[Ord. No. 1065, 6/23/2025]
1. 
The following words, when used in this Part, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
APPLICANT
Any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, governmental authority or other entity that is seeking a right-of-way use agreement and/or right-of-way construction permit in order to construct, operate, and maintain facilities in the right-of-way.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, and as hereafter amended (47 U.S.C. § 521 et seq., as hereafter amended).
CABLE FRANCHISE
Authorization granted by the Town in accordance with the Cable Act, authorizing a person to own, construct, operate and maintain a cable system to provide cable service within the Town.
CABLE OPERATOR
A person providing or offering to provide cable service over a cable system within the Town as that term is defined in the Cable Act.
CABLE SERVICE
The one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
COLLOCATION
The mounting of one or more WCFs, including antennas, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.
ELIGIBLE FACILITIES REQUEST
Any request for modification of a wireless support structure that currently supports one or more WCFs that does not substantially change the physical dimensions of such wireless support structure, involving:
A. 
Collocation of a new WCF or accessory equipment;
B. 
Removal of a WCF or accessory equipment; or
C. 
Replacement of a WCF or accessory equipment.
EMERGENCY
A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public, as determined by the Town in its sole discretion.
FACILITIES
Conduit, pipes, cables, wires, lines, towers, optic fiber, antennas, poles, associated equipment and appurtenances, and any other infrastructure or materials located in the right-of-way and designed, constructed, and/or used by right-of-way occupants for transmitting, transporting, or distributing communications, telecommunications, electricity, natural gas or manufactured gas, oil, gasoline, steam, or any other form of energy, signal or substance, or for any other lawful purpose.
PUBLIC UTILITY
Any entity that is currently certificated as a public utility by the Public Utility Commission of the Commonwealth of Pennsylvania.
PUBLIC UTILITY COMMISSION (PUC)
The Public Utility Commission of the Commonwealth of Pennsylvania.
RIGHT-OF-WAY CONSTRUCTION PERMIT or PERMIT
A permit issued by the Town authorizing use of the public rights-of-way, issued pursuant to this Part.
RIGHT-OF-WAY OCCUPANT
An applicant for, or recipient of, a right-of-way agreement, right-of-way construction permit or cable franchise that is issued by the Town pursuant to this Part, and persons holding existing franchises, special ordinances, or other authorizations for use of the rights-of-way, or otherwise maintaining facilities in the rights-of-way, including the Town, its departments, agencies, and authorities.
RIGHT-OF-WAY USE AGREEMENT
An agreement authorizing use of the rights-of-way by a person seeking to construct, maintain, and operate facilities within the rights-of-way of the Town of Bloomsburg.
RIGHTS-OF-WAY
The surface and the area across, in, over, along, under and upon the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other rights-of-way, as the same now or may thereafter exist, which are under the jurisdiction or control of the Town of Bloomsburg.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A. 
The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications:
(1) 
Each antenna associated with the deployment is no more than three cubic feet in volume; and
(2) 
The volume of all other equipment associated with the wireless communications facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet.
B. 
Any equipment used solely for the concealment of the small wireless communications facility shall not be included in the calculation of equipment volume.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed placement for a small wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless communications facility.
TOWN
The Town of Bloomsburg, County of Columbia, Commonwealth of Pennsylvania.
UNDERGROUND FACILITIES
Facilities located under the surface of the ground, excluding the underground foundations or supports for aerial facilities.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Town-owned land or property.
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services).
[Ord. No. 1065, 6/23/2025]
The requirements of this Part shall govern the construction, maintenance and operation of facilities within the rights-of-way of the Town of Bloomsburg, unless otherwise prescribed in an ordinance of the Town or a valid agreement between the Town and any right-of-way occupant.
[Ord. No. 1065, 6/23/2025]
Administration of this Part shall be the responsibility of the Town Director of Public Works or their designee.
[Ord. No. 1065, 6/23/2025]
1. 
All right-of-way occupants that are not public utilities shall be required to execute a valid right-of-way use agreement with the Town. The execution of a valid right-of-way use agreement shall be prerequisite to the issuance of any right-of-way construction permit authorizing the construction of facilities in the rights-of-way.
2. 
No right-of-way use agreement shall be required for any cable operator that is party to a valid cable franchise with the Town. Any cable operator seeking to provide service in the Town shall be required to obtain a valid cable franchise from the Town prior to providing cable service in the Town.
[Ord. No. 1065, 6/23/2025]
1. 
Unless otherwise provided in this Part, right-of-way occupants shall first obtain a right-of-way construction permit from the Town in accordance with the requirements of this Part prior to the construction or placement of any facilities in the right-of-way.
2. 
Right-of-Way Construction Permit Requirements.
A. 
A right-of-way construction permit shall authorize the right-of-way occupant to construct only those facilities expressly specified by the right-of-way construction permit. Such authorization shall be valid only for the dates and area(s) of the rights-of-way specified in such right-of-way construction permit.
B. 
Upon the expiration of a valid right-of-way construction permit, the right-of-way occupant must immediately cease all construction activity contemplated by the expired permit until such time as a new right-of-way construction permit is granted to the right-of-way occupant by the Town.
C. 
No right-of-way construction permit shall be required for the installation, repair or maintenance of facilities by or for or owned and/or operated by the Town.
3. 
Emergency repairs may be undertaken without first obtaining a right-of-way construction permit; provided, however, that the right-of-way occupant must inform the Town Director of Public Works of such repairs as immediately as is practicable and shall apply for a right-of-way construction permit within 24 hours of the onset of the emergency. Such application shall include all information required by § 21-406 and shall provide a detailed written description of the emergency and the work that was performed to remedy, whether completed or ongoing, to address such issues as have arisen from the emergency.
[Ord. No. 1065, 6/23/2025]
1. 
An application for a right-of-way construction permit shall be submitted to the Town Director of Public Works. Applications for right-of-way construction permits shall be submitted in writing.
2. 
An application for a right-of-way construction permit shall include, at minimum, the following information:
A. 
The firm name, primary contact name, address, e-mail and telephone number of each applicant by or for whom facilities will be installed in the rights-of-way. If the proposed project involves multiple parties, contractors, or subcontractors, then the application shall include the firm name, primary contact name, address, and e-mail and telephone contact information of each party along with a description of the work to be performed by each party.
B. 
A detailed description of the work to be performed pursuant to the right-of-way use permit, including all construction activity, the locations of such construction activity, and all facilities that will be constructed or installed.
C. 
Insurance documentation showing the following:
(1) 
Verification that an insurance policy has been insured to the applicant by an insurance company licensed to do business in the Commonwealth of Pennsylvania or a form of self-insurance acceptable to the Town.
(2) 
Verification that the applicant is insured as required by § 21-408(5) of this Part or applicable law.
(3) 
The Town may require a copy of the actual insurance policies.
D. 
A copy of the applicant's right-of-way use agreement, certificate of public convenience and necessity from the Public Utility Commission, or other legal authorization granting permission to occupy the rights-of-way.
E. 
Construction plans or other documentation clearly showing the proposed facilities to be constructed in the rights-of-way, all construction activity necessary in order to construct such facilities, all locations that will be affected by such construction, and the anticipated timeline for completion of all construction.
F. 
If traffic control will be required as part of the construction, a traffic control plan shall be submitted as part of the application.
G. 
If excavation is required, the applicant shall also be required to obtain a street excavation permit in accordance with the requirements of Chapter 21, Part 1, of the Town Code.
H. 
If the proposed facilities will be attached to utility poles or other property owned by a party other than the applicant, documentation shall be submitted showing that the applicant has obtained permission to attach the proposed facilities to such utility poles or other property.
I. 
All fees required by this Part, any other applicable provision of the Town Code and the Town fee schedule.
3. 
Approval.
A. 
Upon a determination that an application for a right-of-way construction permit is complete and satisfies all requirements of this Part, and that the applicant does not have a substantial history of non-compliance with the Town Code that has not been remedied, the Town Director of Public Works or their designee shall issue a right-of-way construction permit within 10 business days of the filing of the application.
B. 
If an application is incomplete or otherwise fails to comply with the requirements of this Part, the Town Director of Public Works shall issue a notice of denial, specifying the reasons for the denial, within 10 business days of the filing of the application.
C. 
The Town Director of Public Works or their designee may include in the issuance of any right-of-way construction permit such reasonable conditions as are necessary to protect the public health, safety and welfare of Town residents and preserve the rights-of-way, consistent with applicable federal and state law.
D. 
A right-of-way construction permit shall be valid for a period of 180 days from the date of issuance, unless otherwise specified by the Town Director of Public Works upon issuance of the right-of-way construction permit. If an applicant will need additional time to perform the activity contemplated by the right-of-way Permit, the applicant shall request such additional time as part of the application.
E. 
At any time prior to the expiration of a right-of-way construction permit, the right-of-way occupant may request an extension of the right-of-way construction permit by submitting a written request to the Town Engineer. Such request shall state the length of extension requested and shall provide an explanation as to why such extension is necessary. The Town Engineer may grant or deny such requests in their sole discretion.
4. 
Appeal. Any applicant or right-of-way occupant seeking that wishes to appeal a decision of the Town Director of Public Works under this Part may do so by filing an appeal with the Code Hearing Board pursuant to Chapter 5 of the Code of the Town of Bloomsburg.
[Ord. No. 1065, 6/23/2025]
1. 
The Town Council may establish by resolution such fees as are deemed necessary for the issuance and extension of right-of-way construction permits.
2. 
No permit shall be issued or extended without the payment of all applicable fees. All fees are non-refundable.
3. 
Occupancy of Town rights-of-way by any right-of-way occupant, excluding public utilities, is subject to the Town's right to fix annually a fair and reasonable compensation, which shall be directly related to the Town's actual right-of-way maintenance costs. Any such fee shall be determined by the Town and authorized by resolution of Town Council.
4. 
Cable operators party to a valid cable franchise agreement with the Town shall not be required to remit both a cable franchise fee and an annual right-of-way maintenance fee to the Town.
[Ord. No. 1065, 6/23/2025]
1. 
Scope of Work. A right-of-way occupant shall be permitted to perform the work detailed in the right-of-way construction permit. No additional work may be performed that is not included in the right-of-way construction permit.
2. 
Standard of Care. Each right-of-way occupant shall perform construction activity in a manner consistent and in compliance with the plans it submitted to the Town pursuant to this Chapter 21, all applicable industry standards and codes and applicable federal, state and local laws and regulations.
3. 
Street Excavation Permits. Except in the case of an emergency, no right-of-way occupant shall perform any street excavation in the rights-of-way without first obtaining a street excavation permit and paying the applicable fees pursuant to Chapter 21, Part 1, of the Town Code. The procurement of a street excavation permit shall only be necessary when the proposed street excavation and/or construction impacts Town streets; it shall not apply to any construction or excavation activities on state roads.
4. 
One Call. Whenever a right-of-way occupant or any of its contractors or subcontractors shall disturb any pavement, sidewalk or other public property in order to perform any underground activities, such right-of-way occupant will fully comply by registering with the state's "One Call" system pursuant to 73 P.S. § 176 et seq. Such right-of-way occupant shall provide the Town with information showing planned locations and reference points for equipment to be installed.
5. 
Insurance. Each right-of-way occupant shall file with the Town Director of Public Works properly executed certificates of insurance verifying that the right-of-way occupant is insured against claims for personal injury as well as against claims for property damage which may arise from the right-of-way occupant's activities within the Town, whether such activities be performed by the right-of-way occupant or anyone directly or indirectly employed by or contracted by the right-of-way occupant. Liability insurance for bodily injury and property damage shall be an amount not less than $1,000,000 for each accident and $2,000,000 in the aggregate. The right-of-way occupant shall save and hold harmless the Town from any and all damages and liability by reason of personal injury or property damage arising from work done by the right-of-way occupant under the provisions of this Part.
6. 
Relocation or Removal of facilities. Within 60 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary or such shorter period in the case of an emergency, a right-of-way occupant that is not a public utility shall temporarily or permanently remove, relocate, change or alter the position of any facilities within the right-of-way, excluding those underground, whenever the Town, consistent with applicable PUC regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
A. 
The construction, repair, maintenance, or installation of any Town or other public improvement in the right-of-way;
B. 
The operations of the Town or other governmental entity in the right-of-way;
C. 
Vacation of a street or the release of a utility easement; or
D. 
An emergency as determined by the Town.
7. 
Restoration of Property. A right-of-way occupant, including any contractor working for a right-of-way occupant, shall avoid any damage or disturbance to any public or private property in the rights-of-way. If any public or private property is damaged by the right-of-way occupant, including any contractor working for the right-of-way occupant, the right-of-way occupant shall promptly repair and restore such property within 10 business days. In the event that the right-of-way occupant fails to restore such property to its former condition within 10 business days, the Town may repair such property itself and assess all costs associated with such repair to the right-of-way occupant, including any attorneys' fees or engineering costs associated with such repair or the assessment and collection of the Town's costs pursuant to this section.
8. 
Damage to Trees. If a right-of-way occupant shall cause damage to any tree on public or private property, the right-of-way occupant shall either replace the tree with a tree of comparable quality or fully compensate the property owner for any damage to such tree.
9. 
Indemnification. Each right-of-way occupant shall, at its sole cost and expense, indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the right-of-way occupant, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the right-of-way occupant's facilities in the rights-of-way. Each right-of-way occupant shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the right-of-way occupant's construction, installation, operation, maintenance or removal of right-of-way occupant's facilities in the rights-of-way. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
10. 
Financial Security. The Town Director of Public Works may require a right-of-way occupant to maintain financial security adequate for costs associated with inspections, repair and removal of the facilities included in a right-of-way construction permit. Such financial security shall allow for the Town to recover any costs incurred by the Town as a result of any violation of the Town Code by the right-of-way occupant or any other obligations of the right-of-way occupant performed by the Town as a result of the right-of-way occupant's failure to do so.
[Ord. No. 1065, 6/23/2025]
Within 30 days of completion of any construction authorized by a right-of-way construction permit, and upon request thereafter, each right-of-way occupant shall submit to the Town Director of Public Works two paper copies and one electronic copy of maps depicting and certifying the location of all its existing facilities within the right-of-way.
[Ord. No. 1065, 6/23/2025]
1. 
Notice; Opportunity to Cure.
A. 
If a right-of-way occupant is found to be in violation of any of the requirements of this Part, the Town Director of Public Works shall notify such right-of-way occupant in writing of the nature of the violation. Upon receipt of such notice, the right-of-way occupant shall have five business days to correct such violation. If the nature of the violation is such that more than five business days is required to correct the violation, then the timeframe for remedy may be extended by Town Director of Public Works upon a showing by the right-of-way occupant that additional time is necessary and that the right-of-way occupant is diligently pursuing a cure.
B. 
If a right-of-way occupant fails to correct any violation within the timeframes detailed above, then the right-of-way occupant shall be subject to such penalties as are contemplated by this Part.
2. 
Penalties.
A. 
Any person violating any provision of this Part shall be fined $1,000 for each and every violation. Each failure to comply with the requirements of this Part, and each and every day during which such violation continues, shall constitute a separate offense.
B. 
If any public utility violates any provision of this Part, the Town may file a petition with the Public Utility Commission, detailing the nature of the violation and requesting such relief as is deemed appropriate by the Public Utility Commission.
3. 
Denial of future permits. The Town Director of Public Works reserves the right to deny the issuance of future permits to any person who is in violation of the requirements of this Part. This provision shall in no way prohibit or limit the right of the Town to bring legal action against a right-of-way occupant.
[Ord. No. 1065, 6/23/2025]
1. 
The following regulations shall apply to all wireless communications facilities located inside the rights-of-way:
A. 
Location Requirement. Small WCFs inside the rights-of-way shall be a permitted use in all Town zoning districts, subject to the requirements of this § 21-411 and generally applicable permitting as required by the Town Code.
B. 
Application Requirements.
(1) 
Applications for small WCFs shall be submitted to the Town Code Enforcement Officer.
(2) 
Applications for small WCFs shall include the following:
(a) 
The firm name, primary contact name, address, phone number and email address for both the WCF applicant and the owner of the proposed small WCF, if different. If the proposed project involves multiple parties, contractors, or subcontractors, then the application shall include the firm name, primary contact name, address, and email and telephone contact information of each party along with a description of the work to be performed by each party.
(b) 
A cover letter detailing the location of the proposed small WCF, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Town Code, signed by the representative of the WCF applicant responsible for preparation of the application.
(c) 
A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
1) 
If the small WCF is proposed for location on an existing structure or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
2) 
If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
(d) 
The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.
(e) 
An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
(f) 
Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the site as it currently exists and the site as it would appear following construction of the small WCF, clearly showing the proposed design and location of all equipment associated with the small WCF.
(g) 
If the proposed small WCF will be located on a structure owned by a party other than the WCF applicant, proof that the WCF applicant has obtained permission from the owner of the structure upon which the WCF will be attached allowing for construction of the proposed WCF.
(h) 
A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure, as designed, are structurally sound and shall not endanger public health and safety.
(i) 
A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.
(j) 
Proof of compliance with all applicable requirements of this § 21-411.
(k) 
All application fees required by the Town as detailed in the Town fee schedule.
C. 
Denial and Resubmission.
(1) 
If the Town denies an application for a small WCF, the Town Code Enforcement Officer shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Town Code on which the denial was based, within five business days of the denial.
(2) 
The WCF applicant may cure the deficiencies identified by the Town Code Enforcement Officer and resubmit the application to the Town Code Enforcement Officer within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Town Code Enforcement Officer shall approve or deny the revised application within 30 days of the application being resubmitted for review.
D. 
Standard of Care.
(1) 
All WCFs shall be designed, constructed, and maintained in strict compliance with the applicable requirements of the FCC and any other federal, state or local regulatory authority, and all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Town.
(2) 
If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for revocation of the zoning permit for the WCF.
E. 
Engineer inspection. Any information of an engineering nature that is submitted by the WCF applicant, whether civil, mechanical, structural, or electrical, shall be certified by a licensed professional engineer.
F. 
Eligible Facilities Requests. WCF applicants proposing a modification to an existing WCF that constitutes an eligible facilities request shall be required only to obtain a building permit from the Town Code Enforcement Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Town Code Enforcement Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall clearly detail all dimensional changes being made to the WCF and wireless support structure.
G. 
Wind and Ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
H. 
Interference. All WCFs shall comply with applicable FCC regulations regarding radio frequency interference.
I. 
Signs. All WCFs shall post a sign in a readily visible location clearly identifying the owner of the WCF and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency. Such signage shall be updated as immediately as is feasible in the event of a change in ownership of the WCF.
J. 
Radio Frequency Emissions. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended, at any time during the construction or operation of the WCF.
K. 
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 10, Part 2, of the Town Code, except in emergencies requiring the use of a backup generator to maintain functionality of the communications network, where such noise standards may be exceeded on a temporary basis only as permitted by the Town.
L. 
Permit Fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a WCF. Such permit fees shall be established by the Town fee schedule, and may be amended by the Town Council.
M. 
Abandonment; Removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Town Code Enforcement Officer of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
(1) 
All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Town, unless a time extension is approved by the Town.
(2) 
If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Town, the WCF and/or accessory equipment may be removed by the Town and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
(3) 
Where there are two or more users of a single WCF, the WCF shall not be deemed abandoned until all users have terminated use of the WCF for a period of six months.
N. 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(1) 
All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2) 
Regular maintenance shall be performed as is necessary to ensure the upkeep of the WCF in order to protect the safety and security of the Town's residents.
O. 
Inspection. The Town and/or its designee reserves the right to inspect any WCF at any time in order to ensure compliance with the provisions of this section and any other provisions found within the Town Code or state or federal law.
P. 
Timeframes for Review.
(1) 
Upon receipt of an application for a small WCF, the Town Code Enforcement Officer shall review the application for completeness. Within 10 business days of receiving an application, the Town Code Enforcement Officer shall notify the WCF applicant in writing whether the application is incomplete. Any such notice shall specifically identify the information that was determined to be missing from the application by the Town Code Enforcement Officer.
(2) 
Subject to applicable tolling procedures as established by federal and state law, the Town Code Enforcement Officer shall issue a final decision on any application for a collocated small WCF within 60 days of submission of any such application.
(3) 
Subject to applicable tolling procedures as established by federal and state law, the Town Code Enforcement Officer shall issue a final decision on any application for a small WCF that requires the installation of a new or replacement wireless support structure within 90 days of submission of any such application.
Q. 
Time, Place and Manner. Once approved, the Town Code Enforcement Officer shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
R. 
Attachment to Municipal Structures. The Town shall allow the collocation of small WCFs to structures owned by the Town in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that collocation on a higher priority support structure owned by a third party is not technically feasible. In order from most preferable to least preferable, the Town's collocation preferences are as follows.
(1) 
Power poles;
(2) 
Traffic signage poles without traffic signals;
(3) 
Traffic signal poles;
(4) 
Light poles;
(5) 
Decorative poles.
S. 
Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Town.
T. 
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Town.
U. 
Design Standards. All small WCFs in the Town shall comply with the requirements of the Town Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Town Department of Administration.
V. 
Change in Ownership. In the event of a change in ownership of any WCF, the owner of the WCF shall provide a notice of such change in ownership to the Town Code Enforcement Officer as promptly as is feasible.
W. 
Obsolete Equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the structure upon which the small WCF will be attached.
X. 
Relocation or Removal of Facilities. Within 90 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Town, consistent with its police powers and applicable law, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1) 
The construction, repair, maintenance or installation of any Town or other public improvement in the right-of-way;
(2) 
The operations of the Town or other governmental entity in the right-of-way;
(3) 
Vacation of a street or road or the release of a utility easement; or
(4) 
An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Town.
Y. 
Reimbursement for ROW Use. In addition to permit fees as described in this chapter, every small WCF in the ROW is subject to the Town's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such annual fees shall be established by the Town fee schedule, and may be amended by the Town Council.