(A) Requirements for wireless facilities in the right-of-way.
(1) The construction, maintenance, location and collocation of wireless facilities in the rights-of-way shall comply with this chapter, applicable codes, applicable law, the standard terms and conditions and design standards.
(2) Those documents entitled “Town of Clifton Wireless Facilities in the Right-of-Way Standard Terms and Conditions” and “Town of Clifton Design Standards, Concepts and Requirements - Wireless facilities in the right-of-way,” and the document entitled wireless facilities in the right-of-way standard terms and conditions amendment No. I, three copies of which are on file in the office of the Town Clerk, are adopted herein by this reference.
(B) No obstruction or interference. Wireless facilities shall be constructed, maintained and located as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with any utility facilities in the right-of-way or interfere with a utility's use of the utility's facilities in the right-of-way. Construction and maintenance by the wireless provider shall comply with the National Electrical Safety Code and all applicable laws and regulations for the protection of underground and overhead utility facilities.
(C) Relocation. If the town determines that a utility pole, monopole or wireless support structure of a wireless provider will be relocated to accommodate a public project, all such wireless facilities deployed on such utility pole, monopole or wireless support structure on the wireless facility shall be relocated by the wireless provider at no cost to the town.
(D) Repair of damages. A wireless provider shall repair all damage to the town's property and the right-of-way that is caused by the activities of the wireless provider or the wireless provider's contractor arising out of work in the right-of-way related to small wireless facilities, wireless support structures or utility poles. A wireless provider shall return the damaged property to the same condition as before the damage pursuant to the standard terms and conditions. If the wireless provider fails to make the repairs required within the time set forth in the notice from the town to do so, the town may make the repairs and charge the wireless provider the reasonable, documented cost of the repairs.
(E) Fees and rates. Fees and rates for applications, construction, installation, maintenance, modification, operation and replacement of a wireless facilities shall be adopted by resolution of the council.
(F) Completion of authorized work. The construction, installation, mounting, maintenance, modification, operation or replacement for which a permit is granted shall be completed in accordance with applicable codes, applicable law and the design standards within one hundred eighty days after the permit issuance date, unless such time is extended by the town.
(G) Use of town support structures. Nothing in this chapter prohibits or limits the town from denying, regulating and/or charging for the collocation of a wireless facility on a wireless support structure owned by the town outside the right-of-way.
(Ord. 01-2018, passed 2-8-2018; Am. Ord. 06-2019, passed 1-9-2020)