A WF shall not, by itself or in conjunction with other WFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such WF shall submit proof of compliance with all applicable radio frequency emissions standards to the Township on an annual basis. If a violation of the aforementioned radio frequency emissions standards is found, the Township may require, upon notice by the owner of the WF that the violation has been cured, independent verification by a third-party inspector at the cost of the owner of the WF.
Inspection. The Township reserves the right to inspect any WF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
Insurance. Each person that owns or operates a macrocell WF shall provide the Township with a certificate of insurance on an annual basis, evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence, property damage coverage in the minimum amount of $5,000,000 per occurrence, and environmental impairment liability coverage in the minimum amount of $5,000,000 per occurrence covering the macrocell WF. Each person that owns or operates a small cell WF shall provide the Township with a certificate of insurance on an annual basis, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, property damage coverage in the minimum amount of $1,000,000 per occurrence, and environmental impairment liability coverage in the minimum amount of $1,000,000 per occurrence covering each small cell WF. Each person that owns or operates a macrocell WF or small cell WF shall have the option to self-insure.
Indemnification. Each person that owns or operates a WF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WF. Each person that owns or operates a WF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. Notwithstanding the foregoing, the obligation to indemnify, hold harmless and defend shall not apply to claims arising from gross negligence by the Township or its contractors.
See
§ 270-5.2Q for complete, detailed information on wireless facilities.