(A) A person does not have the right to place any object, structure or improvement in the public right-of-way or place an attachment or object on town-owned utility poles, equipment or structures located in the public right-of-way except as authorized in this subchapter. If an unauthorized object, structure, improvement or attachment is discovered, the town may immediately remove it without incurring liability to the owner, and at the owner's sole expense, if the owner of the unauthorized attachment does not (1) remove the unauthorized structure or attachment within three business days of notification; or (2) apply for permission to have the attachment on town-owned infrastructure within three business days of notification, including payment of applicable charges or penalties.
(B) Any object, structure, improvement or attachment located in the public right-of-way may be removed immediately by the town if necessary to protect public safety or prevent imminent damage to town-owned utility poles, equipment or structures.
(C) Notwithstanding any section of this subchapter to the contrary, the town may terminate any permit or authorization to locate utilities and associated infrastructure or attachments thereto in the public right-of-way, when determined by the Town Engineer as necessary to accommodate a town right-of-way or traffic safety improvement project. Such utilities, associated infrastructure or attachments shall be removed as soon as practicable with a time frame coordinated by the Town Engineer. The permittee or utility is responsible for any removal and relocation costs.
(D) Any permitted attachment to a town-owned utility pole, infrastructure or other improvement that is not operated for a continuous period of three months shall be considered abandoned. The failure to pay any required fee adopted by the Town Council for the location of an attachment on a town-owned utility pole, infrastructure or other improvement is also deemed abandonment. The owner of such facility shall remove the same, including any antennas, attachments, other related appurtenances, and equipment enclosure, within 30 days of receipt of notice from the town notifying the owner of such abandonment. Any new support structure that does not collocate a small wireless facility to provide service within nine months after the date the support structure permit is approved is considered abandoned.
(1) If there are two or more service providers using a single utility pole or wireless support structure, then the abandonment period for the structure shall not begin until all such service providers have ceased operation.
(2) If, within the 30-day notice period, the abandoned small wireless facility or support structure is not removed the town shall have the authority to remove said facility.
(E) The failure to comply with this section will result in immediate removal of the object, structure, improvement or attachment by the town and the imposition of penalties as described herein. The public right-of-way shall be restored to its original condition prior to the construction of the structure or improvement at the expense of the owner or permitee. The town will invoice the owner or permitee for all costs associated with removal and restoration, plus a 10% penalty fee.
(Ord. 2018-06, passed 8-29-2018)