ORC agenda 100213 - Laserfiche WebLink

Browse Search

Article 5: Uses Section 5.10: Standards for Telecommunication Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-102 wireless facilities and support structures. The foregoing does not prohibit the County from imposing additional reasonable cost-based fees for the actual costs incurred by the County for a consultant's review of an application due to amendments or revisions to the original application. The amount of the consultant charges incorporated into the application fee shall be separately identified and disclosed to the applicant upon request. A partial escrow payment of $1,000 shall be submitted at the pre-application meeting to cover associated consulting fees incurred prior to the formal submittal of an application. The escrow amount required at the formal application submittal shall be reduced by the $1,000 partial payment amount. 5Any unused funds in the account after either the approval of the Certificate of Occupancy (CO), or the expiration of the Special Use Permit approval, whichever is sooner, shall be returned to the designated party. 5.10.9 Removal of Wireless Support Structures and Facilities (A) The owner of any facility shall be required to provide a minimum of 30 days written notice to the County Clerk prior to abandoning any facility. (B) County Determination Under the following circumstances, the County may determine that the health, safety, and welfare interests of the County warrant and require facility removal: (1) Facilities that have been abandoned (i.e. not used as facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365 day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days of abandonment; (2) Permitted facilities fall into such a state of disrepair that it creates a health or safety hazard; (3) Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Special Use Permit, or any other necessary authorization and the Special Use Permit may be revoked. (C) If the County makes such a determination as noted above, then the County shall notify the holder of the Special Use Permit for the facility within 48 hours that said facility shall be removed. (D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and remove such facility, and all associated structures, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the County. However, if the owner of the property upon which the facility are located wishes to retain any access to the facility, the owner may do so with the approval of the County. (E) If a facility is not removed or substantial progress has not been made to remove the facilities within 90 days after the permit holder has received notice, then the County may order officials or representatives of the County to remove the facility at the sole expense of the owner or Special Use Permit holder. (F) If the County removes, or causes to be removed a facility, and the facility owner does not claim and remove it from the site to a lawful location within ten days, then the County may take steps to declare the facility abandoned, and sell them and their components. (G) Temporary Use Permit/Agreement 5 Staff is deleting references to the payment of fees. The breakdown of fees required for the review of a project is best handled on the adopted fee schedule and not within the actual Ordinance. We need to rely on the adopted fee schedule to identify all required fees and not continue to have references to specific dollar amounts within the Ordinance. 41