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

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 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

RESOLVED by the Fauquier County Board of Supervisors this 16^th day of September 2002, That the Board of Supervisors does hereby find that the application by Community Wireless Structures to locate a telecommunications facility on the property identified as PIN 6888-38-9459-000 is in substantial conformance with the Fauquier County Comprehensive Plan; and, be it

RESOLVED FURTHER, That the special exception request of Community Wireless Structures to locate a telecommunications facility on the property of James R. and Betty L. Mills further identified as PIN 6888-38-9459-000 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 special exception plat approved with the application, as qualified by these development conditions.

3. 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, and these 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 lattice tower with a tower height not exceed 120 feet.

6. The tower shall be lighted only to meet FAA requirements with no additional lighting permitted.

7. The tower shall be painted with a graduated painting design for a maximum camouflage effect with a dark green base fading to white at the top so as to minimize visual impact as permitted by FAA regulations.

8. Prior to the issuance of the Zoning permit, one (1) telecommunications provider shall have an executed lease with the applicant. 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.

9. The applicant shall design the lattice structure and foundation to support a 25% increase in height for future County use only. In the event that County public service agencies have a need for radio service in this vicinity, the tower owner shall extend the height of the tower for County use and provide necessary space in the equipment shed, upon request of the Board of Supervisors. Such extension shall be at no cost to the locality. There shall be no rental or maintenance fees charged to the County for this use.

10. 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.

11. 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.

12. An ingress/egress easement for public emergency and maintenance vehicles shall be granted to the County and indicated on the Final Site Plan.

13. 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.

14. 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.

15. 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.

16. Prior to site plan approval, a structural analysis shall be completed by a qualified engineer in accordance with ANSI EIA/TIA-222-F.

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