WHEREAS, George C. and Helen F. Elmore, Owners, and New Cingular Wireless PCS LLC, d/b/a AT&T Mobility, Applicant, request Special Exception approval to allow the construction of a personal wireless facility greater than eighty (80) feet in height on PIN 7904-15-6717-000; and

WHEREAS, on May 28, 2009, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and recommended approval subject to conditions; and

WHEREAS, on July 9, 2009, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 11-102.2 and 11-102.3; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 9th day of July, 2009, That SPEX09-CT-007 be, and is hereby, approved, subject to the following conditions:

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

2.      This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception plat dated October 30, 2008, last revised April 20, 2009, signed by John Cabot Goudy on April 20, 2009, as qualified by these development conditions.

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

4.      The Special Exception approval is for a 110 foot monopole plus a 7 lightning rod mounted on top of the pole.

5.      The applicant shall allow other carriers to locate on the tower, consistent with the Fauquier County Zoning Ordinance.  Such accommodation shall be made at market rates.

6.      The application for Zoning/Building permit shall include a certification by qualified engineers that the tower will be constructed to accommodate additional carriers.  No zoning or building permit will be issued without such certification.

7.      No trees within 200 feet of the telecommunications facility shall be removed, except the minimum needed to construct the facility and provide access.  Trees to be removed shall be shown on the Major Site Plan.  If trees are destroyed or removed beyond those authorized by the site plan, they shall be replaced at the sole cost of the applicant, including larger caliber trees as necessary to restore screening.

8.      All illegal outdoor storage shall be removed from the property and properly disposed of before approval of the site plan.

9.      All antennas shall be flush-mounted and shall be of materials and colors that match the pole.  The monopole shall either maintain a galvanized steel finish or be painted a neutral color to reduce visual impact. 

10.  No signals or lights shall be allowed, unless specifically required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), State or Federal authorities, or the County.

11.  No commercial advertising shall occur on the site.

12.  No more than 500 square feet of unmanned equipment structures shall be allowed per user on the site, with a maximum height of 12 and with all equipment cabinets finished in neutral, non-reflective colors and materials.

13.  No division or boundary line adjustment of this property shall occur which removes a 200 wooded buffer from the monopole property or which could allow the placement of a residential unit within 300 feet of the antenna.

14.  Major Site Plan approval shall not be granted without agreement from Columbia Gas allowing construction of the access road across their easement.

15.  No building permit for the facility shall be approved prior to approval of a grounding plan for the facility.

16.  The owner of the facility shall submit a report to the Zoning Administrator each year by July 1st.  The report shall state the current users of the tower.

17.  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 communications purposes, consistent with the Zoning Ordinance.

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