A. Notice. Within ninety (90) days following written notice from the City, a wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the City has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the rights-of-way.
B. Emergency Removal. The City retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the City shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider after cutting or removing a small wireless facility.
C. Abandonment of Facilities. Upon abandonment of a small wireless facility or utility pole within the rights-of-way of the City, the wireless provider shall notify the City in writing of its intention to discontinue use of a small wireless facility or utility pole. The notice shall inform the City of the time and the way in which the small wireless facility or utility pole will be removed. The wireless provider is responsible for the costs of the removal. The City may require the wireless provider to return the property to its pre-installation condition according to the City’s reasonable and nondiscriminatory requirements and specifications. If the wireless provider does not complete the removal within forty-five (45) days after notice, the City may complete the removal and assess the costs of removal against the wireless provider. The permit for the small wireless facility or utility pole expires upon removal.
D. Damage and Repair. The City may require a wireless provider, or the provider’s contractor, to repair all damage to the City’s property or rights-of-way caused by the activities of the wireless provider or contractor and return the property and rights-of-way to their pre-damage condition according to the City’s requirements and specifications upon written notice of the requirements to the provider. If the wireless provider fails to make the repairs within a reasonable period after receiving the notice, the City may effectuate those repairs and charge the provider the reasonable, documented cost of such repairs.
E. Notwithstanding any other provision of this Chapter, the City may not require an applicant or provider to submit an application or pay a fee for:
1. routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or
2. replacing or upgrading a small wireless facility, DAS, other similar network with a facility that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way.
3. For purposes of the foregoing exemptions, a small wireless facility, DAS, other similar network, or pole is considered to be “substantially similar” if:
a. The new or upgraded facility, including the antenna or other equipment element, will not be more than ten (10) percent larger on a one-time basis than the existing facility, provided that the increase may not result in the facilities exceeding the size limitations provided elsewhere in this Chapter);
b. The new or upgraded pole will not be higher than the existing pole;
c. The replacement or upgrade does not include replacement of an existing service pole;
d. The replacement or upgrade does not defeat existing concealment elements of the existing pole; and
e. The determination of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the small wireless facility or pole as approved by the City. (Ord. C2021-5, 8-24-2021)