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May 17, 2004 Page 460
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<br />and subsequent Certificates of Occupancy, once a Conditional Use Permit
<br />has been granted hereunder, no additional permits or approvals from the
<br />County, such as site plan or zoning approvals, shall be required by the
<br />County for the Wireless Telecommunications Facilities covered by the
<br />Conditional Use Permit
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<br />E) If the County denies the Conditional Use Permit for Wireless
<br /> Telecommunications Facilities, then the Applicant shall be notified of
<br /> such denial in writing within ten (10) calendar days of the County's
<br /> action.
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<br />Section 18. Recertification of a Conditional Use Permit for Wireless
<br />Telecommunications Facilities.
<br /> A) Between twelve (12) months and six (6) months prior to the five (5)
<br /> year anniversary date after the effect date of the Conditional Use
<br /> Permit and all subsequent five year anniversaries of the effective date
<br /> of the original Conditional Use Permit for Wireless Telecommunications
<br /> Facilities, the holder of a Conditional Use Permit for such Wireless
<br /> Telecommunication Facilities shall submit a signed written request to
<br /> the County for recertification. In the written request for
<br /> recertification, the holder of such Conditional Use Permit shall note
<br /> the following:
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<br />B) If,
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<br /> 1) The name of the holder of the Conditional Use Permit for the
<br /> Wireless Telecommunications Facilities;
<br /> 2) If applicable, the number or title of the Conditional Use Permit;
<br /> 3) The date of the original granting of the Conditional Use Permit;
<br /> 4) Whether the Wireless Telecommunications Facilities have been
<br /> moved, re-located, rebuilt, or otherwise visibly modified since
<br /> the issuance of the Conditional Use Permit and if so, in what
<br /> manner;
<br /> 5) If the Wireless Telecommunications Facilities have been moved,
<br /> re-located, rebuilt, , or otherwise visibly modified, then
<br /> whether the County approved such action, and under what terms and
<br /> conditions, and whether those terms and conditions were complied
<br /> with;
<br /> 6) That the Wireless Telecommunications Facilities are in compliance
<br /> with the Conditional Use Permit and compliance with all
<br /> applicable codes, Laws, rules and regulations;
<br /> 7) Re-certification that the Tower and attachments both are designed
<br /> and constructed and continue to meet all local, County, State and
<br /> Federal structural requirements for loads, including wind and ice
<br /> loads. Such recertification shall be by a Professional Engineer
<br /> licensed in the State, the cost of which shall be borne by the
<br /> Applicant.
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<br /> after such review, the County determines that the permitted
<br /> Wireless Telecommunications Facilities are in compliance with the
<br /> Conditional Use Permit and all applicable statutes, laws, local laws,
<br /> ordinances, codes, rules and regulations, then the County shall issue a
<br /> recertification of the Conditional Use Permit for the Wireless
<br /> Telecommunications Facilities, which may include any new provisions or
<br /> conditions that are mutually agreed upon, or that are required by
<br /> applicable statutes, laws, ordinances, codes, rules or regulations.
<br /> If, after such review it is determined that the permitted Wireless
<br /> Telecommunications Facilities are not in compliance with the
<br /> Conditional Use Permit and all applicable statutes, laws, ordinances,
<br /> codes, rules and regulations, then the County may refuse to issue a
<br /> recertification Conditional Use Permit for the Wireless
<br /> Telecommunications Facilities, and in such event, such Wireless
<br /> Telecommunications Facilities shall not be used after the date that the
<br /> Applicant receives written notice of the decision by the County until
<br /> such time as the Facility is brought into compliance. Any decision
<br /> requiring the cessation of use of the Facility or imposing a penalty
<br /> shall be in writing and supported by substantial evidence contained in
<br /> a written record and shall be promptly provided to the owner of the
<br /> Facility.
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<br />C) If the Applicant has submitted all of the information requested and
<br /> required by this Ordinance, and if the review is not completed, as
<br /> noted in subsection (B) of this section, prior to the five (5) year
<br /> anniversary date of the Conditional Use Permit, or subsequent five year
<br /> anniversaries, then the Applicant for the permitted Wireless
<br /> Telecommunications Facilities shall receive an extension of the
<br /> Conditional Use Permit for up to six (6) months, in order for the
<br /> completion of the review.
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