§ 78-411. Placement or maintenance of a communications services facility in public rights-of-way.

(a)

Permits . A registrant shall not commence to place or maintain a communications services facility in public rights-of-way until all applicable permits have been issued by the city or other appropriate authority.

(b)

Location .

(1)

Wireless facilities, except small wireless facilities, shall not be located in rights-of-way designated as primary pedestrian street arterial rights-of-way and shall be located in other rights-of way, whenever possible.

(2)

Location in residential areas. Whenever wireless facilities must be placed in a right-of-way with residential uses on one or both sides, neither poles, equipment, antennas or other structures shall be placed directly in front of a residential structure. If a right-of-way has residential structures on only one side, the wireless facilities shall be located on the opposite side of the right-of-way whenever possible. All wireless facilities shall be located such that views from residential structures are not significantly impaired.

(3)

Location in arterial rights-of-way. Excepting small wireless facilities, communications facilities shall be located in arterial rights-of-way whenever feasible. Placement of communications facilities in rights-of-way other than arterial rights-of-way shall be justified by an engineering analysis from the registrant to the satisfaction of the city engineer prior to the issuance of any permit.

(4)

Small wireless facilities; alternative location. Within 14 days after the date of filing the application, the city may notify the registrant seeking to install small wireless facilities and request the proposed location of a small wireless facility be moved to another location and placed on an alternative utility pole or structure or a new pole in accordance with section 78-402.

(5)

To the extent practical, conduits and poles should be located a minimum of three feet from existing water, sewer and storm water facilities and five feet from tree pits.

(c)

Collocation .

(1)

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 the collocation on an existing antenna-supporting structure within a public right-of-way shall not increase the overall height of the structure more than ten percent or ten feet, whichever is greater. A collocation shall not, for towers within a public right of way, protrude from the antenna-supporting structure more than six feet.

(2)

Excepting small wireless facilities or as otherwise provided by law, collocation of equipment shall not increase the overall height and width of the pole to which the proposed equipment is to be attached, except where expressly permitted by and in accordance with 47 USC Section 1455(a) and in conformity with applicable health and safety regulations collocation shall not increase the ground space area currently occupied by wireless telecommunication facilities.

(3)

Non-concealed attachments shall only be allowed on electrical transmission poles and existing light poles subject to approval by the utility company or owner of said tower or stanchions. The attachments must be contained within canisters.

(4)

Excepting small wireless facilities, a registrant must first seek to place its wireless facilities by collocation on existing utility poles.

(5)

The city shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.

(6)

To the extent not inconsistent with law or public service commission regulations, the city may require the collocation of facilities in existing conduit. In making such requests, the city shall take into consideration the following factors: the economic and technical feasibility of such requests; interference with the use of the public rights-of-way by the public.

(7)

Make-ready. If a small wireless facilities registrant desires to collocate on an existing city utility pole that does not support the communication services facilities, the registrant shall provide a make-ready estimate, at the registrant's expense, of the work necessary for such pole to support the small wireless facility. Registrant shall be required to perform such work at registrant's expense. Such pole must be metered separately for electric power to the communications equipment and any city streetlights or other facility. The city's engineering services division shall approve the work for compliance with this section and applicable codes. The pole and any installed support work shall be the property of the city. If the registrant requests a new pole, subsection (f) shall be applicable.

(e)

Stealth facility design or concealment . Stealth facility design or concealment is required for wireless facilities located in a right-of-way to minimize the visual impact of wireless facilities.

(f)

New utility poles .

(1)

Style . New utility poles must be comparable in style, material, color and configuration to existing or planned streetlight fixtures and any wireless facility equipment must be concealed within the pole structure. This does not require the new utility pole to include a streetlight, but requires it to be aesthetically comparable. If a new utility pole is to be installed in an historic district, a certificate of appropriateness is required pursuant to section 94-49.

(2)

Location . Poles shall be located so as to align with existing poles in the right-of-way and have equal setback distances with existing poles from the curbline of the right-of-way.

(3)

Request for pole replacement or new pole . A registrant may request the replacement of an existing pole with a pole capable of accommodating the registrant's needs and also continuing to serve its original city function or the installation of a new city utility pole to support the collocation of small wireless facilities. The registrant's permit application shall include an attestation that the small wireless facilities will be collocated on the new utility pole and will be used by a wireless services provider to provide services within nine months after the date the application is approved. The replacement pole shall meet all of the requirements of this section and shall not exceed the height of the existing pole, plus ten feet. Additionally, if the replacement city utility pole will also function as a streetlight: (i) the pole and light fixture must meet city standards for structural integrity and lighting, (ii) must be a lighting type approved by the city's engineering services division (generally LED), and (iii) must be metered separately for electric power to the streetlight and the communications equipment. The registrant shall provide the city with a make-ready estimate, at the registrant's expense for the design, fabrication and installation of a utility pole that is substantially similar in color and composition. The city's engineering services division shall approve the replacement pole for compliance with applicable codes and this section. The registrant shall be responsible for installation of the replacement pole and all associated costs. The registrant shall be responsible for maintenance of such pole, with the city responsible for the cost of replacement or repair of the light fixture. The pole shall be the property of the city.

(g)

Height .

(1)

Except as otherwise provided in this article, the height of new poles to be utilized for wireless facilities shall be compatible in height to other utility poles located in the same right-of-way or neighborhood within the city. Newly installed poles for wireless communications facilities should, to the extent practical, be located in areas with existing foliage or other aesthetic features in order to obscure the view of the pole.

(2)

Excepting small wireless facilities, the collocation on an existing antenna-supporting structure within a public right-of-way shall not increase the overall height of the structure more than ten percent or ten feet, whichever is greater.

(3)

Poles for small wireless facilities shall not exceed the height of existing poles or structures in the public rights-of-way within 500 feet of such proposed new wireless facility pole. If no existing poles are present in the public rights-of-way within 500 feet of such proposed new wireless facility, the new pole for the wireless facility shall not exceed a height of 50 feet. The height of the small wireless facility shall not exceed ten feet above the utility pole or structure upon which the small wireless facility is to be located.

(h)

Equipment boxes . Excepting small wireless facilities, the location of equipment boxes shall be subject to approval of the city's engineering services division to ensure the public safety and coordination with other utilities and facilities in the rights-of-way. In order to avoid the clustering of multiple items of ground equipment in a single area, a maximum of two ground equipment boxes may be grouped together in any single location. In addition, such locations must be spaced a minimum of 500 linear feet apart from each other, where feasible. Individual ground equipment boxes shall not exceed 28 cubic feet in size. Equipment boxes shall be concealed to obscure the view of the equipment box by the use of foliage or other aesthetic features, such as wrapping. The use of foliage and vegetation around ground equipment is preferred. Equipment boxes may only be located on poles in those limited circumstances where the mayor determines that such location is the better option for the aesthetics and visual character of the area. No generators to support equipment boxes may be placed in the public right-of-way except temporarily, in case of emergency, and approved in advance by the city's engineering services division.

(i)

Installation or placement .

(1)

To the extent not inconsistent with applicable law or public service commission regulations, the city may require the use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way as well as joint trenching or the collocation of facilities in existing conduit. In making such requests, the city shall take into consideration including the economic and technical feasibility of such requests and the inconvenience to the public and other users of rights-of-way. All directional bores shall be in accordance with the FDOT standard specification for road and bridge construction.

(2)

In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act, F.S. ch. 556, as amended.

(j)

As-builts . If the facility location plans provided by registrant require revision based upon actual installation, the registrant shall provide a complete set of as-built plans, including, but not limited to, horizontal and typical vertical profiles, to the city within 60 days of completion of any installation or construction, so that the city has documents from registrant showing the exact location of its facilities and structures. The plans shall be in a digitized format showing the two-dimensional location of the facilities based on the city's geographical database, or other format acceptable to the city and in conformance with the city's engineering standards. The registrant shall provide such plans at no cost to the city. The city shall maintain the confidentiality of such plans and any other information provided in accordance with F.S. § 202.195, as it may be amended, or other applicable law.

(k)

Restoration . A registrant shall, at its own expense, restore the public rights-of-way to at least its original condition as existed before registrant performed work in the public right-of-way, in accordance with the city's engineering services standard details, subject to the city's satisfaction upon inspection. Registrant shall warrant its restoration for a period of 12 months after completion of such restoration and permit closures. The registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its facility within the public rights-of-way. If the registrant fails to make such restoration within ten calendar days after written notice by the city, or such other time as may be required by the city, the city may after written notice to the registrant, perform such restoration using city employees, agents or contractors, and charge all costs of the restoration against the registrant in accordance with F.S. § 337.402, as it may be amended, and require reimbursement within 30 days after the submission of the bill by the city to the registrant. At the sole discretion of the city, the city may seek to recover expenses, costs and loss from restoring the right-of-way, against the registrant's construction bond pursuant to section 78-407; however, registrant shall remain liable to the city for any such amounts not recovered through the construction bond.

(l)

Underground facilities .

(1)

A registrant shall install its facilities underground in areas where communications service facilities are uniformly placed underground and except to the extent that the transmitting radio and/or antenna portion of any facility is not placed underground, to the extent that this obligation is not prohibited by federal law, state law or applicable state public service commission rules and regulations.

(2)

To the extent not inconsistent with law or public service commission regulations, the city may require the collocation of facilities in existing conduit. In making such requests, the city shall take into consideration the following factors: the economic and technical feasibility of such requests; interference with the use of the public rights-of-way by the public.

(3)

Every registrant that places or constructs communications service facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations.

(m)

Maintenance . A registrant shall maintain its communications services facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law.

(n)

Inspection . The city shall have the right to make such inspections of communication services facilities placed or maintained in public rights-of-way as it finds reasonably necessary to ensure compliance with this article. Such inspections shall be non-intrusive as to the communications equipment and facilities. 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 registrant no less than three days written notice setting forth the violation and requesting correction. Following the completion of construction of a communication services facility within a public right of way, the owner shall submit a report to the development services department certifying "as-built" compliance with the permitted structural and electrical parameters. The city shall conduct a post-construction inspection to verify the submitted report and confirm the constructed facility does not present a public safety hazard to vehicular and pedestrian traffic. Any fee for the post-construction inspection shall be as allowed by law and authorized by resolution of the city commission.

(o)

Registrant's risk . City makes no warranties or representations regarding the fitness, suitability or availability of public rights-of-way for the registrant's communications services facilities and any performance of work or costs incurred by registrant or provision of services shall be at registrant's sole risk.

(p)

All safety practices required by applicable law or accepted industry practices and standards shall be used during construction, maintenance, and repair of the communications services facilities. Registrant's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices as are required by the FDOT Manual on Uniform Traffic Control Devices and/or any requirements of the city to protect all members of the public having occasion to use the portion of the streets involved or adjacent property.

(Ord. No. 4774-18, § 2, 10-22-2018)