|
October 19, 2005 Plan Commission Minutes Page 9 of 16
<br />seek any monies or damages from the City in connection with the above-
<br />mentioned matter.
<br />(2) Indemnify and hold harmless the City of University City, its elected and
<br />appointed officers, agents, and employees, from and against any and all
<br />claims, demands, or causes of action, and the resulting losses, costs,
<br />expenses, reasonable attorneys' fees, liabilities, damages, orders,
<br />judgments or decrees, sustained by the City or any third party arising out
<br />of, or by any reason of, or resulting from the telecommunications facility
<br />owner's, operator's, agent's, or employee's negligent acts, errors, or
<br />omissions.
<br />l. Insurance. The applicant shall submit a statement that he/she will procure adequate
<br />insurance, as determined by the Plan Commission and approved by City Council, to
<br />cover liability, bodily injury, and property damage. The insurance shall cover, but not
<br />be limited to, the site, and to the facility and its operation. Proof of such insurance
<br />must be submitted to and approved by the Zoning Administrator after the application
<br />.
<br />for a conditional use permit has been approved, but before the permit is issuedThe
<br />City of University City shall be named as an additional insured.
<br />m. Quiet within Abutting Property. All wireless telecommunications facilities shall be
<br />designed, located and operated to avoid interference with the quiet enjoyment of
<br />abutting residential, school, and park properties, and, at a minimum, shall be subject
<br />to any noise standard contained in the University City Municipal Code. Where the
<br />Zoning Administrator finds that noise associated with such facilities may have a
<br />detrimental effect at a location off the site, the administrator may require an
<br />independent acoustic analysis, at the expense of the operator, to identify appropriate
<br />mitigation measures. Failure to institute any required mitigation measures, or any
<br />violation of noise standards, may be cause for the Zoning Administrator or the City
<br />Council to initiate a procedure for revocation of the conditional use permit, per
<br />Section 34-133.4 of this code.
<br />
<br /> Except for emergency repairs, testing and maintenance activities that will be audible
<br />beyond the property line shall only occur between the hours of 8:00 a.m. and 7:00 p.m. on
<br />Monday through Friday, excluding holidays. All air-conditioning units or any other
<br />electrical equipment that may emit noise that could be audible from beyond the property
<br />line shall be enclosed or equipped with noise attenuation devices. Backup generators shall
<br />only be operated during periods of power outages or for testing.
<br />
<br /> n. Equipment Shelter. The equipment shelter shall be designed to be architecturally
<br />compatible with existing structures on the site and in the area and shall be as compact in
<br />size as technically feasible.
<br />
<br /> o. Facility Modifications. Any major modification of an existing facility or the activation
<br />of any additional permitted channels, shall require monitoring, per Subsection 7 below.
<br />
<br />K:\WPOFFICE\WPDATA\m-10-19-2005.plc.final.wpd
<br />
<br />
|