(a) Approval of an application authorizes the wireless provider to do both of the following:
(1) Undertake the installation or colocation.
(2) Subject to relocation requirements that apply to similarly situated users of the right-of-way and the applicant's right to terminate at any time, maintain the small cell wireless facilities and any associated utility poles or wireless support structures covered by the permit for so long as the site is in use and in compliance with the initial permit under this act.
(b) Within one year after a permit is granted, a wireless provider shall complete colocation of a small cell wireless facility that is to be operational for use by a wireless services provider, unless the City and the applicant agree to extend this period or the delay is caused by the lack of commercial power or communications facilities at the site. If the wireless provider fails to complete the colocation within the applicable time, the permit is void, and the wireless provider may reapply for a permit. This time period may be extended by the mutual agreement of the City and the applicant.
(c) The City may propose an alternate location within the right-of-way or on property or structures owned or controlled by the City within seventy-five feet of the proposed location to either place the new utility pole or colocate on an existing structure.
The applicant shall use the alternate location if, as determined by the applicant, the applicant has the right to do so on reasonable terms and conditions and the alternate location does not impose unreasonable technical limits or significant additional costs. The City may request written confirmation of any decision rendered by the applicant under this subsection and the specific basis for the same.
(d) The City may require a separate right-of-way access permit for work that will unreasonably affect traffic patterns or obstruct vehicular or pedestrian traffic in the right-of-way.
(e) (1) As a condition of the issuance of a permit, the applicant shall obtain and maintain a bond, in the amount of not more than one thousand dollars ($1,000.00) per small cell wireless facility, in a form reasonably satisfactory to the City, for the small cell wireless facilities as applicable to similarly situated users of the right-of-way for one or more of the following purposes:
A. To provide for the removal of abandoned or improperly maintained small cell wireless facilities, including those that an authority determines should be removed to protect public health, safety, or welfare.
B. To repair damage to the right-of-way caused by the activities of the wireless provider while occupying, constructing, installing, mounting, maintaining, modifying, operating, or replacing small cell wireless facilities, utility poles, or wireless support structures in the ROW and to return the ROW to its functional equivalent before the damage.
C. To recoup rates or fees that have not been paid by a wireless provider in more than twelve months, if the wireless provider has received sixty-day advance notice from the City of the noncompliance.
(2) The City shall not require a cash bond, unless the wireless provider has failed to obtain or maintain a bond required under this section or its surety has defaulted or failed to perform on a bond given to the City on behalf of a wireless provider.
(f) A small cell wireless facility for which a permit is issued shall be labeled with the name of the wireless provider, emergency contact telephone number, and information that identifies the small cell wireless facility and its location.
(g) A wireless provider is responsible for arranging and paying for the electricity used to operate a small cell wireless facility.
(Ord. 2020-02. Passed 3-9-20.)