(A) Removal by Village: Under this Chapter, the Village is not required to install or maintain any specific utility pole or to continue to install or maintain any specific utility pole in any location if the Village determines to eliminate above-ground utility poles of a particular type generally, such as electric utility poles, in all or a significant portion of its geographic jurisdiction.
If the Village determines to eliminate above-ground Village utility poles of a particular type generally, and collocated small wireless facilities are in place, the Village shall either: (i) continue to maintain the utility pole or install and maintain a reasonable alternative utility pole or wireless support structure for the collocation of the small wireless facility; or (ii) offer to sell the utility pole to the wireless provider at a reasonable cost or allow the wireless provider to install its own utility pole so it can maintain service form that location.
(B) Emergency Removal or Relocation: The Village retains the right and privilege to cut or move any small wireless facilities within the rights-of-way of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If the circumstances permit, the Village shall attempt to notify the wireless provider prior to cutting or removing the facility and shall notify the wireless provider after cutting or removing the facility.
(C) Abandonment: A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. The owner of the facility must remove the small wireless facility within ninety (90) days after the date of the written notice from the Village notifying the wireless provider of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the Village to the owner at the last known address of the owner. If the small wireless facility is not removed within ninety (90) days of such notice, the Village has the right to remove or cause the removal of the facility pursuant to the terms of its pole attachment agreement for Village utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery. The Village shall charge the cost of the removal against the wireless provider or any successor in interest to the wireless provider. (Ord. 18-10, 7-24-2018)