establish the rates, terms and conditions for the use of or attachment to the utility poles. Notwithstanding anything else in this Section, the rate for collocation of small wireless facilities utility poles shall not exceed fifty dollars ($50.00) per utility pole per year. iv. Make-Ready Work . The Town will provide a good faith estimate for any make- ready work necessary to enable the Town utility pole to support the requested collocation, including pole replacement where necessary, within 60 days of receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days of written acceptance of the good-faith estimate by the applicant, and further payment to the Town by the applicant. For purposes of this Section, the term “make -r eady work” means any modification or replacement of a Town utility pole necessary for the Town utility pole to support a small wireless facility in compliance with applicable safety requirements, including the National Electrical Code, that is performed in preparation for a collocation installation. M. Construction & Installation Standards. Construction and installation related to a small wireless facility, including installation of new and/or replacement utility poles necessary to locate said facility, shall comply with the following standards:
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
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