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(A) Any tower that is not operated or used for a continuous period of 12 consecutive months shall be considered abandoned, and the owner of such tower shall be required, at the owner’s expense, to remove the tower and all associated buildings, power supplies, fencing and other items associated with, and permitted with, the tower. If the tower is not removed within 90 days, then the bond secured by the tower owner shall be used to remove the tower and any accessory equipment and structures.
(B) (1) If the tower has a preexisting tower approval from before the implementation of this subchapter and the tower owner has not yet obtained a bond to remove the tower, then the tower owner shall be required to remove the tower at his or her expense.
(2) If the tower is not removed within 90 days, then the tower owner shall be subject to a fine for each month that the tower remains in place and to a mandatory injunction for the removal, and the owner shall be responsible for all costs, including attorney fees, for securing the removal.
(Prior Code, § 14-309) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99
(A) (1) Existing towers at the time of the adoption of this subchapter will be allowed to continue their usage as they presently exist. However, the towers must be registered with the town and a sign must be posted at the tower locations indicating a contact person and a telephone number where he or she can be reached.
(2) If there is ever another antenna or transmitter installed, or if the cell tower facilities are upgraded from the original application and approved by the Town Planning Commission or Town Board of Trustees, then the cell tower must then meet all of the specifications of this subchapter, including permits, bonds, inspections, testing, landscaping, screening, fencing and driveway access requirements.
(B) All existing towers or antennas can enter into a memorandum of understanding with the tower owner and the town to allow police, fire and EMS space on the towers for the use of radio communications, either UHF, VHF or 800MHZ, and wireless internet, but not limited to these, for the purpose of public safety communications in emergency and nonemergency situations.
(Prior Code, § 14-304) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99
All new or existing telecommunications services shall comply with all relevant Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with public safety and other town or private communication operations.
(Prior Code, § 14-313) (Ord. 2020-08, passed 11-12-2020) Penalty, see § 155.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
(Prior Code, § 14-315)
(2) In addition, fines may be enforced by injunctive relief sought in the County District Court.
(Prior Code, § 14-316)
(Ord. 2020-08, passed 11-12-2020)