A. Requirement of Insurance. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Township Secretary, upon request, and as provided herein.
B. No Payment or Reimbursement. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The Township shall not provide direct payment or reimbursement to persons for the costs of maintaining the required insurance coverages. The Township shall not provide direct payment or reimbursement to persons for the costs of furnishing the required insurance coverages.
C. Specified Minimum Insurance Ratings, Registration, and Additional Endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of “Rated A VII or Better” from the A.M. Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall name the Township of Smithfield as an additional insured by endorsement on the certificate(s) of insurance.
D. Furnishment of Certificates Prior to Commencement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish certificates of insurance to the Township Secretary evidencing coverage in compliance with the regulations herein. The failure of the Township of Smithfield to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by the Township of Smithfield.
E. Revocation of Permit. The failure of any person to construct, operate, or remove a wireless communications facility without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the Township reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.
F. Minimum Insurance Requirements. Each person that owns or operates a tower-based, non-tower, or small wireless communications facility shall maintain the following minimum insurance coverages:
(1) Worker’s compensation and employers liability policy, covering operations in Pennsylvania. Waiver of subrogation to be included with documentation provided to the Township Secretary.
(2) Commercial general liability policy, with limits of no less than $1,000,000 each occurrence, per WCF location and $2,000,000 general aggregate, per WCF location, with limits for bodily injury and property damage, and shall include the following coverages and endorsements:
(a) Premises and operations;
(b) Products/completed operations;
(c) Independent contractors;
(d) Personal and advertising injury;
(e) Blanket contractual liability;
(f) Explosion, collapse, underground liability (XCU);
(g) Township of Smithfield and their assigns, officers, employees, volunteers, representatives and agents should be named as an “additional insured” on the policy using ISO Additional Insured Endorsement CG 20 10 11/85 or an endorsement providing equivalent or broader coverage and shall apply on a primary and noncontributory basis, including any self-insured retentions;
(h) The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached;
(i) To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against the Township of Smithfield, assigns, officers, employees, volunteers, representatives and agents;
(j) Cross liability coverage (commercial general liability and business automobile liability policies only);
(k) Coverage must be written on an Occurrence Policy Form;
(l) No deductible or self-insured retention should exceed $50,000.
(3) Comprehensive automobile policy, with limits of no less than $1,000,000. Bodily injury and property damage liability including coverage for owned, any auto nonowned, and hired private passenger and commercial vehicles. The Township of Smithfield and their assigns, officers, employees, representatives and agents should be named as an “additional insured” on the policy. The certificate of insurance should show this applies to the automobile liability coverage on the certificate, and additional insured endorsement shall be attached. To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against the Township of Smithfield, assigns, officers, employees, representatives and agents. Coverage must apply on a primary and noncontributory basis.
(4) Umbrella liability, with limits of no less than $5,000,000 each occurrence per WCF location and $5,000,000 general aggregate per WCF location, including coverage for general liability, automobile, worker’s compensation. Coverage must be written on an Occurrence Policy Form and include provisions “G” and “H.”
(5) Professional liability (if applicable), with limits no less than $1,000,000 per claim.
G. Increasing the Minimum Insurance Requirements. The minimum insurance requirements specified herein may be increased upon the review and determination of the Township Board of Supervisors.
H. Notice Prior to Cancellation or Expiration of Insurance. The certificate(s) of insurance shall provide that 30 days’ written notice prior to cancellation or expiration be given to the Township Secretary via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Township Secretary no less than 30 days prior to expiration or cancellation of the respective policy.
I. Requirement to Indemnify and Hold Harmless. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF 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 each of its WCF.
J. Requirement to Defend. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF 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 each of its WCF. 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.
K. Indemnification and Hold Harmless Agreement Requirement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish an “Indemnification and Hold Harmless Agreement” to the Township Secretary.
See
§ 27-512: Wireless Communications Facilities for complete, detailed information.
