Any commercial cellular or wireless communications tower or antenna that has discontinued its service for a period of six continuous months or more shall be removed, along with its tower and supporting facilities and structures. "Discontinued" means that the tower, antenna or the facilities have not been properly maintained, been abandoned, become obsolete, been unused or have ceased its daily activities or operation.
(a) A site shall not be considered abandoned as long as the City desires to utilize the site. Should the City terminate its need for the use of the facility it shall notify the owner of its intentions and division (b) of this section will be enforced.
(b) The applicant, operator, its successor, or the owner of the real estate shall notify the Safety Service Director within 30 days of receiving the FCC intent to cease operations at the site. If the cellular or wireless communication tower or antenna will not be reused within six months, the owner shall obtain a demolition permit for removal of all structures to begin within 60 days and restoration of the site to be completed within six months of the issue date of the demolition permit.
(c) If the intent is to reuse the cellular or wireless communication tower and antenna, it shall be included in the notice. The applicant, its successor or the owner of the real estate shall have no longer than 12 months from the FCC notice in which to commence a new operation. Upon failure to commence a new operation, the site shall be presumed abandoned and a demolition permit shall be immediately obtained for the removal and restoration of the site to its original state per the requirements of the Safety Service Director.
(d) The applicant, its successor or, as a last resort, the owner of the real estate will be responsible for the removal and restoration of the site to its original state.
(e) The owner or operator may be required, at the option of the City Planning Commission, as a condition of issuance of a permit, to post a cash or surety bond acceptable to the City Auditor of not less than one hundred dollars ($100.00) per vertical foot from the natural grade of the tower which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower facility shall be removed within six months of the cessation of use and abandonment. Any successor-in-interest or assignee of the owner/operator of the facility may also be required to post such bond.
(Ord. 04-026. Passed 11-8-04.)