HomeMy WebLinkAboutZTA201300001 Ordinance No. 13-18 2013-03-27Draft: 03/27/13
ORDINANCE NO. 13 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article 1, General Provisions, and Article II, Basic Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article I. General Provisions
See. 3.1 Definitions
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.
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.
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.
Existing personal wireless service facility or existing f acility: 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.
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 internet access services.
Personal wireless service facility: A facility for the provision of personal wireless services, as defined by 47 U.S.C.
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(PGS), speeialized mobile radio (SMR), enhaneed speeialized mobile radio (ESMR), eemmen eafFier-wir-eles-s
b, eadb"fia ifi*° °* "„"°.," and which may be composed of antennas, cables, wiring, supporting brackets and other
structural eauipment. grounding rods. transmission eauioment. one or more ground eauioment shelters. and a self-
supporting monopole or tower. (Added 10- 17 -01; Amended 10- 13 -04; Amended 6 -1 -11)
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 eauipme it
transmission equipment, and ground equipment shelter, all of which is for the purnose of providing personal
wireless services on an existing personal wireless service facility.
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 (15 0) square feet that is not within the building or a whip antenna that sati* 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 een€erming structure other- than " flag pole tha4 do not e*eeed the "eight of the stnde ufe r�
are fitish mounted to the stfuetui -7e, together with associated personal wireless service equipment; of ( 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 5.1.011 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)
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
(Amended 10- 13 -04)
The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part of
the comprehensive plan. Each personal wireless service facility (hereinafter "facility ") shall be subject to following,
as applicable:
a. Application for approval: Each request for approval of a facility shall include the following information:
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 of the
agency. If the contract purchaser signs the application, he shall also submit the owner's written
consent to the application.
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.
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 written documentation
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that the person signing on behalf of the entity is authorized to do so.
4. Plans and supporting drawings, calculations and documentation. 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:
(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. 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.
(c) Dew 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 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.
(f) Trees. The height, caliper and species of all trees where the dripline is located within fifty
(50) feet of the facility that are relied upon to establish the proposed height and/o 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.
(g) Setbacks, parking. fencing, and landscaping. All existing and proposed setbacks, parking,
fencing and landscaping.
(h) Location ofaccessways. The location of all existing accessways and the location and design
of all proposed accessways.
(i) Location of certain structures and district boundaries. Except where the facility would be
attached to an existing structure or an existing building, residential and commercial
structures; and residential and rural areas zeg district boundaries.
(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.
Photographs. Photographs, where possible, or perspective drawings of the facility site and all
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existing facilities within two hundred (200) feet of the site, if any, and the area surrounding the site.
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 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 each publicly
used road from which the ballocon 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.
7. Additions of antennas. 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.
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.
b. Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph
subsection, each facility shall be subject to all applicable regulations in this chapter.
Building site. Notwithstanding section 4.2.3.1 of this ehaptef, a facility may be loeated in an afea on
is not required to be located within a building site.
2. Setbacks. Notwithstanding section 4.10.3.1(b) of this ehapt °r, 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 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
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the staff review, in lieu of recording an easement or other document.
3. Area, bulk and minimum yards.
zoning distfiet in whieh the f4eility will be Weated shall not apply. Notwithstanding the
requirements of the district in which the facility will be located, the area and bulk regulations, and
the minimum yard requirements of the district shall not apply.
4. Required yards. Notwithstanding section 4.11 oft is °hart °r, a facility may be located in a required
yard.
Site elan. Notwithstanding section 32.2 of this ,.hapter, 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 ensure compliance.
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) by agent, demonstrating that the facility will be
installed and operated in compliance with all applicable provisions of this chapter,
of the ar-ehiteetufa4 review beaf , and meeting satis in the following eanditiens:
Compliance with subsection 5. 1.40(b). The facility shall comply with the applicable requirements
of subsection 5.1.40(b).
2. General design. The facility shall be designed, eeom 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 equipment eabinet shelter not
located within the 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
eewity's 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} of the existin ** structure
or the existing building; and (vi) within one me thirty (30) days after the 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.
Antennas and associated equipment. U°,,: „m°^* -hall be Antennas and associated equipment that
are not entirely within a proposed facility
existing facility, acility, an existing structure, or an existing building shall be subject to the following: (i)
the total number of arrays of antennas aaae °a to the existing s,*.,etwe shall not exceed three (3),
and each antenna proposed to be a4aehed 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 &6sting strae facility, structure or
bui ; and (iii) each antenna and associated equipment shall be a color that matches the existing
stmetwe 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.
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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, affd 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. ,
appliea-PA shall not r-emeN,e-e*isting trees within the lease area or- within one hundred (100) fe
a! directions s „, ing the lease area of ai+y part of the f edit .. In additien 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.
Tree conservation plan: compliance: amendment. The installation, operation and maintenance of
the facility shall be conducted in accordance with the tree conservation plan. Dead a-ad dying tfees
idepAified by the ' . The
applicant shall not remove existing trees within the lease area or within one hundred (1001 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.
eensefvefien plan was approve 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 of 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) the annual mpeA
states that the tower- or- pole is no Wager- being used for- per-seaa4 wiFeless seFviee f4eilities; (4)
apAival report was not filed; "' whether there is a change in technology that makes it likely that the
monopole or tower or- ele will be unnecessary in the near future; (ivii) the permittee fails to
comply with applicable regulations or conditions; (viii) the permittee fails to timely remove another
monopole or tower or- pole within the county; and (viv_) whenever otherwise deemed necessary by
the agent.
7. The the f4eility to the by
than May 1
owner- of shall submit a r-epoft agea�
no ear4ier- or- and no
Multiple
tower-
eaeh personal wireless senliee pr-eviden users on a
single or- other- ffleun4ifig
97. Creation ofsloTes steeper than 2:1. No slopes associated with the installation of the facility and its
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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.
-98. Ground equipment shelter: fencing. Any r� equipment eabinet 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 Hfacilities. Each Tier II facility maybe established upon eemmissio approval by the a eg nt of an
application satisfying the requirements of subsection 5.1.40(a) and demonstrating that the f4eil ty will
installed and eper-Med in eempliance with all applicable provisions of this ehapter, eriteria (1) through (8)
below, and satisfying all eenditions of the ar-ehiteetidr-al r-eN4ew bear-d. The eewu-nission shall aet on e
appheation within the time per-iods established in seetion 32.4.2.6. The eammission shall approve eae-h
appheation, without eenditions, onee it detefmines that all of these r-equir-ements ha-,�e been satisfied. if the
eommission denies an appheation, it shall identify whieh r-equir-emeR4s were not satisfied md infet:m the
appliean4 what needs to be done to satisf� eaeh r-eqtiir-ement. and demonstrating that the facility will be
installed and operated in compliance with all applicable provisions of this chanter, and satisfying the
following:
Compliance with subsections 5.1.40(b) and 5.1.40(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
(18).
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.
thereto, tThe facility
also shall be sited to minimize its visibility from s,.,.h river paF4r ^r for-es any state scenic river,
national Dark or national forest. regardless of whether the site is adiacent to the river. Dark 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 ofmultiple 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.
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
seven (7) 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; provided that the board of supervisors may pprove a special exception allowing
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the height approved by the ,.,,mmissi of the monopole to be up to ten (10) feet taller than the
tallest tree if the owner of the facility demonstrates to the satisfaction of the eemmissie board that
there is not a material difference in the visibility of the monopole at the proposed height, rather than
at a height seven (7) feet taller than the tallest tree; and there is not a material difference in adverse
impacts to resources identified in the county's open space plan caused by the monopole at the
proposed height, rather than at a height seven (7) feet taller than the tallest tree. The applicaPA may
appeal the eeffmaissioner-'s denial of a medifiea4ien to the board of supen,iser-s as provided iii
subseeti n 5.1.40(d)(12).
7. Color of monopole, antennas and equipment. Each weed monopole shall be a dark brown natural or
a wood color; eaeh fnet ,l eener-ete menepele shall be painted ., br-ov,,% wood ,.eler- to 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 met 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 be of seek a closely match the color of the monopole if they are enclosed within a ground
equipment shelter or within or behind an approved structure, fagade 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.
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 prepe 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 vermit application: submitting certification ofmonovole 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 assufe ensure that all applicable requirements have
been satisfied.
10. Completion of installation: submitting certifications ofmonopole 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 ' a consideration of an application for a Tier II facility shall
be sent by the agent to the owner of each let a>l W abutting the let l LW 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 Tier- 11 f eili .,
application may be viewed and- thedtetimend loeatten where -the eemmission will Oeensit-L�,- the,
Mien.. The notice shall be mailed by first class mail or hand delivered at least ten (10) days
prier- to 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.
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The failure of an owner to receive the notice as provided herein shall not affect the validity of an
approved Tier-1l facility and shall not be the basis for an appeal.
12. Disavvroval ofavvlication: avveal. If the agent disapproves an application. he shall identifv 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. The board of ay eensider- an appheation for- a Tier- 11 f4eility only upon an
appeal of th a°qqW°' of *'i° ap'pliea4ien by the ° . An appeal shall be std in writing
and be received in the office of the agefft clerk of the board of supervisors within ten (10) calendar
days after the date of the denial disapproval by the eeffimission agent. In considering an appeal, the
board may affirm, reverse, or modify in whole or in part, the decision of the esmmission 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 issued
pufsttafft to seetion 31.2.4 of this ehapte by the board of supervisors, initiated upon an application
satisfying the requirements of subsection 5.1.40(a) and section 31.2.433.4, and it shall be installed and
operated in compliance with all applicable provisions of this chapter and the following:
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.
f. Collocation, replacement or removal. Any collocation, replacement or removal of antennas or equipment
is subject to the following:
1. Collocation or replacement that would not substantially change the phvsical dimensions of
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 acilityaftproved as a Tier I.
11 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 an condition
imposed in conjunction with a special use permit for a Tier III facility.
2. Collocation or replacement that would substantially change the physical dimensions of 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 acilit 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.
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3. Collocation or replacement that would not substantially change the vhvsical dimensions of
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.
4. Collocation or replacement that would substantially change the physical dimensions of 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(gl(21.
5. 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. Anv
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.
6. Meaning of "collocation or replacement that would not substantially change the physical
dimensions ofan 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 either an avoidance area or an entrance corridor overlay district
section 30.61, and 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
81 are satisfied: (H) 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 gum
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)
51, (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
facili
g. Administration of special use permits for facilities approved prior to October 13, 2004. The following
applies to the administration of any pecial use permit for an existing facility prior to October 13,
2004:
1. Conditions. If any condition of the special use permit is more restrictive than a corresponding
standard in subsection 5.1.40(c) or (d), the corresponding standard in subsection 5.1.40(c) or (d)
shall apply. If any condition of the special use permit is less restrictive than a corresponding
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standard in subsection 5.1.40(c) or (d) and the applicant establishes that vested rights have attached
to the approved facility, the special use permit conditions shall apply.
2. Change to a facilitv that would substantially change the vhvsical dimensions of a facilitv avvroved
by special use permit prior to October 13. 2004. Any proposed change to a facility that would
substantially change the physical dimensions of the facility approved by special use permit prior to
October 13, 2004 under subsection 5.1.40(f)(4) shall be subject to the procedures and standards for
a Tier II facility if the facility would qualify as a Tier II facility, or a Tier III facility if the facility
would not qualify as a Tier II facility.
3. Effect of changes. Anv change to a facilitv by collocation or replacement under subsection
5.1.40(D(3) shall not reclassify the facility as a Tier I, II or III facility. Any change to a facility by
collocation or replacement under subsection 5.1.40(g)(2) shall reclassify the facility as a Tier II or
Tier III facility, as applicable. If the facility is approved as a Tier II facility, the prior special use
permit conditions shall have no further force or effect.
h. Time for action. Each action on an application for a Tier I, II or III facility shall be taken within the
followingT riods:
1. Avvlications for Tier I and Tier II facilities and avvlications for existing Tier III facilities that
would not substantially increase the size of an existing tower or monopole. Any application for a
Tier I or Tier II facility, and any application for an existing Tier III facility that would not
substantially increase the size of the existing monopole or tower, shall be approved or
disapproved within ninety (90) days, as calculated under subsection 5.1.40(h)(3).
2. Avvlications for new Tier III facilities and avvlications for existing Tier III facilities that would
substantially increase the size of an existing monopole or tower. Any application for a Tier III
facility: and any application for an existing Tier III facility that would substantially increase the
size of an existing monopole or tower, shall be approved or disapproved within one hundred fifty_
(150) days, as calculated under subsection 5.1.40(h)(3).
3. Calculating the time for action. The time for action on an application shall be calculated as
follows:
al Commencement. The time for action under subsection 5.1.40(h)(1) or (h)(2) shall begin
on the date the application is received in the department of community development.
bl Determination of completeness. Within thirtv (30) days after the application is received
the department of community development shall determine whether the application
includes all of the applicable information required under subsections 5.1.40(a) through
el. If any required information was not provided, the department shall inform the
applicant within the thirty (30) day period about which information must be submitted in
order for the application to be determined to be complete.
cl Tolling. The running of the time for action under subsection 5.1.40(h)(1) or (h)(2) shall
be tolled between the date that the department informs the applicant that its application is
incomplete under subsection 5.1.40(h)(3)(b) and the date on which the deparhnent
receives all of the required information from the applicant.
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d) Extension of running of time for action. The time by which action must be taken under
subsection 5.1.40(h)(1) or (h)(2) may be extended upon request by, or with the consent
of, the applicant.
4. Effect of failure to approve or disapprove within time for action. The failure to approve or
disapprove an application within the time for action shall not be deemed to be approval of the
application but, instead, shall only create a rebuttable presumption that the failure to timely act
was not reasonable under 47 U.S.C. § 332(c)(7)(B)(iil.
5. Meaning of "substantially increase the size of monopole or tower ". The phrase "substantiall
increase the size of a monopole or tower" means: (i) the mounting of the proposed antenna would
increase the height of the monopole or tower by more than ten (10) percent, or by the height of one
additional antenna array with separation from the nearest existing antenna not to exceed twenty (201
feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size
limits set forth herein if necessary to avoid interference with existing antennas: (ii) the mounting of
the proposed antenna would include installing more than the standard number of new equipment
cabinets for the technology involved, not to exceed four (4), or more than one new ground
equipment shelter: (iii) the mounting of the proposed antenna would involve adding an
appurtenance to the body of the monopole or tower that would protrude from the edge of the
monopole or tower more than twenty (20) feet, or more than the width of the monopole or tower
structure at the level of the appurtenance, whichever is greater, except that the mounting-of the
proposed antenna may exceed the size limits set forth herein if necessary to shelter the antenna
from inclement weather or to connect the antenna to the monopole or tower by cable: or (iv) the
mounting of the proposed antenna would involve excavation outside the current boundaries of the
leased or owned property surrounding the monopole or tower and any access or utility easements
currently related to the site.
(§ 5.1.40, Ord. 01- 18(9), 10- 17 -01; Ord. 04- 18(2), 10- 13 -04)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a
regular meeting held on
Ave Nay
Mr. Boyd
Mr. Dumler
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Clerk, Board of County Supervisors
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