(A) Standard conditions of approval. SWF in rights-of-way shall be considered a permitted use. Permission to site SWF in the right-of-way shall be conditioned on compliance with the standard conditions of approval provided in this subchapter.
(B) Permit effect and duration. The town’s approval term for construction of an attachment to a wireless support structure shall be for a period of nine months. A permit from the town authorizes an applicant to undertake only certain activities in accordance with this subchapter, and does not create a property right or grant any authority whatsoever to the applicant to impinge upon the rights of others who may already have an interest in the covered area.
(C) Compliance with all applicable laws and Town Code. Permittee shall always maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules. If state or federal standards and regulations are amended, the owners of any portion of SWF governed by this subchapter shall bring any facilities and/or structures into compliance with the revised standards and regulations within the time mandated by such amendment or, if no time is mandated, as soon as practicable under the circumstances, but no longer than 90 days. The town is not required to provide notice of any amendments in order to trigger this responsibility. Failure to bring SWF into compliance with any revised standards and regulations shall constitute grounds for removal at the owner’s expense.
(D) Inspections; emergencies. The town or its designee may inspect any portion of SWF in the right-of-way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The town reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. If circumstances permit, the town shall notify the wireless service provider and provide the opportunity to move such facilities, poles, or support structures prior to the town doing so, and the town shall notify the provider after doing so.
(E) Relocation or adjustment as requested by town. If requested by the town, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the right-of-way at no cost to the town, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with law.
(F) Contact information for responsible parties. Within ten days of any changes to any of the contact information provided in the application, the applicant shall provide notice of the change to the Director of the Planning, Land Use and Neighborhoods Department.
(G) Indemnification. Any entity who owns or operates SWF in the right-of-way shall indemnify, protect, defend, and hold the town and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the entity who owns or operates the SWF and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(H) Good condition required. SWF shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property. All SWF shall be subject to generally applicable property maintenance requirements and to visual inspection by code enforcement officers.
(I) Relocation for public improvement projects. To the extent that the town requires it to do so in the reasonable exercise of its police powers, permittee shall remove and relocate the permitted SWF at permittee’s sole expense to accommodate construction of a public improvement project by the town.
(Ord. 19001, passed 2-12-19; Am. Ord. 21042, passed 5-11-21)