(A) Widening, repair, reconstruction, and relocation. If, in the reasonable exercise of police powers, the municipality requires widening, repair, reconstruction, or relocation of a public road or highway, or relocation of poles, support structures, or small wireless facilities as a result of a public project, a wireless provider shall relocate poles and support structures that such wireless provider has installed in the ROW for the collocation of small wireless facilities pursuant to this chapter at no cost to the municipality if such poles and support structures are found by the municipality to unreasonably interfere with the widening, repair, reconstruction, or relocation project or the public project. If widening, repair, reconstruction, or relocation is required as a condition or result of a project by a person other than the municipality, such person shall bear the cost of relocating such poles or support structures and any communications facilities on such poles or support structures.
(B) Emergency removal or relocation of facilities. The municipality retains the right to cut or move any small wireless facility, pole, or support structure located within the ROW as the municipality, in its reasonable discretion, may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall notify the wireless provider and provide opportunity to move its own small wireless facilities, poles, or support structures prior to the municipality cutting or removing a small wireless facility, pole, or support structure and the municipality shall notify the wireless provider after cutting or removing a small wireless facility.
(C) Abandonment of facilities. The applicant or the person that owns or operates the small wireless facility collocated in the ROW may remove its small wireless facilities at any time from the ROW upon not less than 30 days' prior written notice to the municipality and may cease paying to the municipality any applicable fees and rates for such use, as of the date of the actual removal of the small wireless facilities. In the event of such removal, the ROW shall be, to the extent practicable in the reasonable judgment of the municipality, restored to its condition prior to the removal. If the applicant fails, to the extent practicable in the reasonable judgment of the municipality, to return the ROW to its condition prior to the removal within 90 days of the removal, the municipality may, at the sole discretion of the municipality, restore the ROW to such condition and charge the applicant the municipality's reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500. The municipality may suspend the ability of the applicant to receive any new permits from the municipality until the applicant has paid the amount assessed for such restoration the municipality shall not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute.
(D) Abandonment by inaction. At any point when a wireless provider fails to pay any required fee or rate, and fails to respond within 60 days to a written inquiry from the municipality as to whether the wireless provider intends to continue to operate a small wireless facility or support structure, for whatever reason, the small wireless facility shall be deemed abandoned and the municipality may, at its sole option, remove all or any portion of the small wireless facility or support structure, or take other action as authorized by law, including recovery of actual costs incurred in removing the small wireless facility or support structure.
(Ord. 2021-018, passed 7-13-2021)