HomeMy WebLinkAboutSDP201300046 Application 2013-08-04 FOR OFFICE USE ONLY Application# SIGN#(it P
QQr a%
Fee Amount$I I Y� Date Paid 6-14 5y who? V" f O("j) le I, b., Receipt# -1 yv C.LJ Ck# 1 526 by: TraQ
ZONING ORDINANCE SECTION
Application for
Personal Wireless Service Facility
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 CS Tier III ❑ Building Permit after Tier II or Tier 111 approval ❑
EXISTING COMP PLAN LAND USE/DENSITY:
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
648 Dry Bridge Road, Charlottesville, VA 22903
TAXMAPPARCEL(s): 05700-00-00-049C0
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): 0 . 021
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 call/write concerning this project?): Cheryl Lynn Taylor
Address 4164 Innslake Dr. , Ste. B City Glen Allen State VA Zip 23060
Daytime Phone(804 852-8275 Fax#( ) E-mail c.taylor @velocitel .com
The applicant is a representative of: AT&T Mobility
Owner of Record Jay Y. and Shirley Brockman Gillenwater
Address 648 Dry Bridge Road City Charlottesville State VA Zip 22903
Daytime Phone(4 3 4) 296-3878 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:
❑ Variances:
Tier 1 =Building Permit Tier II=Site Plan Tier III=Special Use Permit Letter of Authorization ❑YES ❑NO
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126
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 I1 and Tier III applications.
(TIER U AND TIER III 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)
❑ 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.
l 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.
l� 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
l The height,caliper and species of al 'ees where the dripline is located within fifty(50)`'1'�t 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.
l 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)
❑ 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 H OR TIER III FACILITY)
❑ 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.
l 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
( The following shall be submitted w'',owee building permit application:(i)certification I egistered surveyor stating the height
of the reference tree that is used to determine the permissible height of the monopole;an 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 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 I11 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, I/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,I1 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 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,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;compliar amendment. The installation,operation and mai- lance of the facility shall be
conducted in accordance with the trw„monservation plan.The applicant shall not remov, 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 11 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 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(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 any time 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 N,.,'ar attachments. Each wood or concrete monopnall 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 111 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 Personaleffireless 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 internet 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)
Revised 6/6/2013 Page 8 of 12
Tier I personal wireless service facility or TiN,.yacility:A personal wireless service facility that.,seis 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
1 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 buildin ermits and certificates of occupancy for Tier II and Tier III facilities.
8/ IS
Signature o Owner, Contra urchaser, or Applicant Date
Cu t cry I L. Tay to✓ (804)85 -8 275
Print Name Daytime phone number of Signatory
Revised 6/6/2013 Page 9 of 12
Required DES to be paid at time of appwcation:
What type of Personal Wireless Service Facility are you applyin for?
❑ Tier I Facility $106.50
❑ Tier 11 Facilities $1820
❑ Tier III Facilities $2000
❑ Notification Requirement for Tier II and Tier III for up to 50 notices $200
❑ 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 Su omission and Review Schel ule
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
Oct14 Nov7
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 I
Revised 6/6/2013 Page 12 of 12