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6.H. - Page 19 of 26 <br />(a) Findings Required for Approval. <br />(1) Except for eligible facilities requests, the City Engineer or his or her designee or the <br />City Manager or his or her designee, as the case may be, shall approve an application <br />if, on the basis of the application and other materials or evidence provided in review <br />thereof, it finds the following: <br />(i) The facility is not detrimental to the public health, safety, or welfare; <br />(ii) The facility complies with this Article and all applicable design, aesthetic, and <br />development standards; <br />(iii)The facility meets applicable requirements and standards of state and federal law; <br />and <br />(iv)The facility meets all other standards for use of City -owned property set out in the <br />City Code. <br />(2) For eligible facilities requests, the City Engineer or his or her designee or the City <br />Manager or his or her designee, as the case may be, shall approve an application if, <br />on the basis of the application and other materials or evidence provided in review <br />thereof, it finds the following: <br />(i) That the application qualifies as an eligible facilities request; and <br />(ii) That the proposed facility will comply with all generally -applicable laws. <br />(b) Decisions. Decisions to deny an application by the City Engineer or the City Manager or <br />his or her designee, as the case may be, shall be in writing and include the reasons for the <br />decision. <br />(c) Independent Consultants. The City Engineer, the City Manager, and their designees are <br />authorized, in their discretion, to select and retain independent consultant(s) with expertise in <br />telecommunications in connection with the review of any application under this Article. Such <br />independent consultant review may be retained on any issue that involves specialized or expert <br />knowledge in connection with an application, including, but not limited to, application <br />completeness or accuracy, structural engineering analysis, or compliance with FCC radio <br />frequency emissions standards. <br />Sec. 29.108. - TERMS AND CONDITIONS: <br />(a) Generally. In addition to any supplemental conditions imposed by the City Engineer or <br />the City Manager or his or her designee, as the case may be, all permits granted pursuant to <br />this Article shall be subject to the terms and conditions established in Chapter 29, Article II, <br />as well as the following terms and conditions, unless modified by the approving authority. <br />(1) Code Compliance. The permittee shall at all times maintain compliance with all <br />applicable federal, state and local laws, regulations and other rules, including, without <br />limitation, those applying to use of public rights-of-way. <br />(2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten <br />(10) years, unless pursuant to another provision of the Code or these conditions, it <br />expires sooner or is terminated. At the end of ten (10) years from the date of issuance, <br />such Permit shall automatically expire, unless an extension or renewal has been <br />granted. A person holding a wireless encroachment permit must either (1) remove the <br />facility within thirty (30) days following the permit's expiration (provided that <br />removal of support structure owned by City, a utility, or another entity authorized to <br />maintain a support structure in the right of way need not be removed, but must be <br />REV: 12-12-18 VR <br />Page 7 of 11 <br />385 <br />