No entity may construct, operate or continue to operate a wireless telecommunications system within the Town without having been issued a wireless telecommunications permit by the Zoning Administrator.[2]

Structure location permit fees shall be as set forth in the Town's Fee Schedule.[3]

The request fee shall be paid to the Zoning Administrator at the time of making application for a structure location permit. The annual structure location permit fee provided for in Subsection B above shall be paid to the Zoning Administrator annually on or before October 1 of each calendar year for the portion of the wireless telecommunications system within the Town right-of-way on January 1 of that year; a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a structure location permit. Such quarterly fees are due on January 1, April 1, July 1 and September 1.

Fees not paid within 10 days after the due date shall incur interest at the rate of 1 1/2% per month from the date due until paid.

The acceptance of any fee payment required hereunder by the Town shall not be construed as an acknowledgement that the payment paid is the correct amount due, nor shall such acceptance of payment be construed as release of any claim which the Town may have for additional sums due and payable.

Any wireless telecommunications permit or structure permit issued by the Town shall be a nonexclusive permit for the use of those areas within the Town specified in the wireless telecommunications permit or structure location permit.

Any wireless telecommunications permit or structure location permit issued by the Town shall continue in full force and effect so long as the permittee is in compliance with this chapter, all applicable federal, state and local ordinances and regulations, and the space occupied is not deemed to be needed by the Town for any other public purpose.

In the event any wireless telecommunications permit or structure location permit is revoked by the Town, the wireless telecommunications system shall, at the sole option of the Town, be removed within 30 days at the sole expense of the permittee.

A proposal for a new antenna or tower shall not be approved unless the Town finds that the telecommunications equipment planned for a proposed antenna cannot be accommodated on an existing or approved tower within a one-mile radius of the proposed location due to one or more of the following reasons:

Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height, and for at least one additional user if the tower is 60 feet to 100 feet in height. Towers must be designed to allow for future rearrangements of antennas upon the tower and to accept antennas mounted at varying heights. All towers shall be erected and constructed in such a manner as to comply with all applicable Town ordinances. All towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Towers shall not be illuminated by artificial means and shall not display strobe lights, except if such lighting is specifically required by federal Aviation Administration (FAA) or other state or federal authority. Any permittee seeking to operate a Wireless telecommunications systems shall provide the Town with a letter of intent signed by the tower owner committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet objectively reasonable terms and conditions for shared use.

Before commencing construction of a wireless telecommunications systems in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the Town, the permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate Town agencies, including, but not limited to, the Zoning Administrator. Applications for such approval shall be made in the form prescribed by the Town Engineer.

Upon obtaining such written approval, the permittee shall give the Town Engineer and any other appropriate agency written notice within a reasonable time for proposed construction, but in no event shall such notice be given less than 10 days before commencement of such construction, except for emergency repairs of existing lines and cables.

Any entity that submits a request for a wireless telecommunications permit in accordance herewith shall include therein proposed agreements for the use of existing towers and antennas, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed wireless telecommunications system.

It shall be unlawful for the permittee or any other person or entity to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without first obtaining approval to do so after proceeding in the manner described in Subsections A and B. Violation of this subsection shall subject the permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the Town.

The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the Town's standard specifications for streets and sidewalks and, shall at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury, or pay the fair market value of such property to its owner(s), or shall make such other repairs or restoration as outlined in the approved permit.

The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the Town because of street or other public excavation, construction, repair, regrading or grading, traffic conditions, installation of sewers, drains, water pipes, Town-owned power or signal lines, tracts, vacation or relocation of streets or any other type of construction or improvement of a public agency, or any type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit.

The permittee shall maintain all wires, conduits, cables or other real and personal property and facilities in good condition, order and repair. The permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsibility as shall comply with all rules and regulations issued by the Town Engineer governing the construction and installation of wireless telecommunications systems.

The permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the Town and shall furnish, as soon as they are available, two complete copies of such maps and records, including as-built drawings, to the Town Engineer.

The permittee shall comply with all rules and regulations issued by the Town Engineer governing the construction and installation of wireless telecommunications systems.[1]

The rights and privileges hereby granted are considered personal, and if the permittee sells, assigns, transfers, leases or pledges such rights or privileges, or both, in whole or in part, either directly or by operation of the law, then the Town shall have the right to terminate any and all permits issued hereunder for no other cause. The Town shall terminate such permits in writing, by certified mail, return receipt requested, to the permittee, and such termination shall be effective 60 days from said date of mailing. The rights and privileges hereby granted shall not be mortgaged or encumbered without the prior consent and approval of the Town given by written resolution.

In addition to the provisions of termination provided for in Subsection A, the Town shall have the right to terminate any and all permits issued hereunder upon any actual or pending change in, or transfer of, acquisition by any other party, or control of permittee. The word "control" as used in this context is not limited to major stockholders, but includes actual working control in whatever manner exercised. The permittee shall annually submit to the Town a list of all shareholders and a list of all officers and directors. By acceptance of the wireless telecommunications permit, the permittee specifically agrees that any violation of this section shall, at the Town's option, cause any and all permits granted the permittee under this section to be revoked.

Entities requesting a wireless telecommunications permit may be required by the Town to submit evidence of financial capability to construct and operate a wireless telecommunications system. Such evidence may include, but is not limited to, previous years' audited financial statements for the entity, individual financial statements of principals or investors, or such other financial information as the Town may desire.

The permittee shall provide the Town with a written statement from an independent certified public accountant within 120 days after the close of the calendar year that such certified public accountant has reviewed the books and records of the permittee as they related to any permits issued under this section and, based upon such review, the certified public accountant believes the payment received by the Town properly reflects the fee due to the Town with respect to this section. The Town shall have the right to reasonable inspection of the permittee's books and records during normal business hours.