i. Any tree disturbing activity necessary for the installation or collocation of small wireless facilities shall comply with the Town’s Land Development Ordinance.
ii. The Town shall require repair of all damage to a right-of-way directly caused by the activities of the small wireless facility owner, while occupying, installing, repairing or maintaining wireless facilities, wireless support structures or utility poles and to return the right-of-way to its functional equivalence before the damage. If the small wireless facility owner fails to make the repairs required by the Town within a reasonable time after written notice, the Town may undertake those repairs and charge the applicable party the reasonable and documented cost of the repairs. The Town may maintain an action to recover the costs of the repairs. N. Indemnification . Each small wireless facility owner shall defend, indemnify and hold harmless the Town, Town Board, other appointed Town boards, commissions, officials, officers, agents, volunteers and/or employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, including court costs and reasonable attorney’s fees resulting from the alleged ac ts or omissions of permittee, applicant’s officers, agents or employees in connection with the permitted work. This indemnity provision shall be applicable regardless of the merit or outcome of such claim or suit. The indemnification set forth in this Section shall commence upon the issuance of a permit to the applicant.
O. Discontinuance or Abandonment
i. Notice . Within 90 days following written notice from the Town, small wireless facility owner shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the right(s)-of-way whenever the Town has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any Town improvement in or upon or the operations of the Town in or upon the right(s)- of-way. ii. Emergency Removal or Relocation . The Town retains the right and privilege to cut or move any small wireless facility located within the right(s)-of-way, as the Town may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Town shall notify the small wireless facility owner and provide the facility owner an
Made with FlippingBook interactive PDF creator