RESOLUTION

A RESOLUTION TO APPROVE SE03-C-11, A TO ALLOW FOR THE CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY AND COMPOUND, AT&T WIRELESS SERVICE, INC., APPLICANT, GEORGE C. & HELEN F. ELMORE, OWNERS

WHEREAS, AT&T Wireless (Applicant), and George and Helen Elmore (Owners) have applied for a Special Exception to construct a 110-foot monopole communications tower on the property identified by PIN: 7904-15-6717-000; and

WHEREAS, the special exception application has been properly filed and all required notices of the public hearing have been properly made; and

WHEREAS, the applicant has conducted the required balloon tests and provided the required documentary evidence in support of the proposed special exception; and

WHEREAS, the applicant has demonstrated that the proposed tower height and location will provide significantly improved wireless coverage for the proposed service area; and

WHEREAS, the applicant has also demonstrated that there are no tower collocation opportunities available that would alter the technical justification for this proposed tower; and

WHEREAS, the applicant has stipulated certain conditions of development that will diminish any negative impacts on the community; and

WHEREAS, Atlantic Technology Consultants, Inc., the County’s Telecommunication Consultants, has reviewed the location, height, collocation opportunities, and technical justification for the proposed tower; and

WHEREAS, Atlantic Technology Consultants concurs with the applicant’s design, justification, and development conditions and has recommended approval of the proposed tower; and

WHEREAS, the Fauquier County Planning Commission has conducted a public hearing and has reviewed both public testimony and the technical justification for this tower; and

WHEREAS, on January 7, 2003, the Planning Commission voted to forward SE03-C-11 to the Board of Supervisors with a recommendation of approval; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 21st day of April 2003, That SE03-C-11, to allow for the construction of a 110-foot monopole, telecommunications facility and compound on ± 55.5 acres, further identified as PIN #7904-15-6717-000, AT&T Wireless Service, Inc., applicant, George C. & Helen F. Elmore, owners, be, and is hereby approved, subject to the following conditions:

1.      This Special Exception is subject to the provisions of Article 12 of the Fauquier County Zoning Ordinance, Site Plans, as may be determined by the Fauquier County Department of Community Development.  Any plans submitted pursuant to this Special Exception shall be in conformance with the Special Exceptions Exhibits submitted by AT&T Wireless Services, LLC, Site Number: 005-009-Elmores Raw Land as prepared by Centrex Communications Services, Inc., dated September 20, 2002 , and these conditions.

2.      The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

3.      This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on Special Exception plat approved with the application, as qualified by these development conditions.

4.      The use shall comply with Federal Aviation Administration (FAA) and Federal Communications Commission requirements at all times.

5.      This approval is for a monopole tower with a tower height not exceeding 110 feet.

6.      Prior to site plan approval, the applicant shall obtain an official FAA air hazard determination.

7.      There shall be no signals or lights or illumination on any antenna, unless required by state or federal authorities, or the County.

8.      The antennas shall be flush mounted to the pole in order to minimize the visual impact.

9.      A 6-foot chain link fence shall surround the area.  The area shall be large enough to allow future shelters to be accommodated. 

10.  The structure shall be sited within a stand of trees of a minimum 100-foot radius depth. 

11.  The dual-polarized antennas, the pole and related equipment cabinets shall all be within the size and height limitations specified in the Ordinance.

12.  Antennas and pole shall be finished in non-reflective materials of matching color.

13.  The equipment cabinet(s) shall also be finished in a neutral, non-reflective material.

14.  There shall be no commercial advertising on the Site.

15.  All ground equipment shall be within a 2,500 square foot fenced and secured area that shall be surrounded by mature woodland and shall be virtually undetectable from public ways or abutting properties.

16.  The Site shall be located within a heavily treed area offering a minimum wooded area radius depth of 100 feet.

17.  The limits of clearing and grading for the entire 55.5-acre parcel shall be indicated on the site plan.  To the extent possible, existing mature tree stands shall remain.  There shall be no disturbance beyond the indicated limits of clearing and grading. The applicant shall not remove existing trees within 200 feet of the site except as authorized to permit construction of the facility and provide for vehicular access to the site.

18.  Prior to the issuance of the Zoning Permit, at least one (1) telecommunications provider shall have an executed lease with the applicant.  The owner/applicant shall provide collocation opportunities to other carriers so long as it is technologically possible.  The applicant shall provide written documentation to the Fauquier County Zoning Administrator in the event that any future co-location cannot be accomplished.

19.  Any antenna or tower shall be disassembled and removed from the site within 90 days of the discontinuance of the use of the tower for wireless telecommunications purposes.  Removal includes the removal of the antennas, telecommunication towers, fence footers, underground cables and other related equipment/structures.  If there are two (2) or more users, then this provision shall not become effective until all users cease using the tower.