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MapLink™ | Procedures | Insurance and Compliance

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Insurance and Compliance
Insurance.
(1) Minimum coverages. Each PWSF permittee shall maintain in full force and effect, throughout the term of a PWSF permit, an insurance policy or policies. Such policy or policies shall, at a minimum, afford insurance covering all of the permittee's operations, as follows:
(a) Commercial general liability insurance with limits of insurance of not less than $1,000,000 each occurrence and $3,000,000 annual aggregate for bodily injury and property damage, including contractual liability, personal injury, products and completed operations.

(b) Commercial umbrella insurance with limits of not less than $5,000,000.

(c) Pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence and $3,000,000 annual aggregate, with any deductible not to exceed $25,000 each occurrence.

(2) Other insurance requirements.
(a) Said policy or policies shall include the Town and its officers and employees as additional insureds.

(b) Said policy or policies shall be endorsed to provide 30 days' advance written notice of cancellation or any material change to the Town.

(c) Should any of the required insurance be provided under a claims-made form, a permittee shall maintain such coverage continuously throughout the term of a personal wireless service facility permit, and, without lapse, for a period of three years beyond the expiration or termination of the permit, to the effect that, should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims-made policies.
 
(3) Proof of Insurance. Before the Town will issue a personal wireless service facility site permit, a permittee shall furnish to the Town certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of New York and that are satisfactory to the Town evidencing all coverages set forth in this Subsection V.

Compliance required. A PWSF must comply at all times with:
(1) All conditions imposed on any site plan approval, special permit approval, and variances;

(2) Its PWSF permit, all relevant requirements of this § 270-219, all other relevant requirements of this Chapter 270 (unless expressly superseded by this § 270-219), and all other relevant Ithaca Town Code requirements; and

(3) All relevant federal statutory and regulatory requirements, including but not limited to applicable FCC maximum permissible exposure (MPE) limits for general population/uncontrolled exposure codified in 47 CFR 1.1310(e)(1), Table 1, or any successor regulation.

See § 270-219: Personal wireless service facilities for complete, detailed information.