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Agenda - 11-25-2013 - C2
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Agenda - 11-25-2013 - C2
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6/16/2015 3:12:50 PM
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BOCC
Date
11/25/2013
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C.2
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Minutes 11-25-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
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Article 5: Uses <br /> 82 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 <br /> Section and utilize the bond. <br /> 5.11.1 Sollection Facilities Owned and Operated by A Public Agenc r the Purpose <br /> of Waste by Orange County Residents <br /> (A) General Sta rds <br /> (1) The site shal sist of a parcel, or ea s ent across a parcel, (whether owned <br /> or leased by the pu agency)w ' has been recorded by the Orange County <br /> Register of Deeds. <br /> (2) The parcel or ease across th rcel, (whether owned or leased by the <br /> public agency which the facility is lo 7,,d shall contain a minimum area of <br /> 40,000s re feet. <br /> (3) parcel or easement shall have frontage on a State intained road. <br /> A Type B landscape buffer, 30' in width, shall be provided along perimeter of <br /> the parcel or easement. <br /> Orange County, North Carolina—Unified Development Ordinance Page 5-102 <br />
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