Orange County NC Website
Approved 4/22/2014 <br /> <br />OC Board of Adjustment – 11/11/2013 Page 116 of 123 <br />10. Any proposed co-location of antenna on this tower shall be reviewed, acted upon, and 1 <br />installed in accordance with the provisions of the UDO. 2 <br />11. A co-location site shall be offered to the County for the placement of antenna in support of 3 <br />local emergency communication needs. 4 <br />12. The applicant shall submit all necessary bonding/financial security documents to the 5 <br />County Attorney’s office for review and approval guaranteeing the removal of the tower in 6 <br />the event it is abandoned or unused for a period of 12 months. A cost estimate shall be 7 <br />provided by a qualified contractor. The amount of the security shall be 110 percent of the 8 <br />estimate. This must be completed before building permits are issued. 9 <br />13. Telecommunication tower owners shall submit a report to the County Inspections Division 10 <br />certifying structural and electrical integrity upon completion of the initial construction and at 11 <br />intervals as specified within the UDO. 12 <br />14. Inspection records shall be kept by the tower owner and made available upon request to 13 <br />the County Inspections Division during regular business hours. Inspections shall be 14 <br />performed as specified within the UDO. 15 <br />15. In those cases where an inspection is required, which is not performed by Orange County 16 <br />Inspections, the applicant is required to notify the Planning Department and any applicable 17 <br />County telecommunication consultant of the inspection and its results. 18 <br />16. Nothing associated with the approval, development or use of the property in support of the 19 <br />proposed telecommunication facilities shall be construed as impacting the use of the 20 <br />property for bona-fide farm purposes. Expansion of farming activities shall not constitute a 21 <br />modification of the special use permit as detailed within the UDO requiring a re-review of 22 <br />the project by the Board of Adjustment. 23 <br />17. The County’s telecommunications consultant shall issue a final Certificate of Completion 24 <br />upon the completion of a final inspection of the constructed telecommunication facilities. 25 <br />Commercial service cannot be provided/initiated until this final Certificate is completed and 26 <br />issued. 27 <br />18. The Special Use Permit will automatically expire within 12 months from the date of 28 <br />approval if the use has not commenced or construction has not commenced or proceeded 29 <br />unless a timely application for extension of this time limit is approved by the Board of 30 <br />Adjustment. 31 <br />19. If any condition of this Special Use Permit shall be held invalid or void, then this Special 32 <br />Use Permit shall be void in its entirety and of no effect. 33 <br /> 34 <br />MOTION made by David Blankfard to approve the Special Use Permit with the recommendations #1-19 35 <br />presented by staff. Seconded by Jeff Schmitt. 36 <br />VOTE: Unanimous 37 <br /> 38 <br />CONTINUATION OF BUCK APPEAL – A-3-13 39 <br />Larry Wright: I would like to reconvene our closed session on Agenda item A-3-13, the appeal of a decision 40 <br />made by the zoning officer submitted by Mr. Buck. You were going to give us counsel (to David Rooks). I was 41 <br />going to offer a method of reaching a resolution in the sense of framing the question for making this decision. 42 <br /> 43 <br />David Rooks: My suggestion is that you frame it in terms of three questions as if you were doing an appeal as to 44 <br />what this really is. The first would be and I am assuming that Mr. Davis was the development officer when he 45 <br />signed this plat. Question number 1, did the development officer err in failing to apply the subdivision ordinance 46 <br />recreation space requirements in effect on March 31, 1998 in the decision to approve the Phase IV Churton 47