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Agenda - 10-03-2022; 5-a - Unified Development Ordinance (UDO) Text Amendments – Erosion & Sedimentation Control (E&SC) and Stormwater Management
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Agenda - 10-03-2022; 5-a - Unified Development Ordinance (UDO) Text Amendments – Erosion & Sedimentation Control (E&SC) and Stormwater Management
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9/29/2022 3:43:22 PM
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10/3/2022
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Agenda
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5-a
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Agenda for October 3, 2022 BOCC Meeting
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Article 5: Us" <br /> Section 5.10:Standards for Telecommunication Facilities <br /> expense, be jointly requir4ad to execute and file with the County a <br /> Performance Guarantee <br /> q wr€ti s as are <br /> deorped suffiGiept by the Goupty-1c ensuring€ the faithful performance of <br /> the terms and conditions of this Section Section(s) 2.27 and 6.22 of this <br /> and apf- conditions of any Special Use Permit or <br /> Conditional District approval® ed P61PSW@At +„ this 2_Qgti„n 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 ho-Ad or sec_,, Performance Guarantee shall <br /> remain in full force and effect throughout the term of the Special Use <br /> Permit or Conditional District approval and/or until any necessary site <br /> restoration is completed to restore the site to a condition comparable to <br /> that, which existed prior to the issuance of the original Special Use Permit <br /> or Conditional District approval.130 <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 /> Iso Michael Harveyedits: NOTE TO JAMES BRYAN: my readingofthe new Statute indicates this is,ultimately,a <br /> performance guarantee that needs to be treated likeall other performance guarantees. Thoughts? <br /> Orange County, North Carolina— Unified Development Ordinance Page 5-86 <br />
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