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<br />Eligible Facilities Requests Policy (City of Pleasanton) page 17 / 26 <br />(9) Site Maintenance. The permittee shall keep the site, which includes without <br />limitation any and all improvements, equipment, structures, access routes, <br />fences, hardscape and landscape features, in a neat, clean, safe and code <br />compliant condition in accordance with the Approved Plans and all conditions <br />in this EFR Approval. The permittee shall keep the site area free from all litter <br />and debris at all times. The permittee shall regularly inspect the site to <br />determine whether any maintenance is needed. The permittee shall perform <br />any maintenance requested by the City for compliance with this condition within <br />a reasonable time specified by the Director in a written notice to t he permittee. <br />Routine maintenance within residential zones shall be restricted to the City’s <br />normal construction work hours specified in the Municipal Code. The permittee, <br />at no cost to the City, shall remove and remediate any graffiti or other vandalism <br />at the site within 24 hours after the permittee receives notice or otherwise <br />becomes aware that such graffiti or other vandalism occurred. <br /> <br />(10) Landscape Features. The permittee shall replace any landscape features <br />damaged or displaced by the construction, installation, operation, maintenance <br />or other work performed by the permittee or at the permittee’s direction on or <br />about the site. If any trees are damaged or displaced, the permittee shall hire <br />and pay for a licensed arborist to select, plant and maintain replacement <br />landscaping in an appropriate location for the species. Any replacement tree <br />must be substantially the same size as the damaged tree or as otherwise <br />approved by the City. The permittee shall, at all times, be responsible to <br />maintain any replacement landscape features. <br /> <br />(11) Compliance with Applicable Laws. The permittee shall maintain compliance <br />at all times with all federal, state and local statutes, regulations, orders or other <br />rules that carry the force of law (“Laws”) applicable to the permittee, the subject <br />property, the wireless facility or any use or activities in connection with the use <br />authorized in this EFR Approval, which includes without limitation any Laws <br />applicable to human exposure to RF emissions and any standards, <br />specifications or other requirements identified by the Director (such as, without <br />limitation, those requirements affixed to an encroachment permit). If the <br />Director finds good cause to believe that the wireless facility is not in <br />compliance with any Laws applicable to human exposure to RF emissions, the <br />Director may (A) require the permittee to submit a written report certified by a <br />qualified radio frequency engineer familiar with the wireless facility that certifies <br />that the wireless facility is in compliance with all such Laws; or (B) require that <br />a field test to measure the RF exposure levels be conducted by an independent <br />consultant. Any field measurement tests conducted by the City or its <br />independent consultant shall be at random times without prior notice to the <br />permittee or site operator. The Director shall require an onsite compliance test <br />in situations where applicable Laws would authorize the City to require such <br />testing at the permittee’s expense. The Director may order the facility to be <br />immediately powered down if, based on objective evidence, the Director finds <br />that the wireless facility is in fact not in compliance with any Laws applicable , <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5