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5.2. ERMUSR 03-10-2009Policy Sta#ement Regarding the Use. of Utility Owned Land for Communication Antennas and Towers 1. Introduction The Elk River Municipal Utilities has received requests from. communication providers and others to place communication antennas and towers on Utility owned property.- Elk River Municpal UBlities has determined that a uniform policy for reviewing these requests is desirable. 2. Priority of Users Priority for the use of Utility owned land for communication antennas and towers will be given to the following entities in descending order: 1.EIk River Municipal Utilities; 2.Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the Elk River Muniapal Utilities and private entities with a public safety agreement with the Elk River Municipal Utilities ; 3.Other governmental agencies, for uses which are not related to public safety; and, 4.Entities providing licensed commercial communication services including cellular, personal communication services (PCS), specialized mof~ilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 3. Minimum Requirements The placement of communication antennas or towers on Utility owned property must comply with. the following requirements. 1. The antennas or tower will not interfere with the purpose for which the U41ity owned property is intended; 2. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the Utilities after considering comparable rates in other sties, potential expenses, risks tothe Elk River Municipal Utilities, and other appropriate factors; 3. -The applicant will submit a letter of credit, performance bond, or other security acceptable to the Utilities to cover the costs of the antenna ortower's removal; 4. The antennas or tower will not intertere with other users who have a higher priority as discussed in Section 2 and issues must be fixed within 72 flouts of detection; 5. Upon reasonable notice, the antennas or tower may be required to be removed atthe user's expense. 6. The applicant must reimburse the Utilities for any costs which it incurs because of the presence of the applicant's antennas or tower and, 7. The user must obtain all necessary land use approvals. 8. The primary function of the water tower sites is for water storage and these tanks require maintenance and up-keep. Utilities will give a 30 day notice to applicants and applicant may need to have temporary alternative measures for antenna sight if Utilities has maintenance to perform on the tower site. 9. Applicant must follow all OSHA standards. 10. No advertising of any sort on site. 11. Annual inspection permit costs will be paid for by the applicant, documents must be provided by the Utilities and inspection completed by a certified structural engineer. 4. Special Requirements The use of certain Utility owned property, such as water tower sites, for communication antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of communication antennas or towers on these special Utility owned sites will be allowed only when the following additional requirements are met. A. Water Tower or Reservoir Sites -The Utility's water towers and reservoirs represent a large public irnestment in water pressure stabilization and peak capacity reserves. Protection of the quality of the Utility's water supply is of prime importance to the Utilities. As access to the .Utility's water storage systems increases, so too increases the potential for contamination of the public water supply. For these reasons, the placement of communication antennas or towers on water tower or reservoir sites will be allowed only when the Utilities is fully satisfied that the following requirements are met. 1.The applicant's access to the faality will not increase the risks of contamination to the Utilities' water supply; 2.There is sufficient room on the structure and/or on the grounds to accommodate the applicant's faality; 3.The presence of the faality will not increase the water tower or reservoir maintenance costs to the Utilities; 4.The presence of the faality will not be harmful to the health of workers maintaining the water tower or reservar. S.Any new structural building on the utility property must be an underground structure (vault). The access hatch may protrude above the ground, but may be no more than 12 inches above ground and no larger than 4' x 6'. Installation and. maintenance and cost will be managed by the applicant & be approved by both a structural engineer and Utilities. 6.EIk River Utilities. will furnish power to the meter. The applicant must pay for any electrical costs after the meter including usage and installation following Elk River electrical code. 7.Any communication. antenna or tower on Utility owned property must adhere to and not increase the FAA established standards for that site. 8.Any maintenance or work done on the site will be done to Elk. River Utilities standards. 5. Application Process All applicants who wish to locate a communication antenna or tower on Utility owned property must submit to the Utility Manager a completed application and detailed plan that complies with the submittal requirements of the Zoning Ordinance along with other pertinent information requested by the Utility. Granted applications will have a contract set in place between the two parties that has a set end date. At the end of the contract, the applicant must go through a renewal process and put in place a new contract with the Utilities. 6. Termination The Elk River Utilities may terminate any lease if it determines that any one of the following conditions exist: 1. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; 2. A user's frequency broadcast unreasonably interferes with other users of a higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or, 3. A user violates any of the standards in this policy or the conditions attached to the Utility's permission. Before taking action, the Utilities will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the Utilities regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the Elk River Utilities reserves the right to deny, for any reason, the use of any or all Utility owned property by any one or all applicants.