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Article 5: Uses 189 <br /> Section 5.11: Standards for Waste Management Facilities <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 the <br /> holder of the Special Use Permit for the facility within 48 hours that said facility shall be <br /> 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 physical <br /> or commercial impracticability, within 90 days of receipt of written notice from the County. <br /> However, if the owner of the property upon which the facility are located wishes to retain <br /> 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 of <br /> 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 may <br /> 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 /> 5.10.10 Ham Radio Antenna 194 <br /> (A) Standards of Evaluation <br /> (1) Shall be for the private use of the property owner on which they are located. <br /> (2) Shall not exceed 90 ft. in height.195 <br /> (3) Minimum setbacks from the base of the antenna to the property boundary shall <br /> be equal to 110% of the tower height. <br /> STANDARDS - WASTE MANAGEMENT FACILITIES <br /> 5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose <br /> of Disposal of Household Waste by Orange County Residents <br /> (A) General StandardsStandards of Evaluation <br /> (1) The site shall consist of a parcel, or easement across a parcel, (whether owned <br /> or leased by the public agency) which has been recorded by the Orange County <br /> Register of Deeds. <br /> 194 As indicated herein there was a 2007 State law requiring local government to allow for reasonable access to <br /> personal ham radio antenna. Staff is proposing to modify the UDO to ensure this allowance is provided for. <br /> 19S 90 ft.of allowable height is specifically referenced in the State law. Staff is again incorporating the specific <br /> allowance with the UDO as part of this amendment package. <br /> 196 Setback standards are the same for a telecommunication facility(i.e.cell tower). <br /> Orange County, North Carolina—Unified Development Ordinance Page 5-135 <br />