(A) Liability requirements. The following liability requirements apply to the owner of any tower operating within the Village. Stipulations setting forth the standards shall also be included in the standard agreement required by § 120.22, release, indemnification and hold harmless agreement required by division (B) of this section, and/or a site plan approval issued pursuant to this chapter authorizing establishment of a wireless communication facility:
(1) Wireless communication service providers shall be strictly libel for any sudden and accidental pollution and gradual pollution resulting from their use within the Village. This liability shall include cleanup, intentional or unintentional injury or damage to persons or property. Additionally, providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
(2) The wireless communication service provider shall defend, indemnify, and hold harmless the Village, its appointed and elected officials, officers, President and Board of Trustees, engineers, attorneys, volunteers, agents or employees from any and all liabilities, damages, claims, actions or proceedings against the Village, its appointed and elected officials, officers, President and Board of Trustees, engineers, attorneys, volunteers, agents or employees of any kind or nature whatsoever which may arise as a result of the construction, operation, removal or collapse of the tower, antenna or accessory equipment as described herein or from any claim, action or proceeding to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and or local statutes, including, but not limited to reasonable attorneys' fees, witness fees and expenses and court costs incurred by the Village in defending against any claim or in enforcing this section or an approval or agreement entered into hereunder. The Village shall promptly notify the provider(s) of any such liability, damage, claim, action or proceeding. The Village shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the Village from participating in a defense of any claim if the Village bears its own attorney's fees and costs, and the Village defends the action in good faith.
(B) Insurance requirements. The owner of any tower shall provide the Village on an annual basis with proof of comprehensive general liability insurance in an amount not less than $5,000,000 which protects against losses and damages of any kind due to illness, personal injury or death or property damage resulting from the construction, operation, removal or collapse of the tower, antenna or accessory equipment. The insurance certificate shall name the Village and its affiliates (appointed and elected officials, officers, President and Board of Trustees, engineers, attorneys, volunteers, agents or employees) as additional insureds. In addition to the insurance required, the person applying to locate a wireless communication tower within the Village shall agree to execute and deliver to the Village Clerk a release, indemnification and hold harmless agreement, prepared by the Village Attorney, in which the person applying for the permit agrees to defend, indemnify, and hold harmless the Village, its appointed and elected officials, officers, President and Board of Trustees, engineers, attorneys, volunteers, agents or employees from any and all liabilities, damages, claims, actions or proceedings against the Village, its appointed and elected officials, officers, President and Board of Trustees, engineers, attorneys, volunteers, agents or employees of any kind or nature whatsoever which may arise as a result of the construction, operation, removal or collapse of the tower, antenna or accessory equipment as described herein or from any claim, action or proceeding to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and or local statutes, including, but not limited to reasonable attorneys' fees, witness fees and expenses and court costs incurred by the Village in defending against any claim or in enforcing this section or an approval or agreement entered into hereunder. Such agreement shall be executed prior to the issuance of any permit approving construction of the tower and related facilities.
(Ord. CO-2010-006, passed 4-15-2010)