PB Agenda Packet - June 4 2025 - Laserfiche WebLink

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19 716 Charity Kirk: So, all towers have to be removed 180 days plus 30 days from the end of use. 180 days is fluid 717 depending on when someone notices it. 718 719 Albert Benshoff: The short answer is yes. 720 721 Charity Kirk: Okay. 722 723 Albert Benshoff: It gets, it gets technical. 724 725 Charity Kirk: Well, I just, I just didn't understand it,so I'm trying to understand it. 726 727 Pat Mallett: That's common, 180-day mark is common for lots of uses. 728 729 Albert Benshoff: I'm trying to remember that the general statutes. I have them, but I don't want to stop and look 730 that up. I think there was a provision in there,a special provision in there that says you can tell 731 the company to take it down. 732 733 Charity Kirk: I feel like something should be in here about when you remove everything and it's most clear 734 about small micro wireless facilities, but as long as the planning board understands 180 days. 735 736 Albert Benshoff: Let me say just by way of background. That sort of thing is going to creep in because the 737 legislature treats small cell wireless differently, and they've carved that out as a discreet land use 738 that must be treated by itself and, so, that's why there's a section of special rules for small cell 739 wireless that don't apply to that,to other kinds of wireless support structures because it's in the 740 general statues. 741 742 Chris Johnston: That's fine. I think Charity's point, and I apologize if I'm misconstruing is this specifically states 743 that the small cell tower has a specific carve out for 180 days. Correct? 744 745 Albert Benshoff: Correct. 746 747 Chris Johnston: Okay. If that's a general statute requirement or said along those lines, cause I, 1 do notice that 748 there are footnotes all up and down this thing and in regard to GS-160D-931 or whatever the case 749 may be. If this is a specific carve out,specifically because of some statute, it might make it 750 clearer to either call that out or to say all towers, rather than specifically the cell towers. Is that an 751 accurate representation? We need to say it's for everything or we need to say the reason we're 752 calling this out is because of statutes. 753 754 Charity Kirk: I'm just unclear. I'm trying to understand. I feel my comments are nit-picky like I said, and this is 755 something I didn't understand, so as long as you all are clear. 756 757 Chris Johnston: But I'm not sure, because from Perdita I heard 30 days and now I'm hearing 180 days, plus 30 758 days,so I'm not sure it is 100 percent. Sorry. Cy. 759 760 Cy Stober: Yeah, I think I can help. So, 5.10. 6 is about cessation. So,that's the operations of the facility as a 761 use. We would then go to Subsection 7 you can have abandonment,which means that the owner 762 has completely abandoned a structure and its operations. Perhaps even abandoned the vendors 763 who are using that structure. Those are separate things. 5.10.8 would be our next plinko down 764 from 5.10.6 where we go from cessation of operations to removal and that's the enforcement on 765 their end. We have the 180-day for small micro wireless there, but there's the 30-day notice of 766 abandonment and then to Mr. Benshoffs comment abatement is empowered to the county. So, 767 that means that we can order the demolition and we can place an assessment on the property or 768 even take other legal actions to assess the owner of the facility. So, in Subsection B, Item B, the 769 county's empowered to abate the use, so, more immediately within 30 days to Perdita's point, then