A. The provider shall not locate or maintain its wireless communication facilities to interfere with the use of the public right-of-way by the Town, by the general public or by other persons authorized to use or be present in or upon the public rights-of-way.
B. Whenever any existing electric utilities, natural gas, water or sewer lines (or other public improvements) and communications facilities are located underground within a public right-of-way, the provider with permission to occupy the same portion of the public right-of-way shall locate its wireless communication facilities underground at its own expense. The Town may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as wireless communication facilities that cannot, by their nature, operate unless located above-ground, the provider and Town shall work to find a suitable location for such facilities or equipment, which may be outside of the public right-of-way.
C. In performing any work in or affecting the public right-of-way, the provider, and any agent or contractor of the provider, shall comply with the provisions of this chapter and all other applicable laws.
D. The provider, or its agent or contractor, shall restore, repair and replace any portion of the public right-of-way that is damaged or disturbed by the provider's wireless communication facilities or work in or adjacent to the public right-of-way as required in this chapter and all other applicable laws.
E. If the provider fails to timely restore, repair or replace the public right-of- way as required in this section, the Town or its contractor may do so and the provider shall pay the Town's costs and expenses in completing the restoration, repair or replacement including attorneys' fees and expenses. (Ord. 2019-002, 5-7-2019)