(A) Abandonment. Telecommunications towers, antenna arrays, associated equipment, and buildings which have not been used for a period of 1 year shall be deemed abandoned and shall be removed from the site.
(B) Notice required. The owner of the telecommunications tower and the last service provider to use a telecommunications tower shall notify the Zoning Administrator within 30 days that use of a telecommunications tower has been discontinued.
(C) Security.
(1) Every telecommunications tower owner and all service providers shall establish a cash security fund, bond or irrevocable letter of credit to secure the payment of removing the telecommunications towers, antenna arrays, associated equipment and buildings that have been determined to be abandoned, or found to be in noncompliance with this chapter, and to provide the town a fund from which to deduct fines and penalties for noncompliance with this chapter or other applicable laws in the following amounts.
(a) The amount to be provided for each telecommunications tower shall be 125% of the cost of construction based upon a licensed engineer’s estimate of the cost of construction of the telecommunications tower.
(b) The amount for each antenna array on the telecommunications tower shall be 125% of the cost of construction based upon a licensed engineer’s estimate of the cost of installation of the antenna array.
(2) Any reduction in the security fund provided, because of deductions of fines, penalties, or removal costs, shall be replenished to the total of the required amount within 30 days after notice from the town of the amount deducted and the deficiency created hereby.
(D) Refund. Within a reasonable period of time, not to exceed 3 months after the telecommunications tower and/or antenna array is removed, any remaining funds on deposit with the town pursuant to this section, after application and above all expenses provided for herein, shall be refunded to the appropriate owner or provider who created the security fund.
(Ord. 1221, § 9.01(e), passed 1-26-2010)