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Cabarrus County Zoning Ordinance Chapter 8- Conditional Uses appropriate. Good faith effort shall include sharing technical information necessary to determine if co- location is feasible under the design configuration most accommodating to co- location, and may include negotiations for erection of a replacement support structure to accommodate co- location. A competitive conflict to co- location or financial burden caused by sharing such information normally will not be considered as an exception to the duty of good faith. b. THIRD PARTY TECHNICAL REVIEW- In the event a dispute arises as to whether Applicant PeFn9i4ee - has exercised good faith in accommodating other users, the Administrator may require the applicant to obtain a third party technical study at the Applicant's expense. The Administrator may review any information submitted by the Applicant in determining whether good faith has been exercised. c. EXCEPTIONS- No co- location may be required where the shared use would or does result in significant interference with the broadcast or reception capabilities of the existing wireless communication facilities or the failure of the facilities to meet federal standards for emissions. d. VIOLATION, PENALTY- Failure to comply with co- location requirements may result in denial of a permit request or revocation of an existing permit. Section 11 Removal of Abandoned Antennas and Towers Any antenna or tower that is not operated for a continuous period of one (1) year shall be considered abandoned, and the owner of such facility shall remove the antenna or tower within ninety (90) days of receipt of notice from the Board of Adjustment notifying the owner of such abandonment. If there are two or more users of a single tower or antenna, then this provision shall not become effective until all users cease using the tower or antenna for the prescribed period. "Physically remove" shall include, but not be limited to: 1. Removal of antennas, mount, equipment shelters and security barriers from the subject property. 2. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. 3. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain in the after condition. A performance bond shall be set for 1.25 times the estimated cost of removal of all towers, antennas, and accessory equipment structures that are approved. The performance bond shall be filed prior to issuance of a zoning clearance. This amount will be determined by a removal company and certified by a North Carolina licensed engineer. For every year following approval, the bond shall increase by an inflation factor based upon the Consumer Price Index (CPI) Index. Section 12 Non - Conforming Uses a. NO EXPANSION OF NONCONFORMING USE- Towers that are constructed and antennas that are installed, in accordance with the provisions of this chapter, shall not be deemed to constitute the expansion of a nonconforming use or structure. b. PREEXISTING TOWERS - PFeexisting Towers constructed prior to the adoption of this Ordinance shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this Chapter. Chapter 8 Page 33 of 35 Attachment number 5 G -1 Page 267