[Added 11-21-2000 by L.L. No. 4-2000]
This article shall be known and may be cited as the "Regulation of Wireless Telecommunications Towers and Facilities."
A. 
The Telecommunications Act of 1996 (hereinafter referred to as the "Act") was enacted by the United States Congress to provide a more competitive environment for wireless communication services in the United States by deregulating the telecommunications industry. The Act preserves the authority of local government to regulate the placement, construction and modification of personal wireless services antennas, towers and accessory structures in order to protect the health, safety and welfare of the public.
B. 
The purpose of this article is to establish predictable and balanced regulations for the siting and screening of personal service antennas, towers and accessory structures. The establishment of such regulations is to accommodate the growth of such systems within the Incorporated Village of Lindenhurst (hereinafter referred to as the "Village"). Such regulations will further serve to protect the public against any adverse impacts on aesthetic resources. Additionally, the regulations will eliminate potential damage to adjacent properties from tower failure through structural standards and setback requirements. Finally, the regulations set forth in this article will reduce the number of towers needed to service the community by maximizing the use of existing towers and structures.
C. 
This article is intended to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfere with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, this article is intended to:
(1) 
Regulate the location of the towers and telecommunications facilities in the Village.
(2) 
Protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities.
(3) 
Minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
(4) 
Promote and encourage shared use/collocation of towers and antenna support structures as a primary option, rather than construction of additional single-use towers.
(5) 
Promote and encourage utilization of technological designs that will either eliminate or reduce the need for the erection of new tower structures to support antenna and telecommunications facilities.
(6) 
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used, or determined to be structurally unsound.
(7) 
Ensure that towers and telecommunications facilities are compatible with surrounding land uses.
D. 
The Communications Act of 1934, as amended by the Act, grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
(1) 
The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and
(2) 
The regulation of radio signal interference among users of the RF spectrum.
E. 
The Village's regulation of towers and telecommunications facilities in the Village will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESSORY STRUCTURES
Accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support personal wireless services. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
ANTENNA
The actual device which transmits and/or receives radio or electromagnetic waves.
ANTENNA SUPPORT STRUCTURE
Any building or structure, other than a tower, which can be used for location of telecommunications facilities.
APPLICANT
Any person that applies for a tower development permit.
APPLICATION
The process by which the owner of a parcel of land within the Village submits a request to develop, construct, build, modify or erect a telecommunications facility or tower upon such parcel of land. "Application" includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
ENGINEER
Any engineer licensed by the State of New York.
OWNER
Any person with fee title or a long-term (exceeding 10 years) leasehold to any parcel of land within the Village who desires to develop, or construct, build, modify or erect a tower upon such parcel of land.
PERSON
Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.
STEALTH
Any tower or telecommunications facility which is designated to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to look other than like a tower such as light poles, power poles and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged lattice or monopole tower designs.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wire guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate, or has installed, upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
A. 
Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or
B. 
Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
TOWER
A self-supporting lattice or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment as licensed by the FCC.
A. 
No telecommunications facility or tower shall hereafter be used, erected, changed or altered except after obtaining a special use permit in conformity with this article.
B. 
The Board of Trustees is hereby authorized to review and approve, approve with modifications or disapprove special use permits pursuant to this article. The Board of Trustees shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower or accessory structures.
C. 
A special use permit issued by the Board of Trustees shall be effective for a period of five years, which shall be renewable thereafter upon reapplication by the applicant and the payment of the fee referenced herein.
The Board of Trustees shall conduct a public hearing within 60 days from the day a complete application is received. The Board of Trustees shall issue a decision within 60 days after the hearing. Any denial of a permit under this article shall be in writing and shall be supported by substantial evidence.
No person shall build, erect or construct a tower upon any parcel of land within any zoning district within the Village unless a special use permit shall have been issued by the Board of Trustees after approval by the Board of Trustees.
A. 
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 125 feet above the ground upon which the antenna is placed. Towers may be permitted in excess of 125 feet in accordance with § 193-232, "Criteria for site plan development modifications."
B. 
No new tower shall be built, constructed or erected in the Village unless the tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size and surface area to the telecommunications facilities installed by the applicant on the tower within six months of the completion of the tower construction.
C. 
An application to develop a tower shall include:
(1) 
The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is to be situated. If the applicant is not the owner of the parcel of land upon which the tower is to be situated, the written consent of the owner shall be evidenced in the application.
(2) 
The legal description and address of the parcel of land upon which the tower is to be situated.
(3) 
The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-half-mile radius of the proposed new tower site, including Village-owned property, provided that same are readily available from public sources.
(4) 
A description of the design plan proposed by the applicant in the Village. The applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.
(5) 
An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on Village-owned towers or usable antenna support structures located within a three-quarter-mile radius of the proposed tower site.
(6) 
An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on towers owned by other persons located within a three-quarter-mile radius of the proposed tower site and describing whether any reasonable opportunity exists to locate such facilities on usable antenna support structures owned by such other persons within such three-quarter-mile radius.
(7) 
Written technical evidence from an engineer that the proposed tower or telecommunications cannot be installed or collocated on another person's tower located within a three-quarter-mile radius of the proposed tower site and describing the viability of locating such facilities on usable antenna support structures owned by other persons within such three-quarter-mile radius.
(8) 
A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent residential and nonresidential properties.
(9) 
Written, technical evidence from an engineer that the proposed structure meets the standards set forth in § 193-220, "Structural requirements," of this article.
(10) 
Written, technical evidence from a qualified engineer acceptable to the Fire Marshall and the Building Inspector that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(11) 
In order to assist Village staff and the Board of Trustees in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photorealistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways, including "before" and "after" views.
(12) 
The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the Village to condition or deny, on the basis of RF impacts, the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. Antennas and towers shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. In order to provide information to its citizens, the Village shall make available, upon request, copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. Applicants shall submit evidence of compliance with FCC standards on a yearly basis to the Village. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Board of Trustees. The cost of verification of compliance shall be borne by the owner and operator of the tower.
D. 
The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration. Permanent platforms or structures, exclusive of antennas that serve to increase off-site visibility, are prohibited.
E. 
The base of the tower shall occupy not more than 500 square feet.
F. 
Minimum spacing between tower locations is three-fourths of a mile.
G. 
The Board of Trustees may require an applicant to supplement any information that the Board of Trustees considers inadequate or that the applicant has failed to supply. The Board of Trustees may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection.
All towers erected, or located within the Village, shall comply with the following requirements:
A. 
A proposal for a tower shall not be approved unless the Board of Trustees finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height, one-quarter-mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
(1) 
The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(2) 
The antenna would cause interference materially impacting the usability of other existing or planned antennas at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
(3) 
Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
(4) 
Other foreseen reasons that make it infeasible to locate the antenna upon an existing or approved tower or building.
(5) 
It is otherwise preferable to use an alternate site for reasons related to encouraging collocation.
B. 
Design of proposed towers.
(1) 
Any proposed tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(2) 
The applicant shall submit to the Board of Trustees a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless service providers In the future. The issuance of a special use permit (assuming the tower is approved according to this section) shall commit the new tower owner and his/her successors in interest to:
(a) 
Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless service providers.
(c) 
Allow shared use of the new tower if another personal wireless service provider agrees in writing to pay charges.
(d) 
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
C. 
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Board of Trustees shall require that:
(1) 
An applicant who proposes a new tower shall notify, in writing, the legislative body of each municipality that borders the Village and the County Planning Commission. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(2) 
Documentation of this modification shall be submitted to the Board of Trustees at the time of application.
A. 
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 ice-fall or debris from a tower or tower failure and to preserve the privacy and sanctity of any adjoining properties.
B. 
Wireless telecommunications facilities shall be located with a minimum setback from any property line a distance equal to the height of the wireless telecommunications facility 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 setback requirements for the property on which it is situated.
C. 
Setback requirements may be modified when placement of a tower in a location which will reduce the visual impact can be accomplished; for example, adjacent to trees which may visually hide the tower.
D. 
A tower's setback may be reduced in the sole discretion of the Board of Trustees to allow the integration of a tower into an existing, or proposed, structure such as a church steeple, light pole, power line or similar structure. Towers located on municipal property shall be exempt from lot size and setback requirements.
All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the Village Code and any other standards outlined in this article. All towers in operation shall be affixed to land.
A. 
For the purpose of this article, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan, of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of Village jurisdictional boundaries.
B. 
Towers shall be separated from all residentially zoned lands by a minimum of 150 feet, except where circumstances dictate less separation to be in the best interest of the public's health, safety and welfare. Towers shall be separated from schools by a minimum of 1,000 feet, except where circumstances dictate less separation to be in the best interest of the public's health, safety and welfare.
C. 
Proposed towers must be the minimum separation requirements of 3/4 of a mile from existing towers or towers which have a special use permit but are not yet constructed at the time a special use permit is granted pursuant to this article.
Measurement of tower height for the purpose of determining compliance with all requirements of this article shall include the tower structure itself, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from grade.
Towers shall not be artificially lighted, except as required by the Federal Aviation Administration or other federal or state authority for a particular tower. Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual-mode lighting shall be requested from the Federal Aviation Administration.
Antennas, towers and accessory structures shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is indicated by federal or state authorities such as the Federal Aviation Administration. Every antenna, tower and accessory structure shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.
All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure or telecommunications facilities are located. The Village may require landscaping in excess of the requirements in the Village Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any accessory structures shall be landscaped. Towers and accessory structures shall be provided with security fencing to prevent unauthorized entry.
The Board may require the following depending on the location of the tower:
A. 
A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on-site.
B. 
A road will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.
All towers shall be of stealth design.
A. 
The application for telecommunications facilities on antenna support structures shall include all information necessary to a tower permit to the extent determined by the Building Department.
B. 
Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Board of Trustees, establish the following at the time plans are submitted for a special use permit:
(1) 
That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.
(2) 
That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the Village. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.
A. 
A tower existing prior to the effective date of this article, which was in compliance with the Village's Code immediately prior to the effective date of this article, may continue in existence as a nonconforming structure. Such nonconforming structure may be modified or demolished and rebuilt without complying with any of the additional requirements of this article, except for § 193-221, "Separation or buffer requirements," § 193-230, "Certification and inspections," § 193-231, "Maintenance," provided that:
(1) 
The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.
(2) 
An application for a special use permit is made to the Board of Trustees, which shall have the authority to issue a special use permit without further approval. The grant of a special use permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.
(3) 
The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this article.
B. 
Except as provided in this article, a nonconforming structure or use may not be enlarged, increased in size or discontinued in use for a period of more than 180 days. This article shall not be interpreted to legalize any structure or use existing at the time this article is adopted, which structure or use is in violation of the Village Code prior to enactment of this article.
A. 
All towers and telecommunications facilities shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers and telecommunications facilities, such certification shall be submitted with an application pursuant to § 193-215 of this article and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this article and then every five years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
B. 
The Village or its agents shall have authority to enter onto the property upon which a tower or telecommunications facility is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Village Code and all other construction standards provided by the Village Code and federal and state law.
C. 
The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the owner. All expenses related to such inspections by the Village shall be borne by the tower owner.
A. 
Telecommunications facility owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
B. 
Telecommunications facility owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
C. 
All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
D. 
All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.
E. 
All telecommunications facilities shall maintain compliance with current RF emission standards of the FCC.
F. 
In the event that the use of a telecommunications facility is discontinued by the owner, the owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued.
Notwithstanding the requirements provided in this article, a modification to the requirements may be approved by the Board of Trustees as a conditional use in accordance with the following:
A. 
In addition to the requirement for an application, the application for modification shall include the following:
(1) 
A description of how the plan addresses any adverse impact that might occur as a result of approving the modification.
(2) 
A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.
(3) 
A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.
(4) 
For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for collocation and the result of such attempts.
(5) 
The Board of Trustees may require the application to be reviewed by an independent engineer under contract to the Village to determine whether the antenna study supports the basis for the modification requested. The costs of the review by the Village's engineer shall be reimbursed to the Village by the applicant.
B. 
The Board of Trustees shall consider the application for modification based on the following criteria:
(1) 
That the telecommunications facility as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.
(2) 
Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.
(3) 
In addition, the Board of Trustees may include conditions on the site where the telecommunications facility is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification, and encourage the legislative intent expressed herein.
A. 
The Board may hire any consultants and/or experts necessary to assist the Board in reviewing and evaluating the application and any requests for recertification.
B. 
An applicant shall deposit with the Village funds sufficient to reimburse the Village for all reasonable costs of consultant and expert evaluation and consultation to the 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 Village will maintain a separate escrow account for all such funds. The Village's consultants/experts shall bill or invoice the Village 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, the applicant shall immediately, upon notification by the Village, replenish said escrow account so that it has a balance of at least $2,500. Such additional escrow funds must be deposited with the Village before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Village is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant.
C. 
The total amount of the funds required to review an application may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as required by the Village, shall be paid by the applicant.
Prior to the approval of any application for a special permit for wireless telecommunications facilities, a public hearing shall be held by the Board, notice of which shall be published in the official newspaper of the Village no less than 10 calendar days prior to the scheduled date of the public hearing. In order that the Village may notify nearby landowners, the applicant, at least three weeks prior to the date of said public hearing, shall be required to provide names and address of all landowners whose property is located within 500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located.
A. 
If any tower or telecommunications facility shall cease to be used for a period of 180 consecutive days, the Board of Trustees shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Board of Trustees that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower or telecommunications facility has been in use or under repair during the period. If the owner fails to show that the tower or telecommunications facility has been in use or under repair during the period, the Board of Trustees shall issue a final determination of abandonment; the owner shall, within 75 days, dismantle and remove the tower or telecommunications facility.
B. 
In the event that a tower or telecommunications facility is not removed within the relevant time period, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the owner.
C. 
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.
If any clause, section or other part of this article shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this article shall not be affected thereby, but shall remain in full force and effect.
All local laws or parts of local laws in conflict herewith are hereby repealed.
The use of any portion of a tower or telecommunications facilities for signs other than warning or equipment information signs is prohibited.
The operator of every tower, antenna and accessory structure shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such tower, antenna and accessory structure and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
Every special use permit granting approval of an antenna, tower or accessory structure shall state that any assignment or transfer of the special use permit or of any rights thereunder may be made only with the approval of the Village.
The special use permit shall be subject to review by the Board of Trustees at five-year intervals to determine the following:
A. 
Whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified; and
B. 
Whether the special use permit should be modified or terminated as a result of any such change.
Upon initial application for a special use permit for the maintenance of a tower, antenna or accessory structure pursuant to this article, and upon subsequent renewals of such special use permit, the applicant shall pay a fee to the Village as shall be set from time to time by resolution of the Board of Trustees.