A. Any validly issued WTF permit granted hereunder shall be effective for a period of exactly ten years from the date of original issuance notwithstanding any subsequent minor modifications, except where a shorter term is authorized by Cal. Gov. Code Section 65964(b) as may be amended or replaced. Any renewal application must be tendered to the city manager between three hundred sixty-five days and one hundred eighty days prior to the expiration of the current WTF permit, and shall be accompanied by all required fees and deposits for a new WTF application as then in effect.

B. As a condition of every permit issued pursuant to this chapter, the city manager may establish a reasonable construction build-out period for a WTF.

C. The WTF permit holder shall also comply with Chapter 12.06 and all other requirements of this code.

D. The WTF permit holder shall obtain and maintain all other applicable permits, approvals, and agreements necessary to install and operate the WTF in conformance with federal, state, and local laws, rules, and regulations.

E. The town may inspect permitted facilities and property and may enter onto a site to inspect facilities upon reasonable notice to the WTF permit holder. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the town reserves the right to enter upon the site of the WTF and to support, disable, or remove those elements of the WTF posing an immediate threat to public health and safety.

F. The WTF permit holder shall maintain on file with the town and on site at the WTF contact information of all parties responsible for maintenance of the WTF.

G. The WTF permit holder and, if applicable, the private property owner shall defend, indemnify and hold harmless the town of Atherton, its agents, officers, officials, and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the town’s approval of the WTF permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the WTF permit holder or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors (subsections (G)(1) and (2) of this section collectively are “actions”). Further, WTF permit holders shall be strictly liable for interference caused by their WTFs with the town’s communications systems. The WTF permit holder shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third-party claims against the town attributable to the interference (“claims”). In the event the town becomes aware of any such actions or claims the town shall promptly notify the WTF permit holder and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the town shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the town’s defense, and the property owner and/or WTF permit holder (as applicable) shall reimburse town for any costs and expenses directly and necessarily incurred by the town in the course of the defense.

H. A permit may be terminated if the town determines that the permit was granted based on false, misleading or incomplete information; if a material provision of the permit is no longer enforceable; or if the permit holder violates a condition of the permit, or modifies the WTF or support structures without permission.

I. The WTF permit holder shall file with the town, and shall maintain in good standing throughout the term of the WTF permit, a performance bond or other surety or another form of security for the removal of the WTF in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred fifteen percent of the cost of physically removing the WTF and all related facilities and equipment on the site. The WTF permit holder shall reimburse the town for staff time associated with the processing and tracking of the bond, based on established hourly rates. Reimbursement shall be paid when the security is posted.

J. The WTF permit holder shall make a good faith effort to minimize project-related disruptions to adjacent properties. Site improvement and construction work, including set-up, loading or unloading of materials or equipment, performed as part of this project are subject to the provisions of Section 8.16.050. Emergency maintenance and repairs are exempt from the restricted hours. Violation of this condition may result in issuance of a stop work order or administrative citations. (Ord. 613 (part), 2015; Ord. 612 (part), 2015)