The following requirements apply to all WCF that are erected or placed within the county jurisdictional area after the effective date of this chapter.
(A) For each application, the property owners, WCF owners and wireless communications service providers shall be considered co-applicants and shall be jointly and severally subject to the provisions of this chapter.
(B) Each permit application for placement of a WCF. WCF support structure or antenna array shall be accompanied by the following:
(1) An application, rezoning application or variance application form with original signatures from the property owners, service providers and tower owners;
(2) A written statement with illustrations that describe the proposed WCF including the type of construction, tower height and provisions for co-location;
(3) A listing of all existing and proposed facilities with specifications for all WCF from the center of the county and for a distance of 15 miles in each direction. Each named facility shall include information on facility capacity for co-location, the height and type of each facility, and the coverage patterns and types of service provided for each existing or proposed facility;
(4) A site plan which is comprised of a scaled drawing setting forth property lines, distances, existing site improvements/buildings/structures, existing or proposed roadways and easements, proposed WCF location, and proposed landscaping;
(5) A visual impact analysis that includes current photographs of human-made or natural features adjacent to the WCF and a photographic presentation that depicts current site conditions with a super-imposed image of the proposed facility to demonstrate the anticipated views and the facility upon its completion;
(6) A copy of the facility maintenance and removal agreement signed by all applicants that binds the applicants and all successors in interest to properly maintain and/or remove the facility upon abandonment in compliance with the terms of this chapter;
(7) The county shall not authorize the placement of any WCF or support structure, unless the county obtains an indemnification from the applicants that releases the county from all liability arising out of the construction, operation, removal or repair of a WCF or antenna array. Parties to the wireless communications agreement agree to not sue or seek any monies or damages from the county; to indemnify and hold harmless the county, its elected/appointed officials, agents, servants and employees from all claims, demands or causes of action along with the resulting losses, expenses, costs, attorney fees, liabilities, damages, orders, judgments and decrees which arise out of or result from a wireless communication facility owner, operator, agent, employee or servant for negligent acts, error or omissions;
(8) A policy of insurance maintained with a reputable company that insures the WCF or support structure with minimum and adequate insurance coverage for liability, bodily injury and property damage for the entire period the WCF is in existence. The county shall be named as an additional insured on the policy. A certificate of insurance shall be submitted verifying the insurance coverage at the time application is made. Failure to maintain insurance coverage shall be a violation of this chapter; and
(9) Each application for placement of a WCF or antenna array shall be subject to co-location review as set forth in this chapter.
(C) Each WCF that is approved for construction under this chapter shall be required to have the ability to co-locate six or more facilities.
(Ord. 2000-42, passed 10-16-2000)