The following requirements apply to all WCF that are erected or placed within the county jurisdictional area after the effective date of this subchapter.
(A) For each application, the property owner(s), WCF owner(s), and wireless communications service provider(s) shall be considered co-applicants and shall be jointly and severally subject to the provisions of this subchapter.
(B) Each permit application for placement of a WCF, WCF support structure or antenna array shall be accompanied by the following:
(1) Application form. A completed application form, with original signatures from all applicants including the property owner(s), WCF owner(s) and wireless communications service provider(s).
(2) Statement. A written statement with illustrations that describes the proposed wireless communications facility (type of construction, tower height and provisions for co-location).
(3) Inventory. Inventory of the provider’s existing wireless communications facilities and/or antenna arrays within the county and within three miles of the boundaries of the county planning jurisdiction, along with a plan describing any potential future facility locations. The inventory and master plan shall include:
(a) Locations of all existing and proposed facilities (by property address, latitude/longitude coordinates, and township, range, section 1/4 section);
(b) Height and type of each existing and proposed facility (including antenna types, output frequency, number of channels, power output and maximum power output per channel);
(c) For each existing and proposed facility, information on the practical capacity for accommodating additional co-located antenna arrays;
(d) Delineation of existing and anticipated coverage patterns in the county with brightly colored radial plots showing clear demarcations between signal strengths: for each existing and proposed facility, signal propagation and radio frequency studies and plots shall be prepared, clearly identified, and signed by a qualified radio frequency engineer (power density calculations shall be in accordance with “worst case” formulas, assuming operation at maximum power and maximum capacity); and
(e) For each existing or proposed facility, type(s) of services to be provided (such as, paging, PCS and the like.)
(4) Site plan. A drawing to scale, with the following information:
(a) Property lines, with distances and bearings illustrated;
(b) Existing site improvements, including buildings and structures;
(c) Existing/proposed roadways and easements on the property;
(d) Proposed wireless communications facilities; and
(e) Proposed landscaping, including existing vegetation where applicable.
(5) Visual impact analysis. A visual impact analysis that includes:
(a) Current photographs of significant man-made or natural features adjacent to the proposed WCF or support structure, indicating those features that will provide buffering for adjacent properties and rights-of-way;
(b) A photographic presentation that depicts current site conditions with a superimposed image of the proposed facilities to demonstrate the anticipated views of the proposed site and facilities upon completion of all improvements. Four views shall be illustrated, at a minimum, from points directly to the north, south, east, and west of the proposed facility at distances no less than one-half mile and no greater than one mile.
(6) Maintenance and facility removal agreement. For each WCF or support structure, a maintenance and facility removal agreement signed by the applicants and/or petitioners. This agreement shall bind the applicants and all successors in interest to properly maintain the exterior appearance of all facilities and, ultimately, remove all facilities upon abandonment in compliance with the provisions of this subchapter and any conditions of approval. This agreement shall bind the applicants to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the county for any and all costs incurred to perform any work required by this agreement that the applicants fail to perform. This agreement shall be signed by the applicants and by the Administrator of the Planning Department and recorded in the office of the County Recorder.
(7) Indemnification. The county shall not enter into any lease agreement or authorize the placement of any WCF or support structure unless the county obtains an adequate indemnification from the applicants (owners/operators) and/or wireless communications service providers. This indemnification must:
(a) Release the county from all liability arising out of the construction, operation, removal or repair of a wireless communications facility and/or antenna array. Parties to a wireless communications agreement agree to not sue or seek any monies or damages from the county in connection with the above;
(b) Indemnify and hold harmless the county, its elected and appointed officials, agents, servants and employees, from and against all claims, demands, or causes of action whatsoever, and the resulting losses, costs, expenses, attorney’s fees, liabilities, damages, orders, judgments or decrees, sustained by the county or any third party arising out of, or resulting from, each wireless communications facility’s owner’s, operator’s, agent’s, employee’s, or servant’s negligible acts, error, or omissions; and
(c) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in force and effect as to the responsibility of the party to indemnify.
(8) Proof of insurance. At a minimum, adequate insurance covering liability, bodily injury and property damage must be obtained and maintained for the entire period the wireless communications facility is in existence. The County Plan Commission shall be named as an additional insured. A certificate of insurance verifying such insurance shall be submitted at the time of application.
(9) Reports. Copies of inspections or reports that are required by, and have been submitted to, the FAA and/or the FCC.
(10) Fee. The fee, in accordance with the standards set by the Plan Commission.
(11) Proof of escrow account. A certificate of funds in escrow, for the benefit of the county, in the amount of $5,000 per support structure and $1,000 per antenna array (the amount applicable to support structures shall not apply to attached WCF). The escrow account shall be established with a bank located within 60 miles of Spencer, Indiana. The Administrator of the Plan Commission shall have the authority to draw funds from the account as needed to ensure compliance with the maintenance, indemnification, insurance and abandonment provisions of this chapter. The account may be released or closed upon the discontinuation of the subject WCF and upon demonstration of compliance with all requirements of this subchapter.
(C) The requirements of division (B)(6), (7), (8) and (11) are continuing requirements and are binding on the applicants, their successors and assigns. In the event of a draw of funds, the applicants shall be required to restore the escrow account to its original amount. The applicants, their successors and assigns shall be required to submit documented proof of compliance with the foregoing requirements:
(1) Annually;
(2) When ownership of the facility changes;
(3) When ownership of the WCF site changes;
(4) Prior to the expiration or invalidation of a submitted document; and
(5) Upon any other event that would reasonably call the validity or effectiveness of the original document into question.
(D) The failure to maintain the insurance coverage or the escrow account in the manner required above shall be a violation of this chapter. In addition to all other available remedies, the Administrator or Plan Commission may seek a court order that mandates the maintenance of the coverage or account and/or that immediately and permanently prohibits the use of the WCF until compliance with this subchapter is demonstrated.
(E) Each application for placement of a wireless communications facility or antenna array shall be subject to co-location review, as described in § 155.159 of this subchapter.
(F) In the manner described in § 155.158 of this subchapter, the Planning Department and Plan Commission shall employ, on behalf of the county and at the applicant’s expense, an independent technical expert to review and assess all technical application materials or conclusions.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)