The provisions of this section shall not apply to small and micro wireless facilities that are regulated pursuant to § 121.45 of the city’s code of ordinances.
(A) Registrant shall at all times comply with and abide by all applicable provisions of state, federal and local law and city ordinances, codes and regulations including but not limited to § 154.60 et seq. of this Code, as amended, in placing or maintaining a communications facility or a personal wireless service facility in public rights-of-way.
(B) To the extent not otherwise prohibited by state or federal law, the city shall have the power to prohibit or limit the placement of new or additional communications facilities and personal wireless service facilities within a particular area of public rights- of-way. The city shall have the power to prohibit or limit the placement of new or additional communications facilities and personal wireless service facilities within the public rights-of-way if there is insufficient space to accommodate all of the requests to place and maintain facilities in that area of the public rights-of-way, for the protection of existing facilities in the public rights- of-way or to accommodate city adopted plans for public improvements or projects that the city determines are in the public interest.
(C) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities and personal wireless service facilities.
(D) Personal wireless service facilities located in the public rights-of-way must meet the following minimum standards:
(1) Required approvals. No application for placement of personal wireless service facilities in the public rights-of-way shall be permitted without approval of the Building Department, the Public Services Department, and the Planning and Economic Development Division.
(2) (a) Because an antenna must be placed above- ground in order to transmit and receive signals, an applicant proposing placement of an antenna in the public rights-of-way, except in the case of a co- location, shall submit an application for approval through the Planning and Economic Development Division as a non-quasi-judicial action before the Planning and Zoning Board. The application shall consist of the following:
1. Application form provided by the city;
2. Copy of current business tax receipt;
3. A scaled site plan depicting an area within a 600-foot radius from the center of the proposed personal wireless service facility, and showing the proposed antennas, equipment, related infrastructure, sidewalks, all existing utilities, antennas, towers, stealth facilities, the right-of-way boundaries, wireless communications facility boundary, road improvements, all ingress and egress to nearby streets, major vegetation, required grading, existing and proposed elevations, easements, and other significant features of the site.
4. Certification signed by the applicant confirming the distance separation from other personal wireless service facilities.
(b) No building permit shall be issued by the Building Department and no engineering permit shall be issued by the Public Services Department prior to the approval of a development plan where required pursuant to this division (D).
(3) Completeness review; time limitation. The city shall grant or deny a properly completed application for personal wireless service facilities in the public rights-of-way within 90 days or, as required by federal and state law, after the date the application is determined to be properly completed. An application is deemed submitted or resubmitted on the date the application is received by the Planning and Economic Development Division. The Planning and Economic Development Division shall notify the applicant within 20 days after the date the application is initially submitted or additional information resubmitted, whether the application is properly completed in compliance with the city’s requirements. If the application is not completed in compliance with the city’s requirements, the Planning and Economic Development Division shall so notify the applicant in writing indicating with specificity any deficiencies which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the Planning and Economic Development Division shall notify the applicant, in writing, no later than 20 days after the additional information is submitted, of any remaining deficiencies that must be cured. If a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the Planning Division may continue to request the information until such time as the specified deficiency is cured, or may establish a reasonable time frame within which the required information to cure the application deficiency is to be provided. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed.
(4) Co-location or use of stealth facilities. An antenna in the public right-of-way shall, to the extent possible, be co-located on an existing power, light or other utility pole. When co-location of an antenna is not possible, a freestanding stealth facility is preferred. For co-locations, the applicant shall submit an application to the city’s Building Department for approval.
(5) Statement. A statement or statements shall be submitted certifying that the construction of personal wireless service facilities proposed to be located in the public rights-of-way will comply with applicable standards as set forth in the Florida Building Code, latest edition, the State of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, and applicable electrical codes; and describing the proposed personal wireless service facilities’ 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. No personal wireless service facility which exceeds its support structure’s loading capacity, which causes any pole or structure to exceed its loading capacity or which does not conform to applicable electrical codes shall be permitted in the public rights-of-way.
(6) Dimensional limits for cabinets, boxes and vaults. No permit or order shall be granted authorizing the placement, construction or modification in the public rights-of-way of a personal wireless service facility cabinet, box or vault having a total volume exceeding 24 cubic feet unless the applicant provides a statement explaining the need for the greater proposed dimensions and certifying that current technology provides no alternative consistent with the dimensional requirements of this division (D)(6).
(a) Height, setbacks and related location requirements.
1. The height of a new personal wireless service facility in the public right-of-way to which an antenna is attached shall not exceed the height of existing poles or structures in the public rights-of-way within 100 feet of such proposed new personal wireless service facility, or if no such existing poles are present in the public rights-of-way within 100 feet of such proposed new personal wireless service facility, the new personal wireless service facility shall be a minimum of 20 feet in height, and not exceed a height of 50 feet. Height shall be measured from the crown of the road of the nearest public street.
2. Except as otherwise provided herein, personal wireless service facilities in the public rights-of-way shall conform to the standards and requirements set forth in the State of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.
3. No antenna attached to a freestanding pole in the public rights-of-way, other than as a co-location with an existing power, light or other utility pole, or unless installed as a stealth facility, shall be permitted within 50 feet of any principal residential structure.
4. A box or cabinet housing the equipment connected to an antenna attached to a freestanding pole in the public rights-of-way shall be placed on the ground instead of attached to the pole supporting the antenna, and shall be screened from view.
(b) Antennas.
1. Each application for a personal wireless service facility, other than for co-location, shall contain a rendering or photograph of the proposed antenna which depicts its aesthetic features including, but not limited to, the use of colors and screening devices. The application shall be subject to administrative review regarding consistency with the requirements of this section. The City Manager, or his or her designee, may require, to the extent possible, that aesthetic features, including but not limited, to the use of colors and screening devices, be used so that antennas blend into the surrounding environment.
2. No signals, lights, or illumination shall be permitted on an antenna or, except in the case of a light pole or a stealth facility designed to emulate a light pole, on a pole to which such antenna is attached, unless required by applicable state or federal laws or rules.
3. Antennas shall be mounted at a height and location that will not interfere with use of the public rights-of- way.
4. No exterior antenna in the public rights-of-way shall exceed the height of the pole to which it is attached unless it is attached as a co-location to an existing power, light or other utility pole or on a pole designed to emulate a light pole.
5. No antenna shall be mounted more than four inches from the pole to which it is attached unless it is attached as a co-location to an existing power, light or other utility pole.
6. Exterior looping of excess cable length installed on any personal wireless service facility located in the public right-of-way is prohibited.
7. Distance between antenna locations/number of antenna locations within a specified area. To minimize the adverse visual impacts associated with the proliferation and clustering of antennas and associated above-ground personal wireless service facilities, no antenna site in the public rights-of-way shall be located within 600 feet of any other such antenna site or telecommunications tower. Further, no more than 13 antenna sites may be located within an area of one square mile. This division (C)(6)(b)7. shall not apply to any antenna co-located on an existing power, light or other utility pole within the public rights-of-way.
(c) Co-locations. For the purposes of this section, CO-LOCATION means the mounting or installation of an antenna on an existing power, light or other utility pole for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. In any co-location, the existing power, light or other utility pole may be modified or replaced to accommodate the new attachment, provided however that the modified or replacement pole complies with the height, setback and related location requirements, unless such requirements are waived. For the purposes
of this section, an existing power, light or other utility pole modified or replaced to accommodate a new attachment shall continue to be considered an existing pole after replacement or modification.
(d) Approval required from other governmental agencies and owners. Each application for the location of a personal wireless service facility in the public rights-of-way may be required to include written approval, or a statement of no objection, from state agencies that regulate siting, design, and construction of such facilities, or have jurisdiction over the public rights-of-way, if any such agencies require the applicant to seek their review or approval. An existing facility in the public rights-of-way shall only be utilized in a manner consistent with the city code and with the written permission of the facility owner.
(e) FCC emissions standards. All personal wireless service facilities in the public rights-of-way shall comply with current radio frequency emissions standards of the Federal Communications Commission.
(f) Buffering.
1. Except in the case of an application for a co-location, as a condition of approval the City Manager, or his or her designee, may require the use of a fence as a buffer that is consistent in design and function with existing fencing used in the public rights-of-way.
2. Except in the case of an application for a co-location, as a condition of approval the City Manager, or his or her designee, may require the use of landscaping as a buffer, which landscaping is consistent with the landscaping otherwise located in the public rights-of-way. Additional landscaping may be required if deemed necessary to buffer adjacent properties. The City Manager, or his or her designee, may require landscaping in excess of the requirements of the city code to enhance compatibility with adjacent residential and nonresidential land uses.
3. All buffering required in connection with the use of personal wireless service facilities in the public rights-of-way shall be maintained by the owner of such facilities at its own cost.
(g) Equipment. The location in the public rights-of-way of any equipment or equipment cabinets associated with personal wireless service facilities shall be subject to the approval of the City Engineer. Any such cabinets or equipment must be approved by the City Engineer as to safety, and shall not interfere with the use of the public rights-of-way. The City Engineer may require a statement certifying the need for the proposed equipment and location. No generators utilized in connection with personal wireless services facilities may be placed in the public rights-of-way, except temporarily in the case of emergency and if approved in advance by the City Engineer.
(h) Signs and advertising. The use of any portion of a personal wireless service facility in the public rights-of-way for the posting of signs or for advertising purposes, including, but not limited to, the display of lights, banners and streamers is strictly prohibited. For purposes of emergency contact, the owner of the personal wireless service facility shall place one identification label on the equipment advising of the name and contact telephone number of the owner of the personal wireless service facility.
(i) Inspections.
1. Owners or operators of personal wireless service facilities in the public rights-of-way shall ensure that the city’s Building Department has current contact information for such owner or its authorized representative.
2. The owner or operator of a personal wireless service facility in the public rights-of-way shall submit a report to the city’s Building Department, certifying the integrity of the personal wireless service facility and the safety of electrical components at least once every two years.
(j) Cooperative determination. In the event an applicant demonstrates, in writing, to the satisfaction of the City Manager, or his or her designee, that the operation of this section produces a result which is either (i) a burdensome hardship on the applicant, and is inconsistent with the general public welfare; or (ii) inconsistent with the intent of the particular provisions of this section, and inconsistent with the general public welfare, the applicant and the City Manager, or his or her designee, shall cooperate to determine an appropriate location and aesthetic design for the proposed facility. In any such cooperative determination there shall be a preference for co-location with existing personal wireless service facilities or other utility facilities, or for use of unused capacity on existing personal wireless service facilities. Where facilities cannot be co-located and no such unused capacity exists, there shall be a preference for the use of free-standing stealth-type structures which are consistent, to the extent possible, with this section. The City Manager, or his or her designee, may require a written statement certifying that the proposed location is needed by a personal wireless services provider to close a significant gap in its service to the affected areas.
(k) Modifications or replacements. Modification or replacement of any personal wireless service facilities in the public rights-of-way shall be subject to approval of the city’s Building Department. If such modification or replacement of personal wireless service facilities or equipment would, as reasonably determined by the city, result in the facility or equipment being readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, such modification shall require approval as a non-quasi judicial item before the Planning and Zoning Board. Any co-location of personal wireless service facilities, removal of personal wireless service facilities or replacement of personal wireless service facilities that substantially changes the physical dimensions of an antenna node site shall be subject to approval of the city’s Building Department. Notwithstanding anything to the contrary in this section, for an eligible facilities request under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, the application shall be subject only to the Building Department’s review and approval process.
(l) Statements and certifications. Any statement or certification submitted by or on behalf of an applicant pursuant to the provisions of this section shall be prepared applying rational analysis by one or more engineers registered and licensed in the state, or by such other person or persons designated by the applicant who are qualified to perform the required analysis. Any person or persons providing such a statement or statements shall also certify as to his or her competence in the discipline or disciplines necessary to perform the analysis and to provide the statement.
(E) A registrant shall, at its own expense, restore the public rights-of-way to at least its original condition before such work after the completion of any placement or maintenance of a communications facility or personal wireless service facility in public rights-of-way or each phase thereof. If the registrant fails to make such restoration within 30 days 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. The registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense for 12 months following the original completion of the work.
(F) Removal or relocation at the direction of the city of a registrant’s communications facility or personal wireless service facility in public rights-of-way shall be governed by the provisions of F.S. §§ 337.403 and 337.404, as they may be amended.
(G) A permit from the city constitutes authorization to undertake only certain activities on 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.
(H) A registrant shall maintain its communications facility or personal wireless service facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law.
(I) In the interest of the public’s health, safety and welfare, upon request of the city, 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 a 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.
(J) The city makes no warranties or representations regarding the fitness, suitability, or availability of city’s public rights-of-way for the registrant’s communications facilities or personal wireless service facilities and any performance of work or 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, vacate or abandon public rights-of-way and city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities or personal wireless service facilities.
(K) The city shall have the right to make such inspections of communications facilities and personal wireless service 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 the registrant at least three days written notice setting forth the violation and requesting correction.
(L) 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 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. Registrant shall, if the registrant so agrees, allow city facilities to be co-located within 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 the registrant and the city and may be subjected to other city rights-of-way requirements. 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.
(M) A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its communications facilities or personal wireless service 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 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.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)