(A) The owner of any wireless telecommunications facility or wireless facility shall be required to provide a minimum of 30 days’ written notice to the Town Clerk prior to abandoning any wireless telecommunications facility or wireless facility.
(B) Under the following circumstances, the town may determine that the health, safety, and welfare interests of the town warrant and require the removal of wireless telecommunications facilities.
(1) Wireless telecommunications facilities that have been abandoned (such as, not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days of abandonment;
(2) Permitted wireless telecommunications structures or facilities fall into such a state of disrepair that it creates a health or safety hazard; and
(3) Wireless telecommunications structures or facilities have been located, constructed or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization and the special permit may be revoked.
(C) If the town makes such a determination as noted in division (A) of this section, then the town shall notify the holder of the special use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed, the town may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
(D) The holder of the special use permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the town. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the town.
(E) If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the town may order officials or representatives of the town to remove the wireless telecommunications facilities at the sole expense of the owner or special use permit holder.
(F) If, the town removes, or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within ten days, then the town may take steps to declare the wireless telecommunications facilities abandoned, and sell them and their components.
(G) Notwithstanding anything in this section to the contrary, the town may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion or re-location of the affected wireless telecommunications facilities shall be developed by the holder of the special use permit, subject to the approval of the town, and an agreement to such plan shall be executed by the holder of the special use permit and the town. If such a plan is not developed, approved and executed within the 90-day time period, then the town may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section and utilize the bond in this section.
(Ord. O-2007-30IN, passed 12-4-2007)