Removal, relocation or modification of small wireless facility in the ROW.

Winston-Salem Code of Ordinances § 79-7

in effect

Sec. 79-7. - Removal, relocation or modification of small wireless facility in the ROW. (a) Notice. Within 90 calendar days following written notice from the city, the wireless provider 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-of-way, if the city has determined, in its sole and absolute discretion, that such protection, support, disconnection, removal, relocation, change, or alteration, is necessary for the construction, installation, operation, inspection, maintenance, repair, rehabilitation, expansion, relocation, or removal of any city improvement or the provision or continuation of the city's operations or services in, upon, over, or under the city right-of-way. (b) Emergency removal or relocation of facilities. The city retains the right and privilege to disconnect, cut, modify/alter, move, or remove any small wireless facility, wireless support structure, utility pole, or city-owned pole located within the rights-of-way of the city, as the city, in its sole and absolute discretion, determines is necessary, appropriate, or useful in response to any public health or safety need or emergency. If circumstances permit, as the city, in its sole and absolute discretion shall determine, the city shall notify the wireless provider and afford the wireless provider an opportunity to move its own facilities prior to disconnecting, cutting, modifying/altering, moving, or removing a facility. The city shall, in any event, notify the wireless provider after disconnecting, cutting, modifying/altering, moving, or removing a small wireless facility if the city has not already notified the wireless provider. (c) Abandonment of facilities. The city may require a wireless services provider to remove an abandoned wireless facility within 180 days of abandonment. Should the wireless services provider fail to timely remove the abandoned wireless facility, the city may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider. A wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates, in any way, that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider gives the city reasonable evidence that it is diligently working to place such wireless facility back in service. (d) Liability; assumption of the risk. Applicant, by applying for and accepting a permit, assumes all risk of liability for damages that may occur to persons or property on account of the collocation, installation, occupation, presence, existence, operation, maintenance, modification, repair, replacement, relocation, or removal of the facilities covered by the permit, or the proposed work, whether completed by the applicant or the applicant's agent or contractor. Applicant shall procure and maintain in continuous effect, for the duration of the encroachment, liability insurance to protect the city from liability and damages on account of injuries to workers, as provided by law, and to protect the city from liability and damages occasioned by the collocation, installation, presence, existence, occupation, operation, maintenance, modification, repair, replacement, relocation, or removal of the facilities covered by the permit, or the proposed work, whether completed by the applicant or the applicant's agent or contractor, and from any liability or damages pertaining to the city's disconnection, cutting, modification/alteration, removal, or relocation of any wireless facilities, wireless support structures, utility poles, or city-owned poles applicant has installed or modified or on which applicant has collocated. Applicant shall provide the city, together with the application and, thereafter, within ten calendar days of demand, original, signed certificates of insurance to show that the applicant carries insurance in the required levels and coverages, as specified by the city's risk management office. Applicant shall also provide the city certificates of insurance from any subcontractors the applicant engages to perform work pursuant to the permit. Both the applicant's and its subcontractors' insurance certificates shall name the city an additional insured (in the applicant's case, for the duration of the encroachment; in the applicants' subcontractors' cases, for the duration of the work the subcontractors perform and for one year thereafter). (e) Release, indemnification, and covenant not to sue. By applying for and accepting a permit, applicant agrees to release, defend, indemnify, and hold harmless the city and its council, boards, commissions, officials, officers, agents, volunteers, and employees from and against any and all losses, damages, liabilities, claims, demands, suits, costs, and expenses, including, but not limited to, court costs and reasonable attorneys' fees, resulting from the applicant's alleged and actual acts or omissions, or those of its officers, agents, or employees, in connection with the permitted work or the collocation, installation, occupation, presence, existence, operation, maintenance, modification, repair, replacement, relocation, or removal of the facilities covered by the permit. This indemnity provision shall be applicable regardless of the merit or outcome of such claim or suit. By applying for accepting a permit, applicant also covenants not to sue over mater released herein. (Ord. No. 29198, 8-21-17)

Source: City of Winston-Salem, North Carolina, Code of Ordinances, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH79SMWIFA_S79-7REREMOSMWIFAROFetched: 11/1/2026