(A) Notice. Within 90 days following written notice from the town, the permittee shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter the position of any small wireless facilities and support structures within the ROW whenever the town has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any Town improvement in or upon, or the operations of the town in or upon, the ROW. The town shall use good faith efforts to accommodate any such disconnection, removal, relocation, change, or alteration and to assist with identifying and securing a mutually agreed upon alternative location.
(B) Maintenance of existing facilities. With respect to each wireless facility installed pursuant to a ROW use permit, permittee is hereby permitted to enter the ROW at any time to conduct repairs, maintenance, or replacement not substantially changing the physical dimension of the wireless facility. The permittee shall comply with all rules, standards, and restrictions applied by the town to all work within the ROW. If required by the town, permittee shall submit a "maintenance of traffic" plan for any work resulting in significant blockage of the ROW. However, no excavation or work of any kind may be performed without a permit, except in the event of an emergency. In the event of an emergency, permittee shall attempt to provide advance written or oral notice to the Town Engineer.
(C) Removal of existing facilities. If the permittee removes any wireless facilities, it shall notify the town of such change within 60 days.
(D) Damage to facilities or property. A permittee, including any contractor or subcontractor working for a permittee, shall avoid damage to any wireless facilities and/or public or private property. If any wireless facilities and/or public or private property are damaged by permittee, including any contractor or subcontractor working for permittee, the permittee shall promptly commence such repair and restore (to a comparable or better condition) such property within ten business days, unless such time period is extended by the Town Engineer or his or her designee. The permittee shall utilize the Tennessee One Call System prior to any disturbance of the ROW and shall adhere to all other requirements of the Tennessee Underground Utility Damage Prevention Act.
(E) Emergency removal or relocation of facilities. The town retains the right and privilege to cut or move any small wireless facility located within the ROW of the town, as the town may determine to be necessary, appropriate, or useful in response to any serious public health or safety emergency. If circumstances permit, the town shall notify the wireless provider in writing and provide the wireless provider a reasonable opportunity to move its own wireless facilities prior to cutting or removing a wireless facility and shall notify the wireless provider after cutting or removing a wireless facility. Any removal shall be at the wireless provider's sole cost. Should the wireless facility be colocated on property owned by a third-party, the town shall rely on the third-party to remove the wireless facility and shall be provided adequate notice and time to facilitate such removal. If the third-party fails to remove the wireless facility in a timely manner, the town shall have the right to remove the facility at the third-party's expense.
(F) Abandonment of facilities. Upon abandonment of a small wireless facility within the ROW of the town, the wireless provider shall notify the town within 90 days. Following receipt of such notice, the town may direct the wireless provider to remove all or any portion of the small wireless facility if the town reasonably determines that such removal will be in the best interest of the public health, safety, and welfare. Should the wireless facility be collocated on property owned by a third-party, the town shall rely on the third-party to remove the wireless facility and shall be provided adequate notice and time to facilitate such removal. Any removal shall be at the wireless provider's sole cost. Failure to remove wireless facilities pursuant to this section will result in no future permits being granted. If the third-party fails to remove the wireless facility in a timely manner, the town shall have the right to remove the facility at the third-party's expense.
(G) Fee for micro wireless facility. No application, fee, rate and/or approval is required for the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is suspended on cables that are strung between existing PSS's, in compliance with the National Electrical Safety Code as set out in Tenn. Code Ann. § 68-101-104.
(Ord. 2018-03, passed 10-28-19)