December 2, 2005



Peter J. Caramanis, Esq.

Tremblay & Smith LLP

105 East High Street

Charlottesville, VA 22902



RE:      SP 2005-00023 Ford, Linda – ALLTEL Tier III (Sign #77)

            Tax Map 59 - Parcel 80C



Dear Mr. Caramanis:


The Albemarle County Planning Commission, at its meeting on May 24, 2005, unanimously recommended approval of the above-noted petition to the Board of Supervisors.

Please note that this approval is subject to the following conditions:


1.       The replacement power pole, antennas and ground equipment shall all be sized, located, installed and maintained in general accord with the site construction drawings of the facilities, structure elevations and schematic drawings, entitled “Alltel - Linda Ford Bucks”, last revised November 7, 2005 and initialed SBW on November 8, 2005.

2.       Prior to the issuance of a building permit, the applicant shall submit a final revised set of site construction drawings of the facility.  Planning staff shall review the revised plans to ensure that all appropriate conditions of this special use permit have been addressed.

3.       The top of the replacement pole antenna shall not exceed a height of 53 feet above ground and elevation of 731 feet above sea level.

4.       The replacement pole shall be of a color and finish that is consistent with the other existing poles that are to remain within the power line easement, and the antennas shall be painted to match that color and flat finish as well.

5.       The ground equipment cabinets shall be painted a flat, natural dark brown color and/or screened in accordance with the requirements of the Architectural Review Board.

6.       The gravel access road shall be screened from State Route 250 in accordance with the requirements of the Architectural Review Board.

7.       The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued.  If the agent determines at any time that surety is required to guarantee that the facility will be removed as required, the agent may require that the parcel owner or the owner of the facility submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the facility. The type and form of the surety guarantee shall be to the satisfaction of the agent and the county attorney. In determining whether surety should be required, the agent shall consider the following: (i) the annual report states that the tower or pole is no longer being used for personal wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in technology that makes it likely the tower or pole will be unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations or conditions; (v) the permittee fails to timely remove another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the agent.

8.       The owner of the facility shall submit a report to the agent by no earlier than May and no later than July 1 of each year. The report shall identify each user of the existing structure, and include a drawing, photograph or other illustration identifying which equipment is owned and/or operated by each personal wireless service provider. Multiple users on a single tower or other mounting structure may submit a single report, provided that the report includes a statement signed by a representative from each user acquiescing in the report.

9.       Certification by a registered surveyor stating the height of the replacement pole, measured both in feet above ground level and in elevation above mean sea level, and using the benchmarks or reference datum identified on the construction plan shall be submitted to the agent after installation of the monopole is completed and prior to issuance of a certificate of occupancy.


View staff report and attachments

View PC minutes

Return to regular agenda


Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 14, 2005. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date.


If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.






Stephen B. Waller

Senior Planner

Zoning and Current Development Division





Cc:       Ford, Linda K Trustee of the Linda K Ford Revocable Trust

            3050 Ivy Road

            Charlottesville, VA 22903


Ella Carey                                                        

Amelia McCulley

            Jack Kelsey                                                     

Steve Allshouse