|
47
<br />15) If the modification or antenna array Collocation is thirty (30') feet or
<br />more above ground level, then a signed document such as the FCC's
<br />"Checklist to Determine whether a Wireless support structure may be
<br />Categorically Excluded" shall be provided to verify that the modification
<br />or antenna array co-location will fully comply with the current FCC's RF
<br />emissions regulations. If not categorically excluded, a complete RF
<br />emissions study is required to enable compliance verification, including
<br />providing all calculations so that such may be verified prior to issuance
<br />of a Building Permit;
<br />16) If any section or portion of the structure to be attached to is not in
<br />compliance with the FCC's regulations regarding RF .radiation, that
<br />section or portion must be barricaded with a suitable barrier to
<br />discourage approaching into the area in excess of the FCC's
<br />regulations, and be marked off with yellow and black striped warning
<br />tape or a suitable warning barrier, as well as placing RF radiation signs
<br />as needed and appropriate to warn individuals of the potential danger;
<br />17) A signed statement that the applicant will expeditiously remedy any
<br />physical or RF interference with other telecommunications or wireless
<br />devices or services caused by the new installation.
<br />18) The applicant shall provide a certification by a Professional Engineer
<br />licensed in the State, along with documentation (a structural analysis),
<br />including calculations, that prove that the wireless support structure and
<br />its foundation as proposed to be utilized are designed and were
<br />constructed to meet all County, State, federal and ANSI structural
<br />requirements for loads, including wind and ice loads and the placement
<br />of any equipment on the roof a building after the addition of the
<br />proposed new facilities.
<br />19) Any application that proposes to locate a facility on County owned or
<br />leased property shall contain a provision with respect to indemnification.
<br />Such provision shall require the applicant, to the extent permitted by
<br />law, to at all times defend, indemnify, protect, save, hold harmless, and
<br />exempt the County, and its officers, boards, employees, committee
<br />members, attorneys, agents, and consultants from any and all penalties,
<br />damages, 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 at law
<br />or in equity, which might arise out of, or are caused by, the placement,
<br />construction, erection, modification, location, performance, use,
<br />operation, maintenance, repair, installation, replacement, removal, or
<br />restoration of said facility, excepting, however, any portion of such
<br />claims, suits, demands, causes of action or award of damages as may
<br />be attributable to the negligent or intentional acts or omissions of the
<br />County, or its servants or agents. With respect to the penalties,
<br />damages or charges referenced herein, reasonable attorneys' fees,
<br />consultants' fees, and expert witness fees are included in those costs
<br />that the County can recover. Notwithstanding the requirements noted
<br />above, an indemnification provision will not be required in those
<br />
|