(a) Process.
(1) If use of a small wireless facility and/or its dedicated accessory equipment is to be discontinued, the permittee shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. A small wireless facility and/or dedicated accessory equipment not operated for a period of 12 months shall be considered abandoned. Discontinued or abandoned small wireless facilities, or portions of small wireless facilities, shall be removed as follows:
A. All abandoned or unused small wireless facilities and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the small wireless facility has been deemed abandoned by the Borough unless a time extension is approved by the Borough.
B. If the small wireless facility or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the small wireless facility and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the small wireless facility regardless of the owner's or operator's intent to operate the small wireless facility in the future.
C. The Borough reserves the right to pursue all available remedies under the law to ensure removal of the small wireless facility and restoration of the site at the expense of the permittee. Any delay by the Borough in taking action shall not invalidate the Borough's right to take action.
(2) With respect to a small wireless facility collocated on a municipal pole, the Borough may abandon a municipal pole upon 30 days' notice to the permittee. Permittee must remove or transfer all facilities from abandoned municipal poles within the same 30 days unless granted additional time by the Borough. The Borough will not unreasonably withhold consent of such request for additional time. The permittee shall post a decommissioning bond in the amount of 100% of the total cost of decommissioning with the Borough. If the Borough has no attachment(s) on said municipal poles and the permittee has not removed or transferred its facilities therefrom, the Borough may, in its sole discretion: (1) revoke the permit for that municipal pole; or (2) remove the small wireless facilities at the permit holder's expense, with no liability falling on the Borough except in the case of gross negligence or willful misconduct.
(b) Required Discontinuance.
(1) The Borough may require the discontinuance of a small wireless facility if:
A. The Borough determines that the space is needed for public purpose;
B. The Borough desires to decommission the utility pole; or
C. The Borough designates the area of the subject utility pole or wireless support structure as an underground district.
(2) Within 90 days of receipt of a notice of discontinuance from the Borough, the permittee shall remove the small wireless facility and any accessory equipment, including the utility pole and any wireless support structures if the permittee's small wireless facilities and accessory equipment are the only wireless facilities on the utility pole. The Borough shall not be liable to the permittee or applicant as a result of requiring the discontinuance of a small wireless facility in the event that an applicant or permittee is prevented from placing and/or maintaining its small wireless facility pursuant to this section.
(Ord. 2590. Passed 11-15-21.)