Legal Documents of Sweetwater

1. The provider shall not locate or maintain its communications facilities, PSS/poles and towers so as to unreasonably interfere with the use of the public ROW by authority, by the general public or by other persons authorized to use or be present in or upon the public ROW.
2. Pedestrian and vehicular paths shall not be impeded.
3. The provider shall not locate or maintain its communication facilities, PSS/poles and towers within a sight distance triangle as described in Article IV (4,11 — Vision Clearance) or the zoning code.
4. The provider shall not locate or maintain its communication facilities, PSS/poles and towers so as to block the visibility of traffic control devices (signal heads, video detection cameras, preemption receivers, or signs). The equipment shall not block the access to traffic control equipment or block the view of traffic from existing traffic surveillance cameras.
5. The provider shall refer to the "Manual on Uniform Traffic Control Devices for Streets & Highways" for offsets, setbacks and the American Association of State Highway Transportation Officials (AASHTO) Design Guidelines for line of sight requirements based on speed limit and other factors at each proposed location. These requirements will be applied in locating above ground PSS/poles over eighteen inches (18") in diameter and equipment cabinets over two feet (2') in height.
6. Identification requirements. For the purpose of geo-referencing, each pole shall provide a unique identifier as determined by the authority placed in a visible location.
7. Facilities must meet the National Electric Code standards for separation from other utilities.

1. Colocation. Colocation is recommended when possible except in the case of an existing decorative pole period light. Should the wireless provider not be able to colocate, the wireless provider shall provide justification in the application.
2. Replacing an existing city-owned PSS. City-owned PSS may be replaced for the colocation of small wireless facilities. When replacing a PSS, any replacement PSS must reasonably conform to the design aesthetics of a PSS that is appropriate for that location and must continue to be capable of performing a greater function or, at a minimum, the same function in a comparable manner as it performed prior to replacement.
   1. When a city-owned PSS is replaced, the replacement PSS becomes the property of the city subject to Tennessee Code Annotated, § 13-24-408(e), as amended on the date of replacement.
   2. The city reserves the right to require a streetlight on the new PSS.
3. New poles. Any new PSS that is not a colocation or a replacement of an existing PSS must be approved by the city planner and planning commissioner. New PSSs shall not be permitted to be installed in the rights-of-way in areas in which no utility poles, streetlight poles or PSSs exist at the time of application without prior approval by the city planner and planning commission.
4. Consistency. New small wireless facilities, antennas, and associated equipment shall conform with the design standards of the district in which it is located as listed below. (See § 16-705(1)(c)(iv).)
5. Districts. (See zoning map with historic overlays.)
   1. General commercial.
      1. Facility height:
      2. Maximum ten feet (10') in height above the tallest existing PSS in place in a public ROW that is located within five hundred feet (500') of the new PSS in the public ROW or fifty feet (50') above ground level, whichever is greater.
      3. For a PSS installed in a residential neighborhood, forty feet (40') above ground level.
      4. Pole requirements: Pole type shall be approved by the city planner.
      5. Pole diameter: Pole diameter shall be approved by the city planner.
      6. Size: Antenna fit within an enclosure or no more than six (6) cubic feet in volume and all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume.
      7. Color: Pole color shall be approved by the city planner.
   2. General residential.
      1. Facility height: Twenty-five feet (25') maximum.
      2. Pole requirements: Decorative pole and base or tapered steel pole.
      3. Pole diameter: Max. six inches (6") at height of five feet (5') on pole.
      4. Size: Antenna fit within an enclosure of no more than six (6) cubic feet in volume and all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume.
      5. Color: Black powder-coated.
   3. Historic residential.
      1. Facility height: Twenty-five feet (25') maximum.
      2. Pole requirements: Decorative pole and base.
      3. Pole diameter: Max. six inches (6") at height of five feet (5') on pole.
      4. Size: Antenna fit within an enclosure of no more than six (6) cubic feet in volume and all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume.
      5. Color: Black powder-coated.
   4. Historic commercial.
      1. Facility height: Twenty-five feet (25') maximum.
      2. Pole requirements: Decorative pole and base.
      3. Pole diameter: Max. six inches (6") at height of five feet (5') on pole.
      4. Size: Antenna fit within an enclosure of no more than six (6) cubic feet in volume and all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume.
      5. Color: Black powder-coated.
   5. School zones & parks.
      1. Facility height: Twenty-five feet (25') maximum.
      2. Pole requirements: Decorative pole and base or tapered steel pole.
      3. Pole diameter: Max. six inches (6") at height of five feet (5') on pole.
      4. Size: Antenna fit within an enclosure of no more than six (6) cubic feet in volume and all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume.
      5. Color: Black powder-coated.
6. Overlapping districts. If a proposed location is located within multiple, overlapping districts, the stricter requirements shall rule.
7. Concealment & undergrounding measures.
   1. All conduit, wires and other wireless hardware shall be located inside to the pole.
   2. Unless otherwise agreed to in writing by the authority or otherwise required by applicable laws, whenever any existing electric utilities or communications facilities are located underground within a public ROW, the provider with permission to occupy the same portion of the public ROW shall locate its communications facilities underground at its own expense.
   3. Compliance with underground facilities. Subject to waivers as determined by the Sweetwater Regional Planning Commission, an applicant must comply with existing requirements to place all electric, cable and communications facilities underground in a designated area of a public ROW, as determined by the city's subdivision regulations.
   4. Limits on use of ground-mounted equipment for wireless facilities. Ground-mounted equipment, limited to housing equipment and other supplies in support of the operation of the wireless facility, shall he placed in an underground vault. Where above-ground placement is necessary, a conference and approval by the authority is required. Stealth design shall be employed for above-ground equipment.
8. Attachment to and replacement of decorative poles.
   1. Notwithstanding anything to the contrary in this chapter, an applicant may not install a small wireless facility on an existing decorative pole.
   2. Notwithstanding anything to the contrary in this chapter, an applicant may not replace a decorative pole with a new decorative pole unless the authority has determined, in its sole discretion, that each of the following conditions has been met:
      1. The application qualifies for issuance of a permit under this chapter.
      2. The attachment and/or the replacement pole is in keeping with the aesthetics of the decorative pole/period light, and
   3. Notwithstanding anything to the contrary in this chapter, an applicant may not replace a decorative pole with a new decorative pole or install new above-ground communications facilities in the downtown historic district or the historic residential district unless the authority has determined, in its sole discretion, that each of the following conditions has been met:
      1. The application qualifies for issuance of a permit under the chapter.
      2. The attachment and/or the replacement pole is in keeping with the aesthetics and character of the district.
      3. The attachment meets guidelines of the U.S. Secretary of the Interior Standards for the Preservation of Historic Properties, and
      4. The proposed support structure and wireless facility receives a certificate of appropriateness from the historic zoning commission.
9. Lighting requirements. Whether an applicant shall be required to provide lighting on a proposed PSS and, if lighting is required, the type, height and power of such lighting shall be determined by the city planner and planning commission. Design must replicate existing lighting by district according to § 16-705(1)(c)(iv).
10. Limits on number and location. The limits on the number and location of support structures that may be installed or used:
    1. Where sufficient pedestrian lighting is present, no new freestanding support structures shall be allowed.
    2. Where sufficient pedestrian lighting is present, only replacement structures shall be allowed which include an appropriately designed light pole fixture.
    3. Where insufficient pedestrian lighting exist, a new pedestrian-scale decorative light pole may be considered for installation as a small cell support structure.
11. Aesthetic approach for different types of facilities. Colocations on existing structures shall use a design that limits visual clutter and conceals conduit, mounting brackets and other hardware. No facilities or associated equipment shall be allowed to extend more than twenty-four inches (24") horizontally from a PSS.
12. Additional criteria regarding the location, type and/or design of small cell facilities and utility poles shall be subject to change. All changes shall be made available to the public for thirty (30) days prior to their effective date. This chapter shall apply to all applications that have not been finally approved prior to its adoption. No changes to these standards be retroactive. Facilities approved and for which small wireless facility permits have been issued prior to the effective date of a guideline changed after adoption of this chapter shalt not be affected.

1. The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, PSS/poles, towers or work in or adjacent to the public ROW. Restoration of pavement, sidewalks, landscaping, grass, etc. shall be in accordance with the right-of-way excavation permit application.
2. If the provider fails to timely restore, repair or replace the public ROW as required in this subsection, the authority or its contractor may do so and the provider shall pay the authority's costs and expenses related to such work, including any delay damages or other damages the authority incurs arising from the delay.

1. Within thirty (30) days following written notice from the authority, the provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its communications facilities, PSS/poles, support structures or towers within the public ROW or utility easement, including relocation of above-ground communications facilities underground consistent with the provisions of this chapter, whenever the authority has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any authority improvement, the operations of the authority in, under or upon the public ROW, or otherwise is in the public interest. The provider shall be responsible to the authority for any damages or penalties it may incur as a result of the provider's failure to remove or relocate communications facilities, PSS/poles, support structures or towers as required in this subsection.
2. The authority retains the right and privileges to cut or move any communications, PSS/pole, support structure or tower located within the public ROW of the authority, as the authority may, determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the authority shall notify the provider and give the provider an opportunity to move its own facilities prior to cutting or removing the communications facility PSS/pole, support structure or tower. In all cases, the authority shall notify the provider after cutting or removing the communications facility, PSS pole, support structure or tower as promptly as reasonably possible.
3. A provider shall notify the authority of abandonment of any communications, PSS/pole, support structure or tower at the time the decision to abandon is made, however, in no case shall such notification be made later than thirty (30) days prior to abandonment. Following receipt of such notice, the provider shall remove its communications facility, PSS/pole, support structure or tower at the provider's own expense, unless the authority determines, in its sole discretion, that the communications facility, PSS/pole, support structure or tower may be abandoned in place. The provider shall remain solely responsible and liable for all of its communications facilities, PSS/poles, support structures and towers until they are removed from the public ROW unless the authority agrees in writing to take ownership of the abandoned communications facilities, PSS/poles, support structures or towers.
4. If the provider fails to timely protect, support, disconnect, remove, relocate, change or alter any of its communications facilities, PSS/poles, support structures or towers or remove any of its abandoned communications facilities, PSS/poles, support structures or towers as required in this subsection, temporarily or permanently, the authority or its contractor may do so and the provider shall pass all costs and expenses related to such work including any delay damages or other damages the authority incurs arising from the delay.

1. Worker's compensation and employer's liability insurance. Tennessee statutory requirements.
2. Comprehensive general liability. Commercial general liability occurrence form, including premises operations; independent contractors contractual liability; products completed operations: X.C.U coverage; and personal injury coverage with limits no less than one million dollars ($1,000,000.00) per occurrence combined single limit and ten million dollars ($10,000,000.00) in the aggregate.
3. Commercial automobile liability. Commercial automobile liability coverage for all owned, non-owned and hired vehicles involved in operations under this chapter with limits no less than one million dollars ($1,000,000.00) per occurrence combined single limit each accident.
4. Commercial excess or umbrella liability. Commercial excess or umbrella liability coverage may be used in combination with primary coverage to achieve the required limits of liability.
5. The city shall be designated as an additional insured for ongoing and completed operations under each of the insurance policies required by this section except worker's compensation and employer's liability insurance. Permittee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this section. Permittee shall provide the city with at least thirty (30) days advance written notice of any material changes or cancellation of any required insurance policy or in the case of non-payment of premium, at least ten (10) days written notice of cancellation.
6. Permittee shall impose similar insurance requirements as identified in this section on its contractors and subcontractors.

Indemnification. Each permittee, its consultant, contractor, and subcontractor shall, at its sole cost and expense, indemnify, defend and hold harmless the city, 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 permittee, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation operation, maintenance, removal or abandonment of permittee's wireless system or wireless facilities in the rights-of-way.

Each permittee shall defend any actions or proceedings against the city in which it is claimed that personal injury, including death, or property damage was caused by the permittee's construction, installation, operation, maintenance or removal of permittee's wireless system or wireless system or wireless facilities in the rights-of-way. The obligation to indemnify and hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities damages, reasonable attorney's fees, reasonable expert fees, court costs and all other reasonable costs of indemnification.