(A) Time of application. A permittee may apply for extensions of its WTFP in increments of no more than ten years and no sooner than 180 days (six months) prior to expiration of the permit. Any request for an extension that is filed less than 180 days (six months) prior to expiration shall require a new permit in accordance with the application and procedural requirements of the then-current requirements of this code.
(B) Application requirements. In addition to all other requirements of this section, the permittee’s application for extension shall include proof that the permittee continues to have the legal authority to occupy and use the PROW for the purpose set forth in its WTFP, that the facility site as it exists at the time of the extension application is in full compliance with all applicable city permits issued for the site, and shall be accompanied by an affidavit and supporting documentation that the facility is in compliance with all applicable FCC and other governmental regulations. At the Director’s discretion, additional studies and information may be required of the applicant. Grounds for non-renewal of the WTFP shall include, but are not limited to, the permittee’s failure to submit the affidavit or proof of legal authority to occupy or use the PROW. The burden is on the permittee to demonstrate that the facility complies with all requirements for an extension.
(C) Director decision. If a WTFP has not expired at the time a timely application is made for an extension, the Director may administratively extend the term of the WTFP for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, all provisions set forth in division (B), above, and any other applicable provisions of this code that are in effect at the time the permit extension is granted. The Director’s decision shall be issued in the form of a written determination letter in accordance with § 12.52.060(A). The Director’s decision on an application for the extension of a WTFP shall be final and conclusive and not be appealable to the City Council.
(Ord. 2021-09 § 5 (part), 2021)