(1) The personal wireless service facility owner and operator (if different from owner) shall at their expense remove all personal wireless service facilities and restore the site to its original condition (including, where applicable, the seeding of exposed soils), and incur all expenses therefor, if the facility becomes obsolete or ceases to be used for its intended purpose for 120 consecutive days. Removal of such obsolete or unused facilities and restoration of the site to its original condition shall take place within 90 days and shall comply with all New York State and Town stormwater laws, rules and regulations. If removal and restoration are not completed within 90 days, the bond or other guaranty secured by the owner and operator shall be used to perform and complete these actions.

(2) As security for the performance of the requirements set forth above, the owner and operator (if different from owner) shall, upon the granting of required approvals and permits under this section and prior to the installation of any personal wireless service facilities, execute and file with the Town Clerk a bond or other form of security or undertaking which shall be approved as to form, manner of execution, and sufficiency for surety by the Attorney for the Town and the Town Engineer. Any bond or guaranty shall be provided by or placed with a solvent surety corporation duly licensed in the State of New York. Such bond or undertaking shall be conditioned upon the faithful performance of the provisions of this section, and in the event of default, the bond or undertaking shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or undertaking shall remain in full force and effect until the removal of all personal wireless service facilities and all site restoration has been completed. The value of the bond shall be equal to 125% of the cost of facility removal and restoration of the site, as determined by the Town Engineer after evaluation of the applicant's detailed estimate of such cost. No such decommissioning or removal bond shall be secured by an indemnity agreement with the owner or operator or any party affiliated with them.

(3) At least once every three years after any approval or permit is issued by the Town, the owner and operator (if different from owner) of the personal wireless service facility shall provide updated certified cost estimates for removal of all personal wireless service facilities and all site restoration. If the resulting 125% cost requirement shows that the existing security or bond is monetarily insufficient, then the owner and operator (if different from the owner) shall update such bond or undertaking or see to its replacement or supplementation in an amount to equal such updated 125% cost number.

See § 270-219: Personal wireless service facilities for complete, detailed information.