RESOLUTION TO APPROVE SPECIAL EXCEPTION #SE02-L-30
R. AND BETTY L. MILLS, PROPERTY OWNERS
WIRELESS STRUCTURES, APPLICANT
WHEREAS, James R. and Betty L. Mills, owners, and Community
Wireless Structures, applicant, have applied for a special exception under
Section 5-2000 (Public Utilities) and Section 11-102 of the Zoning
Ordinance to allow for a telecommunications tower; and
the special exception application has been properly filed and all required
notices of the public hearing have been properly made; and
the applicant has presented oral and documentary evidence; and
WHEREAS, on June 27, 2002, the Fauquier County Planning Commission
held a public hearing to consider the special exception request of
Community Wireless Structures and has forwarded a recommendation; now,
therefore, be it
by the Fauquier County Board of Supervisors this 19th day of
August 2002, That the Board of Supervisors does hereby find that the
application by Community Wireless Structures to locate a
telecommunications facility on the property of James R. and Betty L. Mills
and further identified as PIN 6888-38-9459-000 is in substantial
conformance with the Fauquier County Comprehensive Plan; and, be it
RESOLVED FURTHER, That the Board of Supervisors does hereby approve
the special exception request of Community Wireless Structures for the
property further identified as PIN 6888-38-9459-000, to allow for a
telecommunications tower, subject to the following conditions:
The special exception is granted for and runs with the land
indicated in this application and is not transferable to other land.
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.
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 plan submitted pursuant to this special exception shall be in
conformance with the Community Wireless Structures special exception
exhibit prepared by Marvin Hinchey, P.E. dated May 6, 2002 received in the
Planning Office May 17, 2002, and these conditions.
The use shall comply with Federal Aviation Administration (FAA) and
Federal Communications Commission requirements at all times.
The height of the tower shall not exceed 120 feet.
The tower shall be lighted only to meet FAA requirements with no
additional lighting permitted.
The tower shall be painted appropriately so as to minimize visual
impact as permitted by FAA regulations.
Prior to the issuance of the Zoning permit, one (1)
telecommunications provider shall have an executed lease with the
owner/applicant shall provide co-location 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.
The applicant shall provide to the County public service agencies,
at no cost to the locality, one acceptable site on the tower and necessary
space in the equipment shed. There
shall be no rental or maintenance fees charged to the County for this use.
The owner of each antennae or tower shall submit a report to the
Zoning Administrator once a year, no later than July 1, which states the
current user status of the tower.
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
there are two (2) or more users, then this provision shall not become
effective until all users cease using the tower.
A commercial entrance to the site shall be built to current
Virginia Department of Transportation standards prior to issuance of a
An ingress/egress easement for public emergency and maintenance
vehicles shall be granted to the County and indicated on the Final Site
Any wireless communications system operator shall take all
necessary steps to resolve any radio frequency interference between a
wireless communications system on the tower and any present or future
County public safety wireless communications system.
The limits of clearing and grading for the entire 47.41-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.
In order to further protect mature tree stands on the property, any
tree within 100 feet of the limits of clearing and grading and 60 feet or
taller in height shall be marked. These
trees shall be marked on the ground with a filter fabric fence or
equivalent demarcation at the dripline prior to clearing and grading and
at all times during construction. Signage
affirming “restricted access” shall be provided on the temporary fence
highly visible to construction personnel.
Prior to site plan approval, a structural analysis shall be
completed by a qualified engineer in accordance with ANSI EIA/TIA-222-F.
18. Prior to site plan approval, the applicant shall obtain an official FAA air hazard determination.