As a condition of issuance of a building permit for a wireless telecommunication facility, an applicant for a permit for such a facility shall obtain insurance of the types, in the amounts, and under the conditions described below.
(a) Commercial General and Umbrella Liability Insurance. The applicant, owner or operator of a wireless telecommunication facility shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than five million dollars ($5,000,000) each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location.
(1) CGL insurance shall be written on ISO occurrence form CG 00 01 10 93 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
(2) The Village shall be included as an insured under the CGL, using ISO additional insured endorsement CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the Village.
(3) There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or employment-related practices.
(b) Continuing Completed Operations Liability Insurance. All owners or operators of the facility shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) each occurrence for as long as the facility remains in the Village.
(1) Continuing CGL insurance shall be written on ISO occurrence form CG 00 01 10 93 (or a substitute form providing equivalent coverage) and shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract.
(2) Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its each occurrence limit.
(c) Business Auto and Umbrella Liability Insurance. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) each accident.
(1) Such insurance shall cover liability arising out of any auto (including owned, hired and nonowned autos).
(2) Business auto coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01.
(d) Workers' Compensation Insurance. All owners and/or operators of a facility shall maintain Workers' Compensation and employer's liability insurance.
(e) Certificate of Insurance. A certificate of insurance evidencing the insurance required by this Section must be filed with the Village prior to issuance of a building permit and annually thereafter for so long as the facility remains at the site. The certificate must require that the Village be notified by the insurer at least thirty (30) days in advance of any expiration or cancellation of the insurance coverages required by this Section.
(Ord. 2012-21. Passed 7-11-12.)