(A) Prevention of failures and accidents. Any person who owns or operates a portion of a SWT sited in the right-of-way shall always employ ordinary and reasonable care and install and maintain it using industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(B) Compliance with fire safety and FCC regulations. All SWF, including, but not limited to wires, cables, fixtures, and other equipment, shall be installed and maintained in compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property or any existing public/private utilities or public safety systems.
(C) Each attachment of wireless facilities should bear a marker or insignia legible at street level, identifying the owner of the SWF and contact information.
(D) Surety bond or equivalent financial tool for cost of removal. All owners must procure and provide to the town a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this code. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned SWF or damage to town property caused by an operator or its agent of each SWF in case the town has to remove or pay for its removal. Acceptable alternatives to a bond include: a fund set-aside; a letter of credit; and a demonstration that the [owner] has operated in the town for at least the years and that the [owner] or its parent or affiliated companies maintain a net worth of at least $300,000.
(Ord. 19001, passed 2-12-19)