A. Within thirty days after installation of a WTF, the applicant shall demonstrate to the city manager that its WTF—as constructed and normally operating—fully complies with the conditions of the permit, including height restrictions, and applicable safety codes, including structural engineering codes. The demonstration shall be provided in writing to the city manager containing all technical details to demonstrate such compliance, and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the applicant and reviewed by the town at the sole expense of the applicant, which shall promptly reimburse the town for its review expenses. The city manager may require additional proofs of RF emission compliance as part of the application process and on an ongoing basis to the extent the town may do so consistent with federal law.

B. If the report required in subsection A of this section shows that the WTF does not so comply, the permit shall be deemed suspended, and all rights thereunder of no force and effect, until the applicant demonstrates to the town’s satisfaction that the WTF is compliant. Applicant shall promptly reimburse the town for its compliance review expenses.

C. If the initial report required by this section is not submitted within the time required, the city manager or his or her selected and qualified professionals may, but are not required to, undertake such investigations as are necessary to prepare the report described in subsection A of this section. Applicant shall, within five days after receiving written notice from the city manager that the town is undertaking the review, deposit such additional funds with the city manager to cover the estimated cost of the town obtaining the report. Once the town obtains this report, the town shall then timely refund any unexpended portion of the applicant’s deposit. A copy of the report shall be provided to the applicant. If the report shows that the applicant is non-compliant, the town may suspend the permit until the applicant demonstrates to the town’s satisfaction that the WTF is compliant. During the suspension period, the applicant shall be allowed to activate the WTF for short periods, not to exceed one hundred twenty minutes during any twenty-four-hour period, for the purpose of testing and adjusting the site to come into compliance.

D. If the WTF is not brought into compliance promptly, the town may revoke the permit and require removal of the WTF. (Ord. 613 (part), 2015; Ord. 612 (part), 2015)