§ 11-311. Maintenance of towers and facilities.

By making an application hereunder, applicant agrees to regularly maintain and keep in a reasonably safe and workmanlike manner all towers, antenna arrays, fences and outbuildings owned by applicant which are located in the County. Applicant further agrees to conduct inspections of all such facilities not less frequently than every twelve (12) months. Applicant agrees that said inspections shall be conducted by one (1) or more designated persons holding a combination of education and experience so that they are reasonably capable of identifying functional problems with the facilities.

The staff of the Planning Board may request in writing from the applicant documentation regarding such inspections and maintenance activities at any such facilities. Such requests by staff for documentation shall not be made more than three (3) times per year on any given tower. Applicant agrees to provide the documentation within thirty (30) days after the mailing of any such request from the staff. Said documentation shall be in the form of a sworn statement and shall include but need not be limited to the following items, unless the staff specifically indicates that one (1) or more of the following items need not be provided:

(1)

The estimated date on which the tower was originally constructed and the estimated date of all modifications thereto.

(2)

Verification of safe and appropriate grounding and electrical connections as per the version of the National Electrical Code in effect at the last modification or addition to the electrical system.

(3)

Structural design certification by the tower manufacturer regarding the facility's capability to withstand a combination of one-half (½) inch accumulation of ice and seventy (70) mile per hour winds.

(4)

A statement that all antenna arrays on such tower have been attached and maintained in accordance with the specifications of the manufacturer, if any.

(5)

For a guyed tower, a statement that all guy wires are being properly maintained so that structural integrity of the tower is not compromised.

(6)

For any lattice tower, a statement that all welds and other joints are being properly maintained so that they do not show signs of wear which would make the tower unsafe.

(7)

For lighted towers, verification of payment of the most recent applicable electric bill or other evidence that the facility remains functional and the safety signals are in working order.

(8)

For unlit towers, a statement by the owner verifying the continued use or need for the structure.

(9)

For structures which are painted for cosmetic reasons, proof that the tower has been painted within the last five (5) years, or proof satisfactory to the staff that the exterior does not currently need painting.

If any such information is not submitted within thirty (30) days after the first notice, the staff shall send a second written notice requesting the documentation within fifteen (15) days from the date of the second mailing. If the staff does not receive the requested information by the end of normal business on the 15th day from the date on which the second notice was mailed, the staff shall place the issue of whether the tower has been abandoned on the agenda at the next regularly scheduled County Planning Board meeting.

At that meeting, the Planning Board shall determine whether the subject tower has been abandoned. If the owner/operator fails to respond or appear before the Board, or fails to present evidence regarding the above described items, the Planning Board shall make a determination of abandonment and forward said finding to the Quorum Court for action.

The Quorum Court, at its next regularly scheduled meeting, shall consider the determination of abandonment forwarded by the Planning Board, along with any subsequent submittals by the owner/operator of the tower. The owner/operator may submit a remedial action plan which may call for the owner/operator to be given a reasonable time, not to exceed three (3) months, to implement a plan to restore the facility to safe operations. The Quorum Court may adopt such plan or any substitute plan deemed by the Court to be reasonable. If at any time, the Court finds that the tower in question has been abandoned, the Court shall instruct the County Judge to have the tower removed at the owner's expense. Any salvage value derived from the removed structures shall be applied to the costs of removal, if not paid by the owner.

(Ord. No. 99-34, Art. 16, 7-8-99, Ord. No. 99-47, Arts. 1, 2, 11-12-99)