(a) Obsolescence and Removal. When a wireless telecommunication facility has not been used for 180 days or more, the entire wireless telecommunication facility, or that portion of a wireless telecommunication facility made obsolete by new technology, shall be removed by the users and/or owners of the wireless telecommunication facility. For the purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse. The situations in which removal of a wireless telecommunication facility is required may be applied and limited to a portion of the facility.
(b) Demolition Permit. Upon the occurrence of one or more of the events requiring removal, the property owner or person who had last used the wireless telecommunication facility shall immediately apply for and secure any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the condition which existed prior to the construction of the wireless telecommunication facility.
(c) Removal by Village. If the required removal of the wireless telecommunication facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days’ written notice, the Village may remove or secure the removal of the facility or required portions thereof, with its actual costs and reasonable administrative charges to be drawn or collected and/or reinforced from or under the security posted at the time application was made for establishing the wireless telecommunication facility.
(d) The applicant shall, at the time of receiving a building permit for the wireless telecommunication facility, post security with the Village in a form and amount satisfactory to the Village to guarantee the removal of abandoned or obsolete telecommunication facilities and restoration of the site. The amount of the security shall be estimated removal cost, plus 25%.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed 12-13-04; Ord. 2013-10. Passed 10-14-13.)