Chapter 134 Streets And Sidewalks

Chapter 134 Streets And Sidewalks Ch 134 Art I Sidewalk Construction And Repair Ch 134 Art II Snow And Ice Removal Ch 134 Art III Permits For Placement Of Facilities And Utilities [HISTORY: Adopted by the Town Council of Centreville as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Skateboards — See Ch. 120. Vehicles and traffic — See Ch. 154. Non-self-propelled vehicles — See Ch. 158.

Ch 134 Art I Sidewalk Construction And Repair 134-1 Town And Property Owner Requirement To Build, Repair Or Alter Sidewalks; Removal Of Hazards

134-2 Specifications To Be Set By Town Council

134-3 Request For Hearing By Property Owner

134-4 Permit To Install Sidewalks

134-5 Minimum Standards

134-6 Failure Of Property Owner To Comply; Costs

134-1 Town And Property Owner Requirement To Build, Repair Or Alter Sidewalks; Removal Of Hazards 1. Sidewalks that are determined by the Town to be in need of immediate repair where the damage is due to actions of the property owner (including adjoining property owner) and/or its agents and contractors shall be repaired by the Town at the expense of the property owner or adjoining property owner. Sidewalks that are determined by the Town to be in need of immediate repair where the damage is due to anything other than the property owner (including adjoining property owner) and/or its agents and contractors, shall be repaired by the Town, at its expense, subject to budget allocations. Nothing herein shall prevent the Town from seeking reimbursement from third parties determined to be responsible for damage to sidewalks. 2.

In the event that the Town Manager shall determine that sidewalks in the Town, are needed or are in need of repair, maintenance or alteration, due to actions of the property owner (including adjoining property owner) and/or their agents and contractors, the Town shall notify the property owner in writing, at his or her address as shown on the Town assessment records by ordinary mail, as to the requirement of the property owner to pay for the construction for new sidewalks or repair or altering of sidewalks in that street. [Amended 01-02-2025 by Ord. No. 11-24] 3. All hazards to the pedestrians or vehicles, such as fire hydrants, poles, signs, guide wires, etc., belonging to the Town shall be relocated to the least hazardous location available. All hazards, such as shrubbery, fences, signs, etc., belonging to the property owner shall be relocated by the property owner within 30 days after notification by the Town or will be moved by the Town at the owner's expense unless a reasonable agreement has been concluded between the property owner and the Town in writing. [Amended 01-02-2025 Ord. No. 11-2024] HISTORY Amended by Ord. 11-2024 on 1/2/2025

134-2 Specifications To Be Set By Town Council The Town

Council will set forth such specifications as to the width, type of construction and the cost per foot at the time of notification. These specifications and costs will be determined at the time of planning. Amended

134-3 Request For Hearing By Property Owner

The property owner may request a hearing before the Centreville Board of Zoning Appeals within 10 days after receipt of notification to show good cause why he or she should not be required to pay for the cost of repairing sidewalks on or adjoining his or her property. Such hearing shall be held at the next regular meeting of the Centreville Board of Zoning Appeals under the provisions set forth in Chapter 170 of the Code of the Town of Centreville after request of the property owner. Failure to make a request will indicate the willingness of the property owner to pay for the plans and specifications for the new sidewalks or the repair or altering of existing sidewalks and will be an authorization by him or her for the completion of the plan by the Town. Amended

134-4 Permit To Install Sidewalks

The property owner may also request a permit to install new sidewalks fronting on his or her property, provided that installation is complete within 30 days after such permit is granted. No permit is necessary for repairs to existing sidewalks unless such sidewalks are planned to be altered.

134-5 Minimum Standards

The minimum standards for the construction of sidewalks shall be as follows: Sidewalks shall be not less than four inches thick of approved material, such as concrete, brick set in concrete, or any other suitable material as may be designated for a given area, to be placed on a base of sand or suitable material, not less than two inches thick. Concrete shall be finished with a course finish. Expansion joints shall be placed at uniform intervals from five to eight feet. Sidewalk height shall be the height of the curb with not less than one-fourth-inch slope or more than one-half-inch slope in five feet of width. 1 Curb entrances for both residential and commercial frontages to be as follows: Maximum width for 100 feet of frontage shall be no more than two twenty-five-foot entrances.

Each entrance to be placed five feet from the property line and have a distance of 40 feet between the entrances. Maximum width for a two-hundred-foot frontage shall be no more than two entrances up to 35 feet in width, placed five feet from the property line and have a distance of 120 feet between the entrance. Frontage of more than 200 feet will be permitted two entrances with a minimum of 120 feet between them. Frontages of less than 100 feet but more than 60 feet shall be permitted one entrance not to exceed 25 feet in width, placed five feet from the property line on either side.

Frontage of 60 feet or less will be permitted one entrance not to exceed 16 feet in width. No entrance shall be less than five feet from the curb radius of an intersection. All sidewalks across entrances shall be of approved material not less than six inches thick. 1 Editor's Note: Former Subsection D, regarding grass strips between the curb and sidewalks, was repealed 12-18-2001 by Ord. No. 10-01.

134-6 Failure Of Property Owner To Comply; Costs

Upon failure of any property owner to comply with the provisions of this article, the Town is authorized to cause the construction, repair or altering of the sidewalk to be made and shall charge the cost of same against the property as a lien thereon, collectible in the same manner as Town taxes or by action at law; provided, however, that before said cost shall be determined and become a lien, the property owner shall be notified by ordinary mail of the placing of the lien. The Town, its employees, agents and assigns shall have the right of entry, for the purpose of accomplishing said work at reasonable hours, upon any premises in the Town which abuts a Town street or sidewalk for the benefit of the public. Work done pursuant to this section may include the construction and repair of public streets and sidewalks, drainage systems, public utility systems, the location or relocation of water, sewer, electric, telephone and cable transmission lines, street and sidewalk lights, landscaping, as well as maintaining existing entrances from public and private property to the street and sidewalks, and to do all things necessary to accomplish same. Amended

134-7 Time Limit For Removal

134-8 Liability

134-9 Violations And Penalties

134-7 Time Limit For Removal

The owners of any premises in the Town of Centreville that has a sidewalk or footpath used by the public shall remove all snow and ice from said sidewalk within 24 hours following the cessation of the snowfall. 1 1 Editor's Note: Original Section Three, which immediately followed this section, and dealt with depositing snow in gutters, was repealed 12-18-2001 by Ord. No. 10-01.

134-8 Liability

Whenever any premises situated in the Town of Centreville shall not be kept free of snow and ice as set forth in § 134-7 above, the Town Council of Centreville is not in any way responsible or liable for the removal of the snow and ice or any accidents caused by the nonremoval of the snow and ice or any accidents caused by the nonremoval of the same in that the individual property owner is completely liable and responsible for the same.

134-9 Violations And Penalties

Violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.b of the Town Code. Amended

134-10 Definitions

134-11 Permit Required

134-12 Additional Aboveground Facilities Provisions

134-13 Application And Approval Process

134-14 Safety Requirements

134-15 Liability And Signal Interference

134-16 Requirements For Removal, Replacement, Maintenance And Repair

134-17 Violations And Penalties

134-10 Definitions

The terms, phrases, words, and their derivations used in this article shall have the meanings given in this section. ABANDONED. Any facilities or structures (including by way of example but not limited to poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that are unused or in a nonfunctioning condition for a period of 180 days without the operator otherwise notifying the Town and receiving the Town's approval. ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service. APPLICANT. Any person applying for a permit under this article, including the applicant's officials, employees, agents, and contractors.

CO-LOCATION or CO-LOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure. DECORATIVE POLE. A pole, arch, or structure other than a streetlight pole placed in the right-of-way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following: Electric lighting; Specially designed informational or directional signage; Temporary holiday or special event attachments. DESIGN MANUAL. Those detailed application requirements, design guidelines, specifications and examples for the design and installation of structure, facilities, or utilities in the right-of-way adopted by the Town Manager. OPERATOR. A wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. "Operator" includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the Telecommunications Act of 1996, 110 Stat. 59, 47 U.S.C. § 153(2), and services that are fixed in nature or use unlicensed spectrum.

PERMIT. The nonexclusive grant of authority issued by the Town of Centreville to place facilities or utilities in public roads, public rights-of-way or utility easements in accordance with the Code of the Town of Centreville and corresponding regulations and standards. PERMITTEE. The owner and/or operator issued a permit to work in or install facilities, equipment or structures in the road, right-of-way or utility easement under this article and the person that owns facilities, equipment or structures permitted to be installed under this article, including the permittee's officials, employees, agents, and contractors. RIGHT-OF-WAY. The surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the Town. SMALL CELL FACILITY. A facility designed to provide wireless voice, data and/or image transmission in concentrated areas that meets both of the following qualifications: Each antenna could fit within an enclosure of no more than three cubic feet in volume; and All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume.

The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services. TOWN. The Town Council of Centreville. UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative poles. WIRELESS SUPPORT STRUCTURE. A pole, such as a monopole, either guyed or self-supporting, streetlight pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities.

134-11 Permit Required

It shall be unlawful for any person to obstruct, grade, dig, excavate or construct within, over, or under any right-of-way without first obtaining a permit from the Town. It shall be unlawful for any person to install, repair or maintain, within or under any right-of-way, any privately owned facility, structure, fixture, equipment, conduit, cable, or pipe without first obtaining a permit from the Town. General findings required for issuance of all permits pursuant to this section. A permit shall not be issued pursuant to this section until the following criteria are satisfied as determined by the Town Manager in the Town Manager's reasonable discretion and judgment: The structure, facility or utility shall comply with all requirements set forth in a design manual adopted by the Town Manager, provided such design manual is in accordance with and by the authority granted by the Town Council, the Code of the Town of Centreville, and state and federal law.

A permit shall not be issued for a proposed installation when the location selected in the application is in an area where there is an overconcentration of structures or facilities in, on or over the right-of-way. The structure or facility shall not obstruct pedestrian or vehicular traffic flow or sight lines, and not obstruct parking or the entering or exiting of persons from vehicles parked in the right-of-way. The proposed installation shall comply with the Americans with Disabilities Act. A proposed pole shall have a diameter and height not greater than the maximums established by the Town Manager, but be tall enough to ensure that all attached equipment is at least 15 feet above ground.

A replacement pole shall be located within two feet of the base of the previously existing pole and at the same distance from the edge of the travel lane, unless the Town Manager determines that a different location is preferable to facilitate pedestrian use of the right-of-way, vehicle and pedestrian sight lines, or the Town's use of the right-of-way. An equipment cabinet shall comply with size limits and placement requirements established by the Town Manager, including maximum volume limits for all equipment cabinets associated with a pole. An antenna shall be the least visible antenna possible to accomplish the coverage objectives. Antennas, antenna mounts and cabinets shall be situated, screened, shrouded, concealed or treated to minimize visual and acoustic impact (including having antennas flush mounted to the extent reasonably feasible), as determined by the Town Manager.

All antenna mounts shall be designed so as not to preclude future co-location by the same or other operators or carriers. Antennas, antenna mounts, cabinets and poles shall have a color and finish to minimize the visual impact to the neighborhood, taking into consideration historic area designation and color and design schemes for Town facilities, commercial districts, and other areas with aesthetic guidelines. All equipment shall be designed to be resistant to unauthorized access, climbing, vandalism, and other activities that result in hazardous situations, interception of communications, or attractive nuisances. For all excavations, the permittee shall, within the time specified in the permit or, if no time is specified therein, within 10 days after completion of the work authorized by the permit, adequately refill with the same type of material as had been removed or with other materials approved by the Town Manager, without disturbing or damaging existing Town infrastructure, and restore the surface of the place so excavated to as good condition as existed prior to excavation.

The applicant shall post any required bonds or other financial security to insure the completion, safety, workmanship and restoration of the work and/or work area so permitted. The Town Manager may impose such conditions as are necessary to protect the public health, safety and welfare. All facilities shall be subject to relocation at the expense of the permittee in the event that the privately owned facility is found to conflict with future public facilities or with access to repair, replace or maintain existing or future public facilities. Prior to the issuance of a permit, the permittee shall execute a written agreement which may be a franchise, right-of-way use agreement, or license agreement as required by the Town depending on the particular use being made.

All agreements shall include provisions for insurance and indemnification as is reasonably necessary to protect the interests of the Town. The permittee shall obtain and maintain all required consents, licenses or franchises from the Town with respect to the facilities that are the subject of the permit. The application shall comply with all other applicable sections of this Article III. Nothing in this article precludes or limits the Town from applying its generally applicable power to protect the health, safety, and welfare when granting a permit for activities within the public roads, public rights-of-way, and public utility easements.

134-12 Additional Aboveground Facilities Provisions

All aboveground facilities, including communications facilities, communications support structures, small cell facilities and wireless support structures, shall meet the following requirements: Comply with all of the provisions for a permit as required in this article. Communications facilities may only be installed on existing utility poles, and only entities certified by the Maryland Public Service Commission pursuant to the Annotated Code of Maryland, Public Services and Utilities, Division I, Title 7 or Title 8, as amended, may erect or contract to erect replacement poles in the right-of-way. To allow the installation of an additional or replacement pole, the Town Manager must find that: Additional communications facilities are necessary in the location of the proposed pole to provide adequate telecommunications coverage; and Existing poles do not have the capacity for the necessary communications facilities. If proposed to be attached to a privately owned utility pole, be authorized by an executed attached agreement with the utility pole owner, setting forth, at a minimum, the title, date and term of the agreement.

Be necessary in the location of the proposed facility to provide adequate telecommunications coverage. Allow up to but not more than three antennas per pole. Have no exterior wiring if the pole on which it is mounted can accommodate internal wiring or, if necessary, have exterior wiring enclosed in a shielded conduit. Upon installation of the antenna, the radio frequency or electromagnetic waves emissions for the antenna or, if applicable, the cumulative emissions from the new antenna and any co-located antennas shall be tested for compliance with federal limits.

If an antenna exceeds federal emission limits or causes the antennas co-located on a support structure to exceed federal emission limits, the newly installed antenna must be removed by the applicant within five days at its own expense. Any new light pole erected for purposes of mounting a facility shall be designed consistent with other existing light poles within the surrounding area; other types of new poles shall not be permitted to be installed for purposes of mounting a facility. Facilities shall not interfere with public safety telecommunications. Any application for building and/or use and occupancy permit for a facility shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems.

Prior to the introduction of any new service, the owner/operator shall provide the Town at least 10 calendar days' notice in advance of such service and allow the Town to monitor interference levels during the testing process. Use of backup power sources. The use of diesel generator or other backup power sources shall be limited to actual power-outage events and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited.

In residential areas, no installation may be located within a radius of 300 feet of another similar type installation, including any such installation located on private property, except in the case of a cluster installation that does not result in a substantial increase in size. In no case may more than four antennas be clustered on a single pole in a residential area. An applicant for a permit, including a small cell facility or a wireless support structure, shall, in addition to any other requirements contained herein and in the design manual, include the following: A report from a qualified and licensed professional manager that describes the design, including cross sections and elevations; documents the height above grade for the facility and potential mounting positions for co-located antenna (if any) and the minimum separation distances between antenna; describes the location of the facility, including the number of additional antenna that can be accommodated (if any); documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; includes architectural renderings of the facility illustrating what it will look like at the proposed location and from various vantage points, as may be required by the Town Manager. The applicant shall specify whether the application is subject to any Federal Communications Commission application requirements or federal or state law, and if so, identify the law and the applicable requirements.

The applicant shall provide proof that it is a licensed provider and will comply with all federal, state, and Town laws and regulations, including those relative to wireless service. A master report plan of the applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and co-location sites. The application shall include the number of potential co-location sites on the proposed facility. The applicant shall provide a safety report demonstrating that the structure can safely accept installation of the antennas and additional communication facilities.

134-13 Application And Approval Process The Town

Manager may establish more specific details of the application requirements and process in the design manual. At a minimum, the following provisions shall be applicable for all requests for a permit under this article. Preapplication conference. The Town requires presubmittal conferences to meet with potential applicants and discuss projects on a conceptual level.

The conference is intended to identify the correct application type and content requirements for any given project, and also to create an informal forum in which applicants and the Town can discuss any concerns that should be addressed as soon as possible to avoid any unnecessary delays in the processing of an application and issuance of a permit. The requirement for a presubmittal conference may be waived by the Town Manager based on necessity and prior experience with the applicant. Required application materials. Unless otherwise required by state or federal law, the application shall be submitted to the Town Manager with the applicable fees and all required materials and information in accordance with the requirements of this article and the design manual in order for the application to be considered complete.

As part of the application, the applicant shall specify whether the application is subject to any Federal Communications Commission applications requirements or federal or state law, and if so, identify the law and the applicable requirements. Fees. The fees associated with the permit request shall be those fees as may be adopted by resolution of the Town Council as part of the Schedule of Fees. The permit fee shall be in addition to, and not in lieu of, any fee, rent, license or franchise fee required to occupy or place facilities on or attached to the Town property, facilities or right-of-way.

134-14 Safety Requirements

Prevention of failures and accidents. Any person who places facilities or utilities in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. Compliance with firesafety and FCC regulations. All facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

Changes in state or federal standards and regulations. If state or federal standards and regulations are amended, the owners of the facilities or utilities governed by this article shall bring any facilities and/or utilities into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring the facilities or utilities into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense. Indemnification.

Any operator who owns or operates facilities or utilities in the public road, public right-of-way or public utility easement shall indemnify, protect, defend, and hold the Town and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates facilities or utilities in the public road, public right-of-way or public utility easement, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities or utilities in the public road, public right-of-way or public utility easement. Surety bond or equivalent financial tool for cost of removal. All owners must procure and provide to the Town a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this article in an amount as set by the Town Manager. The bond must be maintained for as long as the owner has facilities or utilities in the public road, public right-of-way or public utility easement.

The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned facilities or utilities or damage to Town property caused by an operator or its agent of each facility or utility in case the Town has to remove or pay for its removal. Two acceptable alternatives to a bond include a cash deposit and a letter of credit. Generally applicable health and safety regulations. All facilities or utilities in the public road, public right-of-way or public utility easement shall be designed, constructed, operated and maintained in compliance with all generally applicable federal, state, and local health and safety regulations, including, without limitation, all applicable regulations for human exposure to RF emissions and engineering.

134-15 Liability And Signal Interference

No liability. The Town shall not be liable to the operator by reason of inconvenience, annoyance or injury to the facilities or utilities, whether ground- or pole-mounted equipment, or activities conducted by the operator therefrom, arising from the necessity of repairing any portion of the right-of-way, or from the making of any necessary alteration or improvements in or to any portion of the right-of-way, or in, or to, the Town's fixtures, appurtenances or equipment. Signal interference prohibited. In the event that an operator's facility or utility interferes with the public safety radio system, or the Town or State of Maryland's traffic signal system, then the operator shall, at its cost, immediately cooperate with the Town to either rule out the operator as the interference source or eliminate the interference.

Cooperation with the Town may include, but shall not be limited to, temporarily switching the transmission equipment on and off for testing.

134-16 Requirements For Removal, Replacement, Maintenance And Repair

Replacement of municipal-owned wireless support structure. When necessary to accommodate a facility or utility, the Town may require, in response to an application, to co-locate a facility or utility on a Town-owned wireless support structure, the replacement or modification of the wireless support structure at the operator's cost if the Town determines that replacement or modification is necessary for compliance with construction and safety standards. Such replacement or modification shall conform to the design manual. The Town may retain ownership of the replacement or modified wireless support structure.

Accommodation of reservation of space for future public safety or transportation uses. If the Town has reserved space for future public safety or transportation uses on the Town-owned wireless support structure, the replacement or modification must accommodate the future use. Removal or relocation required for Town project. Operator shall remove and relocate the permitted facility, utility and/or wireless support structure at the operator's sole expense to accommodate construction of a public improvement project by the Town.

If the operator fails to remove or relocate the facility, utility, and/or wireless support structure or portion thereof as requested by the Town within 120 days of the Town's notice, then the Town shall be entitled to remove the facility, utility and/or wireless support structure, or portion thereof, at the operator's sole cost and expense, without further notice to the Operator. The operator shall, within 30 days following issuance of invoice for the same, reimburse the Town for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the facility, utility and/or wireless support structure, or portion thereof. Removal required by Town for safety and imminent danger reasons. The operator shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable facility, utility and/or wireless support structure within the time frame and in the manner required by the Town if the Town reasonably determines that the disconnection, removal, or relocation of any part of a facility, utility and/or wireless support structure is necessary to protect the public health, safety, welfare, or Town property, or the operator fails to obtain all applicable licenses, permits, and certifications required by law for its facility, utility and/or wireless support structure.

If the Town Manager reasonably determines that there is imminent danger to the public, then the Town may immediately disconnect, remove, or relocate the applicable facility, utility and/or wireless support structure at the operator's sole cost and expense. Removal/abandonment of facilities. The operator shall remove facilities, utilities and/or wireless support structures when such facilities are abandoned, regardless of whether or not it receives notice from the Town. Unless the Town sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 60 days of the facility, utility and/or wireless support structure being abandoned, or within 60 days of receipt of written notice from the Town.

When the operator abandons permanent structures in the right-of-way, the operator shall notify the Town, in writing, of such abandonment and shall file with the Town the location and description of each facility, utility and/or wireless support structure abandoned. Prior to removal, the operator must make application to the Town and receive approval for such removal. The operator must obtain a right-of-way work permit for the removal. The Town may require the operator to complete additional remedial measures necessary for public safety and the integrity of the public road, public right-of-way or public utility easement.

The Town may, at its option, allow a wireless support structure to remain in the right-of-way and coordinate with the owner to transfer ownership of such wireless support structure to the Town, instead of requiring the owner and/or operator to remove such wireless support structure. Restoration. The operator shall repair any damage to the right-of-way, any facilities located within the right-of-way, and/or the property of any third party resulting from the operator's removal or relocation activities (or any other of the operator's activities hereunder) within 10 calendar days following the date of such removal or relocation, at the operator's sole cost and expense. Restoration of the right-of-way and such property must be to substantially the same condition as it was immediately before the date the operator was granted a permit for the applicable location, or did the work at such location (even if the operator did not first obtain a permit).

This includes restoration or replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the Town.

134-17 Violations And Penalties

For failure to comply with any provision of this article or the design manual, the penalty shall be a municipal infraction punishable by fine specified in Section 304 of the Charter of the Town of Centreville. Each day such violation continues shall be considered a separate offense. In addition to the municipal infraction provided in Subsection A, the Town may also pursue the remedies of revocation of the permit or specific performance of the violated provision. The Town Manager may excuse violations of this article for reasons of force majeure.

For purposes of this section, "force majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State of Maryland or any of their departments, agencies, or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the permittee, but only to the extent the disabled party notifies the other party as soon as practicable regarding such force majeure and then for only so long as, and to the extent that, the force majeure prevents compliance or causes noncompliance with the provisions hereof.