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59 <br /> DRAFT <br /> 270 <br /> 271 Charity Kirk: Okay. <br /> 272 <br /> 273 Chris Johnston: Perdita has a question. <br /> 274 <br /> 275 Perdita Holtz: Well, I'm just confused because (A)clearly says remove an abandoned wireless telecom facility <br /> 276 within 30 days of the date it is deemed abandoned. So,when I read the plain language about <br /> 277 that, it's 30 days. For some reason, small and micro wireless facilities are 180 days, and 1 <br /> 278 presume that's because of the special legislation they have. <br /> 279 <br /> 280 Patrick Mallett: Yeah. <br /> 281 <br /> 282 Charity Kirk: Well, abandonment above was saying not used for 180 days. So, it's 180 days for abandonment <br /> 283 and then another 30 days to remove it. <br /> 284 <br /> 285 Albert Benshoff Right, because and that's standard zoning law in North Carolina and has been for decades that <br /> 286 people don't say oh, I'm abandoning this property, this use. They just stop and leave and, so, if <br /> 287 the county can prove that the use has stopped and people have left, in 180 days, it can be abated. <br /> 288 <br /> 289 Charity Kirk: So, all towers have to be removed 180 days plus 30 days from the end of use. 180 days is fluid <br /> 290 depending on when someone notices it. <br /> 291 <br /> 292 Albert Benshoff: The short answer is yes. <br /> 293 <br /> 294 Charity Kirk: Okay. <br /> 295 <br /> 296 Albert Benshoff: It gets, it gets technical. <br /> 297 <br /> 298 Charity Kirk: Well, I just, I just didn't understand it,so I'm trying to understand it. <br /> 299 <br /> 300 Pat Mallett: That's common, 180-day mark is common for lots of uses. <br /> 301 <br /> 302 Albert Benshoff: I'm trying to remember that the general statutes. I have them, but I don't want to stop and look <br /> 303 that up. I think there was a provision in there,a special provision in there that says you can tell <br /> 304 the company to take it down. <br /> 305 <br /> 306 Charity Kirk: I feel like something should be in here about when you remove everything and it's most clear <br /> 307 about small micro wireless facilities, but as long as the planning board understands 180 days. <br /> 308 <br /> 309 Albert Benshoff: Let me say just by way of background. That sort of thing is going to creep in because the <br /> 310 legislature treats small cell wireless differently, and they've carved that out as a discreet land use <br /> 311 that must be treated by itself and, so,that's why there's a section of special rules for small cell <br /> 312 wireless that don't apply to that,to other kinds of wireless support structures because it's in the <br /> 313 general statues. <br /> 314 <br /> 315 Chris Johnston: That's fine. I think Charity's point, and I apologize if I'm misconstruing is this specifically states <br /> 316 that the small cell tower has a specific carve out for 180 days. Correct? <br /> 317 <br /> 318 Albert Benshoff: Correct. <br /> 319 <br /> 320 Chris Johnston: Okay. If that's a general statute requirement or said along those lines, cause I, 1 do notice that <br /> 321 there are footnotes all up and down this thing and in regard to GS-160D-931 or whatever the case <br /> 322 may be. If this is a specific carve out, specifically because of some statute, it might make it <br /> 323 clearer to either call that out or to say all towers, rather than specifically the cell towers. Is that an <br />