§ 172-62. Leasing county-owned property for telecommunications towers.

(a)

The purpose of this section is to establish general requirements for the leasing of real property owned by Fulton County for the siting of telecommunications towers and antennas. The board of commissioners finds that leasing county-owned property may:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where any potential adverse impact on the community is minimal; and

(4)

Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively and efficiently.

(b)

Subject to approval by the board of commissioners, a lease agreement entered into with a telecommunications provider shall generally make provision for the following:

(1)

The telecommunications provider shall construct, own and maintain the tower at its own expense. The tower shall be a monopole design or an alternative tower structure, such as a manmade tree, clock tower, bell steeple, lightpole or similar alternative-design mounting structure that camouflages or conceals the presence of antennas or towers.

(2)

The lease agreement shall, in a manner consistent with the applicable provisions of article XIX of the Zoning Resolution of Fulton County, provide for setbacks, specified fencing, or vegetative or other buffering, or any combination of the three, if Fulton County determines it necessary to make the tower structure less obtrusive to surrounding properties.

(3)

Should Fulton County determine that the tower site is desirable for co-location of antennas of third party telecommunications providers, the lease agreement shall provide that any tower constructed by the telecommunications provider shall have space for multiple antennas.

(4)

The telecommunications provider shall pay a customary rent which shall be recommended by Fulton County staff for all but the most unusual county-owned tower sites. The rent payable by the telecommunications provider shall be increased when either an additional use, or an additional antennas belonging to a third party provider, is added to the tower.

(5)

Prior to execution of any lease agreement, the telecommunications provider shall submit to the Fulton County Data Processing Department a letter of intent to lease the applicable premises and a proposed preliminary site plan for the premises. County staff shall thereafter determine the terms and conditions of any lease agreement which it will recommend to the board of commissioners, and the telecommunications provider shall have 45 days after mailing to it of notification of such terms and conditions in order to accept or reject them. The telecommunications provider shall, within 60 days of execution of the lease agreement, provide to Fulton County a proposed site plan and a boundary survey of the leased premises, plus a survey of any parent tract which is five acres or less in size, if determined necessary by Fulton County staff. Fulton County shall have 30 days after receipt of the site plan and surveys to approve or reject the site plan and surveys.

(6)

The telecommunications provider shall agree in advance to necessary changes to ingress and egress (at no cost to Fulton County) which may be later reasonably required by Fulton County. If a change in ingress and egress is necessary, Fulton County, where reasonably possible, will avoid the relocation of underground utilities which have been installed by the telecommunications provider. The telecommunications provider shall be guaranteed appropriate ingress and egress for the life of the lease agreement.

(7)

The lease agreement shall provide for removal of the tower and accessory structures by the telecommunications provider at the close of the lease or in the case of abandonment of the tower. The agreement shall further require that the lessee secure an environmental audit at the close of the final lease term, share the results with Fulton County, and remediate any hazardous waste or toxic substance contamination caused by the telecommunications provider or its assignees, subtenants or licensees. Fulton County may require a performance bond or other security for the purpose of securing the performance of the terms and conditions of the lease agreement.

(8)

The lease agreement shall not prevent the sale of the subject property by Fulton County, provided that any such sale shall be subject to the lease agreement.

(9)

Prior to preparation of the lease agreement, Fulton County staff shall ensure that the proposed use of county property for a telecommunications tower will not conflict with any utilization of the property by Fulton County.

(10)

Prior to preparation of the lease agreement, the need of county departments for space on the proposed tower shall be evaluated by Fulton County.

(11)

The lease agreement shall provide for indemnification of Fulton County, including indemnification for damages or claims resulting from the lessee's use or production of hazardous or toxic materials on the premises, in a form satisfactory to the county attorney.

(12)

The lease agreement shall require the lessee to comply with all applicable federal, state and local ordinances, regulations and statutes, and shall provide that Fulton County may review and approve all construction plans and specifications prior to construction of the tower. All such construction plans and specifications shall be sealed and countersigned by a registered professional engineer.

(13)

The lease agreement shall require insurance, including, but not limited to, coverage for public liability and property damage, in a form and amount satisfactory to Fulton County.

(14)

Fulton County shall have the right to approve the assignment of the lease agreement to any third party, and shall further have the right to require a performance bond or other security from any such third party for the purpose of securing the performance of the terms and conditions of the lease agreement, including removal of the tower and related facilities and structures at the conclusion of the lease. At a minimum, Fulton County shall reserve the right to approve any additional use or antenna proposed to be located on the telecommunications tower, and the third party owner of any additional antenna shall provide for indemnification of Fulton County, including indemnification for damages or claims resulting from the antenna owner's use or production of hazardous or toxic materials on the premises, in a form satisfactory to the county attorney. If the tower is designed to accommodate multiple antennas, the lessee shall be required to notify Fulton County within 20 days of any third-party offer made to the lessee for co-location of an antenna upon the tower.

(15)

Duly-notice public hearings shall be held by the planning commission and the board of commissioners prior to approval of any tower lease agreement. The planning commission shall review the proposed lease for compliance with paragraph (b) of this section relating to setbacks, fencing, and buffering, and shall report its recommendation to the board of commissioners.

(c)

Notice of the public hearings shall be given at least 15 days prior to the date of the planning commission hearing and shall be published in a newspaper of general circulation. The development services department shall post a sign in a conspicuous location on each public street frontage of the subject property, and shall give notice by regular mail to all property owners within 300 feet of the boundaries of the property who appear on the tax records of Fulton County. The published notice shall contain the times, places, and purpose of the planning commission and board of commissioners hearings and the location of the property. Notice shall not be considered inadequate if the signs are removed or mail not delivered.

(96-1115, § 2, 10-16-96; Res. of 5-7-97, § 2)