b. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property. c.An operator may charge users of the property a fee that does not exceed the operator’s cost to maintain the property, buildings and facilities. d.As used in this section, “model aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground. E. An associated transmission line is necessary for public service if an applicant for approval under DCC 18.16.025 demonstrates that the line meets either the requirements of 1 or 2 below. 1. The entire route of the associated transmission line meets at least one of the following requirements: a.The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land; b. The associated transmission line is co-located with an existing transmission line; c.The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or d.The associated transmission line is located within an existing right of way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground. 2.After an evaluation of reasonable alternatives, the entire route of the associated transmission line meets, subject to DCC 18.16.038(E)(3) and (4) below, two or more of the following factors: a. Technical and engineering feasibility; b.The associated transmission line is locationally-dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; c.Lack of an available existing right of way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground; d. Public health and safety, or e. Other requirements of state or federal agencies. 3. As pertains to DCC 18.16.038(E)(2), the applicant shall present findings to the County on how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland. 4.The County may consider costs associated with any of the factors listed in DCC 18.16.038(E)(2) above, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.
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