(1) Prohibitions.
(a) No communications services facilities or other communications facilities shall be installed in the city’s rights-of-way without a right-of-way utilization permit.
(b) Wireless facilities, other than small wireless facilities and micro wireless facilities, are prohibited within the public rights-of-way.
(c) To comply with clear zone requirements and the safe operation of traffic control, no wireless facilities or other communications facilities shall be closer than eight (8) feet from the street curb or edge of pavement if no curb is present.
(d) Wireless facilities are prohibited within the public rights-of-way of roadways and railways under the jurisdiction and control of the Florida Department of Transportation, unless approved by the city, as provided in any agreement between the city and the Florida Department of Transportation.
(e) Wireless facilities are prohibited on arms used to support or mount traffic control signals and warning signals, and on arms attached to utility poles.
(f) Wireless facilities are prohibited in the rights-of-way of any geographic area approved as an historic district either by the city, the State of Florida, or listed on the National Register of Historic Places that were adopted by ordinance on or before April 1, 2017, unless:
1. The city’s Historic Preservation Board recommends approval of the method to deploy the wireless facilities in stealth so as not to detract from contributing historic structures and the ambiance of the district; and
2. The city accepts the recommendation and approves of the application.
(g) Wireless facilities are prohibited on utility poles or similar structures fifteen (15) feet or less in height, unless incorporated into and hidden in the pole under a top-mounted street light.
(h) Wireless facilities may not block or interfere with the view of signs of commercial businesses or street signs.
(i) Wireless facilities, excluding micro wireless facilities, shall not be suspended on cables strung between existing utility poles in the city.
(2) The applicant, or the applicant’s successor, must agree to remove the wireless facilities at any time if warranted by public health or safety as determined by the city.
(3) Grounds for Denial. The city may deny a proposed collocation of a small wireless facility in the public rights-of-way if the applicant fails to comply with any provision of this chapter, or if the proposed collocation:
(a) Materially interferes with the safe operation of traffic control equipment;
(b) Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes;
(c) Materially interferes with compliance with the Americans with Disabilities Act, or similar federal or state standards and regulations regarding pedestrian access or movement;
(d) Materially fails to comply with the most current edition of the “Florida Department of Transportation Utility Accommodation Manual”; or
(e) Fails to comply with applicable codes.
(4) A registrant or an applicant shall at all times comply with and abide by all applicable provisions of state, federal and local law and city ordinances, codes and regulations in placing or maintaining a communications facility in public rights-of-way. The burden of proof shall at all times be on an applicant to establish compliance with requirements under this chapter and state and federal law.
(5) A registrant shall not place, commence to place or maintain a communications facility in public rights-of-way until all applicable permits, if any, have been issued by the city or other appropriate authority, except in the case of an emergency. No wireless facility shall operate unless the city has conducted a final inspection and issued a certificate of completion pursuant to the Florida Building Code as adopted and amended.
(a) The term Emergency shall mean a condition that affects the public’s health, safety or welfare, which includes an unplanned out-of-service condition of a preexisting service.
(b) Registrant shall provide prompt notice to the city of the placement or maintenance of a communications facility in public rights-of-way in the event of an emergency, and shall be required to obtain an after-the-fact permit within thirty (30) days, if a permit would have originally been required to perform the work undertaken in public rights-of-way in connection with the emergency.
(c) Registrant acknowledges that, as a condition of granting such permits, the city may impose reasonable rules or regulations governing the placement or maintenance of a communications facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit.
(d) Further, once the emergency is abated, the communications facility placed in the public right-of-way during the emergency shall be removed, unless permitted without the emergency as a basis.
(6) Application Review; Decisions; Time Frames; Permit Duration.
(a) Notification of Completeness. Within fourteen (14) days after receiving an application, the city shall determine and notify the applicant, by electronic mail to the email address provided in the application, as to whether the application is complete. If an application is deemed incomplete, the city shall specifically identify the missing information. An application is deemed complete if the city does not provide notification to the applicant within fourteen (14) days.
(b) Application Review Period. The city shall approve or deny an application within sixty (60) days after receipt of the complete application, or it is deemed approved in accordance with F.S. § 337.401. If the city does not use the thirty (30) day negotiation period provided in subsection (7), Alternative Collocations, the parties may mutually agree to extend the sixty (60) day application review period. The city shall grant or deny the application at the end of the extended period.
(c) Permit Duration. A right-of-way utilization permit issued pursuant to an approved application shall remain in effect for one (1) year unless extended by the city.
(d) Notification Procedure.
1. The city shall notify the applicant of approval or denial by electronic mail. The city shall approve a complete application unless it does not meet the applicable codes.
2. If the application is denied, the city will specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the city denies the application.
(e) Opportunity to Cure Deficiencies. The applicant may cure the deficiencies identified by the city and resubmit the application within thirty (30) days after notice of the denial is sent to the applicant. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed. The city shall approve or deny the revised application within thirty (30) days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial.
(f) Consolidated Applications. An applicant may file a consolidated application and receive a single permit for the collocation of up to thirty (30) small wireless facilities. If the application includes multiple small wireless facilities, the city may separately address small wireless facility collocations for which incomplete information has been received or which have been denied.
(7) Alternative Collocations.
(a) If an applicant seeks to place a wireless facility upon a city utility pole or seeks to install a new utility pole, the city may, within fourteen (14) days after the date that a wireless facility application is filed, request that the proposed location of the wireless facility be moved to another location in the right-of-way and placed on an alternative utility pole or support structure or may place a new utility pole, including for aesthetic or public safety reasons, or a location outside the right-of-way on city-owned structures or property in accordance with Section 25.1-4 . The city may offer an alternative location in the right-of-way for a wireless facility for health, safety, general welfare, or aesthetic reasons.
(b) The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for thirty (30) days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the city of such acceptance, and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the city of such non-agreement and the city shall grant or deny the original application within ninety (90) days after the date the application was filed.
(c) A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location shall be in writing and provided by electronic mail.
(8) Application Requirements.
(a) Except as otherwise provided herein, a permit to construct or install wireless facilities or other communications facilities in the public rights-of-way shall not be granted except upon administrative review and approval pursuant to the requirements of this chapter.
(b) As part of any permit application to place a new or replace an existing communications facility in public rights-of-way, the registrant shall provide the following:
1. Plans Submittal. For each proposed wireless facility location, submit plans, signed and sealed by a Florida-registered professional engineer, or prepared by a person who is exempt from such registration requirements as provided in F.S. § 471.003, showing:
a. The location of each proposed communications facility;
b. True-to-scale site plan depicting all physical improvements, including property lines within a forty (40) foot radius;
c. A graphical depiction of each proposed communications facility to be installed;
d. The size of each proposed communications facility;
e. The specifications for each communications facility; and
f. Existing utilities in the immediate vicinity.
2. The plans shall be in a hard copy format or an electronic format specified by the city, provided such electronic format is maintained by the registrant. Such plans in a format maintained by the registrant shall be provided at no cost to the city. The plans shall be in a digitized format, showing the two-dimensional location of the facilities, based on the city’s geographical database, or other format acceptable to the city. The city shall maintain the confidentiality of such plans and any other information provided in accordance with F.S. § 202.195, as it may be amended.
3. If the actual installation deviates or will deviate from the submitted plans due to unforeseen conditions or any other reason, the registrant shall promptly provide revised plans.
4. A description of the manner in which the facility will be installed (i.e., anticipated construction methods or techniques);
5. A description of the stealth design techniques proposed to minimize the visual impact of the wireless communications facility;
6. A traffic plan for maintenance of any disruption of the public rights-of-way;
7. Information on the ability of the public rights-of-way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons;
8. If appropriate given the facility proposed, an estimate of the cost of restoration to the public rights-of-way;
9. The timetable for construction of the project, or each phase thereof, and the areas of the city which will be affected;
10. A one-hundred-fifty-dollar ($150.00) collocation fee per wireless facility per year for attachments to an authority pole; and
11. Such additional information that the city finds reasonably necessary, with respect to the placement or maintenance of the communications facility that is the subject of the permit application, to review such permit application.
(9) Factors Considered in Granting Permit. In addition to any applicable requirements or standards imposed by this Code of Ordinances, the following factors shall be considered in determining whether to issue a permit to a registrant to place or maintain a communications facility within the public rights-of-way, consistent with the requirements of F.S. § 337.401(7).
(a) Height and dimensions of the proposed communications facility;
(b) Proximity of the communications facility to residential structures and residential district boundaries, and the uses on those properties;
(c) Surrounding topography, tree coverage and foliage;
(d) Compliance with the objective design standards set forth herein, with particular reference to design characteristics that have the effect of concealing, reducing, or eliminating visual obtrusiveness;
(e) Proposed ingress and egress (where applicable);
(f) The location context must be reasonable. Proximity to other structures within the rights-of-way cannot create a hazardous or safety condition;
(g) Proximity to and/or interference with other private or public uses within or outside the rights-of-way, including, but not limited to, utilities, easements, traffic control devices, and other uses;
(h) Suitability of the right-of-way, or the proposed section of the right-of-way, for the proposed communications facility, with reference to safety, engineering, and/or aesthetic concerns; and
(i) Any other requirements set forth in this chapter.
Based upon a review of these factors, the city may still utilize the alternative collocation process as provided in subsection (7) herein.
(10) Non-interference; Encouraged Technology; Additional Regulations.
(a) All communications facilities shall be placed and maintained so as not to interfere with the use of the public rights-of-way by the public, and with the rights and convenience of property owners who adjoin any of the public rights-of-way.
(b) All facilities shall be placed underground to the extent that similarly situated utilities (electric, communications, etc.) are so required. The registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its facility within the public rights-of-way. All facilities shall be placed underground to the extent not inconsistent with the rules of the Public Service Commission. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way, as well as joint trenching or the collocation of facilities in existing conduit, is strongly encouraged, and shall be employed wherever feasible. Notwithstanding the foregoing, small wireless facilities and micro wireless facilities and their associated support structures are exempt from this undergrounding requirement.
(c) The city may promulgate additional reasonable rules and regulations concerning the placement or maintenance of a communication facility in public rights-of-way consistent with this chapter and other applicable law.
(11) Requirements for Wireless and Communications Facilities. Wireless and communications facilities shall be placed in the public rights-of-way pursuant to the following requirements:
(a) Any aesthetic requirements and provisions of this chapter governing antennas shall apply to wireless and communications facilities located within the right-of-way,
(b) It is strongly encouraged that wireless and communications facilities be concealed and utilize stealth design, as defined by chapter. Such stealth design and concealment shall eliminate the need to locate any ground or elevated equipment on the exterior of a pole or other structure, in order to preserve and promote the unique aesthetic character of the city.
(c) In order to avoid the clustering of multiple items of approved ground equipment or elevated equipment in a single area, only one (1) equipment box may be located in any single wireless and communication facility location. Where an applicant demonstrates that undergrounding and stealth design and concealment goals cannot be employed under this subsection, and the city agrees with such demonstration, the individual, approved exterior equipment boxes or containment devices shall not exceed twenty-eight (28) cubic feet in volume, and the configuration and dimensions of such shall be the least visually obtrusive as possible. The use of foliage and vegetation or other concealment method around any approved equipment may be required by the city, based on conditions of the specific area where the equipment is to be located.
(d) Insofar as wireless facilities are constructed underground, the wireless infrastructure provider shall become a member of, and maintain membership in Florida utility notification one (1) call system. Wireless facilities shall have five (5) foot horizontal clearance from other underground utilities and their appurtenances, unless applicant can demonstrate compliance with all applicable codes and noninterference with existing underground facilities.
(12) Objective Design Standards.
(a) Wireless facilities shall meet the following reasonable location, context, color, stealth, and concealment requirements. Design standards may be waived if the city determines that the design standards are not reasonably compatible for the particular location of a wireless facility, or that the design standards impose excessive expense in relation to the aesthetic concerns of the city. The waiver shall be granted or denied within forty-five (45) days after the date of the request.
1. Any above-ground wireless facilities shall meet stealth design requirements.
2. Wireless facilities may increase the height of a metal street light pole only if the antenna is top-mounted and not wider than the pole, or if the antenna is hidden in a cylinder that appears like an original part of the pole. A cellular antenna shall not extend more than ten (10) feet above the utility pole or structure upon which the wireless facility is to be collocated.
3. A new utility pole that replaces an existing utility pole shall be of substantially similar design, material, and color as the existing utility pole, unless the existing pole is made of wood, which is no longer permitted.
4. The antennas and related equipment shall be in a color that will provide the most camouflage as determined by the city. Ground-based wireless facilities shall be painted forest green, unless determined otherwise by the city. When on a black pole, wireless facilities shall be painted black, unless determined otherwise by the city.
5. Wires serving the wireless facilities must be concealed within or flush-mounted to the pole on which the facilities are collocated, and insulated in accordance with applicable codes.
(b) Antennas placed upon structures within the rights-of-way must meet the following additional requirements if stealth design, concealment, and this chapter’s requirements regarding such cannot be met:
1. Top-mounted antennas and their enclosures must not extend more than one quarter of the diameter of the supporting structure, beyond edge of the supporting structure at the level of antenna attachment. Notwithstanding the foregoing, the city will permit the antenna and enclosure so long as they meet the volumetric requirements provided in state law; and
2. For public safety purposes, under no circumstances shall antennas be mounted less than twelve (12) feet above ground level.
3. Provide photographs and graphic or simulated renderings, as follows:
a. Photographs clearly showing the nature and location of the site where each wireless or other communications facility is proposed to be located, including photographs showing the location and the relationship of the communication facility to adjacent properties;
b. True-to-scale graphic depictions or simulated renderings accurately representing the visual impact of the wireless communications facilities when viewed from the street and from adjacent properties.
(c) Street light fixtures with stealth wireless facilities are encouraged to meet the following standards:
1. On street lights, luminaires and bases should be roughly equal in size and volume for a balanced appearance.
2. The decorative base of a street light should be between ten percent (10%) and twenty-five percent (25%) of the pole height.
3. The length of arms extending from the base should be between twenty percent (20%) and twenty-five percent (25%) of pole height.
4. Arms should extend from the pole at a location within twenty percent (20%) of pole height from the top of the pole.
5. Street light fixtures must meet AASHTO structural guidelines for roadway application and ANSI requirements for vibrations.
6. New or replacement poles that support wireless or communications facilities shall match the style, design, and color of the utility poles in the surrounding area.
(d) Size and Height Requirements. Pole height shall be measured from the ground to the top of the utility pole, which measurement shall include any antennas built into or appended to the utility pole. The size and height of new wireless or communications facilities in the rights-of-way shall be no greater than the maximum size and height of any other utility or light poles located in the same portion of the right-of-way within the city other than a utility pole for which a waiver has previously been granted, measured from grade in place within five hundred (500) feet of the proposed location of the small wireless facility. If there is no utility pole within five hundred (500) feet, the height of the utility pole shall be limited to fifty (50) feet; provided, however, that applicants proposing wireless or communications facilities with antennas to be located on existing poles or other structures may increase the height of the existing pole or other structure up to ten (10) feet, if necessary, to avoid adversely affecting existing pole attachments. Additionally, the overall height, above ground, of any wireless or communications facility shall not exceed forty (40) feet, or the existing height of other utility or light poles located in the same portion of the right-of-way, whichever height is less.
(e) Setback Requirements.
1. Wireless and communications facilities shall be located at least ten (10) feet from a driveway, at least ten (10) feet from the edge of existing trees twelve (12) inches or greater in diameter, at least twenty-five (25) feet from a traffic signal pole unless mounted upon such traffic signal pole, and at least fifteen (15) feet from any pedestrian ramp and eight (8) feet from the street curb. The city may require greater setbacks from these and other fixtures in the right-of-way, to ensure proper sight lines for public safety purposes, and in other cases as deemed necessary to advance the purposes of this article.
2. If the right-of-way is within or abuts a residential zoning district, wireless communication facilities must be located where the shared property line between two (2) residential parcels intersects the right-of-way, whenever possible, unless an unsafe condition, cluttered appearance, or other violation of this article would result.
3. If the right-of-way is within or abuts a nonresidential district, wireless facilities must be located between tenant spaces or adjoining properties where their shared property lines intersect the right-of-way, whenever possible, unless an unsafe condition, cluttered appearance, or other violation of this article would result.
(f) Waiver. The City Engineer may waive any requirement under this section if the city determines that such requirement is not reasonably compatible for the particular location of a small wireless facility, or that such requirement imposes an excessive expense, or where the waiver serves the intent or purposes of this chapter. The waiver shall be granted or denied within forty-five (45) days after the date of the request.
(13) New Structures; Availability of Alternatives. For the placement of any new utility poles, pole-type structures, or other freestanding structure associated with any communications facility, the city shall have the right to utilize the alternative collocation process as provided in subsection (7) of this section, and as provided in F.S. § 337.401(7).
(14) Limitations; No Property Right. A permit from the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way.
(15) Construction; Maintenance; Safety; Restoration and Inspection.
(a) A registrant shall maintain its communication facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law.
(b) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities.
(c) After the completion of any placement or maintenance of a communication facility in public rights-of-way, or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to at least its original condition before such work. If the registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the city may perform such restoration as it deems necessary and charge all costs of the restoration against the registrant in accordance with F.S. § 337.402, as it may be amended. For twelve (12) months following the original completion of the work, the registrant shall guarantee its restoration work and shall, at its own expense, correct any improper restoration work that does not satisfy the requirements of this chapter.
(d) In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. Ch. 556, as it may be amended.
(e) A registrant shall use and exercise due caution, care and skill in performing work in the public rights-of-way and shall take all reasonable steps to safeguard work site areas. The person constructing, installing, and maintaining wireless facilities must be a licensed electrician, certified to work as a lineworker, or successfully complete an accredited lineworker apprenticeship program.
(f) A registrant shall not place or maintain its communications facilities so as to interfere, displace, damage or destroy any utilities, including, but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person’s facilities lawfully occupying the public rights-of-way of the city.
(g) The city shall have the right to make such inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the city determines that a violation exists with respect to registrant’s placement or maintenance of facilities in the public rights-of- way that is not considered to be an emergency or danger to the public health, safety or welfare, the city will provide registrant at least three (3) days written notice, setting forth the violation and requesting correction.
(16) Modifications; Removal and Relocation; Antenna Co1locations.
(a) The grant of a permit under this chapter shall not limit the authority and discretion of the city to regulate and control the public rights-of-way, and the city may at any time require the removal or relocation of a communications facility within the rights-of-way in the interests of the public welfare, health, or safety, or as otherwise authorized by law. The wireless facilities provider must remove its wireless facilities within thirty (30) days of notice that the city will remove a utility pole.
(b) Removal or relocation at the direction of the city of a registrant's communications facility in public rights-of-way shall be governed by applicable requirements of F.S. §§ 337.403 and 337.404, as they may be amended, in addition to any other applicable city regulations or provisions of law. Unless otherwise provided by law, this City Code, or agreement, a registrant shall bear all costs of any removal or relocation of its facilities.
(c) Coordination of Work; Work Schedule. In the interest of the public’s health, safety and welfare, upon request of the city, and as notified by the city of the other work, construction, installation or repairs referenced below, a registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way. The city may require registrant to alter its placement or maintenance schedule as the city determines to be reasonably necessary so as to minimize disruptions and disturbance in the public rights-of-way. The city may provide a more definite time frame based on individual city construction or maintenance schedules.
(d) No Warranties; Vacation of Rights-of-way. The city makes no warranties or representations regarding the fitness, suitability, or availability of the city’s public rights-of-way, city-owned structures, and city-owned real property for the registrant’s communications facilities and any performance of work. Costs incurred by registrant or provision of services shall be at registrant’s sole risk. Nothing in this chapter shall affect the city’s authority to add to, vacate or abandon public rights-of-way, or add vehicular travel lanes. The city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities.
(e) Alteration of Rights-of-way; Other Work and Facilities in Rights-of-way.
1. The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant.
2. Registrant shall, if registrant so agrees, allow the city facilities to be collocated within the city’s public rights-of-way through the use of a joint trench during registrant’s construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between registrant and the city, and may be subjected to other city rights-of-way requirements.
3. The city further reserves, without limitation, the right to alter, change, or cause to be changed, the grading, installation,. relocation, or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time be altered.
4. A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its communications facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. If the city requests a temporary raising or lowering of a facility for a public purpose, the city shall not be charged for the temporary raising or lowering of the facility, subject to F.S. §§ 337.403 and 337.404.
(f) Replacement and Maintenance of Wireless Facilities.
1. The city shall not require approval or require fees or other charges for:
a. Routine maintenance;
b. Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or
c. Communications service provider authorized to occupy the rights-of-way and who is remitting taxes under F.S. Ch. 202: or
d. Installation, placement, or replacement of micro wireless facilities that are suspended on cable strung between existing utility poles in compliance with applicable codes, by or for a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under F.S. Ch. 202.
2. Notwithstanding this paragraph, for public safety the wireless provider must give reasonable notice to the City Engineer before undertaking the activities of replacement or maintenance, and a right-of-way permit shall be required for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane.
(g) Additional Authority; Permit Conditions. To the extent not otherwise prohibited by state or federal law and this chapter, the city shall have the power to prohibit or limit the placement of new or additional communications facilities within all or parts of the public rights-of-way. The city may impose reasonable conditions upon the grant of a permit, in addition to the specific requirements of this code, as deemed appropriate to advance the intent or purposes of this chapter.
(h) The approval of the installation, placement, maintenance, or operation of a small wireless facility or other wireless facility pursuant to this chapter does not authorize the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the right-of-way.
(i) Make-Ready Work for Collocation.
1. For a city utility pole that does not support an aerial facility used to provide communications services or electric service, the applicant seeking to collocate a small wireless facility shall provide a make-ready estimate, at the applicant’s expense, for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The city shall not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall remain the property of the city.
2. The city shall not require more make-ready work than is required to meet applicable codes or industry standards.
3. Fees for make-ready work shall not include costs related to preexisting damage or prior noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to communications service providers other than wireless services providers for similar work and shall not include any consultant fee or expense.
4. Fees for make-ready work must be paid to the city, even if they exceed the applicant’s estimate, before the wireless facilities may be operational.
(Ord. No. 01-29, § 8, 7-3-01; Ord. No. 18-005, § 2, 5-1-18)