Requirements for continued operation

A. Certification of continued operation. On or before February 1 of each year, the owner of a telecommunications facility shall file a certification with the Building/Zoning Official as to the continued operation of the facility, including all co-located facilities. Failure to file the certification shall create a rebuttable presumption that the facility has been abandoned. Such certification shall be on a form provided by the Building/Zoning Official and shall contain, to the extent possible:
- (1) An affirmation that each telecommunications tower and antenna in the facility is currently in operation or, if not, the owner's plans with respect to renewed operation of removal of the tower or antenna;
- (2) A statement whether any tower or antenna is expected to cease operation within the next year;
- (3) A current list of all tower user names, and the name and mailing address of an agent of each user authorized to receive communications from the Town;
- (4) A description of the insurance coverage on all facilities, including the name and mailing address of a claims agent for each insurer; and
- (5) Any other information which the Zoning Official believes is relevant to monitor compliance with the provisions of this article.
B. Certification of continued structural integrity. Every five years, or within 60 days after a catastrophic act of nature or other emergency that might affect the structural integrity of the tower, the owner shall file with the Building Official a certification of continued structural integrity prepared and signed by a licensed engineer. The certification shall affirm that a thorough and complete inspection of the tower was conducted and that the tower and all accessory structures are and will continue to perform as originally designed.
C. Abandonment. A wireless telecommunications facility shall be removed by the owner within 365 days after it ceases to be operated. The owner of such antenna or tower shall remove the same within 30 days of receipt of notice from the Town notifying the owner of such abandonment. Upon removal, the site shall be restored to its previous appearance and, where appropriate, revegetated to blend with the surrounding area. A facility not removed in accordance with this subsection shall be considered abandoned and may be removed by the Town at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.