(a) Excess Capacity. To reduce Excavation and congestion in the Public Right-of-Way, it is the Village's goal to encourage Service Providers to share occupancy of utility poles, as well as to construct, whenever possible, excess available space on utility poles for occupancy of future Small Cell Facilities in the Public Right-of-Way. The Service Provider may charge a reasonable market lease rate to other Providers for occupancy of the additional utility pole space as reimbursement.
(b) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the Village, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any Small Cell Facility and Wireless Support Structure in the Public Right-of-Way whenever the Village shall have determined that such removal, relocation, change, or alteration is reasonably necessary for:
(1) The Construction, Reconstruction, repair, maintenance, or installation of any Village or other public improvement in or upon the Public Right-of-Way.
(2) The operations of the Village or other governmental entity in or upon the Public Right-of-Way.
(c) Removal of Unauthorized Small Cell Facility and Wireless Support Structure. Within thirty (30) days following written notice from the Village, any Service Provider or other Person that owns, controls, or maintains any unauthorized Small Cell Facility, Wireless Support Structure, or related appurtenances in the Public Right-of-Way shall, at its own expense, remove the Small Cell Facility, Wireless Support Structure, or appurtenances from the Public Right-of-Way of the Village. After the thirty (30) days have expired, the Village may remove the Small Cell Facility, Wireless Support Structure, or appurtenances from the Public Right-of-Way at the other party's expense. A Small Cell Facility and Wireless Support Structure is unauthorized and subject to removal in the following circumstances:
(1) Upon revocation of the Service Provider's consent to Occupy or Use the Public Right-of-Way;
(2) Upon the abandonment of a Small Cell Facility and Wireless Support Structure in the Public Right-of-Way of the Village;
(3) If the Small Cell Facility and Wireless Support Structure was Constructed, Reconstructed, installed, operated, located, or maintained without the consent to do so, except as otherwise provided by this Chapter;
(4) If the Small Cell Facility and Wireless Support Structure was Constructed, Reconstructed, installed, operated, located, or maintained, or any Excavation of a Public Right-of-Way was performed, without prior issuance of a required Construction Permit, except as otherwise provided by this Chapter;
(5) If the Small Cell Facility and Wireless Support Structure was Constructed, Reconstructed, installed, operated, located, or maintained, or any Excavation of a Public Right-of-Way was performed, at a location not permitted pursuant to the Village's consent to Occupy or Use the Public Right-of-Way or Construction Permit;
(d) Emergency Removal or Relocation of Small Cell Facility and Wireless Support Structure. The Village retains the right and privilege to cut or move any Facilities, or stop work on any Construction, Reconstruction, installation, operation, or Excavation, located in the Public Right-of-Way of the Village, as the Village may determine to be necessary, appropriate, or useful in response to any need to protect the public health, safety, or welfare.
(e) Abandoned and Damaged Facilities.
(1) A Service Provider 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 365 days from the date the use was discontinued, the Facilities shall be considered a nuisance and the Village may remove the Facilities at the expense of the Service Provider.
(2) In the event the Facilities are damaged, the Service Provider 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, then the damaged Facilities shall be considered a nuisance and the Village may remove the Facilities at the expense of the Service Provider.
(Ord. 25-2018. Passed 9-10-18.)