(A) The placing of any new utility pole, wireless support structure, or other above- ground structure to support communications facilities is subject to the approval of the City Engineer and shall be done under the supervision of the City Engineer or his or her designee. Except for a permit for collocation of a small wireless facility on a new utility pole, no new utility pole, wireless support structure, or other above-ground structure shall be allowed in the public rights-of-way unless the applicant demonstrates, and the City Engineer determines, that no existing structure or alternative technology (that does not require the placement of a new structure in a public rights-of-way) can accommodate the applicant's proposed antenna or other communication facility. Such a demonstration by the applicant shall not give rise to a right to locate the proposed facility within the public rights-of-way or in any way guarantee city approval of such. This demonstration is not required as a condition for granting a permit for the collocation of a small wireless facility on a new utility pole, except as provided in F.S. § 337.401(7)(i). An applicant shall submit information requested by the City Engineer related to the availability of suitable existing structures or alternative technology. Evidence submitted to demonstrate that no existing structure or alternative technology can accommodate the applicant's proposed communications facility may consist of, but is not limited to, the following factors to be considered by the City Engineer:
(1) No existing structures are located within the geographic area which would meet applicant's engineering requirements.
(2) Existing structures are not of sufficient height to meet applicant's engineering requirements, which shall be demonstrated by, at minimum, propagation and coverage maps.
(3) Existing structures do not have sufficient structural strength to support applicant's proposed antenna or other communications facility and related equipment.
(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna.
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing structure for sharing are unreasonable.
(6) The applicant demonstrates that there are other limiting factors that render existing structures unsuitable.
(7) The applicant demonstrates that an alternative technology that does not require the use of new structures, such as cable microcell network using multiple low- powered transmitters/receivers attached to wire line system, is unsuitable. Costs of alternative technology that exceed new structure or antenna development shall not be presumed to render the technology unsuitable.
(8) If the application is for a new utility pole to support a small wireless facility and the applicant is a wireless infrastructure provider, the applicant must attest that:
(a) The pole will be used within nine months from the date the application is approved;
(b) Small wireless facilities will be collocated on the utility pole.
(B) If approved, no such utility pole or other above-ground structure shall be placed in any gutter or drainage area and must be behind the curb to avoid damage to any sidewalk. In areas of the city where either electric utility wires or other communications facilities are above ground and such facilities are moved, either voluntarily or at the direction of the city, to a new utility pole or other above-ground structure, the communications services provider or wireless infrastructure provider shall likewise move all its above-ground facilities on such utility poles or structures to such new utility pole or structure within 30 days after receipt of written notice from either the city or the owner of the new utility pole or structure in accordance with F.S. § 337.403.
(Ord. 1625, passed 8-20-20)