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(A) All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within 48 hours:
(1) After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or
(2) After permittee, owner, operator, or any designated maintenance agent receives notification from a resident or the Zoning Administrator.
(B) All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
(1) General dirt and grease;
(2) Chipped, faded, peeling, and cracked paint;
(3) Rust and corrosion;
(4) Cracks, dents, and discoloration;
(5) Missing, discolored, or damaged artificial foliage or other camouflage;
(6) Graffiti, bills, stickers, advertisements, litter and debris;
(7) Broken and misshapen structural parts; and
(8) Any damage from any cause.
(C) All trees, foliage, and other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the facility shall be responsible for replacing any damaged, dead, or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Zoning Administrator.
(D) The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.
(E) Each facility, operating alone and in conjunction with other telecommunications facilities, shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radio frequency emissions standards. Within one month post-construction and annually thereafter, permittee must provide a radio frequency report as a condition of project approval to verify that actual levels of radio frequency emitted by the approved facilities, operating alone and in combination with other approved facilities, substantially conform to the pre-approved radio frequency report and do not exceed current standards for permissible human exposure to radio frequency as adopted by the FCC. In the event of an increase over accepted levels is detected, the permittee shall be responsible for immediately making the necessary adjustments to comply with FCC standards.
(F) Each facility shall be operated and maintained to comply at all times with the noise regulations of this chapter and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Zoning Administrator. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.
(G) If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.
(H) Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.
(I) Annual certification.
(1) Each year on July 1, the permittee shall submit an affidavit which shall list, by location, all facilities it owns within the town by location, and shall certify (1) each such installation remains in use; (2) that such in use facility remains covered by insurance; and (3) each such installation which is no longer in use, and pay applicable recertification fees established by the town. Any facility which is no longer in use shall be removed by permittee within 60 days of delivery of the affidavit, or be subject to a fine of $100 per day until removal.
(2) Where such annual re-certification has not timely submitted, or equipment no longer in use has not been removed within the required 60-day period, no further application for that small cell wireless installation will be accepted by the town until such time as the annual re-certification has been submitted and fee and fines paid.
(Ord. 833, passed 8-7-2019)