AN ORDINANCE WIRELESSREGULATING COMMUNICATIONFACILITIES

AlamanceCounty,NC

AmendedFebruary18, 2013

Sectiont Title,

This ordinance shall be known and cited as the "Alamance WirelessCounty CommunicationFacilitiesOrdinance" referred(hereinafter to as "Ordinance").

Section2, Purpose,

The purpose of this ordinance is to establish standardsfor the location, permitting,and appearanceof wireless telecommunication located within Alamance County'sfacilities on property ordinance-makingjurisdiction.These standards are necessary in order to provide for orderly developmentand to ensure the protection of the public health, welfare, and safety of the citizens of AlamanceCounty.

Section3. Authority and Enactment.

The Board of Commissioners pursuant grantedof the County of Alamance, to the authority by the General Assemblyof the State of North Carolina in General StatutesChapter153A, Section 121, hereby ordainsand enacts into law these articles and sections.

Section4. Jurisdiction.

This ordinance governs of and development for wireless the location standards communicationfacilitieson property that falls within Alamance County'sordinance-making jurisdiction.

Section5. Definitions.

(a) Antennaarray. One or more rods, panels, discs,or similar devicesused for the transmission of radio frequency which may or reception signals, includeherein-directional (rod), directional (panel),antenna antenna and parabolic antenna(disc). This does not include the support structure.

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(b) Attachedwireless facility. An antenna to an communication array that is attached existingstructure.Thesestructuresinclude,but are not limited to, utility poles, signs, water towers, rooftops, equipmentfacilities,and towerswith any accompanying which attaches pole or device the antennaarray to the existing building or structure and associated connectioncables.

(c) Collocation.Use of a wireless facilityor site by more than one wireless communication communication holderor by one wireless licenselicense communication holderfor more than one type of communications and/ortechnology placementof an antenna arrayon a structure owned and operated by a utility or public entity.

(d) Discontinued.A voluntary or involuntary cessationof the original permitted use.

(e) Equipment facility. Any structure used to contain ancillaryequipmentfor a wireless communicationfacility.

(D Fall zone. The radius around the base of the tower or attached wireless communication of the tower. This facility that is equal to the height is the area in which a collapsing toweror facility should fall.

(g) Freestanding wirelesscommunication communicationtower. A wireless tower that is not attached to any existing building or structure, such as a utility pole, water tower, equipment facility, rooftop, or wall.

(h) Height. The distance measuredfrom the ground to the highest point on the wireless communicationfacility.

(i) Setback. The required distancefrom the property line of the parcel on which the wirelesscommunicationfacility is located to the base of the support supportstructureand equipment facility,or, in the case of guy-wire support,the guy-wire anchors.

U) Stealthtower technology. Towersdesignedand located using existing or new structuresin which the tower is not visible. This includes towersthat are concealed within architectural or camouflaged thefeatures through use of exterior devicessuch as false trees.

(k) Support structure.A structure designedand constructed specificallyto support an antenna array. This includes, but is not limited to, a monopole,self-supporting tower.tower, and guy wire-support A support structuredoes not include any device that is used to attacha wireless communication or structure. facilityto a building

(I) Temporarywireless facility. A wireless facility that is communication communication intendedto be in use for ninety (90) or fewer days.

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(m)Wirelesscommunications. wireless as defined in 47 U.S.C. §Personal services 332(7)(C)(the "Telecommunications Act of 1996"). This includes FCC licensed commercial telecommunicationswireless services, includingcellular, communication (PCS),personal services specializedmobileradio (SMR), specializedenhanced mobile radio (ESMR), paging,and similar servicesthat currently exist.

(n) Wirelesscommunication facility designed facility. Any unstaffed for the transmission and/or reception of wireless services.telecommunications This

of an antenna connectionusuallyconsists array, cables,an equipment structure.facility,and a support

Section6. Administration.

(a) The Planning Director for the administration ofshall be responsible and enforcement this Ordinance. This person be referred for the shall hereinafter to as "Administrator" purposesof this Ordinance.

(b) The Administrator, with this Ordinance law, may in accordance and North Carolina seek to compel corrective the assessment or by action through of civil penalties obtainingany equitable provided state law. remedies by applicable

Section7. Exceptions.

The provisions of this Ordinance shall not be deemed to apply to

(a) Any tower, antenna, or other communication located owned,structure on property leased,or otherwise controlledby Alamance County.

(b) Any amateur radio facility that is owned and operated amateurby a federally-licensed radio station operator.

Section8. Location for Wireless Towers.Requirements Communication

(a) Any wireless communication after the enactment tower constructed of this Ordinance may not be located within 1 mile of an existing tower.

(b) Towersshall be located at least 1.5 x height of the tower from any existing non-owner occupiedresidential structure.or non-residential

(c) A tower may be located on the same lot as a residential as long as the structure, residentialstructureis occupied by the property owner.

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(d) A tower may not be located on top of any residential structure.

(e) A tower may not be located on the same lot as an outdoor storageyard.

(fj A lot that contains a wireless facility may be no smaller than thirty communication thousand(30,000)squarefeet.

(g) A tower may not be constructed historicwithina locally-or nationally-designated district. A tower may not be located withinone thousand (1,000)feet of a locally-or nationally-designatedhistoricdistrictor historic landmark.

(h) A tower may not be constructed within 1.5x the fall zone from a public right-of-way.

(i) The siting of all wireless communications must comply with the requirements towers of the National Environmental Communications andPolicy Act, the Federal Commission, the Federal AviationAdministration.

Section9. Waivers.

(a) A property owner the Board of Commissioners of Alamance may petition of the County to waive any requirements as set forth in this ordinance. A petition shouldcontainthe name,address, of the property and agent (if applicable) owner; the name, address, and agent of the telecommunications entity that will lease the property (if different from owner);a description of the dimensions facility; and a site plan that of the proposed shows the location of the proposed toweron the property, any structures on adjoining properties,and the location of any public or private roads.

(b) All waiver requests shall go before the Alamance County Planning Boardfor a recommendation Commissioners.prior to being heard by the Board of County

(c) If the Board of County Commissioners use will not be contrary finds that the proposed to the public interest or injurious to nearby properties, and that the spirit and intent of this Ordinance will be observed, it may waive the location requirement(s).

Section10. Development for Wireless Towers.Standards Communication

(a) Heightlimits.

1. Administrativeapprovalmay be granted by the Alamance County Planning Departmentfor wireless communication that do not exceed towers ninety (90) feet in height.

2. A tower that is proposed to exceed ninety (90) feet in height must receive approval

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from the Board of Commissioners of Alamance County. The approval procedure shall be in accordance with Sections 16 and 17, below.

(b) Setbacks.

1. A wireless facility must be located at least the height of the tower communication x 1.5 from any residential structure,with the exception of a residential structure that is occupied by the owner of the propertyupon which the wireless communication may be reduced facility is located. The setback requirement with design certification by an engineer.

2. The setback must include enougharea to contain the fall zone entirely within the boundariesof the property ownedor leased by the wireless communication provider.

3. A wireless facility must be located communication at least 1.5x the fall zone from any public right-of-way or private road.

4. A freestanding communication at least the height wireless tower must be located of the tower x 1.5 from any high-tension power lines.

5. A wireless facility must be located at least 2500 feet from any communication publicor private airport.

6. In measuring setbacks,an accessory structureconstructedto house equipment relatingto the wireless facility must be included communication as part of the wirelesscommunication structurefacility. The edge of an accessory to a property line shall constitute an appropriate measurement.

(c) Landscapingand Aesthetics.

1. Wirelesscommunication should be placed that will provide facilities in a location for proper functioning,but one that will have minimal visual impact.

2. All landscaping to be compatible structuresandshould be designed with existing landscapes parcels.on the property and on adjoining

3. The color of a wireless facility should be neutral or compatible communication with its surroundings. In addition, colors must meet FAA standards.

4. The use of camouflage is strongly or stealth technology encouraged.

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5. A vegetated buffer must be placed around the base of a wireless communication tower and any associated structures,such as an equipment facilityor guy anchors. This buffer should be at least ten (10) feet wide and should include, at a minimum, one (1} row of evergreen or deciduous trees placed no further than eight (8) feet apart and one (1) row of evergreen shrubsspacedno more than five (5) feet apart.

6. Existing vegetation on the site should be preserved as much as possible and incorporatedinto the site design.

7. Vegetatedbuffers should be created throughminimalgradingactivitiesand, as much as possible, should preserve existingmaturegrowthon the site.

8. Upon a showing that the existing site vegetation will provide a suitable buffer for the base of the tower or the perimeter of the site and minimize visual impacts, the Administrator containedmay grant a waiver of the buffer requirements above.

(d} Fencing.

A wireless communication safety fence facility must have a commercial-grade placed around the base of the tower and any accessory structures.This fence should be at least eight (8) feet in height and constitute an opaque barrier. If the wirelesscommunication a separate facility has guy wire anchors, fence with the same features as above may be placed around the base of each guy wire anchor.

(e} Lighting.

1. A wireless communication lighted unless required tower shall not be artificially by the FAA or other applicable authority.

2. All lighting installed at a wireless facility must comply with FAA communication regulations.

3. Any lighting at a wireless facility should be downshielded communication in order to contain the light on the property leasedor owned by the wireless communication communicationprovider. At no time should any wireless facility lighting shine directly upon an adjacent property.

4. Unless otherwise required by the FAA, a red light and a type of lenses used to reduce ground lighting must be used when the wireless communicationfacility site is within one hundred (100) feet of a residential dwelling.

(DSignage.

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1. No signage, logos, symbols, or any messages orof a commercial non-commercialnatureare permitted on any wireless communication facility, accessory structure,or security fencing. This prohibition does not includethe information in Section below.sign permitted 1O(D(2),

2. One small sign measuring no more than two (2) feet by three (3) feet that containsprovider information, telephone and any other emergency numbers, informationrequired by local, state, and federal regulations wirelessgoverning communication is permitted. This sign must be placed in a visible facilities locationon the security fencing.

(g) StructuralIntegrity.

1. Each wireless communication structuresfacility and any accessory must be constructedand maintained in accordance with all state and federal building code requirements.

2. Each wireless tower must be constructed thecommunication to accommodate followingnumberof antenna arrays:

(a) Towers up to ninety (90) feet: 1 array;

(b) Towers between ninety-one(91) and one hundred and twenty (120) feet: 2 arrays; and

(c) Towers exceeding one hundred and twenty feet (120): 3 arrays.

(h) Power Output and Emissions.

1. Applicantsfor a permit for a wireless facility shall be required communication to submit documentation that shows that power output levels at the facility do not exceed those levels certified by the FCC.

2. The wireless communications that owns the wireless provider communication facility may be asked on a periodic basis to provide the Administrator with documentation that the facility is in compliance that demonstrates with FCC output standards.

3. Emissions communication with radio from a wireless facility shall not interfere frequenciesor television reception.

(i) Accessto Wireless Facility.Communication

1. Accessto the wireless communication by an facility site must be provided

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easementof no less than thirty (30) feet in width.

2. The road base constructed should be no less than ten (10) feet and no greater than eighteen (18) feet in width. This road must be of gravel construction and should be maintained regularly communicationsby the wireless provider.

3. An access road to a wireless facility should be gated for communication securitypurposes fencing.with commercial-grade

Section11. Collocation Facilities.and Shared

1. An applicant for a wireless facility permit that it has communication must demonstrate made a good faith effort to place its wireless communication onto an equipment existingwireless facility This shall be a condition of the communication structure. permit,as provided in Section 14, below.

2. An applicant for a wireless facility permit collocateand will communication that cannot place its equipment on a newly-constructed communication mustwireless structure submita collocation agreementwith its permit application. This collocation agreement shall outline the applicant's policy for collocation on its structure and shall also provide information the means by which the applicant what rental that illustrates will determine rates to charge other users. These lease rates must be commercially andreasonable shouldnot act as a deterrent to collocation.

3. Any wireless communication totowerover ninety (90) feet should be constructed accommodate antenna pursuantto Section 10(g)(2).multiple arrays,

Section12. Use By Emergency Services.

A wireless communication must make the wireless facilityprovider communication available,free of charge, to the County for emergency use. This use shall include, service but is not limited to, an antenna array and space for electronic withinan accessory equipment building. An antenna array placed by the County's services on a tower emergency shall only be located capableof handling multiplearrays. Any use by emergency shouldnot interfere services with the

of the tower or of any wireless facilitiesproperfunctioning communication withina one-mile radius.

Section13. Removal Towers, and Support Structures.of Abandoned Antennae,

(1) The owner of a wireless communication the Administrator facilitymust provide with written notice if the facility is going out of service.

(2) A wireless communication for a period facilityat which use has been discontinued of one hundred and eighty (180) days shall be deemed abandoned.

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(3) A wireless communication abandonedfacility shall not be considered unless all serviceproviders arrays attached use of with antenna to the facility have discontinued of the facility.

(4) If the Administrator that a wireless facility has been determines communication abandoned, mail, return receipthe or she shall send a written notice by certified requested,to the owner of the wireless communicationfacility and to the property owner(if different). information why the wireless This notice shall contain regarding communication abandoned of an appeals facility has been deemed and the availability processfor this decision.

(5) Once the written notice has been received, the wireless facilitycommunication owner has sixty (60) days in which to remove the facility from the property.

(6) The County may require each applicant to post a performance bond to cover the potential costs of removal.

(7) If the owner of the wireless communication that the Administrator's facility believes determination with the Board of has been made in error, it may file a written appeal Commissioners of the sixty (60)-day for removal. Such prior to the expiration period appealshall be heard by the Board within thirty (30) days of the filing of the appeal and any proceedings to remove the abandoned communicationwireless facility shall be stayed pending the outcome of this appeal.

(8) If the owner of the abandoned communication thewireless facility does not remove facility within the required removalperiod,the County may remove the facility and recoverthe costs from the owner. If the owner is no longer in business or cannot be located,the cost of removal may be assessed to the real property owner.

(9) The County may assess civil penalties pursuantto Section 21 if the owner of the abandonedwirelesscommunication the structure facility fails to remove within the requiredremovalperiod.

Section14. Permit for Wireless Facility.Requirements Communication

(a) It shall be a violation of this Ordinance to construct and operate any wireless communication County's jurisdictionwithoutafacility in Alamance ordinance-making permit issued pursuant to this section.

(b) Any entity or individual desiringto construct and/or operate a wireless communication facility within Alamance County's jurisdictionordinance-making must apply to the AlamanceCounty Planning for a permit. This application Department must include

1. The name and address of the owner(s);

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2. The physical addressof the property, includingtax map block and lot numbers;

3. The name and address of the agent(s) and officers, if the applicant is a corporation;

4. Documents a need for coverage area;that demonstrate in the geographical

5. Sealeddrawingsfrom an architect or engineer licensedin the State of North Carolinathat contain the items listed below in Section 14(c);

6. A copy of the applicant's collocation or, in the absence agreement of collocation,evidencethat collocation in accordance is not feasible with the requirementsset forth below in Section 14(d);

7. Documentation or engineer in the State of North from an architect licensed Carolinathat the proposed communicationwireless facility has the structural integrityto accommodate than one user, if the proposed more facility is over ninety (90) feet in height;

B. Certification wireless facilityfrom the FAA that the proposed communication will not pose a hazard to air navigation;

9. Documentation Division engineerthat his from a North Carolina of Highways or her office has reviewed the proposed and has determined project that no highwayaccess issues need to be resolved ofor right-of-way prior to approval the application; and

10.Proposedsedimentation measures by the control that have been approved North Carolina Department and Natural of Environment Resources.

(c) The sealed drawingssubmittedwith the application must include

1. A scaled vicinity map showing the location of the proposed facility in relation to nearby roads, communities, and towns;

2. All property lines associated with the site;

3. The location of all proposed structureson the site;

4. Elevationsof all proposed and a description of the structures or sample color(s)that will be associated with them;

5. A description of the height of the proposed structures;

6. Basic site plan information, (with 5' contours), such as existing topography

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proximityto floodplains soil characteristics, vegetation,and floodways, existing and other site elements that may restrict development;

7. A site plan showing any proposed of topography alteration and vegetation;

8. The location of any existing streets,buildings,railroads,transmissionlines, sewers,bridges, drainpipes, to the extent that these culverts, and easements, may be determined of the property; from a field inspection

9. Landscapingplans that include buffer areas;

10. Plans for parking and security fencing;

11. Plans showing any access and proposed andeasement(s) pointsof ingress egress in relation to a public or private road(s); and

12. Plans identifying any adjacent uses within five hundred (500) feet of the fall zone.

(d) If an applicant does not propose to collocate on an existing wirelesscommunication facility, evidence must be shown to demonstrate wirelessthat no existing communication the applicant's needs. This facilitycan accommodate technological evidenceshould be in the form of letters sent to and received from the owners of existingwireless facilities that one of the communication in which it is demonstrated followingconditionsapplies:

1. No antennae are located area that is required within the geographic for the applicant'stechnologicalneeds;

2. No existing or structures area are of sufficient towers within the geographic heightto meet the applicant's needs;

3. No existing towersor structures have the structural strengthto support the proposedantennaand related equipment;

wireless facility would 4. The proposed communication causeelectromagnetic interferencewith antennae on existing towersor structures or vice versa;

5. The fees, costs, or contractual provisions requiredfor collocation by the owner of an existing wireless facility that would meet the applicant's communication technological the cost of new facility development; needs exceed

6. Any other factors that render the use of existing towersor structures within the geographicarea infeasible.

In addition, an applicant a summary of why it believes thatshould include explanation its proposed wireless facility be located towercommunication cannot on an existing or

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structure.

(e) A one-time permitfee of $2,500 shall accompany the application.

Section15. Administrative Approvals.

(a) Administrativeapprovalmay be obtained for

1. Wirelesscommunication that do not exceed towers ninety (90) feet in height;

array upon an existing communication2. Placingan antenna wireless facility;or

3. The operation of a temporary communicationwireless facility.

(b) In each instance, the applicant required 14,must submit all documentation in Section above,to the Planning Department review.for administrative

(c) Upon review, the Administrator whether applicationwill determine the submitted complieswith the terms of this Ordinance. may issue an approval, The Administrator an approval with conditions, or a denial.

(d) If the Administrator the reasons denies the application, for the denial must be outlined in a letter sent to the applicant via certified mail, return receipt requested. The applicantmay make any suggested and submit to the Planning changes its application Board in accordance outlined 16, below. with the procedure in Section

(e) If the Administrator or an approval he or she shall issuesan approval with conditions, also issue a wireless communication shallfacility permit to the applicant. This permit entitle the applicant to proceed and operation with the with construction in accordance submitteddevelopmentplan.

Section16. Review Application and Planning Board.of Permit by Administrator

(a) Upon submission of the application, the Administrator the application will review for compliancewith the provisions of this Ordinance. Duringthis review period, the Administrator additional from the applicant. may request information

(b) After administrative will be presented Countyreview,the application to the Alamance PlanningBoard for further review. Review by the Planning Board shall occur within sixty (60) days of the submission of the application. Followingits review, the Planning Board may approve the application, or approve deny the application, the application conditions.

(c) If the Planning Board denies the application approval,or gives conditional the reasons

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for its action shall be noted in the Board's minutes. The owner may resubmit its applicationafter making any corrective changes.

(d) If, upon correction and resubmission the Planning of the application, Board again deniesor approves the application with conditions, the applicant may submit its applicationdirectlyto the Board of Commissioners.

Section17. Review Application of Commissioners. of Permit byBoard

(a) After the Planning Board has rendered on the application, a decision the applicant may submit an application and final development of Commissioners. plan to the Board This plan may incorporate any changes suggestedby the Planning Boardor any additionalinformation wishesthat the applicant to provide.

(b) Reviewby the Board of Commissioners shall occur within sixty (60) days of submission This review shall also include of the of the application. consideration advisorydecisionrenderedby the Planning Board. Following its review, the Board of Commissionersmay approve the application, or approve deny the application, the applicationwith conditions.

(c) If the Board of Commissioners denies the application or gives conditional approval, the reasons for its action shall be noted in the Board's minutes.The owner may resubmitits application after making any corrective changes.

(d) If, upon correction and resubmission the Board of Commissioners of the application, again denies the application, the applicant may initiate an appeal in the Superior Court of Alamance County. This appeal must be filed with the Clerk of Superior Court for AlamanceCountywithin thirty (30) days of the decision by the Board of Commissioners.

Section1B. Issuanceof Permit.

(a) It shall be a violation of this Ordinance any wireless facilityto operate communication County's jurisdictionlocatedwithin Alamance ordinance-making withouta permit

issued pursuant to this section.

(b) If the above application procedureis followed and the Board of Commissioners or approves with conditions, approvesthe application the application the Board will

issuea permit for the wireless facility. This permit communication shall entitle the applicantto proceed and operation with the final with construction in accordance developmentplan.

Section19. Revocation of Permit.

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(a) A permit may be revoked by the Board of Commissioners that the if it is established applicationcontained that the applicant false information, did not make a reasonable good faith effort to collocate on a existing tower,or that the wireless communication facility is not in compliance of this Ordinance. with any other provision

(b) If the Administrator believesthat the applicant communicationor the wireless facility is in violation of this Ordinance, to the applicant written notice shall be mailed and the propertyowner(if different) by certified mail, return receipt requested. This notice shall identify the reasons believes of this why the Administrator that a violation Ordinancehas occurred.

(c) After receipt of this notice, the applicant has sixty (60) days within which to correct the violation. If the applicant fails to do so within the allotted may,time, the Administrator at any time following the expiration period, to the Board of the compliance recommend of Commissioners that the wireless communicationfacility permit be revoked.

(d) The recommendation is separate that may be for revocation from any other penalties imposedby the Administrator. for revocation A recommendation will not stop the runningof any civil or equitable remedythat may be available to the Administrator.

(e) Recommendationfor revocation must be accompanied by written notice sent to the applicantvia certified mail, return receipt requested. This notice shall detail the alleged noncompliance, the applicant recommendationinform of the Admininstrator's for revocation, and advise the applicant that a hearing will be held before the Board of Commissioners revocation.prior to any action being taken on permit

(~ Prior to approval or denial of the permit revocation, shallthe Board of Commissioners hold a hearing at which the applicant may be represented presentby an attorney, evidenceand call witnesses in support of its case. Notice of the hearing shall be mailedto the applicant mail and published of general via certified in a newspaper circulationat least once a week for two (2) successive weeks. This notice calendar shall not appear less than ten (10) days nor more than twenty-five (25) days prior to the hearing.

(g) If the Board determines the wireless facility permit, theto revoke communication reasonsfor its action shall be set forth in the written minutes of the meeting.

(h) A recommendation to revoke by the Board of Commissioners the wireless communicationfacility permit may be appealed to the Superior Court of Alamance County. An appeal must be filed with the Clerk of Court of Alamance Countywithin thirty (30) days of the Board's decision.

Section20. Nonconformities.

(a) The foregoing provisionsof this Ordinance shall not be construed to apply to any wirelesscommunication plan has been approved facility for which a final development

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prior to the enactment date of this Ordinance.

(b) Any wireless communication prior to the enactment facility constructed of this Ordinancemay continue an expansion shallin use; however, to the nonconformity bring the facility under the control of this Ordinance.

(c) This provision does not include the addition of an antenna array to an existing wireless communication for an additional array may be obtained facility. Approval antenna by submitting a development Departmentplan to the Planning for administrative review.

(d) A nonconforming wirelesscommunication damagedfacility which has become may be repaired,providedthat the cost of repair does not exceed fifty (50) percent of the replacementcost of the facility. If the cost exceeds this threshold, then the wireless communication or reconstructed offacility may only be repaired under the governance this Ordinance. This shall not be construed to prevent an owner from repairing or reconstructingon the same footprintwith the original setbacks, so long as all other elementscomplywith the terms of this ordinance.

Section21. Imposition of Civil Penalties.

(a) In addition to other remedies cited herein or otherwise protectedby state law, this Ordinancemay be enforced by the issuance of civil citations to the owner(s) of the wirelesscommunication of this Ordinance. facility found to be in violation

(b) Each day's violation shall be considered a separate and distinct offensethat is subject to a fine.

(c) The County may recover associated withinany civil penalty with this Ordinance seventy-two a citation to pay a civil (72)hours after issuing for violation. Failure penaltymay subject the owner(s) to civil action to recover debt if the penalty is not paid in the prescribed time.

(d) The issuance of a citation and the assessment for a violation of a civil penalty may be appealedto the Board of Commissioners of Alamance. of the County This appeal must be made in writing to the Board of Commissioners within thirty (30) days of the citation.

(e) Such appeal shall be heard by the Board of Commissioners within thirty (30) days of the filing of the appeal and the assessment shall be stayed pending of civil penalties the outcome of the appeal. The stay on the running of the civil penalty shall begin on the day on which an appeal is filed with the Board of Commissioners.

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Section22. Equitable Remedies.

(a) This Ordinance may be enforced by an equitable remedyissued by a court of competentjurisdictionpursuantto N.C.G.S. § 153A-123.This equitable remedymay be a mandatory or prohibitory injunction commandingand Order of Abatement the owner(s)to correct the violation(s) of this Ordinance.

(b) Pursuantto N.C.G.S. § 153A-123,if the court issues an Order of Abatement and the owner(s)fails or refuses to comply with the terms of the Order within the time allowed by the court, the owner(s) may be cited for contempt and the County may execute the Order of Abatement. If the County executesthe Order, it will have a lien on the propertyfound to be in violation for the costs of executing the Order. The owner(s) may secure cancellation by paying withof an Order of Abatement all costs associated the proceedings with the Order. Cancellation and by posting a bond for compliance of an Order of Abatement will not suspend or cancel an injunction issued in conjunction with the Order of Abatement.

Section23. Conflict with Other Laws.

It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with any existing provisions of any other ordinances if the requirements or laws. However, of any other lawfully adopted rules, regulations, or ordinances of the County of Alamance conflictwith this Ordinance, or that imposing shall govern. the more restrictive the higher standard

Section24. Severability.

If any section or specific provision or standard is found by a court to be of this Ordinance invalid,the decision of the court shall not affect the validity of any other section, provision,or standardof this Ordinance.

Section25. Amendment.

This Ordinance may be amended of Commissioners from time to time by the Board of the Countyof Alamance.

Section26. Effective Date.

This Ordinance shall take effect and be in force on April 4, 2005.

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_;_-;V"ic·-~e--rchairman/

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