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Planning Board - 080421 ORC Agenda Packet
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Planning Board - 080421 ORC Agenda Packet
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8/4/2021
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Article 5: Uses 45 <br /> Section 5.10: Standards for Telecommunication Facilities <br /> expense, be GiRtly required tG execute and file with the County a <br /> performance guarantee hGRd er ether f,,Fm of s rity aGGeptable to the <br /> County as to type Of SeGUrity and the feFm and MaRneF ef eXeGUtiGR <br /> ameuRt ef at least $7-5,000.00 fGr a toweF and with such sureties as are <br /> deemed SUffiGieRt by the GGURty to ensurin�ce the faithful performance of <br /> the terms and conditions of this Section, Section(s) 2.27 and 6.22 of this <br /> Ordinance, and applicable conditions of any Special Use Permit or <br /> Conditional District approval issued pursuant to this Section This <br /> guarantee shall include costs for the removal of a telecommunication <br /> support structure that has ceased being used consistent with Section <br /> 5.10.9 of this Ordinance. <br /> (b) The full amount of the bE)Rd OF SGGUrityqqgrantee shall remain in full force <br /> and effect throughout the term of the Special Use Permit or Conditional <br /> District approval and/or until any necessary site restoration is completed <br /> to restore the site to a condition comparable to that, which existed prior to <br /> the issuance of the original Special Use Permit or Conditional District <br /> approval.as <br /> (6) Liability Insurance <br /> (a) A holder of a Special Use Permit or Conditional District approval for a <br /> wireless support structure shall secure and at all times maintain public <br /> liability insurance for personal injuries, death and property damage, and <br /> umbrella insurance coverage, for the duration of the Special Use Permit <br /> or Conditional District approval in the following amounts: <br /> (i) Commercial General Liability covering personal injuries, death <br /> and property damage: $1,000,000 per occurrence/$2,000,000 <br /> aggregate; and <br /> (ii) Automobile Coverage: $1,000,000.00 per occurrence/ <br /> $2,000,000 aggregate; and <br /> (iii) A$3,000,000 Umbrella coverage; and <br /> (iv) Workers Compensation and Disability: Statutory amounts. <br /> (b) For a wireless support structure on County property, the Commercial <br /> General Liability insurance policy shall specifically name the County as <br /> an additional insured. The insurance policies shall be issued by an <br /> agent or representative of an insurance company licensed to do <br /> business in the State and with a Best's rating of at least A. <br /> (c) The insurance policies shall contain an endorsement obligating the <br /> insurance company to furnish the County with at least 30 days prior <br /> written notice in advance of the cancellation of the insurance. <br /> (d) Renewal or replacement policies or certificates shall be delivered to the <br /> County at least 15 days before the expiration of the insurance that such <br /> policies are to renew or replace. <br /> (e) Before construction of a permitted facility is initiated, but in no case later <br /> than 15 days prior to the grant of the building permit, the holder of the <br /> Special Use Permit or Conditional District approval shall deliver to the <br /> County a copy of each of the policies or certificates representing the <br /> insurance in the required amounts. A Certificate of Insurance that states <br /> that it is for informational purposes only and does not confer rights upon <br /> the County shall not be deemed to comply with this Section. <br /> 88 NOTE TO JAMES BRYAN: my reading of the new Statute indicates this is, ultimately,a performance guarantee <br /> that needs to be treated like all other performance guarantees. Thoughts? <br /> Orange County, North Carolina—Unified Development Ordinance Page 5-86 <br />
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