HomeMy WebLinkAboutSP199900036 Approval - County Special Use Permit 1999-10-28
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COUNT'! OF ALBEMARLE
Dept. of Planning 2.: C)mmunity Development
401 McIntire Road
Charlottesville, Virginia 229024596
(804) 296·5823
October 28. 1999
Dick Shearer
CFW Wireless
1150 Shenandoah Village Drive
Waynesboro, V A 22980
RE: SP-99-36 Foxfield-CV202
Tax Map 43, Parcel 30
Dear NIr. Shearer:
The Albemarle County Board of Supervisors, at its meeting on October 20. 1999, unanimously
approved the above-noted request to construct a treetop tower to support a PCS antenna. Please
note that this approval is subject to the following conditions:
1.
The height of the tower shall not exceed seven (7) feet above the elevation of the tallest
tree within twenty-five (25) feet of the tower. The applicant shall provide a certified
statement on the height of the tallest tree. Antenna may extend an additional three (3)
feet above the height of the tower.
,.,
The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and
d. The tower shall not be painted and shall be natural wood color.
"
J.
The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan entitled "CFW Wireless
Survey of a lease parcel and Ingress/Egress Easement" initialed WDF 6/30/99.
4.
Antennas may be attached to the tower only as follows:
a. Antenna shall be limited to three (3) tlush-mounted panel antenna and
b. Satellite and microwave dish antennas are prohibited.
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Page 2
October 28, 1999
). The tower shall be used. or have the potential to be used. for the collocation of other
wireless telecommunications providers as follows:
a. The permittee shall allow other wireless telecommunications providers to locate
or utilize antennas on the tower and equipment on the site, subject to these
conditions:
(1) Prior to approval of a final site plan for the site or the waiver of the site
plan requirement, the permittee shall execute a letter of intent stating that
it will make a good faith effort to allow such location and will negotiate in
good faith with such other provider requesting locate on the tower or the
site; and
(2) The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other proivders to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
[The use of this facility by additional telecommunication providers will require amendment of
this special use permit. The presence of this condition in no way implies approval of additional
uses for this facility or this property.1
6. Each outdoor luminaire shall be fully shielded such that all light emitted is projected
below a horizontal plane running through the lowest part of the shield or shielding part of
the luminaire. For purposes of this condition, a luminaire is a complete lighting unit
consisting of a lamp or lamps together with the parts designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply. Outdoor
lighting shall be limited to periods of maintenance only.
7. Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees may be removed for such construction or installation. Except
for the tree removal expressly authorized by the Director of Planning, the permittee shall
not remove existing trees within two hundred (200) feet of the tower, or the equipment
building.
8. The permittee shall comply with ~ 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be required.
9. The tower shall be disassembled and removed from the site within ninety (90) days of the
date is use for wireless telecommunications purposes is discontinued.
10. The permittee shall submit a report to the Zoning Administrator once per year. by not
later than July 1 of that year. The report shall identify each user of the tower and shall
identify each user that is a wireless telecommunications service provider.
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Page 3
October 28. 1999
In the event that the use, structure or activity for which this special U.::i.: permit is issued shall not
be commenced within eighteen (18) months after the issuance of such permit, the same shall be
deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes
of this section, the term "commenced" shall be construed to include the commencement of
construction of any structure necessary to the use of such permit within two \2) years from the
date of the issuance thereof which is thereafter completed within one (l) year.
Before he~inning this use. you must obtain a zoning clearance 1rom me Luning Department.
Before the Zoning Department \vill is.::iue a clearance, you must comply with the conditions in
this letter. For further information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
~~
David B. Benish
Chief of Planning 6..:, Lommunity Development
DBB/jcf
Cc: Amelia McC~:lley
Jack Kelsey
Tex Weaver
Steve Allshouse
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