(A)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.
      APPLICANT. The record owner or an owner's representative of a tract of land that is applying for a permit under this section.
      COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.
      EASEMENT. The right, privilege, or interest that one party has in the land of another. This may include utilities, drainage, ingress and egress, or other public or private uses subject to the right of use designated in the reservation of the servitude. For the purpose of this subchapter, easement permitting pertains to publicly controlled easements.
      FCC. The Federal Communications Commission.
      LICENSED CONTRACTOR. A contractor licensed by the State of Florida to perform general construction contracting, underground construction or electrical work.
      MICRO WIRELESS FACILITY. A small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.
      PERFORMANCE SECURITY. One hundred twenty-five percent of the construction cost of improvements to be posted with the town by the applicant for all improvements made within town controlled rights-of-way and/or easements.
      PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
      PUBLIC RIGHTS-OF-WAY or RIGHTS-OF-WAY. Property or any interest therein, including easements, which is acquired for or devoted to a public road, including but not limited to, roadways, highway, street, or bridge for which the town is the jurisdictional authority and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface.
      ROAD or STREET. A way which affords the principal means of access by vehicles to abutting property, streets, sidewalks, alleys, highways, and other ways open to travel to the public or private residents and includes all areas within the rights-of-ways or easements in which such ways are located.
      SMALL WIRELESS FACILITY. A wireless facility that meets the following qualifications:
         (a)   Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and 
         (b)   All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.
      SUPPORT STRUCTURE. A wireless support structure or utility pole proposed for utilization for the collocation of small wireless facilities.
      SUBSTANTIAL MODIFICATION. The mounting of a small wireless facility on a utility pole or wireless support structure in a manner that: (a) increases the height of the utility pole or wireless support structure by 10% of the original height of the utility pole wireless support structure or greater; or (b) adds an appurtenance to the utility pole or wireless support structure that protrudes horizontally from the utility pole or wireless support structure more than the width of the utility pole or wireless support structure and existing appurtenances. A modification that defeats the purpose of any existing concealment elements is also considered a substantial modification.  A substantial modification is not a waiver to the maximum allowable height.
      UTILITY POLE. A pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the Town Mayor grants a waiver for such pole.
      WIRELESS FACILITY. Equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:
         (a)   The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;
         (b)   Wireline backhaul facilities; or
         (c)   Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. 
      WIRELESS INFRASTRUCTURE PROVIDER. A person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.
      WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
      WIRELESS SERVICES. Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.
      WIRELESS SERVICES PROVIDER. A person who provides wireless services.
      WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.
   (B)   Purpose.
      (1)   To insure that a proposed improvement within a town-controlled right-of-way or easement is non-injurious to the public use or any contiguous and/or other directly affected properties.
      (2)   To provide guidelines and procedures to ensure that the permitted improvements contain the essential information and data, both graphic and written, necessary for the applicable town sections and departments, and the town council to reach fair and equitable decisions.
      (3)   To provide the applicant with a specific set of procedures and exhibit requirements which, if followed as directed, will substantially reduce the applicant's probability of encountering unnecessary delays.
      (4)   To set out and fully describe the policies and conditions under which the review of a site development plan will be evaluated.
      (5)   To implement the local government regulatory authority granted in the Advanced Wireless Infrastructure Deployment Act, F.S. § 337.401(7), and establish reasonable development standards for the location of small wireless facilities on town-owned utility poles, infrastructure or improvements in the public rights-of-way, while minimizing the potential negative impacts of such facilities. The wireless facilities and associated support structures permitted in this subchapter include only such small wireless facilities and structures as defined herein.
(Ord. 2018-06, passed 8-29-2018)