The Telecommunications Act of 1996 (herein after referred to as the "Act"), in effect, affirmed the authority of a local government, such as the Town of Maine (hereinafter referred to as "Town"), over decisions regarding the placement, construction and modification of wireless telecommunications facilities.

The Town Board of the Town finds and determines that wireless telecommunications facilities and related facilities may pose a unique hazard to the safety, public welfare and environment of the Town and its inhabitants. The Town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its residents. In order to insure that the placement, construction and modification of wireless telecommunications facilities is consistent with the Town's land use policies, the Town is adopting a single, comprehensive, wireless telecommunications facilities application and permit process. The intent of this article is to minimize the negative impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of the environmental impacts of such facilities, and protect the health (consistent with the Act), safety and welfare of Town and its residents.

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. The invalidity of any provision of this article shall not affect the validity of any other provision of this article which can be given effect without such invalid provision.

Any tower special use permit issued under this article shall be comprehensive and not severable. If any part of a tower special use permit issued hereunder 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 election by the Town Board.

Implementing an application process for person(s) seeking a tower special use permit for wireless telecommunications facilities;

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

Establishing reasonable time frames for granting or not granting a tower special use permit for wireless telecommunications facilities, or recertifying or not recertifying, or revoking the tower special use permit granted under this article.

Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers;

Promoting and encouraging, wherever possible, the placement of wireless telecommunications facilities in such a manner as to cause minimal disruption to aesthetic considerations of the land, lot, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities.

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

An application for a tower special use permit for wireless telecommunications facilities shall be signed by the applicant (or by a person acting on behalf of the applicant who has prepared the same and who has knowledge of the contents and representations made therein), attesting to the truth and completeness of the information. The owner of the land on which the wireless telecommunications facilities is proposed to be located, if different from the applicant, shall also sign the application. At the discretion of the Town Board, any material 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 Board.

The applicant shall include a statement in writing:

No wireless telecommunications facilities shall be placed, constructed, used or modified in the Town unless and until a tower special use permit therefor has been granted by the Town Board pursuant to this article. No construction or modification of wireless telecommunications facilities, for which a tower special use permit has been issued, shall take place unless and until a building permit therefor has been issued by the Town Building and Code Inspector.

Report.

In the case of new wireless telecommunications facilities, the applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing telecommunications tower(s) or use of existing building or other structures within the Town. Copies of written requests and responses for shared use shall be provided to the Town Board.

The applicant shall furnish written certification that the wireless telecommunications facilities, foundation and attachments both are designed and constructed ("as-built") to meet all applicable county, state and federal structural requirements for loads, including wind and ice loads.

After construction and prior to receiving a certificate of occupancy, applicant shall furnish written certification that the wireless telecommunications facilities and related facilities are grounded, bonded so as to protect persons and property, and installed with appropriate surge protectors.

The applicant shall submit a completed full EAF and a completed visual EAF addendum. The Town Board may require submission of a more detailed visual analysis based on the results of the visual EAF addendum. applicants are encouraged to seek pre-application meetings with the Town Board to address the scope of the required visual assessment. The applicant shall submit a completed environmental impact statement (EIS) if the same is required by applicable provisions of law.

If requested by the Town Board, the applicant shall furnish a visual impact assessment which shall include:

Any and all representations made by applicant to the Town Board, 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 Board.

The applicant shall, in a manner approved by the Town Board, demonstrate in writing how it will effectively screen from view its proposed wireless telecommunications facilities base and all related facilities and structures.

All utilities leading to and away from any wireless telecommunications facilities site shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be installed underground and in compliance with all applicable ordinances, local laws, codes, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate. The Town Board may waive or vary the requirements of undergrounding installation of utilities whenever, in the opinion of the Town Board, such variance or waiver shall not be detrimental to the health, safety, general welfare or environment, including the visual and scenic characteristics of the area.

All wireless telecommunications facilities and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character, and the residences in the area of the wireless telecommunications facilities site.

Both the wireless telecommunications facilities and accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

At a telecommunications site, an access road 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 vegetation-cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

A person who holds a tower special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current technical, safety and safety-related codes adopted by the Town, county, state, or United States, including but not limited to the most recent editions of the New York State Uniform Fire Prevention and Building Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsibly 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 person holding a tower special use permit granted under this article shall obtain, at his own expense, all permits and licenses required by applicable law, rule, regulation or law, 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.

Subject to, and in accordance with, the State Environmental Quality Review Act (SEQRA),[1] the Town Board shall be the lead agency for the purpose of conducting the environmental review of the application for tower special use permits. The Town Board shall conduct an integrated, comprehensive environmental review of the proposed project in combination with its review of the application under this article.

An applicant shall submit no fewer than eight copies of the entire completed application to the Town Board and a copy of the application to the Town Boards of all towns which adjoin the Town, any adjacent municipality, the Broome County Department of Planning and Economic Development, the Clerk of the Broome County Legislature and the Clerk of the Tioga County Legislature.

The applicant shall examine the feasibility of designing a proposed wireless telecommunications facilities to accommodate future demand for at least two additional commercial applications, for example, future collocations. The scope of this examination shall be determined by the Town Board. The wireless telecommunications facilities shall be structurally designed to accommodate at least two 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 by the Town Board, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the wireless telecommunications facilities is not technologically feasible, or is commercially impracticable and creates an unnecessary and unreasonable burden, based upon:

The applicant shall submit to the Town Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Town Board. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new tower owner and their successors in interest to:

Unless waived by the Town Board, there shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting may also include a site visit if required. Where the application is for the shared use of an existing telecommunications tower(s) or other high structure, the applicant should seek to waive any section or subsection of this article that may not be required. At the preapplication meeting, the waiver requests, if appropriate, will be decided by the Town Board. Costs of the Town's consultants to prepare for and attend the preapplication meeting will be borne by the applicant.

The holder of a special use 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.

Location of wireless telecommunications facilities.

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 the site selected is not the highest priority, then a detailed written explanation, as to why sites of a higher priority were not selected, shall be included with the application.

The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has, is, or will be considering, reviewing or planning for wireless telecommunications facilities in the Town, and all municipalities adjoining the Town, for a two-year period following the date of the application.

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

Shared use of existing wireless telecommunications facilities shall be preferred by the Town Board, as opposed to the proposed construction of new wireless telecommunications facilities. Where such shared use is unavailable, location of antennas on other preexisting structures shall be considered and preferred. The applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four miles of any proposed new tower site, unless the applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as a preferred alternative to new construction. An applicant intending to share use of an existing wireless telecommunications facilities or other tall structure shall be required to document the intent of the existing owner to share use. In the event of an application to share the use of existing wireless telecommunications facilities that does not increase the height of the wireless telecommunications facilities, the Town Board may waive such requirements of the application required by this article as may, for good cause, be shown.

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

The applicant must submit documentation justifying to the Town Board the total height of any wireless telecommunications facilities and/or antenna and the basis therefor. Such justification shall be to provide appropriate service within the Town, to the extent practicable, unless good cause is shown.

Wireless telecommunications facilities shall be no higher than the minimum height necessary. Unless waived by the Town Board upon good cause shown, the maximum height shall be 110 feet, based on three collocated antenna arrays and ambient tree height of 80 feet.

The maximum height of any wireless telecommunications facilities and attached antennas constructed after the effective date of this article shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, county, 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 applicable provisions of law.

Wireless telecommunications facilities shall be of a galvanized finish, or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings as approved by the Town Board, and shall be maintained in accordance with the requirements of this article.

If lighting is required, 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 an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the lot on which the wireless telecommunications facilities are located.

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 run into; and

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

All proposed wireless telecommunications facilities shall be set back from abutting parcels, recorded rights-of-way and road and street lines a distance sufficient to substantially contain on site all ice-fall or debris from a tower or tower failure, and to preserve the privacy of any adjoining properties.

Wireless telecommunications facilities shall be located with a minimum setback from any property line a distance equal to the height of the wireless telecommunications facilities or the existing setback requirement of the underlying zoning district, whichever is greater. Further, any accessory structure shall be located so as to comply with the applicable minimum zoning district setback requirements for the property on which it is situated.

The Board may hire any consultant and/or expert necessary to assist the Town Board in reviewing and evaluating the application 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 Board in connection with the review of any application. The initial deposit shall be $7,500. These funds shall accompany the filing of an application and the Town shall maintain a separate escrow account for all such funds. The Town's consultants/experts shall, in accordance with an agreement between the Town and its consultants or experts, bill or invoice the Town no less frequently than monthly for its services in reviewing the application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500, applicant shall immediately upon notification by the Town, replenish said escrow account so that it has a balance of at least $2,500. Such additional escrow funds must be deposited with the Town before any further action or consideration is taken on the application. If, at the conclusion of the review process, the cost of such consultant/expert services is more than the amount escrowed pursuant hereto, the applicant shall pay the difference to the Town prior to the issuance of any tower special use permit. In the event that the amount held in escrow by the Town is more than the amount of the actual billing or invoicing by the Town's consultants or experts, the difference shall be promptly refunded to the applicant.

The total amount of the funds 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 by the Town Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as required and requested by the Town, shall be paid by the applicant. The initial amount of the escrow deposit shall be established at a preapplication meeting with the Town Board. Notice of the hiring of a consultant/expert shall be given to the applicant at or before this meeting.

No person shall, without having first applied for and obtained hereunder a tower special use permit for wireless telecommunications facilities: (i) site, place, build, construct, modify, prepare, use or repair any site for the placement or use of wireless telecommunications facilities in the Town of Maine, (ii) place, build, construct, use or modify a wireless telecommunications facilities in the Town of Maine, or (iii) add any antenna or antennas to any existing wireless telecommunications facilities in the Town of Maine. Notwithstanding anything to the contrary in this section, no tower special use permit shall be required for those towers used exclusively for fire, police or other dispatch telecommunications, or exclusively for private radio or television reception or exclusively for private citizens band, amateur radio or other similar telecommunications.[1]

New construction, including routine maintenance on an existing wireless telecommunications facilities, shall comply with the requirements of this article.

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 modification, enlargement or extension of existing wireless telecommunications facilities must comply with this article.

Prior to the approval of any application for a tower special use permit for wireless telecommunications facilities, a public hearing shall be held by the Town Board, notice of which shall be published in the official newspaper of the Town no less than 10 days prior to the scheduled date of the public hearing. In order that the Town may notify nearby landowners, the applicant, at least three weeks prior to the date of said public hearing, shall provide to the Town Board the names and address of all landowners whose property is located within 1,500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located.

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

The Town Board shall, in accordance with the Act, undertake a review of an application pursuant to this article in a timely fashion, consistent with its responsibilities, 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 Board may refer any application or part thereof to any Town advisory committee or other Town committee for a nonbinding recommendation.

Except for necessary building permits, and subsequent certificates of occupancy, once a tower special use 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 tower special use permit.

After the public hearing and after formally considering the application, the Town Board may approve and issue, or deny a tower special use 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 Board approves the tower special use permit for wireless telecommunications facilities, then the applicant shall be notified of such approval in writing within 10 calendar days of the Town Board's action, and the tower special use permit shall be issued within 30 days after such approval.

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

The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed tower special use permit. Upon its granting of such tower special use permit for wireless telecommunications facilities, any such conditions and restrictions must be met in connection with the issuance of a building permit and any other required permits by applicable enforcement officials of the Town.

Request for recertification; costs.

If, after such review, the Town Board determines that the permitted wireless telecommunications facilities are in compliance with the tower special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Town Board shall issue a recertification tower special use permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon, or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the Town Board determines that the permitted wireless telecommunications facilities are not in compliance with the tower special use permit and all applicable statutes, local laws, ordinances, codes, rules and regulations, then the Town Board may refuse to issue a recertification tower special use 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 such decision by the Town Board. Any such decision shall be in writing and supported by substantial evidence contained in a written record.

If the Town Board does not complete its review, as noted in Subsection B of this section, prior to the five-year anniversary date of the tower special use permit, or subsequent fifth anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the tower special use permit for up to six months, in order for the Town Board to complete its review.

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

Such tower special use permit shall be nonexclusive;

Such tower special use permit shall not be assigned, transferred or conveyed without the express prior written consent of the Town Board, and such consent shall not be unreasonably withheld or delayed;

Such tower special use 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 tower special use permit for wireless telecommunications facilities, or for a material violation of this article after prior written notice to the applicant and the holder of the tower special use permit.

At the time that a person submits an application for a tower special use permit for new wireless telecommunications facilities, such person shall pay to the Town an application fee in the amount of $5,000. If the application is for a tower special use permit for collocating on an existing telecommunications tower or high structure, the application fee payable to the Town shall be in the amount of $2,000.

No application fee is required in order to recertify a tower special use permit for wireless telecommunications facilities, unless there has been a modification of the wireless telecommunications facilities since the date of the issuance of the existing tower special use permit. In the case of any modification, the fees provided in Subsection A shall apply.

If the application is to add any antenna or antennas to any existing wireless telecommunications facilities in the Town of Maine, the application fee payable to the Town of Maine shall be in the amount to be set and established from time to time by resolution adopted by the Town Board of the Town of Maine.[1]

Each of these application fees shall be payable in addition to the deposits required to be paid pursuant to § 450-83B hereof to reimburse the Town for all reasonable costs of consultants, expert evaluations and consultations with the Town Board.[2]

In order to verify that the holder of a tower special use permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities place, maintain, construct, modify and use such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town, and its consultants or experts, may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification, maintenance and use of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site. If requested by the Town, the holder of the tower special use permit shall assist the Town and its consultants and experts in obtaining access to the site.

The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder's, lessee's or licensee's refusal to provide necessary information, or necessary access to such facilities, including towers, antennas, and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this article are found to exist, in which case the holder, lessee or licensee shall reimburse the Town for the cost of the inspection.

Payment of such costs shall be made to the Town within 30 days from the date of the invoice or other demand for reimbursement. In the event that the finding(s) of violation is/are appealed in accordance with the procedures set forth in this article, said reimbursement payment must still be paid to the Town and the reimbursement shall be placed in an escrow account established by the Town specifically for this purpose, pending the final decision on appeal.

A holder of a tower special use 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 tower special use permit in the minimum amounts set forth below:

The commercial general liability insurance policy and excess liability 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 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 which 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 tower special use permit, the holder of the tower special use permit shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

Any tower special use permit issued pursuant to this article shall contain a provision with respect to indemnification. Such provision shall require the holder of the tower special use permit, 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 a wireless telecommunications facilities within the Town. 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. The holder of the tower special use permit shall not be obligated to provide such indemnification in the case of any claims, suits, demands, cause of action or award of damages which arise solely as a result of the negligence or intentional acts or actions of the Town or its officials, boards, employees, committee members, attorneys, agents or consultants.

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 tower special use permit for wireless telecommunications facilities.

For a violation of this article or any provision, term or condition of a tower special use permit issued pursuant to this article, the provisions of § 450-36 of this chapter shall be applicable.

Notwithstanding anything in this article, the holder of the tower special use 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 tower special use permit to termination and revocation of the tower special use permit, after prior written notice to the applicant and holder of the tower special use permit and after a hearing upon due prior notice to the applicant and holder. The Town may also seek injunctive relief to prevent the continued violation of this article.

If wireless telecommunications facilities are used, operated, 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 of the tower special use permit, then the Town Board shall notify the holder of the tower special use 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 Board 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 tower special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Town Board may revoke such tower special use permit for the wireless telecommunications facilities, and shall notify the holder of the tower special use permit in writing within 48 hours of such action, and the reasons for such action. The holder of the tower special use permit shall not thereafter use or operate the wireless telecommunications facilities until such time as the tower special use permit has been restored.

Nothing herein shall prevent the Town from pursuing remedies pursuant to §§ 450-95 and 450-36 of this chapter.

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

If the Town Board makes such a determination as noted in Subsection A of this section, then the Town Board shall notify the holder of the tower special use permit for the wireless telecommunications facilities in writing within 48 hours that said wireless telecommunications facilities are to be removed at the cost and expense of the holder of said permit. The Town Board may approve an interim temporary tower special use permit, so as to enable the sale of the wireless telecommunications facilities.

The holder of the tower special use permit, at its cost and expense, 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 Board. 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 Board.

If the 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 such notice, then the Town Board may order officials or representatives of the Town to remove the wireless telecommunications facilities at the sole cost and expense of the owner or permit holder.

If, the Town removes, or cause to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove them from the site to a lawful location within 10 days following receipt of written notice from the Town Board, then the Town may take steps to declare the wireless telecommunications facilities abandoned, and cause them to be removed at the expense of the owner or special permit holder, and sell them and their components.

Notwithstanding anything in this § 450-97 to the contrary, the Town Board may approve a temporary special use permit 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 permit, subject to the approval of the Town Board, and an agreement to comply with such plan shall be executed by the holder of the 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 Subsection E hereof.

Nothing herein shall prevent the Town from pursuing remedies in accordance with §§ 450-95 and 450-36 of this chapter.

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

If after such a periodic review and examination of this article, the Town Board determines that one or more provisions of this article should be amended, repealed, revised, clarified, or deleted, then the Town Board 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 Board may, consistent with applicable provisions of law, amend, revise, clarify or delete any part of this article or repeal the entire article.

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

To the extent that the holder of a tower special use 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 tower special use 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 tower special use permit for wireless telecommunications facilities, then the holder of such a tower special use 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.