Implementing an application process for person(s) seeking a wireless facilities permit for wireless telecommunications facilities.

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

Promoting and encouraging, wherever possible, the sharing and/or co-location of wireless telecommunications facilities among service providers.

Promoting and encouraging, wherever possible, 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 wireless facilities permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The Board is the officially designated agency or body of the Borough to whom applications for a wireless facilities 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 wireless facilities permits for wireless telecommunications facilities. The Board of Council Members may, at its discretion, delegate or designate other official agencies of the Borough, or others, to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking wireless facilities permits for wireless telecommunications facilities.

An application for a wireless facilities 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. At the discretion of the Borough, 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 Borough.

The applicant shall include a statement, in writing:

No wireless telecommunications facilities shall be installed or constructed until the application is reviewed and approved by the Borough, and the wireless facilities permit has been issued.

No tower owner or manager shall be permitted to submit an application for a wireless facilities permit for a tower if the tower owner does not have a signed agreement committing a commercial service provider to occupy space on the tower.

All applications for the construction or installation of new wireless telecommunications facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the state. The application shall include the following information:

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 towers or the use of alternative buildings or other structures within the Borough or surrounding areas. Copies of written requests and responses for shared use shall be provided to the Borough 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 Borough, 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 Borough may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the preapplication 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 Borough 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 Borough.

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the Borough, 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 be sited so as to be the least visually intrusive reasonably possible and thereby have 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 Borough.

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 wireless facilities 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 Borough, state, or federal government, 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.[1] In the event of a conflict between or among any of the preceding, the more stringent shall apply.

A holder of a wireless facilities 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 Borough or other governmental entity or agency having jurisdiction over the applicant.

An applicant shall submit to the Borough the number of completed applications determined to be needed at the preapplication meeting. Written notification of the application shall be provided to the legislative body of all adjacent municipalities.

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:

Shared use.

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 shall also include a site visit if there has not been a prior site visit for the requested site. Costs of the Borough's consultants to prepare for and attend the preapplication meeting will be borne by the applicant.

The holder of a wireless facilities permit shall notify the Borough of any intended modification of a wireless telecommunications facility and shall apply to the Borough 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 minimum of a three-foot-in-diameter brightly colored balloon 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 Borough. The applicant shall inform the Borough, 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 Regulations, 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(8) 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 reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

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 Borough why co-location is commercially 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 Borough may approve any site located within an area in the above list of priorities, provided that the Borough finds that the proposed site is in the best interest of the health, safety and welfare of the Borough 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.

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

Locating on existing towers or other structures without increasing the height shall be preferred by the Borough, as opposed to the construction of a new tower. The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within two miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and demonstrate conclusively why an existing tower or other suitable structure can not 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 Borough, 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 service primarily and essentially within the Borough, to the extent practicable, unless good cause is shown.

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, Borough, state, and/or any federal statute, law, local law, Borough ordinance, code, rule or regulation.

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.

Towers shall, as deemed appropriate, 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.

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 Borough may hire any consultant and/or expert necessary to assist the Borough 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 Borough funds sufficient to reimburse the Borough for all reasonable costs of consultant and expert evaluation and consultation to the Borough 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 Borough shall precede the preapplication meeting. The Borough will maintain a separate escrow account for all such funds. The Borough's consultants/experts shall invoice the Borough 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 Borough, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Borough before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Borough 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 wireless facilities permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no wireless facilities 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 of an existing wireless telecommunications facility must comply with this article.

Prior to the approval of any application for a wireless facilities permit for wireless telecommunications facilities, a public hearing shall be held by the Borough, pursuant to the requirements for public notice. The Borough will notify nearby 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, as required for ordinances to enforce the general powers of the Borough.

There shall be no public hearing required for an application to co-locate on an existing tower or other structure, as long as there is no proposed increase in the height of the tower or structure, including attachments thereto.

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

The Borough 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 Borough 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 Borough may approve, approve with conditions, or deny a wireless facilities 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 Borough approves the wireless facilities permit for wireless telecommunications facilities, then the applicant shall be notified of such approval, in writing, within 10 calendar days of the Borough's action, and the wireless facilities permit shall be issued within 30 days after such approval. The applicant will also be required to obtain all necessary building permits and must also comply with the zoning and subdivision/land development requirements of the Borough.

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

Any wireless telecommunications facility permitted under this article shall be started within 90 days of the date of the grant of the wireless facilities permit and be completed, be granted a certificate of completion and provide service within 180 days of the date of the grant of the wireless facilities permit. If the requirements of this subsection are not complied with, absent good cause shown, which shall be for situations beyond the control of the permittee only, the wireless telecommunications facility special exception shall be deemed to have been abandoned, the wireless facilities permit shall be revoked, and the provisions of § 270-113 shall be enforced.

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

If, after such review, the Borough determines that the permitted wireless telecommunications facilities are in compliance with the wireless facilities permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Borough may issue a recertification of the wireless facilities 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 wireless facilities permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Borough may refuse to issue a recertification wireless facilities 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 Borough 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. The failure to file on time any federal- or state-mandated report or to have requested a modification of the wireless facilities permit when required by this article or any substantial misstatement on the recertification request shall be sufficient in and of itself to refuse recertification.

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 wireless facilities permit, or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the wireless facilities permit for up to six months, in order for the completion of the review.

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

Such wireless facilities permit shall be nonexclusive.

Such wireless facilities permit shall not be assigned, transferred or conveyed without the express prior written notification to the Borough.

Such wireless facilities 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 wireless facilities permit or for a material violation of this article after prior written notice to the holder of the wireless facilities permit.

At the time that a person submits an application for a wireless facilities permit for a new tower, such person shall pay a nonrefundable application fee of $5,000 to the Borough. If the application is for a wireless facilities 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 wireless facilities 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 wireless facilities permit for which the conditions of the wireless facilities permit have not previously been modified. In the case of any modification, the fees provided in Subsection A shall apply.

A holder of a wireless facilities 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 wireless facilities permit, in amounts as set forth below:

The commercial general liability insurance policy shall specifically include the Borough 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 rating of at least A.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Borough 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 Borough 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 facility is initiated, but in no case later than 15 days after the grant of the wireless facilities permit, the holder of the wireless facilities permit shall deliver to the Borough 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 Borough 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 Borough 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 gross negligence or intentional acts or omissions of the Borough. 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 Borough.

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

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 of the wireless facilities permit, then the Borough shall notify the holder of the wireless facilities 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 Borough 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 wireless facilities permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Borough may revoke such wireless facilities permit for wireless telecommunications facilities and shall notify the holder of the wireless facilities permit within 48 hours of such action.

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

If the Borough makes such a determination as noted in Subsection A of this section, then the Borough shall notify the landowner and holder of the wireless facilities permit for the wireless telecommunications facilities that said wireless telecommunications facilities are to be removed within the time specified in the notice. The Borough may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

The landowner or holder of the wireless facilities 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 Borough. However, if the owner of the property upon which the former 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 Borough. The retention of such an accessway shall in no manner be considered a waiver of any future subdivision access road requirements of Butler County or the Borough.

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 and landowner have received notice, then the Borough may direct its own employees or contract with an independent contractor to remove the wireless telecommunications facilities at the sole expense of the landowner or wireless facilities permit holder, its successors or assigns. The cost of the removal carried out under this section shall become a municipal lien against the land and the personal property and former fixtures so removed.

If the Borough removes, or causes to be removed, wireless telecommunications facilities, and the landowner and/or owner of the wireless telecommunications facilities does not pay the cost of removal and/or remove it from the site to a lawful location within 10 days of being notified by regular mail of the completion of the taking down of the facility, then the Borough may treat the facilities as abandoned and sell them and their components.

Notwithstanding anything in this section to the contrary, the Borough may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more 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 wireless facilities permit, subject to the approval of the Borough, and an agreement to such plan shall be executed by the holder of the wireless facilities permit and the Borough. If such a plan is not developed, approved and executed within the ninety-day time period, then the Borough may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

The Borough 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 Borough determines that one or more provisions of this article should be amended, repealed, revised, clarified, or deleted, then the Borough 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 Borough, the Borough may repeal this entire article at any time.

Notwithstanding the provisions of Subsections A and B of this section, the Borough 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 wireless facilities 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 wireless facilities 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 wireless facilities permit for wireless telecommunications facilities, then the holder of such a wireless facilities 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.