Common use of SFMTA Approval Required Clause in Contracts

SFMTA Approval Required. Licensee’s installation of Equipment on any Pole is subject to the prior approval of the SFMTA under a Pole License, as provided this Master License and the applicable Pole License. In determining whether to approve Licensee’s Application to install Equipment on any Pole, the SFMTA will consider: (a) whether the Pole has the strength to support the Equipment; (b) impacts to SFMTA transit operations; (c) aesthetic impacts of the Equipment, including but not limited to noise and visual clutter; (d) whether the SFMTA intends to utilize the Pole for transit purposes for the foreseeable future. To the extent that SFMTA has them, the SFMTA will provide to Licensee designs and engineering load calculations regarding pole(s) for which Licensee has submitted a Pole License application. Said documents and information will be provided for informational purposes only; the SFMTA does not warrant that said documents and information are complete or accurate. In reviewing a Pole License application, the SFMTA may consult with the San Francisco Planning Department. Licensee acknowledges and agrees that such consultation between the SFMTA and the Planning Department and any advice that the SFMTA may receive and/or follow provided by the Planning Department is not an exercise of regulatory (governmental police) power, but is advisory and intended to assist the SFMTA in assessing whether a proposed Equipment installation is appropriate for a given location.