These regulations and requirements establish general guidelines for the siting of wireless telecommunications towers and antennas and are intended to accomplish the following purposes:

(1)

Protect and promote the public health, safety and general welfare of the residents of the town;

(2)

Minimize residential areas and land uses from potential adverse impacts of towers and antennas;

(3)

Encourage the location of towers in nonresidential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single-use telecommunications towers;

(5)

Encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(6)

Minimize potential damage to property from telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained; and

(7)

Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the town shall at all times give due consideration to the town's master telecommunications plan, comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of telecommunications towers and antennas.

(Ord. No. 12-03, § 2(3-220), 6-20-2012)

These regulations and requirements establish general guidelines for the siting of wireless telecommunications towers and antennas and are applicable as follows:

(1)

All new wireless communications facilities and reconstruction or modifications to existing wireless communications facilities in the town shall be subject to the regulations in this article to the full extent permitted under applicable state and federal law;

(2)

Pre-existing telecommunications towers or antennas shall not be required to meet the requirements of this article, other than the specific requirements set forth herein;

(3)

This article shall not specifically govern any broadcasting facility or a wireless communications facility owned and operated by a federally licensed amateur radio station operator or used exclusively for receive only antennas, provided by applicable law;

(4)

This article shall apply to applications for wireless communications facilities, telecommunications towers, and antennas as defined herein unless prohibited by applicable law;

(5)

The providing of personal wireless services and the siting and construction of wireless communications facilities shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services or public safety telecommunications as defined herein;

(6)

Except for matters herein specifically reserved to the town council, the community development director shall be the principal town official responsible for the administration of this article. The community development director may delegate any or all of the duties hereunder unless prohibited by applicable law;

(7)

For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right; and

(8)

The town may create an application form, as may be amended from time to time, for a person to apply for the construction, installation, or placement of a wireless communications facility, telecommunications tower, or antenna within the town consistent with the terms of this article. The town may create a different application form for collocation applications.

(Ord. No. 12-03, § 2(3-221), 6-20-2012)

(a)

The following information must be included in all applications, including applications for installations of telecommunications towers and antennas, but excluding collocation applications:

(1)

Current survey of the property;

(2)

Description of the telecommunications services currently provided and/or to be provided in the future by the applicant over its wireless communications facilities;

(3)

Location of the proposed facilities;

(4)

Identify the location of all overhead and underground public utility, telecommunication cable, water, sewer, drainage and other facilities;

(5)

Identify the trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate;

(6)

Identify all applicable FCC licenses and approvals;

(7)

Statement that the applicant shall notify all other telecommunication providers of the permit application at time application is accepted by the community development director;

(8)

Any application submitted to the town for construction or installation of a telecommunication tower or wireless communications facility shall demonstrate that the proposed structure conforms with the state of the art technology or, alternatively, that state of the art technology is unsuitable for the site involved. Costs of state of the art technology that exceed new tower development shall not be presumed to render the technology unsuitable;

(9)

A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot;

(10)

For purposes of determining whether the installation of a telecommunications tower or antenna complies with the zoning provisions, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antenna or telecommunications tower may be located on leased parcels within such lot;

(11)

Each applicant shall provide the town with an inventory of its pre-existing telecommunications towers and antennas and the pre-existing sites of any other telecommunications towers, antennas and wireless communications facilities within a three-mile radius of the town;

(12)

For applications for new telecommunications towers, the applicant must provide information to demonstrate pursuant to the procedures listed within this subsection that no pre-existing tower structures or state of the art technology that does not require the use of new telecommunications towers or new structures can accommodate or be modified to accommodate the applicants proposed telecommunications tower. Evidence submitted to demonstrate that no pre-existing tower, existing structure, state of the art technology is suitable may consist of an affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and with experience with radio frequency and wireless communications facilities, determining or demonstrating the following:

a.

That pre-existing towers or existing structures located within the geographic search area do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including, but not limited to, applicable FCC requirements;

b.

That pre-existing or existing structures are not of sufficient height to meet applicable FCC requirements or engineering requirements of the applicant;

c.

That pre-existing towers or existing structures do not have sufficient structural strength to support applicants proposed antenna and related equipment;

d.

That the applicant's proposed antenna would cause electromagnetic/radio frequency interference with antennas on pre-existing towers, antennas, existing structures, or the antenna on the pre-existing towers or structures cause interference with the applicant's proposed antenna;

e.

That the applicant's proposed antenna on a pre-existing tower or existing structure would cause interference with public safety telecommunications;

f.

That the applicant made diligent efforts but was unable to obtain permission to install or collocate the applicant's wireless communications facilities on pre-existing towers or usable antenna support within a one mile radius from the proposed site;

g.

That there are other limiting factors that render pre-existing towers and existing structures unsuitable;

(13)

An engineering report from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities, and shall include:

a.

A site development plan of the entire subject property drawn to scale, including, without limitation:

1.

A tax parcel number, legal description of the parent tract and leased parcel, total acres, and section/township/range of the subject property;

2.

The lease parcel fully dimensioned, including property lines, setbacks, roads on or adjacent to the subject property, easements;

3.

Outline of all existing buildings, including purpose (i.e., residential buildings, garages, accessory structures, etc.) on subject property;

4.

All existing vegetation, by mass or individually by diameter, measured four feet from the ground of each stand alone tree on the subject property;

5.

Proposed/existing security barrier, indicating type and extent as well as point of controlled entry;

6.

Proposed/existing access easements, utility easements, and parking for the telecommunications tower;

7.

All proposed changes to the subject property, including grading, vegetation removal, temporary or permanent roads and driveways, stormwater management facilities and any other construction or development attendant to the telecommunications tower;

8.

Scaled elevation drawing of proposed telecommunications tower, including location of all mounts, antennas, equipment facilities, fencing and landscaping;

9.

If applicable, on-site and adjacent land uses;

b.

If applicable, a narrative of why the proposed telecommunications tower cannot comply with the requirements of the engineering report;

c.

The type of telecommunications tower and specific design information shall be provided for the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any. The following specific information shall be provided:

1.

Equipment brochures for the proposed tower, such as manufacturers' specifications or trade journal reprints;

2.

Materials of the proposed tower specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc.);

3.

Colors of the proposed tower represented by a color board showing actual colors proposed;

4.

Dimensions of the tower specified for all three directions: height, width and breadth; and

5.

A visual impact analysis with a minimum of two photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth as well as at a distance of 250 feet and 500 feet from all properties within that range or at other points agreed upon in a pre-application conference;

d.

Current wind-loading capacity and projection of wind-loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted to exceed its wind loading capacity as provided for by the state building code;

e.

An affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and with experience with radio frequency and wireless communications facilities stating that the proposed telecommunications tower, including reception and transmission functions, will not interfere with the visual and customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties;

f.

An affidavit from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and with experience with radio frequency and wireless communications facilities confirming compliance with all applicable building codes associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower;

(14)

If applicable, a copy of the executed lease agreement of the property where the wireless communications facility and/or tower will be located;

(15)

Additional information that the town may request consistent with this code and applicable law to process the application. In the event the town requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation;

(16)

The town shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The consultant fee shall be based upon the hourly rate of the independent technical consultant or expert the town deems necessary to properly evaluate an applications for a tower. The special fee shall be applied to those applications requiring special review or evaluation. The special fee shall be reimbursed by the applicant to the town;

(17)

To the extent not prohibited by applicable law, any application for a wireless communications facility shall also include:

a.

A certification from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities that the proposed facility, including reception and transmission functions, is not expected to interfere with or obstruct transmission to and from existing public safety telecommunications facilities;

b.

A remedial action plan, subject to the town approval, that includes, but is not limited to, procedures to rectify any interference or obstruction with public safety telecommunications, its plans to make all necessary repairs and/or accommodations to alleviate the interference or obstruction, and a period of compliance.

(b)

If the applicant seeks relief from any regulation contained herein, the applicant must provide the nature of the specific relief sought and the engineering justification to demonstrate that, without such relief, applicability of the regulation would have the effect of prohibiting the provision of personal wireless services.

(Ord. No. 12-03, § 2(3-222), 6-20-2012)

The following information must be included in all collocation applications:

(1)

An engineering report from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and with experience with radio frequency and wireless communications facilities that shall include:

a.

A statement of compliance with this article and all applicable building codes, associated regulations and safety standards as provided herein. The statement shall include certification that the existing structure can support the load superimposed from the antennas;

b.

The type of antenna and specific design information shall be provided for all antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any. The following specific information shall be provided:

1.

Equipment brochures for the proposed antenna, such as manufacturer's specifications or trade journal reprints;

2.

Materials of the proposed antenna specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc.);

3.

Colors of the proposed antenna represented by a color board showing actual colors proposed;

4.

Dimensions of the proposed antenna specified for all three directions: height, width and breadth;

5.

A visual impact analysis with a minimum of two photo digitalization or photographic superimpositions of the pre-existing and proposed antenna within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including the antennas, mounts, equipment facilities, cables as well as cable runs and security barrier, if any, for the total height, width and breadth as well as at a distance of 250 feet and 500 feet from all properties within that range or at other points agreed upon in a pre-application conference;

6.

Current wind-loading capacity and a projection of wind-loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted to exceed its wind loading capacity as provided for by the state building code;

7.

A certification that the proposed antenna, including reception and transmission functions, is not expected to interfere with or obstruct transmission to and from existing public safety telecommunications facilities or any other telecommunications services;

8.

A description of geographical service area requirements; and

9.

If necessary, a remedial action plan, subject to the town's approval, that includes, but is not limited to, procedures to rectify any interference or obstruction with public safety telecommunications, its plans to make all necessary repairs and/or accommodations to alleviate the interference or obstruction, and a period of compliance;

(2)

Each applicant shall provide the town with an inventory of its pre-existing telecommunications towers and antennas and the pre-existing sites of any other telecommunications, antennas and wireless communications facilities within a three mile radius of the town;

(3)

A copy of the executed lease agreement of the tower where the wireless communications facility and/or antenna will be collocated; and

(4)

Additional information that the town may request consistent with this article and applicable law to process the application. In the event the town requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation.

(Ord. No. 12-03, § 2(3-223), 6-20-2012)

Applications for wireless communications facility on property owned, leased or otherwise controlled by the town, except for public rights-of-way, shall require a lease agreement approved by the town council and executed by the town and the owner of the proposed wireless communications facility. The town may require, as a condition of entering into a lease agreement, the dedication of space on the facility for public safety telecommunications purposes, as well as property improvements on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.

(1)

No lease granted pursuant to this article shall convey the exclusive right, privilege, permit or franchise to occupy or to use the public lands of the town for delivery of personal wireless services or any other purpose.

(2)

No lease granted pursuant to this article shall convey any right, title or interest in the public lands other than a leasehold interest, and shall be deemed only to allow the use of the public lands for the limited purposes and term stated in the lease. No lease shall be construed as a conveyance of a title interest in the property.

(3)

Any and all collocations or placements of antennas on a wireless communications facility that is located on property owned, leased or otherwise controlled by the town, except for public right-of-way, shall require a separate lease agreement with the town as well as full compliance with the requirements of this article for such collocations and placements of antennas.

(4)

Pursuant to applicable law, the town may contract with a third party to administer town-owned property for purposes of developing town-owned sites, consistent with the terms of this article. Except as specifically provided herein, the terms of this article, and the requirements established thereby, shall be applicable to all telecommunication towers or personal wireless service facilities to be developed or collocated on town-owned sites.

(5)

Town-owned property is exempt from the minimum distance separation and height requirements set forth herein.

(Ord. No. 12-03, § 2(3-224), 6-20-2012)

(a)

It is the intent of the town to encourage collocation of antennas on existing structures and pre-existing towers. Except as provided herein, all towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two users and, at a minimum, lattice or guyed towers shall be able to accommodate three users.

(b)

To encourage such collocation, the community development director may approve an application submitted to collocate antennas on an existing structure, a pre-existing tower, or a stealth facility, consistent with this article. The specific collocation applications indicated in the subsections below shall be subject to approval or denial by the community development director. All other applications shall be subject to approval or denial by the town council.

(c)

Any antenna and related equipment to service the antenna that is being collocated on an aboveground existing structure is not subject to other land development regulations of this chapter if the following criteria are met:

(1)

The existing structure already contains an established antenna and related equipment;

(2)

The existing structure is not nonconforming and may pursuant to state law be expanded; and

(3)

The height of the structure containing the antenna and related equipment would not be increased by the addition of antenna and related equipment.

(d)

Notwithstanding the exemption provided for in this section, construction of the antenna and related equipment is subject to review by the community development director and any other town department or agency for compliance with the town's design standards; life safety codes, including, but not limited to, building codes; and conditions or requirements in any existing permits, agreements, or approvals. Moreover, this section shall not relieve the permit holder for or owner of the existing structure or property of compliance with any applicable condition or requirement of a permit, agreement, or land development regulation, including, but not limited to, any aesthetic requirements, or law.

(e)

Collocation applications requiring only community development director approval.

(1)

Collocations on towers, including nonconforming towers, are subject to only building permit review, which may include a review for compliance with this article, if they meet the following requirements:

a.

The collocation does not increase the height;

b.

The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment facilities and ancillary facilities, except as allowed under this article; and

c.

The collocation consists of antennas, equipment facilities, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment facilities and ancillary facilities and, if applicable, applied to the tower supporting the antennas. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the applicable land development regulations in effect at the time the initial antennas placement was approved.

(2)

Such collocations are not subject to any design or placement requirements of land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. Such collocation applications are not subject to the town council's approval and shall be decided by the community development director.

(f)

Other collocation applications requiring only community development director approval. Except for a historic building, structure, site, object, or district, the following tower collocation applications on all other existing structures shall also be subject to no more than a community development director review if they meet the following requirements:

(1)

The collocation does not increase the height;

(2)

The collocation does not increase the ground space area, otherwise known as the compound, if any, approved in the site plan for equipment enclosures and ancillary facilities;

(3)

The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section at the time of the collocation application; and

(4)

The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subsection (f)(3) of this section and were applied to the initial antennas placed on the structure and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas.

If only a portion of the collocation does not meet the requirements of any of the above subsections, such as an increase in the height or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions of the collocation meet the requirements of this subsection, that portion of the collocation only may be reviewed by the town council. A collocation proposal under this subsection that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment facilities and ancillary facilities by 400 or more square feet or 50 percent or more of the original compound size, shall, however, be reviewed as if it were a new wireless communications facility.

(g)

The replacement of or modification to a wireless communications facility, except a tower, that results in a wireless communications facility not readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, and the replacement or modification of equipment that is not visible from surrounding properties, all as reasonably determined by the town, shall be deemed an application for collocation.

(h)

The owner of the pre-existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of other provisions of these land development regulations to which the pre-existing tower must comply, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this section.

(Ord. No. 12-03, § 2(3-225), 6-20-2012)

To the extent not inconsistent with applicable federal law, all providers of personal wireless services and all owners and/or operators of wireless communications facilities, towers and antennas shall comply with the following:

(1)

Any wireless communications facility, tower, or antenna that causes interference with the operations of public safety telecommunications services shall, after receiving notice, rectify the interference immediately or, to the extent not inconsistent with applicable law, cease transmitting signals (go off the air) at once.

(2)

In the event that the wireless communications facility, tower, or antenna interferes with public safety telecommunications, it shall be the responsibility of the owner and/or operator that creates the interference to make all necessary repairs and/or accommodations to alleviate the problem at its expense. The town shall be held harmless in this occurrence.

(3)

In the event that a provider of personal wireless services and/or an owner and/or operator of a wireless communications facility, tower, and/or antenna interferes with public safety telecommunications, once it ceases transmission of signals (goes off the air) and rectifies the interference, it may not continue to resume providing personal wireless services until it receives approval from the town.

(4)

To the extent not inconsistent with applicable law, if a provider of personal wireless services or the owner or operator of a wireless communications facility, tower or antenna refuses to stop the interference or to cease transmitting signals as required herein, the town may file a complaint with the FCC for resolution and/or seek an injunction against it pursuant to F.S. § 843.025 that makes it unlawful for any person to deprive a law enforcement officer of his radio or to otherwise deprive the officer of the means to summon assistance, or pursue any other remedy authorized by applicable law. Any person who is found to have violated this article shall be punished as provided by applicable law.

(Ord. No. 12-03, § 2(3-226), 6-20-2012)

(a)

The standards listed in this article apply specifically to all antennas, towers and wireless communications facilities, except those owned by the town, located on property owned, leased, or otherwise controlled and approved by the town or as otherwise specified herein. The town reserves the right to modify or waive the requirements for use on public property. The town shall not be required to provide access to town property.

(b)

The construction, maintenance, operation and repair of wireless communications facilities are subject to the regulatory supervision of the town to the full extent permitted by applicable law, and shall be performed in compliance with all laws, ordinances and practices affecting such facility, including, but not limited to, zoning codes, building codes, and safety codes, and as provided in this article. The construction, maintenance, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association.

(c)

All telecommunication towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas prior to issuance of a building permit by the town. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications tower, antenna or wireless communications facility at the owner's expense.

(d)

To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain telecommunications towers in compliance with the state building code, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted to the town by a licensed engineer certifying compliance with this section upon completion of construction and/or subsequent modification. Where an existing structure, including poles, is requested as a stealth facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this article and all other applicable standards as may be amended from time to time. Following the issuance of a building permit, the town shall require an analysis of a soil sample from the base of the telecommunications tower site.

(e)

Telecommunications towers, wireless communications facilities and antenna owners shall submit an annual report to the community development director within the last 30 days of the town's fiscal year, each year, including, but not limited to:

(1)

A summary of any and all complaints of interference with public safety telecommunications within the town that includes remedial measures that were taken to rectify or eliminate interference, and any other information which may be reasonably required to monitor the telecommunication towers and antenna owner's compliance with this article; and

(2)

A certification of the wireless communications facilities, towers or antenna's structural and electrical integrity.

(f)

The town reserves the right to conduct periodic inspection of wireless communications facilities, towers, and antennas at the owner's expense, to ensure structural and electrical integrity and compliance with this article. The owner of the wireless communications facilities, towers, or antennas may be required by the town to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the wireless communications facility, tower, or antenna is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant additional inspections. The owner of a wireless communications facility, tower or antenna may be required by the town to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. If, upon inspection, the town concludes that a wireless communications facility, tower, or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner, the owner shall commence work within 30 days to bring such wireless communications facility, tower, or antenna into compliance with such standards. Failure to bring such wireless communications facility into compliance within 60 days of notice shall constitute grounds for requiring the removal of the facility at the owner's expense. The town reserves the right to require additional inspections if there is evidence that a tower or a wireless communications facility has a safety problem or is exposed to extraordinary conditions. During the inspection, the community development director will ensure structural and electrical integrity and compliance with the state building code, as amended, the code of the town, as amended, and other applicable codes and regulations. Additionally, towers shall be inspected once every five years by a state licensed engineer, at the tower owner's expense, and the results submitted to the community development director. Tower owners shall also submit a report to the town certifying structural and electrical integrity every two years. The report shall be accompanied by a non-refundable fee of $200.00 to reimburse the town for the cost of review. Based upon the results of the inspection, the community development director may require repair or removal of a wireless communications facility or tower.

(g)

The town prohibits the placement of a telecommunications tower and antennas in a residential area or residential zoning district unless the applicant demonstrates to the satisfaction of the town that it cannot reasonably provide its personal wireless service to the residential area or zone from outside the residential area or zone. In such a case, the town and the applicant shall cooperate to determine an appropriate location for an antenna of an appropriate design within the residential area or zone. The applicant shall reimburse any and all reasonable costs and expenses incurred by the town for this cooperative determination, including attorney's fees. Such application for cooperation shall be accompanied by an application fee in the same amount as for a new tower. The cooperation application shall not be subject to the timeframes contained in this code for granting and denying applications.

(h)

Wireless communications facilities shall be permitted in the following preferred zoning districts and siting alternatives hierarchies:

(1)

Town-owned property, regardless of zoning district, is the first priority for siting of wireless communications facilities. The preferred zoning districts order of ranking is from highest (a.) to lowest (g.). Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

a.

Parks;

b.

Public;

c.

Town center;

d.

Transit corridor;

e.

Planned development;

f.

Multifamily residential; and

g.

Any other zoning district in accordance with subsection (g) of this section.

(2)

The order of ranking for siting alternatives is from highest (a.) to lowest (g.) as referenced below. Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

a.

Collocation on existing stealth tower on town-owned property in a preferred zoning district.

b.

Collocation on existing telecommunications tower on town-owned property in a preferred zoning district.

c.

Collocation on existing structures on town-owned property in a preferred zoning district

d.

Collocation on existing telecommunications tower in a preferred zoning district.

e.

Attachment of antenna on a current wireless communications facility in a preferred zoning district.

f.

New stealth tower in a preferred zoning district.

g.

New telecommunications tower in a preferred zoning district.

(3)

On property owned by the town, the town shall authorize the application and use of town property after the applicant executes a lease agreement acceptable to the town. The town shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

(Ord. No. 12-03, § 2(3-227), 6-20-2012)

(a)

Unmanned communication buildings shall comply with the setback requirements of the zoning district where such buildings are situated.

(b)

An unmanned communication building shall be a permanent structure not to exceed 250 square feet in floor area. More than one unmanned communication building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, does not exceed 750 square feet. If the site contains more than one building, the required distance separation between the buildings may be excused.

(Ord. No. 12-03, § 2(3-228), 6-20-2012)

(a)

Except where a variance is granted, every telecommunications tower must meet the following minimum standards.

(b)

The height of a telecommunications tower shall not exceed 100 feet. Tower height shall be measured from the crown of the road of the nearest public street.

(c)

All telecommunication towers shall be designed and constructed with the capability of supporting a minimum of two collocation connections. At a minimum, self-support/lattice or guyed towers shall be able to accommodate three users.

(d)

Telecommunication towers or antennas shall be approved by the Federal Aviation Administration (FAA), Miami-Dade County Aviation Authority or other appropriate agency prior to issuance of a building permit by the town. Prior to the issuance of a building permit by the building division and/or community development director, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(e)

All proposed telecommunication towers shall comply with current radio frequency emissions standards of the FCC.

(f)

All telecommunication tower sites must comply with the landscaping requirements of the town in force at the time the application for a telecommunication tower site plan application is submitted to the town. An eight-foot fence or wall constructed in accordance with these land development regulations, as measured from the finished grade of the site, shall be required around the base of any tower and may be required around any accessory building or structures.

(g)

Landscaping, consistent with the requirements of these land development regulations, as amended, shall be installed around the entire perimeter of the fence or wall, encircling the leased premises on which said telecommunication tower shall be placed. Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The town council, upon site plan review, may require landscaping in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall.

(h)

Landscaping, consistent with the requirements of the Town Code, as amended, shall be installed around any accessory buildings or structures. In addition to the town's landscaping requirements, at a minimum the following landscaping shall be provided:

(1)

A row of shade trees at least eight feet in height, at a maximum distance of ten feet apart, shall be planted around the perimeter of the fence;

(2)

A continuous hedge at least 30 inches in height at planting and capable of growing to a height of 36 inches within 18 months shall be planted on the outside of the perimeter of the fence and tree line;

(3)

All landscaping shall be properly maintained to ensure good health and viability; and

(4)

In locations where the impact of the wireless communications facility would be minimal, the community development director may waive or reduce the landscaping requirements.

(i)

Telecommunication towers shall only be located on leased premises larger than 2,500 square feet.

(j)

Warning signs for high voltage and trespassing.

(1)

No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of an antenna or tower. Any signs placed in violation of this section shall be removed immediately at the facility owner's expense.

(2)

If high voltage is necessary for the operation of the telecommunication tower, associated equipment, or backhaul network or any accessory structures, "HIGH VOLTAGE—-DANGER" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart.

(3)

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart.

(4)

The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade.

(5)

The warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping.

(k)

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made.

(l)

The minimum setbacks shall conform to the zoning districts where the towers are situated. The community development director may administratively reduce the minimum setbacks required in the paragraph above, depending on the type of tower to be used (i.e., a monopole tower versus a guyed tower).

(m)

All telecommunication towers shall be located no closer than 100 percent of the height of the tower from residential areas or districts, as measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

(n)

The minimum distance separation between an existing tower and a proposed tower shall be no less than one mile. When a stealth/camouflaged facility or tower is proposed to be used by the applicant, or an existing tower or structure that serves another purpose, then in that event, the community development director may administratively approve a reduction to the minimum separation requirements by not greater than 50 percent of the minimum separation, providing that the proper landscaping and/or buffering is approved by the director.

(o)

All buildings and other structures to be located on the same property as a telecommunications tower shall conform to the setbacks established for the underlying zoning district.

(p)

Any requests which deviate from the aforementioned regulations shall be subject to an administrative variance.

(q)

Each application for a wireless communications facility may be required to include written approval or a statement of no objection from other state agencies that may regulate wireless communications facility siting, design, and construction.

(r)

Removal of abandoned or unused facilities. A provider who has determined to discontinue its operations or part of its operations in the town must either:

(1)

Remove its own facilities;

(2)

Provide information satisfactory to the director that the provider's obligations for its equipment in the public right-of-way or public easement or private property under this article have been lawfully assumed by another provider; or

(3)

Submit to the community development director a proposal and instruments for transferring ownership of its equipment to the town. If a provider proceeds under this clause, the town may, at its option:

a.

Assume ownership of the equipment with a $10.00 nominal consideration;

b.

Require the provider, at its own expense, to remove it; or

c.

Require the provider to post a bond in an amount sufficient to reimburse the town for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding paragraph and which, for 12 months, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The town may exercise any remedies or rights it has at law or in equity, including, but not limited to:

1.

Abating the nuisance;

2.

Taking possession of the equipment and restoring it to a useable condition; or

3.

Requiring removal of the equipment by the provider or by the provider's surety under the bond required by section 3-233.

Telecommunication towers being utilized for other purposes, including, but not limited to, light standards and power poles, may be exempt from this provision.

(s)

The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited.

(t)

All accessory buildings or structures shall meet all building design standards as listed in these land development regulations, and in accordance with the provisions of the state building code. All accessory buildings or structures shall require a building permit issued by the building division and/or community development director.

(u)

Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over such facilities, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray, earth tones of appropriate shades of green, or such other colors as determined to be appropriate for each site by the community development director.

(Ord. No. 12-03, § 2(3-229), 6-20-2012)

(a)

Antennas on rooftops or building mounted shall be permitted as an accessory use in all preferred zoning districts except in the residential zoning districts, subject to the procedure and requirements provided elsewhere in this article, as follows:

(1)

No commercial advertising shall be allowed on an antenna;

(2)

No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or the Federal Aviation Administration (FAA);

(3)

Any related unmanned equipment building shall not contain more than 250 square feet of gross floor area or be more than ten feet in height;

(4)

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area;

(5)

Antennas, and related equipment buildings, shall be set back a minimum of 20 feet from the edge of the building or rooftop, located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; and

(6)

Antennas shall only be permitted on buildings which are at least 50 feet tall. Antennas may be placed on buildings less than 50 feet tall if the community development director determines that public safety needs warrant the antenna.

(b)

Building rooftop stealth antennas may not extend more than 20 feet above highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof if the community development director determines that public safety needs warrant additional height.

(c)

Building rooftop non-stealth antennas may not extend more than ten feet above highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof if the community development director determines that public safety needs warrant additional height.

(d)

To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the community development director, why the stealth antenna (i.e., an antenna incorporated into the architecture of the building or fully screened from view from sight proximate to the antenna) cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(e)

Antenna dimensions shall be reviewed by the community development director as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, and competent to evaluate antenna choices, to certify the need for the required dimensions.

(1)

Whip (omni-directional) antennas and their supports must not exceed 15 feet in height and three inches in diameter and must be constructed of a material or color which matches the exterior of the building.

(2)

Microwave dish antennas located below 65 feet above the ground may not exceed six feet in diameter, and when located 65 feet or higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets or adjacent properties.

(3)

No more than five dish antennas shall be installed on a monopole tower.

(f)

Prior to the issuance of a building permit by the building division and/or community development director, the applicant shall provide evidence that the telecommunications towers or antennas are in compliance with FAA regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(g)

The location of a new antenna in any zoning district other than the preferred zoning districts specified in this article shall be prohibited unless approved as a conditional use at a public hearing by the town council.

(Ord. No. 12-03, § 2(3-230), 6-20-2012)

(a)

No telecommunications towers or equipment facilities may be installed or placed in public right-of-way with the exception that antennas and its associated equipment facility may be placed on any pole that has been already installed or placed in the right-of-way, with the consent of the pole owner, subject to the standards in this section.

(b)

Development standards.

(1)

Any antenna to be installed in the right-of-way, and its accompanying equipment facilities, shall be subject to all site plan review and permitting requirements of the town. No more than one service provider may locate antennas on a single pole.

(2)

When installing an antenna on a pole, any and all associated equipment shall not be placed on the ground in the right-of-way, and shall be placed in any of the following areas:

a.

Underground in the right-of-way;

b.

On an adjacent property, with the consent of the property owner, provided that all the wiring is underground; or

c.

On the pole itself.

(3)

Before installing any antenna on any pole already installed in the right-of-way, an applicant must complete the antenna application pursuant to this article and must also comply with the other applicable sections of this article. An application pursuant to this section shall not be deemed a collocation application.

(4)

No antenna may be installed under this section until the applicant fully complies with all the indemnification and insurance requirements of this article.

(5)

An antenna may be mounted on an existing pole, with the consent of the pole owner, provided the height of the antenna does not extend more than ten feet above the top of such pole. An existing pole may be modified, replaced or rebuilt to accommodate an antenna so long as the height of such pole is not increased by more than ten feet from its existing height.

(Ord. No. 12-03, § 2(3-231), 6-20-2012)

(a)

A telecommunications tower that is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same telecommunications tower type as the existing tower, unless the town allows reconstruction as a monopole pursuant to this section.

(b)

An existing telecommunications tower may be modified or rebuilt to a taller height to accommodate an additional antenna. Such modification or rebuild of the tower shall require the approval of the town council. The new height shall comply with the requirements of this article.

(c)

A telecommunications tower that is being rebuilt to accommodate an additional antenna and which requires movement on-site from its existing location shall require the applicant to submit an application for a new tower. After the telecommunications tower is rebuilt to accommodate collocation, only one telecommunications tower may remain on the site. A relocated on-site telecommunications tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to this section. The relocation of a telecommunications tower pursuant to this section shall not be deemed to cause a violation of the separation requirements contained herein.

(d)

Minor modification of a wireless communications facility shall not require an additional approval so long as the modification does not change the height of the telecommunications tower, enlarge the antenna array, enlarge the equipment facility and does not involve any collocation. All other modifications shall require approval.

(e)

A pre-existing tower, including a nonconforming tower, may be structurally modified to permit collocation or may be replaced through no more than an administrative review and building permit review, and is not subject to a public hearing, provided the overall height of the tower is not increased. In the case of a replacement where the replacement tower is a monopole tower or, if the pre-existing tower is a stealth tower, the replacement tower is a like-stealth tower.

(f)

Legal nonconforming telecommunications towers or antennas that are damaged or destroyed may be rebuilt subject to section 3-11(7). Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the telecommunications tower or antenna shall be deemed abandoned as specified in this article.

(Ord. No. 12-03, § 2(3-232), 6-20-2012)

(a)

The town shall not enter into any lease agreement for town owned property until and unless the town obtains an adequate indemnity from such provider. The indemnity must at least:

(1)

Release the town from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the wireless communications facility.

(2)

Indemnify and hold harmless the town, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the town or any third party arising out of, or by reason of, or resulting from or of each wireless communications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions.

(3)

Provide that the covenants and representations relating to the indemnification provision shall survive following the term of any agreement and continue in full force and effect for at least one year following the termination of the party's agreement as to the party's responsibility to indemnify.

(4)

In no event shall the town indemnify a service provider and/or the owner or operator of a wireless communications facility.

(b)

The town shall not grant or approve an application for the installation of a tower, antenna and/or wireless communications facility and shall not enter into any lease agreement for town owned property until and unless the town obtains assurance that such applicant or lessee (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied:

(1)

A wireless communications facility owner shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the town manager, nor shall a wireless communications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the wireless communications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the town may order such entities to stop operations until the insurance is obtained and approved.

(2)

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the town. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.

(3)

These certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least 30 days prior written notice has been given to the town. Policies shall be issued by companies authorized to do business under the laws of the state. The town may amend its requirements pertaining to insurance from time to time and may require additional provisions pertaining to such insurance in a lease.

(4)

In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the town, then in that event, the wireless communications facility operator shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof of equal and like coverage for the balance of the period.

(c)

A wireless communications facility operator and its contractors or subcontractors engaged in work on the operator's behalf shall maintain adequate insurance to cover liability, bodily injury and property damage in the amount to be determined by the town at the time of application. Exposures to be covered include premises, operations, and those certain contracts relating to the construction, installation or maintenance of the wireless communications facility. Coverage shall be written on an occurrence basis. Certificates of insurance reflecting evidence of the required insurance shall be filed with the town.

(d)

Prior to any construction, every service provider, whether on public or private property within the town, shall establish a cash security fund, or provide the town with an irrevocable letter of credit subject to the town attorney's approval, in the amount specified in an agreement, permit, or other authorization as necessary to ensure the provider's faithful performance of construction and compliance with this article. The minimum amount of the security fund for each telecommunications tower shall be $25,000.00 and the minimum amount for each antenna shall be $5,000.00.

(e)

In the alternative, at the town's discretion, a service provider may, in lieu of a cash security fund or letter of credit, file and maintain with the town a bond in the same amounts as required in subsection (a) of this section. The provider and the surety shall be jointly and severally liable under the terms of the bond. The bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the town attorney; and shall provide that "This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the town, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(f)

The rights reserved by the town with respect to any security fund or bond established pursuant to this section are in addition to all other rights and remedies the town may have under this article, a lease, or at law or equity.

(g)

Any person, firm or corporation who knowingly breaches any provision of this article shall, upon receipt of written notice from the town, be given a time schedule to cure the violation. Failure to commence to cure the violation within 30 days and to complete cure, to the town's satisfaction, within 60 days, or such longer time as the town may specify, shall result in revocation of any permit or license and the town shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law.

(h)

In addition to revoking any permit or license for violation of this article, the town may enforce this article pursuant to the Local Government Code Enforcement Act, F.S. ch. 162, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.

(Ord. No. 12-03, § 2(3-233), 6-20-2012)