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ALBEMARLE COUNTY CODE
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.
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5. `- The installation, operation and maintenance of the facility shall be conducted in
accordance with the tree conservation plan. Dead and dying trees identified by the
arborist's report may be removed if so noted on the tree conservation plan. If tree
removal is later requested that was not approved by the agent when the tree conservation
plan was approved, the applicant shall submit 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
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conditions to assure that the purposes of this paragraph are achieved.
` ~6. The facility shall be disassembled and removed from the site within ninety (90) days of
Y,. 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 report states that the tower or pole is no longer being used for personal
wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in
technology that makes it likely that tower or pole will be unnecessary in the near future;
(iv) the permittee fails to comply with applicable regulations or conditions; (v) the
permittee fails to timely remove another tower or pole within the county; and (vi)
whenever otherwise deemed necessary by the agent.
= 7.�' The owner of the facility shall submit a report to the agent by no earlier than May or and
no later than July 1 of each year. The report shall identify each user of the existing
structure, and include a drawing, photograph or other illustration identifying which
equipment is owned and/or operated by each personal wireless service provider. Multiple
users on a single tower or other mounting structure may submit a single report, provided
that the report includes a statement signed by a representative from each user acquiescing
in the report.
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r lopes. associated =.with- the- installation- of- IJe€aci%i ry- and -accessory uses shall - be-
-that -are- steeper 4han 2 1~ -unlegs- retniftft Va ts.—r etments -or o leer bili,
bJp_t4 the, county en sneer are Toyed. (� DS h�tyte
J An equipment cabinet not located within an existing building shall be fenced only with
tj 6 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 H facilities. Each Tier 11 facility may be established upon commission approval of an
application satisfying the requirements of subsectioN*A.LAW*)Aannd demonstrating that the
facility will be installed and operated in compliance with all applicable provisions of this
chapter, ' ; and satisfying all conditions of the architectural review
board. The commission shall act on each application within the time periods established in
section 32.4.2.6. The commission shall approve each application, without conditions, once it
determines that all of these requirements have been satisfied. If the commission denies an
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Zoning Supplement #60, 5 -5 -10
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ALBEMARLE COUNTY CODE
application, it shall identify which requirements were not satisfied and inform the applicant
what needs to be done to satisfy each requirement.
J1.i The facility shall comply with subsecti "nd subsectio ai(3) through
(9).
2. 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. If the facility would be visible from a state scenic river or a national
park or national forest, regardless of whether the site is adjacent thereto, the facility also
shall be sited to minimize its visibility from such 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.` The facility shall not adversely impact resources identified in the county's open space
,may plan.
`4. 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. The maximum base diameter of the monopole shall be thirty (30) inches and the
'4,1.,1" maximum diameter at the top of the monopole shall be eighteen (18) inches.
6. The top of the monopole, measured in elevation above mean sea level, shall not exceed
a r the height approved by the commission. The approved height 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 pole above the pre- existing
natural ground elevation; provided that the height approved by the commission may be
up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to
the satisfaction of the commission 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 applicant may appeal
the commissioner's denial of a modification to the board of supervisors as provided in
subsection 5.1.40(d)(12).
7. Each wood monopole shall be a dark brown natural wood color; each metal or concrete
monopole shall be painted a brown wood color to blend 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 cabinet, 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
such a color if they are enclosed 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 and concrete pad invisible
at any time of year from any other parcel or a public or private street.
,g` Each wood 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 pole to face the interior of the property 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.
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Zoning Supplement #60, 5 -5 -10