A. Towers that are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days from date of written notification. Towers and grounds which are not maintained for a period of six (6) months or more, as agreed to in the site plan agreement, shall be removed by the owner within ninety (90) days from date of written notification.
B. To assure the removal of towers which are one hundred feet (100') or greater in height above the ground, which have not been maintained or have been abandoned, a performance bond, cash, letter of credit, or other approved security shall be submitted for each tower. The amount of the bond, cash, letter of credit, or other approved security shall be based on an estimate provided by a contractor licensed in the state of Wyoming, who shall estimate the cost of removing the tower. This estimation shall be provided in writing and submitted with the application. There will be a ten percent (10%) contingency fee added to the contractor's estimate. In the event the owner shall fail to remove any tower not maintained or abandoned, as provided in this section, the town shall have the right to enter the premises and remove such tower without further notice to owner, in which event, all removal costs shall be charged against the bond or security and the owner until satisfied.
C. All towers shall be covered by a general liability insurance policy in an amount not less than five hundred thousand dollars ($500,000.00).
D. The town reserves the right to enter upon and disconnect, dismantle or otherwise remove any tower or telecommunications facility should same become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the mayor or his designee, such as natural or manmade disasters or accidents, when the owner of any such facility is not available to immediately remedy the hazard. The town shall notify any such owner of any such action within twenty four (24) hours. The owner and/or operator shall reimburse the town for the costs incurred by the town for action taken pursuant to this section.
E. To enable the town to keep accurate, up to date records of the placement of telecommunication towers and facilities within city limits, at the time the work on the facility or tower is completed, and before operation begins, the owner/operator of the tower shall submit documentation to the city's building department providing:
1. Certification in writing that the tower is structurally sound and conforms to the requirements of the town's building code and all other construction standards set forth by this code, federal and state law by filing, a sworn and certified statement by an engineer to that effect. The tower owner may be required by the town to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The certification must be based upon on site physical inspection;
2. The number of providers located on the tower, the type and use of any antenna located on the tower, and the name, address and telephone number of any owner, if there has been a change of ownership of the tower;
3. An initial payment of a registration fee which shall be in addition to any franchise fee paid by owner or operator of the tower or facility, for all towers or facilities located within the town, shall be required and shall be submitted to town clerk at the time of submission of the documentation, as required in subsections E1 and E2 of this section;
4. An annual registration payment, which shall be in addition to any franchise fee paid by the owner or operator of the tower or facility, for all towers or facilities located within the town shall be required and submitted to the community development department no later than July 1 of each year, and shall include a written certification stating that the data submitted pursuant to subsection E1 of this section is current as of the date of payment, and if not current, stating any changes therein. In the event the owner does not fulfill the annual registration requirement or does not pay the annual registration fee, the owner shall remove such tower within ninety (90) days of written notification. In the event the owner shall fail to remove such tower, as provided in this section, the city shall have the right to enter the premises and remove the tower without further notice to owner, in which event, all removal costs shall be charged against the bond or security and the owner until satisfied, as provided in subsection B of this section.
5. The town reserves the right upon reasonable notice to the owner/operator of the tower to conduct inspections for the purpose of determining whether the tower, equipment, and/or related buildings comply with all provisions of this code, the applicable building codes, or all other construction standards provided by local, state, or federal law. (Ord. 2012-1, 4-17-2012)