A. Removal By Township: Under this chapter, the Township is not required to install or maintain any specific utility pole or to continue to install or maintain any specific utility pole in any location if the Township determines to eliminate above-ground utility poles of a particular type generally, such as electric utility poles, in all or a significant portion of its geographic jurisdiction.
If the Township determines to eliminate above-ground Township utility poles of a particular type generally, and collocated small wireless facilities are in place, the Township shall either: 1) continue to maintain the utility pole or install and maintain a reasonable alternative utility pole or wireless support structure for the collocation of the small wireless facility; or 2) offer to sell the utility pole to the wireless provider at a reasonable cost or allow the wireless provider to install its own utility pole so it can maintain service from that location.
B. Emergency Removal Or Relocation: The Township retains the right and privilege to cut or move any small wireless facilities within the rights-of-way of the Township, as the Township may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If the circumstances permit, the Township shall attempt to notify the wireless provider prior to cutting or removing the facility and shall notify the wireless provider after cutting or removing the facility.
C. Abandonment: A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. The owner of the facility must remove the small wireless facility within ninety (90) days after the date of the written notice from the Township notifying the wireless provider of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the Township to the owner at the last known address of the owner. If the small wireless facility is not removed within ninety (90) days of such notice, the Township has the right to remove or cause the removal of the facility pursuant to the terms of its pole attachment agreement for Township utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery. The Township shall charge the cost of the removal against the wireless provider or any successor in interest to the wireless provider. (Ord. SWO-2018-5, 8-14-2018)