(A) Where reference is made herein to any federal or state statute, rules or regulations, either specifically or generally, the reference shall be to that statute, rule or regulation and to all amendments thereto now in force or which may be hereafter enacted, adopted and/or promulgated.
(B) No portion or provision hereof shall be taken to establish lesser or different requirements than those imposed upon persons by the state and federal governments for purposes of protecting the public, and to the extent the state and federal statutes and regulations are different from, in conflict with, and are more stringent than the provisions of this chapter, the state and federal statutes, rules and regulations shall govern.
(C) The village shall not be responsible in any way for the proper operation and maintenance of small wireless facilities within the village.
(D) Private legal responsibility. Each applicant for a permit required by this chapter for work on private or public property shall bear the responsibility for accidental injury or death, property damage or any other litigation that may arise in connection with this work and shall in any case hold the village harmless from all damages.
(E) The village undertakes to use reasonable care and diligence to provide municipal utility poles of sound character, but reserves the right, at any time, to alter, amend, replace, repair or maintain its utility poles for the purpose of making repairs or extensions or for other purposes. The village shall not be liable for a deficiency or failure, regardless of cause, in the support of a small wireless facility by a municipal utility pole, nor any damage caused thereby by the failure of the municipal utility pole or any attachment to the village’s utility pole or the village’s right-of-way. All damage occasioned by any collapse or failure of a municipal facility shall be borne exclusively by the provider.
(F) The village reserves the right to require that a permitted small wireless facility located upon village right-of-way be relocated or adjusted to accommodate the construction, expansion, repair, alteration or other modifications to village infrastructure. When such relocation or adjustment is required, it shall be completed within a reasonable time so as to cause no delay to the village construction activities.
(Ord. 18-07-01, passed 7-24-2018)