§ 82-128. Requirements and procedures for small wireless facilities, micro wireless facilities, utility poles and wireless support structures.

A request by a registrant to collocate a small wireless facility to a utility pole in the rights-of-way shall be processed in accordance with this section.

(1)

Within 14 days after receiving an application, the city must determine and notify the applicant by electronic mail as to whether the application is complete. If an application is deemed incomplete, the city must specifically identify the missing information. An application is deemed complete if the city fails to provide notification to the applicant within 14 days.

(2)

Within 14 days after the date of filing an application for collocation of a small wireless facility to a utility pole, the city may request that the proposed location of a small wireless facility be moved to another location in the rights-of-way and placed on an alternative utility pole or support structure or may place a new utility pole. The city 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 city 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 city of such nonagreement and the city must 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.

(3)

A complete application is deemed approved if the city fails to approve or deny the application within 60 days after receipt of the application. If the city does not use the 30-day negotiation period provided in subparagraph (2) above, the parties may mutually agree to extend the 60-day application review period. The city 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 one year unless extended by the city.

(4)

The city must notify the applicant of approval or denial by electronic mail. The city shall approve a complete application unless it does not meet the regulations provided by this article or other applicable codes. If the application is denied, the city must specify in writing the basis for denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant by electronic mail on the day the city denies the application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days after notice of the denial is sent to the applicant. The city 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.

(5)

An applicant seeking to collocate small wireless facilities within the city 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, an authority may separately address small wireless facility collocations for which incomplete information has been received or which are denied.

(6)

The city may deny a proposed collocation of a small wireless facility in the public rights-of-way if the proposed collocation:

(i)

Materially interferes with the safe operation of traffic control equipment.

(ii)

Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes.

(iii)

Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.

(iv)

Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual, as amended.

(v)

Fails to comply with applicable codes.

(7)

The city may reserve space on the city's utility poles for future public safety uses. However, a reservation of space may not preclude collocation of a small wireless facility. If replacement of the city's utility pole is necessary to accommodate the collocation of the small wireless facility 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.

(8)

The city shall limit:

(i)

The height of a small wireless facility to ten feet above the utility pole or structure upon which the small wireless facility is to be collocated;

(ii)

The height for a new utility pole to the tallest existing utility pole as of July 1, 2017, that is located in the same rights-of-way measured from grade in place within 500 feet of the proposed location of the small wireless facility. This subsection does not include a utility pole for which a waiver has previously been granted. The height limitation may be waived by the city's streets department; or

(iii)

If there is no utility pole within 500 feet, the city shall limit the height of the new utility pole to 50 feet.

(9)

Except as provided in subparagraphs (2) and (8), the installation of a utility pole in the public rights-of-way designed to support a small wireless facility shall be subject to the city's rules or regulations governing the placement of utility poles in the public rights-of-way and shall be subject to the application review timeframes in this subsection.

(10)

A structure granted a permit and installed pursuant to this subsection shall comply with F.S. ch. 333 and federal regulations pertaining to airport airspace protections.

(11)

The city may not require approval or require fees or other charges for:

(i)

Routine maintenance;

(ii)

Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size; or

(iii)

Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with this Ordinance by or for a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under F.S. ch. 202, otherwise fees must be remitted to the city in accordance with section 82-129(b) or (c).

(12)

For a city utility pole that supports an aerial facility used to provide communications services or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The city shall not be responsible for any make-ready work costs. The good-faith estimate of the person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.

(13)

For a city utility pole that does not support an aerial facility used to provide communications services or electric service, the city shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, must be completed by applicant within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, the city may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, 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 utility pole that is substantially similar in color and composition. The city may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall remain the property of the city.

(14)

The city may not require more make-ready work than is required to meet applicable codes or industry standards. Fees for make-ready work may not include costs related to preexisting damage or prior noncompliance. Fees for make-ready work, including any pole replacement, may not exceed actual costs or the amount charged to communications services providers other than wireless services providers for similar work and may not include any consultant fee or expense.

(15)

A wireless provider shall, in relation to a small wireless facility, utility pole, or wireless support structure in the public rights-of-way, comply with nondiscriminatory undergrounding requirements of the city, in the event the city prohibits above-ground structures in public rights-of-way, provided, however, that such undergrounding requirement shall not apply to above-grade facilities that must be located above grade specifically for the transmission or reception of electromagnetic radio frequency signals used in providing wireless services.

(16)

A wireless infrastructure provider may apply to the city to place utility poles in the public rights-of-way to support the collocation of small wireless facilities. The application must include an attestation that small wireless facilities will be collocated on the utility pole or structure and will be used by a wireless services provider to provide service within nine months after the date the application is approved. The city shall accept and process the application in accordance with subparagraph (a)(9) and this section, any applicable codes and other local codes governing the placement of utility poles in the public rights-of-way.

(17)

This subsection does not limit the city's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 332(c)(7), the requirements for facility modifications under 47 U.S.C. § 1455(a), or the National Historic Preservation Act of 1966, as amended, and the regulations adopted to implement such laws. The city may enforce local codes, administrative rules, or regulations adopted by ordinance in effect on April 1, 2017, which are applicable to a historic area designated by the state or authority. An authority may enforce pending local ordinances, administrative rules, or regulations applicable to a historic area designated by the state if the intent to adopt such changes has been publicly declared on or before April 1, 2017. The city may waive any ordinances or other requirements that are subject to this paragraph.

(18)

This subsection does not authorize a person to collocate or attach wireless facilities, including any antenna, micro wireless facility, or small wireless facility, on a privately-owned utility pole, a utility pole owned by an electric cooperative or a municipal electric utility, a privately owned wireless support structure, or other private property without the consent of the property owner.

(19)

This subsection does not authorize a person to collocate or attach small wireless facilities or micro wireless facilities on a utility pole, unless otherwise permitted by federal law, or erect a wireless support structure in the right-of-way located within a retirement community that:

(i)

Is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b);

(ii)

Has more than 5,000 residents; and

(iii)

Has underground utilities for electric transmission or distribution.

This paragraph does not apply to the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial communications facilities, provided that once aerial facilities are converted to underground facilities, any such collocation or construction shall be only as provided by the city's underground utilities ordinance.

(20)

This subsection does not authorize a person to collocate small wireless facilities or micro wireless facilities on a city utility pole or erect a wireless support structure in a location subject to covenants, conditions, restrictions, articles of incorporation, and bylaws of a homeowners' association. This paragraph does not apply to the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial communications facilities.

(Ord. No. 2018-028, § 3, 4-24-2018)