(A) The wireless provider shall not locate or maintain its wireless communication facilities so as to interfere with the use of the right-of-way by the municipality, by the general public or by other persons authorized to use or be present in or upon the right-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 right-of-way, the wireless provider with permission to occupy the same portion of the right-of-way shall locate its wireless communication facilities underground at its own expense where technically feasible. The municipality may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as small wireless facilities that cannot, by their nature, operate unless located above-ground, the wireless provider and municipality shall work to find a suitable location for such facilities or equipment.
(C) In performing any work in or affecting the right-of-way, the wireless provider and any agent or contractor of the provider shall comply with the provisions of this chapter and all other applicable laws.
(D) (1) The wireless provider, or its agent or contractor, shall restore, repair and replace any portion of the right-of-way that is damaged or disturbed by the provider’s wireless communication facilities or work in or adjacent to the right-of-way as required in this chapter and all other applicable laws.
(2) If the wireless provider fails to timely restore, repair or replace the right-of-way as required in this division (D), the municipality or its contractor may do so and the provider shall pay the municipality’s costs and expenses in completing the restoration, repair or replacement including attorneys’ fees and expenses
(Ord. 241, passed 11-5-2019) Penalty, see § 151.99