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COMMUNICATIONS TOWER ORDINANCE
011,1
HARNETT COUNTY, NORTH CAROLINA
FOR REGISTRATION REGISTER OF DEEDS
KIMBERLY S. HARGROVE
HARNETT COUNTY. NC
2000 DEC 13 01:47 34 PM
BK 1455 PG:528 -540 FEE:$30. 00
INSTRUMENT # 2000015058
Adopted December 4, 2000
HARNETT COUNTY BOARD OF COMMISSIONERS
Teddy Byrd, Chairman
Beatrice Hill, Vice - Chairman
Dan Andrews
Walt Titchener
Tim McNeill
HARNETT COUNTY PLANNING BOARD
Harold Butts, Jr., Chairman
Kenneth Shaw, Vice - Chairman
John Milton McKoy
Thomas Stewart
Cathy Johnson
Harriette Ray
Ronald Thomas
ARTICLEI GENERAL PROVISIONS ........................................................................................................................... ..............................3
SECTION1.1 PURPOSE .............. ........................................ - ............ : ..........................................................................................
3
SECTION1.2 AUTHORITY ............................................................................................................................ ..............................3
SECTION1.3 JURISDICTION ......................................................................................................................... ...............................
3
SECTION 1.4 EXISTING COMMUNICATIONS TOWERS.. ... .............................................................................................................
3
SECTION1.5 EXEMPTTOWERS .................................................................................................................... ..............................3
SECTION 1.6 SEVERABILITY OF ORDINANCE ................................................................................................. ..............................3
SECTION1.7 EFFECTIVE DATE .................................................................................................................... ...............................
3
SECTION1.8 DISCONTINUED USE ............................................................................................................... ...............................
3
ARTICLE H INTERPRETATIONS OF CERTAIN TERMS AND DEFINITIONS ............................................... ..............................4
SECTION 2.0 INTERPRETATION OF CERTAIN TERMS AND WORDS ................................................................. ...............................
4
SECTION2.1 DEFI NITIONS ..................................... .-- .................................... ...........................................................................
4
ARTICLE III - REQUIREMENTS FOR ALL TOWERS AND ASSOCIATED EQUIPMENT .................................... ..............................5
SECTION 3.0 BUILDING CODE REQUIREMENTS- ........................................ ................................................ ..............................
5
SECTION 3.1 ANSI STANDARDS (ELECTRO MAGNETIC FORCE - EMF) ........................................................ ...............................
5
SECTION 3.2 TELEVISION AND RADIO FREQUENCY ...................................................................................... ...............................
5
SECTION3.3 SIGNS .................................................................................................................................... ...............................
5
SECTION3.4 COLOR ................................................................................................................................... ...............................
5
SECTION3.5 LIGHTING ............................................................................................................................... ...............................
6
SECTION3.6 FENCING ................................................................................................................................. ..............................6
ARTICLE IV PERMIT (LEVEL 1)- AMATEUR RADIO TOWERS ........................................................................... ..............................6
SECTION4.0 APPLICATION REQUIREMENTS ................................................................................................ ...............................
6
SECTION4.1 TOWER HEIGHT ....................................................................................................................... ..............................6
SECTION 4.2 MINIMUM SETBACK REQUIREMENTS ....................................................................................... ...............................
6
ARTICLE V PERMIT (LEVEL In CO- LOCATION, ALTERNATIVE STRUCTURE PLACEMENT, REPLACEMENT TOWERS ....
6
SECTION 5.0 APPLICATION REQUIREMENTS FOR PERMIT (LEVEL II) ............................................................. ...............................
6
SECTION5.1 CO- LOCATION ......................................................................................................................... ..............................6
SECTION 5.2 ALTERNATIVE STRUCTURE PLACEMENT .................................................................................. ...............................
7
SECTION5.3 REPLACEMENT TOWER ........................................................................................................... ...............................
7
ARTICLEVI PERMIT (LEVEL IIp -NEW TOWERS ................................................................................................ ..............................7
SECTION 6.0 APPLICATION REQUIREMENTS FOR PERMIT (LEVEL III) ............................................................ ...............................
7
SECTION6.1 MINIMAL IMPACT ................................................................................................................... ...............................
8
SECTION 6.2 SEPARATION FROM EXISTING COMMUNICATION TOWERS ........................................................ ...............................
8
SECTION 6.3 MINIMUM SETBACK REQUIREMENTS ........................................................................................ ..............................8
SECTION 6.4 COMPLIANCE WITH FEDERAL AND STATE REGULATIONS ......................................................... ...............................
8
SECTION 6.5 DESIGN TO ACCOMMODATE ADDITIONAL USER ....................................................................... ...............................
9
SECTION 6.6 OPTION TO COUNTY ON CO- LOCATION OPPORTUNITY ............................................................. ...............................
9
SECTION6.7 EASEMENTS ........................................................................................................................... ...............................
9
SECTION 6.8 BUFFER ZONES / LANDSCAPING .............................................................................................. ...............................
9
SECTION6.9 TOWER HEIGHT LIMITATIONS ................................................................................................. ...............................
9
ARTICLEVII ADMINISTRATION ............................................................................................................................... ..............................9
SECTION7.0 ADMINISTRATION .................................................................................................................... ..............................9
SECTION 7.1 ESTABLISHMENT OF THE COMMUNICATIONS TOWER REVIEW BOARD ........................................ ..............................9
SECTION 7.2 RULES OF CONDUCT FOR MEMBERS ........................................................................................ ...............................
9
SECTION 7.3 POWERS AND DUTIES OF THE COMMUNICATIONS TOWER REVIEW BOARD .............................. ...............................
10
SECTION7.4 ENFORCEMENT ..................................................................................................................... ...............................
10
SECTION7.5 FEES .................................................................................................................................... ...............................
10
SECTION 7.6 FILING AND NOTICE OF AN APPEAL ....................................................................................... ...............................
10
SECTION 7.7 FEES FOR VARIANCES OR APPEALS ....................................................................................... ...............................
I
SECTION7.8 PENALTI ES ........................................................................................................................... ...............................
11
SECTION7.9 AMENDMENT ....................................................................................................................... ...............................
11
SECTION7. IO CONFLICTS ......................................................................................................................... ...............................
l 1
SECTION7.11 ADOPTION CERTIFICATION ................................................................................................. ...............................
11
Article I General Provisions
Section 1.0 Title
This Ordinance shall be known and may be cited as the "Communications Tower Ordinance of Harnett
County, North Carolina."
Section 1.1 Purpose
The regulations as herein set forth have been made for the purpose of promoting the health, safety, and
general welfare of, Harnett County residents.
Section 1.2 Authority
The provisions of the Ordinance are adopted under authority granted by the General Assembly of the State of
North Carolina with particular reference to Article 6 of Chapter 153A of the North Carolina General Statutes.
Section 1.3 Jurisdiction
These regulations "shall govern the establishment and maintenance of communications towers. Provisions of
the Ordinance shall apply uniformly to all areas within the jurisdiction of Harnett County.
Section 1.4 Existing Communications Towers
Communications towers existing and those who have received a permit before the adoption of this
Communications Tower Ordinance of Harnett County, North Carolina shall be allowed to operate as long as
they meet the previous requirements set forth by Harnett County. Existing towers shall not be allowed to
expand or increase in size unless such expansion meets the requirements of this Ordinance. Co- location is
encouraged but not required of towers developed or permitted before the adoption of this Communications
Tower Ordinance, of Harnett County, North Carolina.
Section 1.5 Exempt Towers
Towers constructed or permitted prior to the effective date of this Ordinance and any tower less than fifty
(50) feet in height are exempt from the terms of this Ordinance. If an antenna mounted on an alternative
structure or tower does not extend more than twenty (20) feet higher than the structure or tower, such
construction is exempt from the terms of this Ordinance. Exemption herein does not constitute exemption
from any other applicable federal, state, local law or regulation.
Section 1.6 Severability of Ordinance
Should any section or provisions of this Ordinance be decided by a court of competent jurisdiction to be
unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or invalid.
Section 1.7 Effective Date
This Ordinance shall be effective from and after the date of its adoption by the Harnett County Board of
Commissioners.
Section 1.8 Discontinued Use
Notice shall be provided to the Harnett County Planning Department when the use of a communications
tower is discontinued. If the use of the communications tower has been discontinued for a continuous period
of one- hundred eighty (180) days, then the tower owner /operator or the tower site owner shall remove the
tower, including tower base, within ninety (90) days. The tower owner /operator and the tower site owner
shall be jointly and severally responsible for such removal.
ARTICLE H Interpretations of Certain Terms and Definitions
Section 2.0 Interpretation of Certain Terms and Words
A. Words used in the present tense include the future tense.
B. Words used in the singular number include the plural, and words used in the plural number
include the singular.
C. The word "shall' is always mandatory and not merely directory.
D. The word "may" is permissive.
E. The words "used" or "occupied" include the words intended, designed, or arranged to be used
or occupied.
Section 2.1 Definitions
Alternative Structure - A structure that is not primarily constructed for the purpose of holding antennas but
on which one or more antennas may be mounted. Alternative structures include, but are not limited to,
buildings, water tanks, pole signs, billboards, church steeples and electric power transmission towers.
Amateur Radio Tower — Any tower used for amateur radio transmissions consistent with the "Complete FCC
U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers.
Antenna - Any exterior transmitting or receiving device which radiates or captures electromagnetic waves.
Board of Adjustment - The Board of Adjustment consists of five (5) members and five (5) alternates, who
shall be citizens of Harnett County, North Carolina. These members shall be appointed by the Board of
County Commissioners for three -year terms and shall serve as the Harnett County Communications Tower
Review Board. Alternates shall also be appointed to three -year terms. (See Zoning Ordinance For Harnett
County Article XII.)
Co- location - The placement of an additional antenna on an existing tower, including required support
equipment and buildings at the base of the tower and any necessary modification to the structure of the
existing tower.
Communications Tower (Tower) - Any structure that is designed and built for the purpose of supporting one
or more antennas, including self - supporting lattice towers, guyed towers, or monopole towers. The term
includes radio and television transmission towers, personal communications service towers (PCS),
microwave towers, common - carrier towers, and cellular telephone towers.
Permit (Level I) - The permit issued by the Ordinance Administrator as designated by this Ordinance, to an
individual, corporation, partnership, or other entity to engage in the creation of amateur radio tower which
exceeds fifty (50) feet.
Permit (Level II) - The permit issued by the Ordinance Administrator as designated by this Ordinance, to an
individual, corporation, partnership, or other entity to engage in co- location, alternative structure placement,
and /or tower replacement (Replacement Tower) excluding amateur radio towers.
Permit (Level III) — The permit issued by the Ordinance Administrator as designated by this Ordinance, to an
individual, corporation, partnership, or other entity to engage in the creation of new towers, excluding
amateur radio towers.
Replacement Tower - A new communications tower intended to replace an existing tower meeting the
requirements of this Ordinance.
Structure - is anything constructed or erected, the use of which required permanent location on the ground, or
attachment to something having a permanent location on the ground, including advertising signs.
Tower Base - The foundation, usually concrete, on which the tower and other support equipment are situated.
For measurement calculations, the tower base is that point on the foundation reached by dropping a
perpendicular from the geometric center of the tower.
Tower Height - The vertical distance measured from the tower base to the highest point of the tower,
including any antenna, lighting or other equipment affixed thereto.
Tower Site - The land area that contains, or will contain, a proposed tower, support structures and other
related buildings and improvements.
Variance - A modification of the terms of this Ordinance where, owing to conditions peculiar to the property,
a literal enforcement of this Ordinance would result in an unnecessary hardship. A Variance shall be
reviewed and issued by the Telecommunications Tower Review Board.
Article III — Requirements for all Towers and Associated Equipment
Section 3.0 Building Code Requirements
Towers shall be constructed and maintained in conformance with all applicable building code requirements.
Section 3.1 ANSI Standards (Electro Magnetic Force — EMF)
Any communications antennas or other equipment placed on towers or alternative structures shall not exceed
the emission output levels specified by federally approved levels or the American National Standard Institute
(ANSI) Standards for Power density, which ever provides the stricter requirements.
Section 3.2 Television and Radio Frequency
Towers shall not interfere with normal radio and television reception in the vicinity.
Section 33 Signs
A sign, not to exceed eight (8) square feet, which includes the name of the tower owner /operator and a
telephone number for emergencies, shall be displayed in a visible location attached to the fence at or adjacent
to the gate. No sign may be placed on the tower for commercial advertisement purposes. Warning and no
trespassing signs are permitted and encouraged.
Section 3.4 Color
Towers shall be light gray or any other color that blends into the environment in which the tower is located,
except when otherwise required by applicable federal and state law or regulations.
Section 3.5 Lighting
Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or
other federal or state authority and in no case shall exceed the required minimum. Ground level security
lighting may be permitted if designed to minimize impacts on adjacent properties.
Section 3.6 Fencine
A security fence of commercial grade chain -link of at least eight (8) feet in height shall surround the base of
the tower, the base of any guy wires and associated buildings. A locking gate shall be part of this security
fence.
Article IV Permit (Level I) — Amateur Radio Towers
Section 4.0 Application Requirements
Permit (Level I) applications shall contain the following:
1. Completion of the "Communications Tower Ordinance of Harnett County North Carolina
Application Permit."
2. Application Fee
3. Site Plan (drawn to scale)
4. Applicant shall provide a valid FCC amateur operator's license.
Section 4.1 Tower Heieht
Tower height and location shall comply with federal and state law. Towers shall not exceed 199 feet unless
FCC approval is demonstrated.
Section 4.2 Minimum Setback Requirements
A distance equal to the height of the tower shall separate new amateur radio towers from all structures (not
located on the same parcel as the tower), property lines, right -of -way lines and/or easements. Any
relocation must comply with current ordinance setback requirements, or, if compliance is not possible, the
relocation must not increase the amount by which setbacks are nonconforming, other than increases
necessitated solely by changes in size of the base to support the new tower.
Article V Permit (Level m Co- Location, Alternative Structure Placement, Replacement Towers
Section 5.0 Application Requirements for Permit (Level II)
Permit (Level II) applications shall contain the following:
1. Completion of the "Communications Tower Ordinance of Harnett County North Carolina
Application Permit"
2. Application Fee
3. Site Plan (drawn to scale)
4. Structural Engineer Certification
Section 5.1 Co- location
Harnett County requires co- location of antennas on existing communications towers where co- location is
possible. Upon enactment of this Ordinance, any person, corporation, partnership, or other entity which
intends to co- locate on an existing communications tower within the jurisdiction of this Ordinance which
adds more than twenty (20) feet to the tower, must obtain a Permit (Level II).
Section 5.2 Alternative Structure Placement
A structure which is not primarily constructed for the purpose of holding antennas but on which one or more
antennas may be mounted. Upon enactment of this Ordinance, any person, corporation, partnership, or other
entity which intends to place an antenna on an alternative structure within the jurisdiction of this Ordinance
which adds more than twenty (20) feet to the structure, must obtain a Permit (Level II).
Section 5.3 Replacement Tower
A new communications tower intended to replace an existing tower where the new tower meets the
following requirements:
1. Located on the same parcel as the existing tower.
2. No higher than the original tower.
3. Any relocation must comply with current ordinance setback requirements, or, if compliance is not
possible, the relocation must not increase the amount by which setbacks are nonconforming, other
than increases necessitated solely by changes in size of the base to support the new tower.
Any replacement tower which meets the criteria set forth above must obtain a Permit (Level II). Any
replacement tower which does not meet the criteria set forth above shall be considered a new tower subject
to all provisions of this ordinance and must obtain a Permit (Level III). The existing tower, including tower
base, must be removed within ninety (90) days of the construction of the new tower.
ARTICLE VI Permit (Level"— New Towers
Section 6.0 Application Requirements for Permit (Level III)
Application Information including:
I. Completion of the "Communications Tower Ordinance of Harnett County, North Carolina
Application Permit'
2. Application Fee
3. Site Plan prepared by an active North Carolina Registered Land Surveyor, Professional Engineer,
or Landscape Architect (drawn to scale) including:
1. Names, addresses, and telephone numbers of the applicant and the property owner.
2. Deed Book/Page and Map Book/Page Reference.
3. Name of Project Development.
4. The plan scale, a North arrow and a vicinity map.
5. Zoning District Classification.
6. Watershed Classification - % coverage of lot to be impervious surface (if located in a
designated watershed area).
7. Tax parcel identification number for the parcel of land containing the tower site and the
towers latitude and longitude coordinates.
8. The name address, signature and seal of the person who prepared the site plan.
9. Locations and widths of all easements and right -of -ways within and adjacent to the site.
10. Location of existing and/ or proposed parking, fencing, screening, and gates.
11. Location of existing and /or proposed plant materials (including the size and type of plant.)
12. Location of all parking on site.
13. The surveyed boundary lines of the parcel, or portion thereof, that will contain the
proposed tower. An active North Carolina Registered Land Surveyor shall survey such
boundary lines.
14. The general location of boundary lines of any parcel or portion thereof within a radius
from the tower base to the proposed tower height.
15. All identifiable buildings and structures (including existing towers) roads and perennial
streams located on the parcel containing the tower site and within a radius from the tower
base equal to the tower height.
16. The tower base and the foundations for all guyed line anchors and support structures, all
proposed buildings, accessory structures and any other proposed improvements, including
roads and utilities serving the proposed site.
17. The ground elevation of the base of the proposed tower, to the nearest foot.
4. Structural Engineer Certification
5. Tower Sketch that includes dimensions, accessory structures and antennas.
6. Statement Regarding Accommodation of Additional User(s).
7. The applicant shall be responsible for providing the names addresses and parcel identification
numbers of all property owners within the application and all adjoining property owners insofar
as the applicant is able to obtain the these name and addresses, through personal knowledge,
Harnett County Tax Office, or Harnett County Land Records Office.
8. The applicant must submit a recorded legal description of the tower site and ingress/egress
easement to the site.
9. Area Map- a map indicating the proposed tower and coverage, other tower and coverage areas
and any approved tower sites within a five (5) mile radius.
10. Evidence of Lack of Alternative Site - Documentation which shows that a reasonable effort has
been made to co- locate a proposed antenna for a communications tower on an existing tower or
alternative structure and that there are no feasible alternative to constructing the proposed tower
because the owner of an existing tower or alternative structure which could be used for an
antenna is unwilling to allow the co- location or because no tower or structure exists which (1)
could provide coverage to the proposed service area, or (2) is structurally capable of supporting
the intended equipment, or (3) is the proper height, or (4) would not cause frequency interference.
Section 6.1 Minimal Impact
Tower owners should always exercise best efforts in the placement of communications towers so that they
have minimal impact on adjacent residents and landowners. The following standards shall be in effect for all
new towers and compliance therewith is required for all new towers and shall be conclusive proof of best
efforts on the part of the tower owners. Note that in most cases, the standards are more relaxed on monopole
towers.
Section 6.2 Separation from Existing Communication Towers
New monopole towers shall be located at least one half (0.5) mile from any existing or permitted tower of
any type (monopole, lattice, or guyed) which is greater than one hundred and fifty (150) feet in height. New
lattice or guyed towers shall be located at least one (1) mile from any existing or permitted tower, of any
type, which is greater than one hundred and fifty (150) feet in height.
Section 6.3 Minimum Setback Requirements
A distance equal to seventy -five (75) percent of the proposed tower height shall separate new monopole
towers from all structures, property lines, right -of -way lines and /or easements. A distance equal to the height
of the proposed tower shall separate new lattice or guyed towers from all structures, property lines and /or
right -of -way lines.
Section 6.4 Compliance with Federal and State Regulations
The applicant, owner, or developer shall certify that the proposed tower will be constructed and operated in
accordance with all applicable local, state, and federal regulations, including, but not limited to, all FCC and
FAA rules and guidelines.
Section 6 5 Design to Accommodate Additional User
Tower design shall allow for the co- location of other service provider(s) at a fair market value. If the tower
is less than 150 feet, it shall be designed to accommodate one additional service provider. If the tower is
between 150 and 300 feet in height, it shall be designed to accommodate a minimum of two (2) additional
service providers.
Section 6.6 Option to County on Co- Location Opportunity
For all new towers, the applicant shall give Harnett County the option of co- locating, for governmental use,
where such co- location will not interfere with other providers. There shall be no access fee charged for said
co- location.
Section 6.7 Easements
An easement of no less than thirty (30) feet wide is required for each new communications tower as in the
Subdivision Ordinance for Harnett County.
Section 6.8 Buffer Zones / Landscapine
A landscape buffer shall be required in the setback space. The buffer for lattice and guyed towers shall be
sixty (60) feet. The buffer for monopole towers shall be thirty (30) feet. The buffer may be measured
inward from the property and right -of -way lines, or outward from the fence that surrounds the tower
compound. Landscaping shall be as follows:
Buffers shall consist of planting evergreens and /or deciduous trees spaced no more than twenty (20)
feet apart. Such trees shall be six to seven (6 -7) feet tall for evergreens at the time of planting and
shall reach a height of no less than thirty (30) feet at maturity. In addition, planting of low growing
shrubs, and /or trees shall be placed at ten (10) foot intervals. The buffer zone shall not be in, and no
planting shall be placed in, the road right -of —way. The buffer must be maintained for the life of the
tower. A landscape plan shall be submitted as part of the wireless communications facility permit
being applied for under this Article.
Section 6.9 Tower Height Limitations
The height of any Communications Tower shall be limited to three hundred (300) feet.
Section 6.10 Biannual Certification of Tower Use
There must be written notice given to the Harnett County Planning Department biannually that each tower is
still in normal operation. The period for biannual notification will begin the date the permit was issued.
Article VII Administration
Section 7.0 Administration
This Ordinance shall be administered and enforced by the Chief Planner of Harnett County or his designee
and is hereby appointed in that capacity through adoption of this Ordinance.
Section 7.1 Establishment of the Communications Tower Review Board
There is hereby created a Communications Tower Review Board which shall be the Harnett County Board of
Adjustment, including its alternates, serving at the time of adoption of this Ordinance and its duly appointed
successor Boards.
Section 7.2 Rules of Conduct for Members
The Communications Tower Review Board shall operate consistent with the adopted By -Laws for the
Harnett County Board of Adjustment.
Section 7.3 Powers and Duties of the Communications Tower Review Board
The Communications Review Board shall have the following powers and duties:
A. Administrative Review - To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by the Ordinance Administrator in the enforcement
of this Ordinance.
B. Variances. The Communications Tower Review Board shall have the power to authorize, in
specific cases, minor variances from the terms of this Ordinance as will not be contrary to the
public interests where, owing to special condition, a literal interpretation of this Ordinance will
result in practical difficulties or unnecessary hardship, so that the spirit of this Ordinance shall be
observed, public safety and welfare secured, and substantial justice done. Such variances may be
granted in such individual case of unnecessary hardships only upon findings of the
Communications Tower Review Board after a public hearing that the following conditions exist:
a. There are extraordinary and exceptional conditions pertaining to the particular piece of
property in question because of its size, shape, or topography that are not applicable to
other lands or structures.
b. Granting the variance requested will not confer upon the applicant any special privileges
that are denied to other residents of the district in which the property is located.
c. A literal interpretation of the provisions of this Ordinance would deprive the applicant of
rights commonly enjoyed by other residents of the district in which the property is located.
d. The requested variance will be in harmony with the purpose and intent of this Ordinance
and will not be injurious to the neighborhood or to the general welfare.
e. The special circumstances are not the result of the actions of the applicant.
f The variance requested is the minimum variance that will make possible the legal use of
the land, building or structure.
Section 7.4 Enforcement
If the Ordinance Administrator shall find that any of the provisions of this Ordinance are being violated, it
shall notify in writing the person responsible for the violation, specifying the nature of the violation and what
corrective measures must be taken. The Ordinance Administrator shall order discontinuance of illegal use of
land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or
structural changes thereto; discontinuance of any illegal work being done; or shall take any other action
authorized by law to insure compliance with or to prevent violation of the provisions of this Ordinance.
Section 7.5 Fees
The Harnett County Board of Commissioners shall set a fee, payable to the Harnett County Planning
Department, to cover the necessary processing cost of all Communications Tower Permits. The set fee shall
be posted in the Planning Department.
Section 7.6 Filing and Notice of an Appeal
Appeals from the enforcement and interpretation of this Ordinance and requests for variances shall be filed with
the Ordinance Administrator specifying the grounds thereof. The Ordinance Administrator shall transmit to the
Telecommunications Tower Review Board all applications and records pertaining to such appeals and variances.
The Board shall fix a thirty (30) day period for the hearing of appeals, giving notice to all participants by first
class mail. An appeal stays all proceedings in furtherance of the action appealed from unless the Ordinance
Administrator certifies to the Board that by reason of facts stated in the record a stay would, in his opinion,
cause eminent peril to life and or property. In such a case proceedings shall not be stayed other than by an order
from the Harnett County Superior Court.
10
Section 7.7 Fees for Variances or Appeals
The County Board of Commissioners shall set a fee, payable to Harnett County, North Carolina, to cover the
necessary administrative costs and advertising of each application for a variance or appeal. The set fee shall be
posted in the County's Planning Department office.
Section 7.8 Penalties
Any person failing to take corrective action within a reasonable time after receiving written notice from the
Harnett County Planning Office and any person operating a Communications Tower without a valid permit
shall be guilty of a misdemeanor and may be punished by a fine not to exceed five- hundred dollars
($500.00) or imprisonment not to exceed thirty (30) days. Each day such violation shall be permitted to exist
shall constitute a separate offense.
Section 7.9 Amendment
The Harnett County Board of Commissioners may from time -to -time amend the terms of this Ordinance (but
no amendment shall become effective unless it shall have been proposed by or shall have been submitted to
the Planning Board for review and recommendation.) If the Planning Board fails to submit a report within
thirty (30) days of the public hearing by the Harnett County Board of Commissioners, the proposed
amendment shall be deemed to have recommended approval by the Planning Board.
No amendment shall be adopted by the governing body until they have held a public hearing on the
amendment. Notice of the hearing shall be published in a newspaper of general circulation in Harnett
County at least once a week for two (2) successive weeks prior to the hearing, the first publication being not
less than ten (10) days nor more than twenty -five (25) days before the date of the hearing. In computing the
ten (10) day, twenty -five (25) day period, the date of publication is not to be counted, but the date of the
hearing is to be counted.
Section 7.10 Conflicts
When the requirements of this Ordinance conflict with the requirements of other lawfully adopted rules,
regulations or ordinances of Harnett County or deeds restrictions imposed by the developer or subdivider, the
more stringent requirements shall govern.
Section 7 11 Adoption Certification
Duly adopted this q, K day of 'D.aetn, bar a000
Harnett County Board of Commissioners
Attest:
Kw., B,laM.ckard
Kay B nchard, Clerk to the Board
Lit 11r
NORTH CAROLINA,
HARNETT COUNTY
I, Elizabeth P. Covin a n, a Notary Public of the County and State aforesaid, certify that Teddy T.
Byrd personally came before me this day who being by me duly sworn, deposes and says: that
he is the Chairman of the Harnett County Board of Commissioners and Kay Blanchard is the
Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of
Harnett County, that said instrument was signed and sealed by him, attested by the said Clerk
and the County's seal affixed thereto, all by authority of the Board of Commissioners of said
County, and the said Teddy Byrd acknowledged said instrument to be the act and deed of
Harnett Count
This the day of I-LL. 20040.
R
Notary Public
My Commission expires: June 20. 2001
iii %kEIT Co K V* ,
'-RTH
KIMBERLY S. HARGROVE
REGISTER OF DEEDS, HARNETT
COURTHOUSE
P.O. BOX 279
LILLINGTON, NC 27546
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Filed For Registration:
Book:
Document No.:
Recorder:
12113/2000 01:47:34 PM
RE 1455 Page: 528 -540
2000018058
ORDINANCE 13 PGS $30.00
ELMIRA MCLEAN
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State of North Carolina, County of Harnett
The foregoing certificate of ELIZABETH P. COVINGTON Notary is certified to be correct. This 13TH of
December 2000
KIMBERLY S. HARGROVE , REGISTER OF DEEDS By: ��✓
eput /Assistant Register of Deeds
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*2000018058*
2000018058