All applications. All applications shall be required to comply with all applicable provisions of this article, including, but not limited to, § 171-125, and prove the following:

New tower or increasing the height of a structure. An application for a new tower or for a co-location that increases or extends above the height of the existing structure attached to shall be deemed a new tower and require the following:

Co-location not increasing the height or extending above the top of the existing structure. An application to co-locate on an existing structure that does not extend above the existing top of the structure or increase its height shall be required to:

If any word, phrase, sentence, part, section, subsection, or other portion of this article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

Any special exception permit issued under this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the Town.

Implementing an application process for person(s):

Establishing a policy for examining an application for and issuing a special exception permit for wireless telecommunications facilities that is both fair and consistent.

Requiring, wherever feasible, the sharing and/or co-location of wireless telecommunications facilities among service providers.

Promoting and requiring the placement, height and quantity of wireless telecommunications facilities in such a manner, including, but not limited to, the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

All applicants for a special exception permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The Planning Commission and Town Council are the officially designated agencies or bodies of the Town to whom applications for a special exception permit for wireless telecommunications facilities must be made, and that are authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special exception permits for wireless telecommunications facilities. The Town may, at its discretion, delegate or designate other official agencies of the Town or others to accept, review, analyze, evaluate and make recommendations to the Town Council with respect to the granting or not granting, recertifying or not recertifying or revoking special exception permits for wireless telecommunications facilities.

An application for a special exception permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application and shall agree to remove any existing violations and make all existing telecommunications facilities compliant with this article and all applicable local, state and telecommunications codes prior to the issuance of any certificate of occupancy or compliance or the functional equivalent for a new or modified wireless facility. At the discretion of the Town, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction. Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the Town.

The applicant shall include a statement, in writing, that:

In the case of a new tower, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the Town. Copies of written requests and responses for shared use shall be provided to the Town in the application, along with any letters of rejection stating the reason for rejection.

The applicant shall certify that the telecommunications facility, foundation and attachments are designed and will be constructed to meet all local, Town, state and federal structural requirements for loads, including wind and ice loads.

The applicant shall certify that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.

An applicant may be required to submit an environmental assessment analysis and a visual addendum. Based on the results of the analysis, including the visual addendum, the Town may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the pre-application meeting.

The applicant shall furnish a visual impact assessment, which shall include:

The applicant shall demonstrate and provide, in writing and/or by drawing, how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities.

Any and all representations made by the applicant to the Town on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Town.

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the Town, including, specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

All wireless telecommunications facilities shall contain a demonstration that the facility is sited so as to be the least visually intrusive reasonably possible and thereby has the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunications facility.

Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or concealment technology as may be required by the Town.

At a telecommunications site, an access road, turnaround space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

A person who holds a special exception permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

A holder of a special exception permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the applicant.

An applicant shall submit to the Town the number of completed applications determined to be needed at the pre-application meeting. Written notification of the application shall be provided to the legislative body of all adjacent municipalities and to the Town Planning Department.

The applicant shall examine the feasibility of designing a proposed tower to accommodate future demand for at least five additional commercial applications, for example, future co-locations. The tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:

The owner of the proposed new tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall:

There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre-application meeting shall also include a site visit if there has not been a prior site visit for the requested site. Costs of the Town's consultants to prepare for and attend the pre-application meeting will be borne by the applicant out of the required escrow deposit.

The holder of a special exception permit shall notify the Town of any intended modification of a wireless telecommunications facility and shall apply to the Town to modify, relocate or rebuild a wireless telecommunications facility.

In order to better inform the public, in the case of a new telecommunications tower, the applicant shall, prior to the public hearing on the application, hold a "balloon test." The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon, a minimum of a three feet in diameter, at the maximum height of the proposed new tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town. The applicant shall inform the Town, in writing, of the dates and times of the test at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday.

The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner.

Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, Subsection A(1) being the highest priority and Subsection A(6) being the lowest priority.

If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the technological reason or reasons why such a permit should be granted for the proposed site, and the technological problems in the context of providing functionally reliable service and the harm or hardship that would be incurred by the applicant if the permit were not granted for the proposed site at the proposed location.

An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Town why co-location at any alternative location(s) is commercially, technologically, or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.

Notwithstanding the above, the Town may approve any site located within an area in the above list of priorities, provided that the Town finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.

The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application, including all supporting technological documentation and studies needed to make such a determination.

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Town may disapprove an application for any of the following reasons.

Locating on existing towers or other structures without increasing the height, as opposed to the construction of a new tower, shall be preferred by the Town. The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within four miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and demonstrates conclusively why an existing tower or other suitable structure cannot be used.

An applicant intending to locate on an existing tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.

Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the Town, to the extent practicable, unless good cause is shown.

The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide functionally reliable service primarily and essentially within the Town, to the extent practicable, unless good cause is shown.

The maximum permitted height of a new tower shall be that needed for functionally reliable service based on up to six co-located antenna arrays requiring six feet of vertical space each, and the ambient tree height in the immediate area around the proposed tower. The installation must be proven to have minimal visual and environmental impact on the community.

Building-mounted antennas should be located and designed to be an integral part of the building and shall be secured or camouflaged, as necessary or as reasonably required by the Town Council, to minimize the visual impact and minimize any change in or impact on the nature and character of the community and shall not increase the height of the building.

No tower constructed after the effective date of this article, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, Town, state, and/or any federal statute, law, local law, Town ordinance, code, rule or regulation.

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law and in such an instance shall shield or otherwise construct the facility to prevent any ground scatter effect of lighting.

Towers shall be galvanized or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this article.

If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations and in such an instance shall, to the extent not prohibited by applicable law or regulation, shield or otherwise construct the facility to prevent any ground scatter effect of lighting.

All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and

Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

The Town may hire any consultant and/or expert necessary to assist the Town in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification.

An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of any application, including the construction and modification of the site, once permitted. The initial deposit shall be $8,500. The placement of the $8,500 with the Town shall precede the pre-application meeting. The Town will maintain a separate escrow account for all such funds. The Town's consultants/experts shall invoice the Town for its services in reviewing the application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.

The total amount of the funds needed as set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this article without having first obtained a special exception permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special exception permit shall be required for those noncommercial exceptions noted in the definition of "wireless telecommunications facilities."

All wireless telecommunications facilities existing on or before the effective date of this article shall be allowed to continue as they presently exist; provided however, that any visible modification or addition of providers on an existing wireless telecommunications facility must comply with this article. Any modification of the facilities on an existing tower shall require the tower to come into compliance with this article.

Prior to the approval of any application for a special exception permit for a new tower or a co-located wireless facility that extends above the top of the structure attached to, thereby increasing the height of the structure, a public hearing shall be held by the Town, notice of which shall be published in the official newspaper of the Town no less than 10 calendar days prior to the scheduled date of the public hearing. In order that the Town may notify nearby landowners, the application shall contain the names and addresses of all landowners whose property is located within 1,500 feet of any property line of the lot or parcel on which the new wireless telecommunications facilities are proposed to be located.

There shall be no public hearing required for an application to co-locate on an existing tower or other similar structure that does not increase the height by extending above the top of the structure. Subject to the requirements contained in § 171-25, an application to co-locate on an existing tower or similar structure that does not increase the height by extending above the top of the structure shall be handled administratively.

The Town shall schedule the public hearing referred to in Subsection A of this section once it finds the application is complete. The Town, at any stage prior to issuing a special exception permit, may require such additional information as it deems necessary.

The Town will undertake a review of an application pursuant to this article in a timely fashion and shall act within a reasonable period of time, given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved and the applicant's desire for a timely resolution.

The Town may refer any application or part thereof to any advisory or other committee for a nonbinding recommendation.

After the public hearing and after formally considering the application, the Town may approve, approve with conditions, or deny a special exception permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.

If the Town approves the special exception permit for wireless telecommunications facilities, then the applicant shall be notified of such approval, in writing, within 10 calendar days of the Town's action, and the special exception permit shall be issued within 30 days after such approval. Except for necessary building permits, and subsequent certificates of compliance, once a special exception permit has been granted hereunder, no additional permits or approvals from the Town, such as site plan or zoning approvals, shall be required by the Town for the wireless telecommunications facilities covered by the special exception permit.

If the Town denies the special exception permit for wireless telecommunications facilities, then the applicant shall be notified of such denial, in writing, within 10 calendar days of the Town's action.

Between 12 months and six months prior to the five-year anniversary date after the effective date of the special exception permit and all subsequent five-year anniversaries of the effective date of the original special exception permit for wireless telecommunications facilities, the holder of a special exception permit for such wireless telecommunications facilities shall submit a signed written request to the Town for recertification. In the written request for recertification, the holder of such special exception permit shall note the following:

If, after such review, the Town determines that the permitted wireless telecommunications facilities are in compliance with the special exception permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Town may issue a recertification of the special exception permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon, or that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facilities are not in compliance with the special exception permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Town may refuse to issue a recertification special exception permit for the wireless telecommunications facilities, and in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of the decision by the Town until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in a written record and shall be promptly provided to the owner of the facility.

If the applicant has submitted all of the information requested and required by this article, and if the review is not completed, as noted in Subsection B of this section, prior to the five-year anniversary date of the special exception permit, or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special exception permit for up to six months, in order for the completion of the review.

If the holder of a special exception permit for wireless telecommunications facilities does not submit a request for recertification of such special exception permit within the timeframe noted in Subsection A of this section, then such special exception permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special exception permit, or subsequent five-year anniversaries, unless the holder of the special exception permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the Town agrees that there were legitimately extenuating circumstances, then the holder of the special exception permit may submit a late recertification request or application for a new special exception permit.

Such special exception permit shall be nonexclusive.

Such special exception permit shall not be assigned, transferred or conveyed without the express prior written notification to the Town.

Such special exception permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special exception permit, or for a material violation of this article after prior written notice to the holder of the special exception permit.

Any wireless telecommunications facility that is permitted shall be constructed, completed and provide service no later than six months from the date of the grant of the initial permit. If not constructed, completed, and providing service within the required six months, the permit may be revoked and a new application will be required.

At the time that a person submits an application for a special exception permit for a new tower, such person shall pay a nonrefundable application fee of $5,000 to the Town. If the application is for a special exception permit for co-locating on an existing tower or other suitable structure, where no increase in height of the tower or structure is required, the nonrefundable fee shall be $2,000.

No application fee is required in order to recertify a special exception permit for wireless telecommunications facilities, unless there has been a visible modification of the wireless telecommunications facility since the date of the issuance of the existing special exception permit for which the conditions of the special exception permit have not previously been modified. In the case of any modification, the fees provided in Subsection A shall apply.

A holder of a special exception permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special exception permit in amounts as set forth below:

The commercial general liability insurance policy shall specifically include the Town and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance that such policies are to renew or replace.

Before construction of a permitted wireless telecommunications facilities is initiated, but in no case later than 15 days after the grant of the special exception permit, the holder of the special exception permit shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

Any application for wireless telecommunications facilities that is proposed for Town property, pursuant to this article, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town, and its officers, boards, employees, committee members, attorneys, agents, and consultants, from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town.

Notwithstanding the requirements noted in Subsection A of this section, an indemnification provision will not be required in those instances where the Town itself applies for and secures a special exception permit for wireless telecommunications facilities.

In the event of a violation of this article or any special exception permit issued pursuant to this article, the Town may impose and collect, and the holder of the special exception permit for wireless telecommunications facilities shall pay to the Town, fines or penalties as set forth below.

A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $350 per day per occurrence or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate, additional violation.

Notwithstanding anything in this article, the holder of the special exception permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this article or any section of this article. An attempt to do so shall subject the holder of the special exception permit to termination and revocation of the special exception permit. The Town may also seek injunctive relief to prevent the continued violation of this article, without limiting other remedies available to the Town.

If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this article or with the special exception permit, then the Town shall notify the holder of the special exception permit, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this article, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Town may, at its sole discretion, order the violation remedied within 24 hours.

If within the period set forth in Subsection A above the wireless telecommunications facilities are not brought into compliance with the provisions of this article, or of the special exception permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Town may revoke such special exception permit for wireless telecommunications facilities, and shall notify the holder of the special exception permit within 48 hours of such action.

Under the following circumstances, the Town may determine that the health, safety, and welfare interests of the Town warrant and require the removal of wireless telecommunications facilities.

If the Town makes such a determination as noted in Subsection A of this section, then the Town shall notify the holder of the special exception permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed; the Town may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

The holder of the special exception permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the Town.

If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the Town may order officials or representatives of the Town to remove the wireless telecommunications facilities at the sole expense of the owner or special exception permit holder.

If, the Town removes, or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within 10 days, then the Town may take steps to declare the wireless telecommunications facilities abandoned, and sell them and their components.

Notwithstanding anything in this section to the contrary, the Town may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special exception permit, subject to the approval of the Town, and an agreement to such plan shall be executed by the holder of the special exception permit and the Town. If such a plan is not developed, approved and executed within the ninety-day time period, then the Town may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

The Town may at any time conduct a review and examination of this entire ordinance.

If after such a periodic review and examination of this article, the Town determines that one or more provisions of this article should be amended, repealed, revised, clarified, or deleted, then the Town may take whatever measures are necessary in accordance with applicable law in order to accomplish the same. It is noted that where warranted, and in the best interests of the Town, the Town may repeal this entire ordinance at any time.

Notwithstanding the provisions of Subsections A and B of this section, the Town may at any time, and in any manner (to the extent permitted by federal, state, or local law), amend, add, repeal, and/or delete one or more provisions of this article.

To the extent that the holder of a special exception permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special exception permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special exception permit for wireless telecommunications facilities, then the holder of such a special exception permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.