[HISTORY: Adopted by the Council of the Municipality of Murrysville 8-5-2020 by Ord. No. 1026-20. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Right-of-Way Design Guidelines
A. 
This chapter shall be known and may be cited as the "Public Right-of-Way Ordinance."
B. 
The Intent of this chapter is to be in conformance with applicable state and federal laws, amend all applicable provisions of the Murrysville ordinances and existing local laws relating to the subject matter of this chapter; and to apply the provisions of this chapter only to activities of facilities within the public right-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the Municipality relating to the review and issuance of a permit, including review by the planning staff to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. This process does not involve the exercise of discretion: either the issuance of a permit is in conformity with the applicable provisions of this chapter or it is not. This process is not subject to a public hearing.
ANTENNA
Communications equipment that transmits and/or receives electromagnetic radio signals used in the provision of all wireless communications. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
APPLICABLE CODES
Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted as the Uniform Construction Code pursuant to the Construction Code Act[1] to the extent such codes have been adopted by the Municipality or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
APPLICANT
A wireless communications company or infrastructure providers that submits an application.
APPLICATION
A request submitted by an applicant to the Municipality under this chapter.
COLLOCATION or COLLOCATE
The mounting or installation of transmission equipment on an existing utility pole or other suitable structure for communication purposes.
COMMUNICATIONS SERVICE PROVIDER
A cable operator, as defined in 47 U.S.C. § 522(5), a provider of information service, as defined in 47 U.S.C. § 153(24), a telecommunications carrier as defined in 47 U.S.C. § 153(51), or a network provider.
DECORATIVE POLE
A utility pole that is specially designed and placed for aesthetic purposes.
DESIGN GUIDELINES
The generally applicable objective aesthetic and safety requirements that the Municipality imposes on a nondiscriminatory basis upon infrastructure in a public right-of-way, including Americans with Disabilities Act Accessibility Guidelines (ADAAG) standards adopted by the Municipality, and public rights-of-way Accessibility Guidelines (PROWAG) if adopted by the Municipality to achieve compliance with the Americans with Disabilities Act. This includes adherence to applicable safety requirements established by the Municipality, as not to obstruct or hinder pedestrian or vehicular travel.
DISCRETIONARY REVIEW
Review of an application by the Municipality relating to the review and issuance of a permit, that is other than an administrative review. Discretionary review involves discretion on the part of the Municipality (subject to any applicable limits on such discretion) In determining whether to issue a permit and may be subject to one or more public hearings or meetings.
ELIGIBLE FACILITIES REQUEST
Has the same meaning as an eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as may be amended from time to time.
FACILITY
Any small wireless facility or non-wireless utility facility.
FEE
A one-time, nonrecurring charge, whether a fixed amount or cost-based amount based on time and expense.
GENERALLY APPLICABLE PERMITS
Administrative review permits applied on a competitively neutral basis to any work done in the Municipality or in the public right-of-way, as applicable. Generally applicable permits include, without limitation, electrical permits, building permits, street opening permits, or traffic and lane closure permits.
HISTORIC DISTRICT
A group of buildings, properties or sites that are Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register; determined to be eligible for listing by the keeper of the National Register of Historic Places who has been delegated the authority by a Federal agency to list properties and determine their eligibility for the National Register in accordance with section VI.D.1.a.l-v of the Nationwide Programmatic Agreement for Review Regarding the Section 106 National Historic Preservation Act Review Process (47 CFR Pt. 1, App. C); marked as a historical site by the Pennsylvania Historical and Museum Commission pursuant to 37 Pa.C.S.(relating to historical and museums); or within a Historic District created pursuant to the act of June 13, 1961 (P.L. 282, No. 167),[2] entitled "An act authorizing counties, cities, boroughs, incorporated towns and townships to create Historic Districts within their geographic boundaries; providing for the appointment of Boards of Historical Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings within the Historic Districts."
LAWS
Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITY
A small wireless facility that does not exceed six cubic feet in total volume, excluding exterior antennas, and all exterior antennas do not exceed 2.5 cubic feet in total volume.
MODIFICATION or MODIFY
The improvement, upgrade or replacement of a facility or utility pole.
MUNICIPALITY
The Municipality of Murrysville.
MUNICIPALITY-OWNED POLE
A utility pole owned, managed, or operated by or on behalf of the Municipality (to include light poles, light standards, traffic signals).
NETWORK PROVIDER
A wireless infrastructure provider or a wireless services provider.
NONWIRELESS UTILITY FACILITY
Any aboveground public utility facilities in the public right-of-way other than a wireless facility, including for the provision of electric, telecommunications, cable or broadband services.
ORDINARY MAINTENANCE
With respect to a wireless facility and/or the associated support structure, or utility pole, inspections, testing, repair and modifications that maintain functional capacity, aesthetic and structural integrity, and with respect to a wireless facility only, the replacement of antennas and/or other components of the wireless facility, with antennas and other components substantially similar, in color, aggregate size and other aesthetics to that previously permitted by the Municipality (and/or consistent with the same height an volume limits for wireless facilities under this chapter), so long as the support structure or utility pole will structurally support, or prior to installation will be modified to support, the structural load. Modifications are limited to the structural load analysis supplied by the applicant to the Municipality, and by the volume limits in the definition of "small wireless facilities." Modifications beyond the foregoing must be requested in writing by the applicant and may be subject to discretionary approval by the Municipality.
PERMIT
A written authorization (in electronic or hard copy format) required by the Municipality.
PERSON
An individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization.
PRIVATE EASEMENT
The area on, below, or above privately owned property that has been designated for use as or is used for a specific utility purposes (such as for electric, cable, telecommunications or other utility purpose), and is evidenced by a recorded instrument in the public land records pursuant to a recorded plat, easement or right-of-way or is otherwise a legally enforceable easement, and does not include any portion of a public right-of-way.
PUBLIC RIGHT-OF-WAY
The space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the Municipality, and any unrestricted public easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the Municipality, but excluding any right-of-way under control of any federal, state or municipal authority other than Municipality.
PUBLIC UTILITY
Has the meaning set forth in 66 Pa. Const. Stat. § 102.
RATE
A recurring charge.
SMALL WIRELESS FACILITY (also referred to as "Small Cells")
Has the same meaning as small wireless facility as set forth in 47 CFR § 1 1312(e)(2) are facilities that meet each of the following conditions.
A. 
The facilities:
(1) 
Are mounted on structures 50 feet or less in height including their antennas as defined in § 217-2; or
(2) 
Are mounted on structures no more than 10% taller than other adjacent structures; or
(3) 
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.
B. 
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 217-2, is no more than three cubic feet in volume.
C. 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
D. 
The facilities do not require antenna structure registration with the FCC.
E. 
The facilities are not located on Tribal lands as per 36 CFR 800.16(4).
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed facility or its design or site location can be implemented without a reduction in the functionality.
UTILITY POLE
A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include horizontal structures to which signal lights or other traffic control devices are attached.
WIRELESS FACILITY
The equipment and network components, including antennas, transmitters and receivers and associated ancillary equipment installed and operated by a network provider at a single location. The term does not include the structure, on, under, or within which the equipment is collocated; or coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one example of a wireless facility.
WIRELESS SERVICES
Any wireless services including, without limitation. Personal wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i), whether at a fixed location or mobile, provided to the public using wireless facilities.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[2]
Editor's Note: See 53 P.S. § 8001 et seq. as amended.
A. 
Fees and rates. All fees and rates shall be established from time to time by resolution of the Council for the Municipality subject to the following limitations:
(1) 
Application fee, shall be $500 which shall include up to five small cell facilities with an additional $200 for each small cell facility beyond five.
(2) 
Make-ready fee, determined on a site-specific, engineering basis, for work reasonably necessary to make a particular Municipality-owned pole suitable for attachment of the applicable small wireless facility shall be paid upon submission of the application as more particularly described in § 217-5H(1) below.
(3) 
Annual right-of-way fee, including, but not limited to rental fees, access fees, or site license fees for the initial deployment or continuing presence of a small wireless facility in a public right-of-way shall not exceed $270 per small wireless facility.
(4) 
Generally applicable, nondiscriminatory fees, for deployment of a facility or utility pole such as electrical permits, building permits, street opening permits, or traffic and lane closure permits, shall be paid by the applicant as required in the applicable provisions of the Municipality's ordinances or fee resolution.
(5) 
Annual attachment rate, the maximum annual rate for collocation of a small wireless facility on a Municipality-owned utility pole is $270 and shall be nondiscriminatory regardless of the services provided by the applicant. The applicant may remove its facilities at any time from the public right-of-way (including, without limitation, on an Municipality-owned utility pole), upon not less than 30 days' prior written notice to the Municipality and may cease paying to the Municipality any applicable rate for such use, as of the date of actual removal of the facilities, provided, however, that there shall be no refund for fees previously paid in advance.
A. 
Authorization: The following facilities are authorized within the public right-of-way as a permitted use not subject to discretionary review, and subject only to administrative review, issuance of a permit, and compliance with this chapter. All other modifications or replacements (including for wireless facilities in the public right-of-way exceeding the small wireless facility size limitations) are subject to discretionary review under the Zoning Ordinance.
(1) 
Install, maintain, and modify small wireless on existing utility poles.
(2) 
Modification of a utility pole or replacement of a utility pole, for collocation or modification of a small wireless facility that qualifies as an eligible facilities request.
(3) 
Construction of a new utility pole or replacement of a utility pole that does not exceed the maximum height set forth in § 217-5C(1)(a)[1] below.
(4) 
Installation of new nonwireless utility facilities.
(5) 
Collocation on other structures within the public right-of-way.
(6) 
Any application for a facility that complies with the design guidelines.
(7) 
Any other application that the Administrator deems appropriate for administrative review.
B. 
Permit required. No person shall place any small wireless facility, new utility pole or replacement utility pole in the public right-of-way without first filing an application and obtaining a permit therefor, except as otherwise expressly provided in this chapter or applicable laws.
C. 
Permit exceptions. An application shall not be required for ordinary maintenance (other than to the extent required for permits of general applicability relating to lane closure and traffic safety considerations); or the installation of a micro wireless facility on a cable strand supported between utility poles.
D. 
Pole replacements. In the event that any utility pole is replaced with a new utility pole of identical height within three feet of an existing pole for ordinary maintenance, no permits shall be required provided that the pole owner shall notify the Municipality no later than 15 days following the replacement; and all transfers shall be completed and the previous pole removed within 180 days following the notification.
E. 
Undergrounding provisions. Applicants shall comply with the Municipality's design guidelines for placing all electric, cable, and communications facilities underground in certain designated portions of the public right-of-way, provided that:
(1) 
The Municipality required all electric, communications, and cable facilities, other than Municipality-owned poles and attachments, to be placed underground by a date certain that is three months prior to the date on which the application is submitted;
(2) 
The replacement of Municipality-owned poles in the designated area in accordance with this chapter is not prohibited; and
(3) 
Applicants may seek a waiver of the underground requirements for the installation of a new utility pole to support small wireless facilities, to be granted in a competitively neutral and non discriminatory manner.
F. 
Effect of permit.
(1) 
Authority granted; no property right or other interest created. A permit from the Municipality authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the public right-of-way.
(2) 
Duration of permit. Approval of an application and issuance of a permit authorizes an applicant to operate and facilities and utility poles covered by the permit for as long as the facility remains in active use and in compliance with all applicable laws.
(3) 
Time limit for work. The proposed work for which a permit is granted under this chapter shall be completed within one year of the permit issuance date unless the Municipality and the applicant agree to extend the period.
(4) 
Standard of care. An occupant of the public right-of-way shall employ due care during the installation and maintenance process, and comply with all laws and applicable codes. All facilities in the public right-of-way shall be kept and maintained in a safe and well-ordered condition, and in good order and repair.
G. 
Information updates. Any material change to information contained in an application shall be submitted in writing to the Municipality within 30 days after the change.
H. 
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this chapter shall be accompanied by the required fees.
A. 
Administrative review application requirements. Application for a small wireless facility shall be made by a network provider and shall contain the following:
(1) 
The applicant's identifying information and certification by the applicant that it agrees to pay applicable fees and rates, repair damage, and comply with all nondiscriminatory and generally applicable public right-of-way requirements and the contact information for the party that will respond in the event of an emergency related to the small wireless facility.
(2) 
A site plan with a diagram or engineering drawing depicting the location and design for installation of the small wireless facility with sufficient detail for the Municipality to determine that the design of the installation and any new utility pole or any replacement or modification of a utility pole is consistent with applicable codes and design guidelines;
(3) 
Identification of any third party upon whose utility pole the applicant Intends to collocate and certification by the applicant that it has sought approval from the third party; with any final permit being conditional upon obtaining final approval;
(4) 
The applicant's certification of compliance with surety bond, Insurance, or Indemnification requirements Imposed generally on persons permitted to construct facilities in the public right-of-way;
(5) 
The applicant's self-certification that the filing and approval of the application is required by the network provider to provide additional capacity or coverage for wireless services.
(6) 
When applying to install a new utility pole, the Municipality may require the network provider to demonstrate that it cannot meet the service reliability and functional objectives of the application by collocating on an existing utility pole within 50 feet instead of installing a new utility pole. The network provider's determination shall be based on whether the network provider can meet the service objectives of the application by collocating on an existing utility pole or Municipality-owned pole on which:
(a) 
The network provider has the right to collocation.
(b) 
The collocation would be technically feasible.
(c) 
The collocation would not obstruct or hinder travel or public safety.
B. 
Review of applications.
(1) 
An application shall be reviewed for conformance with the Municipality's applicable ordinances. An applicant seeking to collocate, maintain or modify a small wireless facility or Install a utility pole associated with a small wireless facility, shall be granted a permit subject to the following requirements:
(a) 
The Municipality shall allow an applicant, at the applicant's discretion to include up to 10 small wireless facilities within a consolidated application. The Municipality's denial of any site or sites within a consolidated application shall not affect other sites submitted in the same consolidated application. The Municipality shall grant a permit(s) for any and all sites in a consolidated application that it does not otherwise deny, subject to the requirements of this section. A single applicant may not submit more than one consolidated or 10 single applications in a thirty-day period.
(b) 
Within 10 business days of receiving an application, the Municipality must determine and notify the applicant in writing if the application is incomplete, and specifically identify the missing information. The applicant shall not be obligated to process the application until the applicant has corrected any deficiencies.
(c) 
Except when extension of the review period is allowed by this section, the Municipality must make its final decision to approve or deny all small wireless facilities within an application within 60 days of receiving the complete application (either the initial application date or the corrected application date if the Municipality found the application to be incomplete).
(d) 
Any application or any portion of an application that is not approved or denied within 60 days is deemed approved, unless the sixty-day period has been extended by mutual agreement of the Municipality and the applicant. If the period has been extended, then the date on which approval will be deemed to occur is also extended to the same date of the applicable extension.
(e) 
The timeframes for approval or denial of an application in this section shall apply to all permits required for construction of the facility, including generally applicable permits required for construction of the facility or for the necessary provision and metering of electric service for the facility and excavation for underground service connections and any generally applicable permits.
(2) 
Denial of application. The Municipality shall not deny an application unless:
(a) 
The applicant has failed to satisfy the requirements of this chapter or has failed to comply with the design guidelines.
(b) 
The granting of a permit would materially interfere with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (public Law 101-336, 104 Stat 327) or similar federal or state standards regarding pedestrian access or movement; or
(c) 
The applicant may cure the deficiencies identified by the Municipality and resubmit the application within 30 days of the denial and shall not be required to pay an additional application fee if the revised application addresses all deficiencies listed in the denial. The Municipality shall approve or deny the revised application within 30 days of the application being resubmitted for review. The subsequent review of the revised application will be limited to the specifically identified missing or deficient information. If supplemental information is not received within 30 days of the date on which notice of incompleteness is sent by the Municipality, then the application may be denied and a new application required. The Municipality and the applicant may mutually agree to toll the sixty-day period.
The Municipality must advise and applicant in writing in the final decision document the basis for a denial, including specific ordinance provisions or regulations on which the denial was based. The applicant may appeal a final denial to Zoning Hearing Board.
C. 
Review of eligible facilities requests. Notwithstanding any other provision of this chapter, the Municipality shall approve within 60 days and may not deny applications for eligible facilities requests according to the procedures established under 47 C.F.R. 1.40001(c).
D. 
Small wireless facilities and utility poles; maximum height; other requirements.
(1) 
Maximum height. Each small wireless facility shall be installed on an existing utility pole or a new, modified or replacement utility pole in the public right-of-way as a permitted use in accordance with this section, subject to the following requirements:
(a) 
The maximum permitted height of the facility, which shall include the utility pole and small wireless facility, installed in the public right-of-way shall not exceed the greater of:
[1] 
Five feet above the tallest existing utility pole in the public right-of-way, and located within 500 feet of the new utility pole in the same public right-of-way within the Municipality; or
[2] 
Forty-five feet above ground level.
(b) 
Subject to the provisions of this chapter, a network provider shall have the right to collocate and install, modify or replace a utility pole that exceeds these height limits in a public right-of-way by including a height limit waiver request in the application. Height limit waivers shall be processed under § 217-5D and on a nondiscriminatory basis.
E. 
Historic District. Except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. § 1.1307(a)(4) or any subsequently enacted similar regulations, the Municipality may require reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures in a Historic District, provided that they do not have the effect of prohibiting any applicant's technology or substantially reducing the functionality of the wireless facility, and the Municipality permits alternative design or concealment measures that are reasonably similar.
Discretionary review requirements. Any application that does not qualify for administrative review pursuant to § 217-4 above shall be subject to discretionary review.
A. 
Notice. Within 90 days following written notice from the Municipality, a network provider or public utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any facility within the public right-of-way whenever the Municipality has determined that such action is reasonably necessary for the construction, repair, maintenance, or installation of any Municipality improvement in or upon, or the operations of the Municipality in or upon, the public right-of-way.
B. 
Emergency removal or relocation of facilities. The Municipality retains the right and privilege to cut power to or move any facility located within the public right-of-way of the Municipality, as the Municipality may determine to be necessary, appropriate, or useful in response to any public welfare or safety emergency. If circumstances permit, the Municipality shall notify the facility owner and provide an opportunity to move its own facilities prior to action by the Municipality and in all cases shall notify the facility owner as promptly as reasonably possible after taking action.
C. 
Abandonment of facilities. A network provider or public utility shall notify the Municipality of discontinuance of use of any facility and shall remove such facility within 180 days after discontinuance.
A. 
General applicability. The Municipality shall allow collocation of small wireless facilities by an applicant on Municipality-owned poles within a public right-of-way using the process required under this chapter unless the small wireless facility would cause structural or safety deficiencies to the Municipality-owned pole, in which case the Municipality and the applicant shall work together for any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility. All structures and facilities shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the public right-of-way.
B. 
Decorative poles. The Municipality reserves discretion to prohibit collocation on a decorative pole, provided that it shall not enter into an exclusive arrangement with any person for the right to collocate on Municipality-owned poles. The Municipality and network provider shall work cooperatively to determine whether the collocation can occur if the network provider replaces the decorative pole in a manner that shall conform to the design aesthetics of the decorative pole being replaced.
C. 
Make-ready. For any collocation on a Municipality-owned utility pole in the public right-of-way, the Municipality shall provide a good faith estimate for any make-ready work necessary to enable the Municipality-owned utility pole to support the requested collocation, including replacement of the utility pole if necessary, within 60 days after receipt of a completed application requesting collocation to the Municipality-owned utility pole. Make-ready work including any pole replacement shall be completed within 120 days of written acceptance of the good faith estimate by the provider. Such acceptance shall be signified by payment via check or other commercially reasonable and customary means specified by the Municipality.
(1) 
The Municipality may require an applicant to replace an existing Municipality-owned utility pole when collocating a small wireless facility only if the Municipality demonstrates that the collocation would make the Municipality pole structurally unsound.
(2) 
The Municipality shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work on a replacement utility pole shall not include costs related to preexisting or prior damage or noncompliance. Fees for make-ready work, including replacement, shall not exceed actual costs or the amount charged to other communications service providers for similar work and shall not include any consultant fees or expenses that are charged on a contingency basis.
D. 
Maintenance, repair and replacement of Municipality-owned utility poles.
(1) 
Maintenance. From time to time, the Municipality may paint, recondition, or otherwise improve or repair the Municipality-owned poles in a substantial way ("maintenance work"). The network provider shall reasonably cooperate with the Municipality to carry out maintenance work activities in a manner that minimizes interference with the network provider's approved use of the facility. Prior to commencing maintenance work, the Municipality will use reasonable efforts to provide the network provider with at least 120 days' prior written notice. Upon receiving that notice, it shall be the network provider's sole responsibility to provide adequate measures to cover, remove, or otherwise protect the network provider's wireless facility from the consequences of the maintenance work, including but not limited to paint and debris fallout. The Municipality reserves the right to require the network provider to remove all of the network provider's wireless facility from the Municipality-owned pole and surrounding premises during maintenance work, provided the requirement to remove same is contained in the written notice required by this subsection. All cost associated with the protection measures, including temporary removal, shall be the sole responsibility of the network provider. If the Municipality fails in good faith to give notice of less than 120 days' notice, it will not affect the Municipality's rights under this subsection. In all cases, as much notice as possible should be provided, but in no case less than 30 days' notice shall be provided. The Municipality will provide the network provider with a date by which its equipment must be protected or removed. The provider may request a modification of the Municipality procedures for carrying out maintenance work in order to reduce the interference with provider's operation of its wireless facility. If the Municipality agrees to the modification, the provider shall be responsible for all reasonable incremental cost related to the modification.
(2) 
Repair. If the Municipality-owned poles need to be repaired due to storm or other damage ("repair work"), the Municipality shall notify the network provider to remove its facilities as soon as possible. In the event of an emergency, the Municipality shall contact the network provider by telephone at its emergency contact of record upon or prior to removing the network provider's equipment. The Municipality shall also promptly notify the network provider when the repaid work has been completed so that the network provider may reinstall its equipment. During Municipality repair work, the network provider may maintain a temporary wireless facility on the property, or after approval by the network provider, on any land owned or controlled by the Municipality in the vicinity of the property. All cost associated with any removal or protection of communications facilities shall be the sole responsibility of the network provider, except to the extent caused by third parties or the Municipality.
(3) 
Replacement. If the Municipality-owned utility poles need to be replaced ("replacement work"), the Municipality shall provide network provider with at least 120 days' written notice to remove its facilities. The Municipality shall also promptly notify the network provider when the replacement work has been completed so that the network provider may reinstall its equipment. During the replacement work, the network provider may maintain a temporary wireless facility on the property, or after approval by the Municipality, on any land owned or controlled by the Municipality, in the vicinity of the property. If the property will not accommodate the network provider's temporary wireless facility or if the parties cannot agree on a temporary location, the network provider, at its sole option, shall have the right to suspend the applicable permit, until the replacement utility pole is installed, upon 30 days' written notice to the Municipality.