A RESOLUTION TO APPROVE SPECIAL
JAMES R. AND BETTY L. MILLS,
COMMUNITY WIRELESS STRUCTURES,
PARCEL IDENTIFICATION NUMBER 6888-38-9459-000
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 16th 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:
The special exception is granted for and runs with
the land indicated in this application and is not transferable to other
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
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
The use shall comply with Federal Aviation
Administration (FAA) and Federal Communications Commission requirements at
This approval is for a lattice tower with a tower
height not exceed 120 feet.
The tower shall be lighted only to meet FAA
requirements with no additional lighting permitted.
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
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 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.
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 equipment/structures. If
there are two (2) or more users, then this provision shall not become
effective until all users cease using the tower.
An ingress/egress easement for public emergency and
maintenance vehicles shall be granted to the County and indicated on the
Final Site Plan.
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.
Prior to site plan approval, the applicant shall
obtain an official FAA air hazard determination.