(a) (1) A facilities operator shall provide written notice to the Village of its intent to discontinue use of any facilities. The notice shall include the date the use will be discontinued. If facilities are not removed within one hundred eighty (180) days from the date the use is discontinued, the facilities shall be considered a nuisance and the Village may have the facilities removed at the expense of the facilities operator.
(2) In the event that facilities are damaged, the facilities operator shall promptly repair the damaged facilities. Damaged facilities shall be repaired no later than thirty (30) days after obtaining written notice that the facilities are damaged. If the damaged facilities are not repaired within thirty (30) days, the damaged facilities shall be considered a nuisance and the Village may repair or remove the facilities at the expense of the facilities operator.
(3) The facilities operator shall remove and relocate the permitted small cell facility and/or wireless support structure at the operator’s sole expense to accommodate construction of a public improvement project by the Village.
(4) If the facilities operator fails to remove or relocate the small cell facility and/or wireless support structure or portion thereof as requested by the Village within one hundred twenty (120) days of the notice issued by the Village, the Village shall be entitled to remove the small cell facility and/or wireless support structure, or portion thereof at the expense of the facilities operator.
(5) The facilities operator shall, within thirty (30) days following issuance of the invoice for the same, reimburse the Village for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the small cell facilities and/or wireless support structure, or portion thereof.
(b) Removal Required by the Village for Safety and Imminent Danger Reasons.
(1) The facilities operator shall, at its expense, promptly disconnect, remove, or relocate the applicable small cell facility and/or wireless support structure within the time frame and in the manner required by the Village if the Village reasonably determines that the disconnection, removal, or relocation of any part of a small cell facility and/or wireless support structure:
A. Is necessary to protect the public health, safety, welfare, or Village property; or,
B. The facilities operator fails to obtain all applicable licenses, permits, and certifications required by law for its small cell facility and/or wireless support structure.
(2) If reasonably determined that there is imminent danger to the public, the Village may immediately disconnect remove, or relocate the applicable small cell facility and/or wireless support structure at the facilities operator’s expense.
(3) The facilities operator shall remove small cell facilities and/or wireless support structures when such facilities are abandoned regardless of whether or not it receives notice from the Village. Unless the Village sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of sixty (60) days of the small cell facility and/or wireless support structure being abandoned, or within sixty (60) days of receipt of written notice from the Village. When the facilities operator abandons permanent structures in the right-of-way, the facilities operator shall notify the Village in writing of such abandonment and shall file with the Village the location and description of each small cell facility and/or wireless support structure abandoned. The Village may require the facilities operator to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.
(4) The facilities operator shall repair any damage to the right-of-way any facilities located within the right-of-way, and /or the property or any third party resulting from the facilities operator’s removal or relocation activities (or any other facility operator’s activities hereunder) within ten (10) calendar days following the date of such removal or relocation, at the facilities operator’s expense. Restoration of the right-of-way and such property must be to substantially the same condition as it was immediately before the date the facilities operator was granted a small cell facility permit for the applicable location, or did the work at such location (even if the facilities operator did not first obtain a small cell facility permit). This includes restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the reasonable approval of the Village.
(Ord. 20-03. Passed 3-9-20.)