§ 44-6. Special requirements for telecommunications facilities located on public property or public-use structures.
In addition to other requirements set forth in this chapter, including those related to obtaining a conditional use permit and a telecommunications facility building permit, a telecommunications provider requesting to place or collocate one or more telecommunications structures on property owned, leased, or otherwise controlled by the board of commissioners shall comply with the following:
(1)
General requirements.
a.
The applicant shall obtain adequate liability insurance naming the county as an insured, commit to a lease agreement that includes equitable compensation for the use of public land, and other necessary provisions and safeguards, as deed necessary by the board of commissioners. The board of commissioners shall establish fees after considering comparable rates in other areas, potential expenses, risks to the county, and other appropriate factors.
b.
The applicant shall submit a letter of credit, performance bond, or other security acceptable to the board of commissioners to cover the costs of removing the facility in the event the owner of the facility fails to do so.
c.
The applicant shall agree that upon reasonable notice by way of certified mail to the owner/operator or the registered agent of same, the board of commissioners may require that the applicant, at the applicant's sole expense, remove the facility and return the site to its original condition within 120 days of receipt of such notice.
d.
The applicant shall reimburse the county for any costs, including, but not limited to, reasonable attorney fees, that the county incurs due to the presence of the applicant's facility.
e.
The applicant shall demonstrate that the telecommunications facility will not interfere with the intended purpose for which the public property is owned.
f.
The applicant shall demonstrate that the facility will have minimal adverse impact on surrounding private property.
(2)
Special requirements for facilities located on places of public gathering. The use by telecommunications providers of publicly owned parks, recreational facilities, and places of public gathering brings with it special concerns due to the unique nature of these sites. The placement of telecommunications facilities in such locations shall be allowed only when the following additional requirements are met:
a.
The county parks and recreation department shall review and make a recommendation to the planning commission and commissioner regarding the locating of the proposed telecommunications facility within the park, and, in reaching a decision to approve or to deny locating at such site, this recommendation must be given great weight by the planning commission and commissioner.
b.
In no case shall a telecommunications facility be permitted to be located within areas designated conservation or environmentally sensitive unless they are collocated on existing facilities.
c.
A telecommunications facility may be located in public parks adjacent to residential areas only if the parks are of a sufficient scale and character to accommodate the facility without adverse environmental or visual impact or disruption of normal public use and meets all other applicable requirements of this chapter.
d.
A telecommunications facility may be located in public parks that are adjacent to an existing area designated for commercial or industrial use and only if the parks are of a sufficient scale and character to accommodate the facilities without adverse environmental or visual impact or disruption of normal public use.
e.
A telecommunications facility may be located in park maintenance facilities.
f.
A telecommunications facility shall be sited so as to have the least impact upon views and vistas.
g.
A telecommunications facility shall be sited so as to have the least impact upon operation, maintenance, enjoyment, and safety in parks.
(Res. of 7-29-2002, § 17.6; Ord. of 12-7-2004, art. XVII, § 17.6)