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01/28/2019 (a) Findings Required for Approval. (1) Except for eligible facilities requests, the City Engineer or his or her designee or the City Manager or his or her designee, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) The facility is not detrimental to the public health, safety, or welfare; (ii) The facility complies with this Article and all applicable design, aesthetic, and development standards; (iii)The facility meets applicable requirements and standards of state and federal law; and (iv)The facility meets all other standards for use of City -owned property set out in the City Code. (2) For eligible facilities requests, the City Engineer or his or her designee or the City Manager or his or her designee, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) That the application qualifies as an eligible facilities request; and (ii) That the proposed facility will comply with all generally -applicable laws. (b) Decisions. Decisions on an application by the City Engineer or the City Manager or his or her designee, as the case may be, shall be in writing and include the reasons for the decision. (c) Independent Consultants. The City Engineer, the City Manager, and their designees are authorized, in their discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Article. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards. Sec. 29.108. - TERMS AND CONDITIONS: (a) Generally. In addition to any supplemental conditions imposed by the City Engineer or the City Manager or his or her designee, as the case may be, all permits granted pursuant to this Article shall be subject to the terms and conditions established in Chapter 29, Article II, as well as the following terms and conditions, unless modified by the approving authority. (1) Code Compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way. (2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten (10) years, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end of ten (10) years from the date of issuance, such Permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either (1) remove the facility within thirty (30) days following the permit's expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be ATTY/ORD.478/CC WIRELESS ORDINANCE EXH I BIT A REV: 12-12-18 VR Page 7 of 11 ORDINANCE NO. 2455 MUFF NO. 301