(A) Revocation of permit. A permit to install small cell wireless facilities issued pursuant to this chapter shall be revoked upon the occurrence of any of the following events:
(1) The permitted small cell wireless facilities are not operational within one year after the date of issuance;
(2) The wireless provider or the permitted small cell wireless facilities violate the terms or conditions of this chapter, any applicable agreement with the village, any permit issued by the village, applicable codes or any relevant provision of state or federal law, and such violations are not corrected within 30 days after receiving written notice from the village;
(3) After the permitted small cell wireless facilities become operational, the wireless provider discontinues the use of the small cell wireless facilities for a period of 180 consecutive days;
(4) The wireless provider fails to renew the permit, or the permit otherwise expires by its own terms; or
(5) The wireless provider voluntarily requests that a permit be terminated.
(B) Removal of facilities; restoration.
(1) A wireless provider shall remove all small cell wireless facilities, utility poles and wireless support structures, and shall restore the site to its pre-installation condition within 45 days after receiving written notice from the village that a permit issued pursuant to this chapter has been revoked.
(2) If the wireless provider does not complete removal and restoration within 45 days after receiving such notice, the village shall have the right, but not the obligation, to complete the removal and restoration and assess the costs and expenses against the wireless provider, including, without limitation, any administrative costs.
(3) If the village exercises its right to effectuate removal and restoration, the wireless provider shall pay to the village the costs and expenses incurred by the village in performing any removal work and any storage of the wireless provider's property after removal (including any portion of the small cell wireless facilities) within 15 business days of the date of a written demand for this payment from the village. The village may, in its discretion, obtain reimbursement for the above by making a claim under the wireless provider's performance bond. After the village receives the reimbursement payment from the wireless provider for the removal work performed by the village, the wireless provider may obtain the property belonging to the wireless provider and removed by the village pursuant to this section at no liability to the village within ten business days at the Village Hall. If the village does not receive the reimbursement payment from the wireless provider within such 15 business days, or if village does not elect to remove such items at the village's cost after the wireless provider's failure to so remove prior to 45 days subsequent to the issuance of notice pursuant to this section, any items of the wireless provider's property, including without limitation the small cell wireless facilities, remaining on or about the public right-of-way or stored by the village after the village's removal thereof may, at the village's option, be deemed abandoned and the village may dispose of such property in any manner allowed by law, and in accordance with any legal rights of persons other than the village who own utility poles located in the public right-of-way and used by the wireless provider. Alternatively, the village may elect to take title to such abandoned property, regardless of whether the village is provided an instrument satisfactory to the village transferring to the village the ownership of such property.
(4) The deadline for removal and restoration may be extended only with express written permission from the village.
(Ord. 271, passed 9-19-23)