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ARTICLE G
Wireless Telecommunications Facilities
Wireless Telecommunications Facilities
1. The Telecommunications Act of 1996 affirmed the City of Claremont’s authority concerning the placement, construction and modification of wireless telecommunications facilities. North Carolina General Statutes governing the regulation of wireless telecommunication facilities, Chapter 160D, Article 9, Part 3, provide for the safe and efficient integration of facilities necessary for the provision of advanced wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless services to the public, government agencies and first responders, with the intention of furthering the public safety and general welfare.
2. The City of Claremont finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character and environment of the city and its inhabitants. The city also recognizes that facilitating the development of wireless service technology can be an economic development asset to the city and of significant benefit to the city and its residents. In order to assure that the placement, construction or modification of wireless telecommunications facilities is consistent with the city’s land use policies, the city is adopting a single, comprehensive, wireless telecommunications facilities application and permitting process. The intent of this article is to minimize the physical impact of wireless telecommunications facilities on the community, protect the character of the community to the extent reasonably possible, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the City of Claremont. (Ord. of 3/1/10; Ord. of 6-21-21, No. 41-21)
1. If any word, phrase, sentence, part, section, subsection, or other portion of this article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.
2. Any special use permit issued pursuant to this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the city. (Ord. of 3/1/10; Ord. of 6-21-21, No. 41-21)
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