Orange County NC Website
005 <br /> Article 8.2. 2 states that where a preponderance of evidence indicates <br /> compliance with the general standards, specific rules governing the <br /> specific use, and that the use complies with all required regulations <br /> and standards, the application must be approved unless it is found, in <br /> some specific manner, that: <br /> 1 . The use will not promote the public health, safety and general <br /> welfare if located where proposed and developed and operated <br /> according to the plan as submitted ; <br /> 2. The use will not maintain or enhance the value of contiguous <br /> property; <br /> 3. The use is not in compliance with the general plans for the <br /> physical development of the county as embodied in these <br /> regulations or in the Comprehensive Plan, or portion thereof , <br /> adopted by the Orange County Board of Commissioners. <br /> The burden of proving one or more of the above findings is on those <br /> opposing the application. The proof must also be in the form of <br /> competent material and substantial evidence. <br /> No information has been received which would establish grounds for <br /> making one or more of the above findings. <br /> The Planning Staff has reviewed the application, the site plan and all <br /> supporting documentation and has found that the applicant does comply <br /> with the general standards, specific rules, and required regulations <br /> with the exception of <br /> The Planning Staff recommends approval of the amendment of the zoning <br /> district designation from RB to PD-H-RB and the issuance of a Class A <br /> Special Use Permit with the attachment of the following conditions: <br /> 1 . The grantee of this Special Use Permit shall post with Orange <br /> County, in a form acceptable to the County Attorney, a bond or <br /> letter of credit in an amount equal to the cost of all <br /> improvements plus 10% . The amount shall be determined on the <br /> basis of fully executed construction contracts or certification by <br /> a registered engineer employed by the grantee of this Special Use <br /> Permit. As improvements are completed a corresponding amount of <br /> money may be released from the security instruments or the <br /> security instruments may be renegotiated based on the "yet to do" <br /> portion of the improvements. <br /> 2. Prior to the initiation of construction activity, final approval <br /> by the State must be obtained for the community low pressure <br /> wastewater disposal facility. A copy of the permit must be <br /> provided to the Orange County Planning Department. <br /> 3. A 30-foot access and utility easement shall be provided from the <br /> the right-of-way of McLennan ' s Farm Road to the nitrification <br /> field for monitoring and maintenance purposes. <br /> 4. A fence shall be provided around the nitrification field and <br />