§ 4-7. Miscellaneous provisions.


Latest version.
  • 4-7.1.

    Abandonment and removal: If a wireless support structure is abandoned for more than 12 consecutive months, the Planning Director or designee may require that such wireless support structure be removed but only after first providing written notice to the owner of the wireless support structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the wireless support structure within 60 days of receipt of said written notice.

    In the event the owner of the wireless support structure fails to reclaim the wireless support structure within the 60-day period, the owner of the wireless support structure shall be required to remove the same within six months thereafter. Carteret County shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner, minus any monies received by the county for the scrap metals and other reclaimed/recycled elements.

    4-7.2.

    Reservation of authority to inspect wireless telecommunications facilities: In order to verify that the holder of a permit for a wireless telecommunications facility and any and all lessees, renters, and/or licensees of it, have placed and constructed such facilities in accordance with all applicable laws, ordinances, and regulations, the applicant, by payment of any fee and/or submission of any application and/or plan for a wireless telecommunications facility, agrees that the Planning Director or designee may inspect the pertinent facets of said applicant's placement, construction, modification and maintenance of such facilities, including all towers, antennas, the outside of buildings, and other structures constructed or located on the site.

    4-7.3.

    Multiple uses on a single parcel or lot: Wireless facilities and wireless support structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.

    4-7.4.

    Default and/or revocation: If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified, or maintained in a way that is inconsistent or not in compliance with the provisions of this Ordinance or of the special use permit, then the county shall notify the holder of the permit in writing of such violation. A permit holder in violation may be considered in default and subject to fines and, if a violation is not corrected to the satisfaction of the county in a reasonable period of time, the permit is subject to revocation.

    4-7.5.

    Responsible party(s): The owner(s) of a wireless telecommunications facility, any support structure used to accommodate wireless facilities, and the land upon which a facility or support structure is located shall be jointly and severally responsible for:

    A.

    The physical and safe condition of the facility, support structure, and all components on the site related to the facility;

    B.

    Assuring that all activities of owners, users, or lessees occurring on the facility or property, support structure, and all components on the site related to the facility are at all times in compliance with all applicable laws, ordinances, rules, regulations, orders, and permits related to the facility; and

    C.

    Assuring the proper permitting as required by this article and other county regulations by all lessees and users of the facility, including but not limited to any upgrades and/or modifications of equipment.

    Said owner(s) shall monitor activities at the site to assure that the facility is operated in compliance with all pertinent laws, rules, and regulations.

    If a tower is involved, the owner of the tower and/or the leasehold property involved shall be the primary applicant for any permit required under this Ordinance. Carrier, user, or lessee information shall be provided as needed and as allowed under law.

(Ord. of 1-13-14(3); Ord. of 5-19-14(2))