Provider shall remove network nodes and node support poles when such facilities are abandoned regardless of whether or not it receives notice from the town. Unless the town sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of ninety (90) days of the network nodes and node support poles being abandoned or within ninety (90) days of receipt of written notice from the town. When provider removes or abandons permanent structures in the Right-of-Way, the provider shall notify the town in writing of such removal or abandonment and shall file with the town the location and description of each network node or node support pole removed or abandoned. The town may require the provider to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Provider shall remove and relocate its network nodes and node support poles at its own expense to an alternative location not later than one hundred twenty (120) days after receiving written notice that removal, relocation, and/or alteration of the network nodes and/or node support poles is necessary due to:
(1) 
Construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any town construction or maintenance project or other public improvement project;
(2) 
Maintenance, upgrade, expansion, replacement, removal or relocation of the town’s pole or structure upon which provider’s network nodes are attached;
(3) 
The network node or node support pole, or portion thereof, is adversely affecting proper operation of traffic signals, streetlights or other town property;
(4) 
Closure of a street or sale of town property;
(5) 
Projects and programs undertaken to protect or preserve the public health or safety;
(6) 
Activities undertaken to eliminate a public nuisance;
(7) 
Provider fails to obtain all applicable licenses, permits, and certifications required by laws for its network nodes or node support poles; or
(8) 
Duty otherwise arising from applicable law.
(b) 
Provider’s duty to remove and relocate its network nodes and node support poles at its expense is not contingent on the availability of an alternative location acceptable for relocation. town will make reasonable efforts to provide an alternative location within the right-of-way for relocation, but regardless of the availability of an alternative site acceptable to provider, provider shall comply with the notice to remove its network nodes and node support poles as instructed.
(c) 
The town may remove the network node and/or node support pole if provider does not remove such within one hundred twenty (120) days. In such case, provider shall reimburse town for the town’s actual cost of removal of its network nodes and node support poles within 30 days of receiving the invoice from the town.
(Ordinance 18-832 adopted 11/12/18)
(a) 
If the provider removes or relocates at its own discretion, it shall notify the town in writing not less than ten (10) business days prior to removal or relocation. Provider shall obtain all Permits required for relocation or removal of its network nodes and node support poles prior to relocation or removal.
(b) 
The town shall not issue any refunds for any amounts paid by provider for network nodes and node support poles that have been removed.
(Ordinance 18-832 adopted 11/12/18)
Provider shall repair any damage to the right-of-way, and the property of any third party resulting from provider’s removal or relocation activities (or any other of provider’s activities hereunder) within ten (10) days following the date of such removal or relocation, at provider’s sole cost and expense, including restoration of the right-of-way and such property to substantially the same condition as it was immediately before the date provider was granted a permit for the applicable location, including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the town.
(Ordinance 18-832 adopted 11/12/18)
Provider shall be responsible and liable for the acts and omissions of provider’s employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, sub lessees, and subcontractors in connection with the performance of activities within the town’s right-of-way, as if such acts or omissions were provider’s acts or omissions.
(Ordinance 18-832 adopted 11/12/18)