opportunity to move its own facilities prior to cutting or removing a facility and shall notify the facility owner after cutting or removing a small wireless facility.
iii. Abandonment. The Town shall require removal of an abandoned small wireless facility within 180 days of abandonment. Should the facility owner fail to timely remove the abandoned small wireless facility, the Town may cause such small wireless facility to be removed and may recover the actual cost of such removal from the facility owner. A small wireless facility shall be deemed abandoned at the date the owner indicates in any way that it is abandoning such facility or 180 days after the date said small wireless facility ceases to be used, whichever comes first, unless the owner gives the Town reasonable evidence that it is diligently working to place such wireless facility back in service. P. Annual Right-of-Way Rates. The Town may only charge a small wireless facility owner for the use of a right-of-way to construct, collocate, install, mount, maintain, modify, operate or replace a utility pole, wireless facility or wireless support structure if the Town charges other communications service providers or publicly, cooperatively or municipally owned utilities for similar uses of the right-of-way, to the extent allowed under N.C. Gen. Stat. §160A-296. Charges authorized by this Section shall meet all of the following requirements:
i. The right-of-way charge shall not exceed the direct and actual cost of managing the right-of- way and shall not be based on the owner’s revenue or customer counts;
ii. The right-of-way charge shall not exceed that imposed on the other users of the right-of-way, including investor, Town or cooperatively owned entities; and
iii. The right-of-way charge shall not be unreasonable, discriminatory or violate any applicable law .
(3)
Telecommunication Facilities & Services .
A. Telecommunication Facilities . Uses shall be permitted and placed in accordance with factors which include the type and height of the facility, size of the property on which the facility is located, the zoning district in which the facility is located, whether the facility is accessory or primary.
i. A Special Use Permit is required for operation in the Residential Agricultural (RA), Residential Low Density (RLD), Residential Medium Density (RMD), Residential High Density (RHD), Planned Unit Development (PUD),
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