§ 27-4. Permitting and maintenance of wireless facilities in the public rights-of-way.

(a)

In accordance with applicable town ordinances, codes or regulations and this chapter, a permit shall be required of a communications services provider that desires to place or maintain a wireless facility in public rights-of-way.

(b)

Rate for collocation.

(1)

An applicant that obtains a permit and places or maintains wireless facilities in the public rights-of-way shall pay to the town the sum of $150.00 for each collocation, until the termination or expiration of the permit. The applicant shall thereafter pay the town $150.00 for each permit allowing the placing facilities in the public rights-of-way annually in the same month that the applicant first obtained its permit.

(2)

The town may suspend or withhold permits, and pursue any other remedy available under applicable law including this chapter, if a permittee has not made the appropriate payments as required by this section.

(c)

An applicant must provide the town with information enabling the town to contact appropriate applicant's personnel in emergency situations, or when applicant's construction or equipment has caused damage to other property.

(1)

The applicant shall provide the town with the name, address, email address, cell phone, and telephone number of a contact person to provide the town and its residents with information regarding the applicant's wireless facilities in the public rights-of-way, and who shall accept and coordinate any damage claims. Such information shall be updated as necessary by the applicant to provide the town with current and accurate information.

(2)

An applicant shall provide the town with a current telephone number available and monitored 24 hours per day, every day, by applicant, to be utilized by the town in case of an emergency.

(d)

A permit from the town constitutes authorization to undertake only those certain activities in 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. Permittee acknowledges that as a condition of granting such permits, the town may impose reasonable conditions governing the placement or maintenance of a wireless facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. A permittee shall not commence to place or to maintain a wireless facility in public rights-of-way until the town or other appropriate authority has issued all applicable permits. No permit is required for routine maintenance of wireless facilities in the public rights-of-way, replacement of existing wireless facilities that are substantially similar or of the same or smaller size or installation, placement, maintenance or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by or for a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under F.S. ch. 202.

(e)

Permits are not required for work on wireless facilities in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Permittee shall provide prompt notice to the town of the placement or maintenance of a wireless facility in public rights-of-way in the event of an emergency.

(f)

As part of any permit application to place a new or to replace an existing wireless facility in public rights-of-way, the applicant shall provide information concerning the wireless facility that sets forth at least the following:

(1)

An engineering plan signed and sealed by a state-registered professional engineer, or prepared by a person 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, its length in feet, where it is to be located, and the approximate size of facilities and equipment that will be located in public rights-of-way;

(2)

A description of the manner in which the facility will be installed (i.e., anticipated construction methods and/or techniques);

(3)

A traffic maintenance plan for any disruption of the public rights-of-way;

(4)

Information on the ability of the public rights-of-way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons with facilities in the public rights-of-way);

(5)

If appropriate given the facility proposed, an estimate of the cost of restoration to the public rights-of-way;

(6)

Documentation to meet the requirements for insurance, construction bonds, and security funds as required by sections 27-8, 27-10, and 27-11 of this chapter;

(7)

The timetable for construction of the project or each phase thereof, and the areas of the town which will be affected; and

(8)

Such additional information requested by the town that the town finds reasonably necessary to review the permit application.

(g)

The town shall have the power to prohibit or to limit the placement of new or additional wireless facilities within the public rights-of-way if such facility:

(1)

Will materially interfere with the safe operation of traffic control equipment;

(2)

Will materially interfere with sight lines or clear zones for transportation, pedestrians, or public safety purposes;

(3)

Will materially interfere with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;

(4)

Will materially fail to comply with the 2010 Edition of the Florida Department of Transportation Utility Accommodation Manual as may be amended; or

(5)

Fails to comply with applicable codes.

(h)

Within 14 days after receiving an application, the town will determine and notify the applicant by electronic mail as to whether the application is complete. If an application is deemed incomplete, the town will specifically identify the missing information. An application is deemed complete if the town fails to provide notification to the applicant within 14 days. A complete application is deemed approved if the town fails to approve or deny the application within 60 days after receipt of the application. If the town does not use the 30-day negotiation period provided in subsection (i), the parties may mutually agree to extend the 60-day application review period. The town 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 town.

(i)

Within 14 days after the date of filing the application, the town may request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative authority utility pole or support structure or may place a new utility pole. The town 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 authority 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 authority of such nonagreement and the authority must grant or deny the original application within 30 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.

(j)

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

(k)

A wireless infrastructure provider may apply to the town 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 town will accept and process the application in accordance with subsection (f) and any applicable codes and other local codes governing the placement of utility poles in the public rights-of-way. Unless waived by the town, the height of a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, within 500 feet of the proposed location of the small wireless facility. A utility pole for which a height waiver has previously been granted cannot be used as the tallest existing utility pole. If there is no utility pole within 500 feet, the height of the utility pole is limited to 50 feet.

(l)

The height of any small wireless facility shall be limited to ten feet above the existing utility poles or structure upon which the small wireless facility is to be collocated.

(m)

A permittee shall, at its own expense, restore the public rights-of-way to at least its original condition before such work in public rights-of-way was initiated, subject to the town's satisfaction upon inspection. Permittee shall warrant its restoration for a period of 12 months after completion of such restoration. If the permittee fails to make such restoration within 30 calendar days after completion of construction, or such other time as may be required by the town, the town may after written notice to the permittee, perform such restoration using town employees, agents or contractors, and charge all costs of the restoration against the permittee 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 town to the permittee.

(n)

Permittee agrees at all times to comply with and abide by all applicable provisions of federal and state law and town ordinances, codes and regulations in placing or maintaining a wireless facility in public rights-of-way.

(o)

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

(p)

Permittee shall place or maintain a communications facility in public rights-of-way in compliance with all applicable standards as established by all local, state or federal law and in conformance with the town ordinances, codes and regulations. Permittee shall use and exercise due caution, care and skill in performing work in the public rights-of-way and shall take all reasonable steps to safeguard work site areas.

(q)

In the interest of the public's health, safety and welfare, upon request of the town, a permittee 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 timeframe in the subject public rights-of-way. The town may require a permittee to alter reasonably its placement or maintenance schedule for permitted work as necessary so as to minimize disruptions and disturbance in the public rights-of-way. The town may provide a more definite time frame based on specific town construction or maintenance schedules.

(r)

An permittee shall not place or maintain its communications facilities so as to interfere, displace, damage or destroy any facilities, including, but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the town or any other person's facilities lawfully occupying the public rights-of-way.

(s)

The town makes no warranties or representations regarding the fitness, suitability or availability of public rights-of-way for the permittee's facilities and any performance of work or costs incurred by permittee or provision of services shall be at permittee's sole risk. Nothing in this chapter shall affect the town's authority to add, vacate or abandon public rights-of-way and the town makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for wireless communication facilities.

(t)

The town has the right to make such inspections of facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the town determines that a violation exists with respect to permittee'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 town will provide permittee no less than three days' written notice setting forth the violation and requesting correction.

(u)

A permittee shall, on the request of any person holding a permit issued by the town, temporarily raise or lower its 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 permittee shall have the authority to require such payment in advance. The permittee shall be given not less than 30 days' advance written notice to arrange for such temporary relocation. Subject to applicable law, if the town requests a temporary raising or lowering of a facility for a public purpose, the town shall not be charged for the temporary raising or lowering of the facility.

(Ord. No. 18-01, § 1, 12-11-2017)