12.05.040 Permit required—Estimated deposits—Pre-application meetings.
A. A WTF may not be installed or modified without a permit, unless specifically excepted herein. Removal of a WTF does not require a permit under this chapter, but removal must be performed in strict compliance with this chapter.
B. A permit shall not be issued unless:
1. The applicant shows that it has the necessary permission to place the WTF as proposed on private property or public property that it proposes to occupy (including the authority to make modifications to any support structure or wireless tower associated with the installation or modification); and
2. In the case of a WTF in the rights-of-way, the applicant holds a franchise, license or similar authorization from the town or the state that entitles it to occupy the rights-of-way to install or modify a WTF.
C. A permit shall not be effective and shall not authorize installation or modification of any WTF or installation or modification of a support structure or wireless tower unless the conditions of this subsection are satisfied:
1. Applicant must obtain all other required permits, authorizations, approvals or declarations that may be required for installation or modification of the WTF or for installation or modification of the support structure under federal, state or local law, including but not limited to building permits, CEQA declarations, or FCC approvals. A WTF permit is not in lieu of any other permit required under the town code, except as specifically provided herein, nor is it a franchise, license or other authorization to occupy the rights-of-way, or a license, lease or agreement authorizing occupancy of any other private or public property. It does not create a vested right in occupying any particular location, and a permittee may be required to move and remove facilities at its expense consistent with other provisions of applicable law.
2. Applicant must provide proof to the town that it has obtained all insurance and/or security required by the town, and must pay all fees owed to the town.
D. A permit issued in error, based on incomplete or false information submitted by an applicant, or that conflicts with the provisions of this chapter is not valid.
E. The WTF applicant shall submit an application as specified by the town together with a deposit, estimated by the city manager, to cover the town’s application processing costs.
F. Where the tendered deposit has been consumed in the processing of the application, the city manager may require the applicant to promptly tender additional deposit(s).
G. The WTF applicant shall also deposit with the town the amount estimated to pay for any compliance report required under Section 12.05.100.
H. If required by the city manager the applicant shall deposit with the town funds sufficient to reimburse the town for third-party review of an application, and any supplemental deposit required by the city manager for the completion of the third-party review of the application and/or the third-party reviewer providing testimony before the town regarding the application.
I. Upon the approval, denial, or termination of the WTF application any unexpended portion of the deposits shall be returned to the applicant. If the deposits did not cover the town’s costs, the town will charge the WTF applicant therefor, and in the event of an approval of the WTF the town shall not issue the permit until such charge is fully paid.
J. Two pre-application meetings with town staff are recommended for WTFs. The first meeting should take place at the earliest stage of site location research and should include a service area map and description of the type of WTF sought. The second meeting should take place after the site is selected and should include a preliminary site plan and visual impact drawings. These meetings are voluntary. (Ord. 613 (part), 2015; Ord. 612 (part), 2015)