Buckingham County Planning Commission Monthly Meeting Packet



Buckingham County Planning Commission Monthly Meeting Packet
Buckingham County
Planning Commission
Monthly Meeting
June 24, 2013
Buckingham County Planning Commission
County Administration Building
1. Call to Order by Planning Commission Chairman
Pledge of Allegiance
Establishment of Quorum
2. Adoption of Agenda
3. Approval of Minutes
A. May 20, 2013 - Joint Work Session*
B. May 28, 2013 - Regular Meeting*
4. Public Comment
5. Old Business
A. Public Hearing - NCT- Toga- Case 13·SUP219*
B. Discussion- Draft Mobile Home Park Ordinance*
6. Reports I Correspondence
A. Building Permits*
7. Zoning Administrator's Report
8. Commission Matters I Concerns
9. Adjournment
Buckingham County
Board of Supervisors
Planning Commission
Work Session
May20, 2013
At a joint work session of the Buckingham County Board of Supervisors and Planning Commission
held on Monday, May 20,2013 at 7:00p.m. in the Peter Francisco Auditorium, the following
members were present: I. Monroe Snoddy, Chairman; Danny R. Allen, Vice Chairman; E.A. "Bill"
Talbert; Joe Chambers, Jr.; and John N.Staton. Cassandra Stish and Donald E. Bryan were absent
Those present with the Planning Commission were John E. Bickford, Chairman; Patrick Bowe;
Danny R. Allen and Samuel Smith. Alice Gormus; James D. Crews; Chet Maxey; and Royce Charlton
were absent. Also present was Rebecca Cobb, Zoning Administrator.
Re: Quorum Present
Chairman Snoddy certified that there was a quorum, five of seven members present, and that the
meeting could continue.
Re: Planning Commission Quorum Present
Chairman Bickford certified that there was not a quorum, four of eight members present, and that
the meeting could continue but no action could be taken.
Re: Call to Order, Invocation and Pledge of Allegiance
The meeting was called to order by Board of Supervisors Chairman Snoddy and Planning
Commission Chairman Bickford. Supervisor Talbert gave the invocation and the Pledge of
Allegiance was said by all who were in attendance.
Re: Presentation regarding the Mobile Home Park Ordinance
Cobb: I do have a presentation for you. The presentation basically works off the sheet that I have
provided to everyone. In the sheet there are three columns. The middle column shows the Mobile
Home Park Ordinance and what it currently says. It's just the bones of it. The numbers that are in it
and the other information that is in the ordinance as well. The column on the right is the proposed
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Work Session
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The current specifications, well the last revision was done in 1991 so it's been quite a while. We've
changed our comprehensive plan quite a bit since then. Our zoning was started since then. So
things have really changed so we need to take a look at this ordinance. It currently says that 3 or
more mobile homes constitute a mobile home park. That is a state definition and actually we will
be maintaining that definition. Three acres is the minimum for any mobile home park Park road
frontage is 100 feet minimum. The density is three units per acre. Each lot has to be 10,000 square
feet Each lot in the park must be at least basically of an acre. The maximum home area within
the lot must be 25% which would be 2500 square feet. The minimum lot width is the greater of
either 50 feet or five times the home width of the home that's on that lot. Homes set back from the
street must be 25 feet back from the street. Homes from other buildings are a minimum of 50 feet.
Other building set backs (that would be sheds and other things on the property) would be 75 feet
from the center.of the street and also 75 feet from other property lines. Parking spaces required
are two per home.
Those are the basic things there and the Planning Commission looked at those items there and
thought about mobile home parks that we currently have in the county and how we would want to
change things. The topic that kept coming up was that we want it to be more attractive. So many
times they become run down and ugly and depending on location, that is really not what we want
people passing through our county to see. So from the idea of more attractive we talked about
location in the county, visibility, access roads, upkeep or maintenance and then open space. I will
go through all those individually now.
The location in the county, we talked about growth areas. In our comp plan we do have a land use
map that outlines those growth areas where we would want to see more density. We also talked
about if someone had larger acreage and not have as many units and have a smaller density that we
could allow those in other areas within the county.
Visibility: Distance from the state highway. This is in regards to setbacks. We thought that there
could be two separate setbacks. So for major corridors like Rt. 15, 60, 20 we would have possibly
greater setbacks and on secondary roads we could loosen those setbacks a little bit.
Also a vegetative buffer. We would like to see some screening along the roads as well as along
other property lines.
Orientation of the homes. We thought about the mobile home parks that we currently have in the
county and the ones that we thought were more attractive, those that are an eye sore and those that
we thought were set up well and managed well, tended to be the ones that were set up
perpendicular to the road. Meaning when you drive down the road, you are kind of looking at the
end of the homes instead of the whole front.
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Work Session
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Access roads. We wanted to put in standards for construction. We are thinking county standard
roads but if someone wanted to pave them, they could. We would also want to see an emergency
vehicle plan so that would be turnaround locations and a place for a fire truck to sit in order to fight
fire in that area or the ingress and egress so people could get out if a fire truck was in there, it
wouldn't be blocking everyone in.
The maintenance and upkeep. This is something that we are still not sure how to do or if to do and
are looking for your direction on this because once a mobile home parks are established they tend
to get run down and are not kept up. We were thinking of something like ...this is for the new ones,
not the one's existing now, but for any new mobile home parks, they would certify to the county
annually that the road is still meeting the road conditions that we set forth property conditions are
still good and home conditions are still good and that sort of thing. If they didn't sent that annually
back in then they could face a fine or if we went to the property and find that it wasn't meeting
those standards, then they could face a fine. That would be staff intensive and would take a Jot of
time so that's why that is still kind of up in the air for you all to decide.
Also open space. We want to require that they have some open space and part of that open space
would be to provide recreational area for those in the mobile home park and also they could cluster
their homes together and have open space there.
These are things that we are proposing. This is the third column on your sheet. You will see the
portions in black are items that are currently in our ordinance and the portions on the screen in the
blue are changes. (referring to her presentation)
So it would be three or more would be a mobile home park. Again this is a state definition so this is
something that we would be maintaining but we push a maximum of 36 so you could not apply for a
mobile home park with more than 36 units. Three acres area minimum however we are offering a
bonus that if they cluster their homes they could do 2 IA acres. 100 foot road frontage would
remain the same. So we are looking at 3 units per 2 IA acres. 36 units max on 2 7 acres. Each lot
would be ¥.2 acre however if they cluster their homes together in one area, they could be % acre Jots
for each home and there could be additional open space. We are not doing a maximum home area
or minimum lot width so basically whatever size home they wanted to put there if they could fit
that on the acreage requirement and the setback requirements, if they could meet that they could
put whatever size home they want to on the lot. Setbacks, 25 ft minimum from interior roads and
increasing that for exterior roads. So right now in the current ordinance it doesn't specify,
however, most mobile home parks are along a major road and then they also have a road that goes
in and serves them. So we are wanting to differentiate between those and have a greater setback
from the exterior roads or the major roads or highways. 50 ft setback from homes and buildings.
This is staying the same. Other buildings such as sheds, 75 foot from the center of street and
property lines, that's remaining the same. Two parking spaces per home is remaining the same.
Minimum of~ acre of open space per home. Then for buffer, we are saying that they are to either
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Work Session
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Page 106
maintain the natural buffer if they have a tree line or shrub line already on their property, they
would need to maintain that or/and they could do two rows of evergreens.
Staton: Wait a minute, Mrs. Cobb. Are you talking about not individual mobile homes but the
whole lot?
Cobb: Correct Yes. This would be to screen from the roadway and people driving by as well as
adjacent property owners. So yes, it would the whole perimeter instead of each individual lot
Bowe: How wide is the buffer?
Cobb: We have not at this point stated a distance. I think if someone's going to do natural, we have
not said what the minimum would have to be for that width or we haven't said that if they had to
plant two rows of evergreens, what distance they would have to be.
Smith: Suggested distance for cypress is 12 ft apart and staggered for 12 ft and if you are going to
do two rows, that is 24 feet. So, there it is.
Talbert: Against the trailer lot.
Smith: No, no. This is just a buffer between the excess road, let's say Rt. 60 and Mr. Snoddy's
trailer park. Between the road, to block the visibility.
Allen: Is that for the buffer and the setback or a buffer in the setback?
Cobb: The buffer would be maintained within the setback. If we have a park and the homes have to
be a certain distance from the road so we are going to say 50ft from the road and the buffer is going
to be 24ft wide, so you would have 25ft for the buffer and then another 25 ft to the homes.
So then the roads will be a minimum for county roads with a plan for emergency vehicles.
Staton: Right there I would like to say that the common road for this trailer park is for division
here. I think it goes down the middle and the trailers go on the side like that That road should be
built to VDOT standard and then we won't have to worry about the rest of it, including the cul-desac at the end of it if necessary.
Talbert: That will solve it all because it costs a million dollars a mile to put a road in.
Bowe: It's not that kind of a road.
Talbert: A state road.
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Staton: The states not going to have to put it in Bill. The developer will have to put it in to state
standards. If we go with the county thing, I can see it coming back to bite us. "Well we built it to
county standard, let the county take care of it." If they are going to put 36 houses in it, you are
going to have to have a common access road to get to them. 36 trailers. So the way that I would do
it with the buffers is put the road down the middle and set the lots on each side like that.
Allen: What you are saying earlier is saying facing that road where the ends were to the state road.
Bowe: That's what the thing said up there a little while ago where the trailers were sitting
perpendicular to the road and I don't think that's right. We never agreed to that.
Cobb: You didn't?
Bowe: No. The trailer park at 60 & 632 is horizontal. They are parallel with the road not
Cobb: Are you talking about parallel to the interior road?
Bowe: Yeah.
Cobb: No, I'm talking about to the exterior road. The main highway.
Smith: The drive by road.
Bickford: The one that is less visible.
Staton: You are putting a buffer up.
Smith: There is an option for a natural buffer. The trees that are already there, leave them but they
are not going to be as thick as planted evergreens or red tips or whatever landscaping blind you put
up. If there is already a natural buffer there, even if you are facing the end of the trailer it's not
quite as visible as the whole side.
Staton: I still think the common road inside of that should be built to VDOT standards. You
eliminate load bearing characteristics for emergency vehicles such as fire trucks, the width you've
got to have, so forth and so on.
Bowe: If anyone wants to see what this evolves into, go check out the one behind Chuck Stop.
Imagine trying to get a fire truck into that place.
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Talbert: 25 miles an hour wind in a lA. acre, forget about them all. Just get the kids out and the
family out and forget about the trailer, it's gone. Those things go up like gas.
Bowe: I'm just talking about the road itself.
Allen: Last time I was down there it had big potholes in it and trees. You couldn't hardly get across
the road.
Bowe: You couldn't get an emergency vehicle in there.
Talbert: You are not going to save the trailer no way.
Howe: Probably not
Talbert: I know you not I've been on Appomattox for 15 years and Toga 54 years and we've never
saved one yet All of them have formaldehyde in it All the interior. They finally took that out and I
don't know what they put in there. Forget the fire thing. But what I'm saying if you are going to set
up a house on %. acre, you are going to get somebody killed because you get the 35-40 mile per hour
wind and a fire comes, you can't fight it. That's it Try to save a life and that's it. I don't know. Can I
say this, I don't know how it happened because a disgrace, I know it's in John's district and I'm not
talking about his district but how on earth do you take two houses probably worth lh million
dollars and you set trailers up there, $10 trailers up there across the road and I know the man's got
them and he's a friend of mine and I know he trying to make money off of rental property but to me
that shouldn't be allowed, but how do you control it I know one of them. We are supposed to have
age of trailers. A certain age, you're not supposed to put them but I bet one of them is, I don't know
how old it is but anyway that's a disgrace. You can put all the buffer you want you have ruined the
property across the road.
Staton: The state has a law on how old they can be before you can move them.
Carter: 1972.
Talbert: Have you been over there and looked at it?
Carter: Is it a mobile home park or a mobile home on a piece of property?
Cobb: No, what he's talking about is ...
Talbert: It's four trailers on 640. Go ahead.
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Work Session
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Cobb: That scenario is someone had a piece of property and they bought a larger piece of property
that goes around that. They used the subdivision rules for the larger piece of property and cut off 2~
two acre lots. Then because the property is so large, and the number of homes they can put on a
piece of property, they brought in additional mobile homes on the remaining property too. They
wanted to do three and I said no, three would be considered a mobile home park. So they said we
won't do the three. So they have four there because the divided the property first and put the
homes on individual lots. The homes that he purchased were used homes that look very rough.
Carter: Do you know if they are prior to 1972?
Cobb: I don't know.
Carter: Tommy should know that. Because you are not allowed to because 1972 is prior to the
Building Code.
There were several conversations going at the same time. It was inaudible.
Talbert: I don't know what the answer is. When we travel going out to Indiana, they've got
probably a thousand trailers out there in one place. None of them is any closer to 64 down there.
But they've got roads all in them which is state specs but they don't look bad. But same thing is
going to happen there one of these days when they catch on fire. Most of them are close to a town
or something. Five minutes or less that the fire truck can get there but here in this county, you are
talking me going to Toga, it's five miles, a mile a minute, that's five minutes and then about ten
minutes it's gone. You might as wellkiss it good bye.
Smith: National average for a trailer fire is 11 minutes and 15 seconds and it's gone.
Talbert: But there is no way we can keep them out of the county. I know some counties do. You
can have one set up while you build a home but I don't want to be that restrictive because people
have got to have a place to live. People, I know of subdivisions in my district, the roads aren't fit for
a dog to run over much less people that they are renting to get in there. You know what I'm talking
about. But he is getting $300~$400 a month rent out of it and he's making money. Yet it's not fair to
the renters if that's all they can afford. Especially if they are getting government subsidy. I don't
know what the answer is. I don't think anybody is going to sit here tonight and solve it either.
Staton: We don't have any rules in place to require them ...yet ...l see where it's on here. We don't
have any rules in place to require them to upkeep it.
Bowe: Allow road stripping. That's where your problem is. It's road stripping itself. Always say
before any road stripping takes place you've got to record a set of restrictions that we have to
approve to keep lh million dollar houses and trailers from being side by side.
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Cobb: To toughen up the road, we did on the Planning Commission discuss having paved roads,
one idea we had before we narrowed it down to this, is if it was a smaller mobile home park they
would do county spec roads and if it's a larger mobile home park, they would do VDOT spec roads.
Then we changed that because the discussion was of the cost The Comprehensive Plan does
require that we allow some form of affordable housing and mobile home parks are affordable
housing so that is the reason it was taken out and just left it as the county. One thing that I am
approaching and working into is to work the language into the ordinance which states that each
case, we will judge on it's own merit So we would look at their plan and see what's the location and
we look to see if the location meets with the density and lot size, the number of homes that's going
Carter: Isn't that in our zoning and subdivision, there is a limit to where it kicks in to state
maintained roads? Is it where a smaller subdivision can have county spec.?
Staton: Three or more houses has to be built to state specification.
Carter: This would be three mobile homes.
Staton: This was considered a family subdivision?
Cobb: Three is considered a minor subdivision. Four or more is considered a major subdivision.
The four or more is what requires the state.
Staton: There is a thing right now down there in Cumberland where a developer put 20 some
singlewides, some doublewides, 1 or 2 small stick built houses on a tract of land and built the road
frontage road to VDOT standards and whenever it rains, snows, potholes or whatever, they call
VDOT. US Mail doesn't deliver mail down there. People are just up and down and up and down and
you are talking about 20-30 families on that road. I want to keep us out of that situation. Whether
it's legal or not is not the big point, the big point is there is going to come a point and time when it is
going to be political tenable for any Board who refuses it. Contractors disappear, developers
disappear. People that live there live there because that's all they can afford to do any better and
they don't have the money.
Smith: So basically they are on a private road.
Carter: Don't we require a bond?
Chambers: When the developer disappears, where'd the money go? Somebody's got to pay for it.
Cobb: Once it's constructed to whatever standards, the bond is released.
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Staton: These are owned generally by the people that live on it
Carter: We have a bond to make sure it's constructed the way it's supposed to be but not to
Cobb: So the next item, I just mentioned a little bit, they wanted to work in the language that
because we are going to allow up to 36 units, we wanted to allow that in stages. "So if someone came
forward with a plan, we would say yes tentatively we approve the plan but final approval will come
in stages of 12 units. They could put that into place, construct that and then come back for their
subsequent phases. We could decide whether or not to approve those subsequent phases. But it's
one way for us to tell if somebody is going to finish the project, do it like they are supposed to
instead of them doing a little bit and handing it over to someone else and they come in and do
something that we didn't want.
Allen: We need to put some language in there to stop them from going any further.
Cobb: Yes, the language ...one thing we wanted to do is we have these ideas but we don't have the
firm language yet because that is going to take quite a bit of time and we didn't want to invest that
time until we knew that the Board of Supervisors is on board with us for these ideas. That's why we
are here tonight. If you agree, and want us to move forward then we will invest that time and move
the ordinance and flush out this language. Right now this is just ideas. So another idea is that when
we talk about location, the distance from the highway, those setbacks, buffer requirements, road
requirements, the amount of open space and the orientation of the homes. Those again would be
things that we would say this is what the county is looking for and this is the ideal situation but
when you bring in plans we will look at those and discuss it based on the location. Does your plan
fit the location? Does your plan with the number of trailers, does it make sense to have this type of
road or it's location. Maybe it's already got natural buffer so we are not going to require you to do
an evergreen buffer. That sort of thing. We wanted to put language in the ordinance that says this
is what the county prefers. This is what we are looking for, however, it is negotiable I guess you
could say depending upon when we look at it and make a determination.
Chambers: So what you are saying now is that we would have control over it, you know what you
are proposing.
Cobb: Yes, that's what we are hoping for is that when someone comes in and say they are going to
have this many homes in this location, we can say no. That many homes in that location is not
appropriate and they can decrease the number of homes or we can say that you are planning on
doing this many homes but you don't have adequate roads in there. You don't have adequate buffer
for the neighborhood. We can use those things to turn them down or use those things to make
them change their plan and put something else into place.
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Staton: Another question I have is well and septic, individual, if we are going with this density it is
required by the Virginia Department of Health that you put in a drain field, that you have 100%
above the drain field reserved for future necessity. l don't see how you can get all that in this.
Chambers: One well can handle three trailers.
Staton: It says individual here, Joe. Well and septic, non specified in the old part and proposed as
Carter: For that part we would go by what the Health Department says it can handle.
Staton: If these are all rental properties, that's fine. You have a common owner. He can provide
common facilities. But if these were sold, or I move my trailer in there, and pay rent on the lot and
suddenly I don't have well and septic. Do you see where I'm going? 1don't know if we have enough
space here for that.
Cobb: One thing to consider is that there is open space in the park as well. So you've got the lot
size requirements but there is also requirement for open space. That open space can be used for
septic systems and that sort of thing.
Staton: On this end, there are 18 houses down here and 18 houses down here, this guy up here, his
septic system goes bad, the only place you can put his septic system is down here?
Chambers: What if he runs a water line or sewer line?
Staton: Because if he's on town water and sewer...
Chambers: What if somebody bought that lot up next to the high school or on 20? They have
water and sewer there. They could put a few trailers there.
Staton: That's right but that's only a few places we have water and sewer. It's a different ball game
when they have public utilities.
Bickford: That's the situation that we have, the county has limited resources of water and sewer.
So we were trying to come up with some alternatives to allow affordable housing in the county but
to get it intentionally away from water and sewer because we are so limited. That's why we want to
use less density and larger lot sizes trying to say if you are going to do a development, a mobile
home park is not a good use of the facility. That's the intent behind what we are trying to do. But
you are right, the language is hard to come up with to try to make it achievable, somewhere else in
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the county but you don't have water and sewer available so you've got to come up with something
else. We tried this on paper, but it can be adjusted accordingly to whatever you think.
Cobb: The lh acre is increasing it from the 1A acre and then if they cluster the homes, they can go
back to the lA.
Bowe: You are talking about the% acre clusters, and you do the maximum that would be 36
houses on 9 acres which would leave 18 acres of common area, well you can distribute the 18 acres
and have an even larger buffer around the perimeter. Those areas could be used for emergency
Smith: An emergency access.
Talbert: I want to know has anybody approached yall about putting a trailer park in.
Bowe: Yes.
Talbert: Ok. So therefore, it's an investment That's what they want. So we've got to come up with
something for that man who wants to come in here and put in 36 trailers and charge $500 a month
rent and he's going to pay $300-400 tax on it and he's going to get rich. But the point is if it's not on
sewer, we ought not allow it to come here to begin with.
Snoddy: When he brings that trailer, he's going to bring a lot more with it that's going to cost the
Talbert: That's right That's my whole point right there. It's going to be an expense to the county
but if you have water and sewer, the county would be benefiting from the water and the sewage by
the person who owns the trailer park Of course, he's going to pass it on to the renters like they do
Bickford: If that's your decision that you don't want to allow them but where there is water and
sewer, than that resolves it
Allen: You don't have but so many locations that you have water and sewer.
Bowe: That brings it back to the major highways which we were trying to keep them off of.
Allen: That puts them back in the area where they will be seen a lot easier.
Bowe: Personally, I think you have to attack this thing through the developer. First thing is to
require state roads.
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Snoddy: I think they are hurting the county more than doing any good. Between here and home I
can go by 25 lots that nobody would want to but a $200,000 house on. There's a trailer here, a
doublewide yonder.
Talbert: That's why I say the developer. Because half of them don't -care less what they do to the
county. I'm not trying to take from a family that needs to put a trailer to start on or whatever,
because I started on 36 x 46 about 70' long.
Staton: Mine was 10 x SO.
Talbert: What I'm talking about is the developer says I'm going to put these young people in a
trailer and charge them about $600 a month because that's probably the minimum, ain't it?
Bickford: I don't know.
Talbert: I'm just saying...I'm not ... Mr. Chairman is right It's going to hurt the county.
Snoddy: Go down 622. There's one here, one there. There's a hundred acres ofland. Who's going
to want to put a home there?
Chambers: On Rt. 655, the guy has to turn them sideways to get them in there.
Staton: Yeah, between Glenmore and Grey's store. They had to do that because the lots weren't
wide enough.
Chambers: 1h acre lot.
Bowe: That's another thing, why is it a lh acre for a trailer park and it takes two acres for a
$500,000 house. That don't make any sense.
Snoddy: Who's going to clean up all these trailers?
Smith: Hold on one second. Let me tell you what it takes to clean up a trailer. Amanda's going to
help me. First off, if you buy a piece of property that has a trailer on it, you have to get rid of it
before you can build your house. You can't burn it. Ok You have to take it apart piece by piece. The
insulation can go to our recycling center. The aluminum can go to our sales. But, you have to take it
all the way apart and remove every piece but you have to get a $25 demolition permit before you
can do that So you are talking about tearing down some trailers, I'm not looking forward to it but
I'm looking forward to buying the land.
Snoddy: That's what I'm talking about.
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Smith: I grew up across from County View which had 350 trailers and Bounty View which had 450
trailers. It took ten school buses every morning to pi<:k up the elementary and ten school buses to
pick up the high school kids. We had no place to play ball. There were no open spaces. Right now
it's an empty lot waiting for a mall to move in. .But I've been anti-trailer my whole life. It's a great
place to start but you have to get rid of it when you built your house.
Staton: Fluvanna County, you could put a trailer on your lot but you had five years to commence to
Bowe: You still have to allow for the young people to have a place.
Smith: But does that mean you have to have a trailer park?
Bowe: They don't have a place to work that's going to pay them a decent living in this county, so
you've got to supply a place for them to live.
Talbert; But you can come there a build a 12 or 14' let's say by SO' stick built and it's not
considered a trailer and it's a whole lot safer and you can do it for just as cheap as you can pay that
person $30,000 for a trailer.
Carter: They can't get the loans.
Bowe: You've got to buy the land too.
Staton: Most singlewides run around $60-80,000.
Chambers: They end up financing around $100,000.
Smith: That's what Mrs. Carter said, they can't get a loan.
Bowe: Plus they have to buy the land.
Chambers: You talking about 5 years, they haven't paid anything but interest in 5 years. I don't
want to see us take away from the young people. They need to survive. I don't have a problem
telling the sub dividers but say you want to put up a trailer on a lot, it shouldn't be a problem. But I
say the sub dividers or developers; we should put all the restrictions that we can put on them. They
are making a profit. I'm not talking about 36 trailers; I'm talking about 1 or 2.
Staton: We have another problem too with individual trailers. I can show you one that's been
sitting there for ten years, got a temporary occupancy permit to be underpinned in 30 days and it's
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May 20,2013
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never been underpinned. Right up the road from it the front of it is underpinned but the rest of it is
not We can't follow up on what we've got now.
Talbert: Let-me ask a question to the Board and also the Planning Commission. Do we as
governing bodies have the responsibility to protect the people who have $250-300,000 homes from
someone putting a $100 trailer park across the road? I'm using that as an example. He's probably
got more than that in it That's the awfullest looking things I've ever seen. It's sad. And also Mrs.
Amos's house. Probably worth $250,000. That's $500,000 worth of property. Do we have the
responsibility to protect them too?
Chambers: Don't we have the responsibility to protect the poor man too?
Talbert: Yeah, but this poor man putting it on their themselves is different than someone putting it
on there and charging somebody $500 a month rent.
Chambers: Here's a man that's got a $400,000 house and a 180 ofland and this poor fella can't buy
but 2 acres of land and a $5,000 home, you shouldn't penalize them. That's all this man could afford.
Talbert: But you don't understand what I'm saying, Joe. This man is doing it for an investment.
Chambers: That's what I'm saying Bill. I think it should be differ~nt...
Talbert: From an investor and an individual. I agree with you.
Chambers: Aint that what I said.
Allen: In this case it's a rich man dealing with a place to make money.
Talbert: Let me tell you something, I've sat on this Planning Commission when Zoning came up
and I'm the only one that voted against it. I said you've got to be equal to everybody meaning the
rich man as well as the poor man but we are not doing it. You've got the man over here that's living
on low income and Mr. Amos's widow is living on a low income and paying taxes and you are going
to let somebody come in there and ruin the value of that property. I don't think it's right. There's
got to be an answer somewhere but I don't know where it's at. I don't have it. I've been sitting on
this Board for over 20 years, they've been working on this since I've been here.
Chambers: There might be some unsightly trailers in the county but there is some good looking
trailers too. I can take you down 676 and they've got it underpinned, decks on them and
Talbert: You are talking about a $100,000 trailer.
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Work Session
May 20,2013
Page 117
Chambers: No, I'm talking less than that. It's the way they've got them fixed up. The man coming
in here putting in a bunch of trailers and moving on, that's the one we need to target.
Allen: How are we going to target him when he's got 20 acres over here and 20 acres over there
and he's putting them all over the place?
Chambers: When they come in, she will decide then is this the best thing to do. Either reject it or
approve it. But what I'm hearing is if Mrs. Cobb thinks it's going to be unsightly, they will reject it
That's a good thing to do. I thought you said they can come put in 12 and then come back with
another plan for 12 more. That's when we can look at it real hard. That's good. I agree with that.
Allen: But I think what they are saying here is one person with property all over the place and
throwing up anything they want.
Cobb: I hear two separate things. One of those is the mobile home park ordinance and mobile
home parks where someone takes a piece of land and puts several mobile homes or rents lots and
someone brings mobile homes in. Or the other problem that I'm hearing is that people who just
have a piece of land and put a mobile home or two mobile homes on that property which wouldn't
be considered a part of a mobile home park ordinance and we couldn't enforce through this mobile
home park ordinance. That would be something we would have to work on separately. Maybe
through the Zoning ordinance or building code or building ordinance.
Chambers: As long as it's for the poor man and I still say the developer, that's the one we need to
put the stronger teeth in the ordinance for.
Cobb: Ok So what I'm hearing tonight, I'll sort of sum it up and you can tell me ifl'm in the right
direction or not You want us to work on the mobile home park ordinance but to consider along
with the things that we have here, to change maybe the roads to VDOT standard road and then to
incorporate the things that will make them come back to us before they can do a huge mobile home
park and have things in there that will allow us to look at the area and the number of homes they
are trying to put in.
Talbert: We are trying not to have a situation just like me and my wife's home. I have an acre and
.5 and behind me is 5 acres owned by Morgan Dunnavant. If he wants to put five trailers in there,
he can do it There is nothing the Planning Commission or the Board of Supervisors can do about it
I'd just have to take my home down brick by brick and move it up to the 25-30 acres I've got. It's as
simple as that I couldn't buy land anywhere else and I had to build there because of Daddy and
Mama to take care of them. But I'm not worried about me. The point of it is, if you are going to
come up there and put up a pile it up with trailers so he can make a fortune, that's a totally different
thing. Get the people that's doing it as a business. Protect the one's that is doing it for a home that
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Work Session
May 20,2013
Page 118
needs it. That's the thing right there. The heck with the man trying to make a dollar off of
Chambers: I've got no problem with that
Allen: The problem is the one's that don't have much money and try to do it themselves will be the
ones with less than three mobile homes on the property.
Smith: One second, while we've got the Board here, if we go with a VDOT road, is it going to be a
VDOT road that will be gifted or will it remain a VDOT road?
Staton: It will be turned over to VDOT before you proceed. I don't care if it's a subdivision or a
mobile home park or a public complex. It has to be approved by VDOT and accepted then you
proceed with your build out
Talbert: I would definitely check with the health department about the wells and septics with this
Bowe: They have to accept it I think.
Carter: If you remember years back when we had 1 acre lots, there were septic issues and that's
why we went to 2 acres to give them some space in case they had trouble.
Staton: The last two septic systems I put in I had to require a reserve a 100% replacement. One of
them I did my grandson's by easement because it came off of him on to me. My son's was on his
land but I had to have that 100%. One of the problems that you run into is people find two acres.
This is a lovely place; I want to put my house on this knoll. They go ahead and buy the land and
stake out where they want their house to be and Virginia Department of Health comes by and says
no, you can't put your house right there, that's where the drain field goes. So they have to put their
house down the hill of in the creek or wherever and pump back to it
Chambers: How many houses have you ever seen in Buckingham that's built in a creek?
Staton: Put stilts on it, Joe.
Talbert: I wish I had the answer but I tell you one thing, do whatever you can for that person that's
doing a development, make it as hard as you can so he has no desire to come to Buckingham
County. That's my only point
Chambers: You can ride through the county and you are talking about doublewide trailer, there
are some pretty doublewides that look better than any stick built.
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Board of Supervisors/Planning Commission
Work Session
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Talbert: Doublewides are considered real estate the same as stick built homes. When you get
these $10 trailers like the ones up there on 640 and I'm not talking about whose district it's in but
there is nothing this county or Mrs. Cobb can do to stop them.
Snoddy: Where are these people coming from?
Chambers: A lot are coming from Fluvanna.
Talbert: A lot of them are coming from your district and I think the world and all of him and why
he's doing it I don't know. I hate it. Monroe's district. Calvin up there. That's who put them up
Snoddy: I don't know about that part
Talbert: He's a good man. A good business man. But I would have thought he had more respect
for Mrs. Amos there than to do that. But he's in to make money. That's what he's in business for.
He's got probably 50 to 75 rental properties. He's a good man. I think the world and all of him. I
still say we should have had something to prevent that but we don't. I don't want to see it happen
to somebody else. How are you going to get him to put a road and all in there when he's got 1000'
of road frontage there?
Bickford: The ordinance can't stop what he did. He went around the county ordinances to get
there. The only way you are going to require to do any better is to require that if a trailer is put on a
piece of property it to be a certain level of quality. Or you can say that that if your property is
contiguous, whether you own 5 together, ifit's contiguous you can put one trailer on it unless it's a
family subdivision.
Talbert: He's not going to put a $50,000 doublewide on there.
Bickford: I know that. What I'm saying is if we had something like that where the quality of it is
standard, he couldn't put those junky things out there. Or you can say only allow one trailer on a
property unless it's a family subdivision.
Snoddy: He got those trailers for $2500. I guarantee you.
Bickford: That's the only way to stop what he did. He researched it.
Bowe: If you are going to road strip, require to have recorded a list of restrictions agreed to by the
Planning Commission.
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Work Session
May 20,2013
Page 120
Bickford: There's several things you can do.
Talbert: We need to do what we need to do because I don't want to see it happen to anybody else.
Bickford: That's just three things that we've talked about It's things you can do. That the only way
you are going to stop it is to restrict them.
So you've got an idea of what we need to do?
Cobb: Yeah, I think what I've heard is that we need to flush out that other language and we need to
look at roads but is everything else ok?
Allen: What about density? That three per acre.
Chambers: Three units per subdivision.
Allen: Yeah, but it says three units per acre.
Cobb: Three units per 2 lA acres.
Bickford: Look at increase the lot for well and septic. You can have an acre lot and still not have a
perk site on it.
Supervisor Chambers moved, Sugervisor Talbert seconded and was unanimouslv carried bv
the Board to adjourn.
There being no further business to discuss, Chairman Snoddy declared the meeting adjourned.
Rebecca S. Cobb
Zoning Administrator
Buckingham County
Board of Supervisors/Planning Commission
Work Session
May20, 2013
John E. Bickford
Page 121
Buckingham County
Planning Commission
Regular Meeting
May28, 2013
At a work session of the Buckingham County Planning Commission held on Tuesday, May 28, 2013
at 7:00 P.M. in the Peter Francisco Meeting Room, located within the Buckingham County
Administration Complex, the following members were present: Alice T. Gormus, Vice-Chair; Royce
Charlton, Ill; Patrick Bowe; James D. Crews, Sr.; Sammy Smith; Chet Maxey; and Danny R Allen,
Board of Supervisors Representative. Also present were Rebecca S. Cobb, Zoning Administrator,
and E.M. Wright Jr., County Attorney. Chairman John E. Bickford was absent
Re: Call to Order, Invocation, and Pledge of Allegiance
Vice-Chair Gormus called the meeting to order and Commissioner Crews gave the invocation.
Commissioner Bowe led the Pledge of Allegiance and it was said by all who were in attendance.
Re: Quorum Present
Vice-Chair Gormus certified there was a quorum-seven of eight members were present. The
meeting could continue.
Re: Adoption of Agenda & Minutes
Gormus: That brings us to the adoption of the agenda, and just a quick announcement We're
having technical difficulties with our machine, and so we're going to do a manual vote, and if you
will, just wait for that to be recorded. And there's no change to our agenda, so we'll move along to
approval of minutes. We have April 22nd regular meeting minutes.
Commissioner Smith moved to alWroye tbe minutes forApril22. 2013 as presented.
Cobb: We do need to first adopt the agenda.
Gormus: Okay.
Supervisor Allen moved. Commissioner Smith seconded and it was unanimously carried by tbe
Commission to approve the agenda as presented.
Gormus: We'll move to approval of minutes for the April 22nd regular meeting.
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Planning Commission
Regular Meeting
May 28,2013
Page 122
Commissioner Smith moved, Commissioner Bowe seconded and it was carried bv the
Commission to ap]Jrove the minutes forApril22, 2013 as presented. Commissioner Crews
abstained because he was not present at the April meeting.
Re: Public Comment
Gonnus: Public comment, you're invited to the mic to speak on any matter in the County, except
anything that would be coming up for public hearing. You have three minutes if you're
representing yourself and five minutes if you're representing a group. Anyone wish to speak?
Okay, we have two moving. State your name for the record, please.
Charles Smith: I'm Charles Smith, I'm an adjacent landowner for the cell tower permit...
Cobb: That'll be later, sir.
C. Smith: Oh, that's later?
Cobb: Yes.
Gormus: Yes. We will take your copies and then we will call you back up. Alright? We'll put you
on hold for a minute.
C. Smith: I'll be here.
Gonnus: Okay.
Stephen Gallagher: Thank you. I'm Stephen Gallagher with National Communication Towers from
Richmond, Virginia. What I wanted to ask you about was the tower site referred to as Toga, where
we had previously requested a deferral on that tower site. We've had further developments with
the wireless carrier on that tower site, and all things are looking quite positive and moving towards
approval of that tower site, so we would like to formally request that that tower site be put back on
the next upcoming agenda for discussion and for referral to public hearing. Thank you.
Gormus: Okay, thank you.
Commissioner Smith moved to grant Mr. Gallagher's request
Gormus: Do we have to move on that, Ms. Cobb? Or that just automatically goes?
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Planning Commission
Regular Meeting
Page 123
Cobb: No, you would have to vote to set a public hearing, and if you want it would be for the next
month's meeting, our regularly scheduled meeting for June.
Gormus: Okay. Alright Motion made by Commissioner Smith ...
Commissioner Smith moved. Sugeryisor Allen seconded and it was unanimouslv carried by the
Commission to grant Mr. Gallqgher's request to schedule a vublic hearing for lune. for the Toga
cell tower site.
Gormus: Anyone else wish to speak?
Re: Old Business- Public Hearing- NCT- Troublesome Creek- Case 13-SUP218
Gormus: Alright. that brings us to our old business. This is the public hearing on Troublesome
Creek, Ms. Cobb.
Cobb: Yes, this is Case 13-SUP218. Owner is Herbert E. Maxey and Nancy Maxey, the applicant is
National Communication Towers. The property is located at Tax Map Section 123, Parcel3, Lot OC,
containing approximately 28 acres on Troublesome Creek, which is Route 631, in the Maysville
magisterial district. The property is currently zoned agricultural (A-1) and at this time the
applicant is requesting that you propose approval of his Special Use Permit for constructing a 195
foot monopole communications tower. CityScape, our telecommunication consultant, has reviewed
this application and provided you with comments and conditions to consider, as well as, I've
provided additional conditions for you to consider if you decide to approve. Are there any
questions for me at this time?
Smith: None.
Gormus: Okay, now we will open for public comment As stated before, state your name for the
record and you will have three minutes.
C. Smith: I'm Charles Smith. I'm probably the nearest adjacent landowner to the monopole and I
wanted to point out a few things. The proposed 195 foot monopole will be 88 feet from my
property line, 145 feet from my farm road, 148 feet from my power lines, 175 feet from the tree line
at the opposite side of my road. If there were a failure of this pole, it would cut my power, block my
farm road, and keep any first responders % of a mile from my property, from my home. It might be
unlikely, but it's not impossible. We've had storms as severe as, severe enough to exceed the
specifications of the design of the monopole, according to the information Mr. Doss has provided.
Also, that information states that the monopole will, is capable of folding over 155 feet. Even a
monopole that tall, it can still block my farm road, cut my power. The information that I've been
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Planning Commission
Regular Meeting
Page 124
able to review has provided no information on the design of the base plate or on the foundation to
which that base plate would attach, but there have been failur~s in recent history. In 2007, a base
plate failure in the Crawford swim club in California, and in 2005, a base plate failure caused during
hurricane Katrina. So, these aren't impossible events. And as you can see, when trees fall on the
Maxey property, as it appears four of them did during the April 18th storm, they fall in the direction
of my property. The tree line you see in the picture to the right is the property line where the
monopole will be located. According to the survey provided by Mr. Doss, the Maxey property is 450
feet wide at the location where they are proposing to place the monopole. It's also wider at other
locations with the same elevation on that property, so it suggests it's possible to place the monopole
on the Maxey property, in a position where it would still serve its purpose, but wouldn't present a
risk to any other adjacent property owner. I'm requesting that if you approve this Special Use
Permit, that you do so with a condition that the monopole be at least 199 feet away from my farm
road and my property line. That's what I <:arne here to say.
Gormus: Does anybody have any questions for Mr. Smith? Thank you, sir. Anyone else wish to
Gallagher: Again, I'm Stephen Gallagher with National Communication Towers, Richmond,
Virginia. We've got a PowerPoint presentation I will quickly guide you through, and also address
Mr. Smith's comments, which are dually noted.
Gormus: Okay, thank you.
Gallagher: Again, I'm Stephen Gallagher with National Communication Towers. Also present here
this evening are Elliot Harrigan & Al Doss. And hopefully my mouse will work ...
This is for a Special Use Permit to construct a 195 foot monopole tower for wireless
communications. Tax Map 123-3-0C. Quickly about National Towers, we were founded in 1997.
We've constructed 38 operational towers in Virginia, and we average about 3 carriers per tower
location. We think that speaks pretty well to our ability to be able to properly locate a tower where
it's not just in need by a carrier, but by multiple carriers. We have 12 additional towers that have
been permitted and have 19 successfully zoned towers in other counties in the state. We do not
build towers without a signed lease, and our facilities are designed to facilitate the deployment of a
communications network for wireless phone service, public safety systems, and high speed internet
This is gonna be a 19 5 foot monopole tower with a 4 foot lightening rod. As such, it will not require
lighting per the FAA. Again, the location is off of Troublesome Creek Road, approximately 6/lOths
of a mile north of its intersection with Route 60. The tower compound itself will not be visible to
any travel corridors.
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Planning Commission
Regular Meeting
May28, 2013
Page 125
This is a view of a typical monopole tower, and the typical type of equipment shelter you will see
inside of the fenced in compound; The site is setback from Troublesome Creek Road approximately
85 0 feet, and the compound itself which sits at the base of the tower is completely screened from all
the travel corridors. We have our typical 30 foot ingress/egress utility easement, which is a stoned
access road basically. The lease area is 125 feet square, and it's a fenced area of 80 feet by 90 feet
So everything would actually sit within that 80 feet by 90 feet And we estimate that once
construction activities are done that the tower, when and if it's fully collocated on would experience
approximately 8 to 10 light vehicle trips a month.
This is the aerial view and the visibility study of the troublesome creek tower site. It's actually very
well situated for minimal visual impact once the tower will be erected. The first photo is just to
show you right here at the access road what you would see when you basically pull into the site.
Then you've got the second photo south of that location and the third photo just north of that
location, which will be in just a moment This is the first photograph at the access road, so you're
standing to the west of the tower looking back to the east, so you will actually have to look through
the trees to see it at that point You'll see it peak just barely above the trees. This is near 898
Troublesome Creek Road, so you're looking back to the northeast to the tower. You'll be able to just
barely see it peak out above the trees. It was such a small image there that even the enlarged view
of the photo simulation just barely shows it And this is standing from the northwest of the site
looking back to the southeast, from approximately 1635 feet away on Troublesome Creek road.
You'll be able to see it for a short distance there as you travel down the road.
This is a survey of the property. As you can see, this would be the access road coming in here, and
this square denotes the 125 by 125 lease area, and the small triangle in the center is the tower
center point. Currently as it's designed, the tower is engineered using what's called breakpoint
technology and it's specifically engineered so that if it ever were to fail, it fails at a specific point and
collapses within the lot lines of the existing property so that you would not have, in the event of a
failure, the tower falling over onto someone else's property, or blocking their ingress/egress into
their property. We've tried to always think ahead on those sort of situations and to see if we've
needed to implement that technology and incur that extra expense for a factor of safety, which we
have done at this site.
As you can see, Verizon has already approved this site. We're showing their location within the
compound. They'll be in that sort of front right-hand corner as you approach the compound. This is
just to show you, this was their original letter of intent. The lease is currently being redlined and
reviewed, and it's out for signature on their end to finalize, so that they can move forward with
their activities if and when we receive approval on this tower site.
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Planning Commission
Regular Meeting
May 28,2013
Page 126
This is just showing you the search ring map that was also submitted to CityScape, the County's
wireless consultant who has actually approved this tower, or recommended this tower site for
approval, after his review of all the documentation.
This is the RF Propagation study map. The Troublesome Creek site is right here in the center of this
image. It's kind of hard to read because it's on such a large scale, but this is with the tower site
turned off and you can see that there's quite an area here in the center of this map where there's
very poor coverage and signal strength. And this is a map, and these are generally somewhat
conservative views of what the coverage may be expected to be once that tower site is built and
once those antennas are powered on. So you can see that it does a really good job of filling in that
gap there, in this general area that we're standing right now in.
Potential customers for this tower site, all of which have been contacted, are AT&T, Sprint, nTelos,
T-Mobile, Verizon Wireless (which we stated earlier, their lease is actually out for signature),
CVALINK (which is a wireless broadband provider), and US Cellular.
This just is a slide, just to give you a general idea of what upload and download speeds you might
expect depending on a couple different factors-you know, the distance and that sort of thing you
are from a tower once those antennas are up, if you get a high-speed broadband card to plug into
your laptop or your home computer.
In summary, the tower will not be lighted. The travel compound isn't visible from any travel
corridors. Obviously, the top section of the tower is from a couple different spots on the road there.
It's positioned to hand off to the Verizon, Alltel, and Clear Signal Towers to the west, and the
Verizon tower to the east. It will provide high-speed internet service to the surrounding
community, which does open up a lot of access to educational opportunities for folks. It has been
reviewed and recommended for approval by CityScape Consultants, and one location on the tower
compound will be available rent-free for Buckingham County.
Also, as we've been successfully siting towers in the County, just to give you all sort of our progress
report on our tower sites to date, as far at the Curdsville tower site is going, we've received RF
approval on that and we're moving towards the leasing phase of that site. And we're projecting that
if all goes as planned, that Verizon Wireless will be installing somewhere in the neighborhood of the
first quarter of 2014. Rosney Creek, that monopole there just over the county line, they're nearly
complete with their AT&T equipment installed. You'll be seeing that up on the tower very shortly,
and hopefully powered up not too far behind that. Rosney Creek is also in review by Verizon
Wireless, and we're hoping that those will turn out to be positive developments and possibly get
you a second wireless provider on that tower site. Gold Hill, that site is under construction
currently. We have RF approval by Verizon and we're projecting installation of their equipment by
first quarter 2014. Troublesome Creek, the one we're speaking of here tonight, we already have RF
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Planning Commission
Regular Meeting
Page 127
approval on that, we're finalizing a lease, and we're projecting installation by the second quarter of
2 014 on that tower. And Shepherds is another tower that we built in the County, and AT& T
installed on that site back in 2010. So, we just wanted to give you guys kind of a quick snapshot of
how things are progressing with the towers we've been involved in to date. If there's any further
questions or discussion, I'd be happy to help answer your questions.
Smith: Madam Chairman, I have two questions.
Gormus: Okay.
Smith: Is this the same breakoff percentage we've been using for the past year and a half?
Gallagher: Umm, the breakpoint technology?
Smith: Mm-hmm.
Gallagher: They vary by site and by height condition. They can be engineered in a variety of
Smith: What is the breakoff gonna be on this one?
Gallagher: This one is, I don't know the exact elevation, but it's designed to breakoff and fall within
the property, the landowner's property, so they will not go over the property line.
Smith: And I have one more question.
Gallagher: Sure.
Smith: Did Mr. Charles P. Smith, Jr. get an option on this tower site? Was he offered ...?
Gallagher: I'm not aware of that information. I'm not sure if, AI, if you have any information
regarding that?
AI Doss: Good evening. My name is AI Doss. Mr. Smith, I have not had any conversations with
Charles Smith, other that at the balloon flight he stopped by. And we traded a couple of emails, but
as far as optioning his property or any conversation with him in regards to that, that has never
taken place by National Communication Towers. Now I don't know if a carrier or some other
company may have discussed this ...
Smith: Just a question of curiosity.
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Regular Meeting
May28, 2013
Page 128
Doss: Yes. Thankyou.
Smith: Thank you.
Gormus: Alright, any other Commissioners? Okay, I think Mr. Smith wants to ask something else.
C. Smith: Well, when I read the Planning Committee packet and the information from Sabre
Industries, they seem to be very specific on how effective their breakpoint technology was, and
really in my opinion, painted themselves a very narrow window where they guarantee the results.
That's my feeling.
Gallagher: Well, the company that designs is our tower engineer, each one of those towers is
designed specifically with a weak point so to speak in it, so that if it were to fail, it's engineered and
designed to fail at that point, so that it will collapse within a certain radius of the tower center
point. And that can be designed in quite a few different places within the tower, depending on what
sort of constraints you've got. I guess one good example would be, and I don't know exactly what
the technologies are there, but you see quite a few towers that are situated right along highways
and those sort of things, so you know the engineering that goes into those to endure failure and
what not, it's not new technology, of course it's certainly being developed and what not, but it's
something that's been in practice for a while now.
C. Smith: The construction of the foundation.
Gallagher: The foundation? The foundation of that tower is designed, it's a large mat foundation.
It'll, between the foundation and the pier that supports the monopole tower, will consist of
approximately 70 cubic yards of concrete and 10 tons of steel. And then, that's down several feet in
the ground and then it's got a backfill that's placed over top of it, that's actually engineered so that
the weight of the backfill is a known entity on top of the foundation. That's all part of the
engineering package.
Gormus: Alright. Does anyone else have any questions or concerns? Ms. Cobb?
Cobb: I do have, once he is done, I do have another public comment to read into the minutes.
Gormus: Oh, okay. Alright. Does that satisfy your question, Mr. Smith?
C. Smith: It answers my question, yes. I still have my request to you all.
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Gormus: Okay. My question to you sir, is is it feasible to move ... What's he talking about-40 feet,
50 feet-to get away from him, so that he feels safe?
Gallagher: Umm, we'd have to take a look at all the logistics involved in that, because there's
already been of course documentation submitted to federal agencies and all those sort of things, to
be able to get to this point now. We might be able to offer going back and looking at the breakpoint,
where that's engineered in the tower, to try to you know help with the situation if that'll make you
feel safer? I'm sure Al's got some comments.
Doss: If I may interject.
Gormus: Go for it
Doss: Certainly that's a decision that Mr. Maxey would have to involve with, but the towers don't
fall as a tree would. It's a monopole tower and it's designed to fail,.and what it does it just folds
over on itself and stands there like a snag on a tree would. And in the event that it does break loose,
then it's designed to fall at the base of the tower, within the lot line. And unfortunately I don't have
that tower design with me so I don't know the exact footage, but it is designed to collapse within the
lot line.
Gormus: Right.
Doss: And we can design it actually, to collapse within our lease area. We can design it to collapse
within our lease area.
Gormus: To me, that would be a better good neighbor policy. Or if you have a photo of a collapsed
one that you could send Mr. Smith so that you know, he feels safe about this. Because we don't
want anybody not ...
Doss: The County's consultant CityScape, you know, they have reviewed it and obviously they're
okay with the fall zone of the tower.
Smith: That's why I asked earlier if it was the same breakoff we'd been using.
Doss: Yeah, I mean it's by the standards that CityScape requires. Yes.
Gormus: Well, Mr. Doss, we've been dealing with you for a good number of months and years, and
you know, we believe you to be an upstanding man, but Mr. Smith doesn't know us from Adam's
housecat, and so you know, I want him to feel safe. With all this wind damage and all that stuff, it
does project an amount of fear in people.
Buckingham County
Planning Commission
Regular Meeting
May 28,2013
Page 130
Doss: No, I know. Right, and I think Mr. Smith was, when he asked about the foundation, that he
may have been referring to the overturning moment of the foundation itself, but the tower itself is
designed to fail prior to the overturning moment of the foundation. So it will not fall like a tree; it
just folds over on itself and would stand there. .And if it gets to that point, then Mr. Smith won't
have any, before the tower fails, he won't have any power and most likely he won't have a roof on
his house. If it ever got to that point, if a catastrophic event took place.
Cobb: And I would just like to suggest, the Planning Commission can add a condition if you feel
inclined or feel comfortable in doing that, that it does be designed to fall within the 125 foot lease
area, or make sure that it is designed to fall within the property lines of the Maxey property, if you
all wanted to add that condition.
Gormus: Okay.
Smith: Before I make a motion, I'd like to hear the other letter read.
Gormus: Okay, that's coming up right now.
Cobb: I did receive a letter today, and it reads as follows:
My name is Kathy Harwood. I have been to Buckingham my whole life, and have been a resident of
Buckingham in the same home in the Buckingham Court House area for the last 22 plus years.
The reason for writing to you is to humbly and earnestly ask you to not put up the proposed tower.
I am on disability for more than one health condition. As a byproduct of my health conditions, I
have severe multiple chemical sensitivities (which is why I cannot be present with you). As another
byproduct of my health conditions, I also have sensitivities to electromagnetic radiation as well.
This is only the second time I have spoken up since I have lived in Buckingham. The first time was
soon after I moved here, concerning the high voltage power lines-for the same reason I am writing
to you now. At home, we do not have a computer, a TV, a microwave, a dishwasher, a cell phone,
etc. I use an EMF meter in our home to choose the best spots in our house to be- sadly they are
getting fewer because of the number of overhead lines in front of our home that have increased,
while I have been here. The number of cell towers, and the close proximity of multiple cell towers
near our home have sadly also increased. Both of these, have added to my physical suffering.
By road, we will be a little over 1 mile from this proposed tower. As "the crow flies"-it will be less
than that. We also have one other property in this county. Sadly, the same proposed tower will also
Buckingham County
Planning Commission
Regular Meeting
Page 131
affect that property as well. That property has been in our family for 6 generations, and we
sincerely-desire to live there-when the Lord makes th~ way.
The same waythat a person with asthma knows they have been exposed to tobacco smoke, or a
person who is not supposed to have seafood or peanuts or dairy products gets exposed without
meaning to and then suffers for it, the same is true for me when I am exposed to the radiation from
the cell towers. There is a very marked difference in my health in very specific ways. The
upgrading of existing towers to 4G has also sadly made a difference in my health as well.
We learned in April from a friend, about a website: www.antennasearch.com. They looked up the
two addresses of our properties on the computer for us, and found the following results: Our home
here in the Courthouse area already has 6 towers and 8 antenna in a 4 mile radius. Our other
property already has 4 towers and 4 antenna in a 4 mile radius.
Because I firsthand know that the towers do have effects, I ask you please, for the sake of all our
citizens in our county to be exceedingly cautious about any tower. And to be especially cautious
-about not putting multiple towers so close together. Every tower I see, I see the faces in my mind of
the people who are living under them, or in range of that tower-and my heart just sinks.
I do not mind being "the canary in the mine shaft"-being the ones that show the affects first before
others do. But it is getting increasingly difficult to find a place in Buckingham that is not in range of
our cell towers or a neighboring counties cell towers or antenna. And we have searched earnestly
and diligently. In fact, I have yet to find one ...
We love Buckingham, and we sincerely want to stay. Please do not add another cell tower on our
properties. Thank you for your time and consideration. Sincerely, Kathy Fitzgerald Harwood.
Gormus: I feel like I need to ask for a comment.
Bowe: Doesn't that fall under one of the regulations that we were told, that that just doesn't cut it?
Cobb: Yes, there are regulations that say that the towers are not hazardous to health.
Bowe: And we cannot vote against them for that reason?
Cobb: That is.correct
Bowe: Okay.
Buckingham County
Planning Commission
Regular Meeting
May 28,2013
Page 132
Doss: I'd like to make one comment. It certainly is unfortunate that this lady has this condition.
My heart goes out for her, then~·s no question about that. But, she also lives in an electromagnetic
field. We are in an electromagnetic field in this building, because of all the wiring and the electrical
uses. So I don't know that, you know, it seems to me that it's a very rare condition that she has and
it's very unfortunate, but I don't think that she could possibly move anywhere and not be exposed
to electromagnetic fields.
Gormus: Any of the Commissioners have any questions or concerns? Comments?
Crews: I feel like with all of the engineering that's put into these towers that they are safe. If they
were not safe, a lot of us would have been dead a long time ago. So, I know that we can't please
every individual for their particular wants, or health conditions, or whatever, but I really can't see
that it's gonna affect this lady's healthy any-from my standpoint. And I'd like to make a motion
that we send this onto the Board of Supervisors with all of the attached regulations that we had
Commissioner Crews moved. Commissioner Bowe seconded to move Case 13-SUP218 along to
the Board o(Supervisors.
Gormus: Okay, we have a motion my Commissioner Crews and a second by Commissioner Bowe.
All those in favor ...
Smith: Whoa, hold on a second.
Gonnus: Oh, discussion.
Smith: Time for discussion?
Cobb: Yeah, discussion.
Smith: Now the discussion, my question is, with the breakoff to fall inside the lease area, correct?
Bowe: Right.
Smith: I'm clear.
Allen: And with a recommendations, no doubt, the other four?
Smith: Yes.
Buckingham County
Planning Commission
Regular Meeting
May28, 2013
Page 133
Allen: That CityScape recommended. So it would be ... twelve?
Cobb: Twelve have been provided to you, and then if you're adding the other one about the
breakpoint technology, that would be a total of thirteen conditions.
Gormus: Any other further discussion? Are we ready to vote?
Smith: Yes ma'am.
Commissioner Crews moyed. Commissioner Bowe seconded and it was unanimously carried by
the Commission to move Case 13-SUPZlB along to the Board ofSupervisors with the twelve
conditions and additional condition to specify that breakpoint technolQJJY will ensure that
upon failure the tower would fall within the lease area. and with a recommendation of
Re: Reports/Correspondence
Gormus: That moves us along to building permits, Ms. Cobb.
Cobb: Yes, there were 25 building permits for the month of April, totaling $4,412.19. And you'll
see again that I broke those out for you, and there was a total of 7 new dwelling permits. So, with
springtime, weather breaking, we are seeing more permits come in, more dwelling permits come
in-which is a good thing.
I'll also go to item B, Zoning Administrator's report I'll just give you an update for those of you who
did not attend last week at the joint meeting with the Board of Supervisors. We did go over the
information about the Mobile Home Park Ordinance, and the Board members that were there stated
that we seem to have a good start. They did want to see that the road standards be upgraded. I
think we had like County standard roads, and they wanted that upgraded to State standard roads,
so that was the major comment. And so, we will start on our subcommittee meetings-which is
myself, Johnny Bickford, and Sammy Smith-and kind of fine-tuning and kind of actually working
on the language, and then bringing that back to you all for review at each of our work sessions. So
that's my update about that, and that concludes my information for tonight.
Gormus: Okay. Any of the Commissioners have any questions for Ms. Cobb on either one of these
reports that she's given us?
Re: Commission Matters/Concerns
Allen: On the seminary, is the whole thing gonna be tax-exempt for them?
Buckingham County
Planning Commission
Regular Meeting
May28, 2013
Page 134
Cobb: No. The seminary project, part of the conditions, well there's several things ... Part of the
conditions in the Special Use Permit says that they are restricted to a certain amount of acreage for
their recreational areas, and also for the seminary itself. Their acreage was restricted. So, they had
hundreds of acres and we restricted them to basically, I think it was 50 or 60 acres. But and with
that said, even on that acreage, it will be treated just like any <:burch or anything like that that we
have here. So typically, the church, the main church is exempt but fellowship hall, when they come
get those permits they have to pay for that and they, the only other thing that they are exempt from
is a parsonage or a parish house, typically with a church is exempt So the same thing will apply
with the seminary. It'll be main worship area and then a parish house will be exempt from taxesall of the other things will be taxed.
Smith: And the ag will be treated just as our ag?
Cobb: Yes.
Smith: Cool.
Maxey: So if they build a building behind the church that they meet in, that's not exempt?
Cobb: Correct
Maxey: We just tax it on square footage?
Cobb: To my knowledge. Again, you probably need to speak directly to the Commissioner of
Revenue because they're in charge of that, but as far as I understand, yes.
Maxey: And that's one house per church?
Cobb: Yes.
Gormus: Any other comments or questions?
Re: Adjournment
Bowe: Motion to adjourn.
Commissioner Bowe moved. Commissioner Smith seconded and it was unanimouslv carried by
the Commission to adjourn the May 28. 2013 Planning Commission regular meeting.
Buckingham County
Planning Commission
Regular Meeting
May28, 2013
Page 135
Rebecca S. Cobb
Zoning Administrator
Buckingham County
Planning Commission
Regular Meeting
May28, 2013
John E. Bickford
Page 136
Buckingham County Planning Commission
June 24, 2013
Administration Building
Introduction of Case 13-SUP219
OWNER: Roy H Bailey, ll P.O. Box 258 Buckingham, VA 23921
APPLICANT: National Communication Towers, LLC 5413 Patterson Avenue, Suite
101 Richmond, VA 23226
Contact: Al Doss
PROPERTY INFORMATION- Tax Map Section 158, Lot 13 containing
approximately 189 acres, on Toga Rd. (Rt.746), in the Francisco Magisterial District.
ZONING DISTRICT -Agricultural District (A-1)
REQUEST - Special Use Permit- Mr. Doss is asking the Planning Commission to
recommend approval of his request for a Special Use Permit for the purpose of
constructing a 195 monopole communications tower.
BACKGROUND/ZONING INFORMATION: This case was put on hold by the
applicant until they could supply documentation that they had a viable tenant ready to
collocate on the tower. Last month the applicant stated they would have that information
for this request and wished to continue. I have not received any confirmation of
collocations and therefore will recommend denial. CityScape has reviewed the
application and also recommends denial.
What are the wishes of the Planning Commission?
CASE NUMBER: - - -- - - (Case Number Assigned by Zoning Administrator)
1~95' Monopole Tower plus a 4' lightning rod and support facility
Spec1al Use Permit Request:.
Purpose of Special Use Permit:
To provide wireless phone and data services to the Toga Area
1189 84 Acres
Zoning District: ·
Tax Map Section
11 58
Number of Acres:_.___
13255 Toga Road, Dillwyn, VA 23936
Street Address: ·
Directions from the County Administration BuiJding to the Proposed Site: -----------------!West on Rt. 60, left on Rt. 24, go 3 miles, right on Rt 746, right into Toga Trading Co.
·Name 9t Applicant: JNational Communication Towers, LLC
Mailing Address: f5413 Patterson Avenue, Suite 101, Richmond, VA 23226
Daytime Phone: 1804-673-8800 X 303
Email:[email protected]
804 366 11
. =-===65=.
cell Phone: ..=1
Fax: 1804-673-4242
Name of Property Owner: ...~J_R_o.!..y_H_._B_a_i_le..:.y.:..'_11__,___,....-----------------------------Mailing Address: r=-=-=-----=~--=-:-:----:------:--:-:-=-=--:--1
Box 258, Buckingha~! VA 2392'!]
Daytime Phone: j434:..969-4808
Signature of
Cell Phone: ____.:..._______________
YA ~ ~ -----,-----~
Ap~licant: -(j -S'.
ewe:: "j
Please indicate to whom correspondence should be sent:
_Owo~r of Property _Contractor Purchaser I Lessee _Authoriz_
ed Agent _Engineer
Buckingham County Special Use Permit Application
The applicant shall provide a list of all adjoining landowners, including subject property and all property
immediately across the street/road from the subject property. Any body of water does not .constitute a boundary
line for this purpose, therefore a body of water and the property adjoining the subject property but separated by a
body of water is still considered an adjoining landowner. Coynty boundary lines and those adjoining property
owners in the next County are considered adjoining property owners if the land adjoins the subject's property.
Adjoining landowners can be verified through the Buckingham County Clerk of Courts or the Clerk's Office in the
adjoining County; or by personal contact. The list shall include the name, address, town/city, zip code, road route
number, tax map section number, parcel number, lot number, and subdivision. The list shall be typewritten or
printed legibly. Failure to list all adjoining landowners could delay the process.
. !See the attached Adjacent Property Owner's List
1 . Name.~·============================================~------------------
Mailing Address: _______________________~------------------Physical Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tax Map Section: _____ P~rcel: --.....,....- lot: ____ Subdivision: - - - - - - - - - 2.Name: ___________________________________
Mailing Address:--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Physical Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tax Map Section: _____ Parcel: _ _ _ _ Lot: ____ Subdivision: - - - - - - - -- 3.Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Mailing Address:---- - - - . . . , . . . . - - - - - - - - - - - - - - - - - - - - - - - Physical Address: - - - - - . . . . , . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tax Map Section: _ _ _ _ Parcel: _ _ _ _ Lot: ____ Subdivision: - - - - - - - - - 4.Name: ________________________________________ _ _
Mailing Address:---------------------~---------Physical Address: - - - - - - -- - -- - - - - - - -- - - - - -- - ---...:..._...:..._
Tax Map Section: _____ Parcel: _ _ _ _ Lot: ____ Subdivision: - - - - - - - - - -
Buckingham County Special Use Permit Application
6. Name:
Mailing Address:
Physical Address:
Tax Map Section:
7. Name:
Mailing Address:
Physical Address:
Tax Map Section:
Mailing Address:
Physical Address:
Tax Map Section:
9. Name:
Mailing Address:
Physical Address:
Tax Map Section:
10. Name:
Mailing Address:
Physical Address:
Tax Map Section:
11. Name:
Mailing Address:
Physical Address:
Tax Map Section:
Buckingham County Special Use Permit Application
Page 5
5. ~o
f ..
, year--->o:;;J2_o__,J_Z~--....J
<!. $ .
IJ /. 'u.u.;
hereby make oath that
(printed name of owner/conlr~ct purchaser/authorized agent)
the list of adjoining landowners is a true and accurate list as submitted with my
(owner I contract purchaser I authorized agent - ple·ase circle one )
COtfflfv OF
~ tl.~
V~ r~ ~\ ~
Subscribed and sworn to me on the
of the year
:J- G
Notary Public Signature:
~ I s.. r
day of
. My Commission expires on _
· ......:___~..,..._~
_ _____;{b=r<:::l~~~Hl}-----­
Buckingham County Special Use Permit Application
Page 6
On this
J? lk .day of £.£ yCJ, o-.,. ..(
/lJ ft. Jl._,-~~ :J{
,.of the year j Cf /3
(printed name of owner)
her:eby ~ake oath that noember of the Buckingham County Board of Supervisors nor
the Buckingham County Planning Commission has interest in such property either
individually, or by ownership of stock in a corporation owning such land, or by
partnership, or as a holder of ten percent (10%) or more of the outstanding shares of
stock in or as .a director or officer of any corporation owning such land, directly or
indirectly by such members of his/her immediate household, except as follows:
Si~re of fu~e~o be signe~ront of notary public)
!Roy liiiley,ll
Subscribed and sworn to me on this
Buckingham County Special Use Permit Application
day of
v; rJin'ta
_Q, bru a rtl7
Page 7
case Number 1 File Name: jToga Communications Tower
Visual Inspection Findings {describe what is on the property now):
Multiple buildings for Industrial Fabrication and parts storage, outdoor storage yard
See the attached "Grandfathered Document for additional description
County Records Check {describe the history of this property):
Were any historical sites or gravesites fou~ site, or be suspected by a reasonable person to
be on the site?
No -=~X=--If yes, please explain and show on the site plan the location of such and explain any historical
Will this proposal have any impact on the historical site or gravesite? Yes __ No
If yes, please explain any impact:
OwnerI Applicant Signature: -l.....L...J_
' :::-::..::·
Printed Name: ·
d. <:;:~ ~ S5
Buckingham County Special Use Permit Application
Please fill out the following information before presenting to VDOT:
Case Number 1 File Name: ]Toga Communications Tower]
Applicant: jNational Communication Towers, LLC
Location: 13255 Toga Road, Dillwyn, VA 23936, Tax Map 158~13
Proposed use: · ]Telecommunications Facility
For VDOT use only:
A Traffic Impact Analysis is required~ The consultant preparing the study must
meet with the Virginia Department of Transportation to discuss the scope and
requirements ofthe study before t~e study can begin.
___ A Traffic Impact Analysis is not required. The traffic generated by the proposed
zoning change/ development does not exceed normal thresholds.
___ The Traffic Impact Analysis has been waived by the Zoning I Planning
Department for the following reasons:
Does the existing entrance meet VDOT requirements for the proposed use?
If no, please explain.the necessary steps to bring into
compliance with the requirements for the proposed use:
Signature of VDOT Resident Engineer: - - - - - - - - - - - - - - - - - Printed Name: ---~-------------Date:---....,----Buckingham County Special Use Permit Application
Page 9
On this _ _ _ _ day of -----------~ in the year of _ _ ____,
- - - - - - - -- - - - - - -- - - - - - the owner of _ _ _ _ _ _ __
{Tax Map Number)
(printed name of landowner)
Hereby make, constitute, and appoint - - - - -- - - , - - - - -- - - - (printed name)
my true and lawful attorney-in-fact, and in my name, place, and stead give unto him/her
said full power and authority to do and perform all acts and make all representation
necessary, without limitation whatsoever, to make application for said zoning. The
right, powers, and authority of said attorney-in-fact herein granted shall commence and
be in full force and effect on the day
of the month - - - - - - - - in the year of
and shall remain in full force and effect thereafter until .
actual notice by certified mail with return receipt requested is received by the Zoning I
Planning Office of Buckingham County stating that the terms of this power have been
revoked or modified.
Signature of Landowner (to be signed in front of Notary Public):
County of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State of _ _ _ _ _ _ _ __
Subscribed and sworn before me on the _ _ _ _ _ day of - - - - - - - - in the year - - - - - - -· My commission expires - - - - - - - - - Signature of Notary Public: - - - - - - - - - - - - - - - - - - - - - - Stamp:
Buckingham County Special Use Permit Application
Page 10
5413 Patterson Avenue, Suite 101
Richmond, Virginia 23226
Telephone: 804-673-8800
Facsimile: 804-673-4242
February 21, 2013
Ms. Rebecca Cobb
Zoning Administrator/Planner
Buckingham County
13360 W. James Anderson Hwy
P.O. Box 252
Buckingham, VA 23921
Special-Use PermitApplication for a 195' proposed telecommunications tower
3255 Toga Road, Dillwyn, VA 23936
Tax Parcel158-13
Owner: Roy H. Bailey II, Toga Trading Co.
Dear Ms. Cobb:
Please find attached our application and supporting material for a Special Use Permit
for an unmanned wireless telecommunications tower (195' in height) located at 3255
Toga Road, Dillwyn, VA 23936.
Founded in 1997, National Communications Towers, LLC (NCT) is a well-established
tower building company serving the needs of numerous wireless communications
providers and their customers. NCT has constructed over forty (40) towers in eighteen
(18) different Virginia localities over the past fourteen (14) years.
The proposed self-supporting monopole tower will be 195 feet tall and is suitable for a 4'
lightning rod. Since the total height will be less than 200 feet, this tower will not be
lighted. Our analysis shows this height is adequate to hand off to an existing AT&T
Tower 3.5 miles to the northwest located on Rt. 60.1t will also hand off to the Clear
Signal Tower that is zoned and located 3.4 miles to the north northeast on Rt. 60. There
are no existing towers or other tall structures in the vicinity that would be an adequate
substitute for a new tower build. The tower will be designed to be able to support six (6)
carriers with heavy loads. The leased area dimensions will be 125' X 125' and the
fenced compound will be approximately 80' x 90'.
Below is a summary list of some of the supporting documents submitted with this
application as required by the County's Zoning Ordinance.
o Special Use Permit application and related forms from checklist listed on page 1
New WCF Application Checklist
Treasurer's Form showing taxes paid are current
Deed/Plat of Property
Siting Hierarchy Letter and Attached Affidavit
Property Record Card
Letter from Edge Wireless re: NIER exposure and non-interference
Copies of letters sent certified to the other wireless carriers
Letter from F&R re: US Fish & Wildlife review
Search ring and propagation maps
Reduced copy of the survey, landscape plan, & certification letter from Surveyor
Photograph of typical equipment storage building
NCT's summary information sheet
Letter from NCT re: adequate structural design for 6 users
Copy of Site Plan
$41 00 check - Special Use Permit fee
A balloon flight was conducted on Wednesday, September 20, 2013, photo simulations
of the proposed tower will be submitted to the County. Proper notification ofall affected
parties as required by Ordinance was mailed out February 4, 2013. Consent to enter
the property of abutting landowners to take photos of our balloon was requested and a
self-addressed stamped envelope was provided for them to return their signed consent.
The following documents are provided for informational purposes:
o Sample letter mailed to County staff, Board of Sup. Member, & PC Member
o Letter (sample) mailed to abutting ·parcel owners and corresponding list
o Letter (sample) mailed to owners within 2600' of our parcel and list
In summary, National Communications Towers has been in the business of developing
and managing communication towers since 1997. National Communications Towers
will not build a tower until we have an executed lease with a wireless carrier. Our
facilities are designed to facilitate the deployment of a comprehensive communications
network that ensures the reliability of ·public safety, wireless and broadband services.
If you have any questions please do not hesitate to contact me at 804-673-8800
extension 303.
AI Doss
Vice-President of Development
National Communications Towers, LLC
Written Narrative
Statement of Justification and Impact
Special Use Permit Application
National Communication Towers, LLC
Toga Communications Tower, Buckingham, Virginia
National Communication Towers L.L.C. ("National") as lessee, hereby
applies for a Special Use Permit to allow a telecommunications facility and
accessory structures on leased land. The leased land is located within the
property owned by Roy H. Bailey, II and is known as Tax Map Parcel15831. The tower site is located approximately 850 feet Southeast ofRt. 24 and
approximately 425 feet south ofRt. 746,
National is requesting a Special Use Permit to allow a self support
Monopole Tower, measuring approximately 195' in height with a 4'
lightning rod, to be located on a leased area, measuring 125' x 125 '. The
facility will be designed to allow multiple collocations on the tower and
within a secure fenced compound area. The exact number and types of
future .users is difficult to predict, however the tower will be designed to
accommodate a .mix of carrier types. The design mix will include; 6 or more
users of panel antennas (typically 15 panels, 12" wide x 72" high, per user)
and microwave dishes. Likewise, the compound area is designed to
accommodate a mix of shelter types and sizes as denoted on the drawings
submitted with this application.
The 189.84 acre parcel is IndustijaVAgricultural. According to the
Buckingham County zoning ordinance, telecommunication facilities are
permitted within this zoning district, with Special Use Permits. Proper
setback distances have been observed and are denoted on the enclosed plans.
National develops telecommunication facilities for collocations by cellular,
PCS, paging and other wireless services which rely upon a network of
elevated platforms in areas where the carriers have gaps in signal coverage,
or "holes." Such a hole exists along the Rt. 24 corridor. Supported by
propagation studies, National believes a communications facility located on
the subject parcel will enable carriers to fill this gap, while minimizing the
effect on surrounding property owners. Buckingham County Emergency
Services may also co-locate its broadcast equipment on the tower. One
Radiation Center and a 10' X 25' space in the compound will be provided
rent free for Buckingham'sEmergency Services antennas.
The FCC has authorized several carriers to provide wireless services in this
part of Buckingham County. Those carriers include: Sprint, AT&T, Nextel,
Verizon Wireless U.S. Cellular and Ntelos. Verizon Wireless has expressed
an interest in collocating on the tower via a letter of intent.
The facility will be in continuous operation but will produce no interference
with other types of communications including: radio, television, cable TV,
garage door openers or other consumer electronic equipment. No offices
wiil be constructed on the site, so neither sewer nor water facilities will be
required. The facility will produce no refuse, noise, vibration, dust, glare,
odors or fumes. Neither National nor any of the tower users will introduce
hazardous or toxic substances to the site. After completion of construction,
the only traffic associated with the site will be short visits py technicians on
a monthly basis to test or replace equipment components. In most instances
towers below 200'are not required by the FAA to be lit.
The facility will provide a vital public safety service to this-part of the
County in two important ways. First, the County may. incorporate the tower
into its communication network utilized by law enforcement and fire and
rescue personnel. Second, this new facility will enable wireless services to
be extended to this part of the County, enabling the public at large to utilize
those services for important medical or life-safety calls.
The proposed use conforms to the provisions of all applicable ordinances,
regulations, adopted standards and conditions. National is not seeking any
wavier or variance for the proposed use at this time. National respectfully
requests the approval of this Special Use Permit application.
AI Doss
Vice President of Development
National Communication Towers, L.L.C.
Existing Antenna Locations
Buckingham County, Virginia
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Minor Roads
Buckingham County
• Tower
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Public land Tower
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Sources: USDA, ESRI,
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Buckingham County
Mobile Home Park
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Approved January 14, 1991
Edit 3a
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The purpose of this Ordinance is to regulate and guide the establishment of
manufactured/mobile home parks in order to promote the health. safety and general welfare
of the citizens of Buckingham County, Virginia. This Ordinance is designed to accomplish the
following specific objectives:
A) To further the orderly layout of manufactured/mobile home parks
B) To provide opportunities for affordable housing
C) To secure safety from fire, panic and other danger
D) To provide adequate light and air
E) To ensure that facilities for transportation. parking . water. sewage. and recreation
are provided for manufactured/mobile home park residents and visitors.
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All applications for new Mobile Home Parks will be reviewed with the Purpose in mind.
Specificallv applications may be denied based on but not limited to the following items:
A) Location in the County
B) Distance from State Hwv
C) Vegetative Buffer
D) Road Plan (emergency vehicle plan, multiply ingress and egress)
El Amount of Open Space
F) Orientation of homes (perpendicular to State maintained Hwys. preferred)
~etiien 1:
+a permit the develepment ef a eemmereial single famil•t residential man~o~faet~o~rea (meaile)
heme park leeated in an appropriate residential enviranmenti and eentainlng net less than
aeres 1:1nEier ene ewnership er eentrel in these areas ef the Ceynty that are
pre•Jidea with app~'-<ea sewage aispesal plan and water s~o~ppl•t. The eemmertial park sl:!all
!:lave a mlnim~o~m ef 1QQ feet frontage en a §tate maintaineEI ~aEiway. The leeatien afthree er
mere A'lanYfaet~:~rea heA'IeS en a let sl:lall eenstitYte a eemmereial park and the re'!Yirement ef
this eFElinanee shall appl·t· This ordinance does not apply to single unit mobile homes on
individual landowners' property.
th~=ee eentig~o~e~o~s
ARTICLE II Seetien2:
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As used in this ordinance:
l.Accessorybullding or utllltv building shall mean a building which is used for storage by the
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which in the traveling mode is eight body feet or more in width and eF 40 body feet or more
in length, or when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
Buckingham County Moblle Home Park Ordinance
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foundation when co.nnected to the required utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems .contained therein.
3. Mobile Home Park shall mean any place, area
i;eorWtPHS trm:tisj~f la~~-l!l~l':'~!~-~~-------> - Comment [JI.Cl}': Multlple paJU11 Wfth,le$S th~"
3 homes'QII~cb but put tagri>erwrndd eq1!31•
for the purpose of renting a space with or without a manufactured/mobile home where
three (3) or more manufactured/mobile homes will be or are used for human habitation
purposes, whether the manufactured/mobile homes are owned by the Operator of the
manufactured/mobile home park or owned bv individual occupants. No mobile home
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park shall contain more than lGfl!P1tiJ -'-------------------------------------------------------------------------{ CGnunent(RC3]; Ma•~'l.stated here.
4. Mobile Home Space/Lot shall mean that portion of land in a Mobile Home Park allotted or
designated exdusivelv for allotment to one mobile home.
5. Operator means the person who owns or is responsible for the operation of a
manufactured/mobile home park.
..0. Recreation area or park shall mean an area of land and/or water resource that is
developed for active and}or passive recreation pursuits with various man-made features
that accommodate such activities.
lndwstrialized Bwilding Unit meaRs a eem~iRatieA af aRe ar mar=e seetiaRs er meEh:~les, saajeet
teState reglllatiaRs aREI iAGIYEliRg tt:le Reeessary eleetrieal, f!lwm~iRg, l=leatiAg, veRtilatiRg, aAEl
atl=ler servie.e ~tems 1 maRI:Ifaet~red aff site aAd tFaASflerted te tl=le fl9iAt af 1:1se fer iRstallatiaR
ar ereetieA, witl=l er witi=lellt etl=ler Sfleeifier:l eempeAeAts, ta eamflrise a fiAisl=leEI ~1:1iiEiiF1g.
MaRwfastwred Heme P;uk meaRs aA't' semmersiallaeatiaA eaAtaiRiRg tl=lree er mere
maRI:Ifaet~;~reel l=lemes.
SeetiaR 3:
Manufactured homes which conform to national standards as provided for in the
National Manufactured Housing Construction and Safety Standards Act. All manufactured
homes must also conform to the Building Officials and Code Administrators (BOCA) and other
codes as adopted by the County, including the BOAT Mobile Home Code.
Swimming pools, recreational and athletic facilities, community buildings, and other
similar and related improvements for the common use of park occupants and their guests.
A coin-operated laundry and/or drying operation may be permitted for the sole use of
park occupants.
Accessory uses not otherwise prohibit ed, customarily accessory and incidental to any permitted
ARTICLE V SeetieR 5: Minimum Design Standards OTHER REGULATIONS
Buckingham County Mobile Home Park Ordinance
Section A:~ Area and Density:
The area of a mobile home pari<: shall be a minimum of
three (3) contiguous acres and under one ownership or control. The overall density of any
mobile home park shall not exceed two tl:!fee units per gross acre. Density may increase or
decrease depending upon Virginia Department of Health approval for individual well and
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individual septic and Board of Supervisor approval. For density purposes, all areas subject to
flooding and other adverse topographic features making them ~Stutable~_"?~-~~~!~-~~~i-~!_l:l~-~--------~-<1rCo.n~
. -."'"ment'-"-''-[.RG4-.
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shall be excluded from computations. The miRiFRYm Iat ar:ea far iREii'<'iEh:lal mabile t:lames shall
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lfe 1Q,QQQ sqYare feet a REI Re mabile heme sl:lall OCEYfil'/ mar:e thaA 2§ filereeRt af the area af
the let eR •nhieh it is sitYated. The miRiFRYm width far eaet.l let st.lall be§ times the widtl:l efthe
mebile heme, ar §Q feet, whiehe•1er is gr:eater. MiAiFRYm let wielths shall be measYr:ed at right
aRgles te the laRg aKis ef tl:le let at the setbaek liRe er rear af the parkiRg staRE!, wl:liel:lev-er is
Section B:
Open Space:
A minimum of Yz acre per home shall be devoted to open space and recreational area for the
residents of the park. The uses authorized for the common open space must be appropriate to
the scale and character of the park, considering the size, density, and topography. Recreational
areas may Include facilities such as playgrounds. basketball courts. swimming pools, community
buildings and plav areas for small children or other recreational related uses.
Section C:
Mobile Home Spaces
All mobile homes shall be located on individual mobile home spaces/lots. The minimum lot area
for individual mobile homes shall be~ acre unless the park is approved for cluster development
and then~ acre may be used as the minimum lot area.
Flood Hazard
Section D:
Mobile home parks shall not be located in areas that are susceptible to regular flooding as
noted on FEMA maps. Existing manufactured/mobile home parks located in flood hazard areas
shall not be allowed to add additional spaces or manufactured/mobile homes.
Manufacture/mobile home spaces shall be graded so as to prevent water from ponding or
accumulating on the premises.
Section E:
Setback Requirements
All manufactured homes shall be located at least 25 feet from any internal road or
street measured from the closest exterior wall and at least 75 feet from any state
maintained road. (buffer to be included within the 75ft. I
All manufactured homes shall be a minimum of 50 feet from any mobile home
within the park and from any adjacent property lines {buffer to be included within
Accessory structures must be a minimum of 75 feet, measured from any state
maintained road and from the nearest point of adjacent property lines and shall be a
minimum of 25 feet from any mobile home lot line.
Buckingham County Mobile Home Park Ordinance
Tie QewAs:
A11 FRaAYfaet~o~red heme YRits m11st ~:~sea All be see~:~reEI with prepertie
dewA eqyipmeAt st~ifieieAt te eempl•t with CeYAtlp aRe State reg~:~latieAs.
Cr-awl Sf! aGe: Crawl spase shall be at least 20 iAehes alaev+'e grade te fleer,
Base: JlJI maAwfaet~o~red hemes base m~:~st be ee·.'~red with skiFtiAg as !lefiAed iA
SeetieR 3Ei 99.8 efthe(;ede efVirgiAia.
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OpeR Par=ks: Ne park FR3'tlae a uelesed park" where eRtFV is deRieel aA)'EIAe whe has
Ret p~o~rehased him heme frem the dealer, par:k ewRer, er eper-ater. Ne pal'k may alse serve as
a geFieral retail er whelesale, aREI ElemeRStFatieR er sterage area fer FRebile heFRes.
SeetieR 6:
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All maRI:ifaetl:lrea hemes skall be lesated at least i!S feet frem aAy iRterRal read er street
freFR the elesest e~erier wall.
FReas~:~ reEl
Setlaaek is te be measwrea frem aAy aesessery strwetwre aRd m~:~st be a miRim~:~m ef 7S
feet, meas~o~red freFR eeRter er read eA read freAtage a Ad frem the Rea rest peiRt ef aEijaeeAt
pref'lerty liAes.
SeetieR 7:
Ne maRYfaet~o~red heme shall be plaeed withiA SQ feet ef aAetl\er heme er seFw'iee bwildiAg.
Section F8:
All parks must have a minimum of 100 feet of road frontage along a State maintained roadway.
All streets interior to a manufactured/mobile home park must be built to minimum
construction standards required by the Virginia Department of Transportation (VDQT) and
turned over for acceptance to the State Highway System.
Mobile home parks with 12 orfewer units must have a minimum of one VOOT approved
commercial entrance. Those parks with 13 to 36 units must have a minimum of two VOOT
approved commercial entrances.
meet the fellewiAg miAim~:~m staA~ards :
1. MiAimYFA ef sg feet right ef wa'/ elearl•t markel:i eA the plat ElealcateEI fertl:le 1:1se afthe
e'NAers ef the lets iA tl:!e park
i!. OA AO e~o~tlet street a miRiml:lm ef 100 feet syrfaeed t~o~rA arewREl, said twrA arai:IRG to be
s~:~rfaeeEI iA its eAtirety aAEI sleped frem eeRter ta ewter edges eA a slope ef 2 iAehes iA
MIAimwm ef lS iAehes diameter eeAerete, fully bit~:~miAOI:Is seateEI cerrugateEI steel with
pa'J'eEI iA'J'ert aAd eerrwgateEI steel (wAeeated) dFaiAage pipe w.J:Iere swbswrfaee draiAage
is Aeeessary
Buckingham County Mobile Home Park Ordinance
ll. MiRim~m ef4 iAel:les er sa Ad gra'<'el base material f.er Sl:llfaee, wl=!iel~ stlall&e Aeiess
thaA 18 feet iA 'Nidth
§ . CeRstrYEted te a miRimYm ef ~g feet kem eeRter liRe ef draiRage diteh te eeAteriiAe ef
draiRage diteh
[email protected]:
Off-street parking shall be provided for the use of occupants at the minimum ratio of 2.0 car
spaces for each manufactured home. Each location off-street parking area shall have
unobstructed CH:cess to a public street or common street and must be hard surfaced or covered
with gravel, and no parking space should be more than 150 feet from the home lot which It
AA adeq~:~ate aRe safe garbage Elis~esal S'Jstem meetlRg State Wealth StaAElards aAd Each park
shall provide private wast.e disposal and meet the requirements of the Buckingham County
Solid Waste Ordinance~ sl=!all be pre'JideEI iA eaeh ~ar=l<.
Section 1~:
Utilities YTibllY PbAN
!:._All utilities shall be underground, except control instrumentation and substations which
must be screened by planting or ornamental walls. No overhead wires are permitted
within the park.
2. Each manufactured/mobile home must be served by a private well (no shared wells
3. Each manufactured/mobile home must be served by a private septlc {no shared septics
Section J~:
l2-1 Lot corners shall be clearly defined by permanent ground markers corresponding to the
approved plot plan.
The operator is responsible for obtaining manufactured/mobile home park space
numbers from the Buckingham County E-911 Coordinator. Each lot shall be numbered and the
number clearly displayed to facilitate location by emergency vehicles.
All streets within the manufactured/mobile home park will be named. The operator
shall obtain approval of all street names from the Buckingham County E-911
i-The operator shall purchase all street signs through the Buckingham County E-911
Buckingham County Mobile Home Park Ordinance
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4M 1;! 3 ~e..e S.hau 9~ ~~fmafl~·~ meaRted sigR app~· t:lcle ~~ aREI
pwliehased tJy the ~ ~ at eAmlAOOffij tG aAY pl'f'lata stf'eet IAdieatiF!ft ~ac ic is·a
flt:i•Jate stfee' aftEI --~1;1~ a 9tBt!emem Fefieli!!Fig tile ~~~At¥ sf sa~~ afld f~
~te a# v.i,;giAia ei ~~Sihi!!t.it fa.: pPeSeAt eF M~ mtJIAf:eAaA~ ~RsieA1 011 .
eKtensleR ef Sl:l~ ~~ su~ &!gAs te be pe~a~~ afHA ~ _
, {¥;e attl=le Ume efAAal
ptat appre¥at.j_ _____________________________ ___ __ _____ __ ______________ _____ _______ ________________________ ______
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Section K: k;gostruct.lon Rtaw~---------------------------------- ------·---------------------------------- -1
Tie Downs:
All manufactured home units must use an!! be secured with {!ro12er tie
down egui11ment sufficient to comply with Countv and State regulations.
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Crawl Space: Crawl space shall be at least 20 inches above grade to floor.
Base: All manufactured homes ba~e must be covered with skirting as defined in
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Sed!oJ; sc;-29.8 of the Code of Virginia.
Construction Date: All mobile homes when Qlaced in a mobile home park must ~et the
current buildi!!g ~ode requirements ang not be greater than 15 y~ars old {date established from
date of seeking building permit to original construction date).
Section l: Buffer
A buffer striQ Is required to be established along the entire Qerlmeter of the
manufacturedlmoblle home eark where no natural buffer of at least fifteen {15} feet high
exists. A buffer shall consist of a combination of deciduous andlor evergreen trees and
evergreen shrubs and shall be Qlanted in two {2} staggered rows ap(!roximatell{: three (3} feet
apart. The distance between the plants shall be established so that lateral growth will Qrovide a
continuous screen to a minimum height of six (61 feet within two (21 ~ears. Dead trees must be
re(!laced. A single row of plants ma:t be ~ermitted where to~ogra~hic conditions are considered
extreme. A erl~~ ~at least six {6} feet in height ma:t meet the ~Ianting stri~ requirements
in such instances where the Zoning De~artment determines that a fence would be the most
effective buffer. All required planting stri~s must be continually maintained bv the o~erator.
Section M: Maintenance for the Operator
1. The o12erator shall kee~ all park-owned facilities, im{!rovements, egui~ment and !}II
common areas in good re[;!air and maintained in such a manner as to prevent the
accumul§!tion of storage of materials which could constl!ute a fire hazard or would
cause Insect or rodent breeding and harborage.
2. The o~erator shall keep all recreational space in a ~~!Ill! ~1
Section N: Miscellaneous
Open Parks: No park may be a "closed ~ark" where entrv is denied anyone who has
not purchased his home from the dealer, ~ark owner, or operator. No. ~ark may also serve as a
general retail or wholesale, and demonstration or storage area for mobile homes.
Buckingham County Mobile Home Park Ordinance
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Travel Trailers: There shall be no travel trailers located within the manufactured/mobile
home park for the purpose of a dwelling unit.
ARTICLE VI SeetieA ll:
A:~ Platting Generally
Approval Required
No plan for ·development of a Commercial Manufactured Home Park shall be approved
nor shall any development transpire unless the developer shall cause a plat of
development to be made, submitted, and approved pursuant to the terms of this
ordinance and recorded among the land records in the Office of the Clerk of the Circuit
Court of Buckingham County. No plat shall be recorded unless or until the plat shall
have been approved and certified by the governing body or Its authorized agent in
accordance with the regulations set forth In this ordinance.
No lot or manufactured home shall be let or conveyed in any manner in any
manufactured home park before the plat shall have been recorded .
The Board of Supervisors retains unto itself the authority of final approval of plats,
which authority the Board of Supervisors hereby delegates to its agent, the County
Changes on preliminary or final plats shall be authorized pursuant to Section 6-1-2 of
the Buckingham County Subdivision Ordinance.
Fees associated with the review of a plat shall be assessed pursuant to Section 6-1-3 of
the Buckingham County Subdivision Ordinance.
13-2 Preliminary Plat
All regulations pertaining to preliminary plats shall follow such regulations under the
Buckingham County Subdivision Ordinance, specifically, Section 6-3 of the same, substituting
"developer" for "subdivider"; "development" for "subdivision"; "residents" for "property
owners"; and other reasonable alterations of term which cause said regulations to be fully
applicable to manufactured home parks.
Final Plat
Final plat requirements and review procedures shall follow those contained in Section 6-4 of
the Buckingham County Subdivision Ordinance, no subdivision specific terminology
withstanding. Said section is hereby considered a part of this ordinance, reasonable alterations
of term which cause said section to be fully applicable hereto, assumed.
Buckingham County Mobile Home Park Ordinance
13-4 Review Criteria
All plats submitted for review shall be evaluated as to the extent to which the proposed
1. Preserves the topographical features of the site
2. Preserves the environmental integrity of the site
3. Presents an aesthetically pleasing plan for development
4. Protects surrounding land use activities
5. Complies with the provisions of this ordinance, and
6. Complies with all governing State Health Department, Department of Transportation,
and other Federal, State, and local regulations.
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13-5 Conformity to Plan
Any substantial deviation from the plans submitted and approved shalf constitute a violation of
the building permit authorizing construction and shall be considered a violation of this
ARTICLE VII: Compliance and Enforcement
SeetieR 14:
1. If the Zoning Department shall find that any of the provisions of this ordinance ar~ being
violated, it shall notifv the operator of the violation in writing, specifying the nature of
the violation and what corrective actions must be taken.
misdemfeanordor any person who makes a false c$ertification required by this ordinance shall be
guilty o a mis emeanor, punishable by a fine of b500.
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14-2 Validity
Should any article, section, subsection, or provision of this ordinance be declared by a court of
competent jurisdiction to be invalid or unconstitutionality of this ordinance as a whole or any
part thereof other than the part so declared to be invalid or unconstitutional.
14-3 Repeal
All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed to
the extent of their conflict.
14-4 Amendments
This ordinance may be amended in whole or In part by the governing body provided that any
such amendment shall either originate with or be submitted to the Planning Commission for
recommendations, and a public hearing having been held by the governing body. Notice ofthe
time and place of the hearing shall have been given at least once a week for two weeks, and the
last notice at least five but not more than twenty-one days prior to the hearing.
Bucldngham County Mobile Home Park Ordinance
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At the time of enactment of this ordinance, any current manufactured home park in operation
shall be considered a non-conforming use and may continue in operation as herein provided.
15-1 Expansion or Enlargement
A non-conforming park to be expanded or enlarged must f!et have any such expansion
or enlargement conform to the requirements of this ordinance.
15-2 Home Replacement
Homes mav be replaced within a non-conforming park if the density (number of
bedrooms} is not increasing and the placement of the home will not decrease the
setback by more than SO%.
15-2 Abandonment
If any non-conforming park Is discontinued for a period exceeding 6 months, after the
enactment of this ordinance, it shall be deemed abandoned and any subsequent use
shall conform to the requirements of this ordinance.
SeGti9R 19:
IR eases ef ha~dstlifl, a 'lariaRGe may be re{1Yested threygh ttte CawAty AdmiRistFater ta the
PlaARi Rg CemmissiaR with flRal determiRatieR ta be made by the Beard ef SYpervisers.
Buckingham County Mobile Home Park Ordinance
23 Building Permits were issued in the amount of $7,378.63 for the month of May 2013.
Permit No.
James River
Oakwood Homes
calvin Bachrach
Modular w/3 bdrms
Singlewide w/3 bdrms
Calvin Bachrach
Replacing singlewide
Cost of
Cost of Permit
James B. Hudgins
Residential addition:
Non-living space
Slate River
St. Thomas Aquinas
Commercial canst.:
Recreation barn
Marion Coblentz
Stick built dwelling-basement only
Town of
Slate River
Central Tank Service, LLC Mechanical
Paul & Nancy Shifflett
Gary Taylor II
Stick built w/3 bdrms
Stick built w/2 bdrms
Mobile office trailer
James River Slate
Company, Inc.
Phase 1 Electrical, Inc.
Ellington Energy
Services, Inc.
Slate River
Michael A. Fraticelli
Christopher & Leanne
Baljinder S. Bains
Herbert & Sherry Reedy
B&T Builders &
Michael Yoder
Stick built w/2 bdrms
Stick built w/3 bdrms
Residential addition:
living space & garage
Detached garage
Stick built w/2 bdrms
*Number used but permit not issued yet*
Oakwood Homes
Thomas E. Bolden, Jr.
Slate River
Richard Seay, Gen.
Modular w/3 bdrms
Residential addition:
living space
Stick built w/3 bdrms &
Contr., Inc.
Eric Buschman
Buckingham Branch
attached garage
Stick built w/4 bdrms
Fees waived by
Board of
Town of
**Cost of permit is calculated based on square footage of structure**
Improvements by Lan
Total permits issued
Total# of Residential
Total # of New Dwellings
Total Dwellings by Land District
James River
Slate River
Stick Built
James River Curdsville
Slate River
Slate River
Slate River
Ooublewide Modular
2 $
- $
Stick Built
12 • denotes replacing existing dwelling
Residential Add's
Resident Remodel Ag Bid
Residential Add's
NonAg Sheds Commercial
Resident Remodel Ag Bid
Non Ag Sheds Commercial
- $