Sec. 36-38. Same—Processing of applications.

   (a)   Each application subject to section 36-37 shall be accompanied by a fee, which shall be set forth in the town's schedule of charges and fees. A copy of the current fee schedule shall be maintained by the director and made available for inspection upon request. Any application which is not accompanied by a fee in the proper amount may be considered incomplete.

   (b)   The director shall review the fee, plans, specifications and other project data accompanying an application, and shall determine if the application and accompanying material are complete and in a form acceptable to the director. The director shall acknowledge receipt of a complete application.

   (c)   The director shall take final action on all permit applications not later than 90 days following receipt of a complete application; however, no permit shall be issued until final approval has also been given by the town engineering department or town council for any related development plan. All permits issued shall be in writing; provided, however, in the event construction has not begun pursuant to an issued permit within one year of the date of the permit, the permit shall expire and a new permit must be applied for and obtained by the applicant in accordance with sections 36-37 through 36-41. Construction and operation shall strictly conform to the permit requirements. A permit may contain such conditions as the director determines to be reasonably necessary, considering the factors on which final action on a permit can be based. Final action on any permit shall be based upon the design, capacity and manner of operation of the appropriate town water system, sanitary sewer system, or reclaimed water system; effectuating the purposes of all applicable rules, regulations, statutes and ordinances of the town, the state, and the United States of America; and on the town standards and town requirements.

   (d)   If the application is not complete, the application shall be returned to the applicant. The director shall advise the applicant in writing:

   (1)   How the application can be modified to make it complete and acceptable; and

   (2)   That the time for the director to take final action on an application does not begin until receipt of a complete, corrected application.

   (e)   Any permit issued by the director, pursuant to sections 36-37 through 36-41, is subject to revocation, suspension, or modification, in whole or in part, upon 14 days' written notice to the applicant by the director for good cause, including, but not limited to:

   (1)   Violation of any terms or conditions of sections 36-37 through 36-41 or the permit;

   (2)   Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;

   (3)   Refusal of or by the permittee or its contractors, agents or employees to allow authorized officers, employees or agents of the town, upon presentation of credentials, to inspect or observe any activity, system, or other work required by the permittee's permit.

(Code 1982, § 19-26; Ord. No. 95-021, 6-22-1995; Ord. No. 04-010, § 19-26, 9-9-2004)