(a) The recipient of a Zoning permit allowing a mobile service support structure and facility under this section, or the current owner or operator, shall notify the Department within forty-five (45) days of the date when the mobile service facility is no longer in operation.

(b) Abandonment. Any antenna, mobile service facility, or mobile service support structure that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Upon application, the Planning, Development and Extension Education Committee may extend the time limit to abandon once for an additional twelve-month period. Such extension shall be based on the finding that the owner or zoning permit holder is actively seeking tenants for the site.

If abandonment is determined to have occurred, the owner of such antenna, mobile service facility or mobile service support structure shall remove said antenna, mobile service facility or mobile service support structure, including all supporting equipment, building(s) and foundations to the depth as otherwise herein required within ninety (90) days of receipt of notice from the Department notifying the owner of such abandonment. If removal to the satisfaction of the Department does not occur within said ninety (90) days, the Director of Planning Operations may order removal utilizing the established bond or letter of credit discussed below. If there are two or more users of a single tower, abandonment shall not be determined to have occurred until all operation of the tower ceases by all users.

(c) Removal. It is the express policy of Kenosha County and this ordinance that mobile service support structures be removed once they are no longer in use and not a functional part of providing mobile service and that it is the mobile service support structure owner’s responsibility to remove such mobile service support structures and restore the site to its original condition or a condition approved by the Department. After a mobile service support structure is no longer being used for mobile service that is in operation, the mobile service support structure owner shall have ninety (90) days to effect removal and restoration unless weather prohibits such efforts. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the mobile service support structure down to 5 feet below the surface. The owner shall record a document with the Kenosha County Register of Deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure.

(d) Security for Removal. Before the issuance of any zoning permit, a performance bond or letter of credit shall be provided to Kenosha County to guarantee that a structure that has ceased being used for mobile services facilities is removed. The bond amount shall be the lesser of twenty thousand ($20,000) or an amount based on a written estimate of a person qualified to remove such structures. Kenosha County will be named as the recipient of the bond or letter of credit and Kenosha County is entitled to approve the bonding company. If necessary, Kenosha County may require an increase in the bond amount after five (5) year intervals to reflect increases in the Consumer Price Index, but at no point shall the bond amount exceed Twenty Thousand Dollars ($20,000). [Code § 12.18.1-6.]