ERMUSR HANDOUT #1 12-15-2009~al~s1~~
Policy Statement
Regarding the-Use of Utility Owned Land for Communication Antennas and Towers
I. Introduction
The Elk River Municipal Utilities ("Utilities") has received requests from communication
providers and others to place communication antennas and towers on Utility owned property.
Utilities has determined that a uniform policy for reviewing these requests is desirable.
II. Priority of Users
Priority for the use of Utilities owned land for communication antennas and towers will be given
to the following entities in descending order:
Elk River Municipal Utilities;
2. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the Elk River Municipal 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 mobilized radio
(SMR}, enhanced specialized mobilized radio (ESMR), paging, and similar
services that are marketed to the general public.
III. Minimum Requirements
The placement of communication antennas or towers on Utilities owned properties must comply
with the following requirements.
The antennas or tower will not interfere with the purpose for which the Utilities
owned property is intended.
2. The applicant obtains adequate liability insurance and executes a lease agreement
which includes equitable compensation for the use of public land and other
necessary provisions and safeguards. Lease rates shall be established by the
Utilities after considering comparable rates in other cities, potential expenses,
risks to the Utilities, and other appropriate factors.
The applicant submits a letter of credit, performance bond, or other security
acceptable to the Utilities to cover the costs of the antenna or tower's removal.
4. The antennas or tower will not interfere with other users who have a higher
priority pursuant to Section II above.
The applicant must reimburse Utilities for any costs which it incurs to evaluate
and approve a request to locate on Utilities property, as well as any costs incurred
because of the presence of the applicant's antennas or tower on Utilities property.
6. The applicant must obtain all necessary land use and other governmental
approvals.
7. Applicant must follow all OSHA standards.
8. No advertising of any sort will be allowed on Utilities owned property.
9. The primary function of water tower sites is for water storage. Water tanks
require maintenance and up-keep. Lease agreements will provide fora 90-day
notice to applicants if antennas or towers need to be removed for maintenance or
other purposes. Such removal will be at applicant's expense.
10. Utilities reserves the right to require annual inspections of antennas or towers at
the applicant's expense by a certified structural engineer.
IV. Special Requirements for Water Tower or Reservoir Sites
Utilities water towers and reservoirs represent a large public investment in water pressure
stabilization and peak capacity reserves. Protection of the quality of Utilities water supply is of
prime importance to Utilities. As access to Utilities 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.
The applicant's access to the facility will not increase the risks of contamination
to Utilities water supply.
2. There is sufficient room on the structure and/or on the grounds to accommodate
the applicant's facility.
3. The presence of the facility will not increase the water tower or reservoir
maintenance costs to Utilities.
4. The presence of the facility will not be harmful to the health of workers
maintaining the water tower or reservoir.
5. Any new structure or building on Utilities property must be approved by Utilities
and the City of EIk River. Utilities reserves the right to require applicants to
locate in a structure constructed and maintained by Utilities.
2
o. 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 Utilities owned property must adhere to
FAA established standards for the site.
Any maintenance or work done on the site will be done to Utilities standards.
V. Application Process
All applicants who wish to locate a communication antenna or tower on Utilities owned property
must submit to the Utilities Manager a completed application and detailed plan that complies
with the submittal requirements of the Zoning Ordinance along with other pertinent information
requested by Utilities. Granted applications will be subject to execution of a Lease for a fixed
term between Utilities and the applicant. At the end of the lease, the applicant will be required to
go through a renewal process and put in place a new lease with Utilities.
VI. Lease Rates
Lease Rates will be determined for each case based on the equipment needed, space required and
other considerations and requirements.
VII. Termination
Lease agreements will provide that Utilities may terminate the 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 applicant's use;
2. A user's 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
A user violates any of the standards in this policy or the conditions attached to
Utilities permission.
Before taking action, Utilities will provide notice to the user of the intended termination and the
reasons for it, and provide 90 days for the applicant to have an opportunity to address Utilities
regarding the proposed action. This procedure need not be followed in emergency situations.
VYII. Reservation of Right
Notwithstanding the above, Utilities reserves the right to deny, for any reason, the use of any
Utilities owned property by any applicant.
GP:2696939 v2
4