william and nelson martin, owners, at&t wireless, Applicant

WHEREAS, at&t Wireless has filed a request for Special Exception, pursuant to Articles 5 and 11 of the Fauquier County Zoning Ordinance, seeking to locate a telecommunications tower on the subject property; and

WHEREAS, on June 26, 2003 , a public hearing was held by the Planning Commission; and

WHEREAS, written and oral comments regarding the location of the proposed telecommunications tower were submitted to the Planning Commission; and

WHEREAS, upon review of the record including the written and verbal communications of the applicant, consultants and the public, the Planning Commission has recommended to the Board of Supervisors that SE03-CR-29 be denied for the reasons set forth herein and contained in the record; and

WHEREAS, on July 21, 2003 , the Fauquier County Board of Supervisors conducted a public hearing on this request; and

WHEREAS, the Board of Supervisors has found that new information provided by the Applicant provides justification sufficient to override the recommendation of the Planning Commission; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 18th day of August 2003, That Special Exception SE03-CR-29, at&t Wireless, Applicant 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: 005-017 Martin Raw Land as prepared by Centrex Communications Services, Inc., dated March 17, 2003 , 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 105 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 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.

17.        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 collocation cannot be accomplished.

18.        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.