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<br /> <br />Small Wireless Facilities Policy (City of Pleasanton) page 36 / 47 <br />obligation to comply in all respects with all applicable provisions in this policy, <br />the Municipal Code, any permit, any permit condition or any applicable Laws. <br /> <br />(13) Adverse Impacts on Other Properties. The permittee shall use all reasonable <br />efforts to avoid any and all unreasonable, undue or unnecessary adverse <br />impacts on nearby properties that may arise from the permittee’s or its <br />authorized personnel’s construction, installation, operation, modificatio n, <br />maintenance, repair, removal and/or other activities on or about the site and/or <br />small wireless facility. The permittee shall not perform or cause others to <br />perform any construction, installation, operation, modification, maintenance, <br />repair, removal or other work that involves heavy equipment or machines <br />except during the City’s normal construction work hours authorized by the <br />Municipal Code or as may be specified in other permits authorizing such work. <br />The restricted work hours in this condition will not prohibit any work required to <br />prevent an actual, immediate harm to property or persons, or any work during <br />an emergency declared by the City or other state or federal government agency <br />or official with authority to declare an emergency within the City. The Director <br />may issue a stop work order for any activities that violates this condition in <br />whole or in part. If the Director finds good cause to believe that ambient noise <br />from a small wireless facility or related equipment violates applicable provisions <br />in this policy or the Municipal Code, the Director, in addition to any other actions <br />or remedies authorized by the permit, this policy, the Municipal Code or other <br />applicable Laws, may require the permittee to commission a noise study by a <br />qualified professional to evaluate the small wireless facility’s compliance. The <br />permittee shall, at its sole cost and expense, repair and re store any and all <br />damages to public and private properties that result from any activities <br />performed in connection with the installation or maintenance of a small wireless <br />facility. The permittee shall restore such areas, structures and systems to the <br />condition in which they existed prior to the installation or maintenance that <br />necessitated the repairs. If the permittee fails to complete such repair within the <br />number of days stated on a written notice by the Director, the City may (but <br />shall not have the obligation to) cause such repair to be completed at <br />permittee’s sole cost and expense. <br /> <br />(14) Annual Affirmation of Radio Frequency Standards Compliance. On or <br />before January 30th in each calendar year, the permittee acknowledges and <br />agrees that the permittee shall submit: (A) an affirmation, signed by an RF <br />engineer familiar with the then-current equipment deployed and operated at the <br />small wireless facility under penalty of perjury, that the installation is operated <br />in compliance with 47 U.S.C. § 324; (B) an affirmation, signed by an RF <br />engineer familiar with the then-current equipment deployed and operated at the <br />small wireless facility under penalty of perjury, that the installation complies <br />with all applicable FCC rules and regulations for human exposure to RF <br />emissions and will not cause members of the general public to be exposed to <br />RF levels that exceed the maximum permission exposure levels deemed s afe <br />by the FCC; and (C) a copy of the fully completed FCC form “A Local <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5