[HISTORY: Adopted by the Board of Trustees of the Village
of Johnson City 5-3-2011 by L.L. No. 5-2011. Amendments noted where
applicable.]
A.
Statutory authority. Pursuant to the authority conferred by Article
7 of the Village Law of the State of New York and the Municipal Home
Rule Law of the State of New York, the Village Board of the Village
of Johnson City, County of Broome, State of New York, has ordained
and does hereby enact this chapter regulating and restricting the
location, size and use of telecommunications facilities and their
accessory structures in the Village of Johnson City.
B.
Legislative intent. The Village of Johnson City recognizes the increased
demand for wireless communication transmitting facilities and the
need for the services they provide. Often these facilities require
the construction of a communications tower and/or similar facilities.
The intent of this article is to regulate the location, construction
and modification of the telecommunications facilities in accordance
with the guidelines of the Telecommunications Act of 1996 and other
applicable laws by:
(1)
Accommodating the need for telecommunications towers/antennas while
regulating their locations and number in the community.
(2)
Minimizing adverse visual impacts of these towers/antennas through
proper siting, design and screening.
(3)
Preserving and enhancing the positive aesthetic qualities of the
natural environment and current development in the Village of Johnson
City.
(4)
Providing for the health, safety and welfare of the community by
avoiding potential damage or other negative impact to adjacent properties
from power failure, falling ice, etc., through proper siting and engineering.
(5)
Requiring the joint use of towers when available and encouraging
the placement of antennas on existing structures to minimize the number
of such structures in the future.
[Added 4-18-2017 by L.L.
No. 3-2017]
A.
For purposes of this chapter, and where not inconsistent with the
context of a particular section, the defined terms, phrases, words,
abbreviations, and their derivations shall have the meanings given
in this section. When not inconsistent with the context, words in
the present tense include the future tense, words used in the plural
number include words in the singular number and words in the singular
number include the plural number. The word "shall" is always mandatory,
and not merely directory.
B.
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
ANTENNA SPECIAL USE PERMIT
APPLICANT
APPLICATION
CO-LOCATED/EXISTING STRUCTURE ANTENNAS
CO-LOCATION
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
COMPLETED APPLICATION
DISTRIBUTED ANTENNA SYSTEM (DAS)
FAA
FCC
HEIGHT
MICROCELL
MODIFICATION or MODIFY
NIER
NON-CO-LOCATED/NEW STRUCTURE ANTENNAS
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
PLANNING BOARD
REPAIRS AND MAINTENANCE
STATE
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATION SITE
TELECOMMUNICATIONS
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
TOWER
TOWER SPECIAL USE PERMIT
VILLAGE BOARD
WIRELESS TELECOMMUNICATIONS FACILITIES
As used in this chapter, the following terms shall have the meanings
indicated:
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
The official document or permit by which an applicant is
allowed to file for a building permit to construct and use a DAS or
microcell as granted or issued by the Village.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunications
facilities.
Any antenna that is attached to an existing telecommunications
tower.
The use of an existing tower or structure to support antennas
for the provision of wireless services. A replacement tower that is
constructed on the same site as an existing tower will be considered
a co-location as long as the new tower is no taller than the old tower
and the old tower is removed within 180 days after the new tower is
constructed.
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be "commercial impracticable" and shall not render an act or the
terms of an agreement "commercially impracticable."
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure. DAS antenna elevations are
generally at or below the clutter level, and node installations are
compact.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightning
protection device.
A cell in a mobile phone network served by a low-power cellular
base station (tower), covering a limited area such as a mall, hotel,
school or transportation hub.
The addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernable
components, vehicular access, parking and/or an upgrade or changeout
of equipment for better or more modern equipment. Adding a new wireless
carrier or service provider to a telecommunications tower or telecommunications
site as a co-location is a modification. A modification shall not
include the replacement of any components of a wireless facility where
the replacement is identical to the component being replaced or for
any matters that involve the normal repair and maintenance of a wireless
facility without adding, removing or changing anything.
Non-ionizing electromagnetic radiation.
An antenna that will not be mounted on an existing structure
as defined herein or that is located 15 feet higher than the existing
structure on which it is mounted. These antennas are permitted in
accordance with the requirements set forth in this chapter.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
The same meaning as defined and used in the 1996 Telecommunications
Act.
The Planning Board of the Village of Johnson City.
The replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernable components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
The State of New York.
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.
See definition for "wireless telecommunications facilities."
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this
chapter; something not intended to, or that does not, exist for more
than 90 days.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
The official document or permit by which an applicant is
allowed to file for a building permit to construct and use wireless
telecommunications facilities as granted or issued by the Village.
The Village Board of the Village of Johnson City.
Includes a "telecommunications site" and "personal wireless
facility." It means a structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting
or receiving devices. This includes, without limit, towers of all
types and kinds and structures, including but not limited to buildings,
church steeples, silos, water towers, signs or other structures that
can be used as a support structure for antennas or the functional
equivalent of such. It further includes all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, SMR,
paging, 911, personal communications services (PCS), commercial satellite
services, microwave services and any commercial wireless telecommunication
service not licensed by the FCC.
No telecommunications facility shall be sited, located, constructed,
erected or modified without the issuance of a building permit, tower
special use permit and site plan approval, and such other permits
or approvals as are prescribed by the Code of the Village of Johnson
City.
A.
Co-located/existing structure antennas and modifications to existing
towers/antennas, approvals, submittal and requirements.
[Amended 4-18-2017 by L.L. No. 3-2017]
(1)
Approvals. A co-located or existing structure antenna is permitted
without a tower special use permit upon issuance of site plan approval
and a building permit. DAS/microcell applications that also meet the
definition of a co-located/existing structure antenna shall only require
minor site plan approval and a building permit. The applicant shall
also be responsible for all reasonable costs incurred by the Village
in reviewing and analyzing an application, including, but not limited
to, any engineering or technical reports or studies submitted by the
applicant relative to its application and any legal fees related thereto.
As a condition of approval, the approving department or board may
require a removal bond.
(2)
Submittal and bulk requirements. The site plan and building permit
application shall include the following:
(a)
A structural analysis/report, certified by a licensed professional
engineer or architect, verifying the ability of the structure to handle
the antenna.
(b)
Certification by a qualified radio frequency engineer (signed
and sealed by a licensed professional engineer or architect) that
the cumulative emissions from all antennas proposed to be located
at the proposed site meet federal guidelines.
(c)
The height of the new antenna shall extend no more than 15 feet
above the height of the existing structure. Antennas projecting over
walkways or sidewalks must have a minimum clearance between the bottom
of the equipment and the ground of nine feet. Antennas projecting
over a traffic area, such as a driveway or parking lot aisle, must
have a minimum clearance between the bottom of the equipment and the
ground of 15 feet.
(d)
The antenna and any mounting structure and related equipment
shall be integrated into said structure in such a manner as to minimize
its visual impact to the greatest extent practicable.
B.
Non-co-located/new structure antennas, approvals and bulk requirements.
[Amended 4-18-2017 by L.L. No. 3-2017]
(1)
Requirements for approval. No application for a non-co-located or
new structure antenna, regardless of whether such antenna is a DAS/microcell,
shall be considered complete unless and until the applicant shall
have submitted a report that establishes to the satisfaction of the
Village of Johnson City Planning Board the following:
(a)
That the applicant is required to provide service to locations
which it is not able to serve through existing facilities which are
located either within or outside of the Village, showing the specific
locations and/or areas the applicant is seeking to serve.
(b)
The report shall set forth an inventory of existing facilities
and/or structures, within or outside of the Village, which might be
utilized or modified in order to provide coverage to the locations
the applicant is seeking to serve and shall include a report on the
possibilities and opportunities for co-location as an alternative
to a new site.
(c)
The applicant must demonstrate that the proposed facility cannot
be accommodated on any such existing facility or structure either
within or outside of the Village due to one or more of the following
reasons:
[1]
The proposed equipment would exceed the existing reasonable
potential structural capacity of existing facilities or structures
within or outside of the Village, considering existing and planned
use for those facilities or structures.
[2]
The existing or proposed equipment would cause interference
with other existing or proposed equipment that could not reasonably
be mitigated or prevented.
[3]
Said existing facilities or structures do not have space on
which the proposed equipment can be placed so it can function effectively
and reasonably, and/or the applicant has not been able, following
good faith efforts, to reach an agreement with the owner(s) of such
facilities or structures.
[4]
Other reasons which make it impractical to locate or place the
proposed equipment on said facilities or structures.
(2)
Bulk requirements.
(a)
Non-co-located or new structure antennas, other than DAS/microcells.
In all residential zoning districts, including the PUD District, new
or relocated towers and antennas shall be set back from all property
lines a minimum distance equal to their height (measured from their
base) plus 100 feet and in all other zoning districts a minimum distance
equal to their height (measured from their base). The towers shall
also be set back a minimum distance equal to their height from all
power lines. The Planning Board may require an additional setback
area in the case of guy wires, taking into consideration the length
of the guy wires and the location of ground anchors.
(b)
DAS/microcells. In residential districts, setbacks from all
property lines should be equal to 1/2 the height of the structure.
In commercial and industrial districts, the setbacks from all property
lines shall be 1/3 the height of the structure. If placed within a
public right-of-way, setback of structures should be determined by
acceptable engineering practices. The Planning Board may require an
additional setback area in the case of guy wires, taking into consideration
the length of the guy wires and the location of ground anchors.
(3)
Tower special use permit required. For all new, relocated or replacement
towers and antennas, including DAS/microcells that do not meet the
definition of a co-located/existing structure antenna, a tower special
use permit shall be required.
(4)
The applicant shall also be responsible for all reasonable costs
incurred by the Village in reviewing and analyzing an application,
including, but not limited to, any engineering or technical reports
or studies submitted by the applicant relative to its application
and any legal fees related thereto.
C.
All applications for telecommunications facilities in all zoning
districts shall comply with the requirements of the State Environmental
Quality Review Act (SEQRA).
A.
Application required. All applicants for a tower special use permit
shall make a written application for special use permit to the Village
of Johnson City Zoning Board.
B.
Said application shall include:
(1)
A completed tower special use permit application form. In addition
to the requirements set forth herein, all applications shall be processed
in accordance with the requirements of § 300-66 of the Code
of Johnson City generally applicable to special use permits. The application
shall be accompanied by the payment of the tower special use permit
application fee of $2,500. In addition to the tower special use permit
application fee, the applicant shall also be responsible for all reasonable
costs incurred by the Village in reviewing and analyzing an application,
including, but not limited to, any engineering or technical reports
or studies submitted by the applicant relative to its application
and any legal fees related thereto.
(3)
A site plan, in the form and content acceptable to the Village, prepared
to scale and in sufficient detail and accuracy. In addition to the
site plan requirements set forth in § 300-63, the site plan
shall include:
(a)
The exact location of the proposed tower, together with guy
wires and ground anchors, if applicable, and any accessory structures.
(b)
The maximum height of the proposed tower and antennas.
(c)
A detail of tower type (monopole, guyed, freestanding or other).
(d)
The color or colors of the tower.
(e)
The location, type and intensity of any lighting on the tower
and antennas.
(f)
A survey, showing the boundary of the property and any easements,
and a topographical map of the property with contour lines not exceeding
two-foot intervals.
(g)
Proof of ownership of the land by the applicant or the landowner's
consent if the applicant will not own the property. A copy of the
final lease agreement, plus any amendments thereto, must also be provided
if the applicant will not own the property.
(h)
The location of all current and proposed structures on the property
and all structures on any adjacent property within 50 feet of the
property lines, together with the distance of these structures to
the tower and antennas.
(i)
Identification of adjacent landowners.
(j)
The location, nature and extent of any proposed fencing and
landscaping or screening. Existing on-site vegetation shall be preserved
to the maximum extent possible.
(k)
The location and nature of proposed utility easements and access
roads, if applicable. The applicant must demonstrate that all private
access roads will be maintained in order to ensure access by emergency
vehicles on a year-round basis.
(l)
Building elevations of accessory structures or immediately adjacent
buildings.
(m)
Visual study showing where within a two-mile radius any portion
of the proposed tower/antenna could be seen.
(4)
Before-and-after propagation studies prepared by a qualified radio
frequency engineer (signed and sealed by a licensed professional engineer)
demonstrating existing signal coverage resulting from the proposed
telecommunications facility.
(5)
Search ring analysis:
(a)
A search ring analysis prepared by a qualified radio frequency
engineer (signed and sealed by a licensed professional engineer) and
overlaid on an appropriate background map demonstrating the area within
which the telecommunications facility needs to be located in order
to provide proper signal strength and coverage to the target cell.
(b)
The applicant must be prepared to explain to the Village of
Johnson City Planning and Zoning Boards how and why it selected the
proposed site, discuss the availability (or lack of availability)
of a suitable structure, within the search ring, which would have
allowed for collocated antenna(s), and to what extent the applicant
explored locating the proposed tower and antennas in a more desirable
use district. Proof of correspondence with other telecommunications
companies concerning collocation shall be part of this requirement.
(6)
The Village of Johnson City Planning Board, upon reviewing the application,
may request reasonable additional visual, aesthetic and site information,
as it deems appropriate on a case-by-case basis. Such additional information
may include, among other things, visual impact statements, enhanced
landscaping plans, line-of-sight drawings and/or visual simulations
from viewpoints selected by the Village Planning staff.
(7)
For sites in close proximity to significant historical sites or important
preservation/conservation areas, the Village will request additional
site plans and tower special use permit requirements. These requirements
can include specially designed towers, additional screening, greater
setbacks and improved landscaping. Siting in these areas should be
avoided to the maximum extent possible.
(8)
Upon issuance of a tower special use permit by the Village of Johnson
City Planning and Zoning Boards, the applicant will apply to the Johnson
City Planning Board for site plan review and, upon approval, to the
Village of Johnson City for a building permit.
A.
The following criteria will be considered by the Village prior to
the approval/denial of a request for a tower special use permit. The
criteria listed may be used as a basis to impose reasonable conditions
on the applicant. Tower special use permits are not assignable and
nontransferable, except upon approval by resolution of the Village
of Johnson City Zoning Board.
B.
The Village may express a preference for an alternative site(s) and/or
that the proposed telecommunications facility be located in a higher-intensity-use
district or on higher-intensity-use property, provided that there
is a technologically feasible and available location. A guideline
for the Village's preference, from most desirable to least desirable
zoning district/property, is as follows:
(1)
Property with an existing structure suitable for collocation.
(2)
Municipal or government-owned property.
(3)
Industrial (IN) or General Commercial (GC) Zoning Districts.
(4)
Neighborhood Commercial (NC) and Central Business (CB) Zoning Districts.
(5)
Commercial Office (CO) Zoning District, and any over lay districts.
(6)
Rural Residential (RR), Urban Single-Family (USF), Suburban Single-Family
(SSF), Urban Two-Family (UTF), Urban Multifamily (UMF) and Suburban
Multifamily (SMF) Zoning Districts.
(7)
Sites which are in close proximity to significant historic sites
and/or important preservation/conservation areas.
C.
Any request by the Village for information or technical analysis
on a preferred alternate site shall be provided by the applicant at
its sole cost and shall not unreasonably delay the application.
D.
Aesthetics. Telecommunications facilities shall be located and buffered
to the maximum extent that is practical and technologically feasible
to help ensure compatibility with surrounding land uses. In order
to minimize any adverse aesthetic effect on neighboring residences
to the extent possible, the Village of Johnson City Planning Board
may impose reasonable conditions on the applicant, including, but
not limited to, the following:
(1)
Tower height, including antennas, and design are matters of primary
public concern. The Board may require a monopole or guyed tower (if
sufficient land is available to the applicant) instead of a freestanding
tower. Monopoles are a preferred design. The Board may impose reasonable
restrictions and/or conditions on height. For example, the Board may
reasonably determine that adverse impact upon the community will be
best mitigated by requiring the applicant to construct multiple towers
of lower height at several different locations to meet the applicant's
demonstrated service coverage requirement(s) or that the tower height
be reduced in the future if the applicant is unable to demonstrate
a continuing need for the approval height in light of changes in the
applicant's service coverage needs or technological advances.
(2)
The Board may require reasonable landscaping consisting of trees
or shrubs to screen the base of the tower and antennas and/or to screen
the tower and any accessory structure or buildings to the extent possible
from adjacent residential property. Existing on-site trees and vegetation
shall be preserved to the maximum extent possible.
(3)
The Board may require the applicant to show that it has made good-faith
efforts to collocate on existing towers or other available and appropriate
structures and/or to construct new towers near existing towers in
an effort to consolidate visual disturbances. However, such request
shall not unreasonably delay the application.
(4)
The type of finish, color and lighting shall be subject to Village
and/or Federal Aviation Administration (FAA) approval. The Village
may require lights to be shielded to minimize ground visual impact.
(5)
No tower shall contain any signs or advertising devices. Notwithstanding
the foregoing, the Board may require appropriate signage indicating
ownership of the facility and phone numbers to call in case of emergency.
(6)
The applicant must submit a copy of its policy regarding collocation
on the proposed tower with other potential future applicants. Such
policy should allow collocation under the following conditions:
(a)
The new antenna(s) and equipment do not exceed structural loading
requirements, interfere with Village space used or to be used by the
applicant or pose any technical or radio frequency interference with
existing equipment.
(b)
The party desiring to collocate pays the applicant an appropriate
and reasonable sum to collocate.
(c)
The party desiring to collocate has a similar policy of collocation
for the applicant.
(7)
All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the site unless otherwise permitted in the
zoning district in which the facility is located.
E.
Radio frequency; inspections.
(1)
The Village of Johnson City Planning Board shall impose a condition
on the applicant that the communications antenna will be operated
only at Federal Communication Commission (FCC) designated frequencies
and power levels and/or Environmental Protection Agency (EPA) technical
exposure limits and may periodically require that the applicant provide
competent documentation to support that maximum allowable frequencies,
power levels and exposure limits for radiation will not be exceeded.
(2)
Unless otherwise preempted by federal or state law, the telecommunications
facility shall be inspected every two years, at the applicant's
expense, for radio emissions, and a copy of the report shall be promptly
delivered to the Building Inspector. A licensed professional engineer
specializing in electrical engineering with expertise in radio communications
facilities shall perform radio emission inspections. The radio emission
inspection shall describe the power density levels of the electromagnetic
energy generated from the facility, including the cumulative effects
of collocated antennas. In the event that the radio emission inspection
indicates that the electromagnetic energy generated from the facility
is above the allowable limits stated with applicable FCC or ANSI standards
or other applicable federal or state guidelines in effect at the time
of inspection, the applicant shall cease all use of the facility until
such time as it proves, to the satisfaction of the Building Inspector
or pertinent Village consultant, that the power density levels of
the electromagnetic energy to be generated at the facility are below
the applicable standards.
F.
Traffic, access, and safety.
(1)
A road turnaround and one parking space shall be provided to assure
adequate year-round emergency and service access. Maximum use of existing
roads, public or private, shall be made. The use of public roadways
or road rights-of-way for the siting of a tower or antenna(s) accessory
structures is prohibited.
(2)
All towers and ground anchors, if applicable, shall be enclosed by
a fence not less than eight feet in height and otherwise sufficiently
protected from trespassing or vandalism.
(3)
The applicant must comply with all applicable state and federal regulations,
including, but not limited to, FAA and FCC regulations, and from time
to time may be required to provide certification of such compliance.
(4)
All towers and antennas shall include anticlimbing devices for a
minimum of 25 feet extending above ground level.
G.
Removal of tower.
(1)
The applicant shall agree to remove the tower and antenna if the
telecommunications facility becomes obsolete or ceases to be used
for its intended purpose for 12 consecutive months. The Village of
Johnson City Planning Board shall require the applicant to provide
an appropriate and adequate demolition bond for the purpose of removing
the telecommunications facility and restoration of the land in case
the applicant fails to do so as required above.
(2)
The sufficiency of the demolition bond shall be confirmed at least
every five years by analysis and report of the cost of removal and
property restoration, which is to be performed by a licensed professional
engineer, the cost of same to be borne by the applicant. If the said
analysis and report determines that the amount of the bond in force
is insufficient to cover the removal, disposal and restoration costs,
the bond shall be increased to the amount necessary to cover such
costs within 10 days of the applicant's receipt of such report.
H.
Structural safety.
(1)
During the application process and after construction of the tower,
the applicant shall provide a certification from a qualified licensed
professional engineer, certifying that the tower and antennas meet
applicable New York State and ANSI structural safety standards.
(2)
Unless otherwise preempted by federal or state law, the telecommunications
facility shall be inspected every two years, at the applicant's
expense, for structural integrity. A copy of the report shall be promptly
delivered to the Building Inspector. A licensed professional engineer
specializing in structural engineering shall perform the structural
inspection. The structural inspection report shall describe the structural
integrity of the facility, maintenance issues and repairs needed or
made, if any. In the event that the structural inspection indicates
structural deficiencies, then the deficiencies must be remedied within
the time reasonably set by the Building Inspector. Upon the applicant's
failure to do so, the permit may be revoked.
I.
Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair. The Village
may require that reasonable records of such maintenance be kept and
available for Village review upon request.
Exemptions are as follows:
A.
Towers and antenna(s) may be repaired and maintained without restriction.
B.
Antennas and satellite antennas used solely for residential household
television and radio reception.
C.
Satellite antennas measuring two meters or less in diameter and located
in commercial and industrial districts and satellite antennas one
meter or less in diameter regardless of location.
A.
In the event of any conflicts or inconsistencies between this chapter
and any other local law, including the Zoning Law, this article is
meant to control for telecommunications towers and similar facilities
in the Village unless otherwise specifically referenced in this article.
B.
In the event that there is a change in technology that alters the
use of the telecommunications facilities cited pursuant to this chapter,
the Village reserves the right to require a new application to be
submitted, which complies with the above requisites, from all owners
of such telecommunications facilities.
