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04/18/2005 WORK SESSION ONLY ITEMS ~r.learwater Date: u Interoffice Correspondence Sheet Mayor and Councilmembers --~ (-,J'\,' ~\L Cyndie Goudeau, City Cler ()' Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Pam Akin, City Attorney April 15, 2005 To: From: CC: RE: Revisions to Agenda Packet for April 18, 2005 The following changes/additions are provided: . Revised Work Session Agenda - Rev 1 - 04-18-05. . Presentation Item #2 - Governor's Mentoring Award of Excellence (Perry Lopez) - Item moved from Presentations for Thursday night to Work Session. . Presentation Item #3 - PPC Wireless Facility Study E-mail was sent out from Cyndie Goudeau (Friday 04-15-05) and paperwork will be provided at seats on Monday before Work Session. . Presentation Item #4 - Annual Financial Report (CAFR) - Item added to Agenda. . Presentation Item #5 - GFOA Certificate of Achievement for Excellence in Financial Reporting - Item added to Agenda. . Revised CRA Agenda - Rev 1 - 04-18-05. . CRA Item #3 - Appoint Trustees Carlen Petersen and John Doran as ex-officio members of the Downtown Development Board - Item added to agenda and paperwork provided. . CRA Item #4 - Deny request for an additional time extension of "Agreement of Development and Disposition of Property IMR Site II" - Item added to agenda and paperwork provided. . ES Item #1 - Senior Center Task Force (additional appointments) - Item added to agenda. . SW Item #1 - Award a contract for the purchase of six (6) Cummins generator and six (6) Onan automatic transfer switches to Cummins Southeastern Power, Inc. - Item added to agenda and paperwork provided. Tab provided as well. . ENG Item #5 - Award a contract to Appalachian Material Service, Inc. (APS) for Biosolids Services - Item added to agenda and paperwork provided. . ENG Item #6 - Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with FOOT so that aesthetic improvements can be made to a portion of SR 60 - Item added to agenda and paperwork provided. Memo to Council for 04-18-05 Work Session - revisions.doc . ENG Item #7 - Approve a work order supplement to PBSJ for additional design services associated with the Beach Walk project - Item added to agenda and paperwork provided. . ENG Item #8 - Approve a contract with SPC to purchase property commonly known as the Joe DiMaggio Gym - Item added to agenda and paperwork provided. . ENG Item not on Agenda - Approve the applicant's request to vacate part of Fifth Ave and pass ORD 7429-05 on 1st reading - Paperwork provided. Additional Vacation item will be provided at Thursday's Council Meeting. Engineering staff will present item at Work Session. . PU Item #1 - Water Demand Management (Work Session Only) - Presentation added to agenda and paperwork provided. Tab provided as well. . PLD Item #3 - A revision to the map was made - Map provided. . PLD Item #4 - Approve a text amendment to the Future Land Use Plan Element of the Clearwater Comprehensive Plan and pass ORD 7388-05 on 1 st reading - Item added to agenda and paperwork provided. . ORLS Item #1 - Appoint a Voting and Alternate Delegate to the Barrier Islands Governmental Council (BIG-C) - Item added to agenda and paperwork provided. Tab provided as well. . City Manager Verbal Reports Item #1 - Fire Department - OT and Units out of Service - Item added to Agenda. . Council Discussion Items 1 & 4 removed from Agenda. Item #2 - Temporary Bus Permits is now CDI Item #1. Item #3 Alternative to financing and building Parking Garage at Rockaway is now CDI Item #2. . Presentation(s) for Thursday Night Item #2 was removed and items 3-6 are now items 1- 4. Memo to Council for 04-18-05 Work Session - revisions.doc ~Clearwater!: Work Session Agenda ;:;~~~~~---:~~JClearwater City Council Work Session - Monday, April 18, 2005 9:00 AM Presentations 1. Service Awards 2. Governor's Mentoring Award of Excellence - Perry Lopez 3. PPC Wireless Facility Study - Linda Fisher, PPC 4. Annual Financial Report (CAFR) - Grant Thornton 5. GFOA Certificate of Achievement for Excellence in Financial Reporting - Margie Simmons Purchasing 1. Office supplies during the contract period July 1,2005 through December 30,2006 at a cost not to exceded $450,000 - Office Depot. 2. Gasoline and diesel fuel for motorized equipment during the contract period April 22, 2005 through April 30, 2007 at a cost not to exceed $4,400,000 - McMullen Oil Company. Customer Service 1. Approve Agreement with The Salvation Army to administer City of Clearwater Utilities We Care Fund program providing temporary emergency payment of past due City of Clearwater utility bills for eligible customers of the City Utilities System and authorize the approppriate officials to execute same. Equity Services 1. Senior Center Task Force - additional appointments. Finance 1. Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. 2. Approve a contract with Bryant, Miller & Olive, PA for City of Clearwater Bond Counsel, for a period of five (5) years and authorize the appropriate officials to execute same. 3. f>.pprove contract with Nabors, Giblin, & Nickerson, P.A. for City of Clearwater Disclosure Counsel, for a period of five (5) years and authorize the aopropriate officials to execute same. 4. Adopt Resolution 05-16 authorizing the refunding of the outstanding Gas System Revenue Bonds, Series 1997 A and authorize the appropriate officials to execute same. Work Session Agenda 04-18-2005 - Rev 1 Page 1 of 4 Parks and Recreation 1. Approve a five-year Lease Agreement from February 1, 2005 - January 31, 2010, with automatic five-year renewable options (5 options), between the City of Clearwater and Clearwater for Youth, a Florida Non-Profit Corporation for the use of certain portions of The Long Center to provide financial support to various City Co-sponsored youth groups and organizations; 2pprove forgiving $12,000 of rent revenues from Clearwater For Youth and approve First Amendment to the Transfer Agreement dated August 27, 2003 between the City of Clearwater and the Pinellas Community Center and authorize the appropriate officials to execute same. Solid Waste/General Services 1. Award a contract for the purcrlase of six (6) Cummins generators and SIX (6) Onan automatic transfer switches to Cummins Southeastern Power, Inc. for the sum of $168,446.35, which is the standard established by the City of Clearwater for standby generators and approve the installation of these generators at a cost not to exceed $135,300 and establish a capital improvement project in the amount of $303,746.35 to cover the cost of generators and related installation costs and that the appropriate staff be authorized to execute same. Engineering 1. Approve applicant's request to vacate the 15-foot alley lying along the south property line of Lot 1, Block 45A, Mandalay Subdivision, (a.k.a. 911 Lantana Avenue), subject to the retention of a drainage and utility easement, and pass Ordinance 7427-05 on first reading, (VAC2005-02 Chauvin), 2. Approve applicant's request to vacate the east 5 feet of the 1 O-foot utility easement lying along the west property line of Lot 32, Cedar Heights, (a.k.a. 2010 Kamensky Road), and pass Ordinance 7428-05 on first reading, (VAC2005-03 strauser), 3. Approve the applicant's request to vacate the northerly 10 feet of Dempsey Street more particularly described in Exhibit "A", (A.K.A. 721 Lakeview Road), subject to the retention of a drainage and utility easement over the southerly 3 feet of the right-of-way portion to be vacated, and pass Ordinance 7378-05 on first reading, (VA.e 2004-16 City of Clearwater), 4. Approve a work order to McKim and Creed, PA, in the amount of $164,600.00 for engineering design services associated with the City's Water Main Replacement project, Phases 15, 16, and 17 (05-0003-UT) and authorize the appropriate officials to execute same. 5. Award a contract to Appalachian Material Service, Inc. (APS), of Terra Ceia, Florida in the amount of $2,844,400.00 for Biosolids Services (04-0063-UT) (RFP #16-05), and that the appropriate offiCials be authorized to execute same. 6. Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, so that aesthetic improvements can be made to a portion of SR 60 (Courtney Campbell Causeway) and adopt Resolution 05-12 authorizing execution of said Highway Landscape Maintenance ivlernurandum of Agreement. 7. Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBSJ) in the amount of $124,027 for additional design services associated with the Beach Walk project; approve a new work order to PBSJ in the amount of $150,000 for a National Environmental Policy Act (NEPA) Compliance Study; and approve a Local Agency Program (LAP) Agreement with the Florida Department of Transportation in the amount of $150,000 to conduct the NEPA Compliance Study. Work Session Agenda 04-18-2005 - Rev 1 Page 2 of 4 8. Approve a contract with St. Petersburg College ("SPC") to purchase property situate in Section 7, Township 29 South, Range 16 East, commonly known as the Joe DiMaggio Gym located at 2450 Drew Street, for $1,950,000 plus estimated closing expenses of $50 for recording fees, for a total acquisition cost not to exceed $1,950,050, and authorize appropriate City officials to execute same and any additional instruments required to effect closing. Public Services 1. Approve Change OrGer #2 to Rowland, Incorporated of Pinellas Pari" F="lohda for the "Area "F" Gravity Sewer System Improvements Project" (02-0049-UT) which increases the contract amount by $202,677.20 for a new contract total of $658,102.42, approve a time extension of 100 days, and authorize the appropriate officials to execute same. 2. Approve a Local Agency Program (LAP) Agreement between the City of Clearwater 2nd the Florida Department of Transportation (FDOT) in the amount of $26,094.00 for modifications to the N. Fort Harrison Avenue/ N. Myrtle Avenue and Fairmont Street/No Myrtle Avenue intersections and sanitary sewer improvements at Chestnut Street/No Myrtle Avenue and approve a change order to Westra Construction, Inc. in the amount of $53,373.24 for a new contract amount of $14,264,895.02 and authorize the appropriate officials to execute same. Public Utilities 1. Water Demand Management (WSO). Planning 1. Approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential/Office Limited (R/OL) to City Residential/Office Limited (R/OL) and Zoning Atlas Amendment from the County P-1A Limited Office District to the City Office (0) District for 150 McMuller! Booth Road (Portion of Metes and Bounds 23/01 in Section 16, Township 29 South, Range 16 East); and Pass Ordinance 7407-05, 7408-05 and 7409-05 on first reading. 2. Approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District, to the City Medium Density Residential (MDR) District for 2060 Evergreen Avenue (Lots 7, 8, 15 and 16 Brooklawn Subdivision, Block I in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 7414-05, 7415-05 & 7416-05 on first reading reading. (ANX2004-080 14A) 3. Approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (0) District for 2723 S. R. 580 (Lot 5 Block 1 Acker's Subdivision in Section 28, Township 28 South, Range 16 East); and Pass Ordinances 7404-05,7405-05 & 7406-05 on first reading. (ANX2004-11 019 and LUZ2004-11007) 4. Approve a text amendment to the Future Land Use Plan Element of the Clearwater Comprehensive Plan and Pass Ordinance 7388-05 on first reading. Official Rec and Legislative Svc 1. Appoint a Voting and Alternate Delegate to the Barrier Islands Governmental Council(BIG-C). Work Session Agenda 04-18-2005 - Rev 1 Page 3 of 4 City Attorney 1. Approve text amendments to the Community Development Code and pass Ordinance 7413-05 on first reading. 2. Adopt Ordinance 7381-05 on second reading, relating to the Building and Development regulations, amending Appendix A Schedule of Fees, Rates, and Charges relating to Section 47.083, creating a refundable building permit fee of $200.00 for holders of expired permits. 3. Adopt Ordinance 7423-05 on second reading, authorizing additional Gas System revenue bonds. Other City Attorney Items City Manager Verbal Reports 1. Fire Department - OT and Units out of Service Council Discussion Items 1. Temporary Use Permits 2. Alternative to financing and building Parking Garage at Rockaway Other Council Action Adjourn Presentations for Thursday Night 1. Neighborhood of the Quarter 2. Clearwater Women's Open 3 Excellence in Youth Sportsmanship Award 4 Proclamation - April as Water Conservation Month Work Session Agenda 04-18-2005 - Rev 1 Page 4 of 4 Cl.'; .'" t-"~:~.,~. COUNTYWIDE MODEL LEASE FOR WIRELESS TELECOMMUNICATIONS INSTALLATIONS REGULATING THE DEPLOYMENT OF WIRELESS TELECOMMUNICATIONS INFRASTRUCTURE ON PUBLICLY-OWNED PROPERTY COUNTYWIDE MODEL LEASE FOR WIRELESS TELECOMMUNICATIONS INSTALLATIONS Regulating the Deployment of Wireless Telecommunications Infrastructure on Publicly-Owned Property Pinellas Planning Council Councilmember Bill Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra Bradbury, Treasurer Mayor Jerry Beverland, Secretary Councilor Pete Bengston Mayor Beverley Billiris Mayor Robert H. DiNicola Commissioner Robert Hackworth Mayor Robert E. Jackson, Ph.D. School Board Member Linda Lerner Commissioner Deborah Martohue Commissioner John Morroni Commissioner Nadine S. Nickeson Countywide Planning Authority Commissioner John Morroni, Chairman Commissioner Kenneth T. Welch, Vice-Chairman Commissioner Ronnie Duncan Commissioner Calvin D. Harris Commissioner Susan Latvala Commissioner Robert B. Stewart Commissioner Karen Williams Seel Prepared by the Pinellas Planning Council and CityScape Consultants, Inc. March 16, 2005 TABLE OF CONTENTS Executive Summary and Implementation Guidelines A. Introduction................................................................................................... 1 B. Legal Opinion.......... ............... .......... ........................... ..................... ......... ....1 C. Explanation of the Model Lease ...................................................................3 Background Sections.. .......... ...................... ....................... ......... ......... ....3 Section 1. Lease of Premises................................................................... 4 Section 2. Permitted Use... .... ............... ... ...... ...... ...... ... ....... ........... ..........4 Section 3. Term........................................................................................ 5 Section 4. Rent......................................................................................... 5 Section 5. Approvals... .......... .............................. ......... ...... ......... .............6 Section 6. Termination...... ..................................... ......... ......... ......... ....... 6 Section 7. Insurance. ................................................................................ 7 Secti on 8. In terf eren ce. ............................................................................ 7 Section 9. Indemnification. ... ...... .... .............. ... ...... ............... ...................7 Section 1 O. Warranties. ..... .......................... ....................... ......... ............. 8 Section 11. EnvironmentaL...................................................................... 8 Section 12. Access. .................................................................................. 8 Section 13. Removal/Restoration. ........................................................... 8 Section 14. Maintenance/Utilities.. ... ......... ...... ...... ..... ....... ...... ... ......... .... 9 Section 15. Default and Right to Cure..................................................... 9 Section 16. Assignment/Sublease............................................................ 9 Section 17 . Notices................................................................................l 0 Section 18. Severability.........................................................................l 0 Section 19. Condemnation ............ ...... .......... ... ...... ...... ... ......... ... ...... ... ..1 0 Section 20. Casualty......... ............................. ......... ......... ......... ......... .....1 0 Section 21. Waiver of Landlord's Liens............. .......... ................. ........1 0 Section 22. Removal of Old Antenna Support Structure....................... 10 Section 23. Miscellaneous .....................................................................11 Countywide Model Lease/or Wireless Telecommunications Installations........................................................................................ Appendix A Recommendation for Lease Rates........................................................ Appendix B Leasing Process .........................................................................."........... Appendix C ,...--- EXECUTIVE SUMMARY AND IMPLEMENTATION GUIDELINES A. Introduction CityScape Consultants, Inc., has worked with the Pinellas Planning Council (PPC) to develop a wireless telecommunications lease template regulating the installation of wireless telecommunications infrastructure on publicly-owned properties. Section 110, entitled "Publicly-Owned Property" in the Countywide Model Wireless Telecommunications Ordinance (included as Appendix A), states that the local government "may contract with a third party to administer publicly-owned sites for purposes of providing wireless telecommunications services." Leasing of public assets, e.g., plots of land, rooftops, water tanks, and existing space on public safety and other community-owned facilities, has been discussed as part of the solution for controlling the type and location of wireless telecommunications infrastructure and enhancing the local government's fiscal status. At recent workshops, providers of wireless telecommunications services and tower owners have expressed an interest in leasing public properties for the purposes of constructing infrastructure to provide improved services for their customers. Yet, these same wireless service providers and tower owners expressed concern about the public property lease approval process because it is lengthy and cumbersome. This model lease is a tool to aid local government agencies that desire to lease certain public assets to the wireless industry, and it is designed to help expedite financial discussions related to the use of public properties for these purposes. B. Legal Opinion CityScape has been asked to evaluate the appropriateness of using city or county property for private wireless telecommunications facilities. Use of public property is rooted in the enabling text of the federal legislation that revolutionized the wireless communications industry, the 1996 Telecommunications Act (the Act). The Act requires local governments to treat functionally equivalent wireless telecommunications providers equally, and prohibits them from enacting regulations that hinder or prevent the development and provision of wireless services to consumers. Those provisions of Section 704 of the Act are well known, but lesser-known sections 1 Countywide Model Lease for Wireless Telecommunications Installations direct the federal government to make available property for wireless facilities, stating in part: "(c) AVAILABILITY OF PROPERTY- Within 180 days of the enactment of this Act, the President or his designee shall prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscriminatory basis, property, rights-of-wa:v, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may establish a presumption that requests for the use of property, rights-of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the property, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall provide technical support to States to encourage them to make property, rights-of-way, and easements under their jurisdiction available for such purposes" (emphasis added). Clearly, the congressional intent behind this language was to enable the utilization of federal property for wireless services, and to encourage state and local governments to make public property available for the same purpose. The Federal Communications Commission (FCC) interpreted the language in its Wireless Siting Fact Sheet #1 (April 23, 1996)1 to mean: "Federal agencies and departments will work directly with licensees to make federal property available for this purpose, and the FCC is directed to work with the states to find ways for states to accommodate licensees who wish to erect towers on state property, or use state easements and rights-of-way" (see Appendix A). However, there is no federal telecommunications regulation prohibiting a city or county from regulating the placement of wireless facilities to favor public property over private property. Indeed, based on the foregoing language, it would appear that Congress' intent is to encourage siting on public property. Of course, if the effect of such a provision were to prevent the implementation of wireless services (for example, by mandating that a provider had to construct on public property and there was no public property available in the geographic search ring for the proposed facility), then such regulation would have the effect of prohibiting wireless services and that could be a violation of the Act. The opinions provided herein relate solely to federal law and FCC decisions and regulations specifically, and do not relate to any applicable state or local regulation. The author, Anthony Lepore, Esq., CityScape's Vice President and a telecommunications specialist, is a member of the Florida and Massachusetts Bars and is admitted to practice before the Federal Communications Commission. 1 http://wireless.fcc.gov/siting/factl.html 2 Executive Summary and Implementation Guidelines c. Explanation of the Model Lease The model lease offers three distinct options for the use of public assets for wireless infrastructure installations, each of which will produce income for the local government owning the land. Throughout the model, bolded "Options" indicate specific paragraphs to be used based on the type of installation being addressed within the lease document. Option A identifies specific language used for a land lease, i.e., when a new antenna support structure is erected on public land. Option B is utilized for antenna attachments, and Option C is used when an existing antenna support structure is replaced with a new antenna support structure designed to accommodate additional weight loads commonly associated with colocations. The remaining text can be used as standard lease language regardless of which option is being considered. The first section contains the introduction of the parties involved in the lease document. The local government agencies and their designated addresses are established and referred to the as the "Landlord," while the wireless provider or tower owner is identified along with their designated mailing address and identified as the "Tenant." The references to "Landlord" and "Tenant" are used throughout the lease document to designate their responsibilities and liabilities, respectively. Background Sections. The "Background" sections describe the type of wireless telecommunication installation to be addressed in the lease document. Option A, Land Lease, addresses construction of an antenna support structure on public land regardless of whether the support structure is concealed or non-concealed. Examples of this type of infrastructure are shown below. Lattice WCF Concealed Monopole WCF Concealed WCF 3 Countywide Model Lease for Wireless Telecommunications Installations Option B, Attachment Lease, addresses the utilization of existing structures for antenna location, whether it is an attachment on an existing antenna support structure (colocation), or an antenna attachment onto a rooftop, wall, or water tank. Colocation on WCF Attachment onto Wall of Building Water Tank Attachment Option C, Replacement Tower Lease, addresses replacing an existing support structure with one that is designed to accommodate the colocation of antennas and feed lines associated with the requirements of the wireless infrastructure deployment. The language contained in Option A is used if the lease is to accommodate a new antenna support structure on public land. In this scenario, Options Band C could be omitted from the final document since these sections pertain to a different type of wireless installation. If the lease is for an antenna attachment, then Option B is maintained in the lease, and Options A and C are deleted. If the proposed installation is to remove an existing antenna support structure used for police, fire communications, or other community services and to replace it with a new antenna support structure, then Option C is preserved and Options A and B are deleted. Section 1. Lease of Premises. This section identifies the portion of property included in the lease and specifies the square footage including the property description to be provided as Exhibit 1. This is standard language used with all three options. Section 2. Permitted Use. Options A and B are almost identical and specifically outline the activities allowed on the property described in Exhibit 1. Both options allow the tenant to use the described premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair, and replacement of communications fixtures 4 Executive Summary and Implementation Guidelines and related equipment, feed lines, accessories and improvements, associated antennas, equipment shelters or cabinets, fencing, and other items necessary for the successful and secure use of the premises. The only difference between Options A and B and Option C, pertains to the text referencing the above-described equipment as it relates to the "existing structure" and to the "new antenna support structure," respectively. Section 3. Term. This section specifically identifies the duration of the lease agreement. It is standard industry practice to approve an initial term of five years followed by five optional subsequent terms, with each subsequent term for a period of at least five years. Thus, the potential life of the lease is at least 30 years. Section 4. Rent. There are many factors that deserve consideration when determining the payment schedule for leasing assets and ground for wireless telecommunications infrastructure. When computing a fair market price for a telecommunications site, one must determine the nature of the agreement: What is involved with the request? For example, is the request for a ground lease, or is it an owned tower, or a mounting on another existing structure? Will the jurisdiction eventually acquire the entire facility? If so, what long- term maintenance costs must be considered? How many potential telecommunications systems will utilize the facility? Will they be limited to the current 30 applications, or will they ultimately be upgraded to more advanced 40 and 50 applications? Will the services offered include cellular/PCS, paging, wireless Internet, satellite radio, traffic control, OPS, satellite downlinks, and/or low power FM? Will any of these facilities have future colocation needs? Will there be a need for additional future services at the same site? Could any of these applications potentially harm the community's public safety communications, either directly or indirectly? It should be noted that lease rates for cellular/PCS and paging are substantially different than those for wireless Internet and satellite radio. Much of the difference relates to the impact the equipment has on the mechanical and electrical loading of the subject facility, and any additional needed ground space. Like any other industry, consumer supply and demand influence market values, resulting in fluctuating lease rates. It is not uncommon to discover that neighboring communities have substantially different market values. There are even differences within the same communities between different tower and rooftop owners. Determining the market rates requires research: What is the condition of the national economy? Is the local economy stable? How many new facilities will each provider deploy this calendar year? Are there competing sites nearby? What are the lease rates in other communities within the same geographic area? How many complaints do the providers receive in a certain local? 5 Countywide Model Lease for Wireless Telecommunications Installations Attempting to create a simple pricing grid is impracticable with all the aforementioned variables. Each location must be evaluated independently; therefore we can only offer a starting point for negotiations. A typical facility includes an array of three antennas, with three feed lines (one to each antenna) of no more than ? -inch, mounted at a height between 40 and 120 feet, and having a transmitter power output of less than 250 watts. This tenant will have the lowest amount of mechanical support structure loading with minimal electrical demand. A reasonable starting lease rate would be between $400 to $500 per month, per antenna. For example, an array with three antennas, each with a ? _ inch feed line, would equal a starting negotiating monthly rent between $1,200 and $1,500, or $14,400 and $18,000 annually. From this point, pricing could vary based on the number of antennas, the size of feed lines, and the needed amount of ground space. Consideration on pricing is also given for additional factors such as geographic location, population density, and surrounding structures. Establishing uniform lease rates would be beneficial both for the local government and for the wireless telecommunications carriers and support structure owners, and fulfills the statutory obligation to treat functionally equivalent providers similarly. The section presents standard language for the rental terms, i.e., a fixed rental amount subject to negotiation at the time of leasing for "x" period of time, with "z" percent annual increases. Annual increases can be based on the Consumer Price Index (CPI) rather than a fixed percentage, but it should be noted that there are several CPI definitions used by the U.S. government, and it will be necessary to define precisely which index is being used. Attachment A details recommendations for lease rates. Section 5. Approvals. Section 5 acknowledges the tenant will need to obtain, at its expense, approvals for the proposed installation from a number of independent agencies. Generally, most tenants will need to complete Environment Impact Assessments, and may need to obtain approvals from the State Historic Preservation Office, U.S. Fish and Wildlife Service, or the F ederal Aviation Administration, in addition to local building permits and land use approvals. The tenant may need to perform soil testing, title research, and surveying of the site as part of the standard approval process. Part (b) gives permission to the tenant to obtain the necessary information on the property to meet these approval obligations, and provides the tenant the opportunity to terminate the lease agreement if any unsatisfactory environment conditions or title issues are found. Section 6. Termination. This section addresses premature termination of the lease agreement. There are four provisions for the agreement to be terminated without penalty. First, by either party, if there is default on the agreement and the applicable resolution periods expire. Second, by the tenant, if unable to obtain the necessary approvals for the proposed installation, or if the tenant determines the cost of obtaining the approvals is commercially unreasonable. 6 Executive Summary and Implementation Guidelines Third, by the tenant, for any reason, provided the tenant pays the landlord a termination fee equal to six-months rent at the current lease rates. Fourth, by the landlord, on 30 days notice for convenience. It should be noted that the last option, while increasing flexibility for the landlord, may be seen as a disincentive by potential tenants. Its inclusion should be evaluated carefully by the local government. Section 7. Insurance. This section addresses the mInImUm limits of commercial general liability coverage required to be provided by the tenant, at the tenant's expense, related to property, infrastructure, bodily injury/death, and workman's compensation as required by law. These limits should be reviewed for appropriateness by the local government attorney or risk manager. The section also requires the tenant to provide the landlord with a copy of the certificate of insurance as evidence of the coverage within thirty business days of the commencement date of the lease agreement. Section 8. Interference. This section addresses protection of public safety and other telecommunications equipment on the subject property from possible interference from the tenant's installation. Section 8 requires the landlord to provide the tenant a list of all existing radio frequency users on the property together with their frequencies (if applicable), to allow the tenant the opportunity to review for potential interference. The landlord is required to notify the tenant of any additional tenants on the subject property who may interfere with the tenant's equipment. Further, the landlord, its employees, or future tenants are prohibited from using any of the tenant's infrastructure, or causing interference to the tenant's operations in any way. In the event interference occurs, the tenant is obligated to inform the landlord and request a solution to the situation, and vice-versa if the tenant's equipment causes interference to the landlord's on-site equipment. If the landlord is found to be causing interference to the tenant and does not remedy the situation, the tenant has the right to terminate the agreement. If the tenant is causing the landlord interference and fails to provide a remedy, then the tenant must compensate the landlord for all expenses associated with mitigating the problem. In the latter case, the local government may wish to consider whether this requirement would provide sufficient compensation, especially where sensitive public safety communications could potentially be disrupted. Section 9. Indemnification. Generally, Section 9 indemnifies the landlord from claims of damages, outside of negligent or intentional acts or omissions by themselves, their employees, or their agents. 7 Countywide Model Lease for Wireless Telecommunications Installations Section 10. Warranties. Section 10 specifies that the tenant and landlord are each duly organized, in good standing, and have the right, power, and authority to enter into the lease agreement. Each represents to the other the rights to use the public assets as long as each remains in good standing. In the event the landlord becomes encumbered by a deed to secure a debt, the landlord will use its best efforts to provide the tenant with a mutually agreeable Subordination, Non-Disturbance and Atonement Agreement. Section 11. Environmental. The section specifies that the landlord and tenant agree that each will be responsible for meeting and maintaining all environmental and industrial hygiene laws and policies throughout the life of the lease agreement. In the event of environmental contamination, the parties responsible for the spoilage will, at their sole expense, bear the financial responsibility of the prescribed cleanup. Section 12. Access. This section contains a standard provision guaranteeing that the tenant will have access to their equipment 24 hours a day, seven days a week, or according to another agreed-upon schedule. This access may be provided through an easement agreement, which at the tenant's request can be recorded after the approval of the lease document. For purposes of controlling access onto the public property, the lease requires the tenant to give the landlord at least 24 hours prior notice, if feasible, by telephone of the necessity to enter onto the property. The only difference between the option used for a land or antenna attachment lease and one for a replacement tower is the reference to the specific type of infrastructure installation. Section 13. Removal/Restoration. Section 13, Options A and B, identifies that all tenant equipment occupying space on the premises is owned by and under control of the tenant. Upon termination of the lease agreement, the tenant has 120 days to remove the equipment and restore the facility, site, and premises to similar conditions as at the time of the commencement of the lease. At the option of the local government, the tenant's responsibility for tree or shrub replanting or for removal of underground foundations or utilities may be waived. This may be desirable if the local government plans to continue leasing the site to other tenants in the future. Option C allows for the replacement tower to become the property of the local government, and identifies that all equipment brought onto the premises is owned by and under control of the tenant. The remaining standards of Option C are the same as in Options A and B. 8 Executive Summary and Implementation Guidelines Section 14. Maintenance/Utilities. Section 14 stipulates that the tenant is responsible for maintaining the leased area in good and tenantable condition, notwithstanding reasonable wear and tear and damage from the elements. The local government should carefully review the "reasonable wear and tear" exception based on the characteristics of the site, and modify as appropriate. For example, wear and tear caused by ingress and egress of utility trucks may be considered reasonable in an industrial district, but not in a residential neighborhood. Additionally, the tenant is solely responsible for all utility expenses consumed by the tenant on the premises. The option is available for the tenant, in the event that it cannot establish its own metered electrical supply, to submeter from the landlord. In this instance, the tenant shall be responsible for all installation costs. However, some local governments may not wish to assume the liability that accompanies this option. Section 15. Default and Right to Cure. This section describes the events that represent the tenant or landlord to be in default of the lease agreement. Non-payment of the rent or failure to perform any of the terms or conditions outlined in the lease constitutes default by the tenant or landlord. The party in default of the agreement has forty-five (45) days to resolve the breach, and if unable to do so, the party not in default has the right to pursue remedies available under law to resolve the issues surrounding the default. Section 16. Assignment/Sublease. The tenant maintains the right to assign, sell, or transfer its interest in the agreement to the tenant's principal affiliates or subsidiaries without prior consent of the landlord. Desire by the tenant to sell or transfer its interest in the agreement to any other entity must have prior consent of the landlord. In no instance may the tenant sublease land or antenna attachment space to another wireless provider. This scenario would require approval of another lease document to be generated between the new tenant and the landlord prior to installation. On ground leases when the local government does not own the antenna support structure, local governments should prohibit the tenant rights to sublease ground area, thereby enabling the local government to directly lease ground space to subsequent wireless providers for their ground equipment. Additional wireless providers should have to negotiate a rental agreement with the landlord for any new wireless infrastructure space so that reasonable revenue accrues to the local government. However, it should be noted that this provision may create a more expensive proposition for subsequent providers to colocate on the structure, as the proposed tenant would have to negotiate a ground rent with the landlord and a space lease with the support structure owner. 9 Countywide Model Lease for Wireless Telecommunications Installations Section 17. Notices. The legal, official mailing addresses for the tenant and landlord are memorialized in this section. All notices sent between the tenant and the landlord shall be sent by first class certified or registered mail, with a returned receipt requested, or by a nationally recognized overnight courier. Section 18. Severability. In the unlikely event that any of the terms or conditions of the lease are determined unenforceable, the remaining terms and conditions continue to be binding until the unenforceable items are resolved between the tenant and the landlord. If any of the terms or conditions determined unenforceable materially affect the agreement, then either party, on 10-days written notice, may terminate the agreement. Section 19. Condemnation. In the unlikely event of the condemnation of the landlord's property, Section 19 outlines the responsibilities of the landlord to the tenant and the possibilities of financial reimbursements to the tenant. Section 20. Casualty. Section 20 offers protection to the tenant in the event of damage to the property by fire or other casualty. In the event the property is determined to be unsuitable, the tenant has the option to terminate the lease and to collect all insurance proceeds payable to the tenant, and to collect any reimbursements for any prepaid rent from the landlord. Section 21. Waiver of landlord's Liens. Section 21 is a typical lease provision waiving a landlord's statutory lien rights. It is normally required by a tenant's lenders in order to subordinate the landlord's statutory lien behind a lender's collateral security interest in the tenant's personal property (in this case, the support structure and/or antenna facilities). Stated more simply, virtually every tenant will require this provision in order to comply with their lender's loan documentation. Section 22. Removal of Old Antenna Support Structure. Section 22 is only applicable when replacing an existing antenna support structure. In this scenario the tenant is responsible for the costs of removing the existing structure. 10 Executive Summary and Implementation Guidelines Section 23. Miscellaneous. The section groups ten miscellaneous items under one heading, including: Amendment/Waiver, Memorandum/Short Form Lease, Bind and Benefit, Entire Agreement, Governing Law, Waiver of Jury Trial, Interpretation, Estoppel, Electronic Signature, and Radon Gas. These subjects are typical contractual tenus common to most lease agreements, and contain references to governing law, the manner in which the agreement may be amended, provision of estoppel letters by either party, and other common "boilerplate" lease provisions. However, they should be examined for appropriateness by the local government attorney. For example, some jurisdictions may not choose to waive their right to a jury trial. The remaining pages of the document are for signatures and exhibit attachments. Note that Attachment A, the Memorandum or Short Form of Lease, will need to be supplied by the local government. 11 Countywide Model Lease for Wireless Telecommunications Installations This page intentionally left blank. 12 ApPENDIX A Countywide Model Lease for Wireless Telecommunications Installations Appendix A Countywide Model Lease for Wireless Telecommunications Installations This page intentionally left blank. Appendix A Market: Florida Site Number: Address: Date: COUNTYWIDE MODEL LEASE FOR WIRELESS TELECOMMUNICATIONS INSTALLATIONS OPTION A: LAND LEASE OPTION B: COLOCATION/ATTACHMENT LEASE OPTION C: REPLACEMENT ANTENNA SUPPORT STRUCTURE LEASE 1 THIS LEASE AGREEMENT 2 ("Agreement"), dated as of the date below, 3 is entered into by , 4 a Florida {municipal corporation! county}, 5 having a mailing address of 6 (hereinafter 7 referred to as "Landlord") and (Name of 8 Provider) having a mailing address of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (hereinafter referred to as "Tenant"). BACKGROUND. OPTION A. [Land Lease] Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at { include legal description of Property}, in the County of Pinellas, State of Florida (collectively "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business to provide space for Tenant's equipment, and to construct a (type of facility) (the "Antenna Support Structure") capable of accommodating Tenant's communications antennas and at least other potential tenants' communications antennas. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. 37 38 39 40 Landlord owns that certain plot, 41 parcel or tract of land, together with all 42 rights and privileges arising in 43 connection therewith, located at 44 { include 45 legal description of Property}, in the 46 County of Pinellas, State of Florida 47 (collectively "Property"). Tenant desires 48 to use a portion of the Property in 49 connection with its federally licensed 50 communications business to provide 51 space for Tenant's equipment, and to 52 affix its communications antennas to the 53 existing (type of Antenna Support 54 Structure or structure) communications 55 Antenna Support Structure (the 56 "Antenna Support Structure", "Water 57 Tank" or "Rooftop") at a height of _ 58 feet. Landlord desires to grant to Tenant 59 the right to use a portion of the Property 60 in accordance with this Agreement. 61 TENANT ACKNOWLEDGES AND 62 AGREES THAT IT MAY BE 63 REQUIRED TO SEPARATELY 64 LEASE SPACE ON THE ANTENNA 65 SUPPORT STRUCTURE FROM THE 66 ANTENNA SUPPORT STRUCTURE 67 OWNER FOR ITS ANTENNAS. 68 69 BACKGROUND. OPTION B. [Colocation! Attachment Lease] 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 BACKGROUND. OPTION C. [Replacement Antenna Support Structure Lease] Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at { include legal description of Property}, in the County of Pinellas, State of Florida (collectively "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business to provide space for Tenant's equipment, and to (i) dismantle the existing Antenna Support Structure ("Old Antenna Support Structure") and (ii) construct a {type of facility} (the "New Antenna Support Structure") capable of accommodating Tenant's communications antennas and at least _ other potential tenants' communications antennas. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: SECTION 1. LEASE OF PREMISES. Landlord leases to Tenant a certain portion of the Property containing approximately _ square feet as described on attached Exhibit 1, together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property as described on the attached Exhibit 1 (collectively the "Premises"), provided that such access shall not interfere with other governmental functions occurring on the property. 2 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 SECTION 2. PERMITTED USE. OPTIONS A and B [Land and Colocation/ Attachment Leases] (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related equipment, feed lines, accessories and improvements, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"); such use may include the right to install additional antennas and associated feed lines to provide emergency 911 communication services (in accordance with applicable provisions of Section of the Code for the {City/County/Town} of and/or any applicable Florida state statutes), as well as the right to test, survey and review title on the Property (collectively, the "Permitted Use"). Landlord and Tenant agree that the specific site plan for the Communication Facility shall be subject to review and approval by the {City/County/Town} of . Said approval shall not be unreasonably withheld, conditioned or delayed by the {City/County/Town} of Tenant shall submit all required applications and required fees for permits to the appropriate City, County, State or Federal agencies for review and approval of the Communications Facility. Tenant has the right to install and operate transmission feed lines from 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 the equipment shelter or cabinets to the existing support structure, electric lines from the main feed to the equipment shelter or cabinets and communication lines from the main entry point to the equipment shelter or cabinets, and to make Property improvements, alterations, or additions appropriate for Tenant's use ("Tenant Changes"), subject to Landlord's approval. Tenant Changes include the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Premises III order to accomplish Tenant Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations, subject to Landlord's approval. (b) Prior to the initial installation of Tenant Changes, Tenant will supply the Landlord with plans and specifications ("Plans") to be reviewed and approved by the Landlord prior to commencement of Tenant Changes. Landlord's approval will not be umeasonably withheld, conditioned or delayed. After approval, the Plans will be considered incorporated in this Agreement as Exhibit 1. If the Landlord disapproves the Plans then the Tenant will provide the Landlord with revised Plans, such revisions to be within Tenant's reasonable 3 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 discretion, which shall be subject to Landlord's review and approval. SECTION 2. PERMITTED USE. OPTION C [Replacement Antenna Support Structure Lease] (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related equipment, feed lines, accessories and improvements, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "New Antenna Support Structure"); such use may include the right to install additional antennas and associated feed lines to provide emergency 911 communication services (in accordance with applicable provisions of Section of the Code for the {City/County/Town} of and/or any applicable Florida state statutes), as well as the right to test, survey and review title on the Property (collectively, the "Permitted Use"). Landlord and Tenant agree that the specific site plan for the Communication Facility shall be subject to reVIew and approval by the {City/County/Town} of . Said approval shall not be umeasonably withheld, conditioned or delayed by the {City/County/Town} of Tenant shall submit all required applications and required fees for permits to the appropriate City, County, State or Federal agencies for review and 242 approval of the Antenna Support 243 Structure. Tenant has the right to install 244 and operate transmission feed lines from 245 the equipment shelter or cabinets to the 246 new antenna support structure, electric 247 lines from the main feed to the equipment 248 shelter or cabinets and feed lines from the 249 main entry point to the equipment shelter 250 or cabinets, and to make Property 251 improvements, alterations, or additions 252 appropriate for Tenant's use ("Tenant 253 Changes"), subject to Landlord's approval. 254 Tenant Changes include the right to 255 construct a fence around the Premises and 256 undertake any other appropriate means to 257 secure the Premises. Tenant agrees to 258 comply with all applicable governmental 259 laws, rules, statutes and regulations, 260 relating to its use of the Communication 261 Facility on the Property. Tenant has the 262 right to modify, supplement, replace, 263 upgrade, expand the equipment, or 264 relocate the Communication Facility 265 within the Premises at any time during the 266 term of this Agreement. Tenant will be 267 allowed to make such alterations to the 268 Premises in order to accomplish Tenant 269 Changes or to msure that Tenant's 270 Communication Facility complies with all 271 applicable federal, state or local laws, 272 rules or regulations, subject to Landlord's 273 approval. 274 (b) Prior to the initial 275 installation of Tenant Changes, Tenant 276 will supply the Landlord with plans and 277 specifications ("Plans") to be reviewed 278 and approved by the Landlord prior to 279 commencement of Tenant Changes. 280 Landlord's approval will not be 281 umeasonably withheld, conditioned or 282 delayed After approval, the Plans will be 283 considered incorporated in this Agreement 284 as Exhibit 1. If the Landlord disapproves 285 the Plans then the Tenant will provide the 286 Landlord with revised Plans, such 287 reVISIOns to be within Tenant's 288 reasonable discretion, which shall be 289 subject to Landlord's reVIew and 290 approval. 291 292 SECTION 3. TERM. 293 (a) The initial lease term will be 294 five (5) years ("Initial Term"), 295 commencing upon the Commencement 296 Date, as defined below. The Initial Term 297 will terminate on the last day of the 298 month m which the fifth annual 299 anniversary of the Commencement Date 300 occurs. 301 (b) This Agreement may be 302 renewed for five (5) additional five (5) 303 year term(s) (each five (5) year term 304 shall be defined as the "Extension 305 Term"), upon the same terms and 306 conditions unless the Landlord or Tenant 307 notifies the other party in writing of 308 Tenant's intention not to renew this 309 Agreement at least ninety (90) days prior 310 to the expiration of the existing Term (as 311 defined below). 312 (c) If Tenant remams m 313 posseSSIOn of the Premises after the 314 termination or expiration of this 315 Agreement then Tenant will be deemed 316 to be occupying the Premises on a month 317 to month basis (the "Holdover Term"), 318 subject to the same terms and condition 319 of this Agreement. 320 (d) The Initial Term, the 321 Extension Term and the Holdover Term 322 are collectively referred to as the 323 ("Term"). 324 325 SECTION 4. RENT. 326 (a) Commencing on the date 327 that Tenant commences construction (the 328 "Commencement Date"), Tenant will 329 pay the Landlord a yearly rental payment 4 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 of $ , ("Rent"), at the address set forth below on or before the 5th day of each lease year in advance. Rent will be prorated for any partial year. Landlord and Tenant acknowledge that the initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Commencement Date. Payment shall be sent to [{City/County/Town}] of -, (b) On the first anniversary of the Commencement Date, and on each anniversary of the Commencement Date year thereafter, including throughout any Extension Terms exercised, the yearly Rent will be increased {by five percent (5% )/based on the Consumer Price Index or other agreed indicator} over the previous year's Rent. SECTION 5. APPROVALS. ( a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use, and Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals"). Landlord authorizes Tenant to prepare, execute and file, at Tenant's sole cost and expense, all required applications to obtain Governmental Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications. In addition, Tenant shall have the right to initiate the ordering and/or scheduling of necessary utilities. 5 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Premises surveyed by a surveyor of Tenant's choice. In the event Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory, Tenant will have the right to terminate this Agreement upon notice to Landlord. (c) Tenant may also obtain, at Tenant's sole cost and expense, soil boring, percolation, engineering procedures, environmental investigation or other tests or reports (collectively the "Tests") on, over, and under the Property, necessary to determine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Governmental Approvals, provided that Tests shall not interfere with other existing uses occurring on the property. In the event Tenant determines, in its sole discretion, due to the results of any Tests, that the condition of the Premises is unsatisfactory, Tenant will have the right to terminate this Agreement upon notice to Landlord. SECTION 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to 418 obtain, or maintain, any required 419 approval( s) or the issuance of a license or 420 permit by any agency, board, court or 421 other governmental authority necessary for 422 the construction or operation of the 423 Communication Facility as now and 424 hereafter intended by Tenant; or if Tenant 425 determines in its sole discretion that the 426 cost of obtaining or retaining the same is 427 commercially unreasonable. 428 ( c) by Tenant, for any reason, 429 provided that Tenant pays Landlord a 430 termination fee equal to six-months rent at 431 the current lease rates. 432 (d) by Landlord on thirty (30) 433 days notice for convenience. 434 435 SECTION 7. INSURANCE. 436 Tenant will carry during the Term, 437 at its own cost and expense, the following 438 insurance: (i) "All Risk" property 439 insurance for its property's replacement 440 cost; (ii) commercial general liability 441 insurance with a minimum limit of 442 liability of $2,500,000 combined single 443 limit for bodily injury or death/property 444 damage arising out of anyone occurrence; 445 and (iii) Workers' Compensation 446 Insurance as required by law. It is 447 understood and agreed that the coverage 448 afforded by Tenant's commercial general 449 liability insurance also applies to Landlord 450 as an additional insured, but only with 451 respect to Landlord's liability arising out 452 of its interest in the Property. Tenant shall 453 provide to Landlord a copy of a certificate 454 of insurance evidencing the coverage 455 required by this Paragraph within thirty 456 (30) business days of the Commencement 457 Date. 458 459 SECTION 8. INTERFERENCE. 460 (a) Where there are existing 461 radio frequency user(s) on the Property, 462 the Landlord will provide Tenant with a 463 list of all existing radio frequency user(s) 464 and their frequencies on the Property to 465 allow Tenant to evaluate the potential for 466 interference. Tenant warrants that its use 467 of the Premises will not interfere with 468 existing radio frequency users on the 469 Property so disclosed by Landlord, as 470 long as the existing radio frequency 471 user( s) operate and continue to operate 472 within their respective frequencies and 473 in accordance with all applicable laws 474 and regulations, including, specifically, 475 47 C.F.R. 922.371 and 47 C.F.R. 476 973.1692. Tenant agrees to provide 477 Landlord with advance notice of any 478 change in the height of Tenant's 479 antennas or any other modification of the 480 Communication Facility which 481 substantially affects the likelihood of 482 Tenant interfering with any other tenants 483 of Landlord. 484 (b) Landlord will not grant, 485 after the date of this Agreement, a lease, 486 license or any other right to any third 487 party for the use of the Property, if such 488 use may in any way adversely affect or 489 interfere with Tenant's Communications 490 Facility. Landlord will notify Tenant in 491 writing prior to granting any third party 492 the right to install and operate 493 communications equipment on the 494 Property. 495 (c) Landlord will not use, nor 496 will Landlord permit its employees, 497 tenants, licensees, invitees or agents to 498 use, any portion of the Property that in 499 any way interferes with the operations of 500 Tenant or the rights of Tenant under this 501 Agreement. Landlord will cause such 502 interference to cease within twenty-four 503 (24) hours after receipt of notice of 504 interference from Tenant. In the event 505 any such interference does not cease 6 506 within the aforementioned cure period 507 then Tenant will have the right, in addition 508 to any other rights that it may have at law 509 or in equity, for Landlord's breach of this 510 Agreement, to elect to enjoin such 511 interference or to terminate the Agreement 512 upon notice to Landlord. 513 (d) In the event that Tenant's 514 equipment installed pursuant to this Lease 515 Agreement is suspected of causing 516 interference to the Landlord's Public 517 Safety Communications equipment, 518 Tenant shall cooperate with Landlord in 519 determining if it is the source of the 520 interference and mitigating such 521 interference using the FCC Wireless 522 Telecommunications Bureau's "Best 523 Practices Guide". If Tenant fails to 524 cooperate with the Landlord in 525 determining if Tenant's equipment is the 526 source of the interference and/or fails to 527 cooperate in mitigating such interference, 528 Tenant shall be responsible to Landlord 529 for all expenses associated with 530 ascertaining and mitigating such 531 interference, and such amounts shall be 532 deemed to be Rent under this Lease 533 Agreement and due and payable 534 immediately to the Landlord. 535 536 SECTION 9. INDEMNIFICATION. 537 (a) Tenant agrees to indemnify, 538 defend and hold Landlord harmless from 539 and pay on behalf of the Landlord any 540 injury, loss, damage or liability (or any 541 claims in respect of the foregoing), costs 542 or expenses (including reasonable 543 attorneys' fees and court costs) arising out 544 of the installation, use, maintenance, repair 545 or removal of the Communication Facility 546 or Tenant's breach of any provision of this 547 Agreement, except to the extent 548 attributable to the negligent or intentional 549 act or omISSIOn of Landlord, its 550 employees or agents. 551 552 SECTION 10. WARRANTIES. 553 (a) Tenant and Landlord each 554 acknowledge and represent that it is duly 555 organized, validly existing, and in good 556 standing and has the right, power and 557 authority to enter into this Agreement 558 and bind itself hereto through the party 559 set forth as signatory for the party below. 560 (b) Landlord represents and 561 warrants that: (i) Landlord solely owns 562 the Property as a legal lot in fee simple, 563 or controls the Property by lease or 564 license; (ii) the Property is not 565 encumbered by any liens, restrictions, 566 mortgages, covenants, conditions, 567 easements, leases, or any other 568 agreements of record or not of record, 569 which would adversely affect Tenant's 570 Permitted Use and enjoyment of the 571 Premises under this Agreement; (iii) as 572 long as Tenant is not in default then 573 Landlord grants to Tenant sole, actual, 574 quiet and peaceful use, enjoyment and 575 possession of the Premises; (iv) 576 Landlord's execution and performance 577 of this Agreement will not violate any 578 Laws, ordinances, covenants or the 579 provisions of any mortgage, lease or 580 other agreement binding on the 581 Landlord; and (iv) if the Property is or 582 becomes encumbered by a deed to 583 secure a debt, mortgage or other security 584 interest, Landlord will use best efforts to 585 provide promptly to Tenant a mutually 586 agreeable Subordination, Non- 587 Disturbance and Attornment Agreement. 588 589 SECTION 11. ENVIRONMENTAL. 590 (a) Landlord and Tenant 591 agree that each will be responsible for 592 compliance with any and all 7 593 environmental and industrial hygiene laws, 594 including any regulations, guidelines, 595 standards, or policies of any governmental 596 authorities regulating or imposing 597 standards of liability or standards of 598 conduct with regard to any environmental 599 or industrial hygiene condition or other 600 matters as may now or at any time 601 hereafter be in effect, that are now or were 602 related to that party's activity conducted in 603 or on the Property. 604 (b) Tenant agrees (to the extent 605 permitted by law) to hold harmless and 606 indemnify Landlord from, and to assume 607 all duties, responsibilities and liabilities at 608 its sole cost and expense, (for payment of 609 penalties, sanctions, forfeitures, losses, 610 costs or damages) and for responding to 611 any action, notice, claim, order, summons, 612 citation, directive, litigation, investigation 613 or proceeding which is related to (i) failure 614 to comply with any environmental or 615 industrial hygiene law, including without 616 limitation any regulations, guidelines, 617 standards or policies of any governmental 618 authorities regulating or imposing 619 standards of liability or standards of 620 conduct with regard to any environmental 621 or industrial hygiene conditions or matters 622 as may now or hereafter be in effect, or (ii) 623 any enviromnental or industrial hygiene 624 conditions that arise out of or are in any 625 way related to the condition of the 626 Property or activities conducted by the 627 party thereon, unless the environmental 628 conditions are caused by the Landlord. 629 (c) The provisions of this 630 Paragraph 11 will survive the expiration or 631 termination of this Agreement. 632 633 SECTION 12. ACCESS. 634 635 OPTIONS A and B 636 [Land and ColocationJ 637 Attachment Leases] 638 639 At all times throughout the Term 640 of this Agreement, and at no additional 641 charge to Tenant, Tenant and its 642 employees, agents, and subcontractors, 643 will have {twenty-four (24) hour, seven 644 (7) day/other specified schedule} 645 pedestrian and vehicular access to and 646 over the Property, from an open and 647 improved public road to the Premises, 648 for the installation, maintenance, repair, 649 replacement and operation of the 650 Communication Facility and any utilities 651 serving the Premises, provided that all 652 local codes governing such activities, 653 including those pertaining to noise, are 654 complied with, and provided that such 655 access shall not interfere with other 656 governmental functions occurring on the 657 property, and Landlord hereby grants to 658 Tenant an easement for such access. 659 Upon Tenant's request, Landlord may 660 execute a separate recordable easement 661 evidencing this right. In the event any 662 public utility is unable to use the access 663 or easement provided to Tenant then the 664 Landlord hereby agrees to grant 665 additional access or easement either to 666 Tenant or to the public utility, for the 667 benefit of Tenant, at no cost to Tenant. 668 Tenant will endeavor to give Landlord 669 notice prior to accessing the Premises, if 670 feasible, provided, however, that neither 671 the giving of nor the failure to give such 672 notice by Tenant shall limit or eliminate 673 or be deemed to limit or eliminate any of 674 Tenant's rights of access described in 675 this Paragraph 12 or any of its other 676 rights herein. Notice as described in this 8 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 Section 12 shall mean at least 24 hours prior telephone notice to the Landlord's (name, title and phone of contact person). SECTION 12. ACCESS. OPTION C [Replacement Antenna Support Structure Lease] At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four {(24) hour, seven (7) day/other specified schedule} pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for (i) the dismantling and removal of the Old Antenna Support Structure and (ii) the installation, maintenance, repaIr, replacement and operation of the New Antenna Support Structure, the Communication Facility and any utilities serving the Premises, provided that all local codes governmg such activities, including those pertaining to noise, are complied with, and provided that such access shall not interfere with other governmental functions occurring on the property, and Landlord hereby grants to Tenant an easement for such access. Upon Tenant's request, Landlord may execute a separate recordable easement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant then the Landlord hereby agrees to grant additional access or easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. Tenant will endeavor to give Landlord notice prior to accessing the Premises, if feasible, provided, however, 9 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 that neither the giving of nor the failure to give such notice by Tenant shall limit or eliminate or be deemed to limit or eliminate any of Tenant's rights of access described in this Paragraph 12 or any of its other rights herein. Notice as described in this Section 12 shall mean at least 24 hours prior telephone notice to the Landlord's (name, title and phone of contact person). SECTION 13. REMOV AL/ RESTORATION. OPTION A [Land Lease] All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant shall become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant shall remove all of Tenant's above-ground improvements and, at Landlord's election, either leave the Antenna Support Structure intact on the Property, modify the height of the Antenna Support Structure, or remove 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 the Antenna Support Structure. Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. {T enant will not be responsible for the replacement of any trees, shrubs, or other vegetation nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilities.} SECTION 13. REMOV ALl RESTORATION. OPTION B [Colocationl Attachment Lease] All portions of the Communication Facility brought onto the Property by Tenant will be and remam Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant shall become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant shall remove all of Tenant's above- ground improvements and will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond 10 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 Tenant's control excepted. {Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilities.} SECTION 13. REMOV ALl RESTORATION. OPTION C [Replacement Antenna Support Structure Lease] All portions of the New Antenna Support Structure brought onto the Property by Tenant will be and remain Landlord's personal property. All equipment attached onto the new antenna support structure and ancillary ground equipment will be and shall remam Tenant's Property and, at Tenant's option, may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant shall remove all of Tenant's above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. {Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilities.} SECTION 14. MAINTENANCEI UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, 853 reasonable wear and tear and damage from 854 the elements excepted. Landlord will 855 maintain and repair the Property and 856 access thereto, in good and tenantable 857 condition, subject to reasonable wear and 858 tear and damage from the elements. 859 (b) Tenant will be solely 860 responsible for and promptly pay all 861 utilities charges for electricity, telephone 862 service or any other utility used or 863 consumed by Tenant on the Premises. 864 Landlord will cooperate with any utility 865 company requesting an easement over, 866 under and across the Property in order for 867 the utility company to provide service to 868 the Tenant. {In the event Tenant cannot 869 secure its own metered electrical supply, 870 Tenant will have the right, at its own cost 871 and expense, to submeter from the 872 Landlord. Tenant will pay on a monthly 873 basis the current local utility company rate 874 for submetered electric, after the meter is 875 read by the Landlord and billed to Tenant. 876 Landlord will not be responsible for 877 interference with, interruption of or 878 failure, beyond the reasonable control of 879 Landlord, of such services to be furnished 880 or supplied by Landlord.} 881 882 SECTION 15. DEFAULT AND 883 RIGHT TO CURE. 884 (a) The following will be 885 deemed a default by Tenant and a breach 886 of this Agreement: (i) non-payment of 887 Rent if such Rent remains unpaid for more 888 than thirty (30) days after receipt of 889 written notice from Landlord of such 890 failure to pay; or (ii) Tenant's failure to 891 perform any other term or condition under 892 this Agreement within forty-five (45) days 893 after receipt of written notice from 894 Landlord specifying the failure. No such 895 failure, however, will be deemed to exist if 896 Tenant has commenced to cure such 897 default within such period and provided 898 that such efforts are prosecuted to 899 completion with reasonable diligence. 900 Delay in curing a default will be excused 901 if due to causes beyond the reasonable 902 control of Tenant. If Tenant remains in 903 default beyond any applicable cure 904 period, Landlord will have the right to 905 exercise any and all rights and remedies 906 available to it under law and equity. 907 (b) The following will be 908 deemed a default by Landlord and a 909 breach of this Agreement. Landlord's 910 failure to perform any term, condition or 911 breach of any warranty or covenant 912 under this Agreement within forty-five 913 (45) days after receipt of written notice 914 from Tenant specifying the failure. No 915 such failure, however, will be deemed to 916 exist if Landlord has commenced to cure 917 the default within such period and 918 provided such efforts are prosecuted to 919 completion with reasonable diligence. 920 Delay in curing a default will be excused 921 if due to causes beyond the reasonable 922 control of Landlord. If Landlord remains 923 in default beyond any applicable cure 924 period, Tenant will have the right to 925 exercise any and all rights available to it 926 under law and equity, including the right 927 to cure Landlord's default and to deduct 928 the costs of such cure from any monies 929 due to Landlord from Tenant. 930 931 SECTION 16. ASSIGNMENT! 932 SUBLEASE. 933 934 OPTION A 935 [Land Lease] 936 937 Tenant will have the right to 938 assign, sell or transfer its interest under 939 this Agreement without the approval or 940 consent of Landlord, to the Tenant's 11 941 principal, affiliates, subsidiaries, 942 subsidiaries of its principal or to any entity 943 which acquires all or substantially all of 944 the Tenant's assets in the market defined 945 by the Federal Communications 946 Commission in which the Property is 947 located by reason of a merger, acquisition, 948 or other business reorganization. Upon 949 notification to Landlord of such 950 assignment, transfer or sale, and 951 assumption by said third party of all rights 952 and responsibilities under this lease, 953 Tenant will be relieved of all future 954 performance, liabilities and obligations 955 under this Agreement. As to other parties, 956 this Agreement may not be sold, assigned 957 or transferred without the written consent 958 of the Landlord, which consent shall not 959 be unreasonably withheld, delayed or 960 conditioned. and upon such consent from 961 Landlord, and assumption by said third 962 party of all rights and responsibilities 963 under this lease, Tenant will be relieved of 964 all future performance, liabilities and 965 obligations under this Agreement. In the 966 event other any wireless communications 967 provider ("Provider") desires to collocate 968 equipment on the Premises and Antenna 969 Support Structure, the Provider must enter 970 into (i) a separate ground lease or license 971 with Landlord, and Landlord shall be 972 entitled to keep all rents or fees under such 973 ground lease or license, and (b) a separate 974 Antenna Support Structure lease or license 975 with Tenant, and Tenant shall be entitled 976 to keep all rents or fees under such 977 Antenna Support Structure lease or 978 license. In no event will the term of any 979 such ground or Antenna Support Structure 980 lease or license with another Provider 981 extend beyond the Term of this 982 Agreement, and the ability of any Provider 983 to use the Antenna Support Structure shall 984 at all times be subject to the Antenna 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 12 Support Structure's engineering, design and wind loading specifications. SECTION 16. ASSIGNMENT! SUBLEASE. OPTION B [Collocation! Attachment Lease] Tenant will have the right to assign, sell or transfer its interest under this Agreement without the approval or consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. Upon notification to Landlord of such assignment, transfer or sale, and assumption by said third party of all rights and responsibilities under this lease, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. And upon such consent from Landlord, and assumption by said third party of all rights and responsibilities under this lease, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. Tenant shall not be permitted to sublease any of the Property to any third parties. 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 SECTION 16. ASSIGNMENT/ SUBLEASE. OPTION C [Replacement Antenna Support Structure Lease] Tenant will have the right to assign, sell or transfer its interest under this Agreement without the approval or consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. Upon notification to Landlord of such assignment, transfer or sale, and assumption by said third party of all rights and responsibilities under this lease, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which consent shall not be umeasonably withheld, delayed or conditioned. And upon such consent from Landlord, and assumption by said third party of all rights and responsibilities under this lease, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. Tenant shall not be permitted to sublease any portion of the Property under this lease. In the event other any wireless communications provider ("Provider") desires to collocate equipment on the Premises and New Antenna Support Structure, the Provider must enter into (i) a separate ground lease or license with 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 13 Landlord, and Landlord shall be entitled to keep all rents or fees under such ground lease or license, and (ii) a separate Antenna Support Structure lease or license with Tenant, and Tenant shall be entitled to keep all rents or fees under such Antenna Support Structure lease or license. In no event will the term of any such ground or Antenna Support Structure lease or license with another Provider extend beyond the Term of this Agreement, and the ability of any Provider to use the New Antenna Support Structure shall at all times be subject to the New Antenna Support Structure's engineering, design and wind loading specifications. SECTION 17. NOTICES. All notices, requests, demands and communications hereunder will be given by first class celtified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered.. Notice will be addressed to the parties as follows. As to Tenant ; and as to Landlord, FL . Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. SECTION 18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 Agreement then the Agreement may be terminated by either party on ten (10) days prior written notice to the other party hereto. SECTION 19. CONDEMNATION. If a condemning authority takes all of the Property, or a portion sufficient to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. SECTION 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours of Landlord's discovery of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent. SECTION 21. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion IS deemed real or personal 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 14 property under applicable law, and Landlord hereby consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. SECTION 22 (INTENTIONALLY OMITTED FOR OPTIONS A and B) SECTION 22. REMOVAL OF OLD ANTENNA SUPPORT STRUCTURE. OPTION C [Replacement Antenna Support Structure Lease] Tenant agrees to utilize and pay for the services of ("Contractor") to remove the Old Antenna Support Structure and disconnect electrical service to same. Landlord shall use best efforts to provide Tenant with all available technical information concerning the Old Antenna Support Structure to assist Tenant in having it dismantled. SECTION 23. MISCELLANEOUS. (a) AmendmentlWaiver. This Agreement cannot be amended, modified or revised unless done III writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Memorandum/Short Form Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease substantially in the form of 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 Attachment 1. Either party may record this Memorandum or Short Form of Lease at any time, in its absolute discretion. (c) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and supersedes all prior offers, negotiations and agreements. (e) Governing Law. This Agreement will be governed by the laws of the state of Florida, without regard to conflicts of law. Venue for any action arising from this Agreement shall be the Circuit Court of the 6th Judicial Circuit in and for Pinellas County, Florida. (f) Waiver of Jury Trial. It is mutually agreed by and between Landlord and Tenant that the respective parties hereto will and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other, (except for personal injury or property damage) on any matters whatsoever arising out of or in any way connected with this Agreement, the relationship of Landlord and Tenant, Tenant's use of or occupancy of said Premises, and any emergency statutory or any other statutory remedy. (g) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 15 mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (h) Estoppel. Either party will, at any time upon fifteen (15) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The requested party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 no more than one month's Rent has been paid in advance. (i) No Electronic Signature /No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. G) Radon Gas. In accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS": RADON IS A 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 NA TURALL Y OCCURRING RADIOACTIVE GAS THAT WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSON WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON GAS THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEAL TH DEPARTMENT. [SIGNATURES AND ACKNOWLEDGMENTS ON NEXT PAGE] 16 IN WITNESS WHEREOF, the parties hereto have made and executed Agreement on the respective dates beside each signature. The {City/Town/County} of , through its {City/ Town/County Council/Commission}, signing by and through its {Mayor/Manager and the City/Town/County Manager}, authorized to execute same by {City/Town/County Council/Commission}. WITNESSES: "LANDLORD" By: {CITY/TOWN/COUNTY} OF a Florida municipal corporation Print Name: By: Print Name: Its: Mayor Date: FEIN: By: Print Name: WITNESSES: By: Print Name: By: Print Name: By: Print Name: Its: {City/Town/County Manager} Date: ATTEST: {City/Town/County} Clerk Approved by Resolution No. , Dated Approved as to Form: , City/Town/County Attorney Date "TENANT" WITNESSES: By: Print Name: (INSERT NAME) By: Print Name: Its: Date: By: Print Name: 17 TENANT STATE OF FLORIDA ) ss: COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2004, by of , a corporation, on behalf of the corporation, ( ) who is personally known to me or produced a valid driver's license as identification. Notary Public Print Name: My commission expires: STATE OF FLORIDA LANDLORD !Citv/Town/Countv} ) ) ss: ) COUNTY OF PINELLAS by The foregoing instrument was acknowledged before me this _ day of [name of representative], [title] of a Florida municipal corporation, ( ,2004, the the who is as personally known OR ( ) who has produced identification. Notary Public Print Name: My commission expires 18 EXHIBIT 1 DESCRIPTION OF PREMISES Page I of_ to the Lease Agreement dated {CITY/TOWN/COUNTY} OF as Landlord, and Tenant. 2004, by and between a Florida {municipal corporation/county}, , a corporation, as The Premises are described and/or depicted as follows {include legal description of Property} : 19 ATTACHMENT 1 MEMORANDUM OR SHORT FORM OF LEASE (to be attached by the local government) [FOLLOWS ON NEXT PAGE] 20 ApPENDIX B Recommendation for Lease Rates Basic system pricing negotiations should begin with a monthly lease rate between $1,200 and $1,500 (or $14,400 and $18,000 annually). A basic system consists of: . Three antennas . Three? -inch feed lines . Antenna elevation between 40 feet and 120 feet . 100 square feet of ground space Additional equipment: . Each additional antenna/feed line (? -inch) . Additional feed lines per antenna (? - inch) . Substitute one? -inch feed line per line . Additional ground space up to 250 square feet . Link microwave dish two feet or less . Generator $ 50.00 per month $ 25.00 per month $ 10.00 per month $ 75.00 per month $ 250.00 per month $ 100.00 per month This is average pricing that is consistent with the current market. Annual escalations tend to range between 3% and 5%, and the industry prefers five-year term agreements with up to five automatic renewals of five years each. Prices may vary, even within the same jurisdiction, as demand and availability change. These rates should be reviewed at least every 12 months. Appendix B Countywide Model Lease for Wireless Telecommunications Installations This page intentionally left blank. Appendix B ApPENDIX C Leasing Process Appendix C Countywide Model Lease for Wireless Telecommunications Installations This page intentionally left blank. Appendix C Leasing Process Lease request is forwarded to negotiator. The leasing of {City/County/Town} properties will be coordinated by the "negotiator," a contact person designated by the jurisdiction to work with the applicant, {City/County/Town} staff, { and attorney} to execute all lease agreements. The negotiator is responsible for determining the initial business term recommendations for each individual lease, and should have a general understanding of the standard types of wireless telecommunications infrastructure installations, including number, type, and size of antennas, and the size and type of ground equipment and utility services that will be necessary for the installation. The negotiator should also be apprised of local market rates for existing leases in geographic regions with similar demographics. Negotiator responds to request by having prospective tenant (applicant) fill out application form. Negotiator contacts {City/County/Town} management to confirm interest in having a tenant. Ifthere is interest, the application is processed. Site evaluation completed by the applicant. Negotiator establishes negotiating terms based on information from service provider and market information maintained in files and/or database. Once the negotiator determines the terms of the lease, including escalations, the recommendations should be presented to {City/County/Town} management for approval. If approved, the agreed-upon lease terms can be sent to the {City/County/Town} attorney for processing. Negotiator formulates lease terms. Negotiator presents proposed lease terms to {City/County/Tov.l1} management. Modify Transaction The {City/County/Town} attorney should be the decision-maker for the final lease language. Once the {City/County/Town} attorney and the negotiator have agreed upon the lease language, the document can be prepared for signatures. Once the lease is signed by the applicant and approved via public hearing, the lease is considered executed and should commence upon the identified date. Legal Department forwards lease to applicant to review. {City/County/Town } attorney will renegotiate transaction. Final lease prepared for signatures and t1nal approval. DEVELOPING AN ENHANCED WIRELESS FACILITIES TRACKING SYSTEM FOR PINELLAS COUNTY DEVELOPING AN ENHANCED WIRELESS FACILITIES TRACKING SYSTEM FOR PINELLAS COUNTY Pinellas Planning Council Councilmember Bill Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra Bradbury, Treasurer Mayor Jerry Beverland, Secretary Councilor Pete Bengston Mayor Beverley Billiris Mayor Robert H. DiNicola Commissioner Robert Hackworth Mayor Robert E. Jackson, Ph.D. School Board Member Linda Lerner Commissioner Deborah Martohue Commissioner John Morroni Commissioner Nadine S. Nickeson Countywide Planning Authority Commissioner John Morroni, Chairman Commissioner Kenneth T. Welch, Vice-Chairman Commissioner Ronnie Duncan Commissioner Calvin D. Harris Commissioner Susan Latvala Commissioner Robert B. Stewart Commissioner Karen Williams Seel Prepared by the Pinellas Planning Council and CityScape Consultants, Inc. March 16, 2005 TABLE OF CONTENTS Action Plan A. Introduction................................................................................................... 1 B. Background................................................................................................... 1 C. Reasons to Collect the Data ..........................................................................1 D. Industry Trends............................................................................................. 2 E. Data to be Collected ......... ...................... ......... ............ ......... ...... ......... .......... 3 F. Data Collection Process .............................................. ........ ...... .......... ...... .... 6 G. Use of the Collected Data............................................................................. 7 H. Conclusion..................................................................................................... 8 Using Wireless Facilities Management to Generate Additional Public Revenues ...... ...... ...... ... ...... ....... ... ...... ...... ........ .... ......... .......... Appendix A Sample Letter and Information Form for Wireless Industry Representatives................................................................................. Appendix B ACTION PLAN A. Introduction In conjunction with CityScape Consultants, Inc., the Pinellas Planning Council has been studying wireless facilities management in Pinellas County. During the course of the study, local government and private sector representatives have indicated a need for more accurate tracking of existing and future facilities. While there is a centralized countywide database to track these facilities, enhancement of the current system is needed to improve the accuracy of the information. In addition, a more comprehensive collection of data is needed to support local government initiatives that have not previously been pursued, such as generating additional public revenues (see Appendix A). B. Background In 1996, the federal government amended Section 704 of the federal Telecommunications Act and clearly established local government zoning authority over the deployment of wireless telecommunication facilities within their jurisdictions, subject to specific guidelines. It was at this time that the Pinellas County Planning Department developed a tracking method to collect and record information concerning the approval of new facilities. To facilitate the process, a standard form requesting information was created and sent to the twenty-five local governments in Pinellas County. The goal was for local planners or other appropriate personnel to complete the forms and return them to the Planning Department on a quarterly basis for review and entry into a centralized database. The response to the requests for information has been moderate, but not consistent or timely. In actual practice, most data are only submitted to the county annually in response to reminder notices. Some communities have returned the forms with vague information, while others have never returned any data about permits filed for new facilities. C. Reasons to Collect the Data It is difficult to ascertain the current deployment patterns and benefits to local policies without an accurate countywide database of existing facility locations. The principal reasons to maintain such as database are: . To manage the deployment of future wireless infrastructure in order to prevent negative visual impact; 1 Developing an Enhanced Wireless Facilities Tracking System for Pinel/as County · To enforce, and monitor the effectiveness of, local ordinance requirements; · To improve the capability of the local government and industry to respond to any emergency-related issues; · To track new and existing antenna and ground equipment installations accurately for taxing purposes; · To aid in developing a marketing plan to lease publicly-owned sites for the placement of wireless facilities, for those local governments wishing to pursue such a policy; · To track compliance with public property leases; · To provide accurate and timely data to wireless service providers to meet the needs of the community; and · To make information available to local government and industry representatives for various other analyses. Policy and ordinance recommendations concerning these topics have been addressed in the Countywide Model Wireless Telecommunications Ordinance created by the Pinellas Planning Council and CityScape. However, the effectiveness of the goals and objectives of this (or any other) ordinance can only be measured by the adopting community if new infrastructure installations are tracked, observed, and compared to the intent of the development standards. D. Industry Trends A number of technological and social trends are currently influencing the wireless industry, and will cause service providers to construct new facilities and upgrade existing ones at higher levels of activity than has been seen in recent years: · The shift from analog to digital technology: In 2003, the Federal Communications Commission (FCC) announced that it would permit a five-year plan to phase out the use of analog compatibility requirements for cellular phones. However, the FCC's action still allows providers the option to continue analog services as needed to meet customer needs. About 85% of all wireless subscribers are already using digital technology, and wireless users generally replace their phones every eighteen months. Thus, the five-year phase out period is more than ample time to migrate the remaining analog users to digital service, which also has the added benefit of increasing a cell site's caller capacity. · The expansion of text messaging services: Wireless carriers have recently begun participating in a program that allows customers to communicate through text messaging with customers of other carriers. Customers can now send and receive text messages from virtually anywhere, anytime in the world. The technology has proven 2 Action Plan to be very successful worldwide, with more than 1 billion messages sent per day. In Europe, 15% of wireless carriers' revenue in 2003 came from text messaging. Today, every digital phone that is sold in the United States has text messaging capability. The growth of this service will undoubtedly lead to a greater demand for wireless facility installations due to the additional spectrum required by text messaging. · The expansion of wireless Internet services: A new class of wireless services is known as "Wi-Fi," in which consumers can connect to the Internet without a standard wired modem. Wi-Fi networks provide fixed locations where anyone with a laptop computer and a wireless access card can reach the Internet. These services are being increasingly provided in public locations such as college campuses and libraries, as well as commercial establishments such as coffee houses, often for a fee. Continuation of this trend will require many new antennas to be deployed in areas where these services are provided. (For further discussion of this topic, see Appendix A.) · Future generations of wireless technology: Third, fourth, and fifth generations of wireless deployment will accompany the next phases of technology and place greater demands on network capacity. With voice, text, video, and other data all competing for spectrum space, providers will need to maximize their allocations by creating more compact antennas and placing equipment locations at closer intervals. The result will be a significant increase in the number of facilities in virtually every community. E. Data to be Collected The data collected thus far by the Pinellas County Planning Department has largely been derived from building permit information provided by local governments. However, the process is dependent on receiving timely, accurate, and complete data from all jurisdictions, which does not always occur. The information provided varies widely, both in quantity and quality. To help address these deficiencies, FCC and Federal Aviation Administration (FAA) online databases have been used as supplemental information sources. Unfortunately, most of the data collected by these agencies are limited to antenna support structures exceeding 199 feet in height, or located within certain designated areas of airports and landing strips. The agencies do not verify the data on a site-by-site basis, meaning that if the location or height of the facility is reported incorrectly, the error usually goes undetected. Therefore, they cannot be relied upon as primary information sources. Another difficulty pertains to the variety of formats in which facilities are mapped. In the countywide database, locations are assigned according to site address, parcel identification number, or latitude and longitude, depending on the information provided. But mapping software programs provide many different models, called coordinate 3 Developing an Enhanced Wireless Facilities Tracking System for Pinel/as County systems, which can cause the reported locations of facilities to vary significantly. For example, most wireless industry organizations locate their facilities based on a system called North American Datum (NAD) 83. The FCC has recently switched from an older system, NAD 27, to the newer NAD 83. Both the Pinellas County Planning Department and the FAA, meanwhile, continue to use NAD 27. Depending on the mapping software being used, differences between the two systems can cause the reported locations of objects to differ by as many as 200 meters. (See Figure 1 for illustration.) Figure 1 Detail of the Treasure Island Coastline Using Two Different Coordinate Systems D NAD.27 _ NAD83 If the coordinate systems used by the applicants, federal agencies, and local governments do not match, and the necessary conversions are not made prior to mapping the data, facilities may appear in the wrong locations. Fieldwork conducted by PPC staff during the course of this study suggests that this type of error has occurred locally in at least a few cases. The Pinellas County Planning Department has obtained substantial data from local governments, and to a lesser extent from the FCC and FAA. However, given the above issues, the accuracy of this information should be verified. The countywide database would also benefit from the addition of a number of data fields, as shown in Table 1. 4 Action Plan Table 1 Wireless Facility Data Recommended for the Countywide Database Data Currently Collected Recommended Additional Data . City and state . Pine lIas County parcel identification . Facility address number . Name and address of facility owner . Zoning category . Name and address of property owner . Land use designation . Facility height . Site acreage . Facility elevation (Above Ground Level . Coordinate system (preferably NAD 83) [AGL] and facility height combined) . Names and addresses of providers/tenants . Subdivision block data located on facility . Latitude and longitude . Name and address of site manager (if . X and Y coordinates applicable) . Data source . Local planning agency within the . Site location number jurisdiction to contact about the zoning . Date the initial data were entered into process the system . Local building permit agency within the . Date(s) when data were amended (if jurisdiction to contact about the permitting applicable) process . Web site addresses for local government, facility owner(s), tenant(s), and site manager (if applicable) . Web site address for online municipal code (if applicable) . Major Trading Area and Basic Trading Area (FCC designations used to determine service areas for wireless licenses) . Equipment data . Location of utility meters . Map and directions to site . Pictures of site If on public land: . Site plan/plot plan/structural plans . Plan for additional phases (if applicable) . State Historic Preservation Office (SHPO) documents . Recording or memorandum of lease 5 Developing an Enhanced Wireless Facilities Tracking System for Pinel/as County Where documents or photos are indicated to be included, these would consist of electronic scans stored in the database. Web site addresses would contain hypertext links to the actual web sites, and maps of the site locations could consist of links to an online mapping service that would be regularly updated. With all of the information stored electronically, the database will serve as a flexible and information-rich resource. The existing and recommended data described in the table, when combined together, will be extremely useful in facilitating the management of existing and new wireless facilities. F. Data Collection Process Before the data collection process begins, it will be necessary to complete the following tasks: · Designate responsible staff for each step in the data collection process; · Finalize the list of data fields that will be added to the database; · Determine the geographic coordinate system that will be used for all mapped data; and · Determine the software platform(s) that will be used to store and access the data. The basic software recommended by CityScape is the Excel spreadsheet program, which is already used by most Pinellas County departments and the ppe. Coordination with the Pinellas County Information Systems Department will also be needed to incorporate the data into county's Geographic Information System (GIS). Data collection itself will be a two-step process. First, a current listing of the locations of existing support structures, colocations, and antenna attachments is needed to establish baseline data. Second, to maintain an accurate database, ongoing coordination with the industry and local governments will be required. For the first step, CityScape recommends requesting the specifics on the locations of existing facilities from all known wireless service providers and tower companies. Their experience has shown that the wireless industry supports accurate local government tracking of facilities, and is generally willing to provide the needed data. Appendix B includes a sample letter and information form to be used for such requests. The Pinellas Planning Council, in coordination with the Pinellas County Planning Department, will be the agency responsible for distributing the requests and collecting the responses in this step of the process. For the second step, the information form will also be distributed to local governments with a request that it be incorporated into the application requirements for new wireless facilities, and the completed forms submitted to the Pinellas County Planning Department 6 Action Plan on a regular basis to be entered into the countywide database. The PPC will remain involved with this ongoing process as determined appropriate. It is also recommended by CityScape that PPC and/or Pinellas County Planning Department staff verify the accuracy of the data by physically surveying the facility sites. Conducting quality control checks of the information collected, and making corrections to the data based on the findings of the fieldwork, is an important aspect of maintaining an accurate database. In practice, verifying every site will be difficult to accomplish with limited staff in a county with several hundred such installations. The PPC and Pinellas County Planning Department will coordinate in visiting a sample of the sites submitted by wireless industry representatives to determine the quality of the data. Verification of ongoing data collection will primarily rely on the efforts of local government staff during their jurisdictions' normal application processes. Coordination will also be sought with the Pine lIas County Property Appraiser's Office, whose staff conducts site visits of facilities during routine tax assessments. G. Use of the Collected Data The enhanced countywide tracking system is a planning tool designed to complement public policy. Use of a single information form on a countywide basis will encourage local governments to collect a comprehensive set of data that might not otherwise be gathered during the permitting process. Because the applicants themselves will complete the form, little further investment in staff time will be needed. The database compiled from this information will serve a number of uses: . Local planning staff will be able to respond to mqmnes from the industry and community quickly and accurately; · Subsequent applications for colocations or installations at nearby sites can be easily compared to the existing information; · The site inventory, maps, and directions identifying the location of the sites will aid local government representatives or private individuals who wish to make site visits; . Local governments will more easily be able to conduct site analysis and other types of research for long-term wireless facilities planning; · The Property Appraiser's Office will have access to an accurate database for tax assessment purposes (please see Appendix A for further discussion of this issue); · Entities such as police and fire departments, utility companies, the Florida Department of Transportation, the Coast Guard, and federal agencies will have easy access to information regarding local communications facilities; 7 Developing an Enhanced Wireless Facilities Trading System for Pinellas County . The wireless industry will find it easier to locate prospective sites for co locations and antenna attachments on existing facilities, encouraging use of these techniques; and . Other private-sector interests wishing to install wireless equipment for improving communications or business practices will have access to needed information. H. Conclusion In order for local governments to effectively plan for and guide the deployment of wireless facilities in their communities, it is essential to have an accurate and comprehensive system for tracking their locations. Such a system would support regulation and taxing efforts, and assist those communities wishing to partner with wireless providers to increase public revenues. It would also benefit the wireless industry by providing information to assist with the siting of new facilities. To meet these goals, this report recommends enhancement of the current countywide tracking system maintained by the Pinellas County Planning Department. This system has served the county adequately for several years, but in order to keep up with the evolving needs of wireless facilities management, it should be broadened into a more comprehensive, timely, and accessible database. The recommended enhancements are not anticipated to be significantly costly or time-consuming to implement. They will, however, require the commitment of the PPC, the Pinellas County Planning Department, and local governments to work in cooperation with one another and with the private sector on an ongoing basis. 8 ApPENDIX A Using Wireless Facilities Management to Generate Additional Public Revenues Appendix A Developing an Enhanced Wireless Facilities Tracking System for Pine lias County This page intentionally left blank. Appendix A Appendix A A. Introduction This appendix discusses a number of ways that local governments can generate additional revenues through wireless facilities management. Each of the methods described below assumes that the jurisdiction will have a comprehensive wireless facilities ordinance in place, as well as an accurate and effective way to track such facilities once they are installed. Both the Countywide Model Wireless Telecommunications Ordinance created by the PPC and CityScape and the enhanced tracking system proposed in this document were created with these goals in mind. B. Marketing Public Properties Leasing public assets (e.g., appropriate plots of land, rooftops, water tanks, public safety communications towers, rights-of-way, and other community-owned facilities) has been discussed throughout the wireless facilities study as part of the solution for controlling the type and location of wireless telecommunications infrastructure, as well as enhancing the fiscal status of local governments choosing to employ this option. The utilization of public property for future location of wireless infrastructure is incorporated into the exemplary development standards contained in the Countywide Model Wireless Telecommunications Ordinance. In addition, a Countywide Model Lease for Wireless Telecommunications Installations and accompanying documents have been prepared specifically to guide local governments through the leasing process. At workshops held during the development of the model ordinance, representatives of wireless service providers and tower companies expressed an interest in leasing public properties for the purposes of constructing infrastructure to provide improved services for their customers. Thus far, however, local governments in Pinellas County have entered into only a few such agreements. It is recommended that interested local governments establish a marketing plan to actively advertise and market publicly-owned properties to the wireless industry. The enhanced tracking system proposed in this document is designed to complement this process. An accurate geographic database can provide local governments the means to identify areas of the county where infrastructure coverage is lacking, or conversely, areas where multiple new facilities have been installed in response to market demand. Nearby public sites appropriate for leasing to wireless service providers can then be identified and marketed. A-l Developing an Enhanced Wireless Facilities Tracking System for Pinel/as County c. Property Tax Assessment Many types of wireless telecommunications equipment, including new antenna support structures, antenna attachments onto buildings and water tanks, and colocations onto existing antenna support structures, are subject to property taxation and should be assessed accordingly. Nationwide, it is common for some affected departments within local governments to be unaware of new antenna and ground equipment installations in their communities. Maintaining an accurate database of new and existing antenna and ground equipment installations is critical for optimal data management for taxing purposes. It is difficult to obtain an accurate picture of wireless infrastructure in Pinellas County under the current system, due to the fact that tracking of facilities for permitting and tax assessment is fragmented. The Pinellas County Property Appraiser's Office (PAO) uses permit information provided by local governments to locate and assess the facilities. This information is frequently incomplete, and the P AO must periodically send letters to the jurisdictions requesting updated information. Should assessors come across any unpermitted facilities, they are recorded and taxed, but local governments are not notified of their existence. P AO records can only be accessed by departmental staff, and are separate from the official countywide database maintained by the Pinellas County Planning Department. Coordination between the two departments takes place only informally on an annual or biannual basis. While local government representatives interviewed for this study have reported that there are no major problems with either untaxed or unpermitted facilities, the difficulty in verifying these statements points to the fact that better coordination of wireless facility tracking is needed. A centralized database that consolidates the information already being collected, and which is made available to all parties, would allow jurisdictions to state with confidence that every facility has been counted. D. Wireless Internet Services A growing number of local governments are investing in wireless Internet services, turning downtowns, tourism districts, or even entire cities into Wi-Fi zones. This may be accomplished either by deploying and maintaining the equipment using public staff, or more commonly, by partnering with private-sector providers. Many communities offer Wi-Fi services at no cost to the community, in an attempt to attract new businesses, residents, and visitors. However, some local governments charge for the service as a source of public revenue. Nationally, there are numerous examples of local governments who have embarked on deploying such systems. Denver, Philadelphia, and San Francisco have begun to provide A-2 Appendix A citywide high-speed wireless Internet coverage. Locally, both St. Petersburg and Tampa have committed to developing Wi-Fi networks for their downtowns. A local government can, individually or in partnership with other governments, contract with a private wireless services provider to offer Wi-Fi access. The contract can take the form of a blanket lease agreement for a set monetary value allowing the Wi-Fi provider to install the needed access points on any publicly-owned parcel. Alternatively, it can consist of a blanket lease agreement in which the Wi-Fi provider pays a service fee to the local government in return for installing equipment in the right-of-way or on publicly- owned properties. If the local government desires additional guidance through the process, consultant firms such as CityScape can be retained to assist with negotiations. Each Wi-Fi antenna has a limited service area, requiring many to be deployed throughout the community. The small, usually box-shaped antennas can be mounted unobtrusively on light poles and traffic signal poles within the right-of-way. Residents are typically charged a set fee per month, competitively priced with other local Internet providers. The fees for the service can be combined with water or other utility services for which the local government bills residents each month, or be billed separately for a small additional fee. A-3 Developing an Enhanced Wireless Facilities Tracking System for Pinel/as County This page intentionally left blank. A-4 ApPENDIX B Sample Letter and Information Form for Wireless Industry Representatives Appendix B Developing an Enhanced Wireless Facilities Tracking System for Pinellas County This page intentionally left blank. Appendix B Appendix B <<Date>> <<Address>> Dear <<Name>>, The Pine lIas Planning Council (PPC) and Pinellas County Planning Department are happy to announce the launching of a new initiative to develop a comprehensive countywide database of wireless telecommunications infrastructure information. The county government has been collecting such data since the late 1990s, but the information on many facilities is incomplete or in need of updating. Data collected from the wireless industry will be used as a planning tool to complement public policy. Using the collected data and scanned documents, local planning staff members will be able to respond to inquiries from the industry and community quickly and accurately. The site inventory, maps, and directions identifying the location of the sites will aid staff and appointed and elected officials when touring a site prior to a public hearing. This same data will assist the wireless telecommunications industry in locating colocation and antenna attachment opportunities on existing facilities. The data will also serve as a cross-reference for verifying information on permit applications for new wireless infrastructure, and will save time when applicants require a site evaluation. The goals of the initiative will only be achieved through your cooperation and willingness to assist in the collection of the data. Attached please find the Wireless Telecommunications Data Information Form, which we are requesting that you complete for each facility your company owns within the boundaries of Pinellas County. We understand that some wireless service providers or tower owners may own a significant number of facilities, and that providing this data may seem a daunting task. But the benefits of the database will be far-reaching for both the industry and for local governments, and we will be happy to help establish timetables for the data collection to meet the specific needs of your organization. In the future, a completed Wireless Telecommunications Data Information Form will need to accompany each application for new wireless telecommunications infrastructure installations. The form will be distributed to local governments for inclusion in their application packages. If you or another representative of your organization has any questions about this project, please contact us at (727)464-8250. We will be happy to further discuss our goals and objectives, establish a time line for data collection, or make an appointment to speak with B-1 Developing an Enhanced Wireless Facilities Tracking System for Pinellas County you in person. Thank you in advance for your time and willingness to work with the PPC and Pinellas County Planning Department on this project. We look forward to working with you to develop this valuable resource. Sincerely, <<>> B-2 WIRELESS TELECOMMUNICATION DATA INFORMATION FORM PPC Contact Phone Number PLEASE RETURN TO: THE PINELLAS PLANNING COUNCIL, 600 CLEVELAND STREET, SUITE 850, CLEARWATER, FLORIDA, 33755-4160 EACH NEW APPLICATION FOR ANY NEW WIRELESS TELECOMMUNICATIONS FACILITY MUST ALSO BE ACCOMPANIED BY THIS FORM DATE OF SUBMITTAL PROJECTED INSTALLATION DATE I .....i.::.... ;.'? ..?.. . ... . "'.'..' . TYPE OF WIRELESS FACILITY PINELLAS COUNTY PARCEL LD. NO. NAME OF PROPERTY SUBDIVISON BLOCK OWNER AND LOT ADDRESS OF FACILITY CITY STATE ZIP LATITUDE I LONGITUDE ABOVE GROUND ELEVATION OF (NAD 83) (NAD 83) LEVEL (AGL) STRUCTURE .......i..i:.... ..;.... ...;.. CUSTOMER INFORMATION .............. ........,.ii.."i. LICENSED ENTITY NAME SERVICE TYPE (Cellular, PCS, SMR, ete) GOl\ltACtlNFO FIRM OR CONTACT NAME TELEPHONE FAX WEB SITE ADQRESS ...... FACILITY OWNER(S) REAL ESTATE/SITE ACQUISITION MGR. SITE MANAGEMENT FIRM LOCAL PLANNING & ZONING AGENCY LOCAL BUILDING PERMIT AGENCY ....;.,."';. SPACE . ................ INDOOR OUTDOOR SHELTER or LOCATION OF EQUIPMENT CABINETS D BASE TRANSCEIVER D STATION (BTS) # of EQUIPMENT SHEL TERS/BTS EQUIPMENT SHELTER! CABINETS CABINET/ BTS DIMENSIONS (Height x Width x Depth - in feet) LEASED GROUND SPACE DIMENSIONS (Height x Width x Depth - in feet) ~.::.............;...;............;...;.. ..ANTENNAS~~:!i:~.\. ". ..:...AN~ ANTENNA QUANTITY TYPES OF ANTENNAS OR DISH ANTENNA DIMENSIONS (Height x Width x Depth) ANTENNA MOUNT HEIGHT ANTENNA RADIATION CENTER AGL # of LINES PER ANTENNA . .. . <)'l'HER,Site .QAT A ......;;...;.. ...... m .:::.' ..?" ....:......... ZONING OF SITE ACREAGE OF TOTAL SITE LAND USE OF SITE SQUARE FOOTAGE OF TOTAL LEASED AREA ADDITIONAL DOCUMENTS REQUIRED .. .... . ...:..., .?, .... ........... m LETTER FROM STATE HISTORIC PRESERVATION OFFICE (SHPO) ENVIRONMENTAL ASSESSMENT DOCUMENTS SITE PLAN PLOT PLAN STRUCTURAL PLANS PICTURES OF SITE COUNTYWIDE MODEL WIRELESS TELECOMMUNICATIONS ORDINANCE REGULATING THE DEPLOYMENT OF WIRELESS TELECOMMUNICATIONS INFRASTRUCTURE COUNTYWIDE MODEL WIRELESS TELECOMMUNICATIONS ORDINANCE Regulating the Deployment of Wireless Telecommunications Infrastructure Pinellas Planning Council Councilmember Bill Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra Bradbury, Treasurer Mayor Jerry Beverland, Secretary Councilor Pete Bengston Mayor Beverley Billiris Mayor Robert H. DiNicola Commissioner Robert Hackworth Mayor Robert E. Jackson, Ph.D. School Board Member Linda Lerner Commissioner Deborah Martohue Commissioner John Morroni Commissioner Nadine S. Nickeson Countywide Planning Authority Commissioner John Morroni, Chairman Commissioner Kenneth T. Welch, Vice-Chairman Commissioner Ronnie Duncan Commissioner Calvin D. Harris Commissioner Susan Latvala Commissioner Robert B. Stewart Commissioner Karen Williams Seel Prepared by the Pinellas Planning Council and CityScape Consultants, Inc. March 16, 2005 TABLE OF CONTENTS Executive Summary and Implementation Guidelines A. Introduction................................................................................................... 1 B. Explanation of the Model Ordinance............................................................2 Section 101. Purpose and Intent................................................................. 2 Section 102. Definitions. ........................ ............... ........................ ....... ......3 Section 103. Applicability.......................................................................... 6 Section 104. Exempt Installations.......... ................................. ...... ............. 6 Section 105. Development Standards......................................................... 7 Section 106. Permitted Uses by Zoning District......................................ll Section 107. Siting Alternatives Hierarchy.............................................. 12 Section 108. General Submittal Requirements ........................................12 Section 109. Approval Process............................................................... ..13 Section 110. Publicly-owned Property.................................................... .14 Countywide Model Wireless Telecommunications Ordinance...... ....... Appendix A Application for Wireless Telecommunications Infrastructure ............. Appendix B EXECUTIVE SUMMARY AND IMPLEMENTATION GUIDELINES A. Introduction CityScape Consultants, Inc., has worked with the Pinellas Planning Council (PPC) to develop a countywide model wireless telecommunications ordinance regulating the installation of wireless telecommunications infrastructure. Recommendations for the model were obtained through meetings with the Planners Advisory Committee (PAC), and through the review and evaluation of zoning audits completed by PAC members or PPC staff. Generally, CityScape has found that most of the local governments within Pinellas County regulate wireless telecommunications installations. However, the development standards that the local governments have adopted vary considerably. For example, one community limits the maximum height of all new towers to 100 feet, sixteen allow new towers to be 150 feet or taller, and two have no maximum height requirements. CityScape has identified several areas of concern. As stipulated by the United States Code, Title 47, Section 332(c)(7), Preservation of Local Zoning Authority of the Telecommunications Act of 1996, "The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services; and shall not prohibit or have the effect of prohibiting the provision of personal wireless services." However, several local governments in Pinellas County prohibit the installation of any new tower or antenna attachment, concealed or non-concealed, in residential districts. Clearly, these communities are concerned about the aesthetic impact of wireless infrastructure. But if the residential areas do not contain or adjoin any properties zoned non-residential which would allow a new tower or antenna attachment, then this particular land use standard could be creating a barrier to entry and be in conflict with the Act. Another item that communities need to address concerns the treatment of flagpoles, a common form of tower concealment. Some local governments allow flagpoles in excess of 95 feet in residential zones, but prohibit wireless facilities disguised as flagpoles in the same zones. In addition, in many communities the setback of the zoning district is waived for flagpoles, but not for wireless facilities disguised as such. These inconsistencies may inadvertently discourage the installation of concealed facilities, even though the community may wish to encourage them. 1 Countywide Model Wireless Telecommunications Ordinance A third observation concerns the type of tower or antenna support structure allowed within jurisdictions. While several local governments require the use of a desired type of structure, such as a monopole or stealth tower, when installing a new freestanding wireless communications facility (WCF), most have not taken advantage of this regulatory opportunity. For these reasons, the PPC and CityScape have crafted development standards which, if incorporated into existing local ordinances, will develop unity and consistency on how future wireless installations are deployed across the county, while allowing local governments greater influence over the appearance and location of these facilities. It will help each community clarify the definitions for towers or antenna support structures, concealment or stealth facilities, and the appropriate use of these types of installations in various zoning districts. The model ordinance is intended to limit the visibility of new WCFs on the landscape, reduce the number of new antenna support structures, and utilize publicly-owned lands for the purposes of wireless infrastructure deployment. It addresses concerns over tower proliferation, and includes strategies to control future growth of the wireless telecommunications industry throughout Pinellas County. The model ordinance has four components: · Sections 101-104 contain general information, including purpose and intent of the ordinance, definitions, applicability, and exemptions. · Section 105 establishes the development standards, including but not limited to the preferred type of infrastructure, setbacks, buffers, and lighting. · Sections 106 and 107 provide a table of the zoning districts where various facilities types are permitted, and describe the approval process required for each facility type based on the zoning. · Sections 108-110 detail the submittal requirements, approval process, and use of publicly-owned properties. Throughout the model, brackets { } indicate items that will need to be addressed by each local government in their own version of the ordinance. Brackets containing text or numbers represent recommendations by CityScape. Final text and number insertions in place of the brackets will be the responsibility of the governing body adopting the ordinance. B. Explanation of the Model Ordinance Section 101. Purpose and Intent. This section identifies the goals and objectives of the development standards, and establishes ground rules for WCF deployment. Findings of fact for facility approvals and denials are based on the purpose and intent statements contained in this section. 2 Executive Summary and Implementation Guidelines Section 102. Definitions. Definitions are recommended that are applicable to WCFs, with the intent of understanding the regulations and their applicability. A comprehensive list of definitions contained in the ordinance reduces varying interpretations of the ordinance and adds clarity to related issues. Additional explanation and illustrations of selected definitions are shown on the following pages. Antenna support structures include three types of facilities: guyed, lattice, and monopole. Examples of each are shown below. Guyed WCF Lattice WCF Monopole WCF Colocation means the practice of installing and operating multiple wireless service providers and/or radio common carrier licensees on the same antenna support structure, with each utilizing its own antenna, feed lines, and radio frequency generating equipment. Examples of co locations are shown below. Any antenna element replacement (see Section 108 below) that increases the number and/or size of feed lines to the existing WCF is also treated as a new colocation. Monopole with flush- mounted antennas Antennas mounted on a triangular platform Concealed colocations 3 Countywide Model Wireless Telecommunications Ordinance Mitigation means a modification to replace or remove one or several non-concealed antenna support structure(s) located in proximity to a proposed new antenna support structure, in order to encourage compliance with the ordinance, and improve aesthetics or functionality of the overall wireless network. The replacement of a utility pole for the purposes of installing a WCF would be an example of mitigation. Mitigation could also be used as a method to increase the height of an existing antenna support structure, or to improve the structural integrity of an existing antenna support structure in order to accommodate colocation. Wireless Communications Facilities (WCFs) include the antenna support structure, the antenna or group of antennas, and the equipment used in the functionality of the facility. Specific types ofWCFs include: Non-concealed Attached WCF: An antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device which attaches the antenna to the building or structure, other than an antenna support structure, feed lines, and or an equipment enclosure. This may be located either on the roof (see picture below for example), or on the inside or outside of the existing building or structure. A non-concealed attached wireless communication facility is one that is readily identifiable as such. Concealed Attached WCF: An attached WCF in which antenna or antenna arrays, feed lines and equipment cabinets are designed to be aesthetically compatible with the architectural features, color, and texture of the building or structure on which they are affixed. A concealed attached WCF includes, but is not limited to: faux dormers; faux chimneys or elevator shafts encasing the antenna feed lines and/or equipment cabinet; and painted antenna and feed lines to match the color of a building or structure. A concealed attached facility is not readily identifiable as a WCF. Examples are shown in the pictures below. Concealed antennas are indicated with black arrows; the white arrow indicates a concealed equipment cabinet. 4 Executive Summary and Implementation Guidelines Non-concealed Freestanding WCF: A WCF that is readily identifiable, such as a guy, monopole, or lattice tower, consisting of an antenna or group of antennas used for the transmission and/or reception of radio frequency signals, feed lines, and equipment cabinets. For aesthetic reasons, it is proposed that new non- concealed freestanding WCFs be limited to the monopole type of antenna support structure. Pictures of non-concealed freestanding WCFs are shown under Antenna Support Structures. 5 Countywide Model Wireless Telecommunications Ordinance Concealed Freestanding WCF: Any WCF, ancillary structure, or WCF equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A concealed freestanding facility may have a secondary function, including, but not limited to the following: church steeple; windmill; bell tower; clock tower; cupola; light standard; and a flagpole with or without a flag; or faux tree (see examples below). Section 103. Applicability. The applicability section specifically lists the types of facilities that are regulated in the ordinance. Section 104. Exempt Installations. Facilities recommended for exemption from this ordinance are generally those that have some level of state or federal preemption associated with their services, such as AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission. 6 Executive Summary and Implementation Guidelines Section 105. Development Standards. The model ordinance requires that specific development standards be addressed by the WCF applicant to ensure the compatibility of the proposed facility with the surrounding area. Examples of the development standards include the regulation of the buffers, lighting, parking, visibility, setbacks and determinations of need for new freestanding WCFs. The development standards also address antenna element replacement and the new technology of combining. Generally Section l05.1(f) provides standards for signage at WCF sites. The intent of these standards is to prohibit the mounting of billboards or other signs onto non-concealed facilities. However, concealment ofWCFs inside signs (see examples) is allowable where such signage is otherwise permitted and all applicable standards are met. Maximum heights for various types of WCFs, addressed in Sections l05.2(a)(i), l05.3(b)(i), l05.3(c)(ii), 105.3(d)(ii), and l05.4(a)(ii), should be considered carefully by the local government. As most jurisdictions are already aware, greater allowable heights can potentially act as an incentive for applicants to locate their facilities in particular districts, or to create a particular type of facility. For example, if a community wishes to encourage the location of facilities in commercial districts over residential, it should allow taller facilities in the commercial districts. If it wishes to encourage concealed facilities over non-concealed, it should allow greater maximum heights for concealed facilities. It should be noted that public demand for wireless services in residential areas is steadily increasing. In many areas of Pinellas County, neighborhoods may be adequately served by WCFs located on commercial, office, and institutional properties on nearby arterial roadways. But in others, particularly the newer planned residential developments in the 7 Countywide Model Wireless Telecommunications Ordinance northeast county, residential areas may extend too far from arterial roadways for this approach to be feasible. The standards included in Section 105.3(b)(i)(2) are intended to address this issue by allowing taller facilities in the common areas of planned residential zoning districts. Freestanding Non-Concealed WCFs Section 105.3(c)(iii) includes setback requirements for freestanding non-concealed WCFs. It should be noted that these standards are designed primarily for aesthetic reasons, not for safety. All freestanding WCFs are required to comply with safety standards established jointly by the Electronics Industries Association and Telecommunications Industry Association, which require WCFs to withstand, at a minimum, the highest winds recorded in the area within a 50-year period and to use redundant reinforcement methods. Under extreme stress, the structures are designed to buckle and collapse inward rather than fall to one side. Even during hurricanes, wireless antenna support structure collapses are extremely rare. Mitigated WCFs Section 105.3 addresses mItIgation, or the modification of an antenna or support structure. In Sections 105.3(d)(i) and (ii), the standards for mitigated WCFs are intended to encourage actions that reduce the number of WCFs or add a less visually obtrusive structure. They are not intended to discourage "drop and swap" replacements, in which one antenna is replaced with another and the height of the support structure does not change. Section 105.3(d)(ii) governs the height of mitigated freestanding WCFs, with appropriate limits to be determined by the adopting jurisdiction. It is recommended that the local government survey the heights of existing support structures within its boundaries as a guideline for this standard, so that the height limit is not overly restrictive. Colocated and Combined WCFs Section 105.4 addresses colocated and combined facilities. Colocated WCFs are defined and illustrated in Section 102. Combining is an emerging technology whereby more than one wireless service provider shares the same antenna or array of antennas for the same or similar type of telecommunications services. The following two tables list the treatment of the land development standards in the ordinance. Some values that will be determined by the adopting jurisdiction (e.g., maximum WCF height) have been filled in for exemplary purposes. 8 rI.l "t:l l-o ~ "t:l = ~ ... 00 ..... .... ~ ~ 6 .Q ~ ~ 0 ~~ .. ~ ~ ~ ~ ..... ......... ~ 'S t:j ~ c ..... "'"" ~ ~ ~ ~ ~ ~ ......, ~ ~ I:::i ~ I:::i ~ ~ c;j ~ ~ ..... "'"" ;::: \J ~ ~ - ~ l-o ~ = ~ ~ l/l I: o .. III ,~ c.. c.. <( LL U ~ <( 0) .;:: t5 .;:: Ul 0) .... 0) .... o E .!!? .... 0) > 0) ~ .~ ~ ~ '+- o 0) ~ 0) o 0 3 ~ a. ~ '+- a. 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The table below is a useful way to organize and illustrate the different permitted types of WCFs, the district where each is permitted, and the level of review required for each facility. The contents are filled in for exemplary purposes only. Non- Non- Colocated or Concealed concealed Concealed Concealed Antenna Combined on Zoning Attached Attached Freestanding Freestanding Mitigation of Element Existing District WCF WCF* WCF WCF Existing WCF Replacement WCF** R-1 P*** NP* PH NP PH P P RM P NP* PH NP PH P P RPD P NP* PH NP PH P P P1 P NP* PH NP PH P P P1A P NP* PH NP PH P P C-1 P NP* PH NP PH P P C-2 P NP* P NP P P P CR P NP* PH NP PH P P IPD P NP* P PH P P P M-1 P NP* P PH P P P M-2 P NP* P PH P P P PC P NP* PH NP PH P P PSP P NP* PH NP PH P P * Non-concealed attached WCFs are only allowed on transmISSIOn towers and light stanchions subject to approval of the designated staff or other appropriate agency designee and/or the utility company. Colocated or combined facilities are not subject to land development regulations pursuant to Section 365.l72(11)(a), F.S., so long as the height of the existing structure is not increased provided the existing facility hosting the collocation or combining complies with such land development regulations. P - Permitted PH - Public Hearing NP- Not Permitted ** *** Example Districts: R-1 - Single-family residential RM - Residential, multifamily RPD - Residential planned development P-l - General professional office P-lA - Limited office C-1 - Neighborhood commercial C-2 - General retail and limited services CR - Commercial recreation IPD - Industrial planned development M -1 - Light manufacturing and industry M-2 - Heavy manufacturing and industry PC - Preservation/conservation PSP - Public/semipublic 11 Countywide Model Wireless Telecommunications Ordinance Section 107. Siting Alternatives Hierarchy. The ordinance is intended to 1) reduce the number of WCFs built within the communities; 2) limit the visibility of new wireless infrastructure on the landscape; and 3) utilize public lands to the greatest extent possible for the purposes of wireless deployment. Establishing preferred types and locations of wireless infrastructure gives the cities, towns, and county control of these issues. The Siting Alternatives Hierarchy sets forth the preferred hierarchy of facilities to be located in the community. The hierarchy shown in the model is for exemplary purposes only. Each local government will develop its own hierarchy based on community preferences. For example, some jurisdictions may choose to give the highest priority to publicly-owned sites, while others may choose to exclude this option altogether. Applicants choosing lower-ranked options must demonstrate that it is not "technically feasible, practical or justified" to pursue these options. In addition to technical considerations, legitimate financial concerns may be used to meet these criteria. For example, public-sector lease negotiation processes that are prohibitively lengthy or expensive relative to those of the private sector could be used as a justification for bypassing higher-ranked public site(s). Section 107 allows the applicant to freely select lower-ranked privately-owned property options if the local government fails to approve a memorandum of agreement or letter of intent to lease a specified publicly-owned site within a certain number of days, or if it can be demonstrated that the proposed lease rate for the site significantly exceeds the market rate for comparable privately-owned sites. Section 108. General Submittal Requirements. In addition to the siting hierarchy and zoning table, CityScape recommends the inclusion of additional documents at the time of a submittal request for a new wireless telecommunication facility. The additional items include RF engineering calculations to substantiate installation of the proposed facility, and certifications addressing the preservation of the integrity of public safety communications equipment. In addition, the applicant is required to submit photo-simulated post construction renderings of the completed project for aesthetic evaluation, from a specified number of vantage points chosen by the designated staff/elected official in cooperation with the applicant. Examples of such simulations are shown below. 12 Executive Summary and Implementation Guidelines Existing Conditions Source: Graphic Detail Productions, Los Angeles, CA. Photo-Simulations of Proposed Facilities Proposed multicarri.er equipment area Antenna element replacement is the repair or replacement of an eXlstmg antenna or antenna array with another antenna or antenna array. In many cases, this process is analogous to changing a light bulb, and can be addressed by Section 108.4(a). If the procedure does not change the size, capacity, or function of the WCF, it will not require a review. If it changes the mechanical or electrical specifications of the WCF without increasing the number and/or size of feed lines, it is subject to the additional standards contained in Sections 108.4 and 109.1. If it increases the number and/or size of feed lines to the existing WCF, then it will be treated as a new colocation. Section 109. Approval Process. This section specifies how the development standards must be addressed, submitted, and reviewed for the approval process. It specifically includes the maximum number of days 13 Countywide Model Wireless Telecommunications Ordinance allowed by staff for the review of new WCF applications based on the recent enabling language from Chapter 365, Florida Statutes. This section provides for administrative and public hearing approvals, and includes the option for local government to contract with an independent consultant to review the WCF application and documents, the costs of which should be included in the WCF application fee. Section 109.3(b)(ii) provides for the adopting jurisdiction to consider a WCF's general compatibility with, and aesthetic effects on, adjacent properties. However, due consideration of the needs and requirements of wireless facilities must also be given. For example, a new WCF installed in an area where no other such facilities exist will likely be significantly different from the general character of the area, more so than if it were placed in an area where other, similar facilities were already in place. Local governments must take care that the "general compatibility" requirement is not used to deny the installation of WCFs to the extent that it has the effect of prohibiting the provision of personal wireless services to a given area. Section 110. Publicly-owned Property. Utilizing publicly-owned lands, buildings, and certain public right-of-ways for future locations of wireless infrastructure establishes a precedent of quality concealment products while generating revenue for the public landowner. This section enables local governments to use public lands for these purposes. 14 ApPENDIX A Countywide Model Wireless Telecommunications Ordinance Appendix A Countywide Model Wireless Telecommunications Ordinance This page intentionally left blank. Appendix A Appendix A Contents Section 101. Purpose and Intent ..... ............................................. ................... ............. A-3 Section 102. Definitions.................................................................................... .......... A-3 Section 103. Applicability... ...... ............................................................. ..... ........ ... ..... A-8 Section 104. Exempt Installations .......................................................... ..... ........ ..... ... A-8 Section 105. Development Standards ............. ............. ........ ........................................ A-9 1. Generally... ........ ................................................................................ A-9 a. Applicability........................................................................... ..... A-9 b. Setbacks.................................................................. ..... ...... ..... ..... A-9 c. Equipment cabinets........................................................... ..... ..... A-9 d. Fencing. .. . .. .. . . . . .. . . . . . . . . . . .. . . . . . . . . . .. . .. . . . . . . .. . . . .. . . . .. . .. . . . .. . . .. . . . . . . .. . . . . . .. . .. A - 9 e. Buffers ....................................................................... ........ ........ A-I 0 f. Signage ......... .......................... ..................... .............. ..... ........... A-I 0 g. Lighting.. ..... ................................................ ........ ...... ........ ..... ... A-II h. Conformance with building codes............................. ..... ........... A-II 1. Equipment compound.................................. ........ ...... ............. ... A-II J. Compliance with federal standards for interference protection A-II k. Compliance with ANSI standards............... ........... ... ........ ..... ... A-II 1. Sounds............ ............................................. ........... ... ..... ........... A-II m. Parking................................................................. .............. ........ A-I2 n. Impact/development fee calculation.......... ................................ A-I2 o. Abandonment ........................................................ ..... ........ ...... A-I2 2. Attached Wireless Communication Facilities................................. A-I2 a. Generally..... ...... .................................. ...... ........ ................... ..... A-I2 i. Height ..... .................................... .... .......... ...................... A-I2 ii. Setbacks.. ................................... ....... .............................. A-I2 iii. Visibility. ................................... ....... ........ ................... ... A-I2 b. Attached non-concealed WCFs ................... ...... ..................... ... A-I3 i. Allowable locations.......................... .............................. A-I3 ii. Equipment compound or cabinets .................................. A-13 3. Freestanding Wireless Communication Facilities .......................... A-13 a. Generally........................... .......... ...... ................ ..... ..... ........ ...... A -13 i. Determination of need ...... .............. ................................ A-I3 ii. Residential districts .......... .............................. ................ A-I3 111. Design for colocation ....... ........ ...... ................................ A-I3 IV. Minimum lot size............................................................ A-I3 v . Visibility. .. .. .. .. .. . .. .. .. . .. .. .. .. .. . .. .. .. . . .. .. . .. . .. . . . .. .. .. .. .. .. . .. .. .. ... A -13 VI. Grading..................................... ........................... ........... A-I3 Vll. Safety ................... ..................... ...................................... A-I4 Ll Countywide Model Wireless Telecommunications Ordinance Contents (Cont.) b. Freestanding concealed WCFs ..................................................A-I4 i. Height............................................................................. A-I4 ii. Setbacks.. ................................................................... ..... A-I4 c. Freestanding non-concealed WCFs .............. ............ ................. A -14 i. Antenna support structure .............................................. A -14 11. Height.. ...................................... ...................................... A-I4 111. Setbacks.......................................... ..... ............."............. A-I5 iv. Visibility................................. ........... ............................. A-I5 d. Mitigation of existing freestanding WCFs ..................... ...........A-I5 i. Determination of need.................... ..... ........................... A-I5 11. Height................................................ ...... ....................... A -16 111. Setbacks....................................... ........................... ........ A-I6 IV. Buffers................................. ................ ...... ..................... A-I6 v. Visibility .............................................. ......... .................. A -16 4. Colocated or Combined Facilities................ ........... ........................ A-I6 a. Generally... ..... ...... .......................... ........... ..... ........................... A-I6 i. Buffers................. ................... ........................................ A-I6 11. Height.......... .............................. ..................................... A-I6 111. Setbacks.................. .............. .......................................... A-I6 IV. Visibility......................................................................... A -16 Section 106. Permitted Uses by Zoning District .......................................................A-I7 Section 107. Siting Alternatives Hierarchy.. ..... ........ ..................... ........................... A-I8 Section 108. Submittal Requirements..................................... ................................... A-I9 1. General Submittal Requirements ......... ...........................................A-I9 2. Attached, Colocated, and Combined WCFs ...................................A-22 3. Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs ........................................................................ A -22 4. Antenna Element Replacements .....................................................A-24 Section 109. Approval Process...................... ............................................................ A-25 1. New WCFs and Antenna Element Replacements...........................A-25 2. Administrative Approvals .................. ..... ..... ................ ........... ........ A-26 3. Public Hearing Approvals .................. ..... ........ ..... ........ ...... ..... ........ A-26 4. Supplemental Review..................................................................... A-27 Section 110. Publicly-Owned Property..................................................................... A -28 A-2 Appendix A ARTICLE { } - Wireless Communications Facilities Section 101. Purpose and Intent The purpose and intent of this ordinance is to: 1. Promote the health, safety, and general welfare of the public by regulating the siting of wireless communication facilities. 2. Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility. 3. Encourage the location and colocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna support structures. 4. Accommodate the growing need and demand for wireless communication services. 5. Encourage coordination between suppliers and providers of wireless communication servIces. 6. Establish predictable and balanced codes governing the construction and location of wireless communications facilities, within the confines of permissible local regulations. 7. Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time. 8. Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services. 9. Protect the character of the {City/Town/County} while meeting the needs of its citizens to enjoy the benefits of wireless communications services. 10. Encourage the use of public lands, buildings, and structures as locations for wireless telecommunications infrastructure demonstrating concealed (stealth) technologies and revenue generating methodologies. 11. Consideration of and compatibility with the goals and objectives of the {Land Use Plan/Comprehensive Plan/other applicable regulations.} Section 102. Definitions Ancillary Structure means, for the purposes of this ordinance, any form of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets. L~ Countywide Model Wireless Telecommunications Ordinance Anti-Climbing Device means a piece or pieces of equipment which are either attached to an antenna support structure, or which are freestanding and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wrap around structure legs, "squirrel-cones," or other approved devices, but excluding the use of barbed or razor wire. Antenna means any apparatus designed for the transmitting and/or receIvmg of electromagnetic waves, including but not limited to: telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. Antenna Array means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves. Antenna Element means any antenna or antenna array. Antenna Support Structure means a vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet. Types of support structures include the following: Guyed Structure means a style of antenna support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. Lattice Structure means a tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas. Monopole Structure means a style of freestanding antenna support structure consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. Base Station means the electronic equipment utilized by the wireless providers for the transmission and reception of radio signals. A-4 Appendix A Breakpoint Technology means the engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole. Colocation means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment. Combined Antenna means an antenna or an antenna array designed and utilized to provide services for more than one wireless provider for the same or similar type of servIces. Development Area means the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways. Equipment Compound means the fenced area surrounding a wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the WCF that is above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures. Equipment Cabinet means any structure above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures. Equipment cabinets are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals. FAA means the F ederal Aviation Administration. FCC means the Federal Communications Commission. Feed Lines means cables used as the interconnecting media between the transmission/receiving base station and the antenna. Flush-Mounted means any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna. Guyed Structure (see Antenna Support Structure) L'i Countywide Model Wireless Telecommunications Ordinance Geographic Search Area means an area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engmeenng. Handoff Candidate means a wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility. Lattice Structure (see Antenna Support Structure) Least Visually Obtrusive Profile means the design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function. Master Telecommunications Plan means a plan developed to enforce applicable development standards, state statues, and federal regulations related to the deployment of wireless telecommunications infrastructure. Mitigation means a modification of an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one or several antenna support structure(s) located in proximity to a proposed new antenna support structure in order to encourage compliance with this ordinance or improve aesthetics or functionality of the overall wireless network. Monopole Structure (see Antenna Support Structure) Personal Wireless Service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996. Public Safety Communications Equipment means all communications equipment utilized by a public entity for the purpose of ensuring the safety of the citizens of {City/Town/County} and operating within the frequency range of 700 MHz and 1,000 MHz and future spectrum allocations at the direction of the FCC. Radio Frequency Emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection. Replacement (see Mitigation) Satellite Earth Station means a single or group of parabolic (or dish) antennas are mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the A-6 I Appendix A associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites. Stealth (see Concealed Wireless Communications Facility) Tower (see Antenna Support Structure) WCF (see Wireless Communication Facility) Wireless Communications means any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging). Wireless Communication Facility (WCF) means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be deemed a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, colocation on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Excluded from the definition are: non-commercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities. Specific types ofWCFs include: Attached WCF means an antenna or antenna array that is secured to an eXlstmg building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site. (See also Freestanding WCF.) Concealed WCF, sometimes referred to as a stealth or camouflaged facility, means a WCF, ancillary structure, or WCF equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two types of concealed WCFs: 1) attached and 2) freestanding. 1) Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. 2) Freestanding concealed WCFs usually have a secondary, obvious function which may be, but is not limited to the L7 Countywide Model Wireless Telecommunications Ordinance following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or tree. (See also Non-concealed WCF.) Freestanding WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless communication facility includes, but is not limited to the following: guyed, lattice, or monopole antenna support structures. (See also Attached WCF.) Non-concealed WCF means a wireless communication facility that is readily identifiable as such and can be either freestanding or attached. (See also Concealed WCF.) Section 103. Applicability Except as provided in Section 104 (Exempt Installations), the following shall apply to the development activities including installation, construction, or modification of the following wireless communications facilities: 1. Existing antenna support structures. 2. Proposed antenna support structures. 3. Public antenna support structures. 4. Replacement of existing antenna support structures. 5. Colocation on existing antenna support structures. 6. Attached wireless communications facilities. 7. Concealed wireless communications facilities. Section 104. Exempt Installations The following items are exempt from the provisions of this ordinance; notwithstanding any other provisions contained in land development regulations: 1. Non-commercial, amateur radio antennas as provided for in Section 125.561, Florida Statutes (F.S.). 2. Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts and which are not greater than twenty feet above grade in residential districts and thirty-five feet above grade in all other zoning districts. 3. A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the {City/Town/County} designee; except that such facility must comply with all federal and state requirements. No wireless communications A-8 Appendix A facility shall be exempt from the provisions of this division beyond the duration of the state of emergency. 4. A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the {designated staff/elected official} and approved by the {designated staff}; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this division up to three (3) months after the duration of the state of emergency. 5. A temporary, commercial wireless communications facility, fur the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approved by the {designated staff}, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to one week after the duration of the special event. 6. Antenna support structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission shall be regulated in accordance with federal and other applicable local regulations. Section 105. Development Standards 1. Generally. a. Applicability: Where permitted as provided in Sections 106 (Permitted Uses by Zoning District) and 107 (Siting Alternatives Hierarchy), the following development standards apply to all new, mitigated, colocated, or combined wireless facility installations. Where any historic or scenic overlay districts or corridor plans also apply, the most restrictive standards shall govern. b. Setbacks: Florida State Coastal Construction Control Line setbacks, and/or {City/Town/County} coastline setbacks apply in lieu of this section if more restrictive than the setbacks described below. c. Equipment cabinets: Cabinets shall not be visible from pedestrian views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound. d. Fencing: 1. All equipment compounds shall be enclosed with a {an opaque} fence. In residential districts and in any district when the equipment compound adjoins a public right-of-way, the fence shall be {opaque and made of wood/brick/masonry}. Fencing shall be subject to the requirements of {provide cross reference to the section of the code for fencing}. 11. Alternative equivalent screening may be approved through the site plan approval process in Section 109 (Approval Process). LO Countywide Model Wireless Telecommunications Ordinance e. Buffers: If the proposed WCF is the principal use of the property or if the proposed WCF equipment compound is: 1) to be located between an existing structure and a public or private street, or designated open space, or 2) in any residential zoning district, then the WCF equipment compound shall be landscaped with a minimum ten-foot wide perimeter buffer containing the following planting standards: 1. One row of evergreen trees with a minimum two inches caliper, twenty-five foot on center. 11. Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted, minimum three gallon or twenty- four inches tall at the time of planting, five foot on center. 111. All plants and trees shall be indigenous to this part of Florida and drought resistant. IV. Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping where approved by the {designated staff/elected official} . v. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the {designated staff/elected official}, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section. OR "piJ'ERNATIVE BgFFEBY4NGUAGE} e. Buffers: If the proposed WCF is the principal use of the property or if the proposed WCF equipment compound is: 1) to be located between an existing structure and a public or private street, or designated open space, or 2) in any residential zoning district, then the WCF equipment compound shall be landscaped subject to the requirements of {provide cross reference to the section of the code for landscaping/buffers}. f. Signage: 1. Commercial messages shall not be displayed on any non-concealed WCF. 11. The only signage that is permitted upon a non-concealed antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). 111. Where signs are otherwise permitted, a WCF may be concealed inside such signage, provided that all applicable standards for both the signage and the concealed WCF are met. A-IO Appendix A IV. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every {twenty (20)} feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: {four (4)} inches) the following: HIGH VOLTAGE - DANGER. g. Lighting: 1. Lighting on WCFs, if required by the Federal Aviation Administration (FAA), shall not exceed the FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA to minimize the potential attraction to migratory birds. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. 11. Any security lighting for on-ground facilities and equipment shall be in compliance with {Section xxx ofthis code}. h. Conformance with building codes: WCFs and their equipment compounds shall be constructed and maintained in conformance with all applicable building code requirements. 1. Equipment compound: 1. Shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). No outdoor storage yards shall be allowed in a WCF equipment compound. 11. Shall not be used as habitable space. 111. Where feasible, one building with multiple compartments shall be constructed to serve the total number of colocation tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a master site plan shall be provided to demonstrate how all potential colocation equipment cabinets will be accommodated within the compound. J. Compliance with federal standards for interference protection: Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection. k. Compliance with ANSI standards: In order to protect the public from excessive exposure to electromagnetic radiation, the WCF applicant shall certify through a written statement that the facility meets or exceeds current American National Standards Institute (ANSI) standards as adopted by the FCC. 1. Sounds: No sound emissions from machinery, alarms, bells, buzzers, or the like are permitted beyond the perimeter of the equipment compound. L77 Countywide Model Wireless Telecommunications Ordinance m. Parking: One {paved} parking space is required for each WCF development area. The space shall be provided within the {leased area/equipment compound/development area} as defined on the site plan. n. Imvact/development fee calculation: For the purposes of impact/development fee calculation, the floor area for a WCF shall be considered {as only the total square footage of the equipment compound, i.e., the entire fenced-in area, or the dimensions of the development area defined in Section 102 (Definitions).} The development area shall be required to meet the open space ratio requirements for the zoning district and/or land use designation where it is located. o. Abandonment: 1. WCFs and the equipment compound shall be removed, at the owner's expense, within {one hundred eighty (180)} days of cessation of use, unless the abandonment is associated with a replacement antenna structure as provided in Section 108 (Submittal Requirements), in which case the removal shall occur within {ninety (90)} days of cessation of use. 11. An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The {City/Town/County} may extend the time for removal or reactivation up to {sixty (60)} additional days upon a showing of good cause. If the antenna support structure or antenna is not removed in a timely fashion, the {City/Town/County} may give notice that it will contract for removal within {thirty (30)} days following written notice to the owner. Thereafter, the {City/Town/County} may cause removal of the antenna support structure with costs being borne by the current WCF or land owner. 111. Upon removal of the WCF and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings, or consistent with the current use of the land at the time of removal. The cost of rehabilitation shall be borne by the current WCF or land owner. IV. Attached Wireless Communication Facilities. a. Generally. 1. Height: The top of the attached WCF shall not be more than {twenty (20)} feet above the existing or proposed building or structure. 11. Setbacks: An attached WCF and its equipment compound shall be subject to the setbacks of the underlying zoning district. When an attached WCF is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail. 111. Visibility: Feed lines and antennas shall be designed to architecturally match the fa<;ade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. A-i2 Appendix A b. Attached non-concealed WCFs. 1. Allowable locations: Shall only be allowed, where the applicant has an agreement with the applicable utility or other authority that exercises jurisdiction over the subject right of way, on electrical transmission towers and existing light stanchions greater than fifty (50) feet in height, subject to approval of the designated staff or other appropriate agency designee and/or the utility company. 11. Equipment compound or cabinets: Equipment compounds or cabinets for WCFs under this subsection shall be designed and located in such a manner as to not interfere with the subject right of way or its primary utilization. 2. Freestanding Wireless Communication Facilities. a. Generally. 1. Determination of need: No new or mitigated freestanding WCF shall be permitted unless the applicant demonstrates that no existing WCF can accommodate the applicant's proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed antenna support structure. 11. Residential districts: In residential districts, new freestanding WCFs shall only be permitted on zone lots whose principal use is not single-family residential, including but not limited to: schools, churches, synagogues, fire stations, parks, and other public property. 111. Design for colocation: All new or mitigated freestanding WCFs up to 80 feet in height shall be engineered and constructed to accommodate no less than {two (2)} antenna arrays. All WCFs between {eighty-one (8I)} feet and {one hundred (100)} feet shall be engineered and constructed to accommodate no less than {three (3)} antenna arrays. All WCFs between {one hundred and one (WI)} and {one hundred and twenty-five (125)} feet shall be engineered and constructed to accommodate no less than {four (4)} antenna arrays. Where permitted, all WCFs between {one hundred and twenty-six (126)} feet and {one hundred and fifty (ISO)} feet shall be engineered and constructed to accommodate no less than {five (5)} antenna arrays. IV. Minimum lot size: In all single-family residential districts, new freestanding WCFs shall only be permitted on parcels with a minimum lot size of {to be filled in by each local government} acres/square feet. v. Visibility: New freestanding antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding WCFs shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture. VI. Grading: Grading shall be minimized and limited only to the area necessary for the new WCF. Ll~ Countywide Model Wireless Telecommunications Ordinance V11. Safety: All support structures shall comply with the safety standards contained in the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) document 222-F, "Structural Standards For Steel Antenna Towers and Supporting Structures," as amended. b. Freestanding concealed WCFs. 1. Height: (1) In {single-family residential} zoning districts the maximum height shall be limited to {twenty-five (25)} feet above the allowable building height or a total of {sixty (60)} feet, whichever is less. (2) In {planned residential} zoning districts, the maximum height shall be limited to {twenty-five (25)} feet above the allowable building height or a total of {sixty (60)} feet, whichever is less, except in designated common areas, where the maximum height shall be {twenty-five (25)} feet above the allowable building height or a total of {eighty (80)} feet, whichever is less. (3) In {multifamily residential} zoning districts the maximum height shall be limited to {twenty-five (25)} feet above the allowable building height or a total of { eighty (80)} feet, whichever is less. (4) In all {nonresidential} zoning districts where permitted, the maximum height shall be limited to {one hundred twenty-five (125)} feet. (5) All height limits shall include foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas. 11. Setbacks: In residential zoning districts, the concealed freestanding WCF and its equipment compound shall be subject to the setbacks of the zoning district and shall not be any closer to an adjoining property line than the proposed facility is to any dwelling unit on the property on which it is proposed to be located. In all other zoning districts, setbacks shall be subject to the zoning district. c. Freestanding non-concealed WCFs. 1. Antenna support structure: Freestanding non-concealed WCFs shall be limited to monopole type antenna support structures {unless the applicant demonstrates that such design is not feasible to accommodate the intended uses} . 11. Height: (1) {Freestanding non-concealed WCFs shall not be allowed in residential zoning districts.} (2) The maximum height in all {nonresidential} zoning districts shall be limited to {forty-five (45)} feet above the allowable building height or a total of { one hundred (lOO)} feet, whichever is less. A-14 Appendix A (3) The height limit shall include foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas. 111. Setbacks: A non-concealed freestanding WCF and its equipment compound shall be subject to the underlying zoning district plus an additional six inches for every one-foot of antenna support structure height. OR {}{Q/[~. COMB TERNATIVE SETBA CK LANG VA GE--,- TO BEUslf/jJjbNLY IN XION WITHSECTIO}{l 08. 3(g}.} A non-concealed freestanding WCF and its equipment compound shall be subject to the regulations applicable to the underlying zoning district, except where the minimum setback distance for an antenna support structure from any property line or public right-of-way is less than the height of the proposed antenna support structure. In that case: (1) If the antenna support structure has been constructed using breakpoint design technology as defined in Section 102 (Definitions), the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, plus the minimum setback distance. For example, on a 100- foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum setback for that zoning district. Certification by a registered professional engineer licensed by the State of Florida of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. (2) If the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed antenna support structure. (3) However, in all instances, the minimum setback distance from the setback line of any residentially zoned property, with an inhabited residence or proposed residences, shall be at least 200 percent of the height of the entire proposed structure. IV. Visibility: (1) New antenna support structures shall maintain {a galvanized gray finish or other approved contextual or compatible color}, except as required by federal rules or regulations. (2) New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. d. Mitigation of existing freestanding WCFs. 1. Determination of need: In addition to the requirements of Section 105.3 (Freestanding Wireless Communication Facilities), WCF mitigation shall L 7 'i Countywide Model Wireless Telecommunications Ordinance accomplish a minimum of one of the following: reduce the number of WCFs, reduce the number of nonconforming WCFs, replace an existing WCF with one that is less visually obtrusive, or replace an existing WCF with a new WCF to improve network functionality resulting in compliance with this ordinance. 11. Height: The height of a WCF approved for mitigation shall not exceed {one hundred and fifteen (1l5)} percent of the height of the tallest WCF that is being mitigated {up to a maximum of one hundred and fifty (150) feet}. 111. Setbacks: A new WCF approved for mitigation of an existing WCF shall not be required to meet new setback standards so long as the new WCF and its equipment compound are no closer to any property lines or dwelling units than the WCF and equipment compound being mitigated. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks. (The intent is to encourage the mitigation process, not penalize the antenna support structure owner for the change out of the old facility.) IV. Buffers: At the time of mitigation, the WCF equipment compound shall be brought into compliance with any applicable buffer requirements of Section 105.1 (Generally). v. Visibility: Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zone lots. 3. Colocated or Combined Facilities. a. Generally. 1. Buffers: At the time of installation, the WCF equipment compound shall be brought into compliance with any applicable buffer requirements of Section 105.1 (Generally). 11. Height: A colocated or combined WCF shall not increase the height of an existing antenna support structure by more than {twenty (20)} feet. 111. Setbacks: (1) A colocated or combined WCF, its equipment compound, and any antenna support structure shall be subject to the setbacks of the underlying zoning district. (2) When a colocated or combined WCF is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail. IV. Visibility: New antenna mounts shall be flush-mounted onto existing WCFs, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. A-16 Appendix A Section 106. Permitted Uses b Zoning District (NOTE: THE TABLEBE'LVW7~ FOR EXEMBIiARY P D SHOULD BE. DEVELOBEf)iiiJ1~.E~t!1if::l L'VCALGOVERNME Non- Co located or Concealed concealed Concealed Non-Concealed Antenna Combined on Zoning Attached Attached Freestanding Freestanding Mitigation of Element Existing District WCF WCF* WCF WCF Existing WCF Replacement WCF** R-1 P*** NP* PH NP PH P P RM P NP* PH NP PH P P RPD P NP* PH NP PH P P P1 P NP* PH NP PH P P P1A P NP* PH NP PH P P C-1 P NP* PH NP PH P P C-2 P NP* P NP P P P CR P NP* PH NP PH P P IPD P NP* P PH P P P M-1 P NP* P PH P P P M-2 P NP* P PH P P P PC P NP* PH NP PH P P PSP P NP* PH NP PH P P * Non-concealed attached WCFs are only allowed on transmission towers and light stanchions subject to approval of the designated staff or other appropriate agency designee and/or the utility company. Colocated or combined facilities are not subject to land development regulations pursuant to Section 365.172(1l)(a), F.S., so long as the height of the existing structure is not increased provided the existing facility hosting the collocation or combining complies with such land development regulations. P - Permitted PH - Public Hearing NP- Not Permitted ** *** Example Districts: R -1 - Single-family residential RM - Residential, multifamily RPD - Residential planned development P-I - General professional office P-IA - Limited office C-l - Neighborhood commercial C-2 - General retail and limited services CR - Commercial recreation IPD - Industrial planned development M-l - Light manufacturing and industry M-2 - Heavy manufacturing and industry PC - Preservation! conservation PSP - Public/semipublic L77 Countywide Model Wireless Telecommunications Ordinance Section 107. Siting Alternatives Hierarchy (NOTE: THE HIERARCHYBELOWIS IlOR"EXEMPLARY PUR? t.1DiSHOULD BE DEVELOPED BY IfJ,ACli LOr.;:ALi,QQT)'ER]VMENT.) Siting of a wireless communications facility (WCF) (as herein defined) shall be III accordance with the following siting alternatives hierarchy: 1. Concealed Attached Wireless Communications Facility a. On city or county-owned property b. On other publicly-owned property c. On privately-owned property 2. Colocated or Combined on Existing Antenna Support Structure Facility a. On city or county-owned property b. On other publicly-owned property c. On privately-owned property 3. Freestanding Concealed Wireless Communications Facility a. On city or county-owned property b. On other publicly-owned property c. On privately-owned property d. In public rights-of-way (optional) 4. Non-concealed Wireless Communications Facility a. On city or county-owned property b. On other publicly-owned property c. On privately-owned property d. In public rights-of-way (where required by existing agreement, e.g., with FDOT) For attached, colocated, or combined WCF, the order of ranking preference, highest to lowest, shall be from la to Ie and 2a to 2c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in Section 108.1 (General Submittal Requirements) including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility. Where a freestanding WCF is permitted the order of ranking preference from highest to lowest shall be from 3a to 3d and 4a to 4c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in Sections 108.1 (General Submittal Requirements) and 108.3 (Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs) and demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless A-18 Appendix A communications facility, and the eXIstmg land uses of the subject and surrounding properties within 300 feet of the subject property. This section shall not be interpreted to require applicants to locate on publicly-owned sites when lease negotiation processes are prohibitively lengthy or expensive relative to those of the private sector. The applicant is considered justified in selecting a lower- ranked privately-owned property option if the local government fails to approve a memorandum of agreement or letter of intent to lease a specified publicly-owned site within {ninety (90) days} of the application date, or if it is demonstrated that the proposed lease rate for the specified public-owned site significantly exceeds the market rate for comparable privately-owned sites. ~.ection 108. Submitt~l Reqllirements {NOTE: IT IS NOT THE INTENTI(JNF(JR, 'iHESUBMITTALREQ(jIRi3M,JjJ]\fTS TO BE ADOPTED IN THEIR ENTIRi3TYJmBUT RAT: R TO BE: USE 'ELEMENTAL REGULATIONS WHENLOCALlilX!!)DES ADDRESS QPICS.} In addition to the submittal requirements of any subsection below, each applicant shall submit a completed application form and required application fees as part of its submittal package. 1. General Submittal Requirements. a. An affidavit by a radio frequency engineer demonstrating compliance with Section 107 (Siting Alternatives Hierarchy). If a lower ranking alternative is proposed, the affidavit must address why higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility. b. {Six (6) sets (24?x36?) of signed and sealed site plans, including antenna support structure elevations, and landscape plans if required, and two (2) reduced copies (8'ii?xll ?), of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities.} The site plans shall identify adjacent land owners, land uses, height of principal building, size of lots, and existing zoning and land use designations. c. If an adjacent property has a conditional use, special use, special exception, or other applicable designation, then a copy of any additional development conditions or approvals shall be included in the site plan submittal package. d. An identification card for the subject property from the Pinellas County Property Appraiser's Office or a tax bill showing the ownership of the subject parcel. e. Proof that a property and/or antenna support structure owner's agent has appropriate authorization to act upon the owner's behalf (if applicable). f. A signed statement from a qualified person, together with their qualifications, shall be included that certifies radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other existing facilities located on or immediately LIO Countywide Model Wireless Telecommunications Ordinance adjacent to the proposed facility, the replacement antenna complies with FCC standards. g. Prior to issuance of a building permit, a stamped or sealed structural analysis of the proposed antenna support structure prepared by a registered professional engineer licensed by the State of Florida shall be submitted that indicates the proposed and future loading capacity of the antenna support structure. h. One original and two (2) copies of a survey of the property completed by a registered professional engineer, licensed in the State of Florida, showing all existing uses, structures, and improvements on the proposed WCF site. 1. Proposed maximum height of the proposed WCF, including individual measurement of the base, the antenna support structure, and lightning rod. J. A landscape plan in accordance with the provisions of Section 105 (Development Standards). k. Photo-simulated post construction renderings of the completed proposed antenna support structure, equipment cabinets, and ancillary structures from locations to be determined during the pre-application conference (but shall, at a minimum, include renderings from the vantage point of any adjacent roadways and occupied or proposed non-residential or residential structures), proposed exterior paint and stain samples for any items to be painted or stained, exterior building material and ~~~Esamples,al!I~~untedon~~lorboard no larger than ...1~?xl7? fl'(QftliA,- ~ROTfISIONISRECOMMENDED, .BUT ITS USE IS [)EPENDENT. ONkfiflr4i lYBQUIlYBMENTS.} 1. If the proposed WCF is subject to FAA regulation, then prior to issuance of a building permit, a copy of all material submitted by the applicant to the FAA and any FAA determinations concerning the WCF shall be provided to the {City/Town/County} . m. If the United States Fish and Wildlife Service requires the applicant to submit any information to them concerning the proposed wireless communications facility, the applicant shall also furnish a copy of any material submitted to the United States Fish and Wildlife Service to the {City/Town/County} as part of the application package. n. All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter. o. Interference with public safety communications. In order to facilitate the regulation, placement, and construction of WCFs, and to ensure that all parties comply to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of a WCF or applicant for a WCF shall agree in a written statement to the following: 1. Compliance with "Good Engineering Practices" as defined by the FCC in its rules and regulations. 11. Certification from the applicant that it complies with FCC regulations A-20 Appendix A regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI). 111. In the case of an application for colocated telecommunications facilities, the applicant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the {City/Town/County}'s public safety communications equipment and will implement appropriate technical measures, as described in Section 108.4 (Antenna Element Replacements), to attempt to prevent such interference. IV. Whenever the {City/Town/County} has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCFs, the following steps shall be taken: (1) The {City/Town/County} shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the {City/Town/County} and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Best Practices Guide," released by the FCC in February 2001, including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time. (2) If any WCF owner fails to cooperate with the {City/Town/County} in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the {City/Town/County} public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the {City/Town/County} for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Best Practices Guide" within twenty-four (24) hours of the {City/Town/County}'s notification. p. If requested, materials detailing the locations of existing wireless communications facilities to which the proposed antenna will be a handoff candidate, including latitude and longitude of the proposed and existing antenna. q. A map showing the designated search ring. L,) 1 Countywide Model Wireless Telecommunications Ordinance r. For all applications except colocations, a radio frequency analysis indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed network design is intended to improve coverage or capacity potential or reduce interference and the proposed facility cannot be achieved by any higher ranked alternative such as a concealed (stealth) facility, attached facility, replacement facility, colocation, orne\V antenna,'~l.l.P}Jg~ structure. {NOT; 'ENTS ARE NEEDED, TOYl.JSTIEM?/j FACILITY AND THE" PROPOSED, LOCATION ONLYORmBE NATED GEOGRAPHIC,AREA PROPOSED R s. Compliance letter from the State Historic Preservation Office (SHPO). t. Completed checklist demonstrating compliance with the National Environmental Policy Act (NEP A). 2. Attached, Colocated, and Combined WCFs. a. Certification furnished by a registered professional engineer licensed in the State of Florida that the WCF has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure. b. A signed statement from the antenna support structure owner or owner's agent agreeing to allow the colocation of other wireless equipment on the proposed antenna support structure, if the structure is designed or capable of additional wireless equipment. c. A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards. ' 3. Freestanding Concealed or Non-concealed WCFs, and Mitigation ofWCFs. a. A report and supporting technical data demonstrating that all antenna attachments and colocations, including all potentially useable utility distribution towers and other elevated structures within the proposed service area, and alternative antenna configurations have been examined, and found unacceptable. The report shall include reasons that existing facilities such as utility distribution and other elevated structures are not acceptable alternatives to a new freestanding WCF. The report regarding the adequacy of alternative existing facilities or the mitigation of existing facilities to meet the applicant's need or the needs of service providers indicating that no existing wireless communications facility could accommodate the applicant's proposed facility shall demonstrate any of the following: 1. No existing wireless communications facilities located within the geographic area meet the applicant's engineering requirements, and why. A-22 Appendix A 11. Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering requirements, and cannot be increased in height. 111. Existing wireless communications facilities do not have sufficient structural integrity to support the applicant's proposed wireless communications facilities and related equipment, and the existing facility cannot be sufficiently improved. IV. Other limiting factors that render existing wireless communications facilities unsuitable. b. Technical data included in the report shall included certification by a registered professional engineer licensed in the State of Florida or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed WCF, and accompanying maps and calculations demonstrating (using the hierarchy in Section 107) the need for the proposed W CF. c. A vicinity map delineating the location and classification of all major public or private streets and rights-of-way, driveways, public parking areas, pedestrian ways, trails and bikeways within {500} feet of property boundary, including zoning district boundaries, on a 24?x36? sheet, together with a list of property owners within {500} feet of the subject property and keyed to the map. The list must be from the most current ownership information supplied by the Pinellas County Property Appraiser's Office, together with two (2) sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant's ability. d. A statement that the proposed facility meets the siting alternatives hierarchy, or alternatively, that concealment technology is unsuitable for the proposed facility. Costs of concealment technology that exceed facility development costs shall not be presumed to render the technology unsuitable. e. The applicant shall provide simulated photographic evidence of the proposed WCFs appearance from {eight (8)} vantage points chosen by the {designated staff/elected official} in cooperation with the applicant, including the facility types the applicant has considered and the impact on adjacent properties including: 1. Overall height 11. Configuration 111. Physical location IV. Mass and scale v. Materials and color VI. Illumination V11. Architectural design If applicable, the applicant shall provide a statement as to the potential visual and aesthetic impacts of the proposed WCF on all adjacent residential zoning districts. L ?:? Countywide Model Wireless Telecommunications Ordinance f. Certification furnished by a registered professional engineer licensed in the State of Florida, that the WCF has sufficient structural integrity to accommodate the required and a proposed number of colocations. g. A written statement by a registered professional engineer licensed by the State of Florida specifying the design structural failure modes of the proposed if applicable. {NOTE: TO BETJSED ONLY IN COMBINATION Y1k'TERNATIVESETBACKL4lffjf;;UAGE IN SECTIONI05.3(c)(iii).} h. Identification of the intended service providers of the WCF. 1. Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property. J. A pre-application conference will be required for any new antenna support structure. The applicant shall demonstrate that the following notice was mailed (via certified mail) to all other wireless service providers licensed to provide service within the {City/Town/County} as indicated on the list of wireless service providers provided by the {City/Town/County}: "Pursuant to the requirements of the {City/Town/County} of { } Code of Ordinances, (name of provider) is hereby providing you with notice of our intent to meet with the {City/Town/County} Staff in a pre-application conference to discuss the location of a freestanding wireless communications facility that would be located at (physical address, latitude and longitude (NAD-83)). In general, we plan to construct a support structure of feet in height for the purpose of providing (type of wireless service) . Please inform the {City/Town/County} Staff if you have any desire for placing additional wireless facilities or equipment within {two (2)} miles of our proposed facility. Please provide us with this information within {twenty (20)} business days after the date of this letter. Your cooperation is sincerely appreciated. Sincerely, (pre-application applicant, wireless provider)" k. For all structures requiring a special permit, all property owners within {500} feet of the property boundary where the proposed structure will be constructed shall receive written notice of the application via certified mail from the applicant. 4. Antenna Element Replacements. a. Any repair or replacement of an existing antenna or antenna array with another of like model, type, and number, and which will not alter the structural integrity of the support structure, shall be exempted from further review provided that a notarized certification shall be submitted by a qualified technician stating that the replacement will not alter the structural integrity of the support structure, and that any changes will not affect electrical specifications. b. For any repair or replacement of an existing antenna or antenna array on a WCF that changes the mechanical or electrical specifications of the WCF, but does not increase the number and/or size of feed lines to the existing WCF, the applicant must, prior to making such modifications, submit the following: A-24 Appendix A 1. A written statement setting forth the reasons for the modification. 11. A description of the proposed modifications to the WCF, including modifications to antenna element design, type and number, as well as any additional feed lines from the base of the WCF to such antenna elements. 111. A signed statement from a qualified person, together with their qualifications, shall be included representing the antenna support structure's owner or owner's agent that the radio frequency emissions comply with FCC standards for such emissions. A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards. IV. A stamped or sealed structural analysis of the existing WCF prepared by a registered professional engineer licensed by the State of Florida indicating that the existing antenna support structure as well as all existing and proposed appurtenances meets Florida Building Code requirements (including wind loading) for the antenna support structure. c. Any repair or replacement of an existing antenna or antenna array on a WCF that changes the mechanical specifications in a manner that increases the number and/or size of feed lines to the existing WCF will be treated as a new colocation. Section 109. Approval Process In accordance with the table in Section 106 (Permitted Uses by Zoning District), the following approval process shall apply: 1. New WCFs and Antenna Element Replacements. a. Any application submitted pursuant to this section shall be reviewed by {City/Town/County} staff for completeness. If any required item fails to be submitted, the application shall be deemed incomplete. Staff shall advise an applicant in writing within twenty (20) business days after submittal of an application regarding the completeness of the application. If the application is incomplete, such notice shall set forth the missing items or deficiencies in the application which the applicant must correct and/or submit in order for the application to be deemed complete. b. Upon resubmittal, staff shall then have an additional twenty (20) business days to give notice as to the amended application's completeness. The date staff advises the applicant that such application is complete shall be the commencement date for purposes of calculating time under Section 365.172(11)(c), F.S. c. Within twenty (20) days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the {City/Town/County} in writing as to whether or not the potential colocation or combining is acceptable and under what conditions. If the colocation or combiningh L?~ Countywide Model Wireless Telecommunications Ordinance is not acceptable, then the applicant must provide the respondent and the {City/Town/County} written justification as to why the colocation or combining is not feasible. 2. Administrative Approvals. The approval of a WCF subject to administrative review as identified in this section shall be governed by the following process: a. The {designated staff/elected official} shall review the request, application, and submitted documents for compliance with all requirements of this ordinance. The {City/Town/County} may, at its discretion, obtain additional technical assistance to review and assess the technical merits of the documents. b. If the {designated staff/elected official} determines the application and documentation meets all of the requirements of this ordinance, the {City/Town/County} shall approve the application package and the applicant may proceed to request a building permit. c. If the {designated staff/elected official} determines the application and/or documentation fails to meet all the requirements of the ordinance, then the {City/Town/County} shall provide written notification to the applicant as to the materials which need to be amended or supplied for review. The applicant shall provide to the {City/Town/County} any requested materials for review. This process shall continue until the {designated staff/elected official} has approved the application package, at which time the applicant may proceed to request a building permit. d. If the {designated staff/elected official} determines that the application and documentation fail to meet the intent of this ordinance, the {City/Town/County} may, in writing, deny the request. e. Appeals from a decision made by the {designated staff/elected official} shall be to the {Board of Adjustment/Planning Commission/City Council}. 3. Public Hearing Approvals. a. All proposed WCFs within 300 feet of a designated Scenic Viewshed, regardless of type or height, shall be subject to a {major special use/other applicable} permit. b. The approval of a WCF subject to {conditional use permit/special exception/ other} as identified in the table in Section 106 (Permitted Uses by Zoning District) shall be governed by the following process: 1. Upon receipt of approval of a complete application, the { designated staff/elected official} shall prepare the WCF request in accordance with the processes and procedures in this ordinance. 11. In addition to the considerations for {conditional use permit/special exception/other} of this ordinance, the approving bodies in determining whether a WCF is in harmony with the area or the effects and general compatibility of a WCF with adjacent properties may consider the aesthetic A-26 Appendix A effects of the WCF as well as mitigating factors concerning aesthetics, with due consideration of the needs and requirements of wireless facilities. 111. The approving bodies may disapprove an application on the grounds that the WCFs aesthetic effects are unacceptable, or may condition approval on changes in WCF height, design, style, buffers, or other features of the WCF or its surrounding area. Such changes need not result in performance identical to that of the original application. IV. Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of WCFs in the proposed area; and whether the height, design, placement or other characteristics of the proposed WCF could be modified to have a less intrusive visual impact. v. If the approving authority determines that the proposed additional service, coverage, or capacity to be achieved by the location of the proposed new WCF can be achieved by use of one or more alternative existing wireless communications facilities addressed in Sections 108.1 (General Submittal Requirements) and 108.3 (Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs), which better serve the stated purposes set forth in Section 101 (Purpose and Intent), it may disapprove the proposed WCF application. 4. Supplemental Review. The {City/Town/County} reserves the right to require a supplemental review for any type ofWCF, as determined necessary, subject to the following: a. Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the {designated staff/elected official} may require the applicant to pay for a technical review by a third party expert, the costs of which shall be borne by the applicant and be in addition to other applicable fees. b. The applicant shall submit a deposit of {$2,000/or other appropriate amount} towards the cost of such supplemental review upon written notification from the {City/Town/County} that a supplemental review is required, and shall remit any outstanding balance to the {City/Town/County} for such review, not to exceed the total costs set forth in the schedule below for supplemental review, prior to issuance of a building permit. Failure by the applicant to make reimbursement pursuant to this section shall abate the pending application until paid in full. Supplemental review fees as provided in this section shall be tied to the direct costs of the review, and shall not exceed the following maximum amounts: {(1) Concealed Attached WCF $3,500 (2) Colocated or Combined WCF $3,500 (3) Freestanding Concealed WCF $4,500 (4) Non-concealed Freestanding WCF $6,000 } L?7 Countywide Model Wireless Telecommunications Ordinance (NOTE: THESE AMOUNTS ARE ONLY SUe; TO PARALLEL YOUR HIERARCHY REASONABLE MAf{J(ETEXPENSE FORSU, INTENDED J!) REELiC17!J EJf~.} c. Based on the results of the expert review, the approving authority may require changes to the applicant's application or submittals. d. The supplemental review may address any or all of the following: 1. The accuracy and completeness of the application and accompanymg documentation. 11. The applicability of analysis techniques and methodologies. 111. The validity of conclusions reached. IV. Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in these codes. v. Other items deemed by the {City/Town/County} to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these codes. Section 110. Publicly-Owned Property 1. Pursuant to applicable law, the {City/Town/County} may contract with a third party to administer publicly-owned sites for purposes of providing wireless telecommunications services, consistent with the terms of this ordinance. Except as specifically provided herein, the terms of this ordinance, and the requirements established thereby, shall be applicable to all WCFs to be developed or colocated on {City/Town/County} -owned sites. 2. If an applicant requests a permit to develop a site on {City/Town/County}-owned property, the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted. 3. No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly-owned sites of the jurisdiction for delivery of telecommunications services or any other purpose. 4. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property. A-28 ApPENDIX B Application for Wireless Telecommunications Infrastructure Appendix B Countywide Model Wireless Telecommunications Ordinance This page intentionally left blank. Appendix B APPLICATION FOR WIRELESS TELECOMMUNICATIONS INFRASTRUCTURE PROPERTY OWNER'S NAME: Phone: APPLICANT'S NAME: ------------------------------------- ------------------------ Phone: APPLICANT'S DESIGNATED CONTACT: ___________________________________________________ Address:______________________________________________-------------------------- Phone: FAX: LESSOR/LICENSOR CONTACT INFORMATION: Name: ______________________________________________________--.---------------------- Address: ---------------------------------------------------------------------- ------ Phone: FAX: Please mark the appropriate response. FACILITY LOCATION: Public Property D Private Property D WIRELESS FACILITY TYPE (check all that apply): Attachment: D Attached D Freestanding Support Structure: D Existing D New D N/A Concealed (Stealth): DYes D No Other: D Colocation D Combination D Replacement D Other Mitigation D N/A APPLICATION CLASSIFICATION: Commercial Wireless Provider D Governmental Use D Address: ---------------------------------------------------------------------------- Latitude/Long itude (NAD83) :_____________________________________________________--- G rou nd Elevation (AMS L): ______________________________________________________---- Height of existing or proposed tower: (AGL) ____________________________________________ Tax Parcel Identification N umber: ______________________________________________________ Zon ing of pro perty: ______________________________________________________------------- Land Use and Description of property: __________________________________________________ FCC Antenna Structure Registration number (ASR) (if applicable):____________________________ B-1 REQUIRED DEVELOPMENT STANDARDS Site plan must address the following development standards: Attached Freestanding Attached Non- Freestanding Non- Colocation Concealed Concealed Concealed Concealed or WCF WCF WCF WCF Mitigation Combined Setbacks ~ ~ ~ ~ ~ ~ Equipment cabinets ~ ~ ~ ~ ~ ~ Fencing ~ ~ ~ ~ ~ ~ Buffers ~ ~ ~ ~ ~ ~ Signage ~ ~ ~ ~ ~ ~ Lighting ~ ~ ~ ~ ~ ~ Conformance with ~ ~ ~ ~ ~ ~ buildina codes Equipment compound ~ ~ ~ ~ ~ ~ Interference protection ~ ~ ~ ~ ~ ~ ANSI standards ~ ~ ~ ~ ~ ~ Sounds ~ ~ ~ ~ ~ ~ Parking ~ ~ ~ ~ ~ ~ Impact/development ~ ~ ~ ~ ~ ~ fee Abandonment ~ ~ ~ ~ ~ ~ Height of antenna ~ ~ ~ ~ ~ ~ support structure & location of antenna Visibility ~ ~ ~ ~ ~ ~ Allowable locations ~ ~ ~ Determination of need ~ ~ ~ Colocation ~ ~ Minimum lot size ~ ~ Grading ~ ~ ~ Facility construction ~ ~ type Note: For each standard, a" symbol means that it applies to the facility type in the corresponding column. B-2 I I SUBMITTAL REQUIREMENTS Attached Freestanding Attached Non- Freestanding Non- Colocation Concealed Concealed Concealed Concealed or WCF WCF WCF WCF Mitigation Combined Application form -.J -.J -.J -.J -.J -.J Payment of fees -.J -.J -.J -.J -.J -.J Statement that no other higher -.J -.J -.J -.J -.J -.J ranked alter-natives are available Site plans -.J -.J -.J -.J -.J -.J Listing of adjacent zoning -.J -.J -.J -.J -.J -.J Proof of subject parcel -.J -.J -.J -.J -.J -.J ownership Applicant authorization -.J -.J -.J -.J -.J -.J Statement of RF emissions -.J -.J -.J -.J -.J -.J compliance Structural loading analysis -.J -.J -.J -.J -.J -.J Property survey -.J -.J -.J -.J -.J -.J Identification of height -.J -.J -.J -.J -.J -.J Landscape plan -.J -.J -.J -.J -.J -.J Photo simulations -.J -.J -.J -.J -.J -.J FAA airspace compliance (if -.J -.J -.J -.J -.J -.J applicable) Compliance with U.S. Fish & -.J -.J -.J -.J -.J -.J Wildlife regulations (if applicable) Compliance with public safety -.J -.J -.J -.J -.J -.J communications standards Handoff candidates, R.F. frequency plot plan, latitude -.J -.J -.J -.J -.J -.J and longitude; antenna heights and power levels Map of search ring -.J -.J -.J -.J -.J -.J RF analysis -.J -.J -.J -.J -.J -.J SHPO compliance letter -.J -.J -.J -.J -.J -.J NEPA checklist -.J -.J -.J -.J -.J -.J Structural integrity -.J -.J -.J Colocation agreement -.J -.J -.J Report of need -.J -.J -.J Vicinity map -.J -.J -.J Statement meeting break-point -.J -.J -.J technology (if applicable) Identification of service -.J -.J -.J provider Title report -.J -.J -.J Pre-application conference -.J -.J -.J Notices sent to nearby -.J -.J -.J property owners (if applicable) Reason for modifications -.J Description of modifications -.J Note: For each requirement, a " symbol means that it applies to the facility type in the corresponding column. B-3 THE {CITY/COUNTY/TOWN} SHALL REVIEW THE COMPLETED APPLICATION AND ADVISE THE APPLICANT IF THE MATERIALS SUBMITTED ARE COMPLETE OR INCOMPLETE WITHIN TWENTY BUSINESS DAYS OF THE DATE OF APPLICATION SUBMISSION. APPLICANT'S CERTIFICATIONS The applicant represents and certifies that the following are true and accurate: ./ The proposed WCF complies with and at all times will be maintained and operated in accordance with, all applicable FCC rules and regulations with respect to environmental effects of electromagnetic emissions. ./ The applicant certifies that all statements, certifications and representations supplied in this application are true and correct and that the persons signing the application are duly authorized to execute this application and otherwise to act on behalf of the applicant. ./ All improvements constructed as part of the wireless telecommunications facility shall comply with the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code, and structural standards of the Electronic Industries AssociationlTelecommunications Industry Association, where applicable. Date: Sig natu re of Applicant:______________________________________________ Date Received by City/CountylTown: _______________ Fee Amount Received: Application Complete or Incomplete: _________________ Date of Notification to Applicant: _____________ B-4 f ~ Clearwater u~ PWA / Public Utilities Water Demand -:~ Management~;- B~ _'~ Cu rrent Conservation Initiatives . Pinellas County Low Flow Toilet Rebate Program . Water Conservation Devices . Watering Restrictions . Expansion of Reclaimed Water System Enforcement Actions Oct-03 to Feb-OS . 305 Enforcement Actions: - 253 Education Letters Sent 23 Violations Resolved 14 No Violations Observed by Inspector 13 Written Warnings Issued 2 Active Cases PU-I Water Demand Management Goals . Reduce Drinking Water Demand through Conservation and Reuse . Balance the Needs of Our Customers and the Environment Educating the Customer . City Web Page . Utility Bill Stuffer . C-VIEW . C-NEWS in St. Petersburg Times 1 Average Daily Demand Reduction . Conservation due to Public Education . Conservation Rate Structure . Expansion of Reclaimed Water System . Increased Rainfall Reclaimed Water Projects - Completed . Island Estates . South Clearwater Beach and 5 MG Storage Tank . North Clearwater Beach . Martin Luther King Ave. . Intracoastal Crossing . Harbor Oaks Annual Rainfall Data by National Weather Service - Tam~ort monitoring station ~801~ g E:: . ~ 1- 20 - - j '1 JJ ! ~ ~ I o -.- -----0;- __ ~ ------;'- . T '97 '98 '99 '00 '01 '02 '03 '04 2 Current Reclaimed Water Projects . Drew & Union - Under Construction . Seville & Sunset Point - Under Construction Reclaimed Water Project Funding . City .SWFWMD $21.9 M $15.4 M $1.1 M $ 38.4 M . Federal Grant Total Cost to Date Future Reclaimed Water Projects through 2008 . Morningside - Design Completed . Del Oro - In Design . Aquifer Storage & Recovery - DEP Public Meeting May 5, 2005 3 Current Initiatives to Increase Local Production . Rehabilitation of 8 Local Wells . Upgrading Well Controls . Hydrogeologic Evaluation of Wells 31 & 81 . Chloride Study . Review System Hydraulics 4 Countywide Wireless Facilities Study l 1. Model I ! 3. Enhanced Facilities Tracking System Report ") t..,...,. <- \ .....;) .J 1 community to clearly identify and encourage its preferences ---~o llil1~.......~~~~ricls ~...F'acnUytYP~$ ~...pubU~~Y7()yYP"~~,'land Ordinance · Comprehensiver~l1ge of standards · ~..~.~.~.~Il~~,.~~,,~~,:~,g~tg.mized; g.l;I!q~npe~,(o.r'Jl e Th'eMod'elOrdinance ~:. Abandonment -Allowable Locations · Antenna MountinglIeight · Antenna Support Structure Type · Buffers · Colocation · Compliance with ANSI Standards · Compliance with Federal Standards for Interference Protection · Conformance to Building Code · Determination of Need · Equipment Cabinets · Equipment Compound · Fencing . . · Open · Parking · Permitted Uses ..Scenic Viewshed · Setbacks · Signage · Siting Alternatives · Sounds · Visibility 2 · Guidelines for use · Recommends lease rates based on current local Systitm ~;,_'-__ ,', i';,;') Pinellas Cou~~ti1~~~rins a cen trallllap.aPd.d.~~abase · Needs to beupdaied and enhanced · Local government participation is essential! 3 'f .1111 ALLOVER network 4 ~ vc{ <I /1 '6 w..1- ~ Q.~A . .:...- ~ Svrnptorn(s) of the problem: TEMPORARY FLOWER SALES On a recurring, cyclical bases, the City receives complaints from existing traditional store front businesses complaining about temporary uses, generally with City Temporary Occupational Licenses operating from undeveloped sites in close proximity to them, selling the same or similar products. This causesth~complaint to be a high priority for a brief passing time, causing a flurry of activity, that then goes dormant when the immediate cause recedes after the 45 day permit expires. At this time, the problem seems to be focused on the florist businesses, with one main problematic applicant. There is . anecdotal evidence that this applicant runs a traditional storefront also, and knows exactly what he is doing to these other businesses. He realizes that the 45 day permit period nestles very nicely between Easter and Mother's day, a traditional high volume period. The times this occurs are generally peak seasons for the complaining business. There appears to be a conscious effort for the temporary use to strategically pick a location proximate to an established use to capitalize on established market for the product. The complaining businesses cite the fact that their fixed costs are higher, as well as their cost of merchandise because the temporary use handles a higher volume of a specialized inventory. They believe that they have followed the rules, and are being victimized by persons skirting regulation. The complaining businesses indicate that they would not mind competing on an even playing field with the temporary use. The problem does appear to be real, and can be stated as, traditional year round businesses that make an investment in infrastructure, pay local taxes and wa2es, support community causes, and vote, Solutions might include: Distance No temporary permit may be issued for a seasonal vendor within 500 (or some acceptable distance) feet of an established principle use or activity which includes as it's primary activity or incidental sales like goods and/or services without the express written consent of the established principle use. Drawback: this solution places demand Oil administration and enforcement. This may be overcome with charging an appropriate fee for the permit (currently $0) and requiring the applicant to prove they meet the criteria in the application document. fr they misrepresent, the permit is void. Time and Product offered _ ulLappears that the 45 day permit period was thoughtfully arrived at to allow the sale of Christmas trees and pumpkins which have a relatively long market period, the 30 days between Thanksgiving and Christmas, the 30 days of October. Shortening the permit period for other types of temporary uses is something we have done, 2 day and 7 day permits for other kinds of temporary uses. We can further refine the list of products listed for sale. Clearly the intent was for Christmas trees and Pumpkins. These products are not traditionally main sources of revenue for other businesses, as flowers are in the current situation. Another characteristic of Christmas tree lots and Pumpkin Patches are narrow product lines, a few types of cut trees, wreaths, and pumpkins. In the case at hand, a broad range of products is being offered that compete with the offended businesses range of products. Drawback: in a multi-cultural society we must consider equal treatment for those holidays and sale items we may not even be aware of Fee We currently do not charge for these applications/permits. Currently we just ministerialy process them to keep track. At a minimum, we should require documentation that the person applying for the use has the property owner's permission to be there. When the erection of tents is included, there is an added level of City review from Fire and Building. An appropriate fee to cover the cost of our review would have a marginal limiting effect. Drawback: traditional sales for Christmas trees and Pumpkin Patches have been civic group and non-profit fund-raisers. There are a number of options to handle this, by waiver or donation. Impact on City Systems These uses undeniably have an intense impact on the City right-of-way and storm drainage, if only for a short period. How are toilet facilities provided for employees? Is safe vehicle access to the site provided? Is the right-of-way impeded by the use? Tents and vehicle parking compaction create runoff and erosion. We require site plan approval for traditional site development, a scaled down "site appropriateness" review would allow determination if a site can safely accommodate the use. Drawback: additional demand on staff. Charging a review fee that recovers the cost of the review can offset this. The volume at this time seems limited. Consumer Protection Does the applicant provide a safe environment to invite the public into? If there is a defective or unsafe product being offered to the public, does the City have liability? Should the City be proactive in protecting the public? Is there liability implied by us aUQwingthe temporary use by permit? Recommended Solution - While not unanimous, the staff recommendation is to narrowly define the products that can be offered for sale in this section of the code, both by type of plant and narrowness of product line. This seems to respect diversity and keeps a full service vendor from targeting a competitor.