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Article 5: Uses <br />Section 5 11 Standards for Waste Management Facilities <br />(1) Facilities that have been abandoned (i.e. not used as facilities) for a period <br />exceeding 90 consecutive days or a total of 180 days in any 365 day period, <br />except for periods caused by force majeure or Acts of God, in which case, repair <br />or removal shall commence within 90 days of abandonment; <br />(2) Permitted facilities fall into such a state of disrepair that it creates a health or <br />safety hazard; <br />(3) Facilities have been located, constructed, or modified without first obtaining, or in <br />a manner not authorized by, the required Special Use Permit, or any other <br />necessary authorization and the Special Use Permit may be revoked. <br />(C) If the County makes such a determination as noted above, then the County shall notify <br />the holder of the Special Use Permit for the facility within 48 hours that said facility shall <br />be removed. <br />(D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and <br />remove such facility, and all associated structures, from the site and restore the site to as <br />close to its original condition as is possible, such restoration being limited only by <br />physical or commercial impracticability, within 90 days of receipt of written notice from the <br />County. However, if the owner of the property upon which the facility are located wishes <br />to retain any access to the facility, the owner may do so with the approval of the County. <br />(E) If a facility is not removed or substantial progress has not been made to remove the <br />facilities within 90 days after the permit holder has received notice, then the County may <br />order officials or representatives of the County to remove the facility at the sole expense <br />of the owner or Special Use Permit holder. <br />(F) If the County removes, or causes to be removed a facility, and the facility owner does not <br />claim and remove it from the site to a lawful location within ten days, then the County <br />may take steps to declare the facility abandoned, and sell them and their components. <br />(G) Temporary Use Permit/Agreement <br />(1) Notwithstanding anything in this Section to the contrary, the County may approve <br />a temporary use permit /agreement for the facility, for no more than 90 days, <br />during which time the holder of the Special Use Permit shall develop a suitable <br />plan for facility removal, conversion, or re- location, subject to the approval of the <br />County, and the holder of the Special Use Permit and the County shall execute <br />an agreement to such plan. <br />(2) If such a plan is not developed, approved and executed within the 90 day time <br />period, then the County may take possession of and dispose of the affected <br />facility in the manner provided in this Section and utilize the bond. <br />5.11.1 Solid to Collection Facilities Owned and Operated by A Public Agenc r the Purpose <br />of Disposa ousehold Waste by Orange County Residents <br />(A) General <br />(1) The site shall co t of a parcel, or ea ent across a parcel, (whether owned <br />or leased by the public ncy) w has been recorded by the Orange County <br />Register of Deeds. <br />(2) The parcel or ease t across the pa (whether owned or leased by the <br />public agenc which the facility is locate II contain a minimum area of <br />40,000 are feet. <br />(3) a parcel or easement shall have frontage on a State main ' ed road. <br />A Type B landscape buffer, 30' in width, shall be provided along the p ' eter of <br />the parcel or easement. <br />Orange County, North Carolina — Unified Development Ordinance Page 5 -102 <br />