5.2. ERMUSR 03-10-2009 - Laserfiche WebLink

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Policy 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.