(a)

Definitions.

Antenna shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Co-location shall mean telecommunications towers that have the potential to have three or more carrier antennas located on it.

Guyed tower shall mean a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice tower shall mean a telecommunications tower that is constructed with a series of struts forming a non-solid surface tower, without guy wires standing on and fastened to an in-ground pier.

Microwave shall mean a dish antenna, or a dish-like antenna used to link communication sites together by wireless transmission of voice or data.

Monopole tower shall mean a telecommunications tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires with ground anchors.

Panel antenna shall mean an array of antennas designed to concentrate a radio signal in a particular area.

Personal wireless services shall mean any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communication Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.

Stealth facility shall mean any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, mono-power poles or trees.

Telecommunications tower shall mean a monopole tower constructed as a free-standing structure greater than 35 feet and no more than 165 feet in height including antenna, which supports communication, transmission or receiving equipment. The term includes towers for the transmission or receiving television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of electronic communication. The term excludes radar towers, radio support structures licensed by the FCC, transportable communication devices, private home use of satellite dishes and television antennas and satellite earth stations. Guyed and lattice towers are strictly prohibited and are not considered a telecommunication tower.

Whip antenna shall mean a cylindrical antenna that transmits signals in 360 degrees.

(b)

Findings and intent. The town has received requests to consider sites for telecommunications towers but land development regulations do not expressly identify specific procedures to address issues relating to the approval of locations for telecommunications towers. Therefore, it is the intent of this section to provide specific procedures and requirements to address issues that are particular to the approval of telecommunications towers upon parcels located in the town. Accordingly, the town council finds that the promulgation of this section is warranted and necessary:

(1)

To protect residential areas and land uses from the potential adverse impacts of telecommunications towers when placed at inappropriate locations or permitted without adequate controls and regulation consistent with the provisions of law;

(2)

To minimize the adverse visual impacts resulting from telecommunications towers through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with generally acceptable engineering and planning principles and the public health, safety and welfare;

(3)

To avoid potential damage to adjacent properties through sound engineering and planning and the prudent and careful approval of telecommunications tower sites and structures;

(4)

To require shared use/co-location of existing and new telecommunications towers (capability of having space for three or more carriers) to avoid proliferation of towers throughout the town;

(5)

To ensure that location of telecommunications towers is consistent with the provisions of the Town of Orchid Comprehensive Plan, the Treasure Coast Regional Policy Plan, the state comprehensive plan as well as the provisions of state and federal law;

(6)

To fix a fair and reasonable fee, by resolution of the town council, to be paid to the town for the privilege to locate a telecommunications tower in the town and defray the administrative costs of reviewing the applications. Also, a fee shall apply separately to each antenna user on the tower or other support structure;

(7)

To discourage new telecommunication towers and to encourage the use of existing structures including, but not limited to, rooftops, sports lighting, utility poles, flag poles, and church steeples for deploying personal wireless service facilities; and

(8)

To encourage the use of the lowest height technology to provide personal wireless services including, but not limited to, micro cell technology.

(c)

Applicability; Interpretation.

(1)

All telecommunications towers and antennas in the town shall be subject to these regulations and all other applicable regulations. For purposes of measurement, telecommunications tower setbacks as listed in subsection (f)(1) shall be calculated and applied to facilities located in the town, irrespective of other municipal and county jurisdictional boundaries.

(2)

All communications antennas (i.e., stealth rooftop or building mounted antennas) which are not attached to telecommunications towers shall comply with subsection (f)(11).

(3)

This section is not intended to prohibit the deployment of Distributed Antenna Systems (DAS) and small-cell facilities such as femtocell, picocell, and other similar unobtrusive equipment, in buildings and outdoor areas for the specific purpose of providing personal wireless services to residents and businesses within the town, provided the installation of such equipment complies with applicable provisions of this section and the town code including, but not limited to, land development, building, and safety regulations.

(4)

To the extent permitted by law, this section shall be construed or interpreted to prohibit the permitting and installation of a telecommunication tower or communication antennae that will substantially interfere with personal wireless services being provided by any existing DAS or small-cell facility installed and deployed to cover significant geographical areas within the town.

(d)

Location, permitted uses and conditional uses.

(1)

All telecommunication towers shall comply with the following development standards:

(i)

They shall be located as far as technically feasible from properties that are designated residential on the town's future land use or zoning maps and shall comply with all other applicable distance standards which are set forth in the town code;

(ii)

To the extent technically feasible, the lowest height technology shall be incorporated including, but not limited to, micro cell technology;

(iii)

Towers shall be erected to a height that is the minimum height necessary to technically serve the applicant's needs, but not exceeding the lesser of 165 feet or a height calculated based on a tower setback of 125 percent of the tower height measured at grade from the base of the tower to the closest residentially zoned property line;

(iv)

The most effective stealth technology (including stealth towers) shall be incorporated;

(v)

The location shall be the least visually intrusive location in the community;

(vi)

The proposed tower shall be located in an area where the visual impact on the community is minimized to the greatest extent practicable;

(vii)

Antennas shall be close-mounted or concealed. However, concealment shall be encouraged and preferred to the greatest extent practicable; and

(viii)

The visual impact of all towers shall be reduced or eliminated to the maximum extent possible by concealment camouflage, and disguise.

(2)

In addition to the standards set forth in subsection (1) above, a telecommunication tower shall be permitted as a conditional use at the following locations, provided the proposed tower complies with the standards of this section and complies with the conditional use criteria set forth in Chapter 54 of the town code:

a.

On an existing commercial building, not located or incorporated within a single family residential area, provided the tower does not extend more than ten feet above the roof line of the building and the tower does not exceed the applicable maximum height limitation in the town code; or

b.

Within (enclosed) an existing structure (for example, a flag pole or church steeple) which exists for a primary purpose other than for personal wireless services. It is the intent of this subsection to take advantage of existing structures for providing personal wireless services and not to allow the construction of new structures for said purposes; or

c.

Upon existing utility structures, provided the structure is not located within a single family residential area, the tower does not extend more than ten feet above the top of the existing structure, and the tower does not exceed the applicable maximum height limitation in the town code; or

(3)

If an applicant presents to the town competent substantial evidence which demonstrates that the locations listed in subsection (d)(2) are not available or are not technically feasible for the location of a tower, a telecommunication tower shall be considered a conditional use on the following preferred sites, which are listed in order of preference. The preferred sites shall be considered in the sequence listed below and the applicant shall be required to demonstrate, based on technical feasibility, that a more preferred site is not available or not suitable before requesting a lessor preferred site:

a.

Property which has a future land use designation of commercial.

b.

Densely wooded or concealed areas of the town. If a new telecommunication tower is placed within trees or wooded areas, the tower shall be concealed by the surrounding trees or wooded areas to the maximum extent possible to minimize the visibility of the tower from any road, occupied building, and fairway if located near a golf course. Trees can be existing on the subject property or installed to meet the requirements of this subsection, or they can be a combination of both.

c.

On an existing multi-family residential building, provided the tower does not extend more than ten feet above the roof line of the building and the tower does not exceed the applicable maximum height limitation in the town code; or

All other locations shall be prohibited. Further, the construction of a tower for speculative purposes shall be prohibited. For purposes of this Code, it shall be deemed prima facie evidence that a tower is being built for speculative purposes if the applicant cannot provide with the application written evidence that one or more carriers have committed to locate on the proposed tower within three months of the construction of the tower for a period of at least five years.

(e)

Site plan; application; technical supporting data.

(1)

Any telecommunications company or entity that intends to install a telecommunications tower in the town shall file a site plan for review and approval by the town in accordance with the town code. All proposed towers requiring conditional use approval shall be subject to town council approval, approval with conditions, or denial.

(2)

All applications shall contain the information required by the town to process applicable building permits, site plan permits, and any other required development permits. Applications shall be processed within the time frames required by law. Additionally, at a minimum, the following information shall also be provided by the applicant:

a.

Name, address, telephone number, and original signatures of the applicant and all co-applicants.

b.

Detailed description of the request.

c.

Location information including legal description of subject property, parcel identification, geographic coordinates, and name of nearest roads, street addresses, or other landmarks.

d.

Scaled elevation and engineering drawings depicting the proposed tower and related facilities including all mounts, antennas, collocation spaces, and equipment facilities.

e.

A current property appraiser aerial delineating the subject property, the proposed tower and related facilities within 1,000 feet of the proposed tower and facilities.

f.

For proposed towers within trees and wooded areas, a tree survey identifying the type, size (DBH) and height of existing and/or proposed trees within a 75 foot radius of the proposed tower and related facilities.

g.

Future land use and zoning designation of the subject property.

h.

Any applicable letters of approval for the proposed request received by the applicant from any other government agency including the FAA, FDOT, and FCC (if permitted by law).

i.

Documentation of location and site selection process, including search ring, location and siting criteria, alternative sites in the area, and site selection methodology.

j.

To the extent permitted or required by law, technical data, maps and analysis showing the area to be served by the proposed tower and personal wireless service facilities and any claimed gaps in coverage where the applicant desires to erect a tower. In addition, technical data and maps demonstrating any other proposed, existing, and authorized towers in the service area as the proposed tower and related facilities.

k.

Documentation evidencing that one or more carriers have committed to locate an antennae on the proposed tower for purposes of providing personal wireless services.

(3)

The applicant shall provide a visual impact report that provides a line-of-sight analysis including scaled and colored front, side, and rear elevation drawings or photographs that depict the proposed tower and related facilities. The drawings or photographs shall also depict any significant natural and manmade features that affect the buffering of the potential visual impact of the proposed tower and related facilities. Upon receipt of the visual impact report, the town may require the applicant to conduct a visual impact demonstration consisting of a minimum of two hour balloon test, which shall demonstrate the maximum height of the proposed tower. The balloon test shall be scheduled with the town and representatives of the town shall be present at the proposed site for purposes of evaluating the test.

(4)

For purposes of demonstrating technical feasibility under this section, the applicant shall be required to submit, in conjunction with a site plan application and to the extent permitted or required by law, technical data indicating that the proposed tower is the only technically feasible available site to assure telecommunications services coverage needs to area citizens and that other aesthetically less intrusive alternatives (e.g., small-cell facilities) are not more aesthetically compatible to the area than the proposed tower in order to meet the coverage needs of area citizens. Further, such technical data is not for speculative, untried telecommunications uses, but is for current technology recognized or approved for service area needs and market conditions under applicable state, federal or local laws, regulations or ordinances. All such technical data shall be provided at cost to the applicant. The town may, in approximate cases in its sole discretion, retain the service of technically competent consultants to evaluate the data submitted by an applicant to justify an additional tower pursuant to this section. The applicant shall post a deposit with the town manager in a sum such that the applicant for the additional telecommunication tower pays the full cost of technical review of such tower by town's consultant.

(f)

Performance standards/design criteria.

(1)

Setbacks.

a.

Telecommunications tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located.

b.

The setback requirements shall be a minimum of ten feet from any lot line and shall comply with setback requirements in this section or the town code for setbacks from adjoining uses.

(2)

Separation of towers from off-site uses used to calculate maximum tower height. Separation distances between telecommunications towers and the lot line of any residential zoned property shall be used to determine the maximum height of a proposed tower. The maximum height of any tower shall not exceed 165 feet provided however that the distance from the tower base to the nearest lot line of residentially zoned property shall be a minimum of 125 percent of the tower height.

(3)

Measurement of height.

a.

Measurement of telecommunications tower height shall include antenna, base pad, and any and all other appurtenances and shall be measured from the finished grade of the parcel on which the telecommunications tower is located.

b.

Telecommunications towers shall not exceed 165 feet in height which shall include the antenna.

(4)

Illumination. Telecommunications towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration.

(5)

Finished color. Telecommunications towers not requiring FAA painting/marking shall be of such color that will blend with the surrounding environment.

(6)

Structural design.

a.

Site plan(s) are required and shall be submitted for approval as provided in Chapter 78 of the town code.

b.

Telecommunications towers shall be constructed in accordance with the EIA/TIA 222-G Standards, which may be amended from time to time, the "Minimum Design Loads for Buildings and Other Structures", Standard ASCE 7-10, (Wind Loads Chapter), as published by the American Society of Civil Engineers, and further defined in, "Wind Loads: Guide to the Wind Load Provisions of ASCE 7-10"; both of which may be amended from time to time, in effect at the time of said improvement or addition, and all Town of Orchid construction/building codes as indicated in a statement signed, sealed and dated by a professional engineer licensed to practice in the State of Florida.

c.

Such statement shall also describe the tower's capacity, number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load imposed by the tower.

d.

All new telecommunications towers, and those existing towers to be modified, shall have the capability of having space for three or more carriers. Upon request by the town, one of these spaces shall be reserved exclusively for the use of the Town of Orchid. Tower owners shall accommodate other antenna users on their towers.

e.

Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) shall require submission of a site plan signed, sealed and dated by a professional engineer licensed in the State of Florida which provides substantial competent evidence of compliance with the EIA/TIA 222-G Standards, which may be amended from time to time; the "Minimum Design Loads for Buildings and Other Structures", Standard ASCE 7-10, (Wind Loads Chapter), as published by the American Society of Civil Engineers, and further defined in, "Wind Loads: Guide to the Wind Load Provisions of ASCE 7-10"; both of which may be amended from time to time, in effect at the time of said improvement or addition.

(7)

Public notice. Notice of any request, under this section, shall be published (in a newspaper of general circulation) and personal notification shall be given to all property owners located within three times the height of the tower area. Personal notification shall mean notice sent by first class U.S. Mail, and to the board of directors of any duly recognized homeowners association, property owners association, or private golf club. The cost of such notice shall be paid by the applicant.

(8)

Signage. No commercial signage or advertising shall be permitted on a telecommunication tower unless otherwise required by law or the signage pertains only to the posting of the property relative to trespassing. The use of any portion of a tower or perimeter fence/wall for signs or advertising purposes, including company name, banners, streamers, etc., shall be prohibited.

(9)

Fencing.

a.

A vinyl coated chain-link fence or masonry wall not less than eight feet in height from finished grade shall be installed by the applicant around each telecommunications tower. Barbed wire or other fencing method to prevent pedestrian access to the tower, not to exceed two feet in height, may be installed along the top of the fence or wall, but shall not be included when calculating the height of the fence or wall.

b.

Access to the tower through the fence or wall shall be through a gate which shall be locked at all times the tower site is not being occupied by the person or entity in charge of the telecommunications tower or site.

(10)

Landscaping. The visual impacts of a telecommunications tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures in order to maintain visual aesthetics for those who must view the site on a regular basis including, but not limited to, proximate residents and the travelling public. The following landscaping and buffering requirements shall be required around the perimeter of the tower and accessory structures;

a.

A row of shade trees of minimum of eight feet tall that will reach heights of 40 plus feet, two and one-half inches in caliper, and a maximum of ten feet apart shall be planted around the outside perimeter of the fence/wall;

b.

A continuous hedge shall be planted in front of the tree line referenced above; it shall be at least thirty inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above;

c.

All landscaping shall be of the evergreen variety being a minimum quality of Florida #1.

d.

All landscaping shall be xeriscape tolerant and shall be properly maintained by the telecommunications tower owner/operator to ensure good health and viability. The use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements.

(11)

Antennas on buildings. Stealth rooftop or building mounted antennas may be erected. Any stealth rooftop or building mounted antennas which are not attached to a telecommunications tower, shall be a permitted ancillary use to any commercial use or utility installation, provided that:

a.

Antennas shall only be permitted on buildings which are at least 50 feet in height (the height requirement may be waived if public safety needs warrant the antenna);

b.

Antennas may not extend more than 20 feet above the highest point of a roof (this requirement may be waived if public safety needs warrant additional height);

c.

Antennas and related equipment buildings shall be 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;

d.

No commercial advertising shall be allowed on an antenna or supporting structure;

e.

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

f.

No more than one total unmanned equipment building shall contain more than 750 square feet of gross floor area or be more than 12 feet in height. All building shall be subject to regulations of the building department; and

(12)

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

(13)

Schedule of structural integrity. Unless otherwise waived by the town, telecommunication tower owners/operators shall submit to the building official a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting to the structural and electrical integrity of the tower on the following schedule:

a.

All towers examined one year after initial construction.

b.

All towers every five years;

c.

The town may require such certified statement after a nearby unusually severe storm event as determined by the (NOAA) National Weather Service.

(14)

Transmission/reception interference. Each application to allow construction or modification of a telecommunications tower shall include a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting that the construction of the tower, including receiving and transmitting functions, shall not, based on applicable federal regulations, interfere with public safety communications, existing DAS or small-cell facilities deployed to cover a significant geographical areas within the town, and the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and non-residential properties.

(15)

Prohibitions with certain principal uses. Telecommunications towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals. This prohibition does not apply to emergency generators.

(g)

Co-location of communications antennas. The Town of Orchid desires to minimize the number and general proliferation of communication towers. This section is intended to insure that telecommunication towers that are permitted within the Town of Orchid are utilized in a manner that provides for the maximum number of service providers upon each tower within the context of technical feasibility and safety.

Further, this section is intended to minimize the number of such towers within the town. Specifically, as a minimum, telecommunications towers exceeding 100 feet in height shall be engineered and constructed to accommodate three communication providers. The town shall have the authority to require, specify and otherwise stipulate that telecommunication towers be engineered and constructed in a manner that provides for three co-locations as part of the conditional use and/or site plan approval processes. As a condition of approval of all telecommunication towers and to the extent that co-location is technically feasible, all owners of existing telecommunication towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional communication service providers upon such existing telecommunication tower. Applicants desiring to construct new telecommunication towers shall submit written documentation that clearly explains the need for and reasons for the proposed construction of a new telecommunication tower rather than locating proposed antenna array/communication equipment upon an existing tower. Such documentation shall include plans of existing and future towers by the applicant/provider in question, correspondence with existing telecommunication tower owners and may include a cost analysis of alternatives. Existing service providers, e.g., existing telecommunication tower owners, that are unwilling, upon request of another service provider, to allow co-location upon such existing tower, shall submit written documentation to the town with reasons and justification as to why such co-location cannot be accomplished. Competition between service providers shall not be considered to be a valid reason for preventing or otherwise obstructing co-location. The town shall determine whether the applicant and/or existing provider are reasonable and correct in their respective assertions. If the town determines that either party is being unreasonable or otherwise uncooperative, the town shall deny the applicant's request for a new tower and/or the town may cause the existing telecommunication tower's approval to be revoked and said existing tower to be removed. Such determination involving existing tower owners shall be made in writing and adopted by a majority vote of the town council upon holding an advertised public hearing and notification of the owner at least 15 days prior to such hearing. Upon adoption of such determination by the town council, the existing tower owner and the property upon which such tower is located shall be considered to be a violation of the town code and shall be subject to any and all remedies and penalties thereof.

To minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, co-location of communications antennas by more than one carrier on existing or new telecommunication towers shall take precedence over the construction of new single-use telecommunications towers as follows:

(1)

Proposed communications antennas shall co-locate onto existing telecommunications towers.

(2)

Type of construction. A telecommunications tower which is reconstructed to accommodate the co-location of an additional communications antenna shall be of a monopole tower type. Stealth-designed monopoles are encouraged.

(3)

Height. An existing telecommunications tower may be modified or rebuilt to the allowed height including antennas by compliance with this article.

(4)

Onsite-location.

a.

A telecommunications tower which is being rebuilt to accommodate the co-location of an additional communications antenna may be moved onsite, but shall comply with or maximize setback requirements from residentially zoned property.

b.

After a telecommunication tower is rebuilt to accommodate co-location, only one tower shall remain on the site.

(h)

Certification of compliance with Federal Communications Commission (FCC) NIER Standards. Prior to receiving final inspection by the building official, documented certification shall be submitted to the FCC, with copy to the town manager, certifying that the telecommunications facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).

(i)

Abandonment.

(1)

In the event the use of any telecommunications tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affidavits from the telecommunications tower owner/operator regarding the issue of tower usage. The telecommunications tower owner/operator shall provide all requested information within ten working days of a request being made, and failure to so provide shall be deemed to constitute 180 days of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional 90 days within which to:

a.

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

b.

Dismantle and remove the tower. With regard to towers that received conditional use approval, 90 days after dismantling or the expiration of the 270 day period as set forth in this section, the conditional use and/or variance for the tower shall automatically expire.

(2)

The Town of Orchid, upon abandonment, and at its discretion, may assume ownership of the tower at no cost, or require the owner to dismantle the tower at the owner's expense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and returned to its natural state.

(3)

An appropriate surety instrument to assure dismantling costs shall be provided by the owner prior to a tower construction permit.

(Ord. No. 2015-01, § 2, 2-4-2015)