14.44.140 Telecommunications facilities — Standard agreements required.
A. A maintenance/facility removal agreement signed by the applicant shall be submitted to the planning director prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunication tower, one or more new buildings/ equipment enclosures larger in aggregate than three hundred square feet, more than three satellite dishes of any size, or a satellite dish larger than four feet in diameter. Said agreement shall bind the applicant and the applicant’s successors-in-interest to properly maintain the exterior appearance of and ultimate removal of the facility in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the city for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the city and/or its agents to enter onto the property and undertake said work so long as:
1. The planning director has first provided the applicant the following written notices:
a. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least forty-five calendar days to complete it; and
b. A follow-up notice of default specifying the applicant’s failure to comply with the work within the time period specified and indicating the city’s intent to commence the required work within ten working days.
2. The applicant has not filed an appeal pursuant to Section 14.44.350 within fourteen working days of the notice required under Section 14.44.140(A)(1) above. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it taken in favor of the city;
3. All costs incurred by the city to undertake any work required to be performed by the applicant pursuant to the agreement referred to in Section 14.44.140 including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within ten working days of written request therefor such costs as the city reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional moneys shall be deposited as needed within ten working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunications facility involved if the applicant fails to pay the moneys demanded within ten working days. It shall further require that operation remain suspended until such costs are paid in full.
B. Standard agreement required by Section 14.44.140(A) shall be accompanied by the payment of a fee, as established by resolution of the city council, into a trust fund established to cover expenditures for the removal, screening, enhancement or similar activities relating to the existence of telecommunications facilities within the city.
C. Standard agreement required by Section 14.44.140(A) shall include, but not be limited to, the following stipulations agreed to by the applicant:
1. Telecommunications facilities lessors shall be strictly liable for any and all sudden and accidental pollution and gradual pollution resulting from their use within the city of Petaluma. This liability shall include cleanup, intentional injury or damage to persons or property. Additionally, telecommunication facilities lessors shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, include smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
2. The telecommunications facility provider shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the provider(s) of any such claim, action or proceeding. The city shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney’s fees and costs, and the city defends the action in good faith.
(Ord. 2029 NCS (part), 1996.)