The following standard conditions of approval apply to all permits issued under this chapter, except as otherwise provided in this chapter.
A. Permit term. Any validly issued conditional use permit or administrative wireless facilities permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly ten years and one day from the issuance date.
B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.
C. Inspections; emergencies. The town or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The town reserves the right to enter or to direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies, or when the facility threatens imminent harm to persons or property.
D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the planning department upon permittee’s receipt of the planning department’s written request, except in an emergency as determined by the town, when all contact information for responsible parties shall be immediately provided to the planning manager upon verbal request.
E. Indemnities. The permittee and, if applicable, the non-government owner of the private property upon which the facility is located shall defend, indemnify and hold harmless the town, its agents, officers, officials, and employees (i) 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 permit, and (ii) 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 permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. If the town becomes aware of any such actions or claims, the town shall promptly notify the permittee 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 permittee (as applicable) shall reimburse the town for any costs and expenses directly and necessarily incurred by the town in the course of the defense.
F. Interference with public safety radio services. If the town finds reason to believe that permittee’s radio communications operations are causing interference with the town’s radio communications operations, then the permittee shall, at its cost, immediately cooperate with the town to either rule-out permittee as the interference source or eliminate the interference. Cooperation with the town may include, but shall not be limited to, temporarily switching the transmission equipment on and off for intermittent testing.
G. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.
H. General maintenance. The site and the facility, including, but not limited to, all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
I. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee in accordance with chapter 11-3 of this code.
J. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.
K. Optional completion time limit. As a condition of approval, the approval authority may establish a reasonable time limit for completion of the approved facility.
L. Section 6409(a) modifications. In addition to all applicable standard conditions of approval required under this section, any section 6409(a) permit granted by the planning manager or deemed granted by the operation of law includes the following conditions of approval:
1. No permit term extension. The town’s grant or grant by operation of law of a section 6409(a) permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. The town’s grant or grant by operation of law of a section 6409(a) permit will not extend the permit term for any conditional use permit, administrative wireless facilities permit, or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
2. Accelerated permit terms due to invalidation. If any court of competent jurisdiction invalidates any portion of section 6409(a) or any FCC rule that interprets section 6409(a) such that federal law would not mandate approval for any section 6409(a) modification, the permit or permits issued in connection with a section 6409(a) modification(s) shall automatically expire one year from the effective date of the judicial order. A permittee shall be required to remove its improvements approved under the invalidated section 6409(a) permit unless it has submitted an application for either a conditional use permit or an administrative wireless facilities permit for those improvements before the one-year period ends. The planning manager may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.
3. No waiver of standing. The town’s grant or grant by operation of law of a section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the town to challenge section 6409(a), any FCC rules that interpret section 6409(a), or any section 6409(a) modification.
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraphs D, L, and L.2