§ 93.34  PERMIT APPLICATION.
   (A)   A right-of-way/easement permit is required to (1) collocate a small wireless facility on a support structure; (2) install a new support structure for collocation; or (3) perform a substantial modification to an existing small wireless facility or support structure.
   (B)   Consolidated application. An applicant seeking to collocate small wireless facilities 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 town may separately address small wireless facility collocations for which incomplete information has been received or which are denied.
   (C)   A permit is not required for:
      (1)   Routine maintenance;
      (2)   Replacement of existing small wireless facilities with small wireless facilities that are substantially similar or of the same or smaller size or same color and concealment;
      (3)   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. Ch. 202.
   (D)   An applicant shall demonstrate that the proposed small wireless facility, support structure or substantial modification complies with all applicable laws and ordinances.
   (E)   One hard copy and a digital copy of the application, plans and supporting documents shall be submitted to the building department. In addition to the standard permit submittal requirements, applications for small wireless facilities, support structures or substantial modifications shall submit plans which include the following:
      (1)   Name, address, phone number and email address of the applicant's primary contact person in connection with the application and the person to contact in case of an emergency.
      (2)   Evidence of and proof of insurance or self-insuring status adequate to defend and cover claims insurance coverage, if required by the town.
      (3)   A copy of federal or state certification authorizing the applicant to provide wireless services as a wireless services provider or telecommunications services as a wireless infrastructure provider.
      (4)   If the applicant is a corporation or limited liability company, proof of authority to do business in the State of Florida.
      (5)   For utilization of support structures not owned by the town, a notarized affidavit signed by an authorized representative of the support structure owner verifying consent to collocate on their support structure.
      (6)   An applicant for a new support structure must demonstrate that an existing structure is not reasonably available for collocation. A report and supporting technical data shall be submitted, demonstrating the following:
         (a)   All antenna attachments and collocations, including all potentially useable cross country utility distribution towers, existing support structures and other elevated structures within the proposed service area and alternative antenna configurations have been examined, and found unacceptable.
         (b)   Reasoning as to why existing facilities such as cross country utility distribution and other elevated structures or existing structures are not acceptable alternatives to a new support structure.
         (c)   Reasoning as to why the adequacy of existing support structures or the mitigation of existing support structures are not acceptable in meeting the applicant's need or the needs of service providers shall consist of any of the following:
            1.   No existing support structures located within the geographic area meet the applicant's engineering requirements, and why.
            2.   Existing support structures do not have sufficient structural integrity to support a small wireless facility and the existing support structures cannot be sufficiently improved,
            3.   Other limiting factors that render existing support structures unsuitable.
      (7)   Signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards. A copy of the radio frequency emissions report verifying compliance with FCC standards shall be included with the signed statement. Any signage required or recommended by the FCC to warn of RF emissions associated with the small wireless facility shall be posted by the applicant on the support structure.
      (8)   A stamped or sealed structural analysis of the proposed tower prepared by a registered professional engineer licensed by the State of Florida indicating the proposed and future loading capacity of the utility pole is compliant with the Florida Building Code, as amended, or other applicable requirements.
      (9)   Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property.
      (10)   Simulated photographic depiction of the proposed and/or appearance from vantage points approved by the town, including the facility types the applicant has considered including:
         (a)   Overall height.
         (b)   Configuration.
         (c)   Physical location.
         (d)   Mass and scale.
         (e)   Materials and color.
         (f)   Illumination, if applicable.
      (11)   Proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
      (12)   Signal propagation map for the purposes of determining potential interference with traffic control devices.
      (13)   All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this subchapter.
      (14)   Site plan. Signed and sealed site plans shall include the following:
         (a)   Name of project and date.
         (b)   The limits of right-of-way and limits of work where work shall be performed.
         (c)   The state plane coordinates and GIS coordinates of the proposed location.
         (d)   Deed book, survey book, road plat or official records book and page reference.
         (e)   Scale, north arrow, and vicinity map.
         (f)   Maximum height of the proposed structure and proposed and future mounting elevations of future antenna, including individual measurement of the base, support structure, and lightning rod.
         (g)   Location and size of all major public or private streets and rights-of-way.
         (h)   Depict and identify within a minimum of 50 feet of work all above ground infrastructure and improvements, including without limitation, pavement, curb, sidewalks, landscaping and vegetation, buildings, utility poles, etc. and all below ground infrastructure and utilities, including without limitation foundations, tanks, utilities, etc. within limits of work.
         (i)   Depict and identify all existing easements within limits of work and any additional easement(s) acquired (e.g., access easement, temporary construction easement or other easement) for construction of work. Easements must denote recording information.
         (j)   For new support structures, the location of existing support structures within a 100 foot radius and the height of existing support structures within 500 feet of the proposed structure in either direction on the same side of the right-of-way.
         (k)   A statement or statements certifying that the construction of wireless communication facilities proposed to be located in the public rights-of-way will comply with all applicable standards, codes, rules and regulations referenced in this subchapter.
         (l)   A statement describing the proposed support structure's capacity to permit multiple users, including an example of the number and type of antennas or other attachments that can be accommodated on support structures.
         (m)   Compliance with American National Standards Institute (ANSI) standards for electromagnetic radiation. In order to protect the public from excessive exposure to electromagnetic radiation, the facility applicant shall certify through a written statement that the facility meets or exceeds current ANSI standards as adopted by the FCC.
(Ord. 2018-06, passed 8-29-2018)