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<br />Wireless Telecommunications Facilities Policy (City of Pleasanton) page 35 / 37 <br /> <br />Any nonconforming wireless facilities in existence at the time this policy becomes <br />effective must be brought into conformance with this policy in accordance with the <br />amortization schedule in this section. As used in this section, the “fair market value” will <br />be the construction costs listed on the building permit or application for the subject <br />wireless facility and the “minimum years” allowed will be measured from the date on which <br />this policy becomes effective. <br /> <br />Fair Market Value <br />on Effective Date <br />Minimum Years <br />Allowed <br />less than $50,000………………………………….5 <br />$50,000 to $500,000……………………………..10 <br />greater than $500,000…………………………...15 <br /> <br />The Director may grant a written extension to a date certain when the wireless facility <br />owner shows (i) a good faith effort to cure non-conformance; (ii) the application of this <br />section would violate applicable laws; or (iii) extreme economic hardship would result from <br />strict compliance with the amortization schedule. Any extension must be the minimum <br />time period necessary to avoid such extreme economic hardship. The Director may not <br />grant any permanent exemption from this section. <br /> <br />Nothing in this section is intended to limit any permit term to less than 10 years for any <br />permit granted on or after January 1, 2016. In the event that the amortization required in <br />this section would reduce the permit term to less than 10 years for any permit granted on <br />or after January 1, 2016, then the minimum years allowed will be automatically extended <br />by the difference between 10 years and the number of years since the City granted such <br />permit. Nothing in this section is intended or may be applied to prohibit any collocation or <br />modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless <br />facility is a legal nonconforming wireless facility. <br /> <br />Section 15. SPECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION <br /> <br />(a) Preface. The provisions in this Section 15 establish a procedure by which the City <br />may grant an exception to the standards in this policy but only to the extent <br />necessary to avoid conflict with applicable federal or state law. When the applicant <br />requests an exception, the approval authority shall consider the findings in Section <br />15(b) in addition to the findings required under Section 10(b). Each exception is <br />specific to the facts and circumstances in connection with each application. An <br />exception granted in one instance shall not be deemed to crea te a presumption or <br />expectation that an exception will be granted in any other instance. <br /> <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5