Land Development Ordinance - Amended 11-19-2024

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 opportunity to move its own facilities prior to cutting or removing a facility and shall notify the facility owner after cutting or removing a small wireless facility. iii. Abandonment. The Town shall require removal of an abandoned small wireless facility within 180 days of abandonment. Should the facility owner fail to timely remove the abandoned small wireless facility, the Town may cause such small wireless facility to be removed and may recover the actual cost of such removal from the facility owner. A small wireless facility shall be deemed abandoned at

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