The regulations and requirements of this article are intended to:

(1)

Promote the health, safety and general welfare of the public by regulating the siting of telecommunication facilities;

(2)

Provide for the appropriate location and development of telecommunication antennas and towers within the Town;

(3)

Minimize adverse visual effects of telecommunication antennas and towers through careful design, siting, landscape, screening and innovative camouflaging techniques;

(4)

Accommodate the growing need and demand for telecommunication services;

(5)

Give public property the highest priority in siting telecommunication antennas and towers;

(6)

Encourage the location and collocation of antennas on existing structures and towers thereby minimizing new visual impacts and reducing the need for additional structures and towers;

(7)

Further the balance between the need to provide for certainty to the telecommunications industry in the placement of telecommunication facilities and the need to provide certainty to the residents of the Town that the aesthetic integrity of the Town will be protected from the proliferation of unnecessary antenna support structures and towers;

(8)

Ensure that telecommunication antennas and towers are compatible with surrounding land uses; and

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(Ord. No. 01-10-01, § 1, 10-10-01)

The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna shall mean a transmitting and 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.

Collocation shall mean the placement of an antenna or antennas of more than one (1) telecommunications service provider on the telecommunication tower, or if mounted on a building, an antenna support structure, of another telecommunication service provider. Collocation shall also mean the placement of an antenna or antennas on a television transmission tower.

Equipment building shall mean a cabinet or other structure containing electronics and other support equipment associated with the functioning of the antenna(s).

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

Microwave antenna shall mean a circular antenna designed to concentrate a radio signal in a particular area.

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

Panel antenna shall mean a flat, rectangular antenna or array of antennas designed to concentrate a radio signal in a particular area.

Self support lattice tower shall mean a communication tower other than a monopole tower that is constructed without guy wires and ground anchors.

Stealth facility shall mean any communication towers or antennas which are designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and communication towers designed to look like light poles, flag poles, clock towers and trees.

Telecommunication tower shall mean a guyed, freestanding monopole or self support lattice tower, constructed as a free standing structure, containing one (1) or more antennas intended for transmitting or receiving am/fm radio, digital, microwave, cellular, telephone, or similar forms of electronic communications, excluding radar towers, television towers, amateur radio support structures and satellite earth stations.

Television transmission tower shall mean a guyed monopole or self-support/lattice tower, constructed as a freestanding structure, containing one (1) or more antennas used in the provision of television broadcast.

Whip antenna shall mean a cylindrical antenna that transmits signals a full three hundred sixty (360) degrees.

(Ord. No. 01-10-01, § 1, 10-10-01)

All new towers or antennas, and modifications to existing towers and antennas, in the Town shall be subject to these regulations, except as provided for in paragraphs (a) through (d), below:

(a)

These regulations shall not apply to any tower, or installation of any antenna, that is for the use of an open video broadcast-only facility, or is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive-only antennas.

(b)

Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of these regulations, except to comply with the requirements of the nonconforming provisions of the zoning ordinance.

(c)

An AM array consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) 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.

(d)

The requirements of this article do not apply to the regular maintenance, repair or replacement of antennas or antenna arrays (groupings of antennas) otherwise already in existence, or to the addition by the same company of additional antennas to a previously approved site, provided that the tower capacity is not exceeded.

(Ord. No. 01-10-01, § 1, 10-10-01)

It is the objective of the Town to give first priority to public property for the siting of antennas and towers. The Town Staff shall prepare an inventory of available sites located on public property for the location of antennas and towers. Each application for an antenna or tower shall include a review of the Town's inventory of existing towers, antennas and approved sites. All requests for locations other than a site on the inventory shall include specific information about the alternative location, height and design of the proposed antenna or tower, and an explanation regarding why the inventory sites are not appropriate. The information contained on the application is a public record.

(Ord. No. 01-10-01, § 1, 10-10-01)

(a)

Where permitted. Building mounted antennas may be permitted as an accessory use to existing buildings in the following locations:

(1)

B-1 Business District.

(2)

B-1A Adult Entertainment Overlay District.

(3)

C-H1 Community Housing District.

(4)

M-1 Industrial District.

(5)

S-1 Civic & Recreational District.

(6)

Any real property owned by Town.

(b)

Minimum standards. Building mounted antennas shall be subject to the following minimum standards:

(1)

The height of the antenna, including support structures, shall not extend more than twenty (20) feet above the height of the roof surface of the building.

(2)

The building on which the antenna is mounted must be at least thirty-five (35) feet in height.

(3)

All equipment necessary for the proper operation of the antenna shall be located within the building upon which the antenna is mounted, or in an equipment building or otherwise screened from public view.

(4)

The equipment building shall not occupy more than five hundred (500) square feet of gross roof area, or be more than sixteen (16) feet in height.

(5)

All equipment buildings shall meet all city design standards and comply with the South Florida Building Code, latest Broward County Edition.

(6)

No commercial advertising, including company name, shall be allowed on an antenna, screen or equipment building.

(7)

No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the Town Code of Ordinances.

(8)

The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, telephone number and for safety and security.

(9)

Mobile or stationary equipment not located within the building upon which the antenna is mounted, or in an equipment building, shall not be stored or parked on the site of a building mounted antenna, unless repairs to the antenna are being made.

(10)

At the time of issuance of a building permit, the applicant shall enter into a contractually enforceable agreement with the Town that requires the applicant or the owner of any antenna support structure to remove it upon abandonment.

(11)

Antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna and equipment building upon adjacent properties. Any such screening shall be of a material and color which is compatible with the colors of the exterior of the building upon which it is situated.

(c)

Antenna types. To minimize adverse visual impacts, antennas shall be screened or integrated to blend into their support structure. If a non-stealth facility is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the Town, why the stealth facility cannot be used for the particular application.

(d)

Antenna dimensions.

(1)

Omni-directional (whip) antennas must not exceed three (3) feet in diameter and fifteen (15) feet in height.

(2)

Directional or panel antennas must not exceed two and one-half (2.5) feet in width and eight (8) feet in height.

(3)

Microwave dish antennas must not exceed six (6) feet in diameter.

(e)

Application procedure.

(1)

Each application for a building mounted antenna permit shall comply with all Town requirements for site development plan approval. The Town may request such additional information as may be necessary to fully review and evaluate the potential impact of the proposed antenna.

(2)

A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which certifies the antenna and support structure's compliance with applicable standards as set forth in the South Florida Building Code, latest Broward County Edition, and any associated regulations for wind load. The statement shall include certification that the building upon which the antenna is mounted can support the load imposed by the antenna, its support structure, and any equipment building.

(3)

Each application for a building mounted antenna permit shall include a certified statement prepared by a radio frequency engineer, which certifies the operation of the antenna complies with current emission standards of the Federal Communications Commission, and will not interfere with the normal transmission or reception of radio, television and telephonic services enjoyed by adjacent residential and non-residential properties or any emergency communications regardless of point of origin.

(4)

Prior to the issuance of a building mounted antenna permit, the applicant shall provide evidence that the antenna complies with applicable Federal Aviation Administration regulations. Where the antenna will not exceed the highest point of the building upon which it is mounted, such evidence shall not be required.

(5)

Each applicant for a building mounted antenna shall provide an inventory of the applicant's existing building mounted antennas and communication towers that are either within the jurisdiction of the Town or within one (1) mile of the Town limits, including specific information about the location, height, and design of each facility or tower.

(f)

Prohibitions. The location of a new building mounted antenna in any zoning district other than those districts specified about shall be prohibited.

(g)

Application and inspection fees. The application and inspections fees for building mounted antennas shall be established by resolution of the Town Commission.

(Ord. No. 01-10-01, § 1, 10-10-01)

(a)

Where permitted. Telecommunication towers may be permitted only in the M-1 Industrial District, S-1 Civic and Recreational District, T-1 Mobile Home Park District and any real property owned by the Town.

(b)

Minimum standards. Telecommunication towers shall be subject to the following minimum standards:

(1)

The height of a telecommunication tower shall not exceed one hundred fifty (150) feet. Tower height shall be measured from the crown of the road of the nearest public street.

(2)

Telecommunication towers shall comply with the requirements relating to required setback from property lines and minimum distances from residential zoning districts as provided in Tables 1 and 2 contained at section 28-408 below; provided that stealth facilities shall be subject to the separate standards set forth after Table 3 at section 28-408.

(3)

Telecommunication towers shall comply with the minimum requirements relating to distance between towers as provided in Table 3 contained at section 28-408 below. Stealth facilities are exempted from the minimum tower separation distance requirements.

(4)

All equipment for the necessary operation of the telecommunication tower shall be located within an equipment building, equipment cabinet or other enclosed structure.

(5)

All equipment buildings shall meet all building design standards of the Town Code, and comply with the South Florida Building Code, latest Broward County Edition.

(6)

A six-foot high opaque fence or wall, as measured from the finish grade of the site, shall be required around the base of a telecommunication tower (unless a stealth facility), and any equipment building.

(7)

Landscaping consistent with the requirements of the Town Code shall be installed around the exterior perimeter of a telecommunication tower, fence, wall, or equipment building. The Town, however, may require landscaping in excess of the requirements of the Town Code in order to enhance compatibility with adjacent residential and non-residential land uses.

(8)

No commercial advertising, including company name, shall be allowed on any portion of the telecommunication tower, fence, wall, or any equipment building.

(9)

No signals, lights or illumination shall be permitted on the telecommunication tower, fence, wall or any equipment building or structure, unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of a telecommunication tower and equipment building may be provided if such light conforms to the overspill requirements of the Town Code.

(10)

The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, telephone number and for safety and security.

(11)

Mobile or stationary equipment not located within an equipment building shall not be stored or parked on the site of a telecommunication tower, unless repairs to the tower are being made.

(12)

At the time of issuance of a building permit, the applicant shall enter into a contractually enforceable agreement with the Town that requires the applicant or the owner of any telecommunication tower to remove it upon abandonment.

(13)

To the extent possible, all telecommunication towers shall be of a neutral color, designed to blend into the surrounding environment. This requirement, however, may be superseded by the requirements of other county, state or federal regulatory agency possessing jurisdiction over telecommunication towers.

(14)

All telecommunication towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self support lattice towers shall be able to accommodate three (3) users.

(c)

Telecommunication tower types. If a non-stealth facility is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the Town, why a stealth facility cannot be used for the particular application. Further, the applicant shall employ its best efforts to place or screen the non-stealth facility so as not to be visible from abutting properties or public rights-of-way.

(d)

Application procedure.

(1)

Each application for a telecommunication tower shall comply with all Town requirements for site development plan approval. The Town may request such additional information as may be necessary to fully review and evaluate the potential impact of the proposed tower.

(2)

A statement shall be prepared by a professional registered engineer licensed to practice in the State of Florida, which certifies the tower complies with the South Florida Building Code, latest Broward County edition, and any associated regulations, including Electronic Industry Association Telecommunications Industry Association Standard for wind load. The statement shall describe the tower's capacity, including an example of the number and type of antennas it can accommodate. No telecommunications tower shall be permitted to exceed its loading capacity.

(3)

Each application for a telecommunication tower permit shall include a statement prepared by a radio frequency engineer, which certifies that the telecommunications tower complies with the current emission standards of the Federal Communications Commission, and will not interfere with the normal transmission or reception or radio, television and telephonic services enjoyed by adjacent residential and non-residential properties or any emergency communications regardless of point of origin.

(4)

Prior to the issuance of a telecommunication tower permit, the applicant shall provide evidence that the telecommunication tower is in compliance with applicable Federal Aviation Administration regulations.

(5)

Each applicant for a telecommunication tower site shall provide an inventory of the applicant's existing building mounted antennas and telecommunication towers that are either within the jurisdiction of the Town or within one (1) mile of the Town limits, including specific information about the location, height, and design of each facility or tower.

(e)

Inspections.

(1)

Owners of communication towers shall submit a report to the Town's building department certifying structural and electrical integrity on the following schedule:

a.

Monopole towers. At least once every five (5) years.

b.

Self support lattice towers. At least once every two (2) years.

(2)

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. The results of such inspections shall be provided to the Town. Based upon the results of the inspection the Town may require more frequent inspections. If there is reason to believe the structural or electrical integrity of a telecommunication tower is jeopardized, the Town, after providing notice and an opportunity to be heard to the owner of the telecommunication tower, may require repair or removal of the telecommunication tower.

(3)

The Town may conduct periodic inspections of telecommunication towers to ensure structural and electrical integrity.

(f)

Prohibitions. The location of a new telecommunication tower in any zoning district other than those districts specified above shall be prohibited. Notwithstanding the foregoing, telecommunication towers in existence as of the effective date of this article may be replaced with a tower of equal or less visual impact on the same parent tract and upon approval by the Town pursuant to the applicable provisions of this article. Any replacement telecommunication tower may be up to twenty (20) percent greater in height than the original telecommunication tower for the sole purpose of providing for collocation of an antenna or antennas of at least one (1) other telecommunications service provider. The replacement telecommunication tower shall not be located on the parent tract where it will decrease the distance of a non-conforming setback, the minimum distance requirement from a residential zoning district, or minimum tower separation distance requirement of the original telecommunication tower.

(g)

Application and inspection fees. The application and inspection fees for telecommunication towers shall be established by resolution of the Town Commission.

(Ord. No. 01-10-01, § 1, 10-10-01)

To minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, collocation of antennas on existing or new towers shall be encouraged in all zoning districts by:

(a)

Only issuing permits to qualified shared facilities at locations where it appears there may be more demand for telecommunication towers than the property can reasonably accommodate; or giving preference to qualified shared facilities over other telecommunication towers in authorizing use at particular locations.

(b)

For a location to become a "qualified shared facility", a telecommunication tower owner must show that:

(1)

The proposed telecommunication tower is appropriately designed for sharing.

(2)

The telecommunication tower owner is prepared to offer adequate space on the telecommunication tower to others on fair, reasonable and non-discriminatory terms, and to negotiate leases promptly and without undue delay.

(c)

To satisfy the requirements of this section, the telecommunication tower owner must submit a written evaluation of the structural capacity of the telecommunication tower.

(d)

The requirements of this section will be deemed to have been met if the telecommunication tower owner certifies to the Town that it will offer space to other unaffiliated entities on commercially, reasonable terms, and to negotiate leases promptly and without undue delay. A condition of any permit for a qualified shared facility shall be that the permit shall be terminated, and the telecommunication tower removed, if the Town finds the telecommunication tower owner is not complying with its obligation sunder this section.

(e)

Collocation of antennas by more than one (1) provider on existing or new telecommunication towers shall take precedence over the construction of new single-use telecommunication towers. Accordingly, each application for a telecommunication tower shall include the following:

(1)

A written evaluation of the feasibility of sharing a telecommunication tower. The evaluation shall analyze one (1) or more of the following factors:

a.

Structural capacity of the telecommunication tower or towers;

b.

Radio frequency interference;

c.

Geographical service area requirements;

d.

Mechanical or electrical incompatibility;

e.

Inability or ability to locate equipment on the telecommunication tower or telecommunication towers;

f.

Availability of telecommunication towers for collocation;

g.

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the telecommunication tower;

h.

Additional information requested by the Town.

(2)

The Town may deny an application if an available collocation is feasible and the application is not for such collocation.

(f)

The Town shall retain a list of all telecommunication towers that are qualified shared facilities located within the Town, and will provide a copy of the list to all potential applicants.

(Ord. No. 01-10-01, § 1, 10-10-01)

(a)

In the event all legally approved use of any antenna or telecommunication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the antenna or telecommunication tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Public Works Director who shall have the right to request documentation and affidavits from the antenna or telecommunication tower owner regarding the issue of usage.

(b)

At such time as the Public Works Director reasonably determines that an antenna or telecommunication tower is abandoned, the Public Works Director shall provide the antenna or telecommunication tower owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond to the notice within sixty (60) days of receipt of such notice shall constitute prima facie evidence that the antenna or telecommunication tower has been abandoned.

(c)

If the owner of the antenna or telecommunication tower fails to demonstrate that the antenna or telecommunication tower is not abandoned, the antenna or telecommunication tower shall be considered abandoned and the owner of the antenna or telecommunication tower shall have an additional one hundred twenty (120) days from the end of the initial sixty (60) days notice period within which to: (i) reactivate the use of the antenna or telecommunication tower or transfer the antenna or telecommunication tower to another owner who makes actual use of the antenna or telecommunication tower within the one hundred twenty (120) day period, or (ii) dismantle and remove the antenna or telecommunication tower. If one hundred twenty-one (121) days from the date of abandonment, the telecommunication tower has not been reactivated and the telecommunication tower has not been dismantled and removed, the owner shall be in violation of this section.

(Ord. No. 01-10-01, § 1, 10-10-01)

TABLE 1
LOCATION REQUIREMENTS:
TELECOMMUNICATIONS TOWERS LESS THAN 50 FEET IN HEIGHT

TABLE 2
LOCATION REQUIREMENTS:
TELECOMMUNICATIONS TOWERS 50—150 FEET IN HEIGHT

TABLE 3
MINIMUM SEPARATION DISTANCE BETWEEN TOWERS

Stealth facilities shall be subject to the same setback from property lines as contained in the underlying zoning district regulations; and shall also be subject to a minimum distance from a residential zoning district equal to one hundred ten (110) percent of the height of the stealth facility. In any case where a stealth facility is located on property which is contiguous to a residential zoning district, that facility shall be designed with a "breakpoint" to fall, in the case of failure, within the property upon which it is located. Stealth facilities are exempt from the minimum separation distance between towers set forth in Table 3 above.

(Ord. No. 01-10-01, § 1, 10-10-01)