§ 5A-152. Site leasing.

(a)

The County may enter into leases for appropriate sites, antenna space on towers and other supporting structures, and accessory buildings on County property with telecommunications providers and radio users. Such leases shall contain reasonable provisions protecting the interests of the County. Such leases for telecommunications transmission facilities shall comply with the provisions of Section 5A-165. To the extent that this Division conflicts with Section 2-111.01, this Division prevails.

(b)

A lessee pursuant to the provisions of this Division shall be responsible for obtaining, in a timely manner at its own expense, any required approvals for any antenna or antenna structure from the Federal Aviation Administration or the Federal Communications Commission, or the successors of either; any required zoning from the County; and any building and electrical permits and inspection from the County. On any antenna structure which is not occupied by a County-owned antenna already subject to the tower registration, lighting, and aeronautical painting requirements of the FAA or FCC, or the successors of either, the lessee shall be financially responsible for the tower registration, lighting, and aeronautical painting requirements applicable to its antenna and/or supporting structure.

(c)

Any lessee under a lease from the County for an antenna site that is in force on the effective date of this ordinance may continue to occupy such antenna site to the conclusion of the initial term of the lease but not any renewal or extension thereof, in accordance with the terms of such lease, provided, however, that such lessee may elect at any time to apply for a superseding lease under this ordinance.

(d)

A lessee pursuant to this Division may enter into sublease agreements with other telecommunications providers to co-locate telecommunications facilities on the lessee's site, provided that each sublease includes provisions, in a form acceptable to the County regarding liability and the payment of compensation, determined in accordance with Section 5A-165, from such sublessees. Any sublease granted by the lessee shall be expressly conditioned upon the continued existence of such a separate agreement with the County.

(CB-98-1998; CB-67-2008)