West Palm Beach |
Code of Ordinances |
Chapter 78. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article XI. COMMUNICATIONS SERVICES FACILITIES IN THE PUBLIC RIGHT-OF-WAY |
Division 3. PERMITS |
§ 78-404. Review criteria.
(a)
Small wireless facilities . An application for small wireless facilities may be denied if the proposed facility:
(1)
Materially interferes with the safe operation of traffic control equipment.
(2)
Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes.
(3)
Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.
(4)
Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual, as may be amended or updated.
(5)
Fails to comply with height limitations.
(6)
Fails to comply with stealth design or concealment requirements.
(7)
New utility poles fail to comply with requirements for style aesthetics and curb line placement. Replacement city utility poles fail to meet city standards, lighting type or meter requirements.
(8)
Fails to comply with requirements for historic districts, if applicable.
(9)
Fails to comply with applicable codes.
(10)
Exceeds the space available in the right-of-way due to existing facilities in the public rights-of-way or for city plans for public improvements which have been determined by the city to be in the public interest.
(b)
Section 6409 collocation . Applications for collocation entitled to streamlined processes pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 shall be approved provided they meet the requirements of this article and the following requirements, as applicable:
(1)
A collocation on an existing antenna-supporting structure within a public right of way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or ten feet, whichever is greater.
(2)
A collocation on a structure within a public right of way, protrude from the antenna-supporting structure more than six feet.
(3)
Any collocation on an existing antenna-supporting structure shall meet current building code requirements (including wind loading).
(4)
A collocation shall not add more than four additional equipment cabinets to be eligible as a collocation.
(5)
A collocation shall not require excavation outside of the right-of-way.
(6)
A collocation shall not defeat any existing concealment elements of the antenna-supporting structure.
(7)
Fails to comply with applicable stealth design or concealment requirements or historic district requirements imposed upon the original facility.
(c)
Other expedited collocations . Applications entitled to the streamlined processes described in F.S. § 365.172(13) shall meet all the following requirements:
(1)
The additional antenna array, transmission lines, and related ancillary equipment including the base station shall not exceed the number of same items previously approved for such support structure when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the support structure upon which it is being attached.
(2)
The proposed collocation shall not increase the overall height and width of the support structure to which the proposed infrastructure is to be attached.
(3)
The collocation shall not increase the ground space area for equipment enclosures and ancillary facilities.
(4)
The existing support structure shall comply with all applicable regulations.
(5)
The proposed additional collocation and support structure shall comply with all federal, state and local safety requirements.
(6)
The proposed collocation and ancillary equipment shall not exceed the applicable structural capacity limits for the support structure, as evidenced by a sealed statement from a structural engineer licensed in the state of Florida.
(7)
Fails to comply with stealth design or concealment requirements or historic district requirements imposed upon the original facility.
(d)
Other wireless communication facilities . Applications for other wireless communication facilities shall be evaluated based on the requirements of this article and the following criteria:
(1)
The placement of antennas on structures is encouraged and preferred over the installation of new poles. Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine the proposed facility has been designed carefully.
(2)
Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character, if applicable.
(3)
Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop, or wrapping cabinets with site appropriate graphics.
(4)
Lighting. Lighting of these facilities is not allowed.
(5)
Fails to comply with stealth design or concealment requirements.
(6)
New utility poles fail to comply with requirements for style aesthetics and curb line placement. Replacement city utility poles fail to meet city standards, lighting type or meter requirements.
(7)
Fails to comply with requirements for historic districts, if applicable.
(Ord. No. 4774-18, § 2, 10-22-2018)