(A) Any contract with an owner of property upon which a cellular antenna tower is to be constructed shall include a provision that specifies, in the case of abandonment, a process for dismantling and removing the tower, including a timetable for removal.
(B) If the use of any cellular antenna, cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of filing with the FCC If the cellular antenna, cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one hundred eighty (180) days from notice to the Planning Commission to obtain a demolition permit and complete the removal the antenna or tower.
(C) If the cellular antenna, cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than twelve (12) months from submittal of the above notice to the Planning Commission to commence new operation of the antenna or tower. Upon failure to commence new operation within twelve (12) months, the cellular antenna, cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain a demolition permit within ninety (90) days of the expiration of the twelve (12) month period. The owner shall be required to remove the antenna or tower within sixty (60) days of obtaining the demolition permit.
(D) If the owner of a cellular antenna, cellular antenna tower or alternative cellular antenna tower structure fails to remove an antenna or tower in compliance with these requirements, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover the costs of demolition and removal from the utility last operating the facility or from the owner of the land upon which the facility is located.
(Ord. 2010-06, passed 11-8-10)