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(A) In addition to compliance with the requirements of this chapter, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority throughout the duration of the permit:
(1) Before the permittee submits any application for a permit or other permits required by the Fairfax Municipal Code, the permittee must incorporate the wireless telecommunication facility permit granted under this chapter, all conditions associated with the wireless telecommunications facility permit and engineering and electrical plans, schematics and specifications and the approved plans and any photo simulations into the project plans (the "approved plans"). The permittee must construct, install and operate the wireless telecommunications facility in strict compliance with the approved plans. The permittee shall submit an as-built drawing within 90 days after installation of the facility.
(2) Where feasible, as new technology becomes available, the permittee shall:
(a) Place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground; and
(b) Replace larger, more visually-intrusive facilities with smaller, less visually-intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Fairfax Municipal Code.
(3) The permittee shall submit and maintain current at all times basic contact and site information, in a form as may be required by the town. The permittee shall notify the town of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:
(a) Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility;
(b) The legal status of the owner of the wireless telecommunications facility, including official identification numbers and FCC certification; and
(c) The name, address, and telephone number of the property owner if different than the permittee.
(4) The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the town reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage.
(5) At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the town. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
(6) At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC, antenna height standards adopted by the Federal Aviation Administration, and all electrical code requirements for the equipment, wiring the equipment and providing power to the equipment. At the sole expense of the permittee and using a consultant approved by the town, testing shall be performed demonstrating compliance with current regulatory and operational standards, and to ensure the equipment is operating within proper specifications and does not pose an undue fire risk or electrical risk. Tests shall occur upon commencement of operations and annually thereafter, and results provided in a written report to the town.
(7) If, upon inspection, the Town Building Official determines there is good cause to believe that the facility (including, without limitation, its accessory equipment, antenna and/or base station) may present a fire risk or electrical hazard, the Building Official may order the facility to be shut down and powered off until such time as the facility is repaired and restored to its correct operating specifications, at the sole expense of the permittee.
(8) Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the Fairfax Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. The amount of the performance bond shall be set by the Zoning Administrator in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.
(9) Permittee shall defend, indemnify, protect, and hold harmless the town, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the town and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the town, Planning Commission or Town Council concerning the permit, the project, and any and all claims, actions, or proceedings arising from, or related to, the installation, operation, or inspection of any facility. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees, and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The town shall promptly notify the permittee of any claim, action, or proceeding that this indemnification obligation may cover. Nothing contained herein shall prohibit the town from participating in a defense of any claim, action or proceeding. The town shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at permittee's expense. The town shall retain the right to participate in any claim, action or proceeding if the town bears its own attorney's fees and costs, and the town defends the action in good faith.
(10) Permittee shall obtain and maintain insurance for the coverages and in the amounts reasonably specified by the Zoning Administrator.
(11) All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.
(12) The proposed facility complies with all applicable provisions of this chapter, including the technical review by the town's independent expert set forth in § 19.04.050(B).
(13) The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.
(14) Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this chapter.
(15) A condition setting forth the permit expiration date in accordance with § 19.04.200 shall be included in the conditions of approval.
(16) Record retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, including, without limitation, any approval, the approved plans and photo simulations incorporated into the approval, all conditions associated with the approval, and any other ministerial permits or approvals issued in connection with the approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
(17) Compliance obligations. An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Fairfax Municipal Code, any permit, any permit condition, or any applicable law or regulation by reason of any failure by the town to timely notice, prompt or enforce compliance by the applicant or permittee.
(Ord. 833, passed 8-7-2019)