1.14 Tower Lighting and Signage; Noise Generated by Facility
Unless required by the Federal Aviation Administration ("FAA"), no lighting of towers is permitted. In any case where a tower is determined to need obstruction marking or lighting, the applicant must demonstrate that it has or will request the least visually obtrusive marking and/or lighting scheme in FAA applications. Copies of required FAA applications shall be submitted by the applicant. Heights may be reduced to eliminate the need for lighting or another location selected.

No commercial signs or lettering shall be placed on a tower or facility. Signage shall be limited to that required by federal or state regulation.

The Board may impose conditions to minimize the affect of noise from the operation of machinery or equipment upon adjacent properties.

1.15 Temporary Wireless Communication Facilities
Any wireless telecommunications facility designed for temporary use is subject to the following:

A.	Use of a temporary facility is permitted only if the owner has received a temporary use permit from the Town of ___________.
B.	Temporary facilities are permitted for no longer than five days use during a special event.
C.	The maximum height of a temporary facility is 50 feet from grade.
D.	Temporary facilities must comply with all applicable portions of these regulations.

[See earlier comments regarding interference and the Freeman case. - ED]

1.16 Continuing Obligations
Upon receiving a permit, the permittee shall annually demonstrate that he or she is in compliance with all FCC standards and requirements regarding radiofrequency exposure, and provide the basis for his or her representations. [Submission of measurements assumes that they were necessary to demonstrate compliance. Most compliance can be established by other means.]

1.17 Facility Removal
Abandoned,, unused, obsolete, or noncompliant towers or facilities governed under this bylaw shall be removed as follows:

A.	The owner of a facility/tower shall annually, on January 15, file a declaration with the Town of _ ________'s Administrative Officer certifying the continuing safe operation of every facility/tower installed subject to these regulations. Failure to file a declaration shall mean that the facility/tower is no longer in use and considered abandoned.
B.	Abandoned or unused towers or facilities shall be removed within 180 days of cessation of operations at the site unless a time extension is approved by the [Planning Commission/Zoning Board of Adjustment/Development Review Board]. In the event the tower or facility is not removed within 180 days of the cessation of operations at a site, the municipality shall notify the owner and may remove the tower or facilities. Costs of removal shall be assessed against the property or tower owner.
C.	Towers and facilities which are constructed in violation of permit conditions or application representations shall be removed within 180 days of cessation of operations at the site unless a time extension or negotiated solution is approved by the [Planning Commission/Zoning Board of Adjustment/Development Review Board]. In the event the tower or facility is not removed within 180 days of notification of such a violation, the municipality may remove the tower or facilities. Costs of removal shall be assessed against the property or tower owner.
D.	An owner who has failed to file an annual declaration with the Administrative Officer by January 15 may, by February 15, file a declaration of use or intended use and may request the ability to continue use of the facility/tower.
E.	The Applicant shall, as a condition of the conditional use permit, provide a financial surety bond payable to the Town of ______ and acceptable to the Board to cover the cost of removal of the facility and remediation of the landscape, should the above clauses be invoked.

1.18 Maintenance Requirements
The Applicant shall maintain all facilities. Such maintenance shall include, but not be limited to painting, structural integrity and landscaping. In the event the applicant fails to maintain the facility, the Town of _ _____may undertake such maintenance at the expense of the applicant or landowner.

1.19 Insurance Requirements
The facility owner shall maintain adequate insurance on all facilities.

1.20 Fees
Fees for filing an application to build or alter a wireless telecommunications facility shall be $_______.for small scale facilities (see Section 1.7) and $______ for all other facilities. Additional fees may include the reasonable costs of an independent technical assessment of the application that may be incurred during the review and permitting process.

[Keep in mind local business use of relatively small facilities for communication or dispatch. The fees should be kept reasonable and not used to discourage applications, particularly for smaller facilities where the administrative cost will likely be low.- ED]

1.21 Enforcing Agent
The Administrative Officer shall be the agent to enforce the provisions of this bylaw.

1.22 Severability
If any portion of this bylaw is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this bylaw shall not be affected.

1.23 Effective Date
This bylaw shall be effective on ___________________________________.

Special thanks to the Vermont League of Cities and Towns who initially prepared this Model Bylaw in June 1998.
Revisions were completed in May 2001.