Sec. 711.429. - Permit Application.
(a) Contents. As part of any permit application to Collocate a Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole in the City's Rights-of-Way, the Registrant shall provide a permit application or consolidated permit application that sets forth, at a minimum, the following:
(1) Engineering plan. An engineering plan signed and sealed by a Florida licensed professional engineer, which includes:
(i) The type of proposed Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole including the dimensions, volume, height, footprint, design, concealment features and location of the proposed Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole, including whether the proposed location is within an area subject to restrictions;
(ii) The type of structure intended to support the Small Wireless Facility, such as an Existing Structure or City Utility Pole or JEA Utility Pole, including supporting documentation that the structure can support the additional load of the proposed Small Wireless Facility, if applicable;
(iii) The distance of the proposed Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole, including ground-mounted equipment, from pavement, sidewalks, driveways, hydrants, commercial business signs, the front/principal facades of businesses, ramps, trees, underground Utilities and other above-grade and below-grade structures and utilities located within the City's Rights-of-Way and within 50 feet of the proposed Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole;
(iv) The Global Positioning System (GPS) coordinates of the proposed Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole. The GPS coordinates shall be based on the reading from a handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS coordinates based on Google Earth or similar application may be used where areas of shading occur due to overhead canopy. GPS Coordinates shall be provided in decimal degrees at a six decimal point precision;
(v) Sufficient specificity demonstrating compliance with the Florida Building Code, other applicable codes, and other information, including but not limited to: sight lines or clear zone standards and specifications for transportation, pedestrians, and public safety as provided in the Florida Department of Transportation Plans Preparation Manual, Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the Florida Greenbook), and the Florida Department of Transportation Design Standards, as amended, the Trench Safety Act (F.S. Ch. 553), the Underground Facility Damage Prevention & Safety Act (F.S. Ch. 556), the "Safety Rules for the Installation & Maintenance of Electrical Supply & Communication Lines" established by the U.S. Department of Commerce, Bureau of Standards and the National Electric Safety Code and the objective design standards adopted in the table incorporated into the applicable Subpart, below. Each application must include site photographs showing the location of each proposed Small Wireless Facility and Wireless Equipment from at least three vantage points within the public streets or other publicly accessible places (the locations of the vantage points for the photographs shall be depicted on the site plan);
(vi) Trees and landscaping to be removed or impacted upon the collocation of the proposed Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole. The Collocation of a Small Wireless Facility or placement of a Small Wireless Sole Purpose New Utility Pole that results in impacts or removal of a regulated tree shall provide additional information and documentation in accordance with applicable City ordinances;
(vii) A certification that each proposed Small Wireless Facility will comply with applicable FCC radio frequency exposure standards and exposure limits;
(2) Description of installation or Construction. The Applicant shall provide a description of the manner in which the Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole will be Collocated or installed (i.e. anticipated Construction methods or techniques);
(3) Pole attachment agreement. For Collocations on Private Utility Poles or JEA Utility Poles, the Applicant shall provide a copy of a valid pole attachment agreement for the Collocation of the proposed Small Wireless Facility. In lieu of providing the complete pole attachment agreement between the owner of the Private Utility Pole/JEA Utility Pole and Applicant, the Applicant may provide the first page of such agreement and the signature page or a notarized letter of authorization from the owner of the Private Utility Pole/JEA Utility Pole, providing adequate identifying information, acceptable to the City, and indicating the Applicant is authorized to Collocate on the identified Private Utility Pole/JEA Utility Pole;
(4) Design. The Applicant shall provide a description of the design to be utilized pursuant to the objective design standards contained in Subpart D or E, as applicable;
(5) Temporary sidewalk closure plan. The Applicant shall provide a temporary sidewalk closure plan, if applicable, to accommodate the Collocation of the Small Wireless Facility or placement of the Small Wireless Sole Purpose New Utility Pole;
(6) Temporary maintenance of traffic (MOT) plan. The Applicant shall provide a temporary traffic lane closure and maintenance of traffic (MOT) plan, if applicable, to accommodate the Collocation of the Small Wireless Facility or placement of the Small Wireless Sole Purpose New Utility Pole;
(7) Restoration plan and estimate cost of restoration of the City Rights-of-Way. If applicable, a restoration plan and a good faith estimate of the cost of restoration of the City's Rights-of-Way. Such good faith estimate shall be accepted by the City unless the Director determines such estimated costs are not representative of the actual costs of the restoration of the City's Rights-of-Way. Estimates of the cost to restore the City's Rights-of-Way shall include all costs necessary to restore the City's Rights-of-Way to its original condition. Such good faith estimate shall include, but is not limited to, costs to restore the paving, curbs/gutters, sidewalks, multi-purpose trails, and landscaping. All planted or naturally occurring shrubbery or vegetation, including sod, damaged or destroyed during work in the City's Rights-of-Way shall be replaced, except tree removals or pruning as allowed by the permit;
(8) Timetable for Construction or installation. The timetable for Collocation of the proposed Small Wireless Facility or placement of the Small Wireless Sole Purpose New Utility Pole or each phase thereof;
(9) Indemnification. A statement shall be included within the permit application that by execution of the application, the Registrant shall be bound to the City with respect to the indemnification provisions set forth in Subpart A;
(10) Airport airspace protection. Applicant shall comply with F.S. Ch. 333, and all State and federal laws and regulations pertaining to airport airspace protections; and
(11) Authorized agent. In such instances where a contractor or other agent is acting on behalf of the Applicant, evidence such as an executed letter or notarized statement by the Applicant granting authority to such contractor or other agent to act on the Applicant's behalf; and
(12) JEA Pre-Approval. For Collocations on JEA Utility Poles, the Applicant shall initially submit a request to JEA for the use of the JEA Utility Pole, which request shall include information required by JEA to evaluate such use. If the use of the JEA Utility Pole is approved in JEA's discretion, JEA will issue a notice of approval for the specific installation which was submitted to JEA (the "JEA Notice of Approval"). The Applicant shall include the JEA Notice of Approval in its permit application to the City, and the City shall deny any application for Collocation on a JEA Utility Pole which does not include a JEA Notice of Approval. If the installation which is the subject of a JEA Notice of Approval is modified after such review by JEA, the Applicant shall resubmit such modified installation for re-approval by JEA.
(b) Application review. An Application to Collocate a Small Wireless Facility or place a Small Wireless Sole Purpose New Utility Pole shall be reviewed by the Director as follows:
(1) Notice of application deficiency. Within 14 days after the date of filing an application, unless the timeframe is mutually extended, the Director shall determine whether the application is complete. If an application is deemed incomplete, the Director shall notify the applicant by electronic mail and specifically identify the missing information. An application shall be deemed complete if the Director fails to notify the Applicant otherwise within 14 days after the date of filing the application.
(2) Request for alternative location. Within 14 days after the date of filing the application, the Director may request that the proposed collocation of the Small Wireless Facility be moved to another location and be placed on another Existing Structure or by placing a Small Wireless Sole Purpose New Utility Pole. The City and applicant may negotiate the alternative location for 30 days after the City submits the request. The applicant shall notify the City of its acceptance or rejection within this 30-day negotiating period. If the applicant accepts the alternative location, the application shall be deemed granted for the agreed-upon alternative location and all other locations in the application. If the requested alternative location is rejected by the applicant, the Director shall approve or deny the original application within 30 days after the date the application was filed.
(3) Application review; approval or denial. Within 60 days after the date of filing an application or after the date of the final determination regarding any applications for a waiver authorized in this Subpart, the Director shall approve or deny the application. If the Director does not submit a request for an alternate location as provided in subsection (2) above, the Director and the applicant may mutually agree to extend the 60-day application review period.
(4) Notice of denial; resubmission. Should the application be denied, the Director shall notify the applicant by electronic mail on the day the application is denied and specify in writing the basis for denial, including the specific Applicable Code provisions on which the denial is based. The applicant may cure the deficiencies identified by the Director and resubmit the application within 30 days after the notice of denial is sent. The Director shall approve or deny the revised application within 30 days after the date of filing the application. Any subsequent review shall be limited to the deficiencies cited in the notice of denial. A denial of a Permit may be appealed pursuant to Section 711.406 of this Part.
(5) Consolidated Permit Applications. In a Consolidated Permit Application, the City may separately address each proposed Collocated Small Wireless Facility for which incomplete information has been received or which are denied.
(6) Deemed approved. Prior to commencing construction, a person with a deemed approved Permit must be registered pursuant to this Part and, if required, must file a construction bond and Surety Fund with the City.
(c) Criteria for denial of Permit. The Director may deny an application for a Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole in the City Rights-of-Way if the proposed location:
(1) Materially interferes with the safe operation of traffic control equipment;
(2) Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes;
(3) Materially interferes with compliance with the Americans with Disabilities Act or similar federal or State standards regarding pedestrian access or movement;
(4) Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual, as it may be updated or amended from time to time;
(5) Materially fails to comply with any Applicable Codes; and
(6) Fails to meet and/or comply with any applicable design standards set forth in Subparts D and E; and
(7) For Collocations on JEA Utility Poles, does not include a JEA Notice of Approval.
(d) Applications for Waiver and Administrative Deviation. The applicant may seek a waiver from any requirement, including the objective design standards, by filing a request for waiver with the Department, to be granted or denied within 45 days of the date of the request by the Tower Review Committee pursuant to Section 656.1509. A request for a waiver shall be filed contemporaneously with the Permit application. The request for waiver shall state each Section, subsection, requirement, standard or criteria for which a waiver is being sought. A request for a waiver shall include a detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this Section is required. An applicant may request an administrative deviation from: (1) the requirement in Section 711.438 for new poles to not be located within two feet of a sidewalk for any pole proposed to be located within the Downtown Area as defined in Section 656.361.2 or in areas with a Land Use designation of CGC, IL or IH; and (2) any requirement regarding size limitations on width and depth of pole-mounted equipment and size of new and replacement pole diameter if the requested deviation is necessary due to the distinct engineering, configurational or technological requirements associated with the applicant's Small Wireless Facility or equipment. An applicant requesting an administrative deviation from these requirements must present to the Director or his or her designee a letter from a certified engineer or other person with sufficient licensing or technical expertise that details why the administrative deviation is required. If the Director is satisfied that the administrative deviation request is necessary, it shall be granted. Denials of administrative deviation requests may be pursued through the waiver process detailed in this Section, and the Director shall have the right to require any request to be pursued through the waiver process in his or her sole discretion. Once an administrative deviation request has been granted, it may be applied to each application and location where such distinct engineering or technical requirements exist.
The Council, in considering a proposed waiver shall determine whether the proposed waiver is in harmony with the spirit and intent of this Part, considering the following criteria as applicable:
(i) The effect of the waiver is compatible with the existing contiguous uses and consistent with the general character of the area considering population, density, scale, and orientation of the structures in the area;
(ii) The result will not detract from the specific intent of the objective design standards by promoting the continued existence of nonconforming Small Wireless Facilities that exist in the vicinity;
(iii) The effect of the proposed waiver will not diminish property values in, or negatively alter the aesthetic character of the area surrounding the site, and will not substantially interfere with or injure the rights of others whose property would be affected by the same;
(iv) The waiver will not have a detrimental effect on vehicular or pedestrian traffic or parking conditions, or result in the creation of objectionable or excessive light, glare, shadows, or other effects, taking into account existing uses in the vicinity;
(v) The proposed waiver will not be detrimental to the public health, safety or welfare, and will not result in additional public expense, creation of nuisances, or cause conflict with any other applicable law;
(vi) The City's Right-of-Way where the Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole is proposed exhibits specific physical limitations or characteristics which are unique to the site and which would make imposition of the strict letter of the standard unduly burdensome;
(vii) The request is not based exclusively upon a desire to reduce the costs associated with compliance and is the minimum necessary to Collocate the Small Wireless Facility or place the Small Wireless Sole Purpose New Utility Pole;
(viii) If the request is the result of a violation that has existed for a considerable length of time without receiving a citation, whether the violation that exists is a result of construction that occurred prior to the applicant's acquisition of the property, and not as a direct result of the actions of the current owner;
(ix) The request accomplishes a compelling public interest, such as, for example, furthering the preservation of natural resources by saving a tree or trees;
(x) Strict compliance with the regulation will create a substantial financial burden when considering cost of compliance; and
(xi) Ensuring that all citizens of Jacksonville and Duval County have abundant access to broadband capability.
(Ord. 2017-863-E, § 4; Ord. 2019-770-E, § 9)
