(A) Communications rights-of-way permit required. A communications services provider shall not commence to place or maintain a communications facility in public rights-of-way until all applicable permits, including, but not limited to, a communications rights-of-way permit, have been issued by the city or other appropriate authority, except in the case of an emergency, or as otherwise provided in division (I) below. 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 pre- existing service. The communications services provider shall provide prompt notice to the city of the placement or maintenance of a communications facility in the public rights-of- way in the event of an emergency and shall obtain an after-the-fact permit within 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. The communications services provider 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.
(B) Application requirements. Except as otherwise provided by applicable law, permit applications to place or maintain a communications system or facility in the public rights-of-way shall contain the following:
(1) Site plan. A site plan, in the form of signed and sealed plans from a Florida licensed professional engineer of record, or prepared by a person who is exempt from such registration requirements as provided in F.S. § 471.003 that show the location of the proposed facility, in a hard copy format and electronic format as specified by the City Engineer. The site plan shall also include:
(a) A description of the facilities to be installed, where the facilities are to be located, and the size, dimensions and height of the proposed facilities;
(b) Sufficient specificity as to demonstrate compliance with the Florida Building Code, specifically in terms of compliance with ASCE 7-10, or latest edition for requirements of wind load;
(c) For new communication facility poles, wireless support structures, or any excavation work, a geotechnical report for the existing soil conditions, or a soil statement by a Florida licensed professional engineer, attesting to the soil conditions.
(2) Description of installation or construction to include:
(a) A description of the type of facility and the manner in which the facility will be installed and/or modified (i.e. anticipated construction methods or techniques); and
(b) A description of stealth design to be utilized as detailed in §§ 97.14 and 97.16. Additionally, each application for a permit to place a communications facility pole or a wireless support structure in the public rights-of- way shall include photographs showing the location and condition of existing facilities within a 50-foot radius, and a description of the stealth design techniques proposed to minimize the visual impact of the communications facility pole or wireless support structure and graphic depictions accurately representing the visual impact of the communications facility pole or wireless support structure when viewed from the street and from adjacent properties.
(c) Alternatively, a signed and sealed statement from a Florida state licensed professional engineer that some type of reasonable camouflage required in §§ 97.14 and 97.16 cannot be utilized on any particular facility and documentation demonstrating to the satisfaction of the City Engineer that the proposed communications facility cannot employ reasonable camouflage and the proposed exterior location and configuration of equipment are the minimum equipment necessary to achieve the needed function, except where in violation of F.S. § 337.401(7)(r). For small wireless facilities, reasonable camouflage is described in §§ 97.14 and 97.16.
(3) A temporary sidewalk closure plan, if appropriate given the facility proposed, to accommodate placement or maintenance of the communications facility;
(4) A temporary traffic lane closure and management of traffic (MOT) plan, if appropriate, given the facility proposed, to accommodate installation and/or modification of the communications facility;
(5) Information, on the capacity of the public rights-of-way to accommodate the cumulative impact of (a) the proposed facility together with (b) other existing and proposed facilities in the adjacent public rights-of-way, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons). (If a wireless communication facility, only information necessary to avoid interference with existing at-grade or aerial facilities located at the proposed location.);
(6) Based on the facility proposed, a restoration plan and an estimate of the cost of restoration of the public rights-of- way;
(7) The timetable for placement or maintenance of the proposed facility or each phase of the placement or maintenance thereof;
(8) For project permits that involve multiple collocations or attachments to existing structures, repurposed structures or installation of multiple new wireless support structures, the applicant shall only be required to provide a structural certification by a Florida licensed professional engineer or by a person who is exempt from such registration requirements as provided in F.S. § 471.003 as to each type of facility, not for each facility proposed as part of the overall project. No such certification is required with respect to wireline pole attachment installations made in the communications space of utility poles;
(9) In order to assess the impacts on the public rights-of-way resources and the potential for collocations or use of repurposed structures, identification of all aerial and at grade communications facility poles and wireless support structures in the public rights- of-way within a 50-foot radius of the proposed new communications facility (such information may be produced without certification as to correctness to the extent obtained from other registrants with facilities in the public rights-of- way). No such identification is required with respect to wireline pole attachment installations made in the communications space of utility poles or for small wireless facilities;
(10) In order to assess the impacts on the public right-of-way resources, the impact on surrounding neighborhoods and other properties within the permit area, and the potential for collocations or use of existing structures, identification of all above-grade structures in the public right-of-way within a 50- foot radius of the proposed new communications facility (including utility poles, equipment boxes, above-grade communications service facilities and antennae) shall be provided (such information may be produced without certification as to correctness to the extent obtained from other registrants with facilities in the public rights-of-way), as necessary to avoid interference with other at-grade or aerial facilities located with 50 feet of the exact location of the small wireless facility. No such identification is required with respect to wireline pole attachment installations made in the communications space of utility poles or for small wireless facility installations;
(11) Affidavits.
(a) An application for collocation shall, if applicable, include a copy of the agreement with the structure owner showing that the applicant has permission from the owner of the facility or existing structure being collocated upon that the applicant has been granted permission to attach to the facility or existing structure.
(b) An application from a wireless infrastructure provider to place a new utility pole in the public rights-of-way to support the collocation of small wireless facilities shall include an attestation that small wireless facilities will be collocated on the utility pole or structure and will be used by a wireless services provider to provide service within nine months after the date the application is approved. The wireless infrastructure provider shall use its best efforts to individually notify all adjacent property owners affected by the proposed construction prior to the commencement of that work. Such notification shall not be required for emergencies requiring immediate repairs.
(c) An application for collocation of a small wireless facility on a new utility pole need not include a demonstration that collocation of a small wireless facility on an existing structure is not legally or technically possible, except as provided in F.S. § 337.401(7)(i)1 regarding undergrounding.
(12) Registrant agrees to indemnification. A statement shall be included within the application for a permit that by execution of the application and by applying for the permit, the registrant agrees to be bound to the city with respect to the indemnification provisions set forth in § 97.23 as though such indemnification provisions are set forth verbatim in the permit application;
(13) Additional information as reasonably required for review of permit application. Except for small wireless facilities, such additional information as the City Engineer 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, which information may include, but is not necessarily limited to: (a) evidence satisfactory to the City Engineer that the proposed facility will not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive or other dangerous chemicals; and (b) a written statement from a qualified radio frequency engineer that the construction and placement of the proposed facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent properties;
(14) Collocation application requirements. An applicant seeking to collocate small wireless facilities within the jurisdiction of the city may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of up to 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 are denied (F.S. § 337.401(7)(d)10). Applications involving the installation of a new (not replacement) utility pole are not eligible to be included in a consolidated application for collocations.
(C) Revised plans. If the plans or drawings submitted showing the proposed location for installation of the facility in the public rights- of-way require revision for any reason prior to commencing construction, the communications services provider shall promptly submit revised plans and drawings to the City Engineer.
(D) Communications services tax in lieu of permit fee. A registrant that places or maintains communications facilities in the public rights-of-way and that pays communications services taxes shall not be required to pay a permit fee since the city has elected to collect the communications services tax pursuant to F.S. Chapter 202, as may be amended from time to time. Pass-through providers shall pay a fee pursuant to F.S. § 337.401(5), as may be amended from time to time, and § 97.26.
(E) Factors considered in granting permit. In addition to any applicable requirements or standards imposed by this chapter, the city engineer shall consider the following factors in determining whether to issue a permit to a registrant for the placement or maintenance of a communications facility within the public rights-of-way:
(1) The sufficiency of space to accommodate all of the present and pending applications to place communications facilities and pending or planned applications to place and maintain facilities in that area of the public rights-of-way;
(2) The sufficiency of space to accommodate city plans for public improvements or projects adopted as part of its community investment capital improvements plan that the city determines in the best interest of the public;
(3) The impact on traffic and traffic safety;
(4) The proximity to and/or interference with other private or public uses within or outside the public rights-of-way, including, but not limited to, utilities, easements, traffic control devices, and other uses;
(6) Proposed ingress and egress (where applicable);
(7) Undergrounding as discussed in § 97.10.
(F) Permit review process. The city shall accept applications for permits and shall process and issue permits for the placement or maintenance of a communications system or facility in the public rights-of-way subject to the following requirements:
(1) Within 14 days after the date of receiving the 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 14 days.
(2) The alternative location negotiation process in this division (F) shall apply to applications for collocation (F.S. § 337.401(7)(d)).
(a) The city may not limit the placement of small wireless facilities, utility poles on which small wireless facilities are or will be collocated, or other at-grade communications facilities, by minimum separation distances. However, within 14 days after the date of filing the application for collocation, the city may request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative city utility pole or support structure or placed on a new utility pole.
1. The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request.
2. 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 nonagreement and the city must grant or deny the original application within 90 days after the date the application was filed.
3. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail (F.S. § 337.401(7)(d)4).
(b) In order for the application to be deemed granted, the application shall have demonstrated that it complies with the applicable codes and design standards, as well as the regulations for the placement and maintenance of new utility poles in the public rights-of-way, if applicable, and as negotiated between the parties.
(c) In addition to the alternatives described in this division, the city may request that the proposed collocation of a small wireless facility be moved to another location in the right-of-way and placed on an alternative non- city-owned existing utility pole, or suggest other solutions for an application. However, the application shall continue on the standard review timeframe described in § 97.05 unless the applicant requests or agrees to utilize the alternative location negotiation process provided in this section. Such a request or agreement must be in writing and provided to the city by electronic mail.
(3) If an applicant seeks to place or collocate a small wireless facility, the city may, within 14 days after the date of filing the application, request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative city utility pole or support structure or may place a new utility pole. The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 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 nonagreement and the city must grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail. If the city does not use the 30-day negotiation period provided herein regarding collocation alternatives, the parties may mutually agree to extend the 60-day application review period. The city shall grant or deny the application at the end of the extended period.
(4) Except as extended by the 30-day negotiation period provided in division (3) above, if the city fails to approve or deny a complete application within 60 days after receipt of the application, the application is deemed approved. The application review period may be extended upon mutual agreement by the parties.
(5) A permit issued pursuant to an approved application shall remain effective for one year unless extended by the city.
(6) 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 provisions of this chapter. If the application is denied, the city shall specify in writing the basis for denial, including the specific code provisions on which the denial is based, and shall send the documentation to the applicant by electronic mail on the day the city denies the application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days after notice of the denial is sent to the applicant. Failure by the applicant to timely resubmit the application shall result in a final denial of the application. The city shall approve or deny a timely filed revised application within 30 days after receipt or the application is deemed approved. Any subsequent review shall be limited to the deficiencies cited in the denial.
(G) Consolidated collocation application. An applicant seeking to collocate small wireless facilities within the city's boundaries may, at the applicant's discretion, file a consolidated application with the city and receive a single permit for the collocation of up to 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 are denied.
(H) Denial of collocation of small wireless facilities. The city may deny a proposed collocation of a small wireless facility in the public rights-of-way or to place a utility pole used to support a small wireless facility in the public rights-of-way if the proposed small wireless facility or utility pole used to support a small wireless facility:
(1) Materially interferes with the safe operation of traffic control equipment;
(2) Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes;
(3) Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;
(4) Materially fails to comply with the 2017 edition of the florida department of transportation utility accommodation manual;
(5) Materially fails to comply with applicable codes and the applicable provisions of this chapter;
(6) Materially fails to comply with objective design standards authorized under F.S. § 337.401(7)(r).
(I) Permit not required for wireless facilities.
(1) The city will not require any permit or other approval or require fees, or other charges, costs, or other exactions for:
(a) Routine maintenance, the performance of service restoration work on existing facilities, or repair work, including, but not limited to, emergency repairs of existing facilities or extensions of such facilities for providing communications services to customers;
(b) Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or
(c) Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables 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. Chapter 202. The city will require an initial letter from or on behalf of such provider, which is effective upon filing, attesting that the micro wireless facility dimensions comply with the limits of this code and F.S. § 337.401. The city may not require any additional filing or other information as long as the provider is deploying the same, a substantially similar, or a smaller size micro wireless facility equipment.
(2) The city shall not require an application for a permit for a registrant that is in compliance with this chapter for maintenance, repair, replacement, extension, or upgrade of existing aerial lines or underground communications facilities located on private property outside of the public rights-of-way and the city shall not issue a permit for such work. All underground work without a permit shall be documented with photographs and video, and such documentation shall be provided to the city when requested but in no event later than 15 days following such work.
(3) A permit shall not be required for the installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cable strung between existing utility poles in the public rights-of-way, in compliance with applicable codes by or for a communications services provider authorized to occupy the public rights- of-way and who is remitting communications services tax under F.S. Chapter 202. At least 30 days prior to placing or maintaining a micro wireless facility in the public rights-of-way pursuant to this division, the registrant shall submit a letter under oath to the City's Public Works Department from or on behalf of the communications provider, which shall be effective upon filing, attesting that the micro wireless facility's dimensions comply with F.S. § 337.401(7) and this chapter. If the micro wireless facility's dimensions exceed the dimensions to constitute a micro wireless facility, the registrant shall not be authorized to place such facility in the public rights-of-way.
(4) Notwithstanding the exceptions to permit requirements contained in this section, a registrant shall obtain from the city a right-of-way permit for work that involves excavation, closure of a sidewalk, or closure of a vehicular lane or parking lane, regardless of the duration of such closure, unless the registrant is a communications services provider that is performing service restoration on an existing facility and the work is done in compliance with the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual, including, but not limited to, the requirement to notify Sunshine 811 prior to any excavation or demolition activities in accordance with F.S. Chapter 556 and to comply with all City Codes. In such instance, the communications services provider shall provide information acceptable to the city detailing the service restoration that is needed on an existing facility and shall provide reasonable advance notice to the city of at least three business days, so that the city may have an observer present. The city may require a specific method of excavation and a maintenance of traffic or sidewalk closure plan, as applicable. In addition, the registrant shall file for an after the fact permit within 15 days after completing restoration of the public rights-of-way. A registrant performing work without a permit shall ensure that the work is documented with photographs and videotape, including of the area of the public rights-of way impacted, and such photograph and videotape documentation shall be provided to the city.
(J) Limited purpose of communications rights-of-way permit. A communications rights-of-way permit issued by the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this chapter, and does not create any property right or other vested interest, or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. Permits shall be granted only for specific routes or locations in the public rights- of-way and for such term as described in the permit. The city's issuance of a permit shall not be construed as a warranty that the placement of any communications facility is in compliance with applicable codes, regulations or laws.
(K) Permit processing timeframes; shot clock for macro wireless facilities. The city's action on proposals to place or maintain macro wireless facilities communications facilities shall be subject to the applicable standards and timeframes set out in F.S. § 365.172, as may be amended from time to time; and 47 U.S.C. § 1455(a) and orders issued by the FCC, as same may be amended from time to time. All federal and state "shot clock" timeframe guidelines that apply to any particular permit are hereby recognized by the city, and the city will make all reasonable efforts to comply therewith.
(L) Permit processing timeframes; shot clock for wireline and small wireless facilities. The city's action on wireline and micro wireless communications facilities is subject to the timeline in F.S. § 337.401(7)(d)7 through 9.
(Ord. 1625, passed 8-20-20)