HomeMy WebLinkAboutZTA201500008 Staff Report 2015-07-08 (7)Draft: 07/08/15
ORDINANCE NO. 15 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 5.1.40 Personal wireless service facilities
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities; collocation, replacement, and removal of
transmission equipment
The purpose of section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part
of the comprehensive plan, in a manner that complies with Section 704 of the Telecommunications Act of
1996 (47 U.S.C. § 332(c)(7)) for new personal wireless service facilities and collocations and replacements
that result in a substantial change in the physical dimensions of an eligible support structure; and to
implement Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. §
1455) and 47 CFR § 1.40001 for collocations and replacements that do not result in a substantial change in
the physical dimensions of an eligible support structure. Each personal wireless service facility and the
transmission equipment of any other wireless service shall be subject to the following, as applicable:
a. Application for approval: An application providing the following information shall be required for
each personal wireless service facility (hereinafter, "facility ") and transmission equipment that will
be collocated or replace existing equipment on an eligible support structure:
Application Requirements
T e of A lication
I
II
III
C/R
1. Application form and signatures. A completed application form, signed by the parcel
X
X
X
X
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
X
X
X
X
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.
3. Ownership. The identity of the owner of the parcel and, if the owner is other than a real
X
X
X
X
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.
4. Plans and supporting drawings, calculations, and documentation. Except where the
X
X
X
X
facility will be located entirely within an eligible support structure or an existing
building, a scaled plan and a scaled elevation view and other supporting drawings,
calculations, and other documentation required by the agent, signed and sealed by an
Draft: 07/08/15
Application Requirements
Type of Application
I
II
III
OR
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
X
X
X
X
and proposed improvements on the parcel including access roads and structures,
the location and dimensions of significant natural features, and the maximum
height above ground of the facility (also identified in height above sea level).
(b) Elevation and coordinates. The benchmarks and datum used for elevations shall
X
X
X
X
coincide with the State Plane VA South US Survey Feet based on the North
American Datum of 1983 (NAD 83), and the benchmarks shall be acceptable to
the county engineer.
(c) Design. The design of the facility, including the specific type of support structure
X
X
X
X
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
X
X
X
X
name and color number. A paint chip or sample shall be provided for each color.
(e) Topography. Except where the facility would be attached to an eligible support
X
X
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 caliper and species of all trees where the dripline is located within fifty
X
X
X
(50) feet of the facility. The height, caliper, and species of any tree that the
applicant is relying on to provide screening of the monopole or tower. The height,
caliper and species of the reference tree. The caliper and species of all trees that
will be adversely impacted or removed during installation or maintenance of the
facility shall be noted, regardless of their distances to the facility.
(g) Setbacks, parking, fencing, and landscaping. All existing and proposed setbacks,
X
X
X
X
parking, fencing, and landscaping.
(h) Location of accessways. The location of all existing vehicular accessways and the
X
X
X
X
location and design of all proposed vehicular accessways.
(i) Location of certain structures and district boundaries. Except where the facility
X
X
X
would be attached to an eligible support structure or an existing building,
residential and commercial structures; and residential and rural areas district
boundaries.
(j) Proximity to airports. If the proposed monopole or tower will be taller than one
X
X
hundred fifty (150) feet, the proximity of the facility to commercial and private
airports.
5. Photographs. Photographs of the location of the proposed monopole or tower shall be
X
X
provided that include, for applications for Tier II facilities, the reference tree, and for
applications for Tier III facilities, the area within fifty (50) feet of the proposed
monopole or tower. These photographs shall include reference points to enable the lease
area, the vehicular access, the trees that will remain, and the trees that will be removed,
to be identified. In addition, photographs, where possible, or perspective drawings of
Draft: 07/08/15
Application Requirements
A
Type of pplication
I
II
III
OR
the facility site and all 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
X
X
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
X
X
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
X
X
facility site to a height equal to the proposed facility.
(d) Balloon color or material. The balloons shall be of a color or material that
X
X
provides maximum visibility.
(e) Photographing balloon test. The photographs of the balloon test shall be taken
X
X
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.
7. Additions of antennas. If antennas are proposed to be added to an eligible support
X
X
X
X
structure or an existing building, all existing antennas and other equipment on the
structure, building, or facility, as well as all ground equipment, shall be identified by
owner, type, and size. The method(s) by which the antennas will be attached to the
mounting structure shall be depicted.
8. Site under conservation or open space easement. If the proposed facility would be
X
X
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.
9. Photographic simulations. At the request of the agent, photographic simulations of the
X
X
proposed facility.
10. Statement of justification for exempt collocation. If the application is for an exempt
X
collocation, a statement of the justification for the application qualifying as an exempt
collocation.
11. Evidence ofprior approval. Approval letters or actions from the County authorizing
X
the initial construction of the facility and any approval letters or actions for
modifications of the facility after initial construction. If no approvals were granted by
the County for the facility the applicant shall provide evidence that the facility was
constructed lawfully.
Draft: 07/08/15
Application Requirements
OIL
A
Type of pplication
I
II
1111
C/R
12. Special exception. If the proposed facility does not comply with any provision of
X
X
X
section 5.1.40, the applicant shall request a special exception in writing as part of the
(a) Guy wires. Guy wires are prohibited.
X
X
X
application. The request shall identify which regulation in section 5.1.40 for the special
(b) Outdoor lighting. Outdoor lighting for the facility shall be permitted only during
X
X
X
exception is requested and a justification for the special exception.
maintenance periods; regardless of the lumens emitted, each outdoor luminaire
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier II, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
Development requirements. Each facility or transmission equipment may be established upon approval as
provided in subsection (c) provided that the application satisfies the applicable requirements of subsection (a)
and demonstrates that the facility or transmission equipment will be installed and operated in compliance with
all applicable provisions of this chapter, and the following:
4
Type of Application
Development Requirements
I
II
III
C/R
1. General design. The facility shall be designed, installed, and maintained as follows:
(a) Guy wires. Guy wires are prohibited.
X
X
X
(b) Outdoor lighting. Outdoor lighting for the facility shall be permitted only during
X
X
X
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.
(c) Ground equipment. Any ground equipment shelter not located within an eligible
X
X
X
support structure or an existing building shall be screened from all lot lines either
by terrain, existing structures, existing vegetation, or by added vegetation
approved by the agent.
(d) Whip antenna. A whip antenna less than six (6) inches in diameter may exceed the
X
X
X
height of the facility, the eligible support structure, or the existing building.
(e) Grounding rod. A grounding rod, whose height shall not exceed two (2) feet and
X
X
X
whose width shall not exceed one (1) inch in diameter at the base and tapering to a
point, may be installed at the top of the facility, the eligible support structure, or
the existing building.
2. Antennas and associated equipment. Antennas and associated equipment that are not
X
X
X
entirely within a proposed facility, an eligible support structure, or an existing building
shall be subject to the following:
(a) Number of arrays. The total number of arrays of antennas shall not exceed three
X
X
X
(3). All types of antennas and dishes, regardless of their use, shall be counted
toward the limit of three arrays.
(b) Size. Each antenna proposed under the pending application shall not exceed the size
X
X
X
shown on the application, which size shall not exceed one thousand one hundred
fifty two (1152) square inches.
(c) Projection. No antenna shall project from the facility, structure or building beyond
X
X
X
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) from the facility, structure
or building; and
(d) Color. Each antenna and associated equipment shall be a color that matches the
X
X
X
facility, structure or building.
4
Draft: 07/08/15
_
Type of Application
Development Requirements
I
II
III
OR
3. Tree conservation plan; content. Before the building official issues a building permit for
X
X
X
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.
4. Creation of slopes steeper than 2:1. No slopes associated with the installation of the
X
X
X
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.
5. Ground equipment shelter; fencing. Any ground equipment shelter not located within an
X
X
X
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.
6. Screening and siting to minimize visibility. The site shall provide adequate opportunities
X
X
for screening and the facility shall be sited to minimize its visibility from adjacent
parcels and streets, regardless of their distance from the facility. The facility also shall
be sited to minimize its visibility from any entrance corridor overlay district, state
scenic river, national park or national forest, regardless of whether the site is adjacent to
the district, river, park or forest. If the facility would be located on 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.
7. Open space plan resources. The facility shall not adversely impact resources identified in
X
X
the natural resources chapter of the county's comprehensive plan and the parks and green
systems chapters in any county master plan.
8. Horizontal separation of multiple facilities. The facility shall not be located so that it
X
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.
9. Diameter of monopole. The maximum base diameter of the monopole shall be thirty
X
(3 0) inches and the maximum diameter at the top of the monopole shall be eighteen (18)
inches.
10. Height of monopole. The top of the monopole, measured in elevation above mean sea
X
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.
11. Color of monopole, antennas, and equipment. Each monopole shall be a dark brown
X
X
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
Draft: 07/08/15
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier II, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
S: Refers to a special exception.
C. Applicability of other regulations in this chapter. Except as otherwise provided in this subsection, each
facility or transmission equipment shall be subject to all applicable regulations in this chapter:
Applicability of other Development Requirements in this Chapter
Type of Application
Development Requirements
IV
I
II
III
OR
equipment shelter or within or behind an approved structure, fagade or fencing that: (i)
X
X
X
within a building site.
is a color that closely matches that of the monopole; (ii) is consistent with the character
2. Vehicular access. Vehicular access to the facility site or tower site shall be subject to the
of the area; and (iii) makes the ground equipment, ground equipment shelter, and the
X
X
X
requirements of section 4.2 and shall not be exempt under section 4.2.6(c).
concrete pad invisible at any time of year from any other parcel or a public or private
3. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a facility to be
street.
X
X
X
located closer in distance than the height of the tower or other mounting structure to any
12. Placement of cables, wiring, and similar attachments. Each wood or concrete
X
lot line if the applicant obtains an easement or other recordable document showing
monopole shall be constructed so that all cables, wiring, and similar attachments that
agreement between the lot owners, acceptable to the county attorney as to addressing
run vertically from the ground equipment to the antennas are placed on the monopole
development on the part of the abutting parcel sharing the common lot line that is within
to face the interior of the site and away from public view, as determined by the agent.
the monopole or tower's fall zone. If the right -of -way for a public street is within the
Metal monopoles shall be constructed so that vertical cables, wiring and similar
fall zone, the Virginia Department of Transportation shall be included in the staff
attachments are contained within the monopole's structure.
review, in lieu of recording an easement or other document.
13. Special use permit conditions. All conditions of approval of a special use permit.
X
14. No substantial change. The collocation or replacement shall not result in a substantial
X
change to the physical dimensions of an eligible support structure.
15. Replacement ofwooden monopole with metal monopole. The replacement of a wooden
monopole with a metal monopole:
(a) The monopole is setback farther in distance than its height to any lot line, or is
X
located closer in distance than its height to any lot line and the document
authorized by section 5.1.40(cl(3) exists.
b) The monopole is located closer in distance than its height to any lot line and the
S
document authorized by section 5.1.40(c)(31 does not exist and, for the purnoses
of this subsection, the monopole shall be classified as a Tier II facility.
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier II, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
S: Refers to a special exception.
C. Applicability of other regulations in this chapter. Except as otherwise provided in this subsection, each
facility or transmission equipment shall be subject to all applicable regulations in this chapter:
Applicability of other Development Requirements in this Chapter
Ty of Application
I
II
III
OR
1. Building site. Notwithstanding section 4.2.3(a), a facility is not required to be located
X
X
X
X
within a building site.
2. Vehicular access. Vehicular access to the facility site or tower site shall be subject to the
X
X
X
X
requirements of section 4.2 and shall not be exempt under section 4.2.6(c).
3. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a facility to be
X
X
X
X
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 as to addressing
development on the part of the abutting parcel sharing the common lot line that is within
the monopole or tower's fall zone. If the right -of -way for a public street is within the
fall zone, the Virginia Department of Transportation shall be included in the staff
review, in lieu of recording an easement or other document.
6
Draft: 07/08/15
Applicability of other Development Requirements in this Chapter
AL
A
Type of pplication
I
1 II
1111
OR
4. Area, bulk, and minimum yards. Notwithstanding the requirements of the district in
X
X
X
X
which the facility will be located, the area and bulk regulations, and the minimum yard
plans. The following shall be submitted with the building permit application: (i)
requirements of the district shall not apply.
certification by a registered surveyor stating the height of the reference tree that is used
5. Required yards. Notwithstanding section 4.11, a facility maybe located in a required yard
X
X
X
X
6. Site plan. Notwithstanding section 32.2, a site plan shall not be required for a facility,
X
X
X
X
but the facility shall be subject to the requirements of section 32, and the applicant shall
the plans to ensure that all applicable requirements have been satisfied.
submit all schematics, plans, calculations, drawings and other information required by
2. Tree conservation plan; compliance; amendment. The installation, operation, and
X
X
X
the agent to determine whether the facility complies with section 32. In making this
maintenance of the facility shall be conducted in accordance with the tree conservation
determination, the agent may impose reasonable conditions authorized by section 32 in
plan. The applicant shall not remove existing trees within the lease area or within one
order to ensure compliance.
hundred (100) feet in all directions surrounding the lease area of any part of the facility
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier II, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
d. Performance standards and requirements for approved applications. In addition to the applicable
development requirements in subsections (b) and (c), the following performance standards and
requirements shall apply to facilities, as applicable:
Ty of Application
Performance Standards and Requirements
I
II
III
C/R
1. Building permit application; submitting certification of monopole height and revised
X
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.
2. Tree conservation plan; compliance; amendment. The installation, operation, and
X
X
X
maintenance of the facility shall be conducted in accordance with the tree conservation
plan. 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
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.
3. Completion of installation; submitting certifications of compliance. Within thirty (30)
X
X
X
days after completion of the installation of the facility, the applicant shall provide to the
agent prior to issuance of a certificate of occupancy: (i) certification by a registered
surveyor stating the height of the tower or monopole, measured both in feet above
ground level and in elevation above mean sea level, using the benchmarks or reference
datum identified in the application; and (ii) certification stating that the lightning rod's
height does not exceed two (2) feet above the top of the tower or monopole and its
width does not exceed a diameter of one (1) inch.
4. Discontinuance of use; notice thereof- removal; surety. Within thirty (30) days after a
X
X
X
tower or monopole's use for personal wireless service or any service facilitated by
transmission equipment is discontinued, the owner of the facility shall notify the zoning
Draft: 07/08/15
Performance Standards and Requirements
]OIL
Type of Application
I
II
III
OR
administrator in writing that the facility's use has discontinued. The facility and any
transmission equipment shall be disassembled and removed from the facility site within
ninety (90) days after the date its use for personal wireless service or any service
facilitated by transmission equipment is discontinued. If the agent determines at any
X
X
X,
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
X
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.
X
X
X
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier II, and Tier III facilities, respectively.
C/R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
e. Application review and action. Each application shall be reviewed and acted on as follows:
-2
Application Review and Action
rype of Application
I
II
III
OR
�
1. Nature of review and action. The nature of the review and action on submitted
applications are as follows:
(a) Ministerial review and approval by the department of community development to
X
X
X,
determine compliance with applicable requirements of this section.
(b) Legislative review and approval of a special use permit by the board of
X
supervisors, subject to the applicable requirements of this section and of sections
33.4 and 33.8; to the extent there is any conflict between the time for action in
this subsection and in section 33.4, this section shall prevail.
'Notwithstanding any other provision of this chapter, an application for an exempt
collocation shall not be subject to review by the architectural review board and a
certificate of appropriateness shall not be required therefor.
2. Time for action. The application shall be acted upon within:
(a) 60 days.
X
X
X
(b) 90 days.
S2
(c) 150 days.
S2
X
2If the application requires a special exception, the time for acting on the special
exception applies to the entire application.
3. Calculating the time for action. The time for action on an application shall be
calculated as follows:
(a) Commencement. The time for action on an application shall begin on:
(i) The date the application is received in the department of community
X
X
development.
Draft: 07/08/15
Application Review and Action
Type of Application
I
II
III
OR
(ii) The submittal date established for this type of application by the director of
X
X
planning.
(b) Determination of completeness. Within thirty (30) days after the application is
X
X
X
X
received, the department of community development shall determine whether the
application includes all of the applicable information required by this section. If
any required information is not provided, the department shall inform the
applicant within the thirty (30) day period of the information must be submitted
in order for the application to be determined to be complete.
(c) Resubmittal. Within ten (10) days after a resubmittal is received, the department
X
X
X
X
of community development shall determine whether the application includes all
of the applicable information required by the initial notice of incompleteness. If
any required information was not provided, the department shall inform the
applicant within the ten (10) day period of the information must be submitted in
order for the application to be determined to be complete. Second or subsequent
notices that information is missing may not include information that was not
identified in the original notice of incompleteness.
(d) Tolling. The running of the time for action shall be tolled between the date the
X
X
X
X
department informs the applicant that its application is incomplete and the date
on which the department receives all of the required information from the
applicant.
X
X
X
X
(e) Extending time for action. The time by which action must be taken may be
extended upon request by, or with the consent of, the applicant.
4. Notice. Notice to third parties shall be provided as follows:
(a) Notice of the agent's consideration of an application for a Tier I facility with a
S
X
special exception or 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.
(b) Notice of public hearings shall be provided as required by section 33.4(m).
X
5. Action. An application shall be acted on as follows:
(a) The application shall be approved if it satisfies all of the applicable requirements
X
X
X
of this section.
(b) The application shall be acted on as provided in sections 33.4 and 33.8.
X
6. Disapproval of application; appeal. If an application is disapproved:
(a) If the agent disapproves an application, he shall identify which requirements
X
X
X
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
Draft: 07/08/15
Application Review and Action
Type of Application
I
II
III
OR
board of supervisors. An appeal shall be in writing and be received in the office
of the clerk of the board of supervisors within ten (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 applicable requirements of this section.
(b) In lieu of the appeal provided in subsection (a), the applicant at its sole option
X
X
X
may appeal the disapproval of the application related to an alleged violation of 47
USC § 332(c)(7) or 47 CFR § 1.40001, as applicable, in any court of competent
jurisdiction.
(c) The applicant may appeal the decision of the board of supervisors as provided in
X
Virginia Code § 15.2 -2285 and section 33.4.
7. Effect of failure to act within time for action. The failure to act on an application within
the time for action shall:
(a) Be deemed to be approval of the application; provided that the deemed grant
X
does not become effective until the applicant notifies the department of
community development in writing after the review period has expired that the
application has been deemed approved.
(b) Create a rebuttable presumption that the failure to timely act was not reasonable
X
X
X
under 47 U.S.C. § 332(c)(7)(B)(ii).
The following abbreviations are used in this table:
I, II, and III: Refer to Tier I, Tier II, and Tier III facilities, respectively.
C /R: Refers to exempt collocations and exempt replacements of transmission equipment.
X: Refers to a requirement that applies to the corresponding facility or transmission equipment.
S: Refers to an alternative review period that applies when an application for a special exception
accompanies the application.
f. Collocation or replacement that would result in a substantial change to an eligible support
structure. Any collocation or replacement of transmission equipment that would result in a
substantial change in the physical dimensions of an eligible support structure shall be subject to the
procedures and standards for a Tier I facility. A special exception shall be required for any
substantial change that does not satisfy the standards for a Tier I facility. Any collocation or
replacement approved for an eligible support structure by special use permit prior to October 13,
2004 shall not reclassify the eligible support structure as a Tier I, II, or III facility.
g. Removal of transmission equipment on any eligible support structure. Any transmission equipment
on any eligible support structure may be removed as a matter of right and regardless of any special
use permit condition providing otherwise.
h. 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
10
Draft: 07/08/15
request if the increase in height would cause the facility to be skylighted or would increase the
extent to which it is skylighted.
Administration of special use permits for facilities approved prior to October 13, 2004; conditions.
If any condition of a special use permit for an eligible support structure approved prior to October
13, 2004 is more restrictive than a corresponding standard in this section, the corresponding
standard in this section shall apply. If any condition of the special use permit is less restrictive than
a corresponding standard in this section and the applicant establishes that vested rights have
attached to the approved facility, the special use permit conditions shall apply.
Mobile personal wireless service facilities. Mobile personal wireless service facilities ( "MPWSF ")
shall not be subject to any requirements of section 5.1.40, and are otherwise permitted by right in
any zoning district, subject to the following:
Zoning clearance required; temporary non - emergency event. The owner shall obtain a
zoning clearance under section 31.5 prior to placing a MPWSF on any site for a temporary
non - emergency event. The MPWSF may be placed on the site for a maximum of seven (7)
consecutive days, and shall not be placed on any site for any temporary non - emergency
event more than twice in a calendar year.
Zoning clearance required; declared state of emergency. If a state of emergency is declared
by the President of the United States, the Governor of the Commonwealth of Virginia, or
the board of supervisors, the owner shall obtain a zoning clearance under section 31.5
within forty -five (45) days after placing a MPWSF on any site. The MPWSF may be placed
on the site for the duration of the state of emergency.
(§ 5.1.40, Ord. 01- 18(9), 10- 17 -01; Ord. 04- 18(2), 10- 13 -04; Ord. 13- 18(3), 5 -8 -13; Ord. 15- 18(1), 2- 11 -15;
Ord. 15- 18(2), 4 -8 -15)
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
Aye May
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
11