Meeting no earlier Meeting than Monday Thursday Tuesday Wednesday Tue Jan 22 Feb 21 Mar 19 Apr 03 Tue Feb 19 Mar 21 Apr 23 May 01 Mar 18 Apr 18 May 21 Jun 05 Apr 15 May 09 Jun 04 Jul 10 May 20 Jun 20 Jul 16 Aug 07 Jun 17 Jul 18 Aug 20 Sep 04 Jul 15 Aug 08 Sep 10 Oct 02 Aug 19 Sep 19 Oct 22 Nov 06 Sep 09 Oct 10 Nov 12 Dec 04 Oct 21 Nov 21 Dec 17 Jan 8 2014 Dec 02 Jan 9 2014 Feb 4 2014 Mar 5 2014 Bold Italics means that the submittal day or meeting date is different because of a holiday. Dates for 2014 are tentative Revised 6/6/2013 Page 12 of 12