(A) Notice. Within 90 days following written notice from the town, a wireless services provider or a wireless infrastructure provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any wireless facilities or wireless support structures within the rights-of-way whenever the town, in its reasonable discretion, has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any town improvement in or upon, or the operations of the town in or upon, the rights-of-way.
(B) Emergency removal or relocation of facilities. The town retains the right to cut or move any wireless facility or wireless support structure located within its rights-of-way as the town, in its reasonable discretion, may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If circumstances permit, the town shall notify the wireless services provider or the wireless infrastructure provider and provide opportunity to move its own wireless facilities or wireless support structure prior to the town cutting or removing a wireless facility or wireless support structure and the town shall notify the wireless services provider or the wireless infrastructure provider after cutting or removing a wireless facility.
(C) Abandonment of facilities. Upon abandonment of a wireless facility or wireless support structure within the town rights-of-way, the wireless services provider or the wireless infrastructure provider shall notify the town within 90 days of such abandonment. Following receipt of such notice the town may direct the wireless services provider or the wireless infrastructure provider to remove all or any portion of the wireless facility or wireless support structure if the town, in its sole discretion, determines that such removal will be in the best interests of the public health, safety, and welfare.
(D) Abandonment by inaction. At any point when a wireless services provider or a wireless infrastructure provider fails to pay any required fee, or annual payment to the town, and fails to respond within 60 days to a written inquiry from the town as to whether the wireless services provider or the wireless infrastructure provider intends to continue to operate a wireless facility or wireless town support structure, for whatever reason, the wireless facility shall be deemed abandoned and the town may, at its sole option, remove all or any portion of the wireless facility or wireless support structure, or take other action as authorized by law, including recovery of actual costs incurred in removing the wireless facility or wireless support structure.
(Ord. 18-22, passed 11-5-18)