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PB Agenda Packet - June 4 2025
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PB Agenda Packet - June 4 2025
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6/4/2025
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18 <br /> 661 a clear path to assessment,which is a much faster remedy than trying to endlessly take folks to <br /> 662 court and I appreciate that. <br /> 663 <br /> 664 Beth Bronson: Thanks for everybody's input. <br /> 665 <br /> 666 Chris Johnston: Charity. <br /> 667 <br /> 668 Charity Kirk: I have some nit-picky stuff, but I'll follow up on that question with the replacement of towers, like <br /> 669 removal. I only saw deadlines shall be 180 days for small micro wireless facilities. I didn't catch <br /> 670 everything so, excuse me if it's in here, but I didn't catch it, but the bigger towers, how do those <br /> 671 get removed? <br /> 672 <br /> 673 Patrick Mallett: All right. The deconditioning part is, there's a built-in part of that which is,there are only a handful <br /> 674 of tower providers around nationally, and definitely in our region. Three or four. Typically, if those <br /> 675 tower providers have a facility on a property, they don't own the dirt. There are a few where they <br /> 676 actually own the dirt. The vast majority of them,they have a lease. And so, my experience has <br /> 677 been the decommissioning is kind of a built-in process from a liability perspective. They don't <br /> 678 want someone to get hurt or the property owner, they no longer have a lease. They want to take <br /> 679 that tower down pretty quickly. You'll see the scant ones that have one antenna, or the lease isn't <br /> 680 up and they're keeping their options open, but that's a built-in mechanism. <br /> 681 <br /> 682 Charity Kirk: So you don't have anything in here about removal of those towers. <br /> 683 <br /> 684 Albert Benshoff: It's Section 5.10.8.Which refers to all wireless support structures. <br /> 685 <br /> 686 Charity Kirk: It's 30 days and then it's 180 days, so it's generally 30 days and then it's 180 days for small micro <br /> 687 wireless facilities. <br /> 688 <br /> 689 Albert Benshoff: No, it's 180 days for everything. Because that's the standard law in North Carolina about non- <br /> 690 conformity,a use is deemed non-confirming and may be abated if it's abandoned for 180 days. <br /> 691 <br /> 692 Charity Kirk: So, 5.10.8.(C)says 180 days for small micro wireless facilities. But where is it 180 days for all <br /> 693 facilities? <br /> 694 <br /> 695 Albert Benshoff: Well, it's probably because the general statutes had that in there and I'm not sure that shouldn't be <br /> 696 changed to just say the deadline is 180 days, period. That would be fair. <br /> 697 <br /> 698 Charity Kirk: Okay. <br /> 699 <br /> 700 Chris Johnston: Perdita has a question. <br /> 701 <br /> 702 Perdita Holtz: Well, I'm just confused because (A) clearly says remove an abandoned wireless telecom facility <br /> 703 within 30 days of the date it is deemed abandoned. So,when I read the plain language about <br /> 704 that, it's 30 days. For some reason, small and micro wireless facilities are 180 days, and 1 <br /> 705 presume that's because of the special legislation they have. <br /> 706 <br /> 707 Patrick Mallett: Yeah. <br /> 708 <br /> 709 Charity Kirk: Well, abandonment above was saying not used for 180 days. So, it's 180 days for abandonment <br /> 710 and then another 30 days to remove it. <br /> 711 <br /> 712 Albert Benshoff Right, because and that's standard zoning law in North Carolina and has been for decades that <br /> 713 people don't say oh, I'm abandoning this property, this use. They just stop and leave and,so, if <br /> 714 the county can prove that the use has stopped and people have left, in 180 days, it can be abated. <br /> 715 <br />
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