(a) In the event that the use of a tower is discontinued, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
(b) A wireless telecommunications facility that is not operated for a continuous period of eighteen (18) months shall be considered abandoned. The Planning Director shall notify the owner of an abandoned facility in writing and order the removal of the facility within forty five (45) days of receipt of the written notice. The owner of the facility shall have thirty (30) days from the receipt of the notice to demonstrate to the Planning Director that the facility has not been abandoned. However, if negotiations are pending with a service provider a letter of intent shall be provided to the Planning Director prior to the expiration of the eighteen (18) months.
(c) If the owner fails to show that the facility is in active operation, the owner shall have sixty (60) days to remove the facility. If the facility is not removed within this time period, the City shall contract to have the facility removed at the owner's expense. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation.
(d) A surety bond, or irrevocable letter of credit in an amount equal to the anticipated cost of the removal of the tower shall be supplied to the Planning Director at the time an application is made. The anticipated cost of the removal shall be based upon a certification from a Professional Engineer. The applicant shall provide the Plarming Director a copy of the policy stating that the bonding agent must provide a thirty (30) day notification of
cancellation to the City of Parkersburg. The owner of the facility may apply to the Planning Director for release of the surety when the facility and related equipment have been removed to the satisfaction of the City of Parkersburg.
(Ord. 0-1017. Passed 2-12-02.)