(A) Between 12 months and six months prior to the five-year anniversary date after the effect date of the special use permit and all subsequent five-year anniversaries of the effective date of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such wireless telecommunication facilities shall submit a signed written request to the town for re-certification. In the written request for re-certification, the holder of such special use permit shall note the following:
(1) The name of the holder of the special use permit for the wireless telecommunications facilities;
(2) If applicable, the number or title of the special use permit;
(3) The date of the original grant of the special use permit;
(4) Whether the wireless telecommunications facilities have been moved, re-located, rebuilt or otherwise visibly modified since the issuance of the special use permit and if so, in what manner;
(5) If the wireless telecommunications facilities have been moved, re-located, rebuilt or otherwise visibly modified, then whether the town approved such action, and under what terms and conditions, and whether those terms and conditions were complied with;
(6) That the wireless telecommunications facilities are in compliance with the special use permit and compliance with all applicable codes, laws, rules and regulations; and
(7) Re-certification that the tower and attachments both are designed and constructed and continue to meet all municipal, county, state and federal structural requirements for loads, including wind and ice loads. Such re-certification shall be by a professional engineer licensed in the state, the cost of which shall be borne by the applicant.
(B) If, after such review, the town determines that the permitted wireless telecommunications facilities are in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the town issue a re-certification of the special use permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon, or that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facilities are not in compliance with the special use permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the town may refuse to issue a re- certification special use permit for the wireless telecommunications facilities, and in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of the decision by the town until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in a written record and shall be promptly provided to the owner of the facility.
(C) If the applicant has submitted all of the information requested and required by this subchapter, and if the review is not completed, as noted in division (B) above, prior to the five-year anniversary date of the special use permit, or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special use permit for up to six months, in order for the completion of the review.
(D) If the holder of a special use permit for wireless telecommunications facilities does not submit a request for re-certification of such special use permit within the time frame noted in division (A) above, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent five-year anniversaries, unless the holder of the special use permit adequately demonstrates that extenuating circumstances prevented a timely re-certification request. If the town agrees that there were legitimately extenuating circumstances, then the holder of the special use permit may submit a late re-certification request or application for a new special use permit.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)