132.11(A) Compliance with
and local
.
agrees at all times to comply with and abide by all applicable provisions of the statutes and ordinances, codes and regulations in placing or maintaining a
. A
shall at all times be subject to all lawful exercise of the police power of the .
132.11(B) Permits. A
shall not commence to place a
until all applicable permits have been issued by the and the
has complied with all applicable processes required by or other appropriate authority, except in the case of an .
shall provide prompt notice to the of the placement or maintenance of a
in the event of an .
acknowledges that as a condition of granting such permits, the may impose reasonable rules or regulations governing the placement or maintenance of a
. Permits shall apply only to the areas of
specifically identified in the permit. The may issue a blanket permit to cover certain activities, such as
and repair activities, which may otherwise require individual permits or may impose lesser requirements.
132.11(C)
proposal required. As part of any permit application to place a new or replace an existing
, the
shall provide a proposal for
of the
that sets forth at least the following:
132.11(C)(1) An engineering plan signed and sealed by a Florida Registered Professional
, or prepared by a
who is exempt from such registration requirements as provided in F.S. § 471.003, identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located
;
132.11(C)(2) A description of the manner in which the facility will be installed (i.e. anticipated
methods and/or techniques);
132.11(C)(3) A maintenance of
plan for any disruption or obstruction of the
;
132.11(C)(4) Information on the ability of the
to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other
with facilities
);
132.11(C)(5) If appropriate given the facility proposed, an estimate of the cost of to the
;
132.11(C)(6) The timetable for
of the project or each phase thereof, and the areas of the
which will be affected; and
132.11(C)(7) Such additional information requested by the
that is reasonably necessary to review the permit application.
132.11(D) Power to prohibit or limit placement. The shall have the power to prohibit or limit the placement of new or additional within the
if there is insufficient space to accommodate all of the requests to place and maintain facilities in that area of the
, for reasons of conditions, public safety, the protection of existing facilities
or to accommodate plans for public improvements or projects that the determines are in the public interest and to the extent not prohibited by applicable .
132.11(E) No unreasonable interference. All shall be placed and maintained so as not to interfere unreasonably with the use of the
by the public and so as not to cause unreasonable Interference with the rights and convenience of property
who adjoin any of the
. The
shall endeavor to install all underground. To the extent not inconsistent with public service commission regulations, the may require the use of (i.e., directional bore method) for the installation of facilities
as well as joint trenching or the collocation of facilities in existing conduit. In making such requests, the shall take into consideration several factors including inconvenience to the public and other users of
and the economic and technical feasibility of such requests. The
shall be liable for the displacement, damage or destruction of any property,
system or
as a result of the placement or maintenance of its facility within the
. The appropriate official may issue such rules and regulations concerning the placement or maintenance of a
as may be consistent with this Chapter and other applicable .
132.11(F) Notification of work on
. Prior to the commencement of any major work by the
pertaining to the placement and maintenance of communication facilities within the
, the may require the
to issue notice of the work using reasonable means to property
whose property either adjoins or lies within 200 feet of such
(the “notification area”). The notification area may be expanded at the ’s discretion and notice shall be affected in a manner deemed appropriate by the .
132.11(G) Compliance with applicable
. All safety practices required by applicable or accepted industry practices and standards shall be used during the placement or maintenance of . A
’s system shall comply with the FCC’s rules and regulations of the Alert System when applicable.
132.11(H)
of
. A
shall, at its own expense, restore the
to at least its original condition before such work
, subject to the ’s satisfaction upon inspection.
shall warrant its for a period of 12 months after completion of such . If the
fails to make such within 20 calendar days after completion of
, or such other time as may be required by the , the may after written notice to the
, perform such using employees, agents or contractors, and charge all costs of the against the
in accordance with F.S. § 337.402, and require reimbursement within 30 calendar days after the submission of the bill by the to the
.
132.11(I) Removal and relocation. Removal or relocation at the direction of the of a
’s
shall be governed by the provisions of F.S. §§ 337.403 and 337.404.
132.11(J) Permit scope. A permit from the constitutes authorization to undertake only certain activities on
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
.
132.11(K) Maintenance of
. A
shall maintain its
in a manner consistent with accepted industry practice, standards and applicable , and perform, at its expense, any tests designed to demonstrate compliance with the requirements of this Chapter and applicable , and shall provide, upon request, a copy of the test results promptly to the .
132.11(L) Compliance with local,
, and federal
. All
, installation and maintenance of a
’s
shall comply with the National Electrical Safety Code, the National Electrical Code, the Florida Building Code and all laws established by all local, or federal and accepted industry practices or standards.
shall use and exercise due caution, care and skill in performing work
and shall take all reasonable steps to safeguard work site areas.
132.11(M)
safety. In connection with
, a
shall, where applicable, comply with the
Damage Prevention and Safety Act set forth in F.S. Chapter 556.
132.11(N) Request to coordinate. In the interest of the public’s health, safety and welfare, upon request of the ; a
shall coordinate placement or maintenance activities under a permit with any other work,
, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject
. The may require a
to alter reasonably its placement or maintenance schedule for permitted work as necessary so as to minimize disruptions and disturbance
. The may provide a more definite time frame based on specific
or maintenance schedules.
132.11(O) Worker identification required. A
shall cause all its field employees and field contract workers to wear a picture identification badge indicating that they work for the provider. This badge shall be clearly visible to the public. Upon request, employees must provide a company telephone number for employees and subscribers to contact. A
or contractor shall also require all company vehicles to prominently display the name under which the
or contractor is doing business, and logo, if any, in a manner clearly visible to the public.
132.11(P) No interference. A
shall not place or maintain its or equipment so as to interfere, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drainage, pipes, cables or conduits of the , landscaped areas and
, or any other
’s facilities lawfully occupying the
of the . Further, a
shall not place or maintain its , company or contractor vehicles, or related equipment so as to interfere with the safety of the notification area.
132.11(Q) No warranties or representations. makes no warranties or representations regarding the fitness, suitability or availability of
for the
’s and any performance of work or costs incurred by
or provision of services shall be at
’s sole risk. Nothing in this Chapter shall affect the ’s authority to add, vacate or
and makes no warranties or representations regarding the availability of any added, vacated or
for .
132.11(R) Inspections. The shall have the right to make such inspections of facilities placed or maintained
as it finds necessary to ensure compliance with this Chapter. In the event the determines that a violation exists with respect to
’s placement or maintenance of facilities
that is not considered to be an or danger to the public health, safety or welfare, the will provide
no less than three calendar days written notice setting forth the violation and requesting correction.
132.11(S) Installation location plans. A permit application to place a new or replace an existing
shall include plans showing the location of the proposed installation of facilities
. If the plans so provided require revision based upon actual installation, the
shall promptly provide revised plans or “as-builts” upon completion of any installation or
. The plans shall be in a digitized format showing the two-dimensional location of the facilities based on the ’s geographical database, or other format acceptable to the . The
shall provide such plans at no cost to the . The shall maintain the confidentiality of such plans and any other information provided in accordance with F.S. § 202.195.
132.11(T) Reservation of rights. The 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
occupied by the
.
may allow facilities to be co-located within ’s
through the use of a joint trench during
’s
project. Such joint trench projects shall be negotiated in good faith by separate agreement between
and and may be subjected to other
requirements. The further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the
within the limits of the and within said limits as same may from time to time be altered.
132.11(U) Temporary support of authorized work. Subject to applicable , a
shall, on the request of any holding a permit issued by the , temporarily support, protect, raise or lower its to permit the work authorized by the permit. The expense of such temporary support, protection, raising or lowering of facilities shall be paid by the requesting the same, and the
shall have the authority to require such payment in advance. The
shall be given not less than 30 calendar days advance written notice to arrange for such temporary relocation. If the requests the temporary support, protection, raising or lowering of a facility for a public purpose, the shall not be charged for the temporary support, protection, raising or lowering of the facility.
132.11(V) Installation of
,
and equipment facilities
. For the purposes of this subsection 132.11(V), to the extent not expressly prohibited by federal , , the
or applicable Florida Public Service Commission rules and regulations, the standards contained herein apply prospectively for all new
and
, as defined by
, and a legally maintained light
and/or
shall be referred to as a (“vertical ”). An
and/or
placed
shall be subject to the following criteria:
132.11(V)(1) No
may be installed or placed
;
132.11(V)(2) No
may be installed or placed
, with the exception of existing equipment facilities installed to support an
that has been placed on a vertical
, with the consent of its
, subject to the standards contained in this subsection
132.11
(V);
132.11(V)(3) Any
or
installed
shall be subject to all site plan review and approval and permitting requirements of the
;
132.11(V)(4) No
or
may
an
for the provision of Communications Services onto an
;
132.11(V)(5) No
shall be placed on the ground
;
132.11(V)(6) No back up power sources including, but not limited to, generators and fuel storage tanks, may be installed or placed
;
132.11(V)(7) An
used in association with an
mounted on a vertical
shall be placed in any of the following areas:
132.11(V)(7)(a) Underground
; or
132.11(V)(7)(b) On an adjacent property in accordance with the
, with the consent of the property
, provided that all the wiring is underground.
132.11(V)(8) A provider of
that wants to mount an
on a vertical
must submit an application in accordance with the
’s Wireless
Chapter, register with the
pursuant to § 132.10 herein, and comply with all indemnification, insurance and security fund requirements contained herein. An application pursuant to this Section shall not be deemed a
application;
132.11(V)(9) An
may be mounted on an existing vertical
, with the consent of its owner, provided the height of the
does not extend more than ten feet above the top of the vertical
. An existing vertical
may be modified, replaced or rebuilt to accommodate an
so long as the height of the vertical
is not increased by more than ten feet;
132.11(V)(10) An
that is mounted to a vertical
located adjacent to real property used as a
shall be flush mounted to the vertical
;
132.11(V)(11) An
that is mounted to a vertical
shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal,
, or local rule, regulation or
including, but not limited to, the
’s Wireless
Chapter;
132.11(V)(12) An
that is mounted to a vertical
shall comply with any applicable FCC Emissions Standards;
132.11(V)(13) The design,
, setback, installation and
of an
mounted to a vertical
and an
used in association with an
shall comply with applicable
including, but not limited to, the Florida Building Code and the
’s Wireless
Chapter;
132.11(V)(14) No commercial advertising shall be allowed on an
mounted to a vertical
;
132.11(V)(15) Any accessory equipment and related housing
that is used in conjunction with an
mounted to a vertical
shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement,
and design of such equipment;
132.11(V)(16) An
of an
or equipment that places an
or
underground
shall maintain appropriate membership in the one call notification system or participate in any other applicable notification center for subsurface installations as provided by Florida Statutes; and
132.11(V)(17) An
of an
or
which places an
or
pursuant to this subsection
132.11
(V) is subject to any applicable provisions governing placement, maintenance or enforcement contained in this Chapter as determined by the
.
132.11(W)
.
132.11(W)(1) Registration required; Application. A
that desires to place or maintain a
in
within the
shall first register with the
in accordance with Section 132.10 of the
. As part of any permit application to place a new or replace an existing
in the
, the
shall provide a proposal to the
that includes the information required under Section 132.11(C)&(S) of the
, to the extent such information may be requested under applicable
law, and information documenting compliance with the
, including but not limited to the design standards applicable to
.
132.11(W)(2) Application process. Within 14 days after receiving a complete application for a permit for a
, the
shall determine and notify the
by electronic mail as to whether the application is complete. If an application is deemed incomplete, the
shall specifically identify the missing information. An application is deemed complete if the
fails to provide notification to the
within 14 days. Pursuant to F.S. § 337.401(7), as amended from time to time, a complete application for a
is deemed approved if the
fails to approve or deny the application within 60 days after receipt of the application. If the
does not use the 30-day negotiation period provided above, the parties may mutually agree to extend the 60-day application review period. The
shall grant or deny the application at the end
of the extended period. A permit issued pursuant to an approved application shall remain effective for 1 year unless extended by the
.
132.11(W)(3) Location; alternative location procedure. Within 14 days after the date of filing a complete application for a
, the
may request that the proposed location of a
be moved to another location in the
and placed on an alternative
or support structure or may place a new
. The
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
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
of such non-agreement and the
shall 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.
132.11(W)(4) Written approval or denial. The
shall notify the applicant of approval or denial of an application by electronic mail. The
shall approve a complete application unless it does not meet the
. If the application is denied, the
shall specify in writing the basis for denial, including the specific
provision(s) on which the denial was based, and send the documentation to the applicant by electronic mail on the day the
denies the application. The applicant may cure the deficiencies identified by the
and resubmit the application within 30 days after notice of the denial is sent to the Applicant. The
shall approve or deny the 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.
132.11(W)(5) Consolidated application. An
seeking to
within the
may, at the applicant’s discretion, file a consolidated application and receive a single permit for the
of up to 30
. If the application includes multiple
, the
may separately address
for which incomplete information has been received or which are denied.
132.11(W)(6) Height. The height of a
shall not exceed 10 feet above the
or
upon which the
is to be collocated. The height for a new
is limited to the tallest existing
as of July 1, 2017, located in the same
, other than a
for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the
. If there is no
within 500 feet, the height of the
upon which the
is to be collocated shall not exceed 50 feet.
132.11(W)(7) Design standards.
132.11(W)(7)(a) Location Context, Color, Stealth, and Concealment Requirements.
shall be designed in such a manner that they are compatible with the existing visible infrastructure located within the
’s
to minimize any negative visual impact
on the surrounding areas.
shall be designed with a hard durable finish and shall utilize
design features that enhance compatibility with adjacent uses wherever possible. The
associated with a
that is mounted or otherwise attached to a vertical
shall be enclosed within to the vertical
. The
and other components of the
shall be painted white. Such
shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal,
, or local rule, regulation or Law, and commercial advertising shall be prohibited. The
associated with a
shall be concealed completely inside an enclosure or encasement that shall be painted white. Any vertical
, including any
or other
, supporting or associated with a
shall be round and tapered and painted white consistent with the existing
s located within the
. This subsection shall not prevent the use of a top-mounted shroud design provided that the
associated with a
is concealed completely inside a white enclosure or encasement.
132.11(W)(7)(b) New Utility Pole that Replaces an Existing Facility. Any new
associated with a
that replaces an
shall be of substantially similar design, material, and color as the
it replaces, provided that the new
is round and tapered and painted white consistent with the existing
s located within the
.
132.11(W)(7)(c) Distance separation between ground-mounted equipment associated with a
. Ground-mounted equipment associated with a
in the
must be spaced a minimum of five hundred (500) linear feet apart from ground-mounted equipment associated with another
.
132.11(W)(7)(d) Waiver. The
’s design standards set forth in this
Section 132.11(W) may be waived by the
upon a showing by the
that the design standards are not reasonably compatible for the particular location of a
or that the design standards impose an excessive expense. The waiver shall be granted or denied within 45 days after the date of the written request to the
.
132.11(W)(8) Basis for denial. The
may deny a proposed
of a
in the
if the proposed
:
132.11(W)(8)(a) Materially interferes with the safe operation of traffic control equipment;
132.11(W)(8)(b) Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes;
132.11(W)(8)(c) Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;
132.11(W)(8)(d) Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual; or
132.11(W)(8)(e) Fails to comply with
.
132.11(W)(9)
on
.
132.11(W)(9)(a) The rate to
a
on a
shall be $150 per pole annually, or the maximum amount permitted under applicable law, whichever is greater.
132.11(W)(9)(b) The
may reserve space on
s for future public safety uses. If replacement of the
is necessary to accommodate the
of the
and the future public safety use, the pole replacement is subject to make-ready provisions and the replaced pole shall accommodate the future public safety use.
132.11(W)(9)(c) For a
that supports an aerial facility used to provide
or electrical service, the applicant shall comply with the process for make-ready work under 47 U.S.C. s. 224 and implementing regulations. The good faith estimate of the
for any make-ready work necessary to enable the pole to support the requested
will include pole replacement, if necessary.
132.11(W)(9)(d) For a
that does not support an aerial facility used to provide
or electric service, the
will provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested
, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, the
may require the applicant seeking to collocate a
to provide a make-ready estimate at the applicant’s expense for the work necessary to support the
, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a
that is substantially similar in color and composition.
132.11(W)(9)(e) The make-ready work specified in paragraphs (9)(c) and (9)(d) above shall be subject to the City’s usual construction restoration standards for work in the right-of-way. The replaced or altered
shall remain the property of the
.
132.11(W)(10) Micro Wireless Facilities. approval shall not be required for the installation, placement, maintenance or replacement of
that are suspended on cables strung between existing
in compliance with by or for a
authorized to occupy the
and who is remitting taxes under F.S. Chapter 202. Notwithstanding the foregoing, the
may require a right-of-way permit for work that involves excavation, closure of a sidewalk or closure of a vehicular lane.
132.11(W)(11) Permitting. An applicant for installation of a
shall obtain a right-of-way permit from the
, except to the extent applicable law prohibits the
from requiring a permit.
132.11(W)(12) Airport airspace. A Structure granted a permit and installed pursuant to this subsection 132.11(W) shall comply with F.S. Chapter 333, and federal regulations pertaining to airport airspace protections.
132.11(W)(13) No authorization to
on
; no application to HOA restricted pole. This subsection 132.11(W) does not authorize a
to collocate
or
on a
or erect an
in a location subject to covenants, conditions, restrictions, articles of incorporation, and bylaws of a homeowners’ association.
132.11(W)(14) Prohibition against placement in location where facilities are placed underground. A
shall, in relation to a
,
or
in the
, comply with any nondiscriminatory undergrounding requirements of the
that prohibit above-ground Structures in the
.
(Ord. 2010-23, passed 10-4-2010; Am. Ord. 2017-17, passed 11-20-2017; Am. Ord. 2018-08, passed 6-4-2018)