Orange County NC Website
7 <br />the extent permitted by law, to at all times defend, indemnify, <br />protect, save, hold harmless, and exempt the County, and its <br />officers, boards, employees, committee members, attorneys, <br />agents, and consultants from any and all penalties, damages, <br />costs, or charges arising out of any and all claims, suits, <br />demands, causes of action, or award of damages, whether <br />compensatory or punitive, or expenses arising there from, either <br />at law or in equity, which might arise out of, or are caused by, <br />the placement, construction, erection, modification, location, <br />performance, use, operation, maintenance, repair, installation, <br />replacement, removal, or restoration of said facility, excepting, <br />however, any portion of such claims, suits, demands, causes of <br />action or award of damages as may be attributable to the <br />negligent or intentional acts or omissions of the County, or its <br />servants or agents. With respect to the penalties, damages or <br />charges referenced herein, reasonable attorneys' fees, <br />consultants' fees, and expert witness fees are included in those <br />costs that the County can recover. Notwithstanding the <br />requirements noted above, an indemnification provision will not <br />be required in those instances where the County itself applies <br />for and secures a Special Use Permit for a wireless facility. <br />e) Applications for administrative approval of telecommunication <br />wireless facilities shall demonstrate compliance with the following <br />design criteria: <br />1) In order to protect the nature and character of the community <br />wherein the facility is proposed, and in order to create the least <br />visually intrusive impact reasonably possible, any antenna <br />attachment to a building or other structure with a facie shall be <br />mounted on the facie, unless it can be proven that such <br />attachment will prohibit or have the effect of prohibiting the <br />provision of wireless service, and all antenna attachments and <br />exposed cabling shall use camouflage or stealth techniques to <br />match as closely as possible the color and texture of the <br />building or other structure. <br />2) If an antenna is proposed to be attached to a water tank, then in <br />order to maintain the current profile and height of the tank, the <br />antenna mounting on the top of the tank or the use of a corral <br />shall only be permitted if the applicant can demonstrate that to <br />locate elsewhere will prohibit or have the effect of prohibiting the <br />provision of service. <br />3) So as to be the least visually intrusive wireless support structure <br />reasonably possible, and thereby have the least adverse visual <br />effect and create the least intrusive or lowest profile or visual <br />silhouette reasonably possible, all antennas attached to a tower <br />or other structure shall be flush mounted or as near to flush <br />mounted as is possible without prohibiting or having the effect of <br />i <br />