Real Property Taxes. The owner of any cellular communications facility installed and/or operated on municipal property shall pay any real estate or payments in lieu of taxes required or contributed to as a result of a lease between said owner and the Borough. The owner must, additionally, reimburse the Borough for its reasonable costs and expenses, including legal fees incurred by the Borough in the negotiation of any lease agreement.

Maintenance. The owner of a cellular communications facility shall maintain the tower and antenna in order to assure its continued structural integrity. The owner of the cellular communications facility shall also perform such other maintenance of the structure and of the site of the antenna and tower as to assure that it does not create a visual nuisance.

State and Federal Requirements. All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and/or constitutes a danger to persons or property, then the owner of the tower shall, at his, her or its expense, bring such tower into compliance with such standards within thirty (30) days of his, her or its receipt of the Borough's notice of non-compliance or risk of danger. Failure to bring such tower into compliance within the thirty (30) day period referenced herein (or any other period which the Borough may, in its sole discretion, reasonably determine necessary for safety related reasons and accordingly notify the owner of), shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.

Annual Certifications. The owner of any cellular communications facility shall be required to submit to the Zoning Officer annual certifications that the installed equipment has been inspected, and that the same continues to meet all applicable safety standards and continues to comply with all the requirements of approval. In the event that safety standard and requirements are no longer complied with, the owner shall be required to correct such deficiencies or to remove the antennas and related structures, as applicable.

Abandonment. Any tower not operated for a continuous period of six (6) months shall be considered abandoned in which case the owner shall remove the same, at its sole cost, within ninety (90) days of receipt of an abandonment notice from the Borough. Towers that are rendered obsolete or outdated shall likewise be removed or modified in accordance with this section. Any obsolete, outdated or abandoned antenna or tower may be removed, at the sole discretion of the Borough and at the owner's expense, if such antenna or tower has not been removed within ninety (90) days of the owner's receipt of an abandonment or similar notice.

If there are two (2) or more users on a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Borough in its sole discretion.

The Borough may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than one hundred twenty (120%) percent of the cost to remove the tower and restore the property as determined by the Borough Engineer for such construction as required under all applicable Borough ordinances.