6-4-13: INDEPENDENT RF TECHNICAL AND LEGAL REVIEW:
Although the Town intends for Town staff to review applications to the extent feasible, the Town may retain the services of an independent consultant and attorney of its choice to provide technical and legal evaluations of permit applications. The consultant shall have recognized qualifications in the field of radio frequency engineering and the attorney in the field of wireless communication facilities regulations and approval processes. The review may include, but is not limited to (a) the accuracy and completeness of the items submitted with the application; (b) the applicability of analysis and techniques and methodologies proposed by the applicant; (c) the validity of conclusions reached by the applicant; and (d) whether the proposed small wireless facilities comply with the applicable approval criteria set forth in this chapter. The applicant shall pay the cost for any independent consultant and attorneys' fees through a deposit, estimated by the Town, within ten (10) business days of the Town's request. When the Town requests such payment, the application shall be deemed incomplete for purposes of application processing time lines until the deposit is received. In the event that such costs and fees do not exceed the deposit amount, the Town shall refund any unused portion within thirty (30) days after the final permit is released or, if no final permit is released, within thirty (30) days after the Town receives a written request from the applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the difference to the Town before the permit is issued. The consultant and attorney shall provide an itemized description of the services provided and related fees and costs. The fees shall be limited to a reasonable approximation of costs and the costs shall be reasonable. (Ord. 2019-002, 5-7-2019)